HB 7247

1
A bill to be entitled
2An act relating to government reorganization; creating s.
320.60, F.S.; creating the Department of Economic
4Opportunity; providing for the appointment of the
5Commissioner of Economic Opportunity, subject to
6confirmation by the Senate; specifying the commissioner's
7duties; restricting the amount of the commissioner's
8public remuneration; specifying the purpose and duties of
9the department; establishing divisions within the
10department and the duties of such divisions; designating
11the department as the administrative agency for receipt
12and administration of certain federal grants; providing
13for disbursement of such grants; authorizing the
14department to serve as contract administrator for
15specified contracts; specifying that the Unemployment
16Appeals Commission is not subject to the department's
17control, supervision, or direction; requiring the
18department to submit an annual report to the Governor and
19Legislature; requiring the department to establish
20performance standards for specified public-private
21partnerships; requiring the department to establish an
22official seal and provide for use of the seal; designating
23the department as the state agency responsible for the
24state's role in housing and urban development; assigning
25the role of state government to the department under the
26Housing Authorities Law, Housing Cooperation Law, and
27provisions relating to the tax exemption of housing
28authorities; repealing s. 14.2015, F.S., relating to the
29establishment of the Office of Tourism, Trade, and
30Economic Development within the Executive Office of the
31Governor; transferring functions and trust funds of the
32Office of Tourism, Trade, and Economic Development of the
33Executive Office of the Governor to the Department of
34Economic Opportunity; repealing ss. 288.1221, 288.1222,
35288.1223, 288.1224, 288.1226, and 288.1227, F.S., relating
36to the Florida Commission on Tourism and the Florida
37Tourism Industry Marketing Corporation, doing business as
38VISIT Florida; repealing ss. 288.7065, 288.707, 288.708,
39288.709, 288.7091, and 288.712, F.S., relating to the
40Florida Black Business Investment Board, Inc.; providing
41for the merger of the Florida Sports Foundation, the
42Florida Tourism Industry Marketing Corporation, and the
43Florida Black Business Investment Board, Inc., into
44Enterprise, Florida, Inc.; requiring the not-for-profit
45entities to enter into a merger plan with Enterprise
46Florida, Inc.; providing legislative intent related to the
47merger; requiring the Governor to designate a transition
48coordinator for the merger; providing for certain
49transition activities; amending s. 14.32, F.S.; providing
50additional duties of the Chief Inspector General relating
51to public-private partnerships; amending s. 112.313, F.S.;
52providing for applicability of certain employment and
53contracting restrictions to the Commissioner of Economic
54Opportunity and the commissioner's duties as president of
55Enterprise Florida, Inc.; creating s. 288.005, F.S.;
56defining the terms "commissioner," "department," and
57"economic benefits"; amending s. 288.012, F.S.; renaming
58the state's foreign offices as international offices;
59authorizing the Governor to designate a state protocol
60officer; requiring the state protocol officer to publish a
61state protocol manual; amending s. 288.061, F.S.; revising
62the economic development incentive review process;
63providing for the Commissioner of Economic Opportunity to
64review and submit recommendations to the Governor on
65economic development incentive applications; providing for
66incentive award contracts; amending ss. 288.901, 288.9015,
67288.903, 288.904, 288.905, and 288.906, F.S.; revising the
68organization, governance, powers, and duties of Enterprise
69Florida, Inc.; revising the membership, powers, and duties
70of the board of directors of Enterprise Florida, Inc.;
71revising private-sector matching requirements for state
72operational funding provided to Enterprise Florida, Inc.;
73providing that the Commissioner of Economic Opportunity
74serves ex officio as president of Enterprise Florida,
75Inc.; providing duties of the president; requiring
76contracts for performance bonuses for employees receiving
77compensation that exceeds a specified amount; revising
78requirements for the annual report of Enterprise Florida,
79Inc.; creating s. 288.907, F.S.; requiring Enterprise
80Florida, Inc., to submit an annual incentive report to the
81Governor and Legislature; specifying contents of the
82report; amending s. 288.911, F.S.; authorizing Enterprise
83Florida, Inc., to register a certain fictitious name for
84purposes of tourism promotion; creating s. 288.912, F.S.;
85requiring certain counties and municipalities to submit
86certain information to the Department of Economic
87Opportunity related to economic development incentives;
88creating s. 288.920, F.S.; requiring the establishment of
89divisions within Enterprise Florida, Inc.; providing for
90the division employees; establishing an advisory council
91for certain divisions; providing for the qualifications,
92nominations, appointments, terms, and removal of advisory
93council members; providing for the selection of advisory
94council chairs; creating ss. 288.921, 288.922, 288.923,
95and 288.925, F.S.; establishing specified divisions within
96Enterprise Florida, Inc.; specifying the duties of each
97division; requiring certain divisions to submit annual
98reports; providing for the appointment of advisory
99councils for each division; authorizing the advisory
100councils to submit recommendations to the board of
101directors of Enterprise Florida, Inc., on specified
102matters; transferring, renumbering, and amending s.
103288.1229, F.S.; deleting provisions relating to the
104direct-support organization for promotion and development
105of sports-related industries and amateur athletics;
106establishing the Division of Sports Industry Development
107within Enterprise Florida, Inc.; specifying the division's
108duties; providing for the appointment of an advisory
109council for the division; authorizing the advisory council
110to submit recommendations to the board of directors of
111Enterprise Florida, Inc., on specified matters; amending
112s. 288.9624, F.S.; revising provisions for the appointment
113of the board of directors of the Florida Opportunity Fund
114and filling of anticipated vacancies on such board of
115directors; amending s. 331.3081, F.S.; revising the
116organization, governance, powers, and duties of Space
117Florida; specifying that Space Florida shall be governed
118by certain members of the board of directors of Enterprise
119Florida, Inc.; providing for an advisory council for Space
120Florida; providing for the qualifications, nominations,
121appointments, terms, and removal of advisory council
122members; providing for the selection of advisory council
123chairs; authorizing the advisory council to submit
124recommendations to the board of directors of Enterprise
125Florida, Inc., on specified matters; amending s. 331.310,
126F.S.; redesignating the president of Space Florida as the
127executive director; amending ss. 377.711 and 377.712,
128F.S.; reviving provisions of the Southern States Energy
129Compact to revise the powers of the Southern States Energy
130Board; deleting an obsolete reference to the former
131Department of Commerce; authorizing various state
132departments to cooperate with the Southern States Energy
133Board for certain purposes; amending ss. 15.182, 23.22,
13424.113, 120.54, 125.045, 159.803, 159.8081, 159.8083,
135159.809, 159.81, 163.3180, 163.3187, 166.021, 186.504,
136212.08, 212.096, 212.097, 212.098, 212.20, 213.053,
137218.64, 220.181, 220.182, 220.183, 220.1895, 220.1896,
138220.1899, 220.191, 267.0625, 272.11, 282.34, 287.0931,
139287.0943, 287.09451, 287.0947, 288.017, 288.018, 288.019,
140288.021, 288.0251, 288.035, 288.037, 288.041, 288.047,
141288.063, 288.065, 288.0655, 288.0656, 288.06561, 288.0657,
142288.0658, 288.0659, 288.075, 288.095, 288.1045, 288.106,
143288.107, 288.108, 288.1081, 288.1082, 288.1083, 288.1088,
144288.1089, 288.1095, 288.1162, 288.11621, 288.1168,
145288.1169, 288.1171, 288.1175, 288.122, 288.12265, 288.124,
146288.1251, 288.1252, 288.1253, 288.1254, 288.7015, 288.703,
147288.705, 288.706, 288.7094, 288.7102, 288.714, 288.773,
148288.774, 288.776, 288.7771, 288.816, 288.809, 288.8175,
149288.826, 288.95155, 288.955, 288.9604, 288.9605, 288.9606,
150288.975, 288.980, 288.984, 288.9913, 288.9914, 288.9916,
151288.9917, 288.9918, 288.9919, 288.9920, 288.9921, 288.99,
152290.004, 290.0055, 290.0056, 290.0058, 290.0065, 290.0066,
153290.00710, 290.0072, 290.00725, 290.0073, 290.0074,
154290.0077, 290.014, 290.053, 290.06561, 310.0015, 311.09,
155311.11, 311.115, 311.22, 320.08058, 320.63, 331.3051,
156375.021, 376.60, 376.86, 380.06, 381.0054, 403.973,
157440.45, 473.3065, 570.96, 597.006, 624.5105, 627.3511,
158641.217, 657.042, 658.67, 1003.492, 1003.493, 1004.226,
159and 1004.435, F.S.; conforming provisions to changes made
160by the act; deleting obsolete provisions; conforming
161cross-references; repealing s. 42, ch. 2005-71, and s. 1,
162ch. 2005-261, Laws of Florida, relating to the
163authorization for funding certain dredging projects, to
164delete obsolete provisions; repealing ss. 216.235,
165216.236, 216.237, and 216.238, F.S., relating to the
166Innovation Investment Program, the selection of review
167boards to evaluate innovative investment projects, the
168appointment of the State Innovation Committee and approval
169of such projects, the funding, recordkeeping, and
170reporting for such projects, the establishment by state
171agencies of internal innovations funds, and the adoption
172of rules by the Department of Management Services for the
173program; repealing s. 287.115, F.S., relating to
174provisions requiring the Chief Financial Officer to submit
175annual reports on disallowed contractual service
176contracts; repealing s. 288.038, F.S., relating to
177agreements for appointing county tax collectors as agents
178of the former Department of Labor and Employment Security
179for licenses and similar registrations; repealing s.
180288.12295, F.S., relating to a public records exemption
181for donors for a direct-support organization on promotion
182and development of sports-related industries and amateur
183athletics; repealing s. 288.386, F.S., relating to the
184Florida-Caribbean Basin Trade Initiative; repealing s.
185288.7011, F.S., relating to contracts between the Office
186of Tourism, Trade, and Economic Development and a certain
187nonprofit statewide development corporation; repealing s.
188288.90151, F.S., relating to the return on investment from
189activities of Enterprise Florida, Inc.; repealing s.
190288.9415, F.S., relating to Enterprise Florida, Inc., and
191international trade grants; repealing s. 288.9618, F.S.,
192relating to an economic development program for
193microenterprises; repealing s. 288.982, F.S., relating to
194a public records exemption for certain records relating to
195the United States Department of Defense Base Realignment
196and Closure 2005 process; repealing s. 373.461, F.S.,
197relating to Lake Apopka improvement and management;
198repealing s. 379.2353, F.S., relating to enterprise zone
199designations for certain communities suffering adverse
200impacts from the adoption of the constitutional amendment
201limiting the use of nets to harvest marine species;
202repealing ss. 409.944, 409.945, and 409.946, F.S.,
203relating to the Inner City Redevelopment Assistance Grants
204Program, eligibility criteria for the program, and the
205membership of the Inner City Redevelopment Review Panel;
206repealing s. 624.4072, F.S., relating to certain expired
207tax exemptions for minority-owned property and casualty
208insurers; repealing s. 625.3255, F.S., relating to capital
209participation investments issued by the Florida Black
210Business Investment Board; repealing s. 20.18, F.S.,
211relating to the establishment of the Department of
212Community Affairs; transferring the functions and trust
213funds of the Department of Community Affairs to other
214agencies; transferring the Division of Housing and
215Community Development to the Department of Economic
216Opportunity; transferring the Division of Community
217Planning to the Department of Economic Opportunity;
218transferring the Division of Emergency Management to the
219Executive Office of the Governor; transferring the Florida
220Building Commission to the Department of Business and
221Professional Regulation; transferring the responsibilities
222under the Florida Communities Trust to the Department of
223Environmental Protection; transferring the
224responsibilities under the Stan Mayfield Working
225Waterfronts Program to the Department of Environmental
226Protection; transferring the responsibilities under the
227Special District Information Program to the Department of
228Financial Services; transferring the responsibilities
229under the Community Services Block Grant Programs to the
230Department of Children and Family Services; transferring
231specified trust funds from the Department of Community
232Affairs to the Department of Economic Opportunity;
233transferring specified trust funds from the Department of
234Community Affairs to the Executive Office of the Governor;
235transferring specified trust funds from the Department of
236Community Affairs to the Department of Business and
237Professional Regulation; transferring the Florida Forever
238Program Trust Fund and the Florida Communities Trust Fund
239from the Department of Community Affairs to the Department
240of Environmental Protection; transferring the Community
241Services Block Grant Trust Fund from the Department of
242Community Affairs to the Department of Children and
243Families; terminating the Administrative Trust Fund of the
244Department of Community Affairs and providing for the
245transfer of the trust fund balance to a specified trust
246fund; providing for the continuation of binding contracts
247or agreements with the successor department or entity;
248providing for a type two transfer from the Department of
249Community Affairs to the Department of Economic
250Opportunity of all other things not specifically
251delineated for transfer; creating s. 14.2016, F.S.;
252establishing the Division of Emergency Management within
253the Executive Office of the Governor; providing for the
254director of the division to serve at the pleasure of the
255Governor; providing duties of the division; amending s.
256163.03, F.S.; deleting a requirement that the Secretary of
257Community Affairs administer certain programs during
258emergency situations; conforming provisions to changes
259made by the act; reenacting and amending s. 163.3191,
260F.S.; conforming provisions to changes made by the act;
261amending s. 215.559, F.S.; delaying the expiration date of
262the Hurricane Loss Mitigation Program; conforming
263provisions to changes made by the act; amending s. 290.044
264F.S., relating to unallocated funds in the Florida Small
265Cities Community Development Block Grant Fund; amending s.
266290.047, F.S.; deleting statutory grant ceilings for the
267Florida Small Cities Community Development Block Grant
268program; authorizing ceilings to be established by rule;
269amending ss. 11.40, 11.45, 11.905, 17.61, 20.181, 68.096,
27068.105, 112.63, 112.665, 119.071, 161.142, 161.54, 163.06,
271163.2517, 163.3164, 163.3177, 163.3178, 163.3180,
272163.3204, 163.3221, 163.3246, 163.3247, 163.336, 163.458,
273163.460, 163.461, 163.462, 163.5055, 163.506, 163.508,
274163.511, 163.512, 165.031, 171.204, 189.403, 189.4035,
275189.412, 189.413, 189.425, 189.427, 190.009, 190.047,
276191.009, 191.015, 201.15, 215.5586, 215.55865, 215.5588,
277218.32, 218.37, 218.411, 220.183, 252.34, 252.355,
278252.371, 252.373, 252.55, 252.60, 252.61, 252.82, 252.83,
279252.85, 252.86, 252.87, 252.88, 252.936, 252.937, 252.943,
280252.946, 255.042, 258.004, 258.501, 259.035, 259.042,
281259.105, 260.0142, 282.34, 282.709, 288.021, 288.0656,
282288.109, 288.975, 288.984, 290.042, 290.043, 290.046,
283290.048, 290.0491, 311.105, 327.803, 332.115, 333.065,
284339.135, 339.175, 342.201, 369.303, 369.318, 369.321,
285369.322, 369.323, 369.324, 373.199, 373.4149, 373.453,
286376.86, 377.6015, 377.703, 377.809, 378.411, 379.2291,
287380.031, 380.06, 380.061, 380.0677, 380.503, 380.504,
288380.5115, 381.0303, 381.7354, 393.067, 395.1055, 395.1056,
289397.321, 397.801, 400.23, 400.497, 400.506, 400.605,
290400.935, 400.967, 401.245, 403.0752, 403.0891, 403.42,
291403.507, 403.508, 403.524, 403.526, 403.527, 403.757,
292403.941, 403.9411, 403.973, 404.056, 404.0617, 409.508,
293409.509, 410.502, 418.12, 420.0003, 420.0004, 420.0005,
294420.101, 420.111, 420.36, 420.424, 420.503, 420.504,
295420.506, 420.5095, 420.602, 420.606, 420.609, 420.622,
296420.631, 420.635, 421.001, 422.001, 423.001, 429.41,
297429.929, 450.261, 489.103, 489.109, 489.509, 497.271,
298526.144, 553.36, 553.382, 553.512, 553.71, 553.74,
299553.721, 553.841, 553.896, 553.901, 553.9085, 553.954,
300553.955, 553.973, 553.992, 553.995, 570.71, 604.006,
301624.5105, 627.0628, 627.0629, 720.403, 720.404, 720.406,
302760.854, 768.13, 943.0311, 943.0313, 1004.46, 1013.37,
3031013.372, and 1013.74, F.S.; conforming provisions to
304changes made by the act; deleting obsolete provisions;
305repealing s. 163.2523, F.S., relating to an urban infill
306and redevelopment assistance grant program; repealing s.
307380.285, F.S., relating to a study of lighthouses in the
308state; repealing s. 943.402, F.S., relating to transfer of
309the criminal justice program of the Department of
310Community Affairs to the Department of Law Enforcement;
311repealing s. 20.50, F.S., relating to the establishment of
312the Agency for Workforce Innovation; transferring the
313functions and trust funds of the Agency for Workforce
314Innovation to other agencies; transferring the Office of
315Early Learning to the Department of Economic Opportunity;
316transferring the Office of Unemployment Compensation
317Services to the Department of Economic Opportunity;
318transferring the Office of Workforce Services to the
319Department of Economic Opportunity; providing for the
320continuation of binding contracts or agreements with the
321successor department or entity; providing for a type two
322transfer; transferring, renumbering, and amending ss.
32320.505, 331.369, and 1004.99, F.S.; conforming provisions
324to changes made by the act; amending s. 112.044, F.S.;
325requiring employers, employment agencies, and labor
326organizations to post notices required by the United
327States Department of Labor and the United States Equal
328Employment Opportunity Commission; amending s. 409.942,
329F.S.; deleting requirements that Workforce Florida, Inc.,
330establish an electronic transfer benefit program; amending
331s. 411.0102, F.S.; requiring each participating early
332learning coalition board to develop a plan for the use of
333child care purchasing pool funds; conforming provisions to
334changes made by the act; amending s. 445.004, F.S.;
335providing that the Commissioner of Economic Opportunity
336shall serve ex officio as a voting member of the board of
337directors of Workforce Florida, Inc.; deleting a provision
338pertaining to funds and contributions provided by clients
339of the Quick Response Training Program; amending s.
340445.007, F.S.; revising the membership of the regional
341workforce boards; conforming provisions to changes made by
342the act; amending s. 553.62, F.S.; deleting provisions
343authorizing the adoption of rules to incorporate future
344changes to certain federal excavation safety standards;
345amending ss. 11.905, 14.20195, 16.615, 39.001, 45.031,
34669.041, 112.3135, 120.80, 202.37, 212.096, 213.053,
347216.136, 216.292, 216.231, 220.03, 222.15, 250.06,
348255.099, 287.09431, 287.09451, 381.0086, 383.14, 402.281,
349402.45, 402.56, 403.7032, 409.017, 409.1451, 411.01,
350411.0101, 411.01013, 411.01014, 411.01015, 411.0103,
351411.0104, 411.0105, 411.0106, 411.011, 411.226, 411.227,
352414.24, 414.295, 414.411, 427.012, 429.907, 440.12,
353440.15, 440.381, 443.012, 443.036, 443.041, 443.051,
354443.071, 443.091, 443.101, 443.111, 443.1113, 443.1115,
355443.1116, 443.1215, 443.1216, 443.1217, 443.131, 443.1312,
356443.1313, 443.1315, 443.1316, 443.1317, 443.141, 443.151,
357443.163, 443.171, 443.1715, 443.181, 443.191, 443.211,
358443.221, 445.002, 445.003, 445.009, 445.016, 445.024,
359445.0325, 445.038, 445.045, 445.048, 445.049, 445.051,
360446.41, 446.44, 446.50, 446.52, 448.109, 448.110, 450.161,
361450.191, 450.31, 464.203, 468.529, 489.1455, 489.5335,
362551.104, 944.708, 944.801, 945.10, 985.601, 1002.375,
3631002.53, 1002.55, 1002.61, 1002.63, 1002.67, 1002.69,
3641002.71, 1002.72, 1002.75, 1002.77, 1002.79, 1003.4285,
3651003.491, 1003.492, 1003.493, 1003.575, 1008.39, 1008.41,
3661011.76, and 1012.2251, F.S.; conforming provisions to
367changes made by the act; conforming cross-references;
368deleting obsolete provisions; repealing s. 446.60, F.S.,
369relating to assistance for displaced local exchange
370telecommunications company workers; repealing s. 445.056,
371F.S., relating to the Citizen Soldier Matching Grant
372Program and the award of grants to private sector
373employers who employ certain military personnel on federal
374active duty; directing the Department of Economic
375Opportunity, the Department of Education, and the
376Department of Children and Family Services to submit a
377joint report to the Legislature on the state's early
378learning programs; directing the Auditor General to
379conduct audits of the early learning coalitions by a
380specified date; providing legislative intent with respect
381to the transfer of programs and administrative
382responsibilities; providing for a transition period;
383providing for coordination between the Department of
384Community Affairs, the Agency for Workforce Innovation,
385the Office of Tourism, Trade, and Economic Development,
386and other state agencies to implement the transition;
387providing for the appointment of agency transition
388coordinators; requiring the transition coordinators to
389submit a progress report to the Governor and Legislature
390by a specified date; authorizing the Executive Office of
391the Governor, upon approval by the Legislative Budget
392Commission, to transfer funds between agencies under
393certain circumstances; requiring that the Governor submit
394information and obtain waivers as required by federal law;
395providing effective dates.
396
397Be It Enacted by the Legislature of the State of Florida:
398
399     Section 1.  Section 20.60, Florida Statutes, is created to
400read:
401     20.60  Department of Economic Opportunity.-There is created
402a Department of Economic Opportunity.
403     (1)(a)  The head of the department is the Commissioner of
404Economic Opportunity, who shall be appointed by the Governor,
405subject to confirmation by the Senate. The commissioner shall
406serve at the pleasure of and report to the Governor.
407     (b)  The commissioner shall:
408     1.  Manage all activities and responsibilities of the
409Department of Economic Opportunity.
410     2.  Serve as the state's chief negotiator for business
411recruitment and business expansion.
412     (2)  The purpose of the department is to assist the
413Governor in working with the Legislature, state agencies, local
414governments, business leaders, and economic development
415professionals to formulate and implement coherent and consistent
416policies and strategies designed to promote economic
417opportunities for the people of this state. To accomplish these
418purposes, the department shall:
419     (a)  Facilitate the direct involvement of the Governor and
420the Lieutenant Governor in economic development and workforce
421development projects designed to create, expand, and retain
422businesses in the state, to globally recruit business, and to
423facilitate other job-creating efforts.
424     (b)  Recruit new businesses to the state and promote the
425expansion of existing businesses by expediting location
426decisions, worker placement and training, and incentive awards.
427     (c)  Promote viable, sustainable communities by providing
428technical assistance and guidance on growth and development
429issues, grants, and other assistance to local communities.
430     (d)  Ensure that the state's goals and policies relating to
431economic development, workforce development, community planning
432and development, and affordable housing are fully integrated
433with appropriate implementation strategies.
434     (e)  Manage the activities of public-private partnerships
435and coordinate with other state agencies in order to avoid
436duplication and promote coordinated and consistent
437implementation of programs in areas including, but not limited
438to, tourism; international trade and investment; business
439recruitment, creation, retention, and expansion; minority and
440small business development; community planning and development;
441commercialization of products, services, or ideas developed in
442public universities or other public institutions; and the
443development and promotion of professional and amateur sporting
444events.
445     (f)  Coordinate efforts of entities to address
446transportation needs, including port development, housing,
447recreation, and other community infrastructure to support the
448needs of local and regional areas.
449     (g)  Assist, promote, and enhance economic opportunities in
450the state's rural and urban communities.
451     (3)  The following divisions are established within the
452department and have the following specific responsibilities in
453order to achieve the department's duties, responsibilities, and
454goals:
455     (a)  The Division of Strategic Business Development shall:
456     1.  Analyze and evaluate business prospects identified by
457the Governor, the commissioner, and Enterprise Florida, Inc.
458     2.  Administer certain tax refund, tax credit, and grant
459programs created in law.
460     3.  Develop a 5-year statewide strategic plan. The
461strategic plan shall include, but is not limited to:
462     a.  Strategies for the promotion of business formation,
463expansion, recruitment, and retention through aggressive
464marketing, international development, and export assistance,
465which lead to more and better jobs and higher wages for all
466geographic regions, disadvantaged communities, and populations
467of the state, including rural areas, minority businesses, and
468urban core areas.
469     b.  The development of realistic policies and programs to
470further the economic diversity of the state, its regions, and
471their associated industrial clusters.
472     c.  Specific provisions for the stimulation of economic
473development and job creation in rural areas and midsize cities
474and counties of the state.
475     d.  Provisions for the promotion of the successful long-
476term economic development of the state with increased emphasis
477in market research and information.
478     e.  Plans for the generation of foreign investment in the
479state which creates jobs with above-average wages and results in
480reverse investment in the state, including programs that
481establish viable overseas markets, assist in meeting the
482financing requirements of export-ready firms, broaden
483opportunities for international joint venture relationships, use
484the resources of academic and other institutions, coordinate
485trade assistance and facilitation services, and facilitate
486availability of and access to education and training programs
487which will assure requisite skills and competencies necessary to
488compete successfully in the global marketplace.
489     f.  The identification of business sectors that are of
490current or future importance to the state's economy and to the
491state's global business image, and development of specific
492strategies to promote the development of such sectors.
493     g.  Strategies for talent development necessary in the
494state to encourage development growth, taking into account
495factors such as the state's talent supply chain, education and
496training opportunities, and available workforce.
497     4.  Update the strategic plan every 5 years. The division
498shall involve Enterprise Florida, Inc., Workforce Florida, Inc.,
499local governments; the general public; local and regional
500economic development organizations; other local, state, and
501federal economic, international, and workforce development
502entities; the business community; and educational institutions
503to assist with each update.
504     (b)  The Division of Community Planning and Development
505shall:
506     1.  Assist local governments and their communities in
507finding creative planning solutions to help them foster vibrant,
508healthy communities, while protecting the functions of important
509state resources and facilities.
510     2.  Administer state and federal grant programs as provided
511by law to provide community development and project planning
512activities to maintain viable communities, revitalize existing
513communities, and expand economic development and employment
514opportunities.
515     3.  Assist in developing the 5-year statewide strategic
516plan required by this section.
517     (c)  The Division of Workforce Services shall:
518     1.  Administer federal and state workforce funding by
519administering plans and policies of Workforce Florida, Inc.,
520under contract with Workforce Florida, Inc. The operating budget
521and midyear amendments thereto must be part of such contract.
522     a.  All program and fiscal instructions to regional
523workforce boards shall emanate from the department pursuant to
524plans and policies of Workforce Florida, Inc. Workforce Florida,
525Inc., is responsible for all policy directions to the regional
526workforce boards.
527     b.  Unless otherwise provided by agreement with Workforce
528Florida, Inc., administrative and personnel policies shall
529apply.
530     2.  Implement the state's unemployment compensation
531program, pursuant to state and federal law.
532     3.  Implement and administer, through the Office of Early
533Learning, the state's school readiness system and the Voluntary
534Prekindergarten Education Program.
535     (d)  The Division of Finance and Administration shall:
536     1.  Administer all department budget and finance matters.
537     2.  Administer all department personnel matters.
538     3.  Maintain proper records.
539     (4)  The department is designated as the administrative
540agency designated for receipt and administration of federal
541workforce development grants and other federal funds and shall
542carry out the duties assigned to it by the Governor, under the
543terms and conditions of each grant. The department shall
544disburse such grants pursuant to the plans and policies of
545Workforce Florida, Inc. The department may, to the extent
546authorized by Workforce Florida, Inc., serve as the contract
547administrator for contracts entered into by Workforce Florida,
548Inc., pursuant to s. 445.004(5). The Governor may sign
549contracts, grants, and other instruments as necessary to execute
550functions assigned to the department. Notwithstanding any other
551law, the department shall administer other programs funded by
552federal or state appropriations, as determined by the
553Legislature in the General Appropriations Act or by law.
554     (5)  The department may provide or contract for training
555for employees of administrative entities and case managers of
556any contracted providers to ensure they have the necessary
557competencies and skills to provide adequate administrative
558oversight and delivery of the full array of client services.
559     (6)  The Unemployment Appeals Commission created pursuant
560to s. 443.012 is not subject to control, supervision, or
561direction by the department in the performance of the
562commission's powers and duties. However, the department shall
563provide any support and assistance that is required for the
564performance of the commission's duties.
565     (7)  The department, with assistance from Enterprise
566Florida, Inc., and Workforce Florida, Inc., shall, by January 1
567of each year, submit an annual report to the Governor, the
568President of the Senate, and the Speaker of the House of
569Representatives on the condition of the business climate and
570economic development in the state. The report shall include the
571identification of problems and a prioritized list of
572recommendations.
573     (8)  The department shall establish annual performance
574standards for Enterprise Florida, Inc., Workforce Florida, Inc.,
575and Space Florida and report annually on how these performance
576measures are being met in the annual report required under
577subsection (7).
578     (9)  The department shall have an official seal by which
579its records, orders, and proceedings are authenticated. The seal
580shall be judicially noticed.
581     (10)  The department shall administer the role of state
582government under part I of chapter 421, relating to the Housing
583Authorities Law; chapter 422, relating to the Housing
584Cooperation Law; and chapter 423, relating to the tax exemption
585of housing authorities. The department is the state agency
586responsible for the state's role in housing and urban
587development.
588     Section 2.  Section 14.2015, Florida Statutes, is repealed.
589     Section 3.  Transfers from Executive Office of the
590Governor.-
591     (1)  All powers, duties, functions, records, offices,
592personnel, associated administrative support positions,  
593property, pending issues, and existing contracts, administrative
594authority, administrative rules, and unexpended balances of
595appropriations, allocations, and other funds relating to the
596Office of Tourism, Trade, and Economic Development in the
597Executive Office of the Governor are transferred by a type two
598transfer, as defined in s. 20.06(2), Florida Statutes, to the
599Department of Economic Opportunity.
600     (2)  The following trust funds are transferred from the
601Executive Office of the Governor to the Department of Economic
602Opportunity:
603     (a)  The Economic Development Trust Fund, FLAIR number 31-
6042-177.
605     (b)  The Economic Development Transportation Trust Fund,
606FLAIR number 31-2-175.
607     (c)  The Tourism Promotional Trust Fund, FLAIR number 31-2-
608722.
609     (d)  The Professional Sports Development Trust Fund, FLAIR
610number 31-2-551.
611     (e)  The Florida International Trade and Promotion Trust
612Fund, FLAIR number 31-2-338.
613     (3)  Any binding contract or interagency agreement existing
614on or before July 1, 2011, between the Office of Tourism, Trade,
615and Economic Development in the Executive Office of the
616Governor, or an entity or agent of the office, and any other
617agency, entity, or person shall continue as a binding contract
618or agreement for the remainder of the term of such contract or
619agreement with the successor department, agency, or entity
620responsible for the program, activity, or functions relative to
621the contract or agreement.
622     (4)  All powers, duties, functions, records, offices,
623personnel, property, pending issues, and existing contracts,
624administrative authority, administrative rules, and unexpended
625balances of appropriations, allocations, and other funds
626relating to the Office of Tourism, Trade, and Economic
627Development in the Executive Office of the Governor, and not
628specifically delineated for transfer within this section are
629transferred by a type two transfer to the Department of Economic
630Opportunity.
631     Section 4.  Sections 288.1221, 288.1222, 288.1223,
632288.1224, 288.1226, and 288.1227, Florida Statutes, are
633repealed.
634     Section 5.  Sections 288.7065, 288.707, 288.708, 288.709,
635288.7091, and 288.712, Florida Statutes, are repealed.
636     Section 6.  (1)  The not-for-profit corporations
637established in ss. 288.1226, 288.1229, and 288.707, Florida
638Statutes, are merged into and transferred to Enterprise Florida,
639Inc.
640     (2)  The Florida Sports Foundation; the Florida Tourism
641Industry Marketing Corporation, doing business as VISIT Florida;
642and the Florida Black Business Investment Board, Inc., must
643enter into a plan of merger to merge into Enterprise Florida,
644Inc. Such merger must be complete by December 31, 2011. The
645merger is governed by chapter 617, Florida Statutes, related to
646the merger of not-for-profit corporations.
647     (3)  It is the intent of the Legislature that the changes
648made by this act be accomplished with minimal disruption of
649services provided to the public and with minimal disruption to
650employees of any organization. To that end, the Legislature
651directs that notwithstanding the changes made by this act, the
652Florida Sports Foundation; the Florida Tourism Industry
653Marketing Corporation, doing business as VISIT Florida; and the
654Florida Black Business Investment Board, Inc., may continue with
655such powers, duties, functions, records, offices, personnel,
656property, pending issues, and existing contracts as provided in
657Florida Statutes 2010 until December 31, 2011. The Legislature
658believes that a transition period between the effective date of
659this act and December 31, 2011, is appropriate and warranted.
660     (4)  The Governor shall designate a transition coordinator
661who shall serve as the Governor's primary representative on
662matters related to the implementation of this act for the merger
663of the Florida Sports Foundation; the Florida Tourism Industry
664Marketing Corporation, doing business as VISIT Florida; and the
665Florida Black Business Investment Board, Inc., into Enterprise
666Florida, Inc., and the transition plans developed pursuant to
667this section. The Governor's transition coordinator shall submit
668a progress report to the Governor, the President of the Senate,
669and the Speaker of the House of Representatives on the
670implementation of this act and the transition plans, including,
671but not limited to, any adverse impact or negative consequences
672on programs and services, of meeting any deadline imposed by
673this act, and any difficulties experienced by the entities. The
674Governor's transition coordinator shall also coordinate the
675submission of any budget amendments, in accordance with chapter
676216, Florida Statutes, that may be necessary to implement this
677act.
678     (5)  Any funds held in trust which were donated to or
679earned by the Florida Sports Foundation; the Florida Tourism
680Industry Marketing Corporation, doing business as VISIT Florida;
681or the Florida Black Business Investment Board, Inc., while
682previously organized as a corporation under chapter 617, Florida
683Statutes, shall be transferred to Enterprise Florida, Inc., to
684be used by the respective division for the funds' original
685purposes.
686     (6)  Upon the recommendation and guidance of the Florida
687Sports Foundation; the Florida Tourism Industry Marketing
688Corporation, doing business as VISIT Florida; or the Florida
689Black Business Investment Board, Inc., the Governor shall submit
690in a timely manner to the applicable Federal departments or
691agencies any necessary amendments or supplemental information
692concerning plans that the state or one of the entities is
693required to submit to the Federal Government in connection with
694any federal or state program. The Governor shall seek any
695waivers from the requirements of federal law or rules which may
696be necessary to administer this act.
697     (7)  The transfer of any program, activity, duty, or
698function under this act includes the transfer of any records and
699unexpended balances of appropriations, allocations, or other
700funds related to such program, activity, duty, or function.
701Except as otherwise provided by law, Enterprise Florida, Inc.,
702shall become the custodian of any property of the Florida Sports
703Foundation; the Florida Tourism Industry Marketing Corporation,
704doing business as VISIT Florida; and the Florida Black Business
705Investment Board, Inc., on the date specified in the plan of
706merger or December 31, 2011, whichever occurs first.
707     (8)  The Department of Management Services may establish a
708lease agreement program under which Enterprise Florida, Inc.,
709and may hire any individual who was employed by the Florida
710Black Business Investment Board, Inc., under a previous lease
711agreement under s. 288.708(2), Florida Statutes 2010. Under such
712agreement, the employee shall retain his or her status as a
713state employee but shall work under the direct supervision of
714Enterprise Florida, Inc. Retention of state employee status
715shall include the right to participate in the Florida Retirement
716System and shall continue until the employee voluntarily or
717involuntarily terminates his or her status with Enterprise
718Florida, Inc. The Department of Management Services shall
719establish the terms and conditions of such lease agreements.
720     Section 7.  Subsection (3) of section 14.32, Florida
721Statutes, is renumbered as subsection (4), and a new subsection
722(3) is added to that section, to read:
723     14.32  Office of Chief Inspector General.-
724     (3)  The Chief Inspector General:
725     (a)  Shall advise public-private partnerships, including
726Enterprise Florida, Inc., in their development, utilization, and
727improvement of internal control measures necessary to ensure
728fiscal accountability.
729     (b)  May conduct, direct, and supervise audits relating to
730the programs and operations of public-private partnerships.
731     (c)  Shall receive and investigate complaints of fraud,
732abuses, and deficiencies relating to programs and operations of
733public-private partnerships.
734     (d)  May request and have access to any records, data, and
735other information of public-private partnerships that the Chief
736Inspector General deems necessary to carry out his or her
737responsibilities with respect to accountability.
738     (e)  Shall monitor public-private partnerships for
739compliance with the terms and conditions of contracts with the
740department and report noncompliance to the Governor.
741     (f)  Shall advise public-private partnerships in the
742development, utilization, and improvement of performance
743measures for the evaluation of their operations.
744     (g)  Shall review and make recommendations for improvements
745in the actions taken by public-private partnerships to meet
746performance standards.
747     Section 8.  Section 15.182, Florida Statutes, is amended to
748read:
749     15.182  International travel by state-funded musical,
750cultural, or artistic organizations; notification to Department
751of Economic Opportunity Office of Tourism, Trade, and Economic
752Development.-
753     (1)  If a musical, cultural, or artistic organization that
754receives state funding is traveling internationally for a
755presentation, performance, or other significant public viewing,
756including an organization associated with a college or
757university, such organization shall notify the Department of
758Economic Opportunity Office of Tourism, Trade, and Economic
759Development of its intentions to travel, together with the date,
760time, and location of each appearance.
761     (2)  The Department of Economic Opportunity Office of
762Tourism, Trade, and Economic Development, in conjunction with
763Enterprise Florida, Inc., shall act as an intermediary between
764performing musical, cultural, and artistic organizations and
765Florida businesses to encourage and coordinate joint
766undertakings. Such coordination may include, but is not limited
767to, encouraging business and industry to sponsor cultural
768events, assistance with travel of such organizations, and
769coordinating travel schedules of cultural performance groups and
770international trade missions.
771     (3)  An organization shall provide the notification to the
772Department of Economic Opportunity State required by this
773section at least 30 days before prior to the date the
774international travel is to commence or, when an intention to
775travel internationally is not formed at least 30 days before in
776advance of the date that the travel is to commence, as soon as
777feasible after forming such travel intention. The Department of
778Economic Opportunity State shall take an active role in
779informing such groups of the responsibility to notify the
780department of travel intentions.
781     Section 9.  Subsection (3) of section 23.22, Florida
782Statutes, is renumbered as subsection (2) and present subsection
783(2) of that section is amended to read:
784     23.22  Paperwork reduction; activities of departments.-
785     (2)  Departments shall consider applying to the Innovation
786Investment Program, pursuant to s. 216.235, for financial
787assistance required in streamlining and integrating information
788systems to reduce paperwork requirements.
789     Section 10.  Subsection (1) of section 24.113, Florida
790Statutes, is amended to read:
791     24.113  Minority participation.-
792     (1)  It is the intent of the Legislature that the
793department encourage participation by minority business
794enterprises as defined in s. 288.703. Accordingly, 15 percent of
795the retailers shall be minority business enterprises as defined
796in s. 288.703(2); however, no more than 35 percent of such
797retailers shall be owned by the same type of minority person, as
798defined in s. 288.703(3). The department is encouraged to meet
799the minority business enterprise procurement goals set forth in
800s. 287.09451 in the procurement of commodities, contractual
801services, construction, and architectural and engineering
802services. This section does shall not preclude or prohibit a
803minority person from competing for any other retailing or
804vending agreement awarded by the department.
805     Section 11.  Paragraph (c) is added to subsection (7) of
806section 112.313, Florida Statutes, to read:
807     112.313  Standards of conduct for public officers,
808employees of agencies, and local government attorneys.-
809     (7)  CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.-
810     (c)  This subsection does not prohibit the Commissioner of
811Economic Opportunity, who, by virtue of his or her office,
812serves as president of Enterprise Florida, Inc., from executing
813an annual contract with the board of directors of Enterprise
814Florida, Inc., that provides the basis for privately funded
815performance bonuses.
816     Section 12.  Paragraph (b) of subsection (3) of section
817120.54, Florida Statutes, as amended by chapter 2010-279, Laws
818of Florida, is amended to read:
819     120.54  Rulemaking.-
820     (3)  ADOPTION PROCEDURES.-
821     (b)  Special matters to be considered in rule adoption.-
822     1.  Statement of estimated regulatory costs.-Before Prior
823to the adoption, amendment, or repeal of any rule other than an
824emergency rule, an agency is encouraged to prepare a statement
825of estimated regulatory costs of the proposed rule, as provided
826by s. 120.541. However, an agency must prepare a statement of
827estimated regulatory costs of the proposed rule, as provided by
828s. 120.541, if:
829     a.  The proposed rule will have an adverse impact on small
830business; or
831     b.  The proposed rule is likely to directly or indirectly
832increase regulatory costs in excess of $200,000 in the aggregate
833in this state within 1 year after the implementation of the
834rule.
835     2.  Small businesses, small counties, and small cities.-
836     a.  Each agency, before the adoption, amendment, or repeal
837of a rule, shall consider the impact of the rule on small
838businesses as defined by s. 288.703 and the impact of the rule
839on small counties or small cities as defined by s. 120.52.
840Whenever practicable, an agency shall tier its rules to reduce
841disproportionate impacts on small businesses, small counties, or
842small cities to avoid regulating small businesses, small
843counties, or small cities that do not contribute significantly
844to the problem the rule is designed to address. An agency may
845define "small business" to include businesses employing more
846than 200 persons, may define "small county" to include those
847with populations of more than 75,000, and may define "small
848city" to include those with populations of more than 10,000, if
849it finds that such a definition is necessary to adapt a rule to
850the needs and problems of small businesses, small counties, or
851small cities. The agency shall consider each of the following
852methods for reducing the impact of the proposed rule on small
853businesses, small counties, and small cities, or any combination
854of these entities:
855     (I)  Establishing less stringent compliance or reporting
856requirements in the rule.
857     (II)  Establishing less stringent schedules or deadlines in
858the rule for compliance or reporting requirements.
859     (III)  Consolidating or simplifying the rule's compliance
860or reporting requirements.
861     (IV)  Establishing performance standards or best management
862practices to replace design or operational standards in the
863rule.
864     (V)  Exempting small businesses, small counties, or small
865cities from any or all requirements of the rule.
866     b.(I)  If the agency determines that the proposed action
867will affect small businesses as defined by the agency as
868provided in sub-subparagraph a., the agency shall send written
869notice of the rule to the Small Business Regulatory Advisory
870Council and the Department of Economic Opportunity at least
871Office of Tourism, Trade, and Economic Development not less than
87228 days before prior to the intended action.
873     (II)  Each agency shall adopt those regulatory alternatives
874offered by the Small Business Regulatory Advisory Council and
875provided to the agency no later than 21 days after the council's
876receipt of the written notice of the rule which it finds are
877feasible and consistent with the stated objectives of the
878proposed rule and which would reduce the impact on small
879businesses. When regulatory alternatives are offered by the
880Small Business Regulatory Advisory Council, the 90-day period
881for filing the rule in subparagraph (e)2. is extended for a
882period of 21 days.
883     (III)  If an agency does not adopt all alternatives offered
884pursuant to this sub-subparagraph, it shall, before prior to
885rule adoption or amendment and pursuant to subparagraph (d)1.,
886file a detailed written statement with the committee explaining
887the reasons for failure to adopt such alternatives. Within 3
888working days after of the filing of such notice, the agency
889shall send a copy of such notice to the Small Business
890Regulatory Advisory Council. The Small Business Regulatory
891Advisory Council may make a request of the President of the
892Senate and the Speaker of the House of Representatives that the
893presiding officers direct the Office of Program Policy Analysis
894and Government Accountability to determine whether the rejected
895alternatives reduce the impact on small business while meeting
896the stated objectives of the proposed rule. Within 60 days after
897the date of the directive from the presiding officers, the
898Office of Program Policy Analysis and Government Accountability
899shall report to the Administrative Procedures Committee its
900findings as to whether an alternative reduces the impact on
901small business while meeting the stated objectives of the
902proposed rule. The Office of Program Policy Analysis and
903Government Accountability shall consider the proposed rule, the
904economic impact statement, the written statement of the agency,
905the proposed alternatives, and any comment submitted during the
906comment period on the proposed rule. The Office of Program
907Policy Analysis and Government Accountability shall submit a
908report of its findings and recommendations to the Governor, the
909President of the Senate, and the Speaker of the House of
910Representatives. The Administrative Procedures Committee shall
911report such findings to the agency, and the agency shall respond
912in writing to the Administrative Procedures Committee if the
913Office of Program Policy Analysis and Government Accountability
914found that the alternative reduced the impact on small business
915while meeting the stated objectives of the proposed rule. If the
916agency will not adopt the alternative, it must also provide a
917detailed written statement to the committee as to why it will
918not adopt the alternative.
919     Section 13.  Subsections (4) and (5) of section 125.045,
920Florida Statutes, are amended to read:
921     125.045  County economic development powers.-
922     (4)  A contract between the governing body of a county or
923other entity engaged in economic development activities on
924behalf of the county and an economic development agency must
925require the agency or entity receiving county funds to submit a
926report to the governing body of the county detailing how county
927funds were spent and detailing the results of the economic
928development agency's or entity's efforts on behalf of the
929county. By January 15, 2011, and annually thereafter, the county
930must file a copy of the report with the Office of Economic and
931Demographic Research Legislative Committee on Intergovernmental
932Relations or its successor entity and post a copy of the report
933on the county's website.
934     (5)(a)  By January 15, 2011, and annually thereafter, each
935county shall report to the Office of Economic and Demographic
936Research Legislative Committee on Intergovernmental Relations or
937its successor entity the economic development incentives in
938excess of $25,000 given to any business during the county's
939previous fiscal year. The Office of Economic and Demographic
940Research Legislative Committee on Intergovernmental Relations or
941its successor entity shall compile the information from the
942counties into a report and provide the report to the Department
943of Economic Opportunity Office of Tourism, Trade, and Economic
944Development. Economic development incentives include:
945     1.  Direct financial incentives of monetary assistance
946provided to a business from the county or through an
947organization authorized by the county. Such incentives include,
948but are not limited to, grants, loans, equity investments, loan
949insurance and guarantees, and training subsidies.
950     2.  Indirect incentives in the form of grants and loans
951provided to businesses and community organizations that provide
952support to businesses or promote business investment or
953development.
954     3.  Fee-based or tax-based incentives, including, but not
955limited to, credits, refunds, exemptions, and property tax
956abatement or assessment reductions.
957     4.  Below-market rate leases or deeds for real property.
958     (b)  A county shall report its economic development
959incentives in the format specified by the Office of Economic and
960Demographic Research Legislative Committee on Intergovernmental
961Relations or its successor entity.
962     (c)  The Office of Economic and Demographic Research
963Legislative Committee on Intergovernmental Relations or its
964successor entity shall compile the economic development
965incentives provided by each county in a manner that shows the
966total of each class of economic development incentives provided
967by each county and all counties.
968     Section 14.  Subsection (11) of section 159.803, Florida
969Statutes, is amended to read:
970     159.803  Definitions.-As used in this part, the term:
971     (11)  "Florida First Business project" means any project
972which is certified by the Governor, through the Department of
973Economic Opportunity, Office of Tourism, Trade, and Economic
974Development as eligible to receive an allocation from the
975Florida First Business allocation pool established pursuant to
976s. 159.8083. The Governor Office of Tourism, Trade, and Economic
977Development may certify those projects meeting the criteria set
978forth in s. 288.106(4)(b) or any project providing a substantial
979economic benefit to this state.
980     Section 15.  Paragraph (a) of subsection (2) of section
981159.8081, Florida Statutes, is amended to read:
982     159.8081  Manufacturing facility bond pool.-
983     (2)(a)  The first 75 percent of this pool shall be
984available on a first come, first served basis, except that 15
985percent of the state volume limitation allocated to this pool
986shall be available as provided in paragraph (b). Before Prior to
987issuing any written confirmations for the remaining 25 percent
988of this pool, the director shall forward all notices of intent
989to issue which are received by the division for manufacturing
990facility projects to the Department of Economic Opportunity
991Office of Tourism, Trade, and Economic Development. The Governor
992Office of Tourism, Trade, and Economic Development and the
993Department of Community Affairs shall decide, after receipt of
994the notices of intent to issue, which notices shall will receive
995written confirmations. The Department of Economic Opportunity
996shall communicate the Governor's Such decision shall be
997communicated in writing by the Office of Tourism, Trade, and
998Economic Development to the director within 10 days after of
999receipt of such notices of intent to issue. The Department of
1000Economic Opportunity Office of Tourism, Trade, and Economic
1001Development, in consultation with the Department of Community
1002Affairs, may adopt develop rules to ensure that allocation of
1003the remaining 25 percent is consistent with the state's economic
1004development policy.
1005     Section 16.  Section 159.8083, Florida Statutes, is amended
1006to read:
1007     159.8083  Florida First Business allocation pool.-The
1008Florida First Business allocation pool is hereby established.
1009The Florida First Business allocation pool shall be available
1010solely to provide written confirmation for private activity
1011bonds to finance Florida First Business projects certified by
1012the Governor, through the Department of Economic Opportunity,
1013Office of Tourism, Trade, and Economic Development as eligible
1014to receive a written confirmation. Allocations from such pool
1015shall be awarded statewide pursuant to procedures specified in
1016s. 159.805, except that the provisions of s. 159.805(2), (3),
1017and (6) do not apply. Florida First Business projects that are
1018eligible for a carryforward do shall not lose their allocation
1019pursuant to s. 159.809(3) on October 1, or pursuant to s.
1020159.809(4) on November 16, if they have applied for and have
1021been granted a carryforward by the division pursuant to s.
1022159.81(1). In issuing written confirmations of allocations for
1023Florida First Business projects, the division shall use the
1024Florida First Business allocation pool. If allocation is not
1025available from the Florida First Business allocation pool, the
1026division shall issue written confirmations of allocations for
1027Florida First Business projects pursuant to s. 159.806 or s.
1028159.807, in such order. For the purpose of determining priority
1029within a regional allocation pool or the state allocation pool,
1030notices of intent to issue bonds for Florida First Business
1031projects to be issued from a regional allocation pool or the
1032state allocation pool shall be considered to have been received
1033by the division at the time it is determined by the division
1034that the Florida First Business allocation pool is unavailable
1035to issue confirmation for such Florida First Business project.
1036If the total amount requested in notices of intent to issue
1037private activity bonds for Florida First Business projects
1038exceeds the total amount of the Florida First Business
1039allocation pool, the director shall forward all timely notices
1040of intent to issue, which are received by the division for such
1041projects, to the Governor, through the Department of Economic
1042Opportunity, Office of Tourism, Trade, and Economic Development
1043who which shall render a decision as to which notices of intent
1044to issue are to receive written confirmations. The Department of
1045Economic Opportunity Office of Tourism, Trade, and Economic
1046Development, in consultation with the division, shall adopt
1047develop rules to ensure that the allocation provided in such
1048pool is available solely to provide written confirmations for
1049private activity bonds to finance Florida First Business
1050projects and that such projects are feasible and financially
1051solvent.
1052     Section 17.  Subsection (3) of section 159.809, Florida
1053Statutes, is amended to read:
1054     159.809  Recapture of unused amounts.-
1055     (3)  On October 1 of each year, any portion of the
1056allocation made to the Florida First Business allocation pool
1057pursuant to s. 159.804(5), or subsection (1), or subsection (2),
1058which is eligible for carryforward pursuant to s. 146(f) of the
1059Code but which has not been certified for carryforward by the
1060Governor, through the Department of Economic Opportunity Office
1061of Tourism, Trade, and Economic Development, shall be returned
1062to the Florida First Business allocation pool.
1063     Section 18.  Subsection (1) of section 159.81, Florida
1064Statutes, is amended to read:
1065     159.81  Unused allocations; carryforwards.-
1066     (1)  The division shall, when requested, provide
1067carryforwards pursuant to s. 146(f) of the Code for written
1068confirmations for priority projects which qualify for a
1069carryforward pursuant to s. 146(f) of the Code, if such request
1070is accompanied by an opinion of bond counsel to that effect. In
1071addition, in the case of Florida First Business projects, the
1072division shall, when requested, grant requests for carryforward
1073only after receipt of a certification from the Governor, through
1074the Department of Economic Opportunity, Office of Tourism,
1075Trade, and Economic Development that the project has been
1076approved by the Governor, through the department, such office to
1077receive carryforward.
1078     Section 19.  Subsection (10) of section 163.3180, Florida
1079Statutes, is amended to read:
1080     163.3180  Concurrency.-
1081     (10)  Except in transportation concurrency exception areas,
1082with regard to roadway facilities on the Strategic Intermodal
1083System designated in accordance with s. 339.63, local
1084governments shall adopt the level-of-service standard
1085established by the Department of Transportation by rule.
1086However, if the Department of Economic Opportunity Office of
1087Tourism, Trade, and Economic Development concurs in writing with
1088the local government that the proposed development is for a
1089qualified job creation project under s. 288.0656 or s. 403.973,
1090the affected local government, after consulting with the
1091Department of Transportation, may provide for a waiver of
1092transportation concurrency for the project. For all other roads
1093on the State Highway System, local governments shall establish
1094an adequate level-of-service standard that need not be
1095consistent with any level-of-service standard established by the
1096Department of Transportation. In establishing adequate level-of-
1097service standards for any arterial roads, or collector roads as
1098appropriate, which traverse multiple jurisdictions, local
1099governments shall consider compatibility with the roadway
1100facility's adopted level-of-service standards in adjacent
1101jurisdictions. Each local government within a county shall use a
1102professionally accepted methodology for measuring impacts on
1103transportation facilities for the purposes of implementing its
1104concurrency management system. Counties are encouraged to
1105coordinate with adjacent counties, and local governments within
1106a county are encouraged to coordinate, for the purpose of using
1107common methodologies for measuring impacts on transportation
1108facilities for the purpose of implementing their concurrency
1109management systems.
1110     Section 20.  Paragraph (c) of subsection (1) of section
1111163.3187, Florida Statutes, is amended to read:
1112     163.3187  Amendment of adopted comprehensive plan.-
1113     (1)  Amendments to comprehensive plans adopted pursuant to
1114this part may be made not more than two times during any
1115calendar year, except:
1116     (c)  Any local government comprehensive plan amendments
1117directly related to proposed small scale development activities
1118may be approved without regard to statutory limits on the
1119frequency of consideration of amendments to the local
1120comprehensive plan. A small scale development amendment may be
1121adopted only under the following conditions:
1122     1.  The proposed amendment involves a use of 10 acres or
1123fewer and:
1124     a.  The cumulative annual effect of the acreage for all
1125small scale development amendments adopted by the local
1126government may shall not exceed:
1127     (I)  A maximum of 120 acres in a local government that
1128contains areas specifically designated in the local
1129comprehensive plan for urban infill, urban redevelopment, or
1130downtown revitalization as defined in s. 163.3164, urban infill
1131and redevelopment areas designated under s. 163.2517,
1132transportation concurrency exception areas approved pursuant to
1133s. 163.3180(5), or regional activity centers and urban central
1134business districts approved pursuant to s. 380.06(2)(e);
1135however, amendments under this paragraph may not be applied to
1136no more than 60 acres annually of property outside the
1137designated areas listed in this sub-sub-subparagraph. Amendments
1138adopted pursuant to paragraph (k) may shall not be counted
1139toward the acreage limitations for small scale amendments under
1140this paragraph.
1141     (II)  A maximum of 80 acres in a local government that does
1142not contain any of the designated areas set forth in sub-sub-
1143subparagraph (I).
1144     (III)  A maximum of 120 acres in a county established
1145pursuant to s. 9, Art. VIII of the State Constitution.
1146     b.  The proposed amendment does not involve the same
1147property granted a change within the previous prior 12 months.
1148     c.  The proposed amendment does not involve the same
1149owner's property within 200 feet of property granted a change
1150within the previous prior 12 months.
1151     d.  The proposed amendment does not involve a text change
1152to the goals, policies, and objectives of the local government's
1153comprehensive plan, but only proposes a land use change to the
1154future land use map for a site-specific small scale development
1155activity.
1156     e.  The property that is the subject of the proposed
1157amendment is not located within an area of critical state
1158concern, unless the project subject to the proposed amendment
1159involves the construction of affordable housing units meeting
1160the criteria of s. 420.0004(3), and is located within an area of
1161critical state concern designated by s. 380.0552 or by the
1162Administration Commission pursuant to s. 380.05(1). Such
1163amendment is not subject to the density limitations of sub-
1164subparagraph f., and shall be reviewed by the state land
1165planning agency for consistency with the principles for guiding
1166development applicable to the area of critical state concern
1167where the amendment is located and does shall not become
1168effective until a final order is issued under s. 380.05(6).
1169     f.  If the proposed amendment involves a residential land
1170use, the residential land use has a density of 10 units or less
1171per acre or the proposed future land use category allows a
1172maximum residential density of the same or less than the maximum
1173residential density allowable under the existing future land use
1174category, except that this limitation does not apply to small
1175scale amendments involving the construction of affordable
1176housing units meeting the criteria of s. 420.0004(3) on property
1177which will be the subject of a land use restriction agreement,
1178or small scale amendments described in sub-sub-subparagraph
1179a.(I) that are designated in the local comprehensive plan for
1180urban infill, urban redevelopment, or downtown revitalization as
1181defined in s. 163.3164, urban infill and redevelopment areas
1182designated under s. 163.2517, transportation concurrency
1183exception areas approved pursuant to s. 163.3180(5), or regional
1184activity centers and urban central business districts approved
1185pursuant to s. 380.06(2)(e).
1186     2.a.  A local government that proposes to consider a plan
1187amendment pursuant to this paragraph is not required to comply
1188with the procedures and public notice requirements of s.
1189163.3184(15)(c) for such plan amendments if the local government
1190complies with the provisions in s. 125.66(4)(a) for a county or
1191in s. 166.041(3)(c) for a municipality. If a request for a plan
1192amendment under this paragraph is initiated by other than the
1193local government, public notice is required.
1194     b.  The local government shall send copies of the notice
1195and amendment to the state land planning agency, the regional
1196planning council, and any other person or entity requesting a
1197copy. This information shall also include a statement
1198identifying any property subject to the amendment that is
1199located within a coastal high-hazard area as identified in the
1200local comprehensive plan.
1201     3.  Small scale development amendments adopted pursuant to
1202this paragraph require only one public hearing before the
1203governing board, which shall be an adoption hearing as described
1204in s. 163.3184(7), and are not subject to the requirements of s.
1205163.3184(3)-(6) unless the local government elects to have them
1206subject to those requirements.
1207     4.  If the small scale development amendment involves a
1208site within an area that is designated by the Governor as a
1209rural area of critical economic concern under s. 288.0656(7) for
1210the duration of such designation, the 10-acre limit listed in
1211subparagraph 1. shall be increased by 100 percent to 20 acres.
1212The local government approving the small scale plan amendment
1213shall certify to the Department of Economic Opportunity Office
1214of Tourism, Trade, and Economic Development that the plan
1215amendment furthers the economic objectives set forth in the
1216executive order issued under s. 288.0656(7), and the property
1217subject to the plan amendment shall undergo public review to
1218ensure that all concurrency requirements and federal, state, and
1219local environmental permit requirements are met.
1220     Section 21.  Paragraphs (d) and (e) of subsection (9) of
1221section 166.021, Florida Statutes, are amended to read:
1222     166.021  Powers.-
1223     (9)
1224     (d)  A contract between the governing body of a
1225municipality or other entity engaged in economic development
1226activities on behalf of the municipality and an economic
1227development agency must require the agency or entity receiving
1228municipal funds to submit a report to the governing body of the
1229municipality detailing how the municipal funds are spent and
1230detailing the results of the economic development agency's or
1231entity's efforts on behalf of the municipality. By January 15,
12322011, and annually thereafter, the municipality shall file a
1233copy of the report with the Office of Economic and Demographic
1234Research Legislative Committee on Intergovernmental Relations or
1235its successor entity and post a copy of the report on the
1236municipality's website.
1237     (e)1.  By January 15, 2011, and annually thereafter
1238therafter, each municipality having annual revenues or
1239expenditures greater than $250,000 shall report to the Office of
1240Economic Demographic Research Legislative Committee on
1241Intergovernmental Relations or its successor entity the economic
1242development incentives in excess of $25,000 given to any
1243business during the municipality's previous fiscal year. The
1244Office of Economic and Demographic Research Legislative
1245Committee on Intergovernmental Relations or its successor entity
1246shall compile the information from the municipalities into a
1247report and provide the report to the Department of Economic
1248Opportunity Office of Tourism, Trade, and Economic Development.
1249Economic development incentives include:
1250     a.  Direct financial incentives of monetary assistance
1251provided to a business from the municipality or through an
1252organization authorized by the municipality. Such incentives
1253include, but are not limited to, grants, loans, equity
1254investments, loan insurance and guarantees, and training
1255subsidies.
1256     b.  Indirect incentives in the form of grants and loans
1257provided to businesses and community organizations that provide
1258support to businesses or promote business investment or
1259development.
1260     c.  Fee-based or tax-based incentives, including, but not
1261limited to, credits, refunds, exemptions, and property tax
1262abatement or assessment reductions.
1263     d.  Below-market rate leases or deeds for real property.
1264     2.  A municipality shall report its economic development
1265incentives in the format specified by the Office of Economic and
1266Demographic Research Legislative Committee on Intergovernmental
1267Relations or its successor entity.
1268     3.  The Office of Economic and Demographic Research
1269Legislative Committee on Intergovernmental Relations or its
1270successor entity shall compile the economic development
1271incentives provided by each municipality in a manner that shows
1272the total of each class of economic development incentives
1273provided by each municipality and all municipalities.
1274     Section 22.  Paragraph (c) of subsection (4) of section
1275186.504, Florida Statutes, is amended to read:
1276     186.504  Regional planning councils; creation; membership.-
1277     (4)  In addition to voting members appointed pursuant to
1278paragraph (2)(c), the Governor shall appoint the following ex
1279officio nonvoting members to each regional planning council:
1280     (c)  A representative nominated by the Department of
1281Economic Opportunity Enterprise Florida, Inc., and the Office of
1282Tourism, Trade, and Economic Development.
1283
1284The Governor may also appoint ex officio nonvoting members
1285representing appropriate metropolitan planning organizations and
1286regional water supply authorities.
1287     Section 23.  Paragraphs (g), (h), (j), and (p) of
1288subsection (5) and paragraph (b) of subsection (15) of section
1289212.08, Florida Statutes, are amended to read:
1290     212.08  Sales, rental, use, consumption, distribution, and
1291storage tax; specified exemptions.-The sale at retail, the
1292rental, the use, the consumption, the distribution, and the
1293storage to be used or consumed in this state of the following
1294are hereby specifically exempt from the tax imposed by this
1295chapter.
1296     (5)  EXEMPTIONS; ACCOUNT OF USE.-
1297     (g)  Building materials used in the rehabilitation of real
1298property located in an enterprise zone.-
1299     1.  Building materials used in the rehabilitation of real
1300property located in an enterprise zone are exempt from the tax
1301imposed by this chapter upon an affirmative showing to the
1302satisfaction of the department that the items have been used for
1303the rehabilitation of real property located in an enterprise
1304zone. Except as provided in subparagraph 2., this exemption
1305inures to the owner, lessee, or lessor at the time the real
1306property is rehabilitated, but only through a refund of
1307previously paid taxes. To receive a refund pursuant to this
1308paragraph, the owner, lessee, or lessor of the rehabilitated
1309real property must file an application under oath with the
1310governing body or enterprise zone development agency having
1311jurisdiction over the enterprise zone where the business is
1312located, as applicable. A single application for a refund may be
1313submitted for multiple, contiguous parcels that were part of a
1314single parcel that was divided as part of the rehabilitation of
1315the property. All other requirements of this paragraph apply to
1316each parcel on an individual basis. The application must
1317include:
1318     a.  The name and address of the person claiming the refund.
1319     b.  An address and assessment roll parcel number of the
1320rehabilitated real property for which a refund of previously
1321paid taxes is being sought.
1322     c.  A description of the improvements made to accomplish
1323the rehabilitation of the real property.
1324     d.  A copy of a valid building permit issued by the county
1325or municipal building department for the rehabilitation of the
1326real property.
1327     e.  A sworn statement, under penalty of perjury, from the
1328general contractor licensed in this state with whom the
1329applicant contracted to make the improvements necessary to
1330rehabilitate the real property, which lists the building
1331materials used to rehabilitate the real property, the actual
1332cost of the building materials, and the amount of sales tax paid
1333in this state on the building materials. If a general contractor
1334was not used, the applicant, not a general contractor, shall
1335make the sworn statement required by this sub-subparagraph.
1336Copies of the invoices that evidence the purchase of the
1337building materials used in the rehabilitation and the payment of
1338sales tax on the building materials must be attached to the
1339sworn statement provided by the general contractor or by the
1340applicant. Unless the actual cost of building materials used in
1341the rehabilitation of real property and the payment of sales
1342taxes is documented by a general contractor or by the applicant
1343in this manner, the cost of the building materials is deemed to
1344be an amount equal to 40 percent of the increase in assessed
1345value for ad valorem tax purposes.
1346     f.  The identifying number assigned pursuant to s. 290.0065
1347to the enterprise zone in which the rehabilitated real property
1348is located.
1349     g.  A certification by the local building code inspector
1350that the improvements necessary to rehabilitate the real
1351property are substantially completed.
1352     h.  A statement of whether the business is a small business
1353as defined by s. 288.703(1).
1354     i.  If applicable, the name and address of each permanent
1355employee of the business, including, for each employee who is a
1356resident of an enterprise zone, the identifying number assigned
1357pursuant to s. 290.0065 to the enterprise zone in which the
1358employee resides.
1359     2.  This exemption inures to a municipality, county, other
1360governmental unit or agency, or nonprofit community-based
1361organization through a refund of previously paid taxes if the
1362building materials used in the rehabilitation are paid for from
1363the funds of a community development block grant, State Housing
1364Initiatives Partnership Program, or similar grant or loan
1365program. To receive a refund, a municipality, county, other
1366governmental unit or agency, or nonprofit community-based
1367organization must file an application that includes the same
1368information required in subparagraph 1. In addition, the
1369application must include a sworn statement signed by the chief
1370executive officer of the municipality, county, other
1371governmental unit or agency, or nonprofit community-based
1372organization seeking a refund which states that the building
1373materials for which a refund is sought were funded by a
1374community development block grant, State Housing Initiatives
1375Partnership Program, or similar grant or loan program.
1376     3.  Within 10 working days after receipt of an application,
1377the governing body or enterprise zone development agency shall
1378review the application to determine if it contains all the
1379information required by subparagraph 1. or subparagraph 2. and
1380meets the criteria set out in this paragraph. The governing body
1381or agency shall certify all applications that contain the
1382required information and are eligible to receive a refund. If
1383applicable, the governing body or agency shall also certify if
138420 percent of the employees of the business are residents of an
1385enterprise zone, excluding temporary and part-time employees.
1386The certification must be in writing, and a copy of the
1387certification shall be transmitted to the executive director of
1388the department. The applicant is responsible for forwarding a
1389certified application to the department within the time
1390specified in subparagraph 4.
1391     4.  An application for a refund must be submitted to the
1392department within 6 months after the rehabilitation of the
1393property is deemed to be substantially completed by the local
1394building code inspector or by November 1 after the rehabilitated
1395property is first subject to assessment.
1396     5.  Only one exemption through a refund of previously paid
1397taxes for the rehabilitation of real property is permitted for
1398any single parcel of property unless there is a change in
1399ownership, a new lessor, or a new lessee of the real property. A
1400refund may not be granted unless the amount to be refunded
1401exceeds $500. A refund may not exceed the lesser of 97 percent
1402of the Florida sales or use tax paid on the cost of the building
1403materials used in the rehabilitation of the real property as
1404determined pursuant to sub-subparagraph 1.e. or $5,000, or, if
1405at least 20 percent of the employees of the business are
1406residents of an enterprise zone, excluding temporary and part-
1407time employees, the amount of refund may not exceed the lesser
1408of 97 percent of the sales tax paid on the cost of the building
1409materials or $10,000. A refund shall be made within 30 days
1410after formal approval by the department of the application for
1411the refund.
1412     6.  The department shall adopt rules governing the manner
1413and form of refund applications and may establish guidelines as
1414to the requisites for an affirmative showing of qualification
1415for exemption under this paragraph.
1416     7.  The department shall deduct an amount equal to 10
1417percent of each refund granted under this paragraph from the
1418amount transferred into the Local Government Half-cent Sales Tax
1419Clearing Trust Fund pursuant to s. 212.20 for the county area in
1420which the rehabilitated real property is located and shall
1421transfer that amount to the General Revenue Fund.
1422     8.  For the purposes of the exemption provided in this
1423paragraph, the term:
1424     a.  "Building materials" means tangible personal property
1425that becomes a component part of improvements to real property.
1426     b.  "Real property" has the same meaning as provided in s.
1427192.001(12), except that the term does not include a condominium
1428parcel or condominium property as defined in s. 718.103.
1429     c.  "Rehabilitation of real property" means the
1430reconstruction, renovation, restoration, rehabilitation,
1431construction, or expansion of improvements to real property.
1432     d.  "Substantially completed" has the same meaning as
1433provided in s. 192.042(1).
1434     9.  This paragraph expires on the date specified in s.
1435290.016 for the expiration of the Florida Enterprise Zone Act.
1436     (h)  Business property used in an enterprise zone.-
1437     1.  Business property purchased for use by businesses
1438located in an enterprise zone which is subsequently used in an
1439enterprise zone shall be exempt from the tax imposed by this
1440chapter. This exemption inures to the business only through a
1441refund of previously paid taxes. A refund shall be authorized
1442upon an affirmative showing by the taxpayer to the satisfaction
1443of the department that the requirements of this paragraph have
1444been met.
1445     2.  To receive a refund, the business must file under oath
1446with the governing body or enterprise zone development agency
1447having jurisdiction over the enterprise zone where the business
1448is located, as applicable, an application which includes:
1449     a.  The name and address of the business claiming the
1450refund.
1451     b.  The identifying number assigned pursuant to s. 290.0065
1452to the enterprise zone in which the business is located.
1453     c.  A specific description of the property for which a
1454refund is sought, including its serial number or other permanent
1455identification number.
1456     d.  The location of the property.
1457     e.  The sales invoice or other proof of purchase of the
1458property, showing the amount of sales tax paid, the date of
1459purchase, and the name and address of the sales tax dealer from
1460whom the property was purchased.
1461     f.  Whether the business is a small business as defined by
1462s. 288.703(1).
1463     g.  If applicable, the name and address of each permanent
1464employee of the business, including, for each employee who is a
1465resident of an enterprise zone, the identifying number assigned
1466pursuant to s. 290.0065 to the enterprise zone in which the
1467employee resides.
1468     3.  Within 10 working days after receipt of an application,
1469the governing body or enterprise zone development agency shall
1470review the application to determine if it contains all the
1471information required pursuant to subparagraph 2. and meets the
1472criteria set out in this paragraph. The governing body or agency
1473shall certify all applications that contain the information
1474required pursuant to subparagraph 2. and meet the criteria set
1475out in this paragraph as eligible to receive a refund. If
1476applicable, the governing body or agency shall also certify if
147720 percent of the employees of the business are residents of an
1478enterprise zone, excluding temporary and part-time employees.
1479The certification shall be in writing, and a copy of the
1480certification shall be transmitted to the executive director of
1481the Department of Revenue. The business shall be responsible for
1482forwarding a certified application to the department within the
1483time specified in subparagraph 4.
1484     4.  An application for a refund pursuant to this paragraph
1485must be submitted to the department within 6 months after the
1486tax is due on the business property that is purchased.
1487     5.  The amount refunded on purchases of business property
1488under this paragraph shall be the lesser of 97 percent of the
1489sales tax paid on such business property or $5,000, or, if no
1490less than 20 percent of the employees of the business are
1491residents of an enterprise zone, excluding temporary and part-
1492time employees, the amount refunded on purchases of business
1493property under this paragraph shall be the lesser of 97 percent
1494of the sales tax paid on such business property or $10,000. A
1495refund approved pursuant to this paragraph shall be made within
149630 days after of formal approval by the department of the
1497application for the refund. A No refund may not shall be granted
1498under this paragraph unless the amount to be refunded exceeds
1499$100 in sales tax paid on purchases made within a 60-day time
1500period.
1501     6.  The department shall adopt rules governing the manner
1502and form of refund applications and may establish guidelines as
1503to the requisites for an affirmative showing of qualification
1504for exemption under this paragraph.
1505     7.  If the department determines that the business property
1506is used outside an enterprise zone within 3 years from the date
1507of purchase, the amount of taxes refunded to the business
1508purchasing such business property shall immediately be due and
1509payable to the department by the business, together with the
1510appropriate interest and penalty, computed from the date of
1511purchase, in the manner provided by this chapter.
1512Notwithstanding this subparagraph, business property used
1513exclusively in:
1514     a.  Licensed commercial fishing vessels,
1515     b.  Fishing guide boats, or
1516     c.  Ecotourism guide boats
1517
1518that leave and return to a fixed location within an area
1519designated under s. 379.2353, Florida Statutes 2010, are
1520eligible for the exemption provided under this paragraph if all
1521requirements of this paragraph are met. Such vessels and boats
1522must be owned by a business that is eligible to receive the
1523exemption provided under this paragraph. This exemption does not
1524apply to the purchase of a vessel or boat.
1525     8.  The department shall deduct an amount equal to 10
1526percent of each refund granted under the provisions of this
1527paragraph from the amount transferred into the Local Government
1528Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
1529for the county area in which the business property is located
1530and shall transfer that amount to the General Revenue Fund.
1531     9.  For the purposes of this exemption, "business property"
1532means new or used property defined as "recovery property" in s.
1533168(c) of the Internal Revenue Code of 1954, as amended, except:
1534     a.  Property classified as 3-year property under s.
1535168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
1536     b.  Industrial machinery and equipment as defined in sub-
1537subparagraph (b)6.a. and eligible for exemption under paragraph
1538(b);
1539     c.  Building materials as defined in sub-subparagraph
1540(g)8.a.; and
1541     d.  Business property having a sales price of under $5,000
1542per unit.
1543     10.  This paragraph expires on the date specified in s.
1544290.016 for the expiration of the Florida Enterprise Zone Act.
1545     (j)  Machinery and equipment used in semiconductor,
1546defense, or space technology production.-
1547     1.a.  Industrial machinery and equipment used in
1548semiconductor technology facilities certified under subparagraph
15495. to manufacture, process, compound, or produce semiconductor
1550technology products for sale or for use by these facilities are
1551exempt from the tax imposed by this chapter. For purposes of
1552this paragraph, industrial machinery and equipment includes
1553molds, dies, machine tooling, other appurtenances or accessories
1554to machinery and equipment, testing equipment, test beds,
1555computers, and software, whether purchased or self-fabricated,
1556and, if self-fabricated, includes materials and labor for
1557design, fabrication, and assembly.
1558     b.  Industrial machinery and equipment used in defense or
1559space technology facilities certified under subparagraph 5. to
1560design, manufacture, assemble, process, compound, or produce
1561defense technology products or space technology products for
1562sale or for use by these facilities are exempt from the tax
1563imposed by this chapter.
1564     2.  Building materials purchased for use in manufacturing
1565or expanding clean rooms in semiconductor-manufacturing
1566facilities are exempt from the tax imposed by this chapter.
1567     3.  In addition to meeting the criteria mandated by
1568subparagraph 1. or subparagraph 2., a business must be certified
1569by the Governor, through the Department of Economic Opportunity,
1570Office of Tourism, Trade, and Economic Development in order to
1571qualify for exemption under this paragraph.
1572     4.  For items purchased tax-exempt pursuant to this
1573paragraph, possession of a written certification from the
1574purchaser, certifying the purchaser's entitlement to the
1575exemption, relieves the seller of the responsibility of
1576collecting the tax on the sale of such items, and the department
1577shall look solely to the purchaser for recovery of the tax if it
1578determines that the purchaser was not entitled to the exemption.
1579     5.a.  To be eligible to receive the exemption provided by
1580subparagraph 1. or subparagraph 2., a qualifying business entity
1581shall initially apply to Enterprise Florida, Inc. The original
1582certification is valid for a period of 2 years. In lieu of
1583submitting a new application, the original certification may be
1584renewed biennially by submitting to the Department of Economic
1585Opportunity Office of Tourism, Trade, and Economic Development a
1586statement, certified under oath, that there has not been a no
1587material change in the conditions or circumstances entitling the
1588business entity to the original certification. The initial
1589application and the certification renewal statement shall be
1590developed by the Department of Economic Opportunity Office of
1591Tourism, Trade, and Economic Development in consultation with
1592Enterprise Florida, Inc.
1593     b.  The Department of Economic Opportunity Enterprise
1594Florida, Inc., shall review each submitted initial application
1595and determine whether or not the application is complete within
15965 working days. Once complete, the Department of Economic
1597Opportunity Enterprise Florida, Inc., shall, within 10 working
1598days, evaluate the application and recommend approval or
1599disapproval to the Governor Office of Tourism, Trade, and
1600Economic Development.
1601     c.  Upon receipt of the initial application and
1602recommendation from the Department of Economic Opportunity
1603Enterprise Florida, Inc., or upon receipt of a certification
1604renewal statement, the Governor, through the Department of
1605Economic Opportunity, Office of Tourism, Trade, and Economic
1606Development shall certify within 5 working days those applicants
1607who are found to meet the requirements of this section and
1608notify the applicant, Enterprise Florida, Inc., and the
1609department of the original certification or certification
1610renewal. If the Department of Economic Opportunity Office of
1611Tourism, Trade, and Economic Development finds that the
1612applicant does not meet the requirements, it shall notify the
1613applicant and Enterprise Florida, Inc., within 10 working days
1614that the application for certification has been denied and the
1615reasons for denial. The Governor Office of Tourism, Trade, and
1616Economic Development has final approval authority for
1617certification under this section.
1618     d.  The initial application and certification renewal
1619statement must indicate, for program evaluation purposes only,
1620the average number of full-time equivalent employees at the
1621facility over the preceding calendar year, the average wage and
1622benefits paid to those employees over the preceding calendar
1623year, the total investment made in real and tangible personal
1624property over the preceding calendar year, and the total value
1625of tax-exempt purchases and taxes exempted during the previous
1626year. The department shall assist the Department of Economic
1627Opportunity Office of Tourism, Trade, and Economic Development
1628in evaluating and verifying information provided in the
1629application for exemption.
1630     e.  The Department of Economic Opportunity Office of
1631Tourism, Trade, and Economic Development may use the information
1632reported on the initial application and certification renewal
1633statement for evaluation purposes only.
1634     6.  A business certified to receive this exemption may
1635elect to designate one or more state universities or community
1636colleges as recipients of up to 100 percent of the amount of the
1637exemption. To receive these funds, the institution must agree to
1638match the funds with equivalent cash, programs, services, or
1639other in-kind support on a one-to-one basis for research and
1640development projects requested by the certified business. The
1641rights to any patents, royalties, or real or intellectual
1642property must be vested in the business unless otherwise agreed
1643to by the business and the university or community college.
1644     7.  As used in this paragraph, the term:
1645     a.  "Semiconductor technology products" means raw
1646semiconductor wafers or semiconductor thin films that are
1647transformed into semiconductor memory or logic wafers, including
1648wafers containing mixed memory and logic circuits; related
1649assembly and test operations; active-matrix flat panel displays;
1650semiconductor chips; semiconductor lasers; optoelectronic
1651elements; and related semiconductor technology products as
1652determined by the Department of Economic Opportunity Office of
1653Tourism, Trade, and Economic Development.
1654     b.  "Clean rooms" means manufacturing facilities enclosed
1655in a manner that meets the clean manufacturing requirements
1656necessary for high-technology semiconductor-manufacturing
1657environments.
1658     c.  "Defense technology products" means products that have
1659a military application, including, but not limited to, weapons,
1660weapons systems, guidance systems, surveillance systems,
1661communications or information systems, munitions, aircraft,
1662vessels, or boats, or components thereof, which are intended for
1663military use and manufactured in performance of a contract with
1664the United States Department of Defense or the military branch
1665of a recognized foreign government or a subcontract thereunder
1666which relates to matters of national defense.
1667     d.  "Space technology products" means products that are
1668specifically designed or manufactured for application in space
1669activities, including, but not limited to, space launch
1670vehicles, space flight vehicles, missiles, satellites or
1671research payloads, avionics, and associated control systems and
1672processing systems and components of any of the foregoing. The
1673term does not include products that are designed or manufactured
1674for general commercial aviation or other uses even though those
1675products may also serve an incidental use in space applications.
1676     (p)  Community contribution tax credit for donations.-
1677     1.  Authorization.-Persons who are registered with the
1678department under s. 212.18 to collect or remit sales or use tax
1679and who make donations to eligible sponsors are eligible for tax
1680credits against their state sales and use tax liabilities as
1681provided in this paragraph:
1682     a.  The credit shall be computed as 50 percent of the
1683person's approved annual community contribution.
1684     b.  The credit shall be granted as a refund against state
1685sales and use taxes reported on returns and remitted in the 12
1686months preceding the date of application to the department for
1687the credit as required in sub-subparagraph 3.c. If the annual
1688credit is not fully used through such refund because of
1689insufficient tax payments during the applicable 12-month period,
1690the unused amount may be included in an application for a refund
1691made pursuant to sub-subparagraph 3.c. in subsequent years
1692against the total tax payments made for such year. Carryover
1693credits may be applied for a 3-year period without regard to any
1694time limitation that would otherwise apply under s. 215.26.
1695     c.  A person may not receive more than $200,000 in annual
1696tax credits for all approved community contributions made in any
1697one year.
1698     d.  All proposals for the granting of the tax credit
1699require the prior approval of the Governor, through the
1700Department of Economic Opportunity Office of Tourism, Trade, and
1701Economic Development.
1702     e.  The total amount of tax credits which may be granted
1703for all programs approved under this paragraph, s. 220.183, and
1704s. 624.5105 is $10.5 million annually for projects that provide
1705homeownership opportunities for low-income or very-low-income
1706households as defined in s. 420.9071(19) and (28) and $3.5
1707million annually for all other projects.
1708     f.  A person who is eligible to receive the credit provided
1709for in this paragraph, s. 220.183, or s. 624.5105 may receive
1710the credit only under the one section of the person's choice.
1711     2.  Eligibility requirements.-
1712     a.  A community contribution by a person must be in the
1713following form:
1714     (I)  Cash or other liquid assets;
1715     (II)  Real property;
1716     (III)  Goods or inventory; or
1717     (IV)  Other physical resources as identified by the
1718Department of Economic Opportunity Office of Tourism, Trade, and
1719Economic Development.
1720     b.  All community contributions must be reserved
1721exclusively for use in a project. As used in this sub-
1722subparagraph, the term "project" means any activity undertaken
1723by an eligible sponsor which is designed to construct, improve,
1724or substantially rehabilitate housing that is affordable to low-
1725income or very-low-income households as defined in s.
1726420.9071(19) and (28); designed to provide commercial,
1727industrial, or public resources and facilities; or designed to
1728improve entrepreneurial and job-development opportunities for
1729low-income persons. A project may be the investment necessary to
1730increase access to high-speed broadband capability in rural
1731communities with enterprise zones, including projects that
1732result in improvements to communications assets that are owned
1733by a business. A project may include the provision of museum
1734educational programs and materials that are directly related to
1735any project approved between January 1, 1996, and December 31,
17361999, and located in an enterprise zone designated pursuant to
1737s. 290.0065. This paragraph does not preclude projects that
1738propose to construct or rehabilitate housing for low-income or
1739very-low-income households on scattered sites. With respect to
1740housing, contributions may be used to pay the following eligible
1741low-income and very-low-income housing-related activities:
1742     (I)  Project development impact and management fees for
1743low-income or very-low-income housing projects;
1744     (II)  Down payment and closing costs for eligible persons,
1745as defined in s. 420.9071(19) and (28);
1746     (III)  Administrative costs, including housing counseling
1747and marketing fees, not to exceed 10 percent of the community
1748contribution, directly related to low-income or very-low-income
1749projects; and
1750     (IV)  Removal of liens recorded against residential
1751property by municipal, county, or special district local
1752governments when satisfaction of the lien is a necessary
1753precedent to the transfer of the property to an eligible person,
1754as defined in s. 420.9071(19) and (28), for the purpose of
1755promoting home ownership. Contributions for lien removal must be
1756received from a nonrelated third party.
1757     c.  The project must be undertaken by an "eligible
1758sponsor," which includes:
1759     (I)  A community action program;
1760     (II)  A nonprofit community-based development organization
1761whose mission is the provision of housing for low-income or
1762very-low-income households or increasing entrepreneurial and
1763job-development opportunities for low-income persons;
1764     (III)  A neighborhood housing services corporation;
1765     (IV)  A local housing authority created under chapter 421;
1766     (V)  A community redevelopment agency created under s.
1767163.356;
1768     (VI)  The Florida Industrial Development Corporation;
1769     (VII)  A historic preservation district agency or
1770organization;
1771     (VIII)  A regional workforce board;
1772     (IX)  A direct-support organization as provided in s.
17731009.983;
1774     (X)  An enterprise zone development agency created under s.
1775290.0056;
1776     (XI)  A community-based organization incorporated under
1777chapter 617 which is recognized as educational, charitable, or
1778scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
1779and whose bylaws and articles of incorporation include
1780affordable housing, economic development, or community
1781development as the primary mission of the corporation;
1782     (XII)  Units of local government;
1783     (XIII)  Units of state government; or
1784     (XIV)  Any other agency that the Department of Economic
1785Opportunity Office of Tourism, Trade, and Economic Development
1786designates by rule.
1787
1788In no event may a contributing person have a financial interest
1789in the eligible sponsor.
1790     d.  The project must be located in an area designated an
1791enterprise zone or a Front Porch Florida Community pursuant to
1792s. 20.18(6), unless the project increases access to high-speed
1793broadband capability for rural communities with enterprise zones
1794but is physically located outside the designated rural zone
1795boundaries. Any project designed to construct or rehabilitate
1796housing for low-income or very-low-income households as defined
1797in s. 420.9071(19) and (28) is exempt from the area requirement
1798of this sub-subparagraph.
1799     e.(I)  If, during the first 10 business days of the state
1800fiscal year, eligible tax credit applications for projects that
1801provide homeownership opportunities for low-income or very-low-
1802income households as defined in s. 420.9071(19) and (28) are
1803received for less than the annual tax credits available for
1804those projects, the Governor, through the Department of Economic
1805Opportunity, Office of Tourism, Trade, and Economic Development
1806shall grant tax credits for those applications and shall grant
1807remaining tax credits on a first-come, first-served basis for
1808any subsequent eligible applications received before the end of
1809the state fiscal year. If, during the first 10 business days of
1810the state fiscal year, eligible tax credit applications for
1811projects that provide homeownership opportunities for low-income
1812or very-low-income households as defined in s. 420.9071(19) and
1813(28) are received for more than the annual tax credits available
1814for those projects, the Governor, through the Department of
1815Economic Opportunity, office shall grant the tax credits for
1816those applications as follows:
1817     (A)  If tax credit applications submitted for approved
1818projects of an eligible sponsor do not exceed $200,000 in total,
1819the credits shall be granted in full if the tax credit
1820applications are approved.
1821     (B)  If tax credit applications submitted for approved
1822projects of an eligible sponsor exceed $200,000 in total, the
1823amount of tax credits granted pursuant to sub-sub-sub-
1824subparagraph (A) shall be subtracted from the amount of
1825available tax credits, and the remaining credits shall be
1826granted to each approved tax credit application on a pro rata
1827basis.
1828     (II)  If, during the first 10 business days of the state
1829fiscal year, eligible tax credit applications for projects other
1830than those that provide homeownership opportunities for low-
1831income or very-low-income households as defined in s.
1832420.9071(19) and (28) are received for less than the annual tax
1833credits available for those projects, the Governor, through the
1834Department of Economic Opportunity, office shall grant tax
1835credits for those applications and shall grant remaining tax
1836credits on a first-come, first-served basis for any subsequent
1837eligible applications received before the end of the state
1838fiscal year. If, during the first 10 business days of the state
1839fiscal year, eligible tax credit applications for projects other
1840than those that provide homeownership opportunities for low-
1841income or very-low-income households as defined in s.
1842420.9071(19) and (28) are received for more than the annual tax
1843credits available for those projects, the Department of Economic
1844Opportunity office shall grant the tax credits for those
1845applications on a pro rata basis.
1846     3.  Application requirements.-
1847     a.  Any eligible sponsor seeking to participate in this
1848program must submit a proposal to the Department of Economic
1849Opportunity Office of Tourism, Trade, and Economic Development
1850which sets forth the name of the sponsor, a description of the
1851project, and the area in which the project is located, together
1852with such supporting information as is prescribed by rule. The
1853proposal must also contain a resolution from the local
1854governmental unit in which the project is located certifying
1855that the project is consistent with local plans and regulations.
1856     b.  Any person seeking to participate in this program must
1857submit an application for tax credit to the Department of
1858Economic Opportunity office which sets forth the name of the
1859sponsor, a description of the project, and the type, value, and
1860purpose of the contribution. The sponsor shall verify the terms
1861of the application and indicate its receipt of the contribution,
1862which verification must be in writing and accompany the
1863application for tax credit. The person must submit a separate
1864tax credit application to the Department of Economic Opportunity
1865office for each individual contribution that it makes to each
1866individual project.
1867     c.  Any person who has received notification from the
1868Governor, through the Department of Economic Opportunity, office
1869that a tax credit has been approved must apply to the department
1870to receive the refund. Application must be made on the form
1871prescribed for claiming refunds of sales and use taxes and be
1872accompanied by a copy of the notification. A person may submit
1873only one application for refund to the department within any 12-
1874month period.
1875     4.  Administration.-
1876     a.  The Department of Economic Opportunity Office of
1877Tourism, Trade, and Economic Development may adopt rules
1878pursuant to ss. 120.536(1) and 120.54 necessary to administer
1879this paragraph, including rules for the approval or disapproval
1880of proposals by a person.
1881     b.  The decision of the Governor, through the Department of
1882Economic Opportunity, office must be in writing, and, if
1883approved, the notification shall state the maximum credit
1884allowable to the person. Upon approval, the Department of
1885Economic Opportunity office shall transmit a copy of the
1886decision to the Department of Revenue.
1887     c.  The Department of Economic Opportunity office shall
1888periodically monitor all projects in a manner consistent with
1889available resources to ensure that resources are used in
1890accordance with this paragraph; however, each project must be
1891reviewed at least once every 2 years.
1892     d.  The Department of Economic Opportunity office shall, in
1893consultation with the Department of Community Affairs and the
1894statewide and regional housing and financial intermediaries,
1895market the availability of the community contribution tax credit
1896program to community-based organizations.
1897     5.  Expiration.-This paragraph expires June 30, 2015;
1898however, any accrued credit carryover that is unused on that
1899date may be used until the expiration of the 3-year carryover
1900period for such credit.
1901     (15)  ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE.-
1902     (b)  To receive this exemption, a business must file an
1903application, with the enterprise zone development agency having
1904jurisdiction over the enterprise zone where the business is
1905located, on a form provided by the department for the purposes
1906of this subsection and s. 166.231(8). The application shall be
1907made under oath and shall include:
1908     1.  The name and location of the business.
1909     2.  The identifying number assigned pursuant to s. 290.0065
1910to the enterprise zone in which the business is located.
1911     3.  The date on which electrical service is to be first
1912initiated to the business.
1913     4.  The name and mailing address of the entity from which
1914electrical energy is to be purchased.
1915     5.  The date of the application.
1916     6.  The name of the city in which the business is located.
1917     7.  If applicable, the name and address of each permanent
1918employee of the business including, for each employee who is a
1919resident of an enterprise zone, the identifying number assigned
1920pursuant to s. 290.0065 to the enterprise zone in which the
1921employee resides.
1922     8.  Whether the business is a small business as defined by
1923s. 288.703(1).
1924     Section 24.  Paragraph (b) of subsection (2) of section
1925212.096, Florida Statutes, is amended to read:
1926     212.096  Sales, rental, storage, use tax; enterprise zone
1927jobs credit against sales tax.-
1928     (2)
1929     (b)  The credit shall be computed as 20 percent of the
1930actual monthly wages paid in this state to each new employee
1931hired when a new job has been created, unless the business is
1932located within a rural enterprise zone pursuant to s.
1933290.004(6), in which case the credit shall be 30 percent of the
1934actual monthly wages paid. If no less than 20 percent of the
1935employees of the business are residents of an enterprise zone,
1936excluding temporary and part-time employees, the credit shall be
1937computed as 30 percent of the actual monthly wages paid in this
1938state to each new employee hired when a new job has been
1939created, unless the business is located within a rural
1940enterprise zone, in which case the credit shall be 45 percent of
1941the actual monthly wages paid. If the new employee hired when a
1942new job is created is a participant in the welfare transition
1943program, the following credit shall be a percent of the actual
1944monthly wages paid: 40 percent for $4 above the hourly federal
1945minimum wage rate; 41 percent for $5 above the hourly federal
1946minimum wage rate; 42 percent for $6 above the hourly federal
1947minimum wage rate; 43 percent for $7 above the hourly federal
1948minimum wage rate; and 44 percent for $8 above the hourly
1949federal minimum wage rate. For purposes of this paragraph,
1950monthly wages shall be computed as one-twelfth of the expected
1951annual wages paid to such employee. The amount paid as wages to
1952a new employee is the compensation paid to such employee that is
1953subject to unemployment tax. The credit shall be allowed for up
1954to 24 consecutive months, beginning with the first tax return
1955due pursuant to s. 212.11 after approval by the department.
1956     Section 25.  Paragraphs (a) and (e) of subsection (1) and
1957subsections (4), (6), (7), (10), (11), and (16) of section
1958212.097, Florida Statutes, are amended to read:
1959     212.097  Urban High-Crime Area Job Tax Credit Program.-
1960     (1)  As used in this section, the term:
1961     (a)  "Eligible business" means any sole proprietorship,
1962firm, partnership, or corporation that is located in a qualified
1963county and is predominantly engaged in, or is headquarters for a
1964business predominantly engaged in, activities usually provided
1965for consideration by firms classified within the following
1966standard industrial classifications: SIC 01-SIC 09 (agriculture,
1967forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 52-
1968SIC 57 and SIC 59 (retail); SIC 422 (public warehousing and
1969storage); SIC 70 (hotels and other lodging places); SIC 7391
1970(research and development); SIC 781 (motion picture production
1971and allied services); SIC 7992 (public golf courses); and SIC
19727996 (amusement parks). A call center or similar customer
1973service operation that services a multistate market or
1974international market is also an eligible business. In addition,
1975the Department of Economic Opportunity Office of Tourism, Trade,
1976and Economic Development may, as part of its final budget
1977request submitted pursuant to s. 216.023, recommend additions to
1978or deletions from the list of standard industrial
1979classifications used to determine an eligible business, and the
1980Legislature may implement such recommendations. Excluded from
1981eligible receipts are receipts from retail sales, except such
1982receipts for SIC 52-SIC 57 and SIC 59 (retail) hotels and other
1983lodging places classified in SIC 70, public golf courses in SIC
19847992, and amusement parks in SIC 7996. For purposes of this
1985paragraph, the term "predominantly" means that more than 50
1986percent of the business's gross receipts from all sources is
1987generated by those activities usually provided for consideration
1988by firms in the specified standard industrial classification.
1989The determination of whether the business is located in a
1990qualified high-crime area and the tier ranking of that area must
1991be based on the date of application for the credit under this
1992section. Commonly owned and controlled entities are to be
1993considered a single business entity.
1994     (e)  "Qualified high-crime area" means an area selected by
1995the Department of Economic Opportunity Office of Tourism, Trade,
1996and Economic Development in the following manner: every third
1997year, the Department of Economic Opportunity Office shall rank
1998and tier those areas nominated under subsection (7), according
1999to the following prioritized criteria:
2000     1.  Highest arrest rates within the geographic area for
2001violent crime and for such other crimes as drug sale, drug
2002possession, prostitution, vandalism, and civil disturbances;
2003     2.  Highest reported crime volume and rate of specific
2004property crimes such as business and residential burglary, motor
2005vehicle theft, and vandalism;
2006     3.  Highest percentage of reported index crimes that are
2007violent in nature;
2008     4.  Highest overall index crime volume for the area; and
2009     5.  Highest overall index crime rate for the geographic
2010area.
2011
2012Tier-one areas are ranked 1 through 5 and represent the highest
2013crime areas according to this ranking. Tier-two areas are ranked
20146 through 10 according to this ranking. Tier-three areas are
2015ranked 11 through 15. Notwithstanding this definition,
2016"qualified high-crime area" also means an area that has been
2017designated as a federal Empowerment Zone pursuant to the
2018Taxpayer Relief Act of 1997. Such a designated area is ranked in
2019tier three until the areas are reevaluated by the Department of
2020Economic Opportunity Office of Tourism, Trade, and Economic
2021Development.
2022     (4)  For any new eligible business receiving a credit
2023pursuant to subsection (2), an additional $500 credit shall be
2024provided for any qualified employee who is a welfare transition
2025program participant. For any existing eligible business
2026receiving a credit pursuant to subsection (3), an additional
2027$500 credit shall be provided for any qualified employee who is
2028a welfare transition program participant. Such employee must be
2029employed on the application date and have been employed less
2030than 1 year. This credit shall be in addition to other credits
2031pursuant to this section regardless of the tier-level of the
2032high-crime area. Appropriate documentation concerning the
2033eligibility of an employee for this credit must be submitted as
2034determined by the Department of Revenue.
2035     (6)  Any county or municipality, or a county and one or
2036more municipalities together, may apply to the Department of
2037Economic Opportunity Office of Tourism, Trade, and Economic
2038Development for the designation of an area as a high-crime area
2039after the adoption by the governing body or bodies of a
2040resolution that:
2041     (a)  Finds that a high-crime area exists in such county or
2042municipality, or in both the county and one or more
2043municipalities, which chronically exhibits extreme and
2044unacceptable levels of poverty, unemployment, physical
2045deterioration, and economic disinvestment;
2046     (b)  Determines that the rehabilitation, conservation, or
2047redevelopment, or a combination thereof, of such a high-crime
2048area is necessary in the interest of the health, safety, and
2049welfare of the residents of such county or municipality, or such
2050county and one or more municipalities; and
2051     (c)  Determines that the revitalization of such a high-
2052crime area can occur if the public sector or private sector can
2053be induced to invest its own resources in productive enterprises
2054that build or rebuild the economic viability of the area.
2055     (7)  The governing body of the entity nominating the area
2056shall provide to the Department of Economic Opportunity Office
2057of Tourism, Trade, and Economic Development the following:
2058     (a)  The overall index crime rate for the geographic area;
2059     (b)  The overall index crime volume for the area;
2060     (c)  The percentage of reported index crimes that are
2061violent in nature;
2062     (d)  The reported crime volume and rate of specific
2063property crimes such as business and residential burglary, motor
2064vehicle theft, and vandalism; and
2065     (e)  The arrest rates within the geographic area for
2066violent crime and for such other crimes as drug sale, drug
2067possession, prostitution, disorderly conduct, vandalism, and
2068other public-order offenses.
2069     (10)(a)  In order to claim this credit, an eligible
2070business must file under oath with the Department of Economic
2071Opportunity Office of Tourism, Trade, and Economic Development a
2072statement that includes the name and address of the eligible
2073business and any other information that is required to process
2074the application.
2075     (b)  Applications shall be reviewed and certified pursuant
2076to s. 288.061.
2077     (c)  The maximum credit amount that may be approved during
2078any calendar year is $5 million, of which $1 million shall be
2079exclusively reserved for tier-one areas. The Department of
2080Revenue, in conjunction with the Department of Economic
2081Opportunity Office of Tourism, Trade, and Economic Development,
2082shall notify the governing bodies in areas designated as urban
2083high-crime areas when the $5 million maximum amount has been
2084reached. Applications must be considered for approval in the
2085order in which they are received without regard to whether the
2086credit is for a new or existing business. This limitation
2087applies to the value of the credit as contained in approved
2088applications. Approved credits may be taken in the time and
2089manner allowed pursuant to this section.
2090     (11)  If the application is insufficient to support the
2091credit authorized in this section, the Department of Economic
2092Opportunity Office of Tourism, Trade, and Economic Development
2093shall deny the credit and notify the business of that fact. The
2094business may reapply for this credit within 3 months after such
2095notification.
2096     (16)  The Department of Revenue shall adopt rules governing
2097the manner and form of applications for credit and may establish
2098guidelines concerning the requisites for an affirmative showing
2099of qualification for the credit under this section.
2100     Section 26.  Paragraphs (a) and (c) of subsection (1) and
2101subsections (6) and (7) of section 212.098, Florida Statutes,
2102are amended to read:
2103     212.098  Rural Job Tax Credit Program.-
2104     (1)  As used in this section, the term:
2105     (a)  "Eligible business" means any sole proprietorship,
2106firm, partnership, or corporation that is located in a qualified
2107county and is predominantly engaged in, or is headquarters for a
2108business predominantly engaged in, activities usually provided
2109for consideration by firms classified within the following
2110standard industrial classifications: SIC 01-SIC 09 (agriculture,
2111forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 422
2112(public warehousing and storage); SIC 70 (hotels and other
2113lodging places); SIC 7391 (research and development); SIC 781
2114(motion picture production and allied services); SIC 7992
2115(public golf courses); SIC 7996 (amusement parks); and a
2116targeted industry eligible for the qualified target industry
2117business tax refund under s. 288.106. A call center or similar
2118customer service operation that services a multistate market or
2119an international market is also an eligible business. In
2120addition, the Department of Economic Opportunity Office of
2121Tourism, Trade, and Economic Development may, as part of its
2122final budget request submitted pursuant to s. 216.023, recommend
2123additions to or deletions from the list of standard industrial
2124classifications used to determine an eligible business, and the
2125Legislature may implement such recommendations. Excluded from
2126eligible receipts are receipts from retail sales, except such
2127receipts for hotels and other lodging places classified in SIC
212870, public golf courses in SIC 7992, and amusement parks in SIC
21297996. For purposes of this paragraph, the term "predominantly"
2130means that more than 50 percent of the business's gross receipts
2131from all sources is generated by those activities usually
2132provided for consideration by firms in the specified standard
2133industrial classification. The determination of whether the
2134business is located in a qualified county and the tier ranking
2135of that county must be based on the date of application for the
2136credit under this section. Commonly owned and controlled
2137entities are to be considered a single business entity.
2138     (c)  "Qualified area" means any area that is contained
2139within a rural area of critical economic concern designated
2140under s. 288.0656, a county that has a population of fewer than
214175,000 persons, or a county that has a population of 125,000 or
2142less and is contiguous to a county that has a population of less
2143than 75,000, selected in the following manner: every third year,
2144the Department of Economic Opportunity Office of Tourism, Trade,
2145and Economic Development shall rank and tier the state's
2146counties according to the following four factors:
2147     1.  Highest unemployment rate for the most recent 36-month
2148period.
2149     2.  Lowest per capita income for the most recent 36-month
2150period.
2151     3.  Highest percentage of residents whose incomes are below
2152the poverty level, based upon the most recent data available.
2153     4.  Average weekly manufacturing wage, based upon the most
2154recent data available.
2155     (6)(a)  In order to claim this credit, an eligible business
2156must file under oath with the Department of Economic Opportunity
2157Office of Tourism, Trade, and Economic Development a statement
2158that includes the name and address of the eligible business, the
2159starting salary or hourly wages paid to the new employee, and
2160any other information that the Department of Revenue requires.
2161     (b)  Pursuant to the incentive review process under s.
2162288.061, the Department of Economic Opportunity Within 30
2163working days after receipt of an application for credit, the
2164Office of Tourism, Trade, and Economic Development shall review
2165the application to determine whether it contains all the
2166information required by this subsection and meets the criteria
2167set out in this section. Subject to the provisions of paragraph
2168(c), the Governor, through the Department of Economic
2169Opportunity, Office of Tourism, Trade, and Economic Development
2170shall approve all applications that contain the information
2171required by this subsection and meet the criteria set out in
2172this section as eligible to receive a credit.
2173     (c)  The maximum credit amount that may be approved during
2174any calendar year is $5 million. The Department of Revenue, in
2175conjunction with the Department of Economic Opportunity Office
2176of Tourism, Trade, and Economic Development, shall notify the
2177governing bodies in areas designated as qualified counties when
2178the $5 million maximum amount has been reached. Applications
2179must be considered for approval in the order in which they are
2180received without regard to whether the credit is for a new or
2181existing business. This limitation applies to the value of the
2182credit as contained in approved applications. Approved credits
2183may be taken in the time and manner allowed pursuant to this
2184section.
2185     (d)  A business may not receive more than $500,000 of tax
2186credits under this section during any one calendar year.
2187     (7)  If the application is insufficient to support the
2188credit authorized in this section, the Governor, through the
2189Department of Economic Opportunity, Office of Tourism, Trade,
2190and Economic Development shall deny the credit and notify the
2191business of that fact. The business may reapply for this credit
2192within 3 months after such notification.
2193     Section 27.  Paragraph (d) of subsection (6) of section
2194212.20, Florida Statutes, is amended to read:
2195     212.20  Funds collected, disposition; additional powers of
2196department; operational expense; refund of taxes adjudicated
2197unconstitutionally collected.-
2198     (6)  Distribution of all proceeds under this chapter and s.
2199202.18(1)(b) and (2)(b) shall be as follows:
2200     (d)  The proceeds of all other taxes and fees imposed
2201pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
2202and (2)(b) shall be distributed as follows:
2203     1.  In any fiscal year, the greater of $500 million, minus
2204an amount equal to 4.6 percent of the proceeds of the taxes
2205collected pursuant to chapter 201, or 5.2 percent of all other
2206taxes and fees imposed pursuant to this chapter or remitted
2207pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
2208monthly installments into the General Revenue Fund.
2209     2.  After the distribution under subparagraph 1., 8.814
2210percent of the amount remitted by a sales tax dealer located
2211within a participating county pursuant to s. 218.61 shall be
2212transferred into the Local Government Half-cent Sales Tax
2213Clearing Trust Fund. Beginning July 1, 2003, the amount to be
2214transferred shall be reduced by 0.1 percent, and the department
2215shall distribute this amount to the Public Employees Relations
2216Commission Trust Fund less $5,000 each month, which shall be
2217added to the amount calculated in subparagraph 3. and
2218distributed accordingly.
2219     3.  After the distribution under subparagraphs 1. and 2.,
22200.095 percent shall be transferred to the Local Government Half-
2221cent Sales Tax Clearing Trust Fund and distributed pursuant to
2222s. 218.65.
2223     4.  After the distributions under subparagraphs 1., 2., and
22243., 2.0440 percent of the available proceeds shall be
2225transferred monthly to the Revenue Sharing Trust Fund for
2226Counties pursuant to s. 218.215.
2227     5.  After the distributions under subparagraphs 1., 2., and
22283., 1.3409 percent of the available proceeds shall be
2229transferred monthly to the Revenue Sharing Trust Fund for
2230Municipalities pursuant to s. 218.215. If the total revenue to
2231be distributed pursuant to this subparagraph is at least as
2232great as the amount due from the Revenue Sharing Trust Fund for
2233Municipalities and the former Municipal Financial Assistance
2234Trust Fund in state fiscal year 1999-2000, no municipality shall
2235receive less than the amount due from the Revenue Sharing Trust
2236Fund for Municipalities and the former Municipal Financial
2237Assistance Trust Fund in state fiscal year 1999-2000. If the
2238total proceeds to be distributed are less than the amount
2239received in combination from the Revenue Sharing Trust Fund for
2240Municipalities and the former Municipal Financial Assistance
2241Trust Fund in state fiscal year 1999-2000, each municipality
2242shall receive an amount proportionate to the amount it was due
2243in state fiscal year 1999-2000.
2244     6.  Of the remaining proceeds:
2245     a.  In each fiscal year, the sum of $29,915,500 shall be
2246divided into as many equal parts as there are counties in the
2247state, and one part shall be distributed to each county. The
2248distribution among the several counties must begin each fiscal
2249year on or before January 5th and continue monthly for a total
2250of 4 months. If a local or special law required that any moneys
2251accruing to a county in fiscal year 1999-2000 under the then-
2252existing provisions of s. 550.135 be paid directly to the
2253district school board, special district, or a municipal
2254government, such payment must continue until the local or
2255special law is amended or repealed. The state covenants with
2256holders of bonds or other instruments of indebtedness issued by
2257local governments, special districts, or district school boards
2258before July 1, 2000, that it is not the intent of this
2259subparagraph to adversely affect the rights of those holders or
2260relieve local governments, special districts, or district school
2261boards of the duty to meet their obligations as a result of
2262previous pledges or assignments or trusts entered into which
2263obligated funds received from the distribution to county
2264governments under then-existing s. 550.135. This distribution
2265specifically is in lieu of funds distributed under s. 550.135
2266before July 1, 2000.
2267     b.  The department shall distribute $166,667 monthly
2268pursuant to s. 288.1162 to each applicant certified as a
2269facility for a new or retained professional sports franchise
2270pursuant to s. 288.1162. Up to $41,667 shall be distributed
2271monthly by the department to each certified applicant as defined
2272in s. 288.11621 for a facility for a spring training franchise.
2273However, not more than $416,670 may be distributed monthly in
2274the aggregate to all certified applicants for facilities for
2275spring training franchises. Distributions begin 60 days after
2276such certification and continue for not more than 30 years,
2277except as otherwise provided in s. 288.11621. A certified
2278applicant identified in this sub-subparagraph may not receive
2279more in distributions than expended by the applicant for the
2280public purposes provided for in s. 288.1162(5) or s.
2281288.11621(3).
2282     c.  Beginning 30 days after notice by the Department of
2283Economic Opportunity Office of Tourism, Trade, and Economic
2284Development to the Department of Revenue that an applicant has
2285been certified as the professional golf hall of fame pursuant to
2286s. 288.1168 and is open to the public, $166,667 shall be
2287distributed monthly, for up to 300 months, to the applicant.
2288     d.  Beginning 30 days after notice by the Department of
2289Economic Opportunity Office of Tourism, Trade, and Economic
2290Development to the Department of Revenue that the applicant has
2291been certified as the International Game Fish Association World
2292Center facility pursuant to s. 288.1169, and the facility is
2293open to the public, $83,333 shall be distributed monthly, for up
2294to 168 months, to the applicant. This distribution is subject to
2295reduction pursuant to s. 288.1169. A lump sum payment of
2296$999,996 shall be made, after certification and before July 1,
22972000.
2298     7.  All other proceeds must remain in the General Revenue
2299Fund.
2300     Section 28.  Paragraphs (k) and (bb) of subsection (8) and
2301subsection (19) of section 213.053, Florida Statutes, are
2302amended to read:
2303     213.053  Confidentiality and information sharing.-
2304     (8)  Notwithstanding any other provision of this section,
2305the department may provide:
2306     (k)1.  Payment information relative to chapters 199, 201,
2307202, 212, 220, 221, and 624 to the Department of Economic
2308Opportunity Office of Tourism, Trade, and Economic Development,
2309or its employees or agents that are identified in writing by the
2310Department of Economic Opportunity office to the department, in
2311the administration of the tax refund program for qualified
2312defense contractors and space flight business contractors
2313authorized by s. 288.1045 and the tax refund program for
2314qualified target industry businesses authorized by s. 288.106.
2315     2.  Information relative to tax credits taken by a business
2316under s. 220.191 and exemptions or tax refunds received by a
2317business under s. 212.08(5)(j) to the Department of Economic
2318Opportunity Office of Tourism, Trade, and Economic Development,
2319or its employees or agents that are identified in writing by the
2320Department of Economic Opportunity office to the department, in
2321the administration and evaluation of the capital investment tax
2322credit program authorized in s. 220.191 and the semiconductor,
2323defense, and space tax exemption program authorized in s.
2324212.08(5)(j).
2325     3.  Information relative to tax credits taken by a taxpayer
2326pursuant to the tax credit programs created in ss. 193.017;
2327212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
2328212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
2329220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
2330290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
2331550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
2332the Department of Economic Opportunity Office of Tourism, Trade,
2333and Economic Development, or its employees or agents that are
2334identified in writing by the Department of Economic Opportunity
2335office to the department, for use in the administration or
2336evaluation of such programs.
2337     (bb)  Information relative to tax credits taken under s.
2338288.1254 to the Office of Film and Entertainment and the
2339Department of Economic Opportunity Office of Tourism, Trade, and
2340Economic Development.
2341
2342Disclosure of information under this subsection shall be
2343pursuant to a written agreement between the executive director
2344and the agency. Such agencies, governmental or nongovernmental,
2345shall be bound by the same requirements of confidentiality as
2346the Department of Revenue. Breach of confidentiality is a
2347misdemeanor of the first degree, punishable as provided by s.
2348775.082 or s. 775.083.
2349     (19)  The department may disclose information relative to
2350tax credits taken by a taxpayer pursuant to s. 288.9916 to the
2351Department of Economic Opportunity Office of Tourism, Trade, and
2352Economic Development or its employees or agents. Such employees
2353must be identified in writing by the Department of Economic
2354Opportunity office to the department. All information disclosed
2355under this subsection is subject to the same requirements of
2356confidentiality and the same penalties for violation of the
2357requirements as the department.
2358     Section 29.  Paragraph (a) of subsection (3) of section
2359218.64, Florida Statutes, is amended to read:
2360     218.64  Local government half-cent sales tax; uses;
2361limitations.-
2362     (3)  Subject to ordinances enacted by the majority of the
2363members of the county governing authority and by the majority of
2364the members of the governing authorities of municipalities
2365representing at least 50 percent of the municipal population of
2366such county, counties may use up to $2 million annually of the
2367local government half-cent sales tax allocated to that county
2368for funding for any of the following applicants:
2369     (a)  A certified applicant as a facility for a new or
2370retained professional sports franchise under s. 288.1162 or a
2371certified applicant as defined in s. 288.11621 for a facility
2372for a spring training franchise. It is the Legislature's intent
2373that the provisions of s. 288.1162, including, but not limited
2374to, the evaluation process by the Department of Economic
2375Opportunity Office of Tourism, Trade, and Economic Development
2376except for the limitation on the number of certified applicants
2377or facilities as provided in that section and the restrictions
2378set forth in s. 288.1162(8), shall apply to an applicant's
2379facility to be funded by local government as provided in this
2380subsection.
2381     Section 30.  Paragraph (a) of subsection (1) and paragraph
2382(g) of subsection (2) of section 220.181, Florida Statutes, are
2383amended to read:
2384     220.181  Enterprise zone jobs credit.-
2385     (1)(a)  There shall be allowed a credit against the tax
2386imposed by this chapter to any business located in an enterprise
2387zone which demonstrates to the department that, on the date of
2388application, the total number of full-time jobs is greater than
2389the total was 12 months before prior to that date. The credit
2390shall be computed as 20 percent of the actual monthly wages paid
2391in this state to each new employee hired when a new job has been
2392created, as defined under s. 220.03(1)(ee), unless the business
2393is located in a rural enterprise zone, pursuant to s.
2394290.004(6), in which case the credit shall be 30 percent of the
2395actual monthly wages paid. If no less than 20 percent of the
2396employees of the business are residents of an enterprise zone,
2397excluding temporary and part-time employees, the credit shall be
2398computed as 30 percent of the actual monthly wages paid in this
2399state to each new employee hired when a new job has been
2400created, unless the business is located in a rural enterprise
2401zone, in which case the credit shall be 45 percent of the actual
2402monthly wages paid, for a period of up to 24 consecutive months.
2403If the new employee hired when a new job is created is a
2404participant in the welfare transition program, the following
2405credit shall be a percent of the actual monthly wages paid: 40
2406percent for $4 above the hourly federal minimum wage rate; 41
2407percent for $5 above the hourly federal minimum wage rate; 42
2408percent for $6 above the hourly federal minimum wage rate; 43
2409percent for $7 above the hourly federal minimum wage rate; and
241044 percent for $8 above the hourly federal minimum wage rate.
2411     (2)  When filing for an enterprise zone jobs credit, a
2412business must file under oath with the governing body or
2413enterprise zone development agency having jurisdiction over the
2414enterprise zone where the business is located, as applicable, a
2415statement which includes:
2416     (g)  Whether the business is a small business as defined by
2417s. 288.703(1).
2418     Section 31.  Subsection (13) of section 220.182, Florida
2419Statutes, is amended to read:
2420     220.182  Enterprise zone property tax credit.-
2421     (13)  When filing for an enterprise zone property tax
2422credit, a business shall indicate whether the business is a
2423small business as defined by s. 288.703(1).
2424     Section 32.  Paragraph (d) of subsection (1), paragraphs
2425(b), (c), and (d) of subsection (2), and subsections (3) and (4)
2426of section 220.183, Florida Statutes, are amended to read:
2427     220.183  Community contribution tax credit.-
2428     (1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
2429CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
2430SPENDING.-
2431     (d)  All proposals for the granting of the tax credit shall
2432require the prior approval of the Governor, through the
2433Department of Economic Opportunity, Office of Tourism, Trade,
2434and Economic Development.
2435     (2)  ELIGIBILITY REQUIREMENTS.-
2436     (b)1.  All community contributions must be reserved
2437exclusively for use in projects as defined in s. 220.03(1)(t).
2438     2.  If, during the first 10 business days of the state
2439fiscal year, eligible tax credit applications for projects that
2440provide homeownership opportunities for low-income or very-low-
2441income households as defined in s. 420.9071(19) and (28) are
2442received for less than the annual tax credits available for
2443those projects, the Governor, through the Department of Economic
2444Opportunity, Office of Tourism, Trade, and Economic Development
2445shall grant tax credits for those applications and shall grant
2446remaining tax credits on a first-come, first-served basis for
2447any subsequent eligible applications received before the end of
2448the state fiscal year. If, during the first 10 business days of
2449the state fiscal year, eligible tax credit applications for
2450projects that provide homeownership opportunities for low-income
2451or very-low-income households as defined in s. 420.9071(19) and
2452(28) are received for more than the annual tax credits available
2453for those projects, the Governor, through the Department of
2454Economic Opportunity, office shall grant the tax credits for
2455those applications as follows:
2456     a.  If tax credit applications submitted for approved
2457projects of an eligible sponsor do not exceed $200,000 in total,
2458the credit shall be granted in full if the tax credit
2459applications are approved.
2460     b.  If tax credit applications submitted for approved
2461projects of an eligible sponsor exceed $200,000 in total, the
2462amount of tax credits granted under sub-subparagraph a. shall be
2463subtracted from the amount of available tax credits, and the
2464remaining credits shall be granted to each approved tax credit
2465application on a pro rata basis.
2466     3.  If, during the first 10 business days of the state
2467fiscal year, eligible tax credit applications for projects other
2468than those that provide homeownership opportunities for low-
2469income or very-low-income households as defined in s.
2470420.9071(19) and (28) are received for less than the annual tax
2471credits available for those projects, the Governor, through the
2472Department of Economic Opportunity, office shall grant tax
2473credits for those applications and shall grant remaining tax
2474credits on a first-come, first-served basis for any subsequent
2475eligible applications received before the end of the state
2476fiscal year. If, during the first 10 business days of the state
2477fiscal year, eligible tax credit applications for projects other
2478than those that provide homeownership opportunities for low-
2479income or very-low-income households as defined in s.
2480420.9071(19) and (28) are received for more than the annual tax
2481credits available for those projects, the Governor, through the
2482Department of Economic Opportunity, office shall grant the tax
2483credits for those applications on a pro rata basis.
2484     (c)  The project must be undertaken by an "eligible
2485sponsor," defined here as:
2486     1.  A community action program;
2487     2.  A nonprofit community-based development organization
2488whose mission is the provision of housing for low-income or
2489very-low-income households or increasing entrepreneurial and
2490job-development opportunities for low-income persons;
2491     3.  A neighborhood housing services corporation;
2492     4.  A local housing authority, created pursuant to chapter
2493421;
2494     5.  A community redevelopment agency, created pursuant to
2495s. 163.356;
2496     6.  The Florida Industrial Development Corporation;
2497     7.  An historic preservation district agency or
2498organization;
2499     8.  A regional workforce board;
2500     9.  A direct-support organization as provided in s.
25011009.983;
2502     10.  An enterprise zone development agency created pursuant
2503to s. 290.0056;
2504     11.  A community-based organization incorporated under
2505chapter 617 which is recognized as educational, charitable, or
2506scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
2507and whose bylaws and articles of incorporation include
2508affordable housing, economic development, or community
2509development as the primary mission of the corporation;
2510     12.  Units of local government;
2511     13.  Units of state government; or
2512     14.  Such other agency as the Department of Economic
2513Opportunity Office of Tourism, Trade, and Economic Development
2514may, from time to time, designate by rule.
2515
2516In no event shall a contributing business firm have a financial
2517interest in the eligible sponsor.
2518     (d)  The project shall be located in an area designated as
2519an enterprise zone or a Front Porch Florida Community pursuant
2520to s. 20.18(6). Any project designed to construct or
2521rehabilitate housing for low-income or very-low-income
2522households as defined in s. 420.9071(19) and (28) is exempt from
2523the area requirement of this paragraph. This section does not
2524preclude projects that propose to construct or rehabilitate
2525housing for low-income or very-low-income households on
2526scattered sites. Any project designed to provide increased
2527access to high-speed broadband capabilities which includes
2528coverage of a rural enterprise zone may locate the project's
2529infrastructure in any area of a rural county.
2530     (3)  APPLICATION REQUIREMENTS.-
2531     (a)  Any eligible sponsor wishing to participate in this
2532program must submit a proposal to the Department of Economic
2533Opportunity Office of Tourism, Trade, and Economic Development
2534which sets forth the sponsor, the project, the area in which the
2535project is located, and such supporting information as may be
2536prescribed by rule. The proposal shall also contain a resolution
2537from the local governmental unit in which it is located
2538certifying that the project is consistent with local plans and
2539regulations.
2540     (b)  Any business wishing to participate in this program
2541must submit an application for tax credit to the Department of
2542Economic Opportunity Office of Tourism, Trade, and Economic
2543Development, which application sets forth the sponsor; the
2544project; and the type, value, and purpose of the contribution.
2545The sponsor shall verify the terms of the application and
2546indicate its receipt of the contribution, which verification
2547must be in writing and accompany the application for tax credit.
2548     (c)  The business firm must submit a separate application
2549for tax credit for each individual contribution that it makes to
2550each individual project.
2551     (4)  ADMINISTRATION.-
2552     (a)  The Department of Economic Opportunity Office of
2553Tourism, Trade, and Economic Development has authority to adopt
2554rules pursuant to ss. 120.536(1) and 120.54 to implement the
2555provisions of this section, including rules for the approval or
2556disapproval of proposals by business firms.
2557     (b)  The decision of the Governor, through the Department
2558of Economic Opportunity, Office of Tourism, Trade, and Economic
2559Development shall be in writing, and, if approved, the
2560notification must state the maximum credit allowable to the
2561business firm. A copy of the decision shall be transmitted to
2562the executive director of the Department of Revenue, who shall
2563apply such credit to the tax liability of the business firm.
2564     (c)  The Department of Economic Opportunity Office of
2565Tourism, Trade, and Economic Development shall periodically
2566monitor all projects in a manner consistent with available
2567resources to ensure that resources are utilized in accordance
2568with this section; however, each project shall be reviewed no
2569less often than once every 2 years.
2570     (d)  The Department of Revenue has authority to adopt rules
2571pursuant to ss. 120.536(1) and 120.54 to implement the
2572provisions of this section.
2573     (e)  The Department of Economic Opportunity Office of
2574Tourism, Trade, and Economic Development shall, in consultation
2575with the Department of Community Affairs, the Florida Housing
2576Finance Corporation, and the statewide and regional housing and
2577financial intermediaries, market the availability of the
2578community contribution tax credit program to community-based
2579organizations.
2580     Section 33.  Section 220.1895, Florida Statutes, is amended
2581to read:
2582     220.1895  Rural Job Tax Credit and Urban High-Crime Area
2583Job Tax Credit.-There shall be allowed a credit against the tax
2584imposed by this chapter amounts approved by the Governor,
2585through the Department of Economic Opportunity, Office of
2586Tourism, Trade, and Economic Development pursuant to the Rural
2587Job Tax Credit Program in s. 212.098 and the Urban High-Crime
2588Area Job Tax Credit Program in s. 212.097. A corporation that
2589uses its credit against the tax imposed by this chapter may not
2590take the credit against the tax imposed by chapter 212. If any
2591credit granted under this section is not fully used in the first
2592year for which it becomes available, the unused amount may be
2593carried forward for a period not to exceed 5 years. The
2594carryover may be used in a subsequent year when the tax imposed
2595by this chapter for such year exceeds the credit for such year
2596under this section after applying the other credits and unused
2597credit carryovers in the order provided in s. 220.02(8).
2598     Section 34.  Section 220.1896, Florida Statutes, is amended
2599to read:
2600     220.1896  Jobs for the Unemployed Tax Credit Program.-
2601     (1)  As used in this section, the term:
2602     (a)  "Eligible business" means any target industry business
2603as defined in s. 288.106(2) which is subject to the tax imposed
2604by this chapter. The eligible business does not have to be
2605certified to receive the Qualified Target Industry Tax Refund
2606Incentive under s. 288.106 in order to receive the tax credit
2607available under this section.
2608     (b)  "Office" means the Office of Tourism, Trade, and
2609Economic Development.
2610     (b)(c)  "Qualified employee" means a person:
2611     1.  Who was unemployed at least 30 days immediately before
2612prior to being hired by an eligible business.
2613     2.  Who was hired by an eligible business on or after July
26141, 2010, and had not previously been employed by the eligible
2615business or its parent or an affiliated corporation.
2616     3.  Who performed duties connected to the operations of the
2617eligible business on a regular, full-time basis for an average
2618of at least 36 hours per week and for at least 12 months before
2619an eligible business is awarded a tax credit.
2620     4.  Whose employment by the eligible business has not
2621formed the basis for any other claim to a credit pursuant to
2622this section.
2623     (2)  A certified business shall receive a $1,000 tax credit
2624for each qualified employee, pursuant to limitation in
2625subsection (5).
2626     (3)(a)  In order to become a certified business, an
2627eligible business must file under oath with the Department of
2628Economic Opportunity office an application that includes:
2629     1.  The name, address and NAICS identifying code of the
2630eligible business.
2631     2.  Relevant employment information.
2632     3.  A sworn affidavit, signed by each employee, attesting
2633to his or her previous unemployment for whom the eligible
2634business is seeking credits under this section.
2635     4.  Verification that the wages paid by the eligible
2636business to each of its qualified employees exceeds the wage
2637eligibility levels for Medicaid and other public assistance
2638programs.
2639     5.  Any other information necessary to process the
2640application.
2641     (b)  The Department of Economic Opportunity office shall
2642process applications to certify a business in the order in which
2643the applications are received, without regard as to whether the
2644applicant is a new or an existing business. The Governor,
2645through the Department of Economic Opportunity, office shall
2646review and approve or deny an application within 10 days after
2647receiving a completed application. The Department of Economic
2648Opportunity office shall notify the applicant in writing as to
2649the Governor's office's decision.
2650     (c)1.  The Department of Economic Opportunity office shall
2651submit a copy of the letter of certification to the Department
2652of Revenue within 10 days after the Department of Economic
2653Opportunity office issues the letter of certification to the
2654applicant.
2655     2.  If the application of an eligible business is not
2656sufficient to certify the applicant business, the Governor,
2657through the Department of Economic Opportunity, office must deny
2658the application and issue a notice of denial to the applicant.
2659     3.  If the application of an eligible business does not
2660contain sufficient documentation of the number of qualified
2661employees, the Governor, through the Department of Economic
2662Opportunity, office shall approve the application with respect
2663to the employees for whom the Department of Economic Opportunity
2664office determines are qualified employees. The Governor, through
2665the Department of Economic Opportunity, office must deny the
2666application with respect to persons for whom the Department of
2667Economic Opportunity office determines are not qualified
2668employees or for whom insufficient documentation has been
2669provided. A business may not submit a revised application for
2670certification or for the determination of a person as a
2671qualified employee more than 3 months after the issuance of a
2672notice of denial with respect to the business or a particular
2673person as a qualified employee.
2674     (4)  The applicant for a tax credit under this section has
2675the responsibility to affirmatively demonstrate to the
2676satisfaction of the Department of Economic Opportunity office
2677and the Department of Revenue that the applicant and the persons
2678claimed as qualified employees meet the requirements of this
2679section.
2680     (5)  The total amount of tax credits under this section
2681which may be approved by the Department of Economic Opportunity
2682office for all applicants is $10 million, with $5 million
2683available to be awarded in the 2011-2012 fiscal year and $5
2684million available to be awarded in the 2012-2013 fiscal year.
2685     (6)  A tax credit amount that is granted under this section
2686which is not fully used in the first year for which it becomes
2687available may be carried forward to the subsequent taxable year.
2688The carryover credit may be used in the subsequent year if the
2689tax imposed by this chapter for such year exceeds the credit for
2690such year under this section after applying the other credits
2691and unused credit carryovers in the order provided in s.
2692220.02(8).
2693     (7)  A person who fraudulently claims a credit under this
2694section is liable for repayment of the credit plus a mandatory
2695penalty of 100 percent of the credit. Such person also commits a
2696misdemeanor of the second degree, punishable as provided in s.
2697775.082 or s. 775.083.
2698     (8)  The Department of Economic Opportunity office may
2699adopt rules governing the manner and form of applications for
2700the tax credit. The Department of Economic Opportunity office
2701may establish guidelines for making an affirmative showing of
2702qualification for the tax credit under this section.
2703     (9)  The Department of Revenue may adopt rules to
2704administer this section, including rules relating to the
2705creation of forms to claim a tax credit and examination and
2706audit procedures required to administer this section.
2707     (10)  This section expires June 30, 2012. However, a
2708taxpayer that is awarded a tax credit in the second year of the
2709program may carry forward any unused credit amount to the
2710subsequent tax reporting period. Rules adopted by the Department
2711of Revenue to administer this section shall remain valid as long
2712as a taxpayer may use a credit against its corporate income tax
2713liability.
2714     Section 35.  Subsection (1) of section 220.1899, Florida
2715Statutes, is amended to read:
2716     220.1899  Entertainment industry tax credit.-
2717     (1)  There shall be a credit allowed against the tax
2718imposed by this chapter in the amounts awarded by the Department
2719of Economic Opportunity Office of Tourism, Trade, and Economic
2720Development under the entertainment industry financial incentive
2721program in s. 288.1254.
2722     Section 36.  Paragraphs (e), (f), (g), and (h) of
2723subsection (1), paragraph (a) of subsection (3), and subsections
2724(5) and (6) of section 220.191, Florida Statutes, are amended to
2725read:
2726     220.191  Capital investment tax credit.-
2727     (1)  DEFINITIONS.-For purposes of this section:
2728     (e)  "Jobs" means full-time equivalent positions, as that
2729term is consistent with terms used by the Department of Economic
2730Opportunity Agency for Workforce Innovation and the United
2731States Department of Labor for purposes of unemployment tax
2732administration and employment estimation, resulting directly
2733from a project in this state. The term does not include
2734temporary construction jobs involved in the construction of the
2735project facility.
2736     (f)  "Office" means the Office of Tourism, Trade, and
2737Economic Development.
2738     (f)(g)  "Qualifying business" means a business which
2739establishes a qualifying project in this state and which is
2740certified by the Governor, through the Department of Economic
2741Opportunity, office to receive tax credits pursuant to this
2742section.
2743     (g)(h)  "Qualifying project" means:
2744     1.  A new or expanding facility in this state which creates
2745at least 100 new jobs in this state and is in one of the high-
2746impact sectors identified by Enterprise Florida, Inc., and
2747certified by the Department of Economic Opportunity office
2748pursuant to s. 288.108(6), including, but not limited to,
2749aviation, aerospace, automotive, and silicon technology
2750industries;
2751     2.  A new or expanded facility in this state which is
2752engaged in a target industry designated pursuant to the
2753procedure specified in s. 288.106(2) s. 288.106(2)(t) and which
2754is induced by this credit to create or retain at least 1,000
2755jobs in this state, provided that at least 100 of those jobs are
2756new, pay an annual average wage of at least 130 percent of the
2757average private sector wage in the area as defined in s.
2758288.106(2), and make a cumulative capital investment of at least
2759$100 million after July 1, 2005. Jobs may be considered retained
2760only if there is significant evidence that the loss of jobs is
2761imminent. Notwithstanding subsection (2), annual credits against
2762the tax imposed by this chapter may shall not exceed 50 percent
2763of the increased annual corporate income tax liability or the
2764premium tax liability generated by or arising out of a project
2765qualifying under this subparagraph. A facility that qualifies
2766under this subparagraph for an annual credit against the tax
2767imposed by this chapter may take the tax credit for a period not
2768to exceed 5 years; or
2769     3.  A new or expanded headquarters facility in this state
2770which locates in an enterprise zone and brownfield area and is
2771induced by this credit to create at least 1,500 jobs which on
2772average pay at least 200 percent of the statewide average annual
2773private sector wage, as published by the Department of Economic
2774Opportunity Agency for Workforce Innovation or its successor,
2775and which new or expanded headquarters facility makes a
2776cumulative capital investment in this state of at least $250
2777million.
2778     (3)(a)  Notwithstanding subsection (2), an annual credit
2779against the tax imposed by this chapter shall be granted to a
2780qualifying business which establishes a qualifying project
2781pursuant to subparagraph (1)(g)(h)3., in an amount equal to the
2782lesser of $15 million or 5 percent of the eligible capital costs
2783made in connection with a qualifying project, for a period not
2784to exceed 20 years beginning with the commencement of operations
2785of the project. The tax credit shall be granted against the
2786corporate income tax liability of the qualifying business and as
2787further provided in paragraph (c). The total tax credit provided
2788pursuant to this subsection shall be equal to no more than 100
2789percent of the eligible capital costs of the qualifying project.
2790     (5)  Applications shall be reviewed and certified pursuant
2791to s. 288.061. The Governor, through the Department of Economic
2792Opportunity office, upon a recommendation by Enterprise Florida,
2793Inc., shall first certify a business as eligible to receive tax
2794credits pursuant to this section before prior to the
2795commencement of operations of a qualifying project, and such
2796certification shall be transmitted to the Department of Revenue.
2797Upon receipt of the certification, the Department of Revenue
2798shall enter into a written agreement with the qualifying
2799business specifying, at a minimum, the method by which income
2800generated by or arising out of the qualifying project will be
2801determined.
2802     (6)  The Department of Economic Opportunity may office, in
2803consultation with Enterprise Florida, Inc., is authorized to
2804develop the necessary guidelines and application materials for
2805the certification process described in subsection (5).
2806     Section 37.  Paragraph (b) of subsection (4) of section
2807267.0625, Florida Statutes, is amended to read:
2808     267.0625  Abrogation of offensive and derogatory geographic
2809place names.-
2810     (4)  The division shall:
2811     (b)  Notify the Department of Transportation, the
2812Department of Economic Opportunity Office of Tourism, Trade, and
2813Economic Development, the Department of Management Services, and
2814any other entity that compiles information for or develops maps
2815or markers for the state of the name change so that it may be
2816reflected on subsequent editions of any maps, informational
2817literature, or markers produced by those entities.
2818     Section 38.  Section 272.11, Florida Statutes, is amended
2819to read:
2820     272.11  Capitol information center.-The Division of Tourism
2821Marketing of Enterprise Florida, Inc., Florida Commission on
2822Tourism shall establish, maintain, and operate a Capitol
2823information center somewhere within the area of the Capitol
2824Center and employ personnel or enter into contracts to maintain
2825same.
2826     Section 39.  Paragraph (a) of subsection (4) of section
2827282.34, Florida Statutes, is amended to read:
2828     282.34  Statewide e-mail service.-A state e-mail system
2829that includes the delivery and support of e-mail, messaging, and
2830calendaring capabilities is established as an enterprise
2831information technology service as defined in s. 282.0041. The
2832service shall be designed to meet the needs of all executive
2833branch agencies. The primary goals of the service are to
2834minimize the state investment required to establish, operate,
2835and support the statewide service; reduce the cost of current e-
2836mail operations and the number of duplicative e-mail systems;
2837and eliminate the need for each state agency to maintain its own
2838e-mail staff.
2839     (4)  All agencies must be completely migrated to the
2840statewide e-mail service as soon as financially and
2841operationally feasible, but no later than June 30, 2015.
2842     (a)  The following statewide e-mail service implementation
2843schedule is established for state agencies:
2844     1.  Phase 1.-The following agencies must be completely
2845migrated to the statewide e-mail system by June 30, 2012: the
2846Agency for Enterprise Information Technology; the Department of
2847Community Affairs, including the Division of Emergency
2848Management; the Department of Corrections; the Department of
2849Health; the Department of Highway Safety and Motor Vehicles; the
2850Department of Management Services, including the Division of
2851Administrative Hearings, the Division of Retirement, the
2852Commission on Human Relations, and the Public Employees
2853Relations Commission; the Southwood Shared Resource Center; and
2854the Department of Revenue.
2855     2.  Phase 2.-The following agencies must be completely
2856migrated to the statewide e-mail system by June 30, 2013: the
2857Department of Business and Professional Regulation; the
2858Department of Education, including the Board of Governors; the
2859Department of Environmental Protection; the Department of
2860Juvenile Justice; the Department of the Lottery; the Department
2861of State; the Department of Law Enforcement; the Department of
2862Veterans' Affairs; the Judicial Administration Commission; the
2863Public Service Commission; and the Statewide Guardian Ad Litem
2864Office.
2865     3.  Phase 3.-The following agencies must be completely
2866migrated to the statewide e-mail system by June 30, 2014: the
2867Agency for Health Care Administration; the Agency for Workforce
2868Innovation; the Department of Financial Services, including the
2869Office of Financial Regulation and the Office of Insurance
2870Regulation; the Department of Agriculture and Consumer Services;
2871the Executive Office of the Governor, including the Division of
2872Emergency Management; the Department of Transportation; the Fish
2873and Wildlife Conservation Commission; the Agency for Persons
2874With Disabilities; the Northwood Shared Resource Center; and the
2875State Board of Administration.
2876     4.  Phase 4.-The following agencies must be completely
2877migrated to the statewide e-mail system by June 30, 2015: the
2878Department of Children and Family Services; the Department of
2879Citrus; the Department of Economic Opportunity; the Department
2880of Elderly Affairs; and the Department of Legal Affairs.
2881     Section 40.  Subsection (2) of section 287.0931, Florida
2882Statutes, is amended to read:
2883     287.0931  Minority business enterprises; participation in
2884bond underwriting.-
2885     (2)  To meet such participation requirement, the minority
2886firm must have full-time employees located in this state, must
2887have a permanent place of business located in this state, and
2888must be a firm which is at least 51-percent-owned by minority
2889persons as defined in s. 288.703(3). However, for the purpose of
2890bond underwriting only, the requirement that the minority person
2891be a permanent resident of this state does shall not apply.
2892     Section 41.  Paragraph (e) of subsection (2) of section
2893287.0943, Florida Statutes, is amended to read:
2894     287.0943  Certification of minority business enterprises.-
2895     (2)
2896     (e)  In assessing the status of ownership and control,
2897certification criteria shall, at a minimum:
2898     1.  Link ownership by a minority person, as defined in s.
2899288.703(3), or as dictated by the legal obligations of a
2900certifying organization, to day-to-day control and financial
2901risk by the qualifying minority owner, and to demonstrated
2902expertise or licensure of a minority owner in any trade or
2903profession that the minority business enterprise will offer to
2904the state when certified. Businesses must comply with all state
2905licensing requirements before prior to becoming certified as a
2906minority business enterprise.
2907     2.  If present ownership was obtained by transfer, require
2908the minority person on whom eligibility is based to have owned
2909at least 51 percent of the applicant firm for a minimum of 2
2910years, when any previous majority ownership interest in the firm
2911was by a nonminority who is or was a relative, former employer,
2912or current employer of the minority person on whom eligibility
2913is based. This requirement does shall not apply to minority
2914persons who are otherwise eligible who take a 51-percent-or-
2915greater interest in a firm that requires professional licensure
2916to operate and who will be the qualifying licenseholder for the
2917firm when certified. A transfer made within a related immediate
2918family group from a nonminority person to a minority person in
2919order to establish ownership by a minority person shall be
2920deemed to have been made solely for purposes of satisfying
2921certification criteria and shall render such ownership invalid
2922for purposes of qualifying for such certification if the
2923combined total net asset value of all members of such family
2924group exceeds $1 million. For purposes of this subparagraph, the
2925term "related immediate family group" means one or more children
2926under 16 years of age and a parent of such children or the
2927spouse of such parent residing in the same house or living unit.
2928     3.  Require that prospective certified minority business
2929enterprises be currently performing or seeking to perform a
2930useful business function. A "useful business function" is
2931defined as a business function which results in the provision of
2932materials, supplies, equipment, or services to customers. Acting
2933as a conduit to transfer funds to a nonminority business does
2934not constitute a useful business function unless it is done so
2935in a normal industry practice. As used in this section, the term
2936"acting as a conduit" means, in part, not acting as a regular
2937dealer by making sales of material, goods, or supplies from
2938items bought, kept in stock, and regularly sold to the public in
2939the usual course of business. Brokers, manufacturer's
2940representatives, sales representatives, and nonstocking
2941distributors are considered as conduits that do not perform a
2942useful business function, unless normal industry practice
2943dictates.
2944     Section 42.  Paragraph (n) of subsection (4) of section
2945287.09451, Florida Statutes, is amended to read:
2946     287.09451  Office of Supplier Diversity; powers, duties,
2947and functions.-
2948     (4)  The Office of Supplier Diversity shall have the
2949following powers, duties, and functions:
2950     (n)1.  To develop procedures to be used by an agency in
2951identifying commodities, contractual services, architectural and
2952engineering services, and construction contracts, except those
2953architectural, engineering, construction, or other related
2954services or contracts subject to the provisions of chapter 339,
2955that could be provided by minority business enterprises. Each
2956agency is encouraged to spend 21 percent of the moneys actually
2957expended for construction contracts, 25 percent of the moneys
2958actually expended for architectural and engineering contracts,
295924 percent of the moneys actually expended for commodities, and
296050.5 percent of the moneys actually expended for contractual
2961services during the previous fiscal year, except for the state
2962university construction program which shall be based upon public
2963education capital outlay projections for the subsequent fiscal
2964year, and reported to the Legislature pursuant to s. 216.023,
2965for the purpose of entering into contracts with certified
2966minority business enterprises as defined in s. 288.703(2), or
2967approved joint ventures. However, in the event of budget
2968reductions pursuant to s. 216.221, the base amounts may be
2969adjusted to reflect such reductions. The overall spending goal
2970for each industry category shall be subdivided as follows:
2971     a.  For construction contracts: 4 percent for black
2972Americans, 6 percent for Hispanic-Americans, and 11 percent for
2973American women.
2974     b.  For architectural and engineering contracts: 9 percent
2975for Hispanic-Americans, 1 percent for Asian-Americans, and 15
2976percent for American women.
2977     c.  For commodities: 2 percent for black Americans, 4
2978percent for Hispanic-Americans, 0.5 percent for Asian-Americans,
29790.5 percent for Native Americans, and 17 percent for American
2980women.
2981     d.  For contractual services: 6 percent for black
2982Americans, 7 percent for Hispanic-Americans, 1 percent for
2983Asian-Americans, 0.5 percent for Native Americans, and 36
2984percent for American women.
2985     2.  For the purposes of commodities contracts for the
2986purchase of equipment to be used in the construction and
2987maintenance of state transportation facilities involving the
2988Department of Transportation, the terms "minority business
2989enterprise" and has the same meaning as provided in s. 288.703.
2990"minority person" have has the same meanings meaning as provided
2991in s. 288.703(3). In order to ensure that the goals established
2992under this paragraph for contracting with certified minority
2993business enterprises are met, the department, with the
2994assistance of the Office of Supplier Diversity, shall make
2995recommendations to the Legislature on revisions to the goals,
2996based on an updated statistical analysis, at least once every 5
2997years. Such recommendations shall be based on statistical data
2998indicating the availability of and disparity in the use of
2999minority businesses contracting with the state. The results of
3000the first updated disparity study must be presented to the
3001Legislature no later than December 1, 1996.
3002     3.  In determining the base amounts for assessing
3003compliance with this paragraph, the Office of Supplier Diversity
3004may develop, by rule, guidelines for all agencies to use in
3005establishing such base amounts. These rules must include, but
3006are not limited to, guidelines for calculation of base amounts,
3007a deadline for the agencies to submit base amounts, a deadline
3008for approval of the base amounts by the Office of Supplier
3009Diversity, and procedures for adjusting the base amounts as a
3010result of budget reductions made pursuant to s. 216.221.
3011     4.  To determine guidelines for the use of price
3012preferences, weighted preference formulas, or other preferences,
3013as appropriate to the particular industry or trade, to increase
3014the participation of minority businesses in state contracting.
3015These guidelines shall include consideration of:
3016     a.  Size and complexity of the project.
3017     b.  The concentration of transactions with minority
3018business enterprises for the commodity or contractual services
3019in question in prior agency contracting.
3020     c.  The specificity and definition of work allocated to
3021participating minority business enterprises.
3022     d.  The capacity of participating minority business
3023enterprises to complete the tasks identified in the project.
3024     e.  The available pool of minority business enterprises as
3025prime contractors, either alone or as partners in an approved
3026joint venture that serves as the prime contractor.
3027     5.  To determine guidelines for use of joint ventures to
3028meet minority business enterprises spending goals. For purposes
3029of this section, "joint venture" means any association of two or
3030more business concerns to carry out a single business enterprise
3031for profit, for which purpose they combine their property,
3032capital, efforts, skills, and knowledge. The guidelines shall
3033allow transactions with joint ventures to be eligible for credit
3034against the minority business enterprise goals of an agency when
3035the contracting joint venture demonstrates that at least one
3036partner to the joint venture is a certified minority business
3037enterprise as defined in s. 288.703, and that such partner is
3038responsible for a clearly defined portion of the work to be
3039performed, and shares in the ownership, control, management,
3040responsibilities, risks, and profits of the joint venture. Such
3041demonstration shall be by verifiable documents and sworn
3042statements and may be reviewed by the Office of Supplier
3043Diversity at or before the time a contract bid, proposal, or
3044reply is submitted. An agency may count toward its minority
3045business enterprise goals a portion of the total dollar amount
3046of a contract equal to the percentage of the ownership and
3047control held by the qualifying certified minority business
3048partners in the contracting joint venture, so long as the joint
3049venture meets the guidelines adopted by the office.
3050     Section 43.  Subsections (1) and (5) of section 287.0947,
3051Florida Statutes, are amended to read:
3052     287.0947  Florida Advisory Council on Small and Minority
3053Business Development; creation; membership; duties.-
3054     (1)  On or after October 1, 1996, The Secretary of
3055Management Services the Department of Labor and Employment
3056Security may create the Florida Advisory Council on Small and
3057Minority Business Development with the purpose of advising and
3058assisting the secretary in carrying out the secretary's duties
3059with respect to minority businesses and economic and business
3060development. It is the intent of the Legislature that the
3061membership of such council include practitioners, laypersons,
3062financiers, and others with business development experience who
3063can provide invaluable insight and expertise for this state in
3064the diversification of its markets and networking of business
3065opportunities. The council shall initially consist of 19
3066persons, each of whom is or has been actively engaged in small
3067and minority business development, either in private industry,
3068in governmental service, or as a scholar of recognized
3069achievement in the study of such matters. Initially, the council
3070shall consist of members representing all regions of the state
3071and shall include at least one member from each group identified
3072within the definition of "minority person" in s. 288.703(3),
3073considering also gender and nationality subgroups, and shall
3074consist of the following:
3075     (a)  Four members consisting of representatives of local
3076and federal small and minority business assistance programs or
3077community development programs.
3078     (b)  Eight members composed of representatives of the
3079minority private business sector, including certified minority
3080business enterprises and minority supplier development councils,
3081among whom at least two shall be women and at least four shall
3082be minority persons.
3083     (c)  Two representatives of local government, one of whom
3084shall be a representative of a large local government, and one
3085of whom shall be a representative of a small local government.
3086     (d)  Two representatives from the banking and insurance
3087industry.
3088     (e)  Two members from the private business sector,
3089representing the construction and commodities industries.
3090     (f)  A member from the board of directors of Enterprise
3091Florida, Inc. The chairperson of the Florida Black Business
3092Investment Board or the chairperson's designee.
3093
3094A candidate for appointment may be considered if eligible to be
3095certified as an owner of a minority business enterprise, or if
3096otherwise qualified under the criteria above. Vacancies may be
3097filled by appointment of the secretary, in the manner of the
3098original appointment.
3099     (5)  The powers and duties of the council include, but are
3100not limited to: researching and reviewing the role of small and
3101minority businesses in the state's economy; reviewing issues and
3102emerging topics relating to small and minority business economic
3103development; studying the ability of financial markets and
3104institutions to meet small business credit needs and determining
3105the impact of government demands on credit for small businesses;
3106assessing the implementation of s. 187.201(21) 187.201(22),
3107requiring a state economic development comprehensive plan, as it
3108relates to small and minority businesses; assessing the
3109reasonableness and effectiveness of efforts by any state agency
3110or by all state agencies collectively to assist minority
3111business enterprises; and advising the Governor, the secretary,
3112and the Legislature on matters relating to small and minority
3113business development which are of importance to the
3114international strategic planning and activities of this state.
3115     Section 44.  Section 288.005, Florida Statutes, is created
3116to read:
3117     288.005  Definitions.-As used in this chapter, the term:
3118     (1)  "Commissioner" means the Commissioner of Economic
3119Opportunity.
3120     (2)  "Department" means the Department of Economic
3121Opportunity.
3122     (3)  "Economic benefits" means the direct, indirect, and
3123induced gains in state revenues as a percentage of the state's
3124investment. The state's investment includes state grants, tax
3125exemptions, tax refunds, tax credits, and other state
3126incentives.
3127     Section 45.  Section 288.012, Florida Statutes, is amended
3128to read:
3129     288.012  State of Florida international foreign offices;
3130state protocol officer; protocol manual.-The Legislature finds
3131that the expansion of international trade and tourism is vital
3132to the overall health and growth of the economy of this state.
3133This expansion is hampered by the lack of technical and business
3134assistance, financial assistance, and information services for
3135businesses in this state. The Legislature finds that these
3136businesses could be assisted by providing these services at
3137State of Florida international foreign offices. The Legislature
3138further finds that the accessibility and provision of services
3139at these offices can be enhanced through cooperative agreements
3140or strategic alliances between private businesses and state
3141entities, local entities, and international governmental foreign
3142entities, and private businesses.
3143     (1)  The department may Office of Tourism, Trade, and
3144Economic Development is authorized to:
3145     (a)  Establish and operate offices in other foreign
3146countries for the purpose of promoting the trade and economic
3147development opportunities of the state, and promoting the
3148gathering of trade data information and research on trade
3149opportunities in specific countries.
3150     (b)  Enter into agreements with governmental and private
3151sector entities to establish and operate offices in other
3152foreign countries which contain containing provisions that which
3153may be in conflict with the general laws of the state pertaining
3154to the purchase of office space, employment of personnel, and
3155contracts for services. When agreements pursuant to this section
3156are made which set compensation in another country's foreign
3157currency, such agreements are shall be subject to the
3158requirements of s. 215.425, but the purchase of another
3159country's foreign currency by the department Office of Tourism,
3160Trade, and Economic Development to meet such obligations are
3161shall be subject only to s. 216.311.
3162     (2)  Each international foreign office shall have in place
3163an operational plan approved by the participating boards or
3164other governing authority, a copy of which shall be provided to
3165the department Office of Tourism, Trade, and Economic
3166Development. These operating plans shall be reviewed and updated
3167each fiscal year and shall include, at a minimum, the following:
3168     (a)  Specific policies and procedures encompassing the
3169entire scope of the operation and management of each office.
3170     (b)  A comprehensive, commercial strategic plan identifying
3171marketing opportunities and industry sector priorities for the
3172foreign country or area in which an international a foreign
3173office is located.
3174     (c)  Provisions for access to information for Florida
3175businesses through the Florida Trade Data Center. Each
3176international foreign office shall obtain and forward trade
3177leads and inquiries to the center on a regular basis.
3178     (d)  Identification of new and emerging market
3179opportunities for Florida businesses. Each international foreign
3180office shall provide the department Florida Trade Data Center
3181with a compilation of another country's foreign buyers and
3182importers in industry sector priority areas on an annual basis.
3183In return, the department Florida Trade Data Center shall make
3184available to each international foreign office, and to
3185Enterprise Florida, Inc., the Florida Commission on Tourism, the
3186Florida Ports Council, the Department of State, the Department
3187of Citrus, and the Department of Agriculture and Consumer
3188Services, trade industry, commodity, and opportunity
3189information. This information shall be provided to such offices
3190and entities either free of charge or on a fee basis with fees
3191set only to recover the costs of providing the information.
3192     (e)  Provision of access for Florida businesses to the
3193services of the Florida Trade Data Center, international trade
3194assistance services provided by state and local entities,
3195seaport and airport information, and other services identified
3196by the department Office of Tourism, Trade, and Economic
3197Development.
3198     (f)  Qualitative and quantitative performance measures for
3199each office, including, but not limited to, the number of
3200businesses assisted, the number of trade leads and inquiries
3201generated, the number of another country's foreign buyers and
3202importers contacted, and the amount and type of marketing
3203conducted.
3204     (3)  By October 1 of each year, each international foreign
3205office shall submit to the department Office of Tourism, Trade,
3206and Economic Development a complete and detailed report on its
3207activities and accomplishments during the preceding fiscal year.
3208In a format provided by Enterprise Florida, Inc., the report
3209must set forth information on:
3210     (a)  The number of Florida companies assisted.
3211     (b)  The number of inquiries received about investment
3212opportunities in this state.
3213     (c)  The number of trade leads generated.
3214     (d)  The number of investment projects announced.
3215     (e)  The estimated U.S. dollar value of sales
3216confirmations.
3217     (f)  The number of representation agreements.
3218     (g)  The number of company consultations.
3219     (h)  Barriers or other issues affecting the effective
3220operation of the office.
3221     (i)  Changes in office operations which are planned for the
3222current fiscal year.
3223     (j)  Marketing activities conducted.
3224     (k)  Strategic alliances formed with organizations in the
3225country in which the office is located.
3226     (l)  Activities conducted with Florida's other
3227international Florida foreign offices.
3228     (m)  Any other information that the office believes would
3229contribute to an understanding of its activities.
3230     (4)  The department Office of Tourism, Trade, and Economic
3231Development, in connection with the establishment, operation,
3232and management of any of its offices located in another a
3233foreign country, is exempt from the provisions of ss. 255.21,
3234255.25, and 255.254 relating to leasing of buildings; ss. 283.33
3235and 283.35 relating to bids for printing; ss. 287.001-287.20
3236relating to purchasing and motor vehicles; and ss. 282.003-
3237282.0056 and 282.702-282.7101 relating to communications, and
3238from all statutory provisions relating to state employment.
3239     (a)  The department Office of Tourism, Trade, and Economic
3240Development may exercise such exemptions only upon prior
3241approval of the Governor.
3242     (b)  If approval for an exemption under this section is
3243granted as an integral part of a plan of operation for a
3244specified international foreign office, such action shall
3245constitute continuing authority for the department Office of
3246Tourism, Trade, and Economic Development to exercise the
3247exemption, but only in the context and upon the terms originally
3248granted. Any modification of the approved plan of operation with
3249respect to an exemption contained therein must be resubmitted to
3250the Governor for his or her approval. An approval granted to
3251exercise an exemption in any other context shall be restricted
3252to the specific instance for which the exemption is to be
3253exercised.
3254     (c)  As used in this subsection, the term "plan of
3255operation" means the plan developed pursuant to subsection (2).
3256     (d)  Upon final action by the Governor with respect to a
3257request to exercise the exemption authorized in this subsection,
3258the department Office of Tourism, Trade, and Economic
3259Development shall report such action, along with the original
3260request and any modifications thereto, to the President of the
3261Senate and the Speaker of the House of Representatives within 30
3262days.
3263     (5)  Where feasible and appropriate, international and
3264subject to s. 288.1224(9), foreign offices established and
3265operated under this section may provide one-stop access to the
3266economic development, trade, and tourism information, services,
3267and programs of the state. Where feasible and appropriate, and
3268subject to s. 288.1224(9), such offices may also be collocated
3269with other international foreign offices of the state.
3270     (6)  The department may contract Office of Tourism, Trade,
3271and Economic Development is authorized to make and to enter into
3272contracts with Enterprise Florida, Inc., and the Florida
3273Commission on Tourism to carry out the provisions of this
3274section. The authority, duties, and exemptions provided in this
3275section apply to Enterprise Florida, Inc., and the Florida
3276Commission on Tourism to the same degree and subject to the same
3277conditions as applied to the department Office of Tourism,
3278Trade, and Economic Development. To the greatest extent
3279possible, such contracts shall include provisions for
3280cooperative agreements or strategic alliances between private
3281businesses and state entities, international, foreign entities,
3282and local governmental entities, and private businesses to
3283operate international foreign offices.
3284     (7)  The Governor may designate a state protocol officer.
3285In consultation with the Governor and other governmental
3286officials, the state protocol officer shall develop, maintain,
3287publish, and distribute the state protocol manual.
3288     Section 46.  Subsections (1) and (3) of section 288.017,
3289Florida Statutes, are amended to read:
3290     288.017  Cooperative advertising matching grants program.-
3291     (1)  Enterprise Florida, Inc., may The Florida Commission
3292on Tourism is authorized to establish a cooperative advertising
3293matching grants program and, pursuant thereto, through the
3294Governor, may to make expenditures and enter into contracts with
3295local governments and nonprofit corporations for the purpose of
3296publicizing the tourism advantages of the state. The Governor,
3297through the department Office of Tourism, Trade, and Economic
3298Development, based on recommendations from Enterprise Florida,
3299Inc. the Florida Commission on Tourism, shall have final
3300approval of grants awarded through this program. The commission
3301may contract with its direct-support organization to administer
3302the program.
3303     (3)  Enterprise Florida, Inc., The Florida Commission on
3304Tourism shall conduct an annual competitive selection process
3305for the award of grants under the program. In determining its
3306recommendations for the grant awards, Enterprise Florida, Inc.,
3307the commission shall consider the demonstrated need of the
3308applicant for advertising assistance, the feasibility and
3309projected benefit of the applicant's proposal, the amount of
3310nonstate funds that will be leveraged, and such other criteria
3311as the commission deems appropriate. In evaluating grant
3312applications, the department Office shall consider
3313recommendations from Enterprise Florida, Inc., the Florida
3314Commission on Tourism. The Governor Office, however, has final
3315approval authority for any grant under this section.
3316     Section 47.  Section 288.018, Florida Statutes, is amended
3317to read:
3318     288.018  Regional Rural Development Grants Program.-
3319     (1)  The department Office of Tourism, Trade, and Economic
3320Development shall establish a matching grant program to provide
3321funding to regionally based economic development organizations
3322representing rural counties and communities for the purpose of
3323building the professional capacity of their organizations. Such
3324matching grants may also be used by an economic development
3325organization to provide technical assistance to businesses
3326within the rural counties and communities that it serves. The
3327Governor may Office of Tourism, Trade, and Economic Development
3328is authorized to approve, on an annual basis, grants to such
3329regionally based economic development organizations. The maximum
3330amount an organization may receive in any year will be $35,000,
3331or $100,000 in a rural area of critical economic concern
3332recommended by the Rural Economic Development Initiative and
3333designated by the Governor, and must be matched each year by an
3334equivalent amount of nonstate resources.
3335     (2)  In approving the participants, the Governor Office of
3336Tourism, Trade, and Economic Development shall consider the
3337demonstrated need of the applicant for assistance and require
3338the following:
3339     (a)  Documentation of official commitments of support from
3340each of the units of local government represented by the
3341regional organization.
3342     (b)  Demonstration that each unit of local government has
3343made a financial or in-kind commitment to the regional
3344organization.
3345     (c)  Demonstration that the private sector has made
3346financial or in-kind commitments to the regional organization.
3347     (d)  Demonstration that the organization is in existence
3348and actively involved in economic development activities serving
3349the region.
3350     (e)  Demonstration of the manner in which the organization
3351is or will coordinate its efforts with those of other local and
3352state organizations.
3353     (3)  The department Office of Tourism, Trade, and Economic
3354Development may also contract for the development of an
3355enterprise zone web portal or websites for each enterprise zone
3356which will be used to market the program for job creation in
3357disadvantaged urban and rural enterprise zones. Each enterprise
3358zone web page should include downloadable links to state forms
3359and information, as well as local message boards that help
3360businesses and residents receive information concerning zone
3361boundaries, job openings, zone programs, and neighborhood
3362improvement activities.
3363     (4)  The department Office of Tourism, Trade, and Economic
3364Development may expend up to $750,000 each fiscal year from
3365funds appropriated to the Rural Community Development Revolving
3366Loan Fund for the purposes outlined in this section. The
3367department Office of Tourism, Trade, and Economic Development
3368may contract with Enterprise Florida, Inc., for the
3369administration of the purposes specified in this section. Funds
3370released to Enterprise Florida, Inc., for this purpose shall be
3371released quarterly and shall be calculated based on the
3372applications in process.
3373     Section 48.  Subsection (4) of section 288.019, Florida
3374Statutes, is amended to read:
3375     288.019  Rural considerations in grant review and
3376evaluation processes.-Notwithstanding any other law, and to the
3377fullest extent possible, the member agencies and organizations
3378of the Rural Economic Development Initiative (REDI) as defined
3379in s. 288.0656(6)(a) shall review all grant and loan application
3380evaluation criteria to ensure the fullest access for rural
3381counties as defined in s. 288.0656(2) to resources available
3382throughout the state.
3383     (4)  For existing programs, the modified evaluation
3384criteria and scoring procedure must be delivered to the
3385department Office of Tourism, Trade, and Economic Development
3386for distribution to the REDI agencies and organizations. The
3387REDI agencies and organizations shall review and make comments.
3388Future rules, programs, evaluation criteria, and scoring
3389processes must be brought before a REDI meeting for review,
3390discussion, and recommendation to allow rural counties fuller
3391access to the state's resources.
3392     Section 49.  Subsection (1) of section 288.021, Florida
3393Statutes, is amended to read:
3394     288.021  Economic development liaison.-
3395     (1)  The heads of the Department of Transportation, the
3396Department of Environmental Protection and an additional member
3397appointed by the Secretary of the department, the Department of
3398Labor and Employment Security, the Department of Education, the
3399Department of Community Affairs, the Department of Management
3400Services, the Department of Revenue, the Fish and Wildlife
3401Conservation Commission, each water management district, and
3402each Department of Transportation District office shall
3403designate a high-level staff member from within such agency to
3404serve as the economic development liaison for the agency. In
3405addition, the Secretary of Environmental Protection shall
3406designate a second economic development liaison for the
3407Department of Environmental Protection. This person shall report
3408to the agency head and have general knowledge both of the
3409state's permitting and other regulatory functions and of the
3410state's economic goals, policies, and programs. This person
3411shall also be the primary point of contact for the agency with
3412the Department of Economic Opportunity Office of Tourism, Trade,
3413and Economic Development on issues and projects important to the
3414economic development of Florida, including its rural areas, to
3415expedite project review, to ensure a prompt, effective response
3416to problems arising with regard to permitting and regulatory
3417functions, and to work closely with the other economic
3418development liaisons to resolve interagency conflicts.
3419     Section 50.  Section 288.0251, Florida Statutes, is amended
3420to read:
3421     288.0251  International development outreach activities in
3422Latin America and Caribbean Basin.-The department Office of
3423Tourism, Trade, and Economic Development may contract for the
3424implementation of Florida's international volunteer corps to
3425provide short-term training and technical assistance activities
3426in Latin America and the Caribbean Basin. The entity contracted
3427under this section must require that such activities be
3428conducted by qualified volunteers who are citizens of the state.
3429The contracting agency must have a statewide focus and
3430experience in coordinating international volunteer programs.
3431     Section 51.  Subsection (1) of section 288.035, Florida
3432Statutes, is amended to read:
3433     288.035  Economic development activities.-
3434     (1)  The Florida Public Service Commission may authorize
3435public utilities to recover reasonable economic development
3436expenses. For purposes of this section, recoverable "economic
3437development expenses" are those expenses described in subsection
3438(2) which are consistent with criteria to be established by
3439rules adopted by the department of Commerce as of June 30, 1996,
3440or as those criteria are later modified by the Office of
3441Tourism, Trade, and Economic Development.
3442     Section 52.  Section 288.037, Florida Statutes, is amended
3443to read:
3444     288.037  Department of State; agreement with county tax
3445collector.-In order to further the economic development goals of
3446the state, and notwithstanding any law to the contrary, the
3447Department of State may enter into an agreement with the county
3448tax collector for the purpose of appointing the county tax
3449collector as the Department of State's department's agent to
3450accept applications for licenses or other similar registrations
3451and applications for renewals of licenses or other similar
3452registrations. The agreement must specify the time within which
3453the tax collector must forward any applications and accompanying
3454application fees to the Department of State.
3455     Section 53.  Subsection (3) of section 288.041, Florida
3456Statutes, is amended to read:
3457     288.041  Solar energy industry; legislative findings and
3458policy; promotional activities.-
3459     (3)  By January 15 of each year, the Department of
3460Environmental Protection shall report to the Governor, the
3461President of the Senate, and the Speaker of the House of
3462Representatives on the impact of the solar energy industry on
3463the economy of this state and shall make any recommendations on
3464initiatives to further promote the solar energy industry as the
3465Department of Environmental Protection deems appropriate.
3466     Section 54.  Subsection (10) of section 288.047, Florida
3467Statutes, is renumbered as subsection (9) and present subsection
3468(9) of that section is amended to read:
3469     288.047  Quick-response training for economic development.-
3470     (9)  Notwithstanding any other provision of law, eligible
3471matching contributions received under the Quick-Response
3472Training Program under this section may be counted toward the
3473private sector support of Enterprise Florida, Inc., under s.
3474288.90151(5)(d).
3475     Section 55.  Section 288.061, Florida Statutes, is amended
3476to read:
3477     (Substantial rewording of section. See
3478     s. 288.061, F.S., for present text.)
3479     288.061  Economic development incentive application
3480process.-
3481     (1)  The Commissioner of Economic Opportunity is the single
3482and best point of contact for an incentive application or
3483business interested in an incentive award.
3484     (2)  The commissioner shall provide assistance to the
3485business by deploying state resources from the department,
3486Enterprise Florida, Inc., and other state agencies, and
3487coordinate with regional and local entities to provide resources
3488and assistance as necessary.
3489     (3)  Upon receiving a submitted economic development
3490incentive application, the commissioner shall make a
3491recommendation with justification to the Governor to approve or
3492disapprove an applicant business, including whether and what
3493type of state and local permits may be necessary for the
3494applicant's project, whether it is possible to waive such
3495permits, and what state incentives and amounts of such
3496incentives may be available to the applicant. The commissioner's
3497review of, and the Governor's approval or denial of, a submitted
3498economic development incentive application, unless the business
3499requests an extension of time, shall both be completed within 10
3500business days after the commissioner's receipt of the submitted
3501economic development incentive application. The Governor shall
3502notify the applicant in writing of his intent to approve the
3503business and include all incentives and amounts that may be
3504available to the applicant. If the review of the application
3505demonstrates an application is incomplete, the commissioner must
3506notify the business within the first 5 days after receiving the
3507application.
3508     (4)  The contract or agreement with the applicant shall
3509specify the total amount of the award, the performance
3510conditions that must be met to obtain the award, the schedule
3511for payment, and sanctions that would apply for failure to meet
3512performance conditions. The Governor may enter into one
3513agreement covering all of the state incentives that are being
3514provided to the applicant. The contract must provide that
3515payment of moneys is contingent upon sufficient appropriation of
3516funds by the Legislature.
3517     (5)  The department shall validate contractor performance.
3518Such validation shall be reported in the annual incentive report
3519required under s. 288.907.
3520     (6)  The release of funds for the incentive or incentives
3521awarded to the applicant depends upon the statutory requirements
3522of the particular incentive program.
3523     Section 56.  Section 288.063, Florida Statutes, is amended
3524to read:
3525     288.063  Contracts for transportation projects.-
3526     (1)  The Governor, through the Department of Economic
3527Opportunity, may Office of Tourism, Trade, and Economic
3528Development is authorized to make, and based on a recommendation
3529from Enterprise Florida, Inc., to approve, expenditures and
3530enter into contracts for direct costs of transportation projects
3531with the appropriate governmental body. Each application shall
3532be reviewed and certified pursuant to s. 288.061. The Department
3533of Economic Opportunity Office of Tourism, Trade, and Economic
3534Development shall provide the Department of Transportation, and
3535the Department of Environmental Protection, and the Department
3536of Community Affairs with an opportunity to formally review and
3537comment on recommended transportation projects, although the
3538Governor, through the Department of Economic Opportunity, Office
3539of Tourism, Trade, and Economic Development has final approval
3540authority for any project under this section.
3541     (2)  Any contract with a governmental body for construction
3542of any transportation project executed by the Governor, through
3543the Department of Economic Opportunity, Office of Tourism,
3544Trade, and Economic Development shall:
3545     (a)  Specify and identify the transportation project to be
3546constructed for a new or expanding business and the number of
3547full-time permanent jobs that will result from the project.
3548     (b)  Require that the appropriate governmental body award
3549the construction of the particular transportation project to the
3550lowest and best bidder in accordance with applicable state and
3551federal statutes or regulations unless the project can be
3552constructed with existing local government employees within the
3553contract period specified by the Department of Economic
3554Opportunity Office of Tourism, Trade, and Economic Development.
3555     (c)  Require that the appropriate governmental body provide
3556the department Office of Tourism, Trade, and Economic
3557Development with quarterly progress reports. Each quarterly
3558progress report shall contain a narrative description of the
3559work completed according to the project schedule, a description
3560of any change orders executed by the appropriate governmental
3561body, a budget summary detailing planned expenditures versus
3562actual expenditures, and identification of minority business
3563enterprises used as contractors and subcontractors. Records of
3564all progress payments made for work in connection with such
3565transportation projects, and any change orders executed by the
3566appropriate governmental body and payments made pursuant to such
3567orders, shall be maintained by that governmental body in
3568accordance with accepted governmental accounting principles and
3569practices and shall be subject to financial audit as required by
3570law. In addition, the appropriate governmental body, upon
3571completion and acceptance of the transportation project, shall
3572make certification to the department Office of Tourism, Trade,
3573and Economic Development that the project has been completed in
3574compliance with the terms and conditions of the contractual
3575agreements between the Governor, through the department, Office
3576of Tourism, Trade, and Economic Development and the appropriate
3577governmental body and meets minimum construction standards
3578established in accordance with s. 336.045.
3579     (d)  Specify that the Governor, through the department,
3580Office of Tourism, Trade, and Economic Development shall
3581transfer funds upon receipt of a request for funds from the
3582local government, on no more than a quarterly basis, consistent
3583with project needs. A contract totaling less than $200,000 is
3584exempt from this transfer requirement. The Governor, through the
3585department, may Office of Tourism, Trade, and Economic
3586Development shall not transfer any funds unless construction has
3587begun on the facility of the business on whose behalf the award
3588was made. Local governments shall expend funds in a timely
3589manner.
3590     (e)  Require that program funds be used only on those
3591transportation projects that have been properly reviewed and
3592approved in accordance with the criteria set forth in this
3593section.
3594     (f)  Require that the governing board of the appropriate
3595local governmental body agree by resolution to accept future
3596maintenance and other attendant costs occurring after completion
3597of the transportation project if the project is construction on
3598a county or municipal system.
3599     (3)  With respect to any contract executed pursuant to this
3600section, the term "transportation project" means a
3601transportation facility as defined in s. 334.03(31) which is
3602necessary in the judgment of the department Office of Tourism,
3603Trade, and Economic Development to facilitate the economic
3604development and growth of the state. Except for applications
3605received prior to July 1, 1996, Such transportation projects
3606shall be approved only as a consideration to attract new
3607employment opportunities to the state or expand or retain
3608employment in existing companies operating within the state, or
3609to allow for the construction or expansion of a state or federal
3610correctional facility in a county with a population of 75,000 or
3611less that creates new employment opportunities or expands or
3612retains employment in the county. The department Office of
3613Tourism, Trade, and Economic Development shall institute
3614procedures to ensure that small and minority businesses have
3615equal access to funding provided under this section. Funding for
3616approved transportation projects may include any expenses, other
3617than administrative costs and equipment purchases specified in
3618the contract, necessary for new, or improvement to existing,
3619transportation facilities. Funds made available pursuant to this
3620section may not be expended in connection with the relocation of
3621a business from one community to another community in this state
3622unless the department Office of Tourism, Trade, and Economic
3623Development determines that without such relocation the business
3624will move outside this state or determines that the business has
3625a compelling economic rationale for the relocation which creates
3626additional jobs. Subject to appropriation for projects under
3627this section, any appropriation greater than $10 million shall
3628be allocated to each of the districts of the Department of
3629Transportation to ensure equitable geographical distribution.
3630Such allocated funds that remain uncommitted by the third
3631quarter of the fiscal year shall be reallocated among the
3632districts based on pending project requests.
3633     (4)  The Department of Economic Opportunity Office of
3634Tourism, Trade, and Economic Development may adopt criteria by
3635which transportation projects are to be reviewed and certified
3636in accordance with s. 288.061. In approving transportation
3637projects for funding, the Governor, through the Department of
3638Economic Opportunity, Office of Tourism, Trade, and Economic
3639Development shall consider factors including, but not limited
3640to, the cost per job created or retained considering the amount
3641of transportation funds requested; the average hourly rate of
3642wages for jobs created; the reliance on the program as an
3643inducement for the project's location decision; the amount of
3644capital investment to be made by the business; the demonstrated
3645local commitment; the location of the project in an enterprise
3646zone designated pursuant to s. 290.0055; the location of the
3647project in a spaceport territory as defined in s. 331.304; the
3648unemployment rate of the surrounding area; the poverty rate of
3649the community; and the adoption of an economic element as part
3650of its local comprehensive plan in accordance with s.
3651163.3177(7)(j). The Department of Economic Opportunity Office of
3652Tourism, Trade, and Economic Development may contact any agency
3653it deems appropriate for additional input regarding the approval
3654of projects.
3655     (5)  A No project is not eligible for funding unless it
3656that has not been specified and identified by the Department of
3657Economic Opportunity Office of Tourism, Trade, and Economic
3658Development in accordance with subsection (4) before prior to
3659the initiation of construction shall be eligible for funding.
3660     (6)  The Department of Transportation shall review the
3661proposed projects to ensure proper coordination with
3662transportation projects included in the adopted work program and
3663may be the contracting agency when the project is on the State
3664Highway System. In addition, upon request by the appropriate
3665governmental body, the Department of Environment Protection may
3666advise and assist it or plan and construct other such
3667transportation projects for it.
3668     (7)  For the purpose of this section, Space Florida may
3669serve as the local government or as the contracting agency for
3670transportation projects within spaceport territory as defined by
3671s. 331.304.
3672     (8)  Each local government receiving funds under this
3673section shall submit to the Department of Economic Opportunity
3674Office of Tourism, Trade, and Economic Development a financial
3675audit of the local entity conducted by an independent certified
3676public accountant. The Department of Economic Opportunity Office
3677of Tourism, Trade, and Economic Development shall develop
3678procedures to ensure that audits are received and reviewed in a
3679timely manner and that deficiencies or questioned costs noted in
3680the audit are resolved.
3681     (9)  The Department of Economic Opportunity Office of
3682Tourism, Trade, and Economic Development shall monitor on site
3683each grant recipient, including, but not limited to, the
3684construction of the business facility, to ensure compliance with
3685contractual requirements.
3686     (10)  In addition to the other provisions of this section,
3687projects that the Legislature deems necessary to facilitate the
3688economic development and growth of the state may be designated
3689and funded in the General Appropriations Act. Such
3690transportation projects create new employment opportunities,
3691expand transportation infrastructure, improve mobility, or
3692increase transportation innovation. The Governor, through the
3693Department of Economic Opportunity, Office of Tourism, Trade,
3694and Economic Development shall enter into contracts with, and
3695make expenditures to, the appropriate entities for the costs of
3696transportation projects designated in the General Appropriations
3697Act.
3698     Section 57.  Section 288.065, Florida Statutes, is amended
3699to read:
3700     288.065  Rural Community Development Revolving Loan Fund.-
3701     (1)  The Rural Community Development Revolving Loan Fund
3702Program is established within the department in the Office of
3703Tourism, Trade, and Economic Development to facilitate the use
3704of existing federal, state, and local financial resources by
3705providing local governments with financial assistance to further
3706promote the economic viability of rural communities. These funds
3707may be used to finance initiatives directed toward maintaining
3708or developing the economic base of rural communities, especially
3709initiatives addressing employment opportunities for residents of
3710these communities.
3711     (2)(a)  The program shall provide for long-term loans, loan
3712guarantees, and loan loss reserves to units of local
3713governments, or economic development organizations substantially
3714underwritten by a unit of local government, within counties with
3715populations of 75,000 or fewer, or within any county with a
3716population of 125,000 or fewer which is contiguous to a county
3717with a population of 75,000 or fewer, based on the most recent
3718official population estimate as determined under s. 186.901,
3719including those residing in incorporated areas and those
3720residing in unincorporated areas of the county, or to units of
3721local government, or economic development organizations
3722substantially underwritten by a unit of local government, within
3723a rural area of critical economic concern.
3724     (b)  Requests for loans shall be made by application to the
3725department Office of Tourism, Trade, and Economic Development.
3726Loans shall be made pursuant to agreements specifying the terms
3727and conditions agreed to between the applicant and the Governor
3728Office of Tourism, Trade, and Economic Development. The loans
3729shall be the legal obligations of the applicant.
3730     (c)  All repayments of principal and interest shall be
3731returned to the loan fund and made available for loans to other
3732applicants. However, in a rural area of critical economic
3733concern designated by the Governor, and upon approval by the
3734Governor Office of Tourism, Trade, and Economic Development,
3735repayments of principal and interest may be retained by the
3736applicant if such repayments are dedicated and matched to fund
3737regionally based economic development organizations representing
3738the rural area of critical economic concern.
3739     (3)  The department Office of Tourism, Trade, and Economic
3740Development shall manage the fund, establishing loan practices
3741that must include, but are not limited to, procedures for
3742establishing loan interest rates, uses of funding, application
3743procedures, and application review procedures. The Governor
3744Office of Tourism, Trade, and Economic Development shall have
3745final approval authority for any loan under this section.
3746     (4)  Notwithstanding the provisions of s. 216.301, funds
3747appropriated for this purpose are shall not be subject to
3748reversion.
3749     Section 58.  Section 288.0655, Florida Statutes, is amended
3750to read:
3751     288.0655  Rural Infrastructure Fund.-
3752     (1)  There is created within the department Office of
3753Tourism, Trade, and Economic Development the Rural
3754Infrastructure Fund to facilitate the planning, preparing, and
3755financing of infrastructure projects in rural communities which
3756will encourage job creation, capital investment, and the
3757strengthening and diversification of rural economies by
3758promoting tourism, trade, and economic development.
3759     (2)(a)  Funds appropriated by the Legislature shall be
3760distributed by the department Office through grant programs that
3761maximize the use of federal, local, and private resources,
3762including, but not limited to, those available under the Small
3763Cities Community Development Block Grant Program.
3764     (b)  To facilitate access of rural communities and rural
3765areas of critical economic concern as defined by the Rural
3766Economic Development Initiative to infrastructure funding
3767programs of the Federal Government, such as those offered by the
3768United States Department of Agriculture and the United States
3769Department of Commerce, and state programs, including those
3770offered by Rural Economic Development Initiative agencies, and
3771to facilitate local government or private infrastructure funding
3772efforts, the Governor Office may award grants for up to 30
3773percent of the total infrastructure project cost. If an
3774application for funding is for a catalyst site, as defined in s.
3775288.0656, the Governor Office may award grants for up to 40
3776percent of the total infrastructure project cost. Eligible
3777projects must be related to specific job-creation or job-
3778retention opportunities. Eligible projects may also include
3779improving any inadequate infrastructure that has resulted in
3780regulatory action that prohibits economic or community growth or
3781reducing the costs to community users of proposed infrastructure
3782improvements that exceed such costs in comparable communities.
3783Eligible uses of funds shall include improvements to public
3784infrastructure for industrial or commercial sites and upgrades
3785to or development of public tourism infrastructure. Authorized
3786infrastructure may include the following public or public-
3787private partnership facilities: storm water systems;
3788telecommunications facilities; broadband facilities; roads or
3789other remedies to transportation impediments; nature-based
3790tourism facilities; or other physical requirements necessary to
3791facilitate tourism, trade, and economic development activities
3792in the community. Authorized infrastructure may also include
3793publicly or privately owned self-powered nature-based tourism
3794facilities, publicly owned telecommunications facilities, and
3795broadband facilities, and additions to the distribution
3796facilities of the existing natural gas utility as defined in s.
3797366.04(3)(c), the existing electric utility as defined in s.
3798366.02, or the existing water or wastewater utility as defined
3799in s. 367.021(12), or any other existing water or wastewater
3800facility, which owns a gas or electric distribution system or a
3801water or wastewater system in this state where:
3802     1.  A contribution-in-aid of construction is required to
3803serve public or public-private partnership facilities under the
3804tariffs of any natural gas, electric, water, or wastewater
3805utility as defined herein; and
3806     2.  Such utilities as defined herein are willing and able
3807to provide such service.
3808     (c)  To facilitate timely response and induce the location
3809or expansion of specific job creating opportunities, the
3810Governor Office may award grants for infrastructure feasibility
3811studies, design and engineering activities, or other
3812infrastructure planning and preparation activities. Authorized
3813grants shall be up to $50,000 for an employment project with a
3814business committed to create at least 100 jobs;, up to $150,000
3815for an employment project with a business committed to create at
3816least 300 jobs;, and up to $300,000 for a project in a rural
3817area of critical economic concern. Grants awarded under this
3818paragraph may be used in conjunction with grants awarded under
3819paragraph (b), provided that the total amount of both grants
3820does not exceed 30 percent of the total project cost. In
3821evaluating applications under this paragraph, the department
3822Office shall consider the extent to which the application seeks
3823to minimize administrative and consultant expenses.
3824     (d)  By September 1, 1999, The department Office shall
3825participate in pursue execution of a memorandum of agreement
3826with the United States Department of Agriculture under which
3827state funds available through the Rural Infrastructure Fund may
3828be advanced, in excess of the prescribed state share, for a
3829project that has received from the United States Department of
3830Agriculture a preliminary determination of eligibility for
3831federal financial support. State funds in excess of the
3832prescribed state share which are advanced pursuant to this
3833paragraph and the memorandum of agreement shall be reimbursed
3834when funds are awarded under an application for federal funding.
3835     (e)  To enable local governments to access the resources
3836available pursuant to s. 403.973(18), the Governor Office may
3837award grants for surveys, feasibility studies, and other
3838activities related to the identification and preclearance review
3839of land which is suitable for preclearance review. Authorized
3840grants under this paragraph may shall not exceed $75,000 each,
3841except in the case of a project in a rural area of critical
3842economic concern, in which case the grant may shall not exceed
3843$300,000. Any funds awarded under this paragraph must be matched
3844at a level of 50 percent with local funds, except that any funds
3845awarded for a project in a rural area of critical economic
3846concern must be matched at a level of 33 percent with local
3847funds. If an application for funding is for a catalyst site, as
3848defined in s. 288.0656, the requirement for local match may be
3849waived pursuant to the process in s. 288.06561. In evaluating
3850applications under this paragraph, the Department of Economic
3851Opportunity office shall consider the extent to which the
3852application seeks to minimize administrative and consultant
3853expenses.
3854     (3)  The Department of Economic Opportunity office, in
3855consultation with Enterprise Florida, Inc., VISIT Florida, the
3856Department of Environmental Protection, and the Florida Fish and
3857Wildlife Conservation Commission, as appropriate, shall review
3858and certify applications pursuant to s. 288.061. The review
3859shall include an evaluation of the economic benefit of the
3860projects and their long-term viability. The Governor office
3861shall have final approval for any grant under this section.
3862     (4)  By September 1, 2012 1999, the department office
3863shall, in consultation with the organizations listed in
3864subsection (3), and other organizations, reevaluate existing
3865develop guidelines and criteria governing submission of
3866applications for funding, review and evaluation of such
3867applications, and approval of funding under this section. The
3868department office shall consider factors including, but not
3869limited to, the project's potential for enhanced job creation or
3870increased capital investment, the demonstration and level of
3871local public and private commitment, whether the project is
3872located location of the project in an enterprise zone, the
3873location of the project in a community development corporation
3874service area, or in an urban high-crime area as the location of
3875the project in a county designated under s. 212.097, the
3876unemployment rate of the county in which the project would be
3877located surrounding area, and the poverty rate of the community.
3878     (5)  Notwithstanding the provisions of s. 216.301, funds
3879appropriated for the purposes of this section are shall not be
3880subject to reversion.
3881     Section 59.  Paragraph (b) of subsection (1), paragraphs
3882(b) and (e) of subsection (2), paragraph (a) of subsection (6),
3883and subsection (7) of section 288.0656, Florida Statutes, are
3884amended to read:
3885     288.0656  Rural Economic Development Initiative.-
3886     (1)(b)  The Rural Economic Development Initiative, known as
3887"REDI," is created within the department Office of Tourism,
3888Trade, and Economic Development, and the participation of state
3889and regional agencies in this initiative is authorized.
3890     (2)  As used in this section, the term:
3891     (b)  "Catalyst site" means a parcel or parcels of land
3892within a rural area of critical economic concern that has been
3893prioritized as a geographic site for economic development
3894through partnerships with state, regional, and local
3895organizations. The site must be reviewed by REDI and approved by
3896the department Office of Tourism, Trade, and Economic
3897Development for the purposes of locating a catalyst project.
3898     (e)  "Rural community" means:
3899     1.  A county with a population of 75,000 or fewer.
3900     2.  A county with a population of 125,000 or fewer which is
3901contiguous to a county with a population of 75,000 or fewer.
3902     3.  A municipality within a county described in
3903subparagraph 1. or subparagraph 2.
3904     4.  An unincorporated federal enterprise community or an
3905incorporated rural city with a population of 25,000 or fewer and
3906an employment base focused on traditional agricultural or
3907resource-based industries, located in a county not defined as
3908rural, which has at least three or more of the economic distress
3909factors identified in paragraph (c) and verified by the
3910department Office of Tourism, Trade, and Economic Development.
3911
3912For purposes of this paragraph, population shall be determined
3913in accordance with the most recent official estimate pursuant to
3914s. 186.901.
3915     (6)(a)  By August 1 of each year, the head of each of the
3916following agencies and organizations shall designate a deputy
3917secretary or higher-level staff person from within the agency or
3918organization to serve as the REDI representative for the agency
3919or organization:
3920     1.  The Department of Community Affairs.
3921     1.2.  The Department of Transportation.
3922     2.3.  The Department of Environmental Protection.
3923     3.4.  The Department of Agriculture and Consumer Services.
3924     4.5.  The Department of State.
3925     5.6.  The Department of Health.
3926     6.7.  The Department of Children and Family Services.
3927     7.8.  The Department of Corrections.
3928     9.  The Agency for Workforce Innovation.
3929     8.10.  The Department of Education.
3930     9.11.  The Department of Juvenile Justice.
3931     10.12.  The Fish and Wildlife Conservation Commission.
3932     11.13.  Each water management district.
3933     12.14.  Enterprise Florida, Inc.
3934     13.15.  Workforce Florida, Inc.
3935     16.  The Florida Commission on Tourism or VISIT Florida.
3936     14.17.  The Florida Regional Planning Council Association.
3937     15.18.  The Agency for Health Care Administration.
3938     16.19.  The Institute of Food and Agricultural Sciences
3939(IFAS).
3940
3941An alternate for each designee shall also be chosen, and the
3942names of the designees and alternates shall be sent to the
3943Commissioner of Economic Opportunity director of the Office of
3944Tourism, Trade, and Economic Development.
3945     (7)(a)  REDI may recommend to the Governor up to three
3946rural areas of critical economic concern. The Governor may by
3947executive order designate up to three rural areas of critical
3948economic concern which will establish these areas as priority
3949assignments for REDI as well as to allow the Governor, acting
3950through REDI, to waive criteria, requirements, or similar
3951provisions of any economic development incentive. Such
3952incentives shall include, but not be limited to: the Qualified
3953Target Industry Tax Refund Program under s. 288.106, the Quick
3954Response Training Program under s. 288.047, the Quick Response
3955Training Program for participants in the welfare transition
3956program under s. 288.047(8), transportation projects under s.
3957288.063, the brownfield redevelopment bonus refund under s.
3958288.107, and the rural job tax credit program under ss. 212.098
3959and 220.1895.
3960     (b)  Designation as a rural area of critical economic
3961concern under this subsection shall be contingent upon the
3962execution of a memorandum of agreement among the Governor,
3963through the Department of Economic Opportunity Office of
3964Tourism, Trade, and Economic Development; the governing body of
3965the county; and the governing bodies of any municipalities to be
3966included within a rural area of critical economic concern. Such
3967agreement shall specify the terms and conditions of the
3968designation, including, but not limited to, the duties and
3969responsibilities of the county and any participating
3970municipalities to take actions designed to facilitate the
3971retention and expansion of existing businesses in the area, as
3972well as the recruitment of new businesses to the area.
3973     (c)  Each rural area of critical economic concern may
3974designate catalyst projects, provided that each catalyst project
3975is specifically recommended by REDI, identified as a catalyst
3976project by Enterprise Florida, Inc., and confirmed as a catalyst
3977project by the department Office of Tourism, Trade, and Economic
3978Development. All state agencies and departments shall use all
3979available tools and resources to the extent permissible by law
3980to promote the creation and development of each catalyst project
3981and the development of catalyst sites.
3982     Section 60.  Subsections (2) and (3) of section 288.06561,
3983Florida Statutes, are amended to read:
3984     288.06561  Reduction or waiver of financial match
3985requirements.-Notwithstanding any other law, the member agencies
3986and organizations of the Rural Economic Development Initiative
3987(REDI), as defined in s. 288.0656(6)(a), shall review the
3988financial match requirements for projects in rural areas as
3989defined in s. 288.0656(2).
3990     (2)  Agencies and organizations shall ensure that all
3991proposals are submitted to the department Office of Tourism,
3992Trade, and Economic Development for review by the REDI agencies.
3993     (3)  These proposals shall be delivered to the department
3994Office of Tourism, Trade, and Economic Development for
3995distribution to the REDI agencies and organizations. A meeting
3996of REDI agencies and organizations must be called within 30 days
3997after receipt of such proposals for REDI comment and
3998recommendations on each proposal.
3999     Section 61.  Subsections (2) and (4) of section 288.0657,
4000Florida Statutes, are amended to read:
4001     288.0657  Florida rural economic development strategy
4002grants.-
4003     (2)  The department Office of Tourism, Trade, and Economic
4004Development may accept and administer moneys appropriated to the
4005department office for providing grants to assist rural
4006communities to develop and implement strategic economic
4007development plans.
4008     (4)  The department Enterprise Florida, Inc., and VISIT
4009Florida, shall establish criteria for reviewing grant
4010applications. These criteria shall include, but are not limited
4011to, the degree of participation and commitment by the local
4012community and the application's consistency with local
4013comprehensive plans or the application's proposal to ensure such
4014consistency. The department International Trade and Economic
4015Development Board of Enterprise Florida, Inc., and VISIT
4016Florida, shall review each application for a grant and shall
4017submit annually to the Office for approval a list of all
4018applications that are recommended by the board and VISIT
4019Florida, arranged in order of priority. The Governor office may
4020approve grants only to the extent that funds are appropriated
4021for such grants by the Legislature.
4022     Section 62.  Section 288.0658, Florida Statutes, is amended
4023to read:
4024     288.0658  Nature-based recreation; promotion and other
4025assistance by Fish and Wildlife Conservation Commission.-The
4026Florida Fish and Wildlife Conservation Commission is directed to
4027assist the Division of Tourism Marketing of Enterprise Florida,
4028Inc. Florida Commission on Tourism; the Florida Tourism Industry
4029Marketing Corporation, doing business as VISIT Florida;
4030convention and visitor bureaus; tourist development councils;
4031economic development organizations; and local governments
4032through the provision of marketing advice, technical expertise,
4033promotional support, and product development related to nature-
4034based recreation and sustainable use of natural resources. In
4035carrying out this responsibility, the Florida Fish and Wildlife
4036Conservation Commission shall focus its efforts on fostering
4037nature-based recreation in rural communities and regions
4038encompassing rural communities. As used in this section, the
4039term "nature-based recreation" means leisure activities related
4040to the state's lands, waters, and fish and wildlife resources,
4041including, but not limited to, wildlife viewing, fishing,
4042hiking, canoeing, kayaking, camping, hunting, backpacking, and
4043nature photography.
4044     Section 63.  Section 288.0659, Florida Statutes, is amended
4045to read:
4046     288.0659  Local Government Distressed Area Matching Grant
4047Program.-
4048     (1)  The Local Government Distressed Area Matching Grant
4049Program is created within the department Office of Tourism,
4050Trade, and Economic Development. The purpose of the program is
4051to stimulate investment in the state's economy by providing
4052grants to match demonstrated business assistance by local
4053governments to attract and retain businesses in this state.
4054     (2)  As used in this section, the term:
4055     (a)  "Local government" means a county or municipality.
4056     (b)  "Office" means the Office of Tourism, Trade, and
4057Economic Development.
4058     (b)(c)  "Qualified business assistance" means economic
4059incentives provided by a local government for the purpose of
4060attracting or retaining a specific business, including, but not
4061limited to, suspensions, waivers, or reductions of impact fees
4062or permit fees; direct incentive payments; expenditures for
4063onsite or offsite improvements directly benefiting a specific
4064business; or construction or renovation of buildings for a
4065specific business.
4066     (3)  The department Office may accept and administer moneys
4067appropriated by the Legislature to the Office for providing
4068grants to match expenditures by local governments to attract or
4069retain businesses in this state.
4070     (4)  A local government may apply for grants to match
4071qualified business assistance made by the local government for
4072the purpose of attracting or retaining a specific business. A
4073local government may apply for no more than one grant per
4074targeted business. A local government may only have one
4075application pending with the department Office. Additional
4076applications may be filed after a previous application is has
4077been approved or denied.
4078     (5)  To qualify for a grant, the business being targeted by
4079a local government must create at least 15 full-time jobs, must
4080be new to this state, must be expanding its operations in this
4081state, or would otherwise leave the state absent state and local
4082assistance, and the local government applying for the grant must
4083expedite its permitting processes for the target business by
4084accelerating the normal review and approval timelines. In
4085addition to these requirements, the department office shall
4086review the grant requests using the following evaluation
4087criteria, with priority given in descending order:
4088     (a)  The presence and degree of pervasive poverty,
4089unemployment, and general distress as determined pursuant to s.
4090290.0058 in the area where the business will locate, with
4091priority given to locations with greater degrees of poverty,
4092unemployment, and general distress.
4093     (b)  The extent of reliance on the local government
4094expenditure as an inducement for the business's location
4095decision, with priority given to higher levels of local
4096government expenditure.
4097     (c)  The number of new full-time jobs created, with
4098priority given to higher numbers of jobs created.
4099     (d)  The average hourly wage for jobs created, with
4100priority given to higher average wages.
4101     (e)  The amount of capital investment to be made by the
4102business, with priority given to higher amounts of capital
4103investment.
4104     (6)  In evaluating grant requests, the department Office
4105shall take into consideration the need for grant assistance as
4106it relates to the local government's general fund balance as
4107well as local incentive programs that are already in existence.
4108     (7)  Funds made available pursuant to this section may not
4109be expended in connection with the relocation of a business from
4110one community to another community in this state unless the
4111department Office determines that without such relocation the
4112business will move outside this state or determines that the
4113business has a compelling economic rationale for the relocation
4114which creates additional jobs. Funds made available pursuant to
4115this section may not be used by the receiving local government
4116to supplant matching commitments required of the local
4117government pursuant to other state or federal incentive
4118programs.
4119     (8)  Within 30 days after the department Office receives an
4120application for a grant, the Governor Office shall approve a
4121preliminary grant allocation or disapprove the application. The
4122preliminary grant allocation shall be based on estimates of
4123qualified business assistance submitted by the local government
4124and shall equal 50 percent of the amount of the estimated
4125qualified business assistance or $50,000, whichever is less. The
4126preliminary grant allocation shall be executed by contract with
4127the local government. The contract shall set forth the terms and
4128conditions, including the timeframes within which the final
4129grant award will be disbursed. The final grant award may not
4130exceed the preliminary grant allocation. The Governor Office may
4131approve preliminary grant allocations only to the extent that
4132funds are appropriated for such grants by the Legislature.
4133     (a)  Preliminary grant allocations that are revoked or
4134voluntarily surrendered shall be immediately available for
4135reallocation.
4136     (b)  Recipients of preliminary grant allocations shall
4137promptly report to the department Office the date on which the
4138local government's permitting and approval process is completed
4139and the date on which all qualified business assistance is
4140completed.
4141     (9)  The Governor Office shall make a final grant award to
4142a local government within 30 days after receiving information
4143from the local government sufficient to demonstrate actual
4144qualified business assistance. An awarded grant amount shall
4145equal 50 percent of the amount of the qualified business
4146assistance or $50,000, whichever is less, and may not exceed the
4147preliminary grant allocation. The amount by which a preliminary
4148grant allocation exceeds a final grant award shall be
4149immediately available for reallocation.
4150     (10)  Up to 2 percent of the funds appropriated annually by
4151the Legislature for the program may be used by the department
4152Office for direct administrative costs associated with
4153implementing this section.
4154     Section 64.  Paragraph (a) of subsection (1) of section
4155288.075, Florida Statutes, is amended to read:
4156     288.075  Confidentiality of records.-
4157     (1)  DEFINITIONS.-As used in this section, the term:
4158     (a)  "Economic development agency" means:
4159     1.  The department Office of Tourism, Trade, and Economic
4160Development;
4161     2.  Any industrial development authority created in
4162accordance with part III of chapter 159 or by special law;
4163     3.  Space Florida created in part II of chapter 331;
4164     4.  The public economic development agency of a county or
4165municipality or, if the county or municipality does not have a
4166public economic development agency, the county or municipal
4167officers or employees assigned the duty to promote the general
4168business interests or industrial interests of that county or
4169municipality or the responsibilities related thereto;
4170     5.  Any research and development authority created in
4171accordance with part V of chapter 159; or
4172     6.  Any private agency, person, partnership, corporation,
4173or business entity when authorized by the state, a municipality,
4174or a county to promote the general business interests or
4175industrial interests of the state or that municipality or
4176county.
4177     Section 65. Section 288.095, Florida Statutes, is amended
4178to read:
4179     288.095  Economic Development Trust Fund.-
4180     (1)  The Economic Development Trust Fund is created within
4181the department Office of Tourism, Trade, and Economic
4182Development. Moneys deposited into the fund must be used only to
4183support the authorized activities and operations of the
4184department Office.
4185     (2)  There is created, within the Economic Development
4186Trust Fund, the Economic Development Incentives Account. The
4187Economic Development Incentives Account consists of moneys
4188appropriated to the account for purposes of the tax incentives
4189programs authorized under ss. 288.1045 and 288.106, and local
4190financial support provided under ss. 288.1045 and 288.106.
4191Moneys in the Economic Development Incentives Account are shall
4192be subject to the provisions of s. 216.301(1)(a).
4193     (3)(a)  The department Office of Tourism, Trade, and
4194Economic Development may approve applications for certification
4195pursuant to ss. 288.1045(3) and 288.106. However, the total
4196state share of tax refund payments scheduled in all active
4197certifications for fiscal year 2001-2002 may not exceed $30
4198million. The total for each subsequent fiscal year may not
4199exceed $35 million.
4200     (b)  The total amount of tax refund claims approved for
4201payment by the Governor Office of Tourism, Trade, and Economic
4202Development based on actual project performance may not exceed
4203the amount appropriated to the Economic Development Incentives
4204Account for such purposes for the fiscal year. Claims for tax
4205refunds under ss. 288.1045 and 288.106 shall be paid in the
4206order the claims are approved by the Governor Office of Tourism,
4207Trade, and Economic Development. If In the event the Legislature
4208does not appropriate an amount sufficient to satisfy the tax
4209refunds under ss. 288.1045 and 288.106 in a fiscal year, the
4210department Office of Tourism, Trade, and Economic Development
4211shall pay the tax refunds from the appropriation for the
4212following fiscal year. By March 1 of each year, the department
4213Office of Tourism, Trade, and Economic Development shall notify
4214the legislative appropriations committees of the Senate and
4215House of Representatives of any anticipated shortfall in the
4216amount of funds needed to satisfy claims for tax refunds from
4217the appropriation for the current fiscal year.
4218     (c)  The department, pursuant to s. 288.907 By December 31
4219of each year, Enterprise Florida, Inc., shall submit a complete
4220and detailed annual report to the Governor, the President of the
4221Senate, and the Speaker of the House of Representatives, and the
4222director of the Office of Tourism, Trade, and Economic
4223Development of all applications received, recommendations made
4224to the department Office of Tourism, Trade, and Economic
4225Development, final decisions issued, tax refund agreements
4226executed, and tax refunds paid or other payments made under all
4227programs funded out of the Economic Development Incentives
4228Account, including analyses of benefits and costs, types of
4229projects supported, and employment and investment created. The
4230department Enterprise Florida, Inc., shall also include a
4231separate analysis of the impact of such tax refunds on state
4232enterprise zones designated pursuant to s. 290.0065, rural
4233communities, brownfield areas, and distressed urban communities.
4234The report must also discuss the efforts made by the department
4235Office of Tourism, Trade, and Economic Development to amend tax
4236refund agreements to require tax refund claims to be submitted
4237by January 31 for the net new full-time equivalent jobs in this
4238state as of December 31 of the preceding calendar year. The
4239report must also list the name and tax refund amount for each
4240business that has received a tax refund under s. 288.1045 or s.
4241288.106 during the preceding fiscal year. The Office of Tourism,
4242Trade, and Economic Development shall assist Enterprise Florida,
4243Inc., in the collection of data related to business performance
4244and incentive payments.
4245     (d)  Moneys in the Economic Development Incentives Account
4246may be used only to pay tax refunds and make other payments
4247authorized under s. 288.1045, s. 288.106, or s. 288.107.
4248     (e)  The department Office of Tourism, Trade, and Economic
4249Development may adopt rules necessary to carry out the
4250provisions of this subsection, including rules providing for the
4251use of moneys in the Economic Development Incentives Account and
4252for the administration of the Economic Development Incentives
4253Account.
4254     Section 66.  Paragraphs (q) through (u) of subsection (1)
4255of section 288.1045, Florida Statutes, are redesignated as
4256paragraphs (o) through (s), respectively, and present paragraphs
4257(c), (h), (p), and (r) of subsection (1), paragraphs (a), (d),
4258(e), (f), (h) of subsection (2), subsections (3) and (4),
4259paragraphs (a), (d), (e), and (g) of subsection (5), paragraphs
4260(a), (b), and (c) of subsection (6), and subsections (7) and (8)
4261are amended to read:
4262     288.1045  Qualified defense contractor and space flight
4263business tax refund program.-
4264     (1)  DEFINITIONS.-As used in this section:
4265     (c)  "Business unit" means an employing unit, as defined in
4266s. 443.036, that is registered with the department Agency for
4267Workforce Innovation for unemployment compensation purposes or
4268means a subcategory or division of an employing unit that is
4269accepted by the department Agency for Workforce Innovation as a
4270reporting unit.
4271     (h)  "Director" means the director of the Office of
4272Tourism, Trade, and Economic Development.
4273     (p)  "Office" means the Office of Tourism, Trade, and
4274Economic Development.
4275     (p)(r)  "Qualified applicant" means an applicant that has
4276been approved by the department director to be eligible for tax
4277refunds pursuant to this section.
4278     (2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.-
4279     (a)  There shall be allowed, from the Economic Development
4280Trust Fund, a refund to a qualified applicant for the amount of
4281eligible taxes certified by the department director which were
4282paid by such qualified applicant. The total amount of refunds
4283for all fiscal years for each qualified applicant shall be
4284determined pursuant to subsection (3). The annual amount of a
4285refund to a qualified applicant shall be determined pursuant to
4286subsection (5).
4287     (d)  Contingent upon an annual appropriation by the
4288Legislature, the Governor director may approve not more in tax
4289refunds than the amount appropriated to the Economic Development
4290Trust Fund for tax refunds, for a fiscal year pursuant to
4291subsection (5) and s. 288.095.
4292     (e)  For the first 6 months of each fiscal year, the
4293department director shall set aside 30 percent of the amount
4294appropriated for refunds pursuant to this section by the
4295Legislature to provide tax refunds only to qualified applicants
4296who employ 500 or fewer full-time employees in this state. Any
4297unencumbered funds remaining undisbursed from this set-aside at
4298the end of the 6-month period may be used to provide tax refunds
4299for any qualified applicants pursuant to this section.
4300     (f)  After entering into a tax refund agreement pursuant to
4301subsection (4), a qualified applicant may:
4302     1.  Receive refunds from the account for corporate income
4303taxes due and paid pursuant to chapter 220 by that business
4304beginning with the first taxable year of the business which
4305begins after entering into the agreement.
4306     2.  Receive refunds from the account for the following
4307taxes due and paid by that business after entering into the
4308agreement:
4309     a.  Taxes on sales, use, and other transactions paid
4310pursuant to chapter 212.
4311     b.  Intangible personal property taxes paid pursuant to
4312chapter 199.
4313     c.  Emergency excise taxes paid pursuant to chapter 221.
4314     d.  Excise taxes paid on documents pursuant to chapter 201.
4315     e.  Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
4316June 1, 1996.
4317     f.  State communications services taxes administered under
4318chapter 202. This provision does not apply to the gross receipts
4319tax imposed under chapter 203 and administered under chapter 202
4320or the local communications services tax authorized under s.
4321202.19.
4322
4323However, a qualified applicant may not receive a tax refund
4324pursuant to this section for any amount of credit, refund, or
4325exemption granted such contractor for any of such taxes. If a
4326refund for such taxes is provided by the department Office,
4327which taxes are subsequently adjusted by the application of any
4328credit, refund, or exemption granted to the qualified applicant
4329other than that provided in this section, the qualified
4330applicant shall reimburse the Economic Development Trust Fund
4331for the amount of such credit, refund, or exemption. A qualified
4332applicant must notify and tender payment to the department
4333office within 20 days after receiving a credit, refund, or
4334exemption, other than that provided in this section. The
4335addition of communications services taxes administered under
4336chapter 202 is remedial in nature and retroactive to October 1,
43372001. The Office may make supplemental tax refund payments to
4338allow for tax refunds for communications services taxes paid by
4339an eligible qualified defense contractor after October 1, 2001.
4340     (h)  Funds made available pursuant to this section may not
4341be expended in connection with the relocation of a business from
4342one community to another community in this state unless the
4343department Office of Tourism, Trade, and Economic Development
4344determines that without such relocation the business will move
4345outside this state or determines that the business has a
4346compelling economic rationale for the relocation which creates
4347additional jobs.
4348     (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY
4349DETERMINATION.-
4350     (a)  To apply for certification as a qualified applicant
4351pursuant to this section, an applicant must file an application
4352with the department Office which satisfies the requirements of
4353paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
4354and (e), or paragraphs (e) and (j). An applicant may not apply
4355for certification pursuant to this section after a proposal has
4356been submitted for a new Department of Defense contract, after
4357the applicant has made the decision to consolidate an existing
4358Department of Defense contract in this state for which such
4359applicant is seeking certification, after a proposal has been
4360submitted for a new space flight business contract in this
4361state, after the applicant has made the decision to consolidate
4362an existing space flight business contract in this state for
4363which such applicant is seeking certification, or after the
4364applicant has made the decision to convert defense production
4365jobs to nondefense production jobs for which such applicant is
4366seeking certification.
4367     (b)  Applications for certification based on the
4368consolidation of a Department of Defense contract or a new
4369Department of Defense contract must be submitted to the
4370Department of Economic Opportunity Office as prescribed by the
4371department Office and must include, but are not limited to, the
4372following information:
4373     1.  The applicant's federal employer identification number,
4374the applicant's Florida sales tax registration number, and a
4375signature of an officer of the applicant.
4376     2.  The permanent location of the manufacturing,
4377assembling, fabricating, research, development, or design
4378facility in this state at which the project is or is to be
4379located.
4380     3.  The Department of Defense contract numbers of the
4381contract to be consolidated, the new Department of Defense
4382contract number, or the "RFP" number of a proposed Department of
4383Defense contract.
4384     4.  The date the contract was executed or is expected to be
4385executed, and the date the contract is due to expire or is
4386expected to expire.
4387     5.  The commencement date for project operations under the
4388contract in this state.
4389     6.  The number of net new full-time equivalent Florida jobs
4390included in the project as of December 31 of each year and the
4391average wage of such jobs.
4392     7.  The total number of full-time equivalent employees
4393employed by the applicant in this state.
4394     8.  The percentage of the applicant's gross receipts
4395derived from Department of Defense contracts during the 5
4396taxable years immediately preceding the date the application is
4397submitted.
4398     9.  The number of full-time equivalent jobs in this state
4399to be retained by the project.
4400     10.  A brief statement concerning the applicant's need for
4401tax refunds, and the proposed uses of such refunds by the
4402applicant.
4403     11.  A resolution adopted by the governing board of the
4404county or municipality in which the project will be located,
4405which recommends the applicant be approved as a qualified
4406applicant, and which indicates that the necessary commitments of
4407local financial support for the applicant exist. Before Prior to
4408the adoption of the resolution, the county commission may review
4409the proposed public or private sources of such support and
4410determine whether the proposed sources of local financial
4411support can be provided or, for any applicant whose project is
4412located in a county designated by the Rural Economic Development
4413Initiative, a resolution adopted by the county commissioners of
4414such county requesting that the applicant's project be exempt
4415from the local financial support requirement.
4416     12.  Any additional information requested by the department
4417Office.
4418     (c)  Applications for certification based on the conversion
4419of defense production jobs to nondefense production jobs must be
4420submitted to the department Office as prescribed by the
4421department Office and must include, but are not limited to, the
4422following information:
4423     1.  The applicant's federal employer identification number,
4424the applicant's Florida sales tax registration number, and a
4425signature of an officer of the applicant.
4426     2.  The permanent location of the manufacturing,
4427assembling, fabricating, research, development, or design
4428facility in this state at which the project is or is to be
4429located.
4430     3.  The Department of Defense contract numbers of the
4431contract under which the defense production jobs will be
4432converted to nondefense production jobs.
4433     4.  The date the contract was executed, and the date the
4434contract is due to expire or is expected to expire, or was
4435canceled.
4436     5.  The commencement date for the nondefense production
4437operations in this state.
4438     6.  The number of net new full-time equivalent Florida jobs
4439included in the nondefense production project as of December 31
4440of each year and the average wage of such jobs.
4441     7.  The total number of full-time equivalent employees
4442employed by the applicant in this state.
4443     8.  The percentage of the applicant's gross receipts
4444derived from Department of Defense contracts during the 5
4445taxable years immediately preceding the date the application is
4446submitted.
4447     9.  The number of full-time equivalent jobs in this state
4448to be retained by the project.
4449     10.  A brief statement concerning the applicant's need for
4450tax refunds, and the proposed uses of such refunds by the
4451applicant.
4452     11.  A resolution adopted by the governing board of the
4453county or municipality in which the project will be located,
4454which recommends the applicant be approved as a qualified
4455applicant, and which indicates that the necessary commitments of
4456local financial support for the applicant exist. Before Prior to
4457the adoption of the resolution, the county commission may review
4458the proposed public or private sources of such support and
4459determine whether the proposed sources of local financial
4460support can be provided or, for any applicant whose project is
4461located in a county designated by the Rural Economic Development
4462Initiative, a resolution adopted by the county commissioners of
4463such county requesting that the applicant's project be exempt
4464from the local financial support requirement.
4465     12.  Any additional information requested by the Department
4466of Economic Opportunity Office.
4467     (d)  Applications for certification based on a contract for
4468reuse of a defense-related facility must be submitted to the
4469department Office as prescribed by the department office and
4470must include, but are not limited to, the following information:
4471     1.  The applicant's Florida sales tax registration number
4472and a signature of an officer of the applicant.
4473     2.  The permanent location of the manufacturing,
4474assembling, fabricating, research, development, or design
4475facility in this state at which the project is or is to be
4476located.
4477     3.  The business entity holding a valid Department of
4478Defense contract or branch of the Armed Forces of the United
4479States that previously occupied the facility, and the date such
4480entity last occupied the facility.
4481     4.  A copy of the contract to reuse the facility, or such
4482alternative proof as may be prescribed by the department office
4483that the applicant is seeking to contract for the reuse of such
4484facility.
4485     5.  The date the contract to reuse the facility was
4486executed or is expected to be executed, and the date the
4487contract is due to expire or is expected to expire.
4488     6.  The commencement date for project operations under the
4489contract in this state.
4490     7.  The number of net new full-time equivalent Florida jobs
4491included in the project as of December 31 of each year and the
4492average wage of such jobs.
4493     8.  The total number of full-time equivalent employees
4494employed by the applicant in this state.
4495     9.  The number of full-time equivalent jobs in this state
4496to be retained by the project.
4497     10.  A brief statement concerning the applicant's need for
4498tax refunds, and the proposed uses of such refunds by the
4499applicant.
4500     11.  A resolution adopted by the governing board of the
4501county or municipality in which the project will be located,
4502which recommends the applicant be approved as a qualified
4503applicant, and which indicates that the necessary commitments of
4504local financial support for the applicant exist. Before Prior to
4505the adoption of the resolution, the county commission may review
4506the proposed public or private sources of such support and
4507determine whether the proposed sources of local financial
4508support can be provided or, for any applicant whose project is
4509located in a county designated by the Rural Economic Development
4510Initiative, a resolution adopted by the county commissioners of
4511such county requesting that the applicant's project be exempt
4512from the local financial support requirement.
4513     12.  Any additional information requested by the department
4514Office.
4515     (e)  To qualify for review by the department Office, the
4516application of an applicant must, at a minimum, establish the
4517following to the satisfaction of the department office:
4518     1.  The jobs proposed to be provided under the application,
4519pursuant to subparagraph (b)6., subparagraph (c)6., or
4520subparagraph (j)6., must pay an estimated annual average wage
4521equaling at least 115 percent of the average wage in the area
4522where the project is to be located.
4523     2.  The consolidation of a Department of Defense contract
4524must result in a net increase of at least 25 percent in the
4525number of jobs at the applicant's facilities in this state or
4526the addition of at least 80 jobs at the applicant's facilities
4527in this state.
4528     3.  The conversion of defense production jobs to nondefense
4529production jobs must result in net increases in nondefense
4530employment at the applicant's facilities in this state.
4531     4.  The Department of Defense contract or the space flight
4532business contract cannot allow the business to include the costs
4533of relocation or retooling in its base as allowable costs under
4534a cost-plus, or similar, contract.
4535     5.  A business unit of the applicant must have derived not
4536less than 60 percent of its gross receipts in this state from
4537Department of Defense contracts or space flight business
4538contracts over the applicant's last fiscal year, and must have
4539derived not less than an average of 60 percent of its gross
4540receipts in this state from Department of Defense contracts or
4541space flight business contracts over the 5 years preceding the
4542date an application is submitted pursuant to this section. This
4543subparagraph does not apply to any application for certification
4544based on a contract for reuse of a defense-related facility.
4545     6.  The reuse of a defense-related facility must result in
4546the creation of at least 100 jobs at such facility.
4547     7.  A new space flight business contract or the
4548consolidation of a space flight business contract must result in
4549net increases in space flight business employment at the
4550applicant's facilities in this state.
4551     (f)  Each application meeting the requirements of
4552paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
4553and (e), or paragraphs (e) and (j) must be submitted to the
4554department office for a determination of eligibility. The
4555department Office shall review and evaluate each application
4556based on, but not limited to, the following criteria:
4557     1.  Expected contributions to the state strategic economic
4558development plan adopted by Enterprise Florida, Inc., taking
4559into account the extent to which the project contributes to the
4560state's high-technology base, and the long-term impact of the
4561project and the applicant on the state's economy.
4562     2.  The economic benefit of the jobs created or retained by
4563the project in this state, taking into account the cost and
4564average wage of each job created or retained, and the potential
4565risk to existing jobs.
4566     3.  The amount of capital investment to be made by the
4567applicant in this state.
4568     4.  The local commitment and support for the project and
4569applicant.
4570     5.  The impact of the project on the local community,
4571taking into account the unemployment rate for the county where
4572the project will be located.
4573     6.  The dependence of the local community on the defense
4574industry or space flight business.
4575     7.  The impact of any tax refunds granted pursuant to this
4576section on the viability of the project and the probability that
4577the project will occur in this state if such tax refunds are
4578granted to the applicant, taking into account the expected long-
4579term commitment of the applicant to economic growth and
4580employment in this state.
4581     8.  The length of the project, or the expected long-term
4582commitment to this state resulting from the project.
4583     (g)  Applications shall be reviewed and certified pursuant
4584to s. 288.061. If appropriate, the Governor director shall enter
4585into a written agreement with the qualified applicant pursuant
4586to subsection (4).
4587     (h)  The department director may not certify any applicant
4588as a qualified applicant when the value of tax refunds to be
4589included in that letter of certification exceeds the available
4590amount of authority to certify new businesses as determined in
4591s. 288.095(3). A letter of certification that approves an
4592application must specify the maximum amount of a tax refund that
4593is to be available to the contractor for each fiscal year and
4594the total amount of tax refunds for all fiscal years.
4595     (i)  This section does not create a presumption that an
4596applicant should receive any tax refunds under this section.
4597     (j)  Applications for certification based upon a new space
4598flight business contract or the consolidation of a space flight
4599business contract must be submitted to the department office as
4600prescribed by the department office and must include, but are
4601not limited to, the following information:
4602     1.  The applicant's federal employer identification number,
4603the applicant's Florida sales tax registration number, and a
4604signature of an officer of the applicant.
4605     2.  The permanent location of the space flight business
4606facility in this state where the project is or will be located.
4607     3.  The new space flight business contract number, the
4608space flight business contract numbers of the contract to be
4609consolidated, or the request-for-proposal number of a proposed
4610space flight business contract.
4611     4.  The date the contract was executed and the date the
4612contract is due to expire, is expected to expire, or was
4613canceled.
4614     5.  The commencement date for project operations under the
4615contract in this state.
4616     6.  The number of net new full-time equivalent Florida jobs
4617included in the project as of December 31 of each year and the
4618average wage of such jobs.
4619     7.  The total number of full-time equivalent employees
4620employed by the applicant in this state.
4621     8.  The percentage of the applicant's gross receipts
4622derived from space flight business contracts during the 5
4623taxable years immediately preceding the date the application is
4624submitted.
4625     9.  The number of full-time equivalent jobs in this state
4626to be retained by the project.
4627     10.  A brief statement concerning the applicant's need for
4628tax refunds and the proposed uses of such refunds by the
4629applicant.
4630     11.  A resolution adopted by the governing board of the
4631county or municipality in which the project will be located
4632which recommends the applicant be approved as a qualified
4633applicant and indicates that the necessary commitments of local
4634financial support for the applicant exist. Before Prior to the
4635adoption of the resolution, the county commission may review the
4636proposed public or private sources of such support and determine
4637whether the proposed sources of local financial support can be
4638provided or, for any applicant whose project is located in a
4639county designated by the Rural Economic Development Initiative,
4640a resolution adopted by the county commissioners of such county
4641requesting that the applicant's project be exempt from the local
4642financial support requirement.
4643     12.  Any additional information requested by the department
4644office.
4645     (4)  QUALIFIED APPLICANT TAX REFUND AGREEMENT.-
4646     (a)  A qualified applicant shall enter into a written
4647agreement with the Governor Office containing, but not limited
4648to, the following:
4649     1.  The total number of full-time equivalent jobs in this
4650state that are or will be dedicated to the qualified applicant's
4651project, the average wage of such jobs, the definitions that
4652will apply for measuring the achievement of these terms during
4653the pendency of the agreement, and a time schedule or plan for
4654when such jobs will be in place and active in this state.
4655     2.  The maximum amount of a refund that the qualified
4656applicant is eligible to receive for each fiscal year, based on
4657the job creation or retention and maintenance schedule specified
4658in subparagraph 1.
4659     3.  An agreement with the Governor Office allowing the
4660department Office to review and verify the financial and
4661personnel records of the qualified applicant to ascertain
4662whether the qualified applicant is complying with the
4663requirements of this section.
4664     4.  The date by which, in each fiscal year, the qualified
4665applicant may file a claim pursuant to subsection (5) to be
4666considered to receive a tax refund in the following fiscal year.
4667     5.  That local financial support shall be annually
4668available and will be paid to the Economic Development Trust
4669Fund.
4670     (b)  Compliance with the terms and conditions of the
4671agreement is a condition precedent for receipt of tax refunds
4672each year. The failure to comply with the terms and conditions
4673of the agreement shall result in the loss of eligibility for
4674receipt of all tax refunds previously authorized pursuant to
4675this section, and the revocation of the certification as a
4676qualified applicant by the department director, unless the
4677qualified applicant is eligible to receive and elects to accept
4678a prorated refund under paragraph (5)(g) or the department
4679Office grants the qualified applicant an economic-stimulus
4680exemption.
4681     1.  A qualified applicant may submit, in writing, a request
4682to the department Office for an economic-stimulus exemption. The
4683request must provide quantitative evidence demonstrating how
4684negative economic conditions in the qualified applicant's
4685industry, the effects of the impact of a named hurricane or
4686tropical storm, or specific acts of terrorism affecting the
4687qualified applicant have prevented the qualified applicant from
4688complying with the terms and conditions of its tax refund
4689agreement.
4690     2.  Upon receipt of a request under subparagraph 1., the
4691department director shall have 45 days to notify the requesting
4692qualified applicant, in writing, if its exemption has been
4693granted or denied by the Governor. In determining if an
4694exemption should be granted, the department director shall
4695consider the extent to which negative economic conditions in the
4696requesting qualified applicant's industry, the effects of the
4697impact of a named hurricane or tropical storm, or specific acts
4698of terrorism affecting the qualified applicant have prevented
4699the qualified applicant from complying with the terms and
4700conditions of its tax refund agreement.
4701     3.  As a condition for receiving a prorated refund under
4702paragraph (5)(g) or an economic-stimulus exemption under this
4703paragraph, a qualified applicant must agree to renegotiate its
4704tax refund agreement with the Governor Office to, at a minimum,
4705ensure that the terms of the agreement comply with current law
4706and the Office procedures of the department governing
4707application for and award of tax refunds. Upon approving the
4708award of a prorated refund or granting an economic-stimulus
4709exemption, the Governor, through the department, Office shall
4710renegotiate the tax refund agreement with the qualified
4711applicant as required by this subparagraph. When amending the
4712agreement of a qualified applicant receiving an economic-
4713stimulus exemption, the department Office may extend the
4714duration of the agreement for a period not to exceed 2 years.
4715     4.  A qualified applicant may submit a request for an
4716economic-stimulus exemption to the Office in lieu of any tax
4717refund claim scheduled to be submitted after January 1, 2005,
4718but before July 1, 2006.
4719     4.5.  A qualified applicant that receives an economic-
4720stimulus exemption may not receive a tax refund for the period
4721covered by the exemption.
4722     (c)  The agreement shall be signed by the Governor director
4723and the authorized officer of the qualified applicant.
4724     (d)  The agreement must contain the following legend,
4725clearly printed on its face in bold type of not less than 10
4726points:
4727
4728"This agreement is neither a general obligation of the
4729State of Florida, nor is it backed by the full faith
4730and credit of the State of Florida. Payment of tax
4731refunds are conditioned on and subject to specific
4732annual appropriations by the Florida Legislature of
4733funds sufficient to pay amounts authorized in s.
4734288.1045, Florida Statutes."
4735
4736     (5)  ANNUAL CLAIM FOR REFUND.-
4737     (a)  To be eligible to claim any scheduled tax refund,
4738qualified applicants who have entered into a written agreement
4739with the Governor Office pursuant to subsection (4) and who have
4740entered into a valid new Department of Defense contract, entered
4741into a valid new space flight business contract, commenced the
4742consolidation of a space flight business contract, commenced the
4743consolidation of a Department of Defense contract, commenced the
4744conversion of defense production jobs to nondefense production
4745jobs, or entered into a valid contract for reuse of a defense-
4746related facility must apply by January 31 of each fiscal year to
4747the department Office for tax refunds scheduled to be paid from
4748the appropriation for the fiscal year that begins on July 1
4749following the January 31 claims-submission date. The department
4750Office may, upon written request, grant a 30-day extension of
4751the filing date. The application must include a notarized
4752signature of an officer of the applicant.
4753     (d)  The Governor, through the department, director, with
4754assistance from the Office, the Department of Revenue, and the
4755Agency for Workforce Innovation, shall, by June 30 following the
4756scheduled date for submitting the tax refund claim, specify by
4757written order the approval or disapproval of the tax refund
4758claim and, if approved, the amount of the tax refund that is
4759authorized to be paid to the qualified applicant for the annual
4760tax refund. The department Office may grant an extension of this
4761date upon the request of the qualified applicant for the purpose
4762of filing additional information in support of the claim.
4763     (e)  The total amount of tax refunds approved by the
4764Governor director under this section in any fiscal year may not
4765exceed the amount authorized under s. 288.095(3).
4766     (g)  A prorated tax refund, less a 5 percent penalty, shall
4767be approved for a qualified applicant provided all other
4768applicable requirements have been satisfied and the applicant
4769proves to the satisfaction of the department director that it
4770has achieved at least 80 percent of its projected employment and
4771that the average wage paid by the qualified applicant is at
4772least 90 percent of the average wage specified in the tax refund
4773agreement, but in no case less than 115 percent of the average
4774private sector wage in the area available at the time of
4775certification. The prorated tax refund shall be calculated by
4776multiplying the tax refund amount for which the qualified
4777applicant would have been eligible, if all applicable
4778requirements had been satisfied, by the percentage of the
4779average employment specified in the tax refund agreement which
4780was achieved, and by the percentage of the average wages
4781specified in the tax refund agreement which was achieved.
4782     (6)  ADMINISTRATION.-
4783     (a)  The department Office may adopt rules pursuant to
4784chapter 120 for the administration of this section.
4785     (b)  The department Office may verify information provided
4786in any claim submitted for tax credits under this section with
4787regard to employment and wage levels or the payment of the taxes
4788with the appropriate agency or authority including the
4789Department of Revenue, the Department of Economic Opportunity
4790Agency for Workforce Innovation, or any local government or
4791authority.
4792     (c)  To facilitate the process of monitoring and auditing
4793applications made under this program, the department Office may
4794provide a list of qualified applicants to the Department of
4795Revenue, to the Agency for Workforce Innovation, or to any local
4796government or authority. The department Office may request the
4797assistance of said entities with respect to monitoring jobs,
4798wages, and the payment of the taxes listed in subsection (2).
4799     (7)  Notwithstanding paragraphs (4)(a) and (5)(c), the
4800Office may approve a waiver of the local financial support
4801requirement for a business located in any of the following
4802counties in which businesses received emergency loans
4803administered by the Office in response to the named hurricanes
4804of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
4805Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
4806Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
4807Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
4808waiver may be granted only if the Office determines that the
4809local financial support cannot be provided or that doing so
4810would effect a demonstrable hardship on the unit of local
4811government providing the local financial support. If the Office
4812grants a waiver of the local financial support requirement, the
4813state shall pay 100 percent of the refund due to an eligible
4814business. The waiver shall apply for tax refund applications
4815made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
4816     (7)(8)  EXPIRATION.-An applicant may not be certified as
4817qualified under this section after June 30, 2014. A tax refund
4818agreement existing on that date shall continue in effect in
4819accordance with its terms.
4820     Section 67.  Present paragraphs (d), (f), (n), (p), (q),
4821(r), and (t) of subsection (2), paragraphs (a), (b), (e), and
4822(f) of subsection (3), subsection (4), paragraphs (a), (b), and
4823(c) of subsection (5), paragraphs (a), (c), (f), and (g) of
4824subsection (6), and subsection (7) of section 288.106, Florida
4825Statutes, are amended, and present paragraphs (g) through (m),
4826(o) and (p), and (r) through (u) of subsection (2) are
4827redesignated as paragraphs (f) through (i), (m) and (n), and (o)
4828through (r), respectively, to read:
4829     288.106  Tax refund program for qualified target industry
4830businesses.-
4831     (2)  DEFINITIONS.-As used in this section:
4832     (d)  "Business" means an employing unit, as defined in s.
4833443.036, that is registered for unemployment compensation
4834purposes with the Department of Revenue as the state agency
4835providing unemployment tax collection services under contract
4836with the Agency for Workforce Innovation through an interagency
4837agreement with the Department of Economic Opportunity pursuant
4838to s. 443.1316, or a subcategory or division of an employing
4839unit that is accepted by the state agency providing unemployment
4840tax collection services as a reporting unit by the Department of
4841Revenue.
4842     (f)  "Director" means the Director of the Office of
4843Tourism, Trade, and Economic Development.
4844     (n)  "Office" means the Office of Tourism, Trade, and
4845Economic Development.
4846     (n)(p)  "Qualified target industry business" means a target
4847industry business approved by the department Office to be
4848eligible for tax refunds under this section.
4849     (q)  "Return on investment" means the gain in state
4850revenues as a percentage of the state's investment. The state's
4851investment includes state grants, tax exemptions, tax refunds,
4852tax credits, and other state incentives.
4853     (o)(r)  "Rural city" means a city having a population of
485410,000 or fewer, or a city having a population of greater than
485510,000 but fewer than 20,000 that has been determined by the
4856department Office to have economic characteristics such as, but
4857not limited to, a significant percentage of residents on public
4858assistance, a significant percentage of residents with income
4859below the poverty level, or a significant percentage of the
4860city's employment base in agriculture-related industries.
4861     (q)(t)  "Target industry business" means a corporate
4862headquarters business or any business that is engaged in one of
4863the target industries identified pursuant to the following
4864criteria developed by the department Office in consultation with
4865Enterprise Florida, Inc.:
4866     1.  Future growth.-Industry forecasts should indicate
4867strong expectation for future growth in both employment and
4868output, according to the most recent available data. Special
4869consideration should be given to businesses that export goods
4870to, or provide services in, international markets and businesses
4871that replace domestic and international imports of goods or
4872services.
4873     2.  Stability.-The industry should not be subject to
4874periodic layoffs, whether due to seasonality or sensitivity to
4875volatile economic variables such as weather. The industry should
4876also be relatively resistant to recession, so that the demand
4877for products of this industry is not typically subject to
4878decline during an economic downturn.
4879     3.  High wage.-The industry should pay relatively high
4880wages compared to statewide or area averages.
4881     4.  Market and resource independent.-The location of
4882industry businesses should not be dependent on Florida markets
4883or resources as indicated by industry analysis, except for
4884businesses in the renewable energy industry.
4885     5.  Industrial base diversification and strengthening.-The
4886industry should contribute toward expanding or diversifying the
4887state's or area's economic base, as indicated by analysis of
4888employment and output shares compared to national and regional
4889trends. Special consideration should be given to industries that
4890strengthen regional economies by adding value to basic products
4891or building regional industrial clusters as indicated by
4892industry analysis. Special consideration should also be given to
4893the development of strong industrial clusters that include
4894defense and homeland security businesses.
4895     6.  Positive economic impact benefits.-The industry is
4896expected to have strong positive economic impacts on or benefits
4897to the state or regional economies.
4898
4899The term does not include any business engaged in retail
4900industry activities; any electrical utility company; any
4901phosphate or other solid minerals severance, mining, or
4902processing operation; any oil or gas exploration or production
4903operation; or any business subject to regulation by the Division
4904of Hotels and Restaurants of the Department of Business and
4905Professional Regulation. Any business within NAICS code 5611 or
49065614, office administrative services and business support
4907services, respectively, may be considered a target industry
4908business only after the local governing body and Enterprise
4909Florida, Inc., make a determination that the community where the
4910business may locate has conditions affecting the fiscal and
4911economic viability of the local community or area, including but
4912not limited to, factors such as low per capita income, high
4913unemployment, high underemployment, and a lack of year-round
4914stable employment opportunities, and such conditions may be
4915improved by the location of such a business to the community. By
4916January 1 of every 3rd year, beginning January 1, 2011, the
4917department Office, in consultation with Enterprise Florida,
4918Inc., economic development organizations, the State University
4919System, local governments, employee and employer organizations,
4920market analysts, and economists, shall review and, as
4921appropriate, revise the list of such target industries and
4922submit the list to the Governor, the President of the Senate,
4923and the Speaker of the House of Representatives.
4924     (3)  TAX REFUND; ELIGIBLE AMOUNTS.-
4925     (a)  There shall be allowed, from the account, a refund to
4926a qualified target industry business for the amount of eligible
4927taxes certified by the department Office that were paid by the
4928business. The total amount of refunds for all fiscal years for
4929each qualified target industry business must be determined
4930pursuant to subsection (4). The annual amount of a refund to a
4931qualified target industry business must be determined pursuant
4932to subsection (6).
4933     (b)1.  Upon approval by the Governor Office, a qualified
4934target industry business shall be allowed tax refund payments
4935equal to $3,000 multiplied by the number of jobs specified in
4936the tax refund agreement under subparagraph (5)(a)1., or equal
4937to $6,000 multiplied by the number of jobs if the project is
4938located in a rural community or an enterprise zone.
4939     2.  A qualified target industry business shall be allowed
4940additional tax refund payments equal to $1,000 multiplied by the
4941number of jobs specified in the tax refund agreement under
4942subparagraph (5)(a)1. if such jobs pay an annual average wage of
4943at least 150 percent of the average private sector wage in the
4944area, or equal to $2,000 multiplied by the number of jobs if
4945such jobs pay an annual average wage of at least 200 percent of
4946the average private sector wage in the area.
4947     3.  A qualified target industry business shall be allowed
4948tax refund payments in addition to the other payments authorized
4949in this paragraph equal to $1,000 multiplied by the number of
4950jobs specified in the tax refund agreement under subparagraph
4951(5)(a)1. if the local financial support is equal to that of the
4952state's incentive award under subparagraph 1.
4953     4.  In addition to the other tax refund payments authorized
4954in this paragraph, a qualified target industry business shall be
4955allowed a tax refund payment equal to $2,000 multiplied by the
4956number of jobs specified in the tax refund agreement under
4957subparagraph (5)(a)1. if the business:
4958     a.  Falls within one of the high-impact sectors designated
4959under s. 288.108; or
4960     b.  Increases exports of its goods through a seaport or
4961airport in the state by at least 10 percent in value or tonnage
4962in each of the years that the business receives a tax refund
4963under this section. For purposes of this sub-subparagraph,
4964seaports in the state are limited to the ports of Jacksonville,
4965Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
4966Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
4967Pensacola, Fernandina, and Key West.
4968     (e)  However, a qualified target industry business may not
4969receive a refund under this section for any amount of credit,
4970refund, or exemption previously granted to that business for any
4971of the taxes listed in paragraph (d). If a refund for such taxes
4972is provided by the department office, which taxes are
4973subsequently adjusted by the application of any credit, refund,
4974or exemption granted to the qualified target industry business
4975other than as provided in this section, the business shall
4976reimburse the account for the amount of that credit, refund, or
4977exemption. A qualified target industry business shall notify and
4978tender payment to the department office within 20 days after
4979receiving any credit, refund, or exemption other than one
4980provided in this section.
4981     (f)  Refunds made available under this section may not be
4982expended in connection with the relocation of a business from
4983one community to another community in the state unless the
4984department Office determines that, without such relocation, the
4985business will move outside the state or determines that the
4986business has a compelling economic rationale for relocation and
4987that the relocation will create additional jobs.
4988     (4)  APPLICATION AND APPROVAL PROCESS.-
4989     (a)  To apply for certification as a qualified target
4990industry business under this section, the business must file an
4991application with the department Office before the business
4992decides to locate in this state or before the business decides
4993to expand its existing operations in this state. The application
4994must include, but need not be limited to, the following
4995information:
4996     1.  The applicant's federal employer identification number
4997and, if applicable, state sales tax registration number.
4998     2.  The proposed permanent location of the applicant's
4999facility in this state at which the project is to be located.
5000     3.  A description of the type of business activity or
5001product covered by the project, including a minimum of a five-
5002digit NAICS code for all activities included in the project. As
5003used in this paragraph, "NAICS" means those classifications
5004contained in the North American Industry Classification System,
5005as published in 2007 by the Office of Management and Budget,
5006Executive Office of the President, and updated periodically.
5007     4.  The proposed number of net new full-time equivalent
5008Florida jobs at the qualified target industry business as of
5009December 31 of each year included in the project and the average
5010wage of those jobs. If more than one type of business activity
5011or product is included in the project, the number of jobs and
5012average wage for those jobs must be separately stated for each
5013type of business activity or product.
5014     5.  The total number of full-time equivalent employees
5015employed by the applicant in this state, if applicable.
5016     6.  The anticipated commencement date of the project.
5017     7.  A brief statement explaining the role that the
5018estimated tax refunds to be requested will play in the decision
5019of the applicant to locate or expand in this state.
5020     8.  An estimate of the proportion of the sales resulting
5021from the project that will be made outside this state.
5022     9.  An estimate of the proportion of the cost of the
5023machinery and equipment, and any other resources necessary in
5024the development of its product or service, to be used by the
5025business in its Florida operations which will be purchased
5026outside this state.
5027     10.  A resolution adopted by the governing board of the
5028county or municipality in which the project will be located,
5029which resolution recommends that the project be approved as a
5030qualified target industry business and specifies that the
5031commitments of local financial support necessary for the target
5032industry business exist. Before the passage of such resolution,
5033the department office may also accept an official letter from an
5034authorized local economic development agency that endorses the
5035proposed target industry project and pledges that sources of
5036local financial support for such project exist. For the purposes
5037of making pledges of local financial support under this
5038subparagraph, the authorized local economic development agency
5039shall be officially designated by the passage of a one-time
5040resolution by the local governing board.
5041     11.  Any additional information requested by the department
5042Office.
5043     (b)  To qualify for review by the department Office, the
5044application of a target industry business must, at a minimum,
5045establish the following to the satisfaction of the department
5046office:
5047     1.a.  The jobs proposed to be created under the
5048application, pursuant to subparagraph (a)4., must pay an
5049estimated annual average wage equaling at least 115 percent of
5050the average private sector wage in the area where the business
5051is to be located or the statewide private sector average wage.
5052The governing board of the local governmental entity providing
5053the local financial support of the jurisdiction county where the
5054qualified target industry business is to be located shall notify
5055the department Office and Enterprise Florida, Inc., which
5056calculation of the average private sector wage in the area must
5057be used as the basis for the business's wage commitment. In
5058determining the average annual wage, the department Office shall
5059include only new proposed jobs, and wages for existing jobs
5060shall be excluded from this calculation.
5061     b.  The Governor Office may waive the average wage
5062requirement at the request of the local governing body
5063recommending the project and Enterprise Florida, Inc. The
5064Governor Office may waive the wage requirement for a project
5065located in a brownfield area designated under s. 376.80, in a
5066rural city, in a rural community, in an enterprise zone, or for
5067a manufacturing project at any location in the state if the jobs
5068proposed to be created pay an estimated annual average wage
5069equaling at least 100 percent of the average private sector wage
5070in the area where the business is to be located, only if the
5071merits of the individual project or the specific circumstances
5072in the community in relationship to the project warrant such
5073action. If the local governing body makes and Enterprise
5074Florida, Inc., make such a recommendation, it must be
5075transmitted in writing, and the specific justification for the
5076waiver recommendation must be explained. If the Governor Office
5077elects to waive the wage requirement, the waiver must be stated
5078in writing, and the reasons for granting the waiver must be
5079explained.
5080     2.  The target industry business's project must result in
5081the creation of at least 10 jobs at the project and, in the case
5082of an expansion of an existing business, must result in a net
5083increase in employment of at least 10 percent at the business.
5084At the request of the local governing body recommending the
5085project and Enterprise Florida, Inc., the Governor Office may
5086waive this requirement for a business in a rural community or
5087enterprise zone if the merits of the individual project or the
5088specific circumstances in the community in relationship to the
5089project warrant such action. If the local governing body makes
5090and Enterprise Florida, Inc., make such a request, the request
5091must be transmitted in writing, and the specific justification
5092for the request must be explained. If the Governor Office elects
5093to grant the request, the grant must be stated in writing, and
5094the reason for granting the request must be explained.
5095     3.  The business activity or product for the applicant's
5096project must be within an industry identified by the department
5097Office as a target industry business that contributes to the
5098economic growth of the state and the area in which the business
5099is located, that produces a higher standard of living for
5100residents of this state in the new global economy, or that can
5101be shown to make an equivalent contribution to the area's and
5102state's economic progress.
5103     (c)  Each application meeting the requirements of paragraph
5104(b) must be submitted to the department Office for determination
5105of eligibility. The department Office shall review and evaluate
5106each application based on, but not limited to, the following
5107criteria:
5108     1.  Expected contributions to the state's economy,
5109consistent with the state strategic economic development plan
5110prepared by the department adopted by Enterprise Florida, Inc.
5111     2.  The economic benefits return on investment of the
5112proposed award of tax refunds under this section and the
5113economic benefits of return on investment for state incentives
5114proposed for the project. The term "economic benefits" has the
5115same meaning as provided in s. 288.005(1). The Office of
5116Economic and Demographic Research shall review and evaluate the
5117methodology and model used to calculate the economic benefits
5118return on investment and shall report its findings by September
51191 of every 3rd year, beginning September 1, 2010, to the
5120President of the Senate and the Speaker of the House of
5121Representatives.
5122     3.  The amount of capital investment to be made by the
5123applicant in this state.
5124     4.  The local financial commitment and support for the
5125project.
5126     5.  The effect of the project on the unemployment rate in
5127the county where the project will be located.
5128     6.  The effect of the award on the viability of the project
5129and the probability that the project would be undertaken in this
5130state if such tax refunds are granted to the applicant.
5131     7.  The expected long-term commitment of the applicant to
5132economic growth and employment in this state resulting from the
5133project.
5134     8.  A review of the business's past activities in this
5135state or other states, including whether such business has been
5136subjected to criminal or civil fines and penalties. This
5137subparagraph does not require the disclosure of confidential
5138information.
5139     (d)  Applications shall be reviewed and certified pursuant
5140to s. 288.061. The department Office shall include in its review
5141projections of the tax refunds the business would be eligible to
5142receive in each fiscal year based on the creation and
5143maintenance of the net new Florida jobs specified in
5144subparagraph (a)4. as of December 31 of the preceding state
5145fiscal year. If appropriate, the Governor Office shall enter
5146into a written agreement with the qualified target industry
5147business pursuant to subsection (5).
5148     (e)  The department Office may not certify any target
5149industry business as a qualified target industry business if the
5150value of tax refunds to be included in that letter of
5151certification exceeds the available amount of authority to
5152certify new businesses as determined in s. 288.095(3). However,
5153if the commitments of local financial support represent less
5154than 20 percent of the eligible tax refund payments, or to
5155otherwise preserve the viability and fiscal integrity of the
5156program, the department office may certify a qualified target
5157industry business to receive tax refund payments of less than
5158the allowable amounts specified in paragraph (3)(b). A letter of
5159certification that approves an application must specify the
5160maximum amount of tax refund that will be available to the
5161qualified industry business in each fiscal year and the total
5162amount of tax refunds that will be available to the business for
5163all fiscal years.
5164     (f)  This section does not create a presumption that an
5165applicant will receive any tax refunds under this section.
5166However, the department Office may issue nonbinding opinion
5167letters, upon the request of prospective applicants, as to the
5168applicants' eligibility and the potential amount of refunds.
5169     (5)  TAX REFUND AGREEMENT.-
5170     (a)  Each qualified target industry business must enter
5171into a written agreement with the Governor Office that
5172specifies, at a minimum:
5173     1.  The total number of full-time equivalent jobs in this
5174state that will be dedicated to the project, the average wage of
5175those jobs, the definitions that will apply for measuring the
5176achievement of these terms during the pendency of the agreement,
5177and a time schedule or plan for when such jobs will be in place
5178and active in this state.
5179     2.  The maximum amount of tax refunds that the qualified
5180target industry business is eligible to receive on the project
5181and the maximum amount of a tax refund that the qualified target
5182industry business is eligible to receive for each fiscal year,
5183based on the job creation and maintenance schedule specified in
5184subparagraph 1.
5185     3.  That the department Office may review and verify the
5186financial and personnel records of the qualified target industry
5187business to ascertain whether that business is in compliance
5188with this section.
5189     4.  The date by which, in each fiscal year, the qualified
5190target industry business may file a claim under subsection (6)
5191to be considered to receive a tax refund in the following fiscal
5192year.
5193     5.  That local financial support will be annually available
5194and will be paid to the account. The Governor Office may not
5195enter into a written agreement with a qualified target industry
5196business if the local financial support resolution is not passed
5197by the local governing body within 90 days after the department
5198Office has issued the letter of certification under subsection
5199(4).
5200     6.  That the department Office may conduct a review of the
5201business to evaluate whether the business is continuing to
5202contribute to the area's or state's economy.
5203     7.  That in the event the business does not complete the
5204agreement, the business will provide the department Office with
5205the reasons the business was unable to complete the agreement.
5206     (b)  Compliance with the terms and conditions of the
5207agreement is a condition precedent for the receipt of a tax
5208refund each year. The failure to comply with the terms and
5209conditions of the tax refund agreement results in the loss of
5210eligibility for receipt of all tax refunds previously authorized
5211under this section and the revocation by the department Office
5212of the certification of the business entity as a qualified
5213target industry business, unless the business is eligible to
5214receive and elects to accept a prorated refund under paragraph
5215(6)(e) or the department Office grants the business an economic
5216recovery extension.
5217     1.  A qualified target industry business may submit a
5218request to the department Office for an economic recovery
5219extension. The request must provide quantitative evidence
5220demonstrating how negative economic conditions in the business's
5221industry, the effects of a named hurricane or tropical storm, or
5222specific acts of terrorism affecting the qualified target
5223industry business have prevented the business from complying
5224with the terms and conditions of its tax refund agreement.
5225     2.  Upon receipt of a request under subparagraph 1., the
5226department Office has 45 days to notify the requesting business,
5227in writing, whether its extension has been granted or denied. In
5228determining whether an extension should be granted, the
5229department Office shall consider the extent to which negative
5230economic conditions in the requesting business's industry have
5231occurred in the state or the effects of a named hurricane or
5232tropical storm or specific acts of terrorism affecting the
5233qualified target industry business have prevented the business
5234from complying with the terms and conditions of its tax refund
5235agreement. The department Office shall consider current
5236employment statistics for this state by industry, including
5237whether the business's industry had substantial job loss during
5238the prior year, when determining whether an extension shall be
5239granted.
5240     3.  As a condition for receiving a prorated refund under
5241paragraph (6)(e) or an economic recovery extension under this
5242paragraph, a qualified target industry business must agree to
5243renegotiate its tax refund agreement with the Governor Office
5244to, at a minimum, ensure that the terms of the agreement comply
5245with current law and the department's office procedures
5246governing application for and award of tax refunds. Upon
5247approving the award of a prorated refund or granting an economic
5248recovery extension, the Governor, through the department, Office
5249shall renegotiate the tax refund agreement with the business as
5250required by this subparagraph. When amending the agreement of a
5251business receiving an economic recovery extension, the Governor,
5252through the department, Office may extend the duration of the
5253agreement for a period not to exceed 2 years.
5254     4.  A qualified target industry business may submit a
5255request for an economic recovery extension to the department
5256Office in lieu of any tax refund claim scheduled to be submitted
5257after January 1, 2009, but before July 1, 2012.
5258     5.  A qualified target industry business that receives an
5259economic recovery extension may not receive a tax refund for the
5260period covered by the extension.
5261     (c)  The agreement must be signed by the Governor director
5262and by an authorized officer of the qualified target industry
5263business within 120 days after the issuance of the letter of
5264certification under subsection (4), but not before passage and
5265receipt of the resolution of local financial support. The
5266department Office may grant an extension of this period at the
5267written request of the qualified target industry business.
5268     (6)  ANNUAL CLAIM FOR REFUND.-
5269     (a)  To be eligible to claim any scheduled tax refund, a
5270qualified target industry business that has entered into a tax
5271refund agreement with the Governor Office under subsection (5)
5272must apply by January 31 of each fiscal year to the department
5273office for the tax refund scheduled to be paid from the
5274appropriation for the fiscal year that begins on July 1
5275following the January 31 claims-submission date. The department
5276Office may, upon written request, grant a 30-day extension of
5277the filing date.
5278     (c)  The department Office may waive the requirement for
5279proof of taxes paid in future years for a qualified target
5280industry business that provides the department office with proof
5281that, in a single year, the business has paid an amount of state
5282taxes from the categories in paragraph (3)(d) that is at least
5283equal to the total amount of tax refunds that the business may
5284receive through successful completion of its tax refund
5285agreement.
5286     (f)  The Governor Office, with such assistance as may be
5287required from the Department of Revenue or the Agency for
5288Workforce Innovation, shall, by June 30 following the scheduled
5289date for submission of the tax refund claim, specify by written
5290order the approval or disapproval of the tax refund claim and,
5291if approved, the amount of the tax refund that is authorized to
5292be paid to the qualified target industry business for the annual
5293tax refund. the department Office may grant an extension of this
5294date on the request of the qualified target industry business
5295for the purpose of filing additional information in support of
5296the claim.
5297     (g)  The total amount of tax refund claims approved
5298by the Governor Office under this section in any fiscal year
5299must not exceed the amount authorized under s. 288.095(3).
5300     (7)  ADMINISTRATION.-
5301     (a)  The department Office may verify information provided
5302in any claim submitted for tax credits under this section with
5303regard to employment and wage levels or the payment of the taxes
5304to the appropriate agency or authority, including the Department
5305of Revenue, the Agency for Workforce Innovation, or any local
5306government or authority.
5307     (b)  To facilitate the process of monitoring and auditing
5308applications made under this section, the department Office may
5309provide a list of qualified target industry businesses to the
5310Department of Revenue, to the Agency for Workforce Innovation,
5311or to any local government or authority. The department Office
5312may request the assistance of those entities with respect to
5313monitoring jobs, wages, and the payment of the taxes listed in
5314subsection (3).
5315     (c)  Funds specifically appropriated for tax refunds for
5316qualified target industry businesses under this section may not
5317be used by the department Office for any purpose other than the
5318payment of tax refunds authorized by this section.
5319     (d)  Beginning with tax refund agreements signed after July
53201, 2010, the department Office shall attempt to ascertain the
5321causes for any business's failure to complete its agreement and
5322shall report its findings and recommendations to the Governor,
5323the President of the Senate, and the Speaker of the House of
5324Representatives. The report shall be submitted by December 1 of
5325each year beginning in 2011.
5326     Section 68.  Paragraphs (d) and (g) of subsection (1),
5327subsection (2), paragraphs (a), (b), (f), (g), (h), and (i) of
5328subsection (4), and subsection (5) of section 288.107, Florida
5329Statutes, are amended, and present paragraphs (e) through (h) of
5330subsection (1) are redesignated as paragraphs (d) through (f),
5331respectively, to read:
5332     288.107  Brownfield redevelopment bonus refunds.-
5333     (1)  DEFINITIONS.-As used in this section:
5334     (d)  "Director" means the director of the Office of
5335Tourism, Trade, and Economic Development.
5336     (g)  "Office" means The Office of Tourism, Trade, and
5337Economic Development.
5338     (2)  BROWNFIELD REDEVELOPMENT BONUS REFUND.-Bonus refunds
5339shall be approved by the Governor Office as specified in the
5340final order and allowed from the account as follows:
5341     (a)  A bonus refund of $2,500 shall be allowed to any
5342qualified target industry business as defined in s. 288.106 for
5343each new Florida job created in a brownfield area that is
5344claimed on the qualified target industry business's annual
5345refund claim authorized in s. 288.106(6).
5346     (b)  A bonus refund of up to $2,500 shall be allowed to any
5347other eligible business as defined in subparagraph (1)(d)2.
5348(1)(e)2. for each new Florida job created in a brownfield area
5349that is claimed under an annual claim procedure similar to the
5350annual refund claim authorized in s. 288.106(6). The amount of
5351the refund shall be equal to 20 percent of the average annual
5352wage for the jobs created.
5353     (4)  PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.-
5354     (a)  To be eligible to receive a bonus refund for new
5355Florida jobs created in a brownfield area, a business must have
5356been certified as a qualified target industry business under s.
5357288.106 or eligible business as defined in paragraph (1)(d)
5358(1)(e) and must have indicated on the qualified target industry
5359business tax refund application form submitted in accordance
5360with s. 288.106(4) or other similar agreement for other eligible
5361business as defined in paragraph (1)(d) (1)(e) that the project
5362for which the application is submitted is or will be located in
5363a brownfield area and that the business is applying for
5364certification as a qualified brownfield business under this
5365section, and must have signed a qualified target industry
5366business tax refund agreement with the Governor Office that
5367indicates that the business has been certified as a qualified
5368target industry business located in a brownfield area and
5369specifies the schedule of brownfield redevelopment bonus refunds
5370that the business may be eligible to receive in each fiscal
5371year.
5372     (b)  To be considered to receive an eligible brownfield
5373redevelopment bonus refund payment, the business meeting the
5374requirements of paragraph (a) must submit a claim once each
5375fiscal year on a claim form approved by the department Office
5376which indicates the location of the brownfield, the address of
5377the business facility's brownfield location, the name of the
5378brownfield in which it is located, the number of jobs created,
5379and the average wage of the jobs created by the business within
5380the brownfield as defined in s. 288.106 or other eligible
5381business as defined in paragraph (1)(d) (1)(e) and the
5382administrative rules and policies for that section.
5383     (f)  Applications shall be reviewed and certified pursuant
5384to s. 288.061. The department Office shall review all
5385applications submitted under s. 288.106 or other similar
5386application forms for other eligible businesses as defined in
5387paragraph (1)(d) (1)(e) which indicate that the proposed project
5388will be located in a brownfield and determine, with the
5389assistance of the Department of Environmental Protection, that
5390the project location is within a brownfield as provided in this
5391act.
5392     (g)  The department Office shall approve all claims for a
5393brownfield redevelopment bonus refund payment that are found to
5394meet the requirements of paragraphs (b) and (d).
5395     (h)  The department director, with such assistance as may
5396be required from the Office and the Department of Environmental
5397Protection, shall specify by written final order the amount of
5398the brownfield redevelopment bonus refund that is authorized for
5399the qualified target industry business for the fiscal year
5400within 30 days after the date that the claim for the annual tax
5401refund is received by the department office.
5402     (i)  The total amount of the bonus refunds approved by the
5403Governor director under this section in any fiscal year must not
5404exceed the total amount appropriated to the Economic Development
5405Incentives Account for this purpose for the fiscal year. In the
5406event that the Legislature does not appropriate an amount
5407sufficient to satisfy projections by the department Office for
5408brownfield redevelopment bonus refunds under this section in a
5409fiscal year, the Governor, through the department, Office shall,
5410not later than July 15 of such year, determine the proportion of
5411each brownfield redevelopment bonus refund claim which shall be
5412paid by dividing the amount appropriated for tax refunds for the
5413fiscal year by the projected total of brownfield redevelopment
5414bonus refund claims for the fiscal year. The amount of each
5415claim for a brownfield redevelopment bonus tax refund shall be
5416multiplied by the resulting quotient. If, after the payment of
5417all such refund claims, funds remain in the Economic Development
5418Incentives Account for brownfield redevelopment tax refunds, the
5419department Office shall recalculate the proportion for each
5420refund claim and adjust the amount of each claim accordingly.
5421     (5)  ADMINISTRATION.-
5422     (a)  The department Office may verify information provided
5423in any claim submitted for tax credits under this section with
5424regard to employment and wage levels or the payment of the taxes
5425to the appropriate agency or authority, including the Department
5426of Revenue, the Agency for Workforce Innovation, or any local
5427government or authority.
5428     (b)  To facilitate the process of monitoring and auditing
5429applications made under this program, the department Office may
5430provide a list of qualified target industry businesses to the
5431Department of Revenue, to the Agency for Workforce Innovation,
5432to the Department of Environmental Protection, or to any local
5433government authority. The department office may request the
5434assistance of those entities with respect to monitoring the
5435payment of the taxes listed in s. 288.106(3).
5436     Section 69.  Subsection (2), paragraphs (a), (b), (d), and
5437(e) of subsection (3), subsection (4), paragraphs (a) and (c) of
5438subsection (5), and subsections (6) and (7) of section 288.108,
5439Florida Statutes, are amended, to read:
5440     288.108  High-impact business.-
5441     (2)  DEFINITIONS.-As used in this section, the term:
5442     (a)(h)  "Commencement of operations" means that the
5443qualified high-impact business has begun to actively operate the
5444principal function for which the facility was constructed as
5445determined by the department office and specified in the
5446qualified high-impact business agreement.
5447     (b)(e)  "Cumulative investment" means the total investment
5448in buildings and equipment made by a qualified high-impact
5449business since the beginning of construction of such facility.
5450     (c)(a)  "Eligible high-impact business" means a business in
5451one of the high-impact sectors identified by Enterprise Florida,
5452Inc., and certified by the department Office of Tourism, Trade,
5453and Economic Development as provided in subsection (5), which is
5454making a cumulative investment in the state of at least $50
5455million and creating at least 50 new full-time equivalent jobs
5456in the state or a research and development facility making a
5457cumulative investment of at least $25 million and creating at
5458least 25 new full-time equivalent jobs. Such investment and
5459employment must be achieved in a period not to exceed 3 years
5460after the date the business is certified as a qualified high-
5461impact business.
5462     (c)  "Office" means the Office of Tourism, Trade, and
5463Economic Development.
5464     (d)  "Director" means the director of the Office of
5465Tourism, Trade, and Economic Development.
5466     (d)(f)  "Fiscal year" means the fiscal year of the state.
5467     (e)(g)  "Jobs" means full-time equivalent positions,
5468including, but not limited to, positions obtained from a
5469temporary employment agency or employee leasing company or
5470through a union agreement or coemployment under a professional
5471employer organization agreement, that result directly from a
5472project in this state. The term does not include temporary
5473construction jobs involved in the construction of the project
5474facility.
5475     (f)(b)  "Qualified high-impact business" means a business
5476in one of the high-impact sectors that has been certified by the
5477department office as a qualified high-impact business to receive
5478a high-impact sector performance grant.
5479     (g)(i)  "Research and development" means basic and applied
5480research in science or engineering, as well as the design,
5481development, and testing of prototypes or processes of new or
5482improved products. Research and development does not mean market
5483research, routine consumer product testing, sales research,
5484research in the social sciences or psychology, nontechnological
5485activities or technical services.
5486     (3)  HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE
5487AMOUNTS.-
5488     (a)  Upon commencement of operations, a qualified high-
5489impact business is eligible to receive a high-impact business
5490performance grant in the amount as determined by the department
5491office under subsection (5), consistent with eligible amounts as
5492provided in paragraph (b), and specified in the qualified high-
5493impact business agreement. The precise conditions that are
5494considered commencement of operations must be specified in the
5495qualified high-impact business agreement.
5496     (b)  The department Office may, in consultation with
5497Enterprise Florida, Inc., negotiate qualified high-impact
5498business performance grant awards for any single qualified high-
5499impact business. In negotiating such awards, the department
5500Office shall consider the following guidelines in conjunction
5501with other relevant applicant impact and cost information and
5502analysis as required in subsection (5).
5503     1.  A qualified high-impact business making a cumulative
5504investment of $50 million and creating 50 jobs may be eligible
5505for a total qualified high-impact business performance grant of
5506$500,000 to $1 million.
5507     2.  A qualified high-impact business making a cumulative
5508investment of $100 million and creating 100 jobs may be eligible
5509for a total qualified high-impact business performance grant of
5510$1 million to $2 million.
5511     3.  A qualified high-impact business making a cumulative
5512investment of $800 million and creating 800 jobs may be eligible
5513for a qualified high-impact business performance grant of $10
5514million to $12 million.
5515     4.  A qualified high-impact business engaged in research
5516and development making a cumulative investment of $25 million
5517and creating 25 jobs may be eligible for a total qualified high-
5518impact business performance grant of $700,000 to $1 million.
5519     5.  A qualified high-impact business engaged in research
5520and development making a cumulative investment of $75 million,
5521and creating 75 jobs may be eligible for a total qualified high-
5522impact business performance grant of $2 million to $3 million.
5523     6.  A qualified high-impact business engaged in research
5524and development making a cumulative investment of $150 million,
5525and creating 150 jobs may be eligible for a qualified high-
5526impact business performance grant of $3.5 million to $4.5
5527million.
5528     (d)  The balance of the performance grant award shall be
5529paid to the qualified high-impact business upon the business's
5530certification that full operations have commenced and that the
5531full investment and employment goals specified in the qualified
5532high-impact business agreement have been met and verified by the
5533department Office of Tourism, Trade, and Economic Development.
5534The verification must occur not later than 60 days after the
5535qualified high-impact business has provided the certification
5536specified in this paragraph.
5537     (e)  The department office may, upon a showing of
5538reasonable cause for delay and significant progress toward the
5539achievement of the investment and employment goals specified in
5540the qualified high-impact business agreement, extend the date
5541for commencement of operations, not to exceed an additional 2
5542years beyond the limit specified in paragraph (2)(c)(2)(a), but
5543in no case may any high-impact sector performance grant payment
5544be made to the business until the scheduled goals have been
5545achieved.
5546     (4)  OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
5547AUTHORITY TO APPROVE QUALIFIED HIGH-IMPACT BUSINESS PERFORMANCE
5548GRANTS.-
5549     (a)  The total amount of active performance grants
5550scheduled for payment by the department office in any single
5551fiscal year may not exceed the lesser of $30 million or the
5552amount appropriated by the Legislature for that fiscal year for
5553qualified high-impact business performance grants. If the
5554scheduled grant payments are not made in the year for which they
5555were scheduled in the qualified high-impact business agreement
5556and are rescheduled as authorized in paragraph (3)(e), they are,
5557for purposes of this paragraph, deemed to have been paid in the
5558year in which they were originally scheduled in the qualified
5559high-impact business agreement.
5560     (b)  If the Legislature does not appropriate an amount
5561sufficient to satisfy the qualified high-impact business
5562performance grant payments scheduled for any fiscal year, the
5563Governor, through the department, Office shall, not later than
5564July 15 of that year, determine the proportion of each grant
5565payment which may be paid by dividing the amount appropriated
5566for qualified high-impact business performance grant payments
5567for the fiscal year by the total performance grant payments
5568scheduled in all performance grant agreements for the fiscal
5569year. The amount of each grant scheduled for payment in that
5570fiscal year must be multiplied by the resulting quotient. All
5571businesses affected by this calculation must be notified by
5572August 1 of each fiscal year. If, after the payment of all the
5573refund claims, funds remain in the appropriation for payment of
5574qualified high-impact business performance grants, the
5575department Office shall recalculate the proportion for each
5576performance grant payment and adjust the amount of each claim
5577accordingly.
5578     (5)  APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.-
5579     (a)  The department shall review an application pursuant to
5580s. 288.061 which is received from any eligible business, as
5581defined in subsection (2), shall apply to Enterprise Florida,
5582Inc., for consideration as a qualified high-impact business
5583before the business has made a decision to locate or expand a
5584facility in this state. A business must provide The application,
5585developed by the Office of Tourism, Trade, and Economic
5586Development, in consultation with Enterprise Florida, Inc., must
5587include, but is not limited to, the following information:
5588     1.  A complete description of the type of facility,
5589business operations, and product or service associated with the
5590project.
5591     2.  The number of full-time equivalent jobs that will be
5592created by the project and the average annual wage of those
5593jobs.
5594     3.  The cumulative amount of investment to be dedicated to
5595this project within 3 years.
5596     4.  A statement concerning any special impacts the facility
5597is expected to stimulate in the sector, the state, or regional
5598economy and in state universities and community colleges.
5599     5.  A statement concerning the role the grant will play in
5600the decision of the applicant business to locate or expand in
5601this state.
5602     6.  Any additional information requested by the department
5603Enterprise Florida, Inc., and the Office of Tourism, Trade, and
5604Economic Development.
5605     (c)  The Governor director and the qualified high-impact
5606business shall enter into a performance grant agreement setting
5607forth the conditions for payment of the qualified high-impact
5608business performance grant. The agreement shall include the
5609total amount of the qualified high-impact business facility
5610performance grant award, the performance conditions that must be
5611met to obtain the award, including the employment, average
5612salary, investment, the methodology for determining if the
5613conditions have been met, and the schedule of performance grant
5614payments.
5615     (6)  SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.-
5616     (a)  Enterprise Florida, Inc., shall, by January 1, of
5617every third year, beginning January 1, 2011, initiate the
5618process of reviewing and, if appropriate, selecting a new high-
5619impact sector for designation or recommending the deactivation
5620of a designated high-impact sector. The process of reviewing
5621designated high-impact sectors or recommending the deactivation
5622of a designated high-impact sector shall be in consultation with
5623the department office, economic development organizations, the
5624State University System, local governments, employee and
5625employer organizations, market analysts, and economists.
5626     (b)  The department Office has authority, only after
5627recommendation from Enterprise Florida, Inc., to designate a
5628high-impact sector or to deauthorize a designated high-impact
5629sector.
5630     (c)  To begin the process of selecting and designating a
5631new high-impact sector, Enterprise Florida, Inc., shall
5632undertake a thorough study of the proposed sector. This study
5633must consider the definition of the sector, including the types
5634of facilities which characterize the sector that might qualify
5635for a high-impact performance grant and whether a powerful
5636incentive like the high-impact performance grant is needed to
5637induce major facilities in the sector to locate or grow in this
5638state; the benefits that major facilities in the sector have or
5639could have on the state's economy and the relative significance
5640of those benefits; the needs of the sector and major sector
5641facilities, including natural, public, and human resources and
5642benefits and costs with regard to these resources; the sector's
5643current and future markets; the current fiscal and potential
5644fiscal impacts of the sector, to both the state and its
5645communities; any geographic opportunities or limitations with
5646regard to the sector, including areas of the state most likely
5647to benefit from the sector and areas unlikely to benefit from
5648the sector; the state's advantages or disadvantages with regard
5649to the sector; and the long-term expectations for the industry
5650on a global level and in the state. If Enterprise Florida, Inc.,
5651finds favorable conditions for the designation of the sector as
5652a high-impact sector, it shall include in the study
5653recommendations for a complete and comprehensive sector
5654strategy, including appropriate marketing and workforce
5655strategies for the entire sector and any recommendations that
5656Enterprise Florida, Inc., may have for statutory or policy
5657changes needed to improve the state's business climate and to
5658attract and grow Florida businesses, particularly small
5659businesses, in the proposed sector. The study shall reflect the
5660finding of the sector-business network specified in paragraph
5661(d).
5662     (d)  In conjunction with the study required in paragraph
5663(c), Enterprise Florida, Inc., shall develop and consult with a
5664network of sector businesses. While this network may include
5665non-Florida businesses, it must include any businesses currently
5666within the state. If the number of Florida businesses in the
5667sector is large, a representative cross-section of Florida
5668sector businesses may form the core of this network.
5669     (e)  The study and its findings and recommendations and the
5670recommendations gathered from the sector-business network must
5671be discussed and considered during the meeting required in s.
567214.2015(2)(e).
5673     (e)(f)  If after consideration of the completed study
5674required in paragraph (c) and the input derived from
5675consultation with the sector-business network in paragraph (d)
5676and the quarterly meeting as required in paragraph (e), the
5677board of directors of Enterprise Florida, Inc., finds that the
5678sector will have exceptionally large and widespread benefits to
5679the state and its citizens, relative to any public costs; that
5680the sector is characterized by the types of facilities that
5681require exceptionally large investments and provide employment
5682opportunities to a relatively large number of workers in high-
5683quality, high-income jobs that might qualify for a high-impact
5684performance grant; and that given the competition for such
5685businesses it may be necessary for the state to be able to offer
5686a large inducement, such as a high-impact performance grant, to
5687attract such a business to the state or to encourage businesses
5688to continue to grow in the state, the board of directors of
5689Enterprise Florida, Inc., may recommend that the department
5690office consider the designation of the sector as a high-impact
5691business sector.
5692     (f)(g)  Upon receiving a recommendation from the board of
5693directors of Enterprise Florida, Inc., together with the study
5694required in paragraph (c) and a summary of the findings and
5695recommendations of the sector-business network required in
5696paragraph (d), the department including a list of all meetings
5697of the sector network and participants in those meetings and the
5698findings and recommendations from the quarterly meeting as
5699required in paragraph (e), the Office shall after a thorough
5700evaluation of the study and accompanying materials report its
5701findings and either concur in the recommendation of Enterprise
5702Florida, Inc., and designate the sector as a high-impact
5703business sector or notify Enterprise Florida, Inc., that it does
5704not concur and deny the board's request for designation or
5705return the recommendation and study to Enterprise Florida, Inc.,
5706for further evaluation. In any case, the department director's
5707decision must be in writing and justify the reasons for the
5708decision.
5709     (g)(h)  If the department Office designates the sector as a
5710high-impact sector, it shall, within 30 days, notify the
5711Governor, the President of the Senate, and the Speaker of the
5712House of Representatives of its decision and provide a complete
5713report on its decision, including copies of the material
5714provided by Enterprise Florida, Inc., and the department Office
5715of Tourism, Trade, and Economic Development's evaluation and
5716comment on any statutory or policy changes recommended by
5717Enterprise Florida, Inc.
5718     (h)(i)  For the purposes of this subsection, a high-impact
5719sector consists of the silicon technology sector that Enterprise
5720Florida, Inc., has found to be focused around the type of high-
5721impact businesses for which the incentive created in this
5722subsection is required and will create the kinds of sector and
5723economy wide benefits that justify the use of state resources to
5724encourage these investments and require substantial inducements
5725to compete with the incentive packages offered by other states
5726and nations.
5727     (7)  RULEMAKING.-The department Office may adopt rules
5728necessary to administer carry out the provisions of this
5729section.
5730     Section 70.  Section 288.1081, Florida Statutes, is amended
5731to read:
5732     288.1081  Economic Gardening Business Loan Pilot Program.-
5733     (1)  There is created within the department Office of
5734Tourism, Trade, and Economic Development the Economic Gardening
5735Business Loan Pilot Program. The purpose of the pilot program is
5736to stimulate investment in Florida's economy by providing loans
5737to expanding businesses in the state. As used in this section,
5738the term "office" means the Office of Tourism, Trade, and
5739Economic Development.
5740     (2)  The Legislature finds that it is vital to the overall
5741health and growth of the state's economy to promote favorable
5742conditions for expanding Florida businesses that demonstrate the
5743ability to grow. The Legislature further finds that, due to the
5744current extraordinary economic challenges confronting the state,
5745there exists a public purpose in expending state resources to
5746stimulate investment in Florida's economy. It is therefore the
5747intent of the Legislature that resources be provided for the
5748pilot program.
5749     (3)(a)  To be eligible for a loan under the pilot program,
5750an applicant must be a business eligible for assistance under
5751the Economic Gardening Technical Assistance Pilot Program as
5752provided in s. 288.1082(4)(a).
5753     (b)  A loan applicant must submit a written application to
5754the loan administrator in the format prescribed by the loan
5755administrator. The application must include:
5756     1.  The applicant's federal employer identification number,
5757unemployment account number, and sales or other tax registration
5758number.
5759     2.  The street address of the applicant's principal place
5760of business in this state.
5761     3.  A description of the type of economic activity,
5762product, or research and development undertaken by the
5763applicant, including the six-digit North American Industry
5764Classification System code for each type of economic activity
5765conducted by the applicant.
5766     4.  The applicant's annual revenue, number of employees,
5767number of full-time equivalent employees, and other information
5768necessary to verify the applicant's eligibility for the pilot
5769program under s. 288.1082(4)(a).
5770     5.  The projected investment in the business, if any, which
5771the applicant proposes in conjunction with the loan.
5772     6.  The total investment in the business from all sources,
5773if any, which the applicant proposes in conjunction with the
5774loan.
5775     7.  The number of net new full-time equivalent jobs that,
5776as a result of the loan, the applicant proposes to create in
5777this state as of December 31 of each year and the average annual
5778wage of the proposed jobs.
5779     8.  The total number of full-time equivalent employees the
5780applicant currently employs in this state.
5781     9.  The date that the applicant anticipates it needs the
5782loan.
5783     10.  A detailed explanation of why the loan is needed to
5784assist the applicant in expanding jobs in the state.
5785     11.  A statement that all of the applicant's available
5786corporate assets are pledged as collateral for the amount of the
5787loan.
5788     12.  A statement that the applicant, upon receiving the
5789loan, agrees not to seek additional long-term debt without prior
5790approval of the loan administrator.
5791     13.  A statement that the loan is a joint obligation of the
5792business and of each person who owns at least 20 percent of the
5793business.
5794     14.  Any additional information requested by the department
5795office or the loan administrator.
5796     (c)  The loan administrator, after verifying the accuracy
5797of a submitted application, shall award the loan to the
5798applicant if the administrator determines that the applicant, as
5799compared to other applicants submitting applications, is in the
5800best position to use the loan to continue making a successful
5801long-term business commitment to the state. The loan
5802administrator also shall consider the following factors:
5803     1.  Whether the applicant has applied for or received
5804incentives from local governments;
5805     2.  Whether the applicant has applied for or received
5806waivers of taxes, impact fees, or other fees or charges by local
5807governments; and
5808     3.  What other sources of investments or financing for the
5809project that is the subject of the loan application will be
5810available to the applicant.
5811     (d)  A borrower awarded a loan under this section and the
5812loan administrator must enter into a loan agreement that
5813provides for the borrower's repayment of the loan.
5814     (4)  The following terms apply to a loan received under the
5815pilot program:
5816     (a)  The maximum amount of the loan is $250,000.
5817     (b)  The proceeds of the loan may be used for working
5818capital purchases, employee training, or salaries for newly
5819created jobs in the state.
5820     (c)  The security interest for the loan's collateral
5821covering all of the borrower's available corporate assets to
5822cover the amount of the loan must be perfected by recording a
5823lien under the Uniform Commercial Code.
5824     (d)  The period of the loan is 4 years.
5825     (e)  The interest rate of the loan is 2 percent. However,
5826if the borrower does not create the projected number of jobs
5827within the terms of the loan agreement, the interest rate shall
5828be increased for the remaining period of the loan to the prime
5829rate published in the Wall Street Journal, as of the date
5830specified in the loan agreement, plus 4 percentage points. The
5831loan agreement may provide flexibility in meeting the projected
5832number of jobs for delays due to governmental regulatory issues,
5833including, but not limited to, permitting.
5834     (f)  For the first 12 months of the loan, payment is due
5835for interest only, payable during the twelfth month. Thereafter,
5836payment for interest and principal is due each month until the
5837loan is paid in full. Interest and principal payments are based
5838on the unpaid balance of the total loan amount.
5839     (5)(a)  The department Office may designate one or more
5840qualified entities to serve as loan administrators for the pilot
5841program. A loan administrator must:
5842     1.  Be a Florida corporation not for profit incorporated
5843under chapter 617 which has its principal place of business in
5844the state.
5845     2.  Have 5 years of verifiable experience of lending to
5846businesses in this state.
5847     3.  Submit an application to the department Office on forms
5848prescribed by the department Office. The application must
5849include the loan administrator's business plan for its proposed
5850lending activities under the pilot program, including, but not
5851limited to, a description of its outreach efforts, underwriting,
5852credit policies and procedures, credit decision processes,
5853monitoring policies and procedures, and collection practices;
5854the membership of its board of directors; and samples of its
5855currently used loan documentation. The application must also
5856include a detailed description and supporting documentation of
5857the nature of the loan administrator's partnerships with local
5858or regional economic and business development organizations.
5859     (b)  The department Office, upon selecting a loan
5860administrator, shall enter into a grant agreement with the
5861administrator to issue the available loans to eligible
5862applicants. The grant agreement must specify the aggregate
5863amount of the loans authorized for award by the loan
5864administrator. The term of the grant agreement must be at least
58654 years, except that the department Office may terminate the
5866agreement earlier if the loan administrator fails to meet
5867minimum performance standards set by the department office. The
5868grant agreement may be amended by mutual consent of both
5869parties.
5870     (c)  The department Office shall disburse from the Economic
5871Development Trust Fund to the loan administrator the
5872appropriations provided for the pilot program. Disbursements to
5873the loan administrator must not exceed the aggregate amount of
5874the loans authorized in the grant agreement. The department
5875Office may not disburse more than 50 percent of the aggregate
5876amount of the loans authorized in the grant agreement until the
5877department Office verifies the borrowers' use of the loan
5878proceeds and the loan administrator's successful credit
5879decisionmaking policies.
5880     (d)  A loan administrator is entitled to receive a loan
5881origination fee, payable at closing, of 1 percent of each loan
5882issued by the loan administrator and a servicing fee of 0.625
5883percent per annum of the loan's outstanding principal balance,
5884payable monthly. During the first 12 months of the loan, the
5885servicing fee shall be paid from the disbursement from the
5886Economic Development Trust Fund, and thereafter the loan
5887administrator shall collect the servicing fee from the payments
5888made by the borrower, charging the fee against repayments of
5889principal.
5890     (e)  A loan administrator, after collecting the servicing
5891fee in accordance with paragraph (d), shall remit the borrower's
5892collected interest, principal payments, and charges for late
5893payments to the department office on a quarterly basis. If the
5894borrower defaults on the loan, the loan administrator shall
5895initiate collection efforts to seek repayment of the loan. The
5896loan administrator, upon collecting payments for a defaulted
5897loan, shall remit the payments to the department office but, to
5898the extent authorized in the grant agreement, may deduct the
5899costs of the administrator's collection efforts. The department
5900Office shall deposit all funds received under this paragraph in
5901the General Revenue Fund.
5902     (f)  A loan administrator shall submit quarterly reports to
5903the department Office which include the information required in
5904the grant agreement. A quarterly report must include, at a
5905minimum, the number of full-time equivalent jobs created as a
5906result of the loans, the amount of wages paid to employees in
5907the newly created jobs, and the locations and types of economic
5908activity undertaken by the borrowers.
5909     (6)  All notes, mortgages, security agreements, letters of
5910credit, or other instruments that are given to secure the
5911repayment of loans issued in connection with the financing of
5912any loan under the program, without regard to the status of any
5913party thereto as a private party, are exempt from taxation by
5914the state and its political subdivisions. The exemption granted
5915in this subsection does not apply to any tax imposed by chapter
5916220 on interest, income, or profits on debt obligations owned by
5917corporations.
5918     (7)  The department Office shall adopt rules under ss.
5919120.536(1) and 120.54 to administer this section. To the extent
5920necessary to expedite implementation of the pilot program, the
5921department Office may adopt initial emergency rules for the
5922pilot program in accordance with s. 120.54(4).
5923     (8)  On June 30 and December 31 of each year, the
5924department, beginning in 2009, the Office shall submit a report
5925to the Governor, the President of the Senate, and the Speaker of
5926the House of Representatives which describes in detail the use
5927of the loan funds. The report must include, at a minimum, the
5928number of businesses receiving loans, the number of full-time
5929equivalent jobs created as a result of the loans, the amount of
5930wages paid to employees in the newly created jobs, the locations
5931and types of economic activity undertaken by the borrowers, the
5932amounts of loan repayments made to date, and the default rate of
5933borrowers.
5934     (9)  Unexpended balances of appropriations provided for the
5935pilot program shall not revert to the fund from which the
5936appropriation was made at the end of a fiscal year but shall be
5937retained in the Economic Development Trust Fund and be carried
5938forward for expenditure for the pilot program during the
5939following fiscal year. A loan administrator may not award a new
5940loan or enter into a loan agreement after June 30, 2011.
5941Balances of appropriations provided for the pilot program which
5942remain unexpended as of July 1, 2011, shall revert to the
5943General Revenue Fund.
5944     (10)  This section is repealed July 1, 2016, unless
5945reviewed and reenacted by the Legislature before that date.
5946     Section 71.  Section 288.1082, Florida Statutes, is amended
5947to read:
5948     288.1082  Economic Gardening Technical Assistance Pilot
5949Program.-
5950     (1)  There is created within the department Office of
5951Tourism, Trade, and Economic Development the Economic Gardening
5952Technical Assistance Pilot Program. The purpose of the pilot
5953program is to stimulate investment in Florida's economy by
5954providing technical assistance for expanding businesses in the
5955state. As used in this section, the term "Office" means the
5956Office of Tourism, Trade, and Economic Development.
5957     (2)  The department Office shall contract with one or more
5958entities to administer the pilot program under this section. The
5959department Office shall award each contract in accordance with
5960the competitive bidding requirements in s. 287.057 to an entity
5961that demonstrates the ability to implement the pilot program on
5962a statewide basis, has an outreach plan, and has the ability to
5963provide counseling services, access to technology and
5964information, marketing services and advice, business management
5965support, and other similar services. In selecting these
5966entities, the department Office also must consider whether the
5967entities will qualify for matching funds to provide the
5968technical assistance.
5969     (3)  A contracted entity administering the pilot program
5970shall provide technical assistance for eligible businesses which
5971includes, but is not limited to:
5972     (a)  Access to free or affordable information services and
5973consulting services, including information on markets,
5974customers, and competitors, such as business databases,
5975geographic information systems, and search engine marketing.
5976     (b)  Development of business connections, including
5977interaction and exchange among business owners and resource
5978providers, such as trade associations, think tanks, academic
5979institutions, business roundtables, peer-to-peer learning
5980sessions, and mentoring programs.
5981     (4)(a)  To be eligible for assistance under the pilot
5982program, a business must be a for-profit, privately held,
5983investment-grade business that employs at least 10 persons but
5984not more than 50 persons, has maintained its principal place of
5985business in the state for at least the previous 2 years,
5986generates at least $1 million but not more than $25 million in
5987annual revenue, qualifies for the tax refund program for
5988qualified target industry businesses under s. 288.106, and,
5989during 3 of the previous 5 years, has increased both its number
5990of full-time equivalent employees in this state and its gross
5991revenues.
5992     (b)  A contracted entity administering the pilot program,
5993in selecting the eligible businesses to receive assistance,
5994shall choose businesses in more than one industry cluster and,
5995to the maximum extent practicable, shall choose businesses that
5996are geographically distributed throughout Florida or are in
5997partnership with businesses that are geographically distributed
5998throughout Florida.
5999     (5)(a)  A business receiving assistance under the pilot
6000program must enter into an agreement with the contracted entity
6001administering the program to establish the business's commitment
6002to participation in the pilot program. The agreement must
6003require, at a minimum, that the business:
6004     1.  Attend a minimum number of meetings between the
6005business and the contracted entity administering the pilot
6006program.
6007     2.  Report job creation data in the manner prescribed by
6008the contracted entity administering the pilot program.
6009     3.  Provide financial data in the manner prescribed by the
6010contracted entity administering the program.
6011     (b)  The department office or the contracted entity
6012administering the pilot program may prescribe in the agreement
6013additional reporting requirements that are necessary to track
6014the progress of the business and monitor the business's
6015implementation of the assistance. The contracted entity shall
6016report the information to the department office on a quarterly
6017basis.
6018     (6)  A contracted entity administering the pilot program is
6019authorized to promote the general business interests or
6020industrial interests of the state.
6021     (7)  The department Office shall review the progress of a
6022contracted entity administering the pilot program at least once
6023each 6 months and shall determine whether the contracted entity
6024is meeting its contractual obligations for administering the
6025pilot program. The department Office may terminate and rebid a
6026contract if the contracted entity does not meet its contractual
6027obligations.
6028     (8)  On December 31 of each year, the department, beginning
6029in 2009, the Office shall submit a report to the Governor, the
6030President of the Senate, and the Speaker of the House of
6031Representatives which describes in detail the progress of the
6032pilot program. The report must include, at a minimum, the number
6033of businesses receiving assistance, the number of full-time
6034equivalent jobs created as a result of the assistance, if any,
6035the amount of wages paid to employees in the newly created jobs,
6036and the locations and types of economic activity undertaken by
6037the businesses.
6038     (9)  the department Office may adopt rules under ss.
6039120.536(1) and 120.54 to administer this section.
6040     Section 72.  Subsections (1), (2), (4), (5), (6), and (9)
6041of section 288.1083, Florida Statutes, are amended to read:
6042     288.1083  Manufacturing and Spaceport Investment Incentive
6043Program.-
6044     (1)  The Manufacturing and Spaceport Investment Incentive
6045Program is created within the department Office of Tourism,
6046Trade, and Economic Development. The purpose of the program is
6047to encourage capital investment and job creation in
6048manufacturing and spaceport activities in this state.
6049     (2)  As used in this section, the term:
6050     (a)  "Base year purchases" means the total cost of eligible
6051equipment purchased and placed into service in this state by an
6052eligible entity in its tax year that began in 2008.
6053     (b)  "Department" means the Department of Revenue.
6054     (b)(c)  "Eligible entity" means an entity that
6055manufactures, processes, compounds, or produces items for sale
6056of tangible personal property or engages in spaceport
6057activities. The term also includes an entity that engages in
6058phosphate or other solid minerals severance, mining, or
6059processing operations. The term does not include electric
6060utility companies, communications companies, oil or gas
6061exploration or production operations, publishing firms that do
6062not export at least 50 percent of their finished product out of
6063the state, any firm subject to regulation by the Division of
6064Hotels and Restaurants of the Department of Business and
6065Professional Regulation, or any firm that does not manufacture,
6066process, compound, or produce for sale items of tangible
6067personal property or that does not use such machinery and
6068equipment in spaceport activities.
6069     (c)(d)  "Eligible equipment" means tangible personal
6070property or other property that has a depreciable life of 3
6071years or more and that is used as an integral part in the
6072manufacturing, processing, compounding, or production of
6073tangible personal property for sale or is exclusively used in
6074spaceport activities, and that is located and placed into
6075service in this state. A building and its structural components
6076are not eligible equipment unless the building or structural
6077component is so closely related to the industrial machinery and
6078equipment that it houses or supports that the building or
6079structural component can be expected to be replaced when the
6080machinery and equipment are replaced. Heating and air-
6081conditioning systems are not eligible equipment unless the sole
6082justification for their installation is to meet the requirements
6083of the production process, even though the system may provide
6084incidental comfort to employees or serve, to an insubstantial
6085degree, nonproduction activities. The term includes parts and
6086accessories only to the extent that the exemption of such parts
6087and accessories is consistent with the provisions of this
6088paragraph.
6089     (d)(e)  "Eligible equipment purchases" means the cost of
6090eligible equipment purchased and placed into service in this
6091state in a given state fiscal year by an eligible entity in
6092excess of the entity's base year purchases.
6093     (f)  "Office" means The Office of Tourism, Trade, and
6094Economic Development.
6095     (e)(g)  "Refund" means a payment to an eligible entity for
6096the amount of state sales and use tax actually paid on eligible
6097equipment purchases.
6098     (4)  To receive a refund, a business entity must first
6099apply to the department Office for a tax refund allocation. The
6100entity shall provide such information in the application as
6101reasonably required by the department Office. Further, the
6102business entity shall provide such information as is required by
6103the department Office to establish the cost incurred and actual
6104sales and use tax paid to purchase eligible equipment located
6105and placed into service in this state during its taxable year
6106that began in 2008.
6107     (a)  Within 30 days after the department Office receives an
6108application for a refund, the Governor Office shall approve or
6109disapprove the application.
6110     (b)  Refund allocations made during the 2010-2011 fiscal
6111year shall be awarded in the same order in which applications
6112are received. Eligible entities may apply to the department
6113Office beginning July 1, 2010, for refunds attributable to
6114eligible equipment purchases made during the 2010-2011 fiscal
6115year. For the 2010-2011 fiscal year, the department Office shall
6116allocate the maximum amount of $50,000 per entity until the
6117entire $19 million available for refund in state fiscal year
61182010-2011 has been allocated. If the total amount available for
6119allocation during the 2010-2011 fiscal year is allocated, the
6120department Office shall continue taking applications. Each
6121applicant shall be informed of its place in the queue and
6122whether the applicant received an allocation of the eligible
6123funds.
6124     (c)  Refund allocations made during the 2011-2012 fiscal
6125year shall first be given to any applicants remaining in the
6126queue from the prior fiscal year. The department Office shall
6127allocate the maximum amount of $50,000 per entity, first to
6128those applicants that remained in the queue from 2010-2011 for
6129eligible purchases in 2010-2011, then to applicants for 2011-
61302012 in the order applications are received for eligible
6131purchases in 2011-2012. The department Office shall allocate the
6132maximum amount of $50,000 per entity until the entire $24
6133million available to be allocated for refund in the 2011-2012
6134fiscal year is allocated. If the total amount available for
6135refund in 2011-2012 has been allocated, The department Office
6136shall continue to accept applications from eligible entities in
6137the 2011-2012 fiscal year for refunds attributable to eligible
6138equipment purchases made during the 2011-2012 fiscal year.
6139Refund allocations made during the 2011-2012 fiscal year shall
6140be awarded in the same order in which applications are received.
6141Upon submitting an application, each applicant shall be informed
6142of its place in the queue and whether the applicant has received
6143an allocation of the eligible funds.
6144     (5)  Upon completion of eligible equipment purchases, a
6145business entity that received a refund allocation from the
6146department Office must apply to the Governor office for
6147certification of a refund. For eligible equipment purchases made
6148during the 2010-2011 fiscal year, the application for
6149certification must be made no later than September 1, 2011. For
6150eligible equipment purchases made during the 2011-2012 fiscal
6151year, the application for certification must be made no later
6152than September 1, 2012. The application shall provide such
6153documentation as is reasonably required by the department Office
6154to calculate the refund amount, including documentation
6155necessary to confirm the cost of eligible equipment purchases
6156supporting the claim of the sales and use tax paid thereon.
6157Further, the business entity shall provide such documentation as
6158required by the department Office to establish the entity's base
6159year purchases. If, upon reviewing the application, the
6160department Office determines that eligible equipment purchases
6161did not occur, that the amount of tax claimed to have been paid
6162or remitted on the eligible equipment purchases is not supported
6163by the documentation provided, or that the information provided
6164to the Office was otherwise inaccurate, the amount of the refund
6165allocation not substantiated may shall not be certified.
6166Otherwise, the department Office shall recommend to the Governor
6167determine and certify the amount of the refund to certify to the
6168eligible entity and to the Department of Revenue within 30 days
6169after the Department of Economic Opportunity office receives the
6170application for certification.
6171     (6)  Upon certification of a refund for an eligible entity,
6172the entity shall apply to the Department of Revenue within 30
6173days for payment of the certified amount as a refund on a form
6174prescribed by the Department of Revenue. The Department of
6175Revenue may request documentation in support of the application
6176and adopt emergency rules to administer the refund application
6177process.
6178     (9)  The Department of Economic Opportunity Office shall
6179adopt emergency rules governing applications for, issuance of,
6180and procedures for allocation and certification and may
6181establish guidelines as to the requisites for demonstrating base
6182year purchases and eligible equipment purchases.
6183     Section 73.  Subsections (2), (3), and (5) of section
6184288.1088, Florida Statutes, are amended to read:
6185     288.1088  Quick Action Closing Fund.-
6186     (2)  There is created within the department Office of
6187Tourism, Trade, and Economic Development the Quick Action
6188Closing Fund. Projects eligible for receipt of funds from the
6189Quick Action Closing Fund shall:
6190     (a)  Be in an industry as referenced in s. 288.106.
6191     (b)  Have a positive economic benefit payback ratio of at
6192least 5 to 1.
6193     (c)  Be an inducement to the project's location or
6194expansion in the state.
6195     (d)  Pay an average annual wage of at least 125 percent of
6196the areawide or statewide private sector average wage.
6197     (e)  Be supported by the local community in which the
6198project is to be located.
6199     (3)(a)  The department Enterprise Florida, Inc., shall
6200review applications pursuant to s. 288.061 and determine the
6201eligibility of each project consistent with the criteria in
6202subsection (2). Waiver of Enterprise Florida, Inc., in
6203consultation with the Office of Tourism, Trade, and Economic
6204Development, may waive these criteria may be considered under
6205the following conditions:
6206     1.  Based on extraordinary circumstances;
6207     2.  In order to mitigate the impact of the conclusion of
6208the space shuttle program; or
6209     3.  In rural areas of critical economic concern if the
6210project would significantly benefit the local or regional
6211economy.
6212     (b)  The department Enterprise Florida, Inc., shall
6213evaluate individual proposals for high-impact business
6214facilities and forward recommendations regarding the use of
6215moneys in the fund for such facilities to the director of the
6216Office of Tourism, Trade, and Economic Development. Such
6217evaluation and recommendation must include, but need not be
6218limited to:
6219     1.  A description of the type of facility or
6220infrastructure, its operations, and the associated product or
6221service associated with the facility.
6222     2.  The number of full-time-equivalent jobs that will be
6223created by the facility and the total estimated average annual
6224wages of those jobs or, in the case of privately developed rural
6225infrastructure, the types of business activities and jobs
6226stimulated by the investment.
6227     3.  The cumulative amount of investment to be dedicated to
6228the facility within a specified period.
6229     4.  A statement of any special impacts the facility is
6230expected to stimulate in a particular business sector in the
6231state or regional economy or in the state's universities and
6232community colleges.
6233     5.  A statement of the role the incentive is expected to
6234play in the decision of the applicant business to locate or
6235expand in this state or for the private investor to provide
6236critical rural infrastructure.
6237     6.  A report evaluating the quality and value of the
6238company submitting a proposal. The report must include:
6239     a.  A financial analysis of the company, including an
6240evaluation of the company's short-term liquidity ratio as
6241measured by its assets to liability, the company's profitability
6242ratio, and the company's long-term solvency as measured by its
6243debt-to-equity ratio;
6244     b.  The historical market performance of the company;
6245     c.  A review of any independent evaluations of the company;
6246     d.  A review of the latest audit of the company's financial
6247statement and the related auditor's management letter; and
6248     e.  A review of any other types of audits that are related
6249to the internal and management controls of the company.
6250     (c)  The Commissioner of Economic Opportunity Within 22
6251calendar days after receiving the evaluation and recommendation
6252from Enterprise Florida, Inc., the director of the Office of
6253Tourism, Trade, and Economic Development shall recommend to the
6254Governor the approval or disapproval of a project for receipt of
6255funds from the Quick Action Closing Fund. In recommending a
6256project, the commissioner the director shall include proposed
6257performance conditions that the project must meet to obtain
6258incentive funds. The Governor may approve project awards up to
6259$5 million. For any project award that exceeds $5 million, the
6260Governor shall provide the evaluation of projects recommended
6261for approval to the President of the Senate and the Speaker of
6262the House of Representatives and consult with the President of
6263the Senate and the Speaker of the House of Representatives
6264before giving final approval for the a project. Such
6265consultation shall be accomplished by At least 14 days before
6266releasing funds for a project, the Executive Office of the
6267Governor, recommending shall recommend approval of the project
6268and the release of funds by delivering notice of such action
6269pursuant to the legislative consultation and review requirements
6270set forth in s. 216.177. The recommendation must include
6271proposed performance conditions that the project must meet in
6272order to obtain funds. If the chair or vice chair of the
6273Legislative Budget Commission or the President of the Senate or
6274the Speaker of the House of Representatives timely advises the
6275Executive Office of the Governor, in writing, within 3 business
6276days after receipt of the notice that such action or proposed
6277action exceeds the delegated authority of the Executive Office
6278of the Governor or is contrary to legislative policy or intent,
6279the Executive Office of the Governor shall void the action
6280release of funds and instruct the department Office of Tourism,
6281Trade, and Economic Development to immediately change such
6282action or proposed action until the Legislative Budget
6283Commission or the Legislature addresses the issue.
6284Notwithstanding such requirement, any project exceeding
6285$2,000,000 must be approved by the Legislative Budget Commission
6286prior to the funds being released.
6287     (d)  Upon the approval of the project, the Governor, the
6288director of the Office of Tourism, Trade, and Economic
6289Development and the business shall enter into a contract that
6290sets forth the conditions for payment of moneys from the fund.
6291The contract must include the total amount of funds awarded; the
6292performance conditions that must be met to obtain the award,
6293including, but not limited to, net new employment in the state,
6294average salary, and total capital investment; demonstrate a
6295baseline of current service and a measure of enhanced
6296capability; the methodology for validating performance; the
6297schedule of payments from the fund; and sanctions for failure to
6298meet performance conditions. The contract must provide that
6299payment of moneys from the fund is contingent upon sufficient
6300appropriation of funds by the Legislature.
6301     (e)  The department Enterprise Florida, Inc., shall
6302validate contractor performance. Such validation shall be
6303reported within 6 months after completion of the contract to the
6304Governor, President of the Senate, and the Speaker of the House
6305of Representatives.
6306     (5)  Funds appropriated by the Legislature for purposes of
6307implementing this section shall be placed in reserve and may
6308only be released pursuant to the legislative consultation and
6309review requirements set forth in this section.
6310     Section 74.  Subsection (1), paragraphs (b), (f), and (o)
6311of subsection (2), and subsections (3), (4), (5), (6), (7), (8),
6312(9), (11), and (12) of section 288.1089, Florida Statutes, are
6313amended, and present paragraphs (g) through (n) and paragraphs
6314(p) through (s) of subsection (2) are redesignated as paragraphs
6315(f) through (m) and paragraphs (n) through (q), respectively, to
6316read:
6317     288.1089  Innovation Incentive Program.-
6318     (1)  The Innovation Incentive Program is created within the
6319department Office of Tourism, Trade, and Economic Development to
6320ensure that sufficient resources are available to allow the
6321state to respond expeditiously to extraordinary economic
6322opportunities and to compete effectively for high-value research
6323and development, innovation business, and alternative and
6324renewal energy projects.
6325     (2)  As used in this section, the term:
6326     (b)  "Average private sector wage" means the statewide
6327average wage in the private sector or the average of all private
6328sector wages in the county or in the standard metropolitan area
6329in which the project is located as determined by the department
6330Agency for Workforce Innovation.
6331     (f)  "Director" means the director of the Office of
6332Tourism, Trade, and Economic Development.
6333     (o)  "Office" means the Office of Tourism, Trade, and
6334Economic Development.
6335     (3)  To be eligible for consideration for an innovation
6336incentive award, an innovation business, a research and
6337development entity, or an alternative and renewable energy
6338company must submit a written application to the department
6339Enterprise Florida, Inc., before making a decision to locate new
6340operations in this state or expand an existing operation in this
6341state. The application must include, but not be limited to:
6342     (a)  The applicant's federal employer identification
6343number, unemployment account number, and state sales tax
6344registration number. If such numbers are not available at the
6345time of application, they must be submitted to the department
6346office in writing before prior to the disbursement of any
6347payments under this section.
6348     (b)  The location in this state at which the project is
6349located or is to be located.
6350     (c)  A description of the type of business activity,
6351product, or research and development undertaken by the
6352applicant, including six-digit North American Industry
6353Classification System codes for all activities included in the
6354project.
6355     (d)  The applicant's projected investment in the project.
6356     (e)  The total investment, from all sources, in the
6357project.
6358     (f)  The number of net new full-time equivalent jobs in
6359this state the applicant anticipates having created as of
6360December 31 of each year in the project and the average annual
6361wage of such jobs.
6362     (g)  The total number of full-time equivalent employees
6363currently employed by the applicant in this state, if
6364applicable.
6365     (h)  The anticipated commencement date of the project.
6366     (i)  A detailed explanation of why the innovation incentive
6367is needed to induce the applicant to expand or locate in the
6368state and whether an award would cause the applicant to locate
6369or expand in this state.
6370     (j)  If applicable, an estimate of the proportion of the
6371revenues resulting from the project that will be generated
6372outside this state.
6373     (4)  To qualify for review by the department Office, the
6374applicant must, at a minimum, establish the following to the
6375satisfaction of the department Enterprise Florida, Inc., and the
6376Office:
6377     (a)  The jobs created by the project must pay an estimated
6378annual average wage equaling at least 130 percent of the average
6379private sector wage. The Governor Office may waive this average
6380wage requirement at the request of Enterprise Florida, Inc., for
6381a project located in a rural area, a brownfield area, or an
6382enterprise zone, when the merits of the individual project or
6383the specific circumstances in the community in relationship to
6384the project warrant such action. A recommendation for waiver by
6385the department Enterprise Florida, Inc., must include a specific
6386justification for the waiver and be transmitted to the Governor
6387by the department Office in writing. If the Governor director
6388elects to waive the wage requirement, the waiver must be stated
6389in writing and the reasons for granting the waiver must be
6390explained.
6391     (b)  A research and development project must:
6392     1.  Serve as a catalyst for an emerging or evolving
6393technology cluster.
6394     2.  Demonstrate a plan for significant higher education
6395collaboration.
6396     3.  Provide the state, at a minimum, a break-even return on
6397investment within a 20-year period.
6398     4.  Be provided with a one-to-one match from the local
6399community. The match requirement may be reduced or waived in
6400rural areas of critical economic concern or reduced in rural
6401areas, brownfield areas, and enterprise zones.
6402     (c)  An innovation business project in this state, other
6403than a research and development project, must:
6404     1.a.  Result in the creation of at least 1,000 direct, new
6405jobs at the business; or
6406     b.  Result in the creation of at least 500 direct, new jobs
6407if the project is located in a rural area, a brownfield area, or
6408an enterprise zone.
6409     2.  Have an activity or product that is within an industry
6410that is designated as a target industry business under s.
6411288.106 or a designated sector under s. 288.108.
6412     3.a.  Have a cumulative investment of at least $500 million
6413within a 5-year period; or
6414     b.  Have a cumulative investment that exceeds $250 million
6415within a 10-year period if the project is located in a rural
6416area, brownfield area, or an enterprise zone.
6417     4.  Be provided with a one-to-one match from the local
6418community. The match requirement may be reduced or waived in
6419rural areas of critical economic concern or reduced in rural
6420areas, brownfield areas, and enterprise zones.
6421     (d)  For an alternative and renewable energy project in
6422this state, the project must:
6423     1.  Demonstrate a plan for significant collaboration with
6424an institution of higher education;
6425     2.  Provide the state, at a minimum, a break-even return on
6426investment within a 20-year period;
6427     3.  Include matching funds provided by the applicant or
6428other available sources. The match requirement may be reduced or
6429waived in rural areas of critical economic concern or reduced in
6430rural areas, brownfield areas, and enterprise zones;
6431     4.  Be located in this state; and
6432     5.  Provide at least 35 direct, new jobs that pay an
6433estimated annual average wage that equals at least 130 percent
6434of the average private sector wage.
6435     (5)  The department Enterprise Florida, Inc., shall review
6436evaluate proposals pursuant s. 288.061 for all three categories
6437of innovation incentive awards and transmit recommendations for
6438awards to the Office. Before recommending a proposal to the
6439Governor, the department making its recommendations on
6440alternative and renewable energy projects, Enterprise Florida,
6441Inc., shall solicit comments and recommendations from the
6442Florida Energy and Climate Commission. For each project, the
6443evaluation and recommendation to the Governor office must
6444include, but need not be limited to:
6445     (a)  A description of the project, its required facilities,
6446and the associated product, service, or research and development
6447associated with the project.
6448     (b)  The percentage of match provided for the project.
6449     (c)  The number of full-time equivalent jobs that will be
6450created by the project, the total estimated average annual wages
6451of such jobs, and the types of business activities and jobs
6452likely to be stimulated by the project.
6453     (d)  The cumulative investment to be dedicated to the
6454project within 5 years and the total investment expected in the
6455project if more than 5 years.
6456     (e)  The projected economic and fiscal impacts on the local
6457and state economies relative to investment.
6458     (f)  A statement of any special impacts the project is
6459expected to stimulate in a particular business sector in the
6460state or regional economy or in the state's universities and
6461community colleges.
6462     (g)  A statement of any anticipated or proposed
6463relationships with state universities.
6464     (h)  A statement of the role the incentive is expected to
6465play in the decision of the applicant to locate or expand in
6466this state.
6467     (i)  A recommendation and explanation of the amount of the
6468award needed to cause the applicant to expand or locate in this
6469state.
6470     (j)  A discussion of the efforts and commitments made by
6471the local community in which the project is to be located to
6472induce the applicant's location or expansion, taking into
6473consideration local resources and abilities.
6474     (k)  A recommendation for specific performance criteria the
6475applicant would be expected to achieve in order to receive
6476payments from the fund and penalties or sanctions for failure to
6477meet or maintain performance conditions.
6478     (l)  Additional evaluative criteria for a research and
6479development facility project, including:
6480     1.  A description of the extent to which the project has
6481the potential to serve as catalyst for an emerging or evolving
6482cluster.
6483     2.  A description of the extent to which the project has or
6484could have a long-term collaborative research and development
6485relationship with one or more universities or community colleges
6486in this state.
6487     3.  A description of the existing or projected impact of
6488the project on established clusters or targeted industry
6489sectors.
6490     4.  A description of the project's contribution to the
6491diversity and resiliency of the innovation economy of this
6492state.
6493     5.  A description of the project's impact on special needs
6494communities, including, but not limited to, rural areas,
6495distressed urban areas, and enterprise zones.
6496     (m)  Additional evaluative criteria for alternative and
6497renewable energy proposals, including:
6498     1.  The availability of matching funds or other in-kind
6499contributions applied to the total project from an applicant.
6500The commission shall give greater preference to projects that
6501provide such matching funds or other in-kind contributions.
6502     2.  The degree to which the project stimulates in-state
6503capital investment and economic development in metropolitan and
6504rural areas, including the creation of jobs and the future
6505development of a commercial market for renewable energy
6506technologies.
6507     3.  The extent to which the proposed project has been
6508demonstrated to be technically feasible based on pilot project
6509demonstrations, laboratory testing, scientific modeling, or
6510engineering or chemical theory that supports the proposal.
6511     4.  The degree to which the project incorporates an
6512innovative new technology or an innovative application of an
6513existing technology.
6514     5.  The degree to which a project generates thermal,
6515mechanical, or electrical energy by means of a renewable energy
6516resource that has substantial long-term production potential.
6517     6.  The degree to which a project demonstrates efficient
6518use of energy and material resources.
6519     7.  The degree to which the project fosters overall
6520understanding and appreciation of renewable energy technologies.
6521     8.  The ability to administer a complete project.
6522     9.  Project duration and timeline for expenditures.
6523     10.  The geographic area in which the project is to be
6524conducted in relation to other projects.
6525     11.  The degree of public visibility and interaction.
6526     (6)  In consultation with The department Enterprise
6527Florida, Inc., the Office may negotiate the proposed amount of
6528an award for any applicant meeting the requirements of this
6529section. In negotiating such award, the department office shall
6530consider the amount of the incentive needed to cause the
6531applicant to locate or expand in this state in conjunction with
6532other relevant applicant impact and cost information and
6533analysis as described in this section. Particular emphasis shall
6534be given to the potential for the project to stimulate
6535additional private investment and high-quality employment
6536opportunities in the area.
6537     (7)  Upon receipt of the evaluation and recommendation from
6538the department, Enterprise Florida, Inc., the director shall
6539recommend to the Governor shall the approve approval or deny
6540disapproval of an award. In recommending approval of an award,
6541the department director shall include proposed performance
6542conditions that the applicant must meet in order to obtain
6543incentive funds and any other conditions that must be met before
6544the receipt of any incentive funds. The Governor shall consult
6545with the President of the Senate and the Speaker of the House of
6546Representatives before giving approval for an award. Upon review
6547and approval of an award by the Legislative Budget Commission,
6548the Executive Office of the Governor shall release the funds.
6549     (8)(a)  After the conditions set forth in subsection (7)
6550have been met, the Governor, through the department, director
6551shall issue a letter certifying the applicant as qualified for
6552an award. The Governor Office and the award recipient shall
6553enter into an agreement that sets forth the conditions for
6554payment of the incentive funds. The agreement must include, at a
6555minimum:
6556     1.  The total amount of funds awarded.
6557     2.  The performance conditions that must be met in order to
6558obtain the award or portions of the award, including, but not
6559limited to, net new employment in the state, average wage, and
6560total cumulative investment.
6561     3.  Demonstration of a baseline of current service and a
6562measure of enhanced capability.
6563     4.  The methodology for validating performance.
6564     5.  The schedule of payments.
6565     6.  Sanctions for failure to meet performance conditions,
6566including any clawback provisions.
6567     (b)  Additionally, agreements signed on or after July 1,
65682009, must include the following provisions:
6569     1.  Notwithstanding subsection (4), a requirement that the
6570jobs created by the recipient of the incentive funds pay an
6571annual average wage at least equal to the relevant industry's
6572annual average wage or at least 130 percent of the average
6573private sector wage, whichever is greater.
6574     2.  A reinvestment requirement. Each recipient of an award
6575shall reinvest up to 15 percent of net royalty revenues,
6576including revenues from spin-off companies and the revenues from
6577the sale of stock it receives from the licensing or transfer of
6578inventions, methods, processes, and other patentable discoveries
6579conceived or reduced to practice using its facilities in Florida
6580or its Florida-based employees, in whole or in part, and to
6581which the recipient of the grant becomes entitled during the 20
6582years following the effective date of its agreement with the
6583Governor office. Each recipient of an award also shall reinvest
6584up to 15 percent of the gross revenues it receives from naming
6585opportunities associated with any facility it builds in this
6586state. Reinvestment payments shall commence no later than 6
6587months after the recipient of the grant has received the final
6588disbursement under the contract and shall continue until the
6589maximum reinvestment, as specified in the contract, has been
6590paid. Reinvestment payments shall be remitted to the department
6591office for deposit in the Biomedical Research Trust Fund for
6592companies specializing in biomedicine or life sciences, or in
6593the Economic Development Trust Fund for companies specializing
6594in fields other than biomedicine or the life sciences. If these
6595trust funds no longer exist at the time of the reinvestment, the
6596state's share of reinvestment shall be deposited in their
6597successor trust funds as determined by law. Each recipient of an
6598award shall annually submit a schedule of the shares of stock
6599held by it as payment of the royalty required by this paragraph
6600and report on any trades or activity concerning such stock. Each
6601recipient's reinvestment obligations survive the expiration or
6602termination of its agreement with the state.
6603     3.  Requirements for the establishment of internship
6604programs or other learning opportunities for educators and
6605secondary, postsecondary, graduate, and doctoral students.
6606     4.  A requirement that the recipient submit quarterly
6607reports and annual reports related to activities and performance
6608to the department Office, according to standardized reporting
6609periods.
6610     5.  A requirement for an annual accounting to the
6611Department of Economic Opportunity Office of the expenditure of
6612funds disbursed under this section.
6613     6.  A process for amending the agreement.
6614     (9)  The department Enterprise Florida, Inc., shall
6615validate assist the Office in validating the performance of an
6616innovation business, a research and development facility, or an
6617alternative and renewable energy business that has received an
6618award. At the conclusion of the innovation incentive award
6619agreement, or its earlier termination, the department Enterprise
6620Florida, Inc., shall, within 90 days, submit a report to the
6621Governor, the President of the Senate, and the Speaker of the
6622House of Representatives detailing whether the recipient of the
6623innovation incentive grant achieved its specified outcomes.
6624     (11)(a)  The department Beginning January 5, 2010, and
6625every year thereafter, the Office shall submit to the Governor,
6626the President of the Senate, and the Speaker of the House of
6627Representatives, as part of the annual report, a report
6628summarizing the activities and accomplishments of the recipients
6629of grants from the Innovation Incentive Program during the
6630previous 12 months and an evaluation by the office of whether
6631the recipients are catalysts for additional direct and indirect
6632economic development in Florida.
6633     (b)  Beginning March 1, 2010, and every third year
6634thereafter, the Office of Program Policy Analysis and Government
6635Accountability, in consultation with the Auditor General's
6636Office, shall release a report evaluating the Innovation
6637Incentive Program's progress toward creating clusters of high-
6638wage, high-skilled, complementary industries that serve as
6639catalysts for economic growth specifically in the regions in
6640which they are located, and generally for the state as a whole.
6641Such report should include critical analyses of quarterly and
6642annual reports, annual audits, and other documents prepared by
6643the Innovation Incentive Program awardees; relevant economic
6644development reports prepared by the department office,
6645Enterprise Florida, Inc., and local or regional economic
6646development organizations; interviews with the parties involved;
6647and any other relevant data. Such report should also include
6648legislative recommendations, if necessary, on how to improve the
6649Innovation Incentive Program so that the program reaches its
6650anticipated potential as a catalyst for direct and indirect
6651economic development in this state.
6652     (12)  The Office may seek the assistance of the Office of
6653Program Policy Analysis and Government Accountability, the
6654Legislature's Office of Economic and Demographic Research, and
6655other entities for the purpose of developing performance
6656measures or techniques to quantify the synergistic economic
6657development impacts that awardees of grants are having within
6658their communities.
6659     Section 75.  Section 288.1095, Florida Statutes, is amended
6660to read:
6661     288.1095  Information concerning the One-Stop Permitting
6662System.-The department Office of Tourism, Trade, and Economic
6663Development shall develop literature that explains the One-Stop
6664Permitting System and identifies those counties that have been
6665designated as Quick Permitting Counties. The literature must be
6666updated at least once each year. To the maximum extent feasible,
6667state agencies and Enterprise Florida, Inc., shall distribute
6668such literature and inform the public of the One-Stop Permitting
6669System and the Quick Permitting Counties. In addition,
6670Enterprise Florida, Inc., shall provide this information to
6671prospective, new, expanding, and relocating businesses seeking
6672to conduct business in this state, municipalities, counties,
6673economic-development organizations, and chambers of commerce.
6674     Section 76.  Subsections (1), (2), and (3), paragraphs (d)
6675and (e) of subsection (4), paragraph (a) of subsection (6), and
6676subsection (8) of section 288.1162, Florida Statutes, are
6677amended to read:
6678     288.1162  Professional sports franchises; duties.-
6679     (1)  The Department of Economic Opportunity Office of
6680Tourism, Trade, and Economic Development shall serve as the
6681state agency for screening applicants for state funding under s.
6682212.20 and for certifying an applicant as a facility for a new
6683or retained professional sports franchise.
6684     (2)  The department Office of Tourism, Trade, and Economic
6685Development shall develop rules for the receipt and processing
6686of applications for funding under s. 212.20.
6687     (3)  As used in this section, the term:
6688     (a)  "New professional sports franchise" means a
6689professional sports franchise that was not based in this state
6690before April 1, 1987.
6691     (b)  "Retained professional sports franchise" means a
6692professional sports franchise that has had a league-authorized
6693location in this state on or before December 31, 1976, and has
6694continuously remained at that location, and has never been
6695located at a facility that has been previously certified under
6696any provision of this section.
6697     (4)  Before certifying an applicant as a facility for a new
6698or retained professional sports franchise, the department Office
6699of Tourism, Trade, and Economic Development must determine that:
6700     (d)  The applicant has projections, verified by the
6701department Office of Tourism, Trade, and Economic Development,
6702which demonstrate that the new or retained professional sports
6703franchise will attract a paid attendance of more than 300,000
6704annually.
6705     (e)  The applicant has an independent analysis or study,
6706verified by the department Office of Tourism, Trade, and
6707Economic Development, which demonstrates that the amount of the
6708revenues generated by the taxes imposed under chapter 212 with
6709respect to the use and operation of the professional sports
6710franchise facility will equal or exceed $2 million annually.
6711     (6)(a)  The Governor, through the department, Office of
6712Tourism, Trade, and Economic Development shall notify the
6713Department of Revenue of any facility certified as a facility
6714for a new or retained professional sports franchise. The
6715Governor, through the department, Office of Tourism, Trade, and
6716Economic Development shall certify no more than eight facilities
6717as facilities for a new professional sports franchise or as
6718facilities for a retained professional sports franchise,
6719including in the total any facilities certified by the former
6720Department of Commerce before July 1, 1996. The Governor,
6721through the department, office may make no more than one
6722certification for any facility.
6723     (8)  An applicant is not qualified for certification under
6724this section if the franchise formed the basis for a previous
6725certification, unless the previous certification was withdrawn
6726by the facility or invalidated by the department Office of
6727Tourism, Trade, and Economic Development or the former
6728Department of Commerce before any funds were distributed under
6729s. 212.20. This subsection does not disqualify an applicant if
6730the previous certification occurred between May 23, 1993, and
6731May 25, 1993; however, any funds to be distributed under s.
6732212.20 for the second certification shall be offset by the
6733amount distributed to the previous certified facility.
6734Distribution of funds for the second certification may shall not
6735be made until all amounts payable for the first certification
6736are distributed.
6737     Section 77.  Subsections (1), (2), (4), (5), (6), (7), and
6738(8) of section 288.11621, Florida Statutes, are amended, to
6739read:
6740     288.11621  Spring training baseball franchises.-
6741     (1)  DEFINITIONS.-As used in this section, the term:
6742     (a)  "Agreement" means a certified, signed lease between an
6743applicant that applies for certification on or after July 1,
67442010, and the spring training franchise for the use of a
6745facility.
6746     (b)  "Applicant" means a unit of local government as
6747defined in s. 218.369, including local governments located in
6748the same county that have partnered with a certified applicant
6749before the effective date of this section or with an applicant
6750for a new certification, for purposes of sharing in the
6751responsibilities of a facility.
6752     (c)  "Certified applicant" means a facility for a spring
6753training franchise that was certified before July 1, 2010, under
6754s. 288.1162(5), Florida Statutes 2009, or a unit of local
6755government that is certified under this section.
6756     (d)  "Facility" means a spring training stadium, playing
6757fields, and appurtenances intended to support spring training
6758activities.
6759     (e)  "Local funds" and "local matching funds" mean funds
6760provided by a county, municipality, or other local government.
6761     (f)  "Office" means The Office of Tourism, Trade, and
6762Economic Development.
6763     (2)  CERTIFICATION PROCESS.-
6764     (a)  Before certifying an applicant to receive state
6765funding for a facility for a spring training franchise, the
6766Governor, through the department, Office must verify that:
6767     1.  The applicant is responsible for the acquisition,
6768construction, management, or operation of the facility for a
6769spring training franchise or holds title to the property on
6770which the facility for a spring training franchise is located.
6771     2.  The applicant has a certified copy of a signed
6772agreement with a spring training franchise for the use of the
6773facility for a term of at least 20 years. The agreement also
6774must require the franchise to reimburse the state for state
6775funds expended by an applicant under this section if the
6776franchise relocates before the agreement expires. The agreement
6777may be contingent on an award of funds under this section and
6778other conditions precedent.
6779     3.  The applicant has made a financial commitment to
6780provide 50 percent or more of the funds required by an agreement
6781for the acquisition, construction, or renovation of the facility
6782for a spring training franchise. The commitment may be
6783contingent upon an award of funds under this section and other
6784conditions precedent.
6785     4.  The applicant demonstrates that the facility for a
6786spring training franchise will attract a paid attendance of at
6787least 50,000 annually to the spring training games.
6788     5.  The facility for a spring training franchise is located
6789in a county that levies a tourist development tax under s.
6790125.0104.
6791     (b)  The department office shall competitively evaluate
6792applications for state funding of a facility for a spring
6793training franchise. The total number of certifications may not
6794exceed 10 at any time. The evaluation criteria must include,
6795with priority given in descending order to, the following items:
6796     1.  The anticipated effect on the economy of the local
6797community where the spring training facility is to be built,
6798including projections on paid attendance, local and state tax
6799collections generated by spring training games, and direct and
6800indirect job creation resulting from the spring training
6801activities. Priority shall be given to applicants who can
6802demonstrate the largest projected economic impact.
6803     2.  The amount of the local matching funds committed to a
6804facility relative to the amount of state funding sought, with
6805priority given to applicants that commit the largest amount of
6806local matching funds relative to the amount of state funding
6807sought.
6808     3.  The potential for the facility to serve multiple uses.
6809     4.  The intended use of the funds by the applicant, with
6810priority given to the funds being used to acquire a facility,
6811construct a new facility, or renovate an existing facility.
6812     5.  The length of time that a spring training franchise has
6813been under an agreement to conduct spring training activities
6814within an applicant's geographic location or jurisdiction, with
6815priority given to applicants having agreements with the same
6816franchise for the longest period of time.
6817     6.  The length of time that an applicant's facility has
6818been used by one or more spring training franchises, with
6819priority given to applicants whose facilities have been in
6820continuous use as facilities for spring training the longest.
6821     7.  The term remaining on a lease between an applicant and
6822a spring training franchise for a facility, with priority given
6823to applicants having the shortest lease terms remaining.
6824     8.  The length of time that a spring training franchise
6825agrees to use an applicant's facility if an application is
6826granted under this section, with priority given to applicants
6827having agreements for the longest future use.
6828     9.  The net increase of total active recreation space owned
6829by the applicant after an acquisition of land for the facility,
6830with priority given to applicants having the largest percentage
6831increase of total active recreation space that will be available
6832for public use.
6833     10.  The location of the facility in a brownfield, an
6834enterprise zone, a community redevelopment area, or other area
6835of targeted development or revitalization included in an urban
6836infill redevelopment plan, with priority given to applicants
6837having facilities located in these areas.
6838     (c)  Each applicant certified on or after July 1, 2010,
6839shall enter into an agreement with the Governor office that:
6840     1.  Specifies the amount of the state incentive funding to
6841be distributed.
6842     2.  States the criteria that the certified applicant must
6843meet in order to remain certified.
6844     3.  States that the certified applicant is subject to
6845decertification if the certified applicant fails to comply with
6846this section or the agreement.
6847     4.  States that the department Office may recover state
6848incentive funds if the certified applicant is decertified.
6849     5.  Specifies information that the certified applicant must
6850report to the department Office.
6851     6.  Includes any provision deemed prudent by the department
6852Office.
6853     (4)  ANNUAL REPORTS.-On or before September 1 of each year,
6854a certified applicant shall submit to the department Office a
6855report that includes, but is not limited to:
6856     (a)  A copy of its most recent annual audit.
6857     (b)  A detailed report on all local and state funds
6858expended to date on the project being financed under this
6859section.
6860     (c)  A copy of the contract between the certified local
6861governmental entity and the spring training team.
6862     (d)  A cost-benefit analysis of the team's impact on the
6863community.
6864     (e)  Evidence that the certified applicant continues to
6865meet the criteria in effect when the applicant was certified.
6866     (5)  DECERTIFICATION.-
6867     (a)  The Governor, through the department, Office shall
6868decertify a certified applicant upon the request of the
6869certified applicant.
6870     (b)  The Governor, through the department, Office shall
6871decertify a certified applicant if the certified applicant does
6872not:
6873     1.  Have a valid agreement with a spring training
6874franchise; or
6875     2.  Satisfy its commitment to provide local matching funds
6876to the facility.
6877
6878However, decertification proceedings against a local government
6879certified before July 1, 2010, shall be delayed until 12 months
6880after the expiration of the local government's existing
6881agreement with a spring training franchise, and without a new
6882agreement being signed, if the certified local government can
6883demonstrate to the department office that it is in active
6884negotiations with a major league spring training franchise,
6885other than the franchise that was the basis for the original
6886certification.
6887     (c)  A certified applicant has 60 days after it receives a
6888notice of intent to decertify from the Governor, through the
6889department, Office to petition the office's director for review
6890of the decertification. Within 45 days after receipt of the
6891request for review, the Governor, through the department,
6892director must notify a certified applicant of the outcome of the
6893review.
6894     (d)  The Governor, through the department, Office shall
6895notify the Department of Revenue that a certified applicant is
6896decertified within 10 days after the order of decertification
6897becomes final. The Department of Revenue shall immediately stop
6898the payment of any funds under this section that were not
6899encumbered by the certified applicant under subparagraph
6900(3)(a)2.
6901     (e)  The department Office shall order a decertified
6902applicant to repay all of the unencumbered state funds that the
6903local government received under this section and any interest
6904that accrued on those funds. The repayment must be made within
690560 days after the decertification order becomes final. These
6906funds shall be deposited into the General Revenue Fund.
6907     (f)  A local government as defined in s. 218.369 may not be
6908decertified by the Governor if it has paid or pledged for the
6909payment of debt service on, or to fund debt service reserve
6910funds, arbitrage rebate obligations, or other amounts payable
6911with respect thereto, bonds issued for the acquisition,
6912construction, reconstruction, or renovation of the facility for
6913which the local government was certified, or for the
6914reimbursement of such costs or the refinancing of bonds issued
6915for the acquisition, construction, reconstruction, or renovation
6916of the facility for which the local government was certified, or
6917for the reimbursement of such costs or the refinancing of bonds
6918issued for such purpose. This subsection does not preclude or
6919restrict the ability of a certified local government to
6920refinance, refund, or defease such bonds.
6921     (6)  ADDITIONAL CERTIFICATIONS.-If the Governor, through
6922the department, Office decertifies a unit of local government,
6923the department Office may accept applications for an additional
6924certification. A unit of local government may not be certified
6925for more than one spring training franchise at any time.
6926     (7)  STRATEGIC PLANNING.-
6927     (a)  The department Office shall request assistance from
6928Enterprise Florida, Inc., the Florida Sports Foundation and the
6929Florida Grapefruit League Association to develop a comprehensive
6930strategic plan to:
6931     1.  Finance spring training facilities.
6932     2.  Monitor and oversee the use of state funds awarded to
6933applicants.
6934     3.  Identify the financial impact that spring training has
6935on the state and ways in which to maintain or improve that
6936impact.
6937     4.  Identify opportunities to develop public-private
6938partnerships to engage in marketing activities and advertise
6939spring training baseball.
6940     5.  Identify efforts made by other states to maintain or
6941develop partnerships with baseball spring training teams.
6942     6.  Develop recommendations for the Legislature to sustain
6943or improve this state's spring training tradition.
6944     (b)  The department office shall submit a copy of the
6945strategic plan to the Governor, the President of the Senate, and
6946the Speaker of the House of Representatives by December 31,
69472010.
6948     (8)  RULEMAKING.- The department office shall adopt rules
6949to implement the certification, decertification, and
6950decertification review processes required by this section.
6951     Section 78.  Subsections (1), (2), and (4) of section
6952288.1168, Florida Statutes, are amended to read:
6953     288.1168  Professional golf hall of fame facility.-
6954     (1)  The department of Commerce shall serve as the state
6955agency for screening applicants for state funding pursuant to s.
6956212.20 and the Governor for certifying one applicant as the
6957professional golf hall of fame facility in the state.
6958     (2)  Before Prior to certifying the professional golf hall
6959of fame facility, the Governor, through the department of
6960Commerce must determine that:
6961     (a)  The professional golf hall of fame facility is the
6962only professional golf hall of fame in the United States
6963recognized by the PGA Tour, Inc.
6964     (b)  The applicant is a unit of local government as defined
6965in s. 218.369 or a private sector group that has contracted to
6966construct or operate the professional golf hall of fame facility
6967on land owned by a unit of local government.
6968     (c)  The municipality in which the professional golf hall
6969of fame facility is located, or the county if the facility is
6970located in an unincorporated area, has certified by resolution
6971after a public hearing that the application serves a public
6972purpose.
6973     (d)  There are existing projections that the professional
6974golf hall of fame facility will attract a paid attendance of
6975more than 300,000 annually.
6976     (e)  There is an independent analysis or study, using
6977methodology approved by the department, which demonstrates that
6978the amount of the revenues generated by the taxes imposed under
6979chapter 212 with respect to the use and operation of the
6980professional golf hall of fame facility will equal or exceed $2
6981million annually.
6982     (f)  The applicant has submitted an agreement to provide $2
6983million annually in national and international media promotion
6984of the professional golf hall of fame facility, Florida, and
6985Florida tourism, through the PGA Tour, Inc., or its affiliates,
6986at the then-current commercial rate, during the period of time
6987that the facility receives funds pursuant to s. 212.20. The
6988department Office of Tourism, Trade, and Economic Development
6989and the PGA Tour, Inc., or its affiliates, must agree annually
6990on a reasonable percentage of advertising specifically allocated
6991for generic Florida advertising. The department Office of
6992Tourism, Trade, and Economic Development shall have final
6993approval of all generic advertising. Failure on the part of the
6994PGA Tour, Inc., or its affiliates to annually provide the
6995advertising as provided in this paragraph or subsection (6)
6996shall result in the termination of funding as provided in s.
6997212.20.
6998     (g)  Documentation exists that demonstrates that the
6999applicant has provided, is capable of providing, or has
7000financial or other commitments to provide more than one-half of
7001the costs incurred or related to the improvement and development
7002of the facility.
7003     (h)  The application is signed by an official senior
7004executive of the applicant and is notarized according to Florida
7005law providing for penalties for falsification.
7006     (4)  Upon determining that an applicant is or is not
7007certifiable, the Governor, through the department, Secretary of
7008Commerce shall notify the applicant of his or her status by
7009means of an official letter. If certifiable, the Governor,
7010through the department, secretary shall notify the executive
7011director of the Department of Revenue and the applicant of such
7012certification by means of an official letter granting
7013certification. From the date of such certification, the
7014applicant shall have 5 years to open the professional golf hall
7015of fame facility to the public and notify the department Office
7016of Tourism, Trade, and Economic Development of such opening. The
7017Department of Revenue may shall not begin distributing funds
7018until 30 days after following notice by the department Office of
7019Tourism, Trade, and Economic Development that the professional
7020golf hall of fame facility is open to the public.
7021     Section 79.  Section 288.1169, Florida Statutes, is amended
7022to read:
7023     288.1169  International Game Fish Association World Center
7024facility.-
7025     (1)  The department of Commerce shall serve as the state
7026agency approving applicants for funding pursuant to s. 212.20
7027and the Governor for certifying the applicant as the
7028International Game Fish Association World Center facility. For
7029purposes of this section, "facility" means the International
7030Game Fish Association World Center, and "project" means the
7031International Game Fish Association World Center and new
7032colocated improvements by private sector concerns who have made
7033cash or in-kind contributions to the facility of $1 million or
7034more.
7035     (2)  Before Prior to certifying this facility, the
7036Governor, through the department must determine that:
7037     (a)  The International Game Fish Association World Center
7038is the only fishing museum, Hall of Fame, and international
7039administrative headquarters in the United States recognized by
7040the International Game Fish Association, and that one or more
7041private sector concerns have committed to donate to the
7042International Game Fish Association land upon which the
7043International Game Fish Association World Center will operate.
7044     (b)  International Game Fish Association is a not-for-
7045profit Florida corporation that has contracted to construct and
7046operate the facility.
7047     (c)  The municipality in which the facility is located, or
7048the county if the facility is located in an unincorporated area,
7049has certified by resolution after a public hearing that the
7050facility serves a public purpose.
7051     (d)  There are existing projections that the International
7052Game Fish Association World Center facility and the colocated
7053facilities of private sector concerns will attract an attendance
7054of more than 1.8 million annually.
7055     (e)  There is an independent analysis or study, using
7056methodology approved by the department, which demonstrates that
7057the amount of the revenues generated by the taxes imposed under
7058chapter 212 with respect to the use and operation of the project
7059will exceed $1 million annually.
7060     (f)  There are existing projections that the project will
7061attract more than 300,000 persons annually who are not residents
7062of the state.
7063     (g)  The applicant has submitted an agreement to provide
7064$500,000 annually in national and international media promotion
7065of the facility, at the then-current commercial rates, during
7066the period of time that the facility receives funds pursuant to
7067s. 212.20. Failure on the part of the applicant to annually
7068provide the advertising as provided in this paragraph shall
7069result in the termination of the funding as provided in s.
7070212.20. The applicant can discharge its obligation under this
7071paragraph by contracting with other persons, including private
7072sector concerns who participate in the project.
7073     (h)  Documentation exists that demonstrates that the
7074applicant has provided, and is capable of providing, or has
7075financial or other commitments to provide, more than one-half of
7076the cost incurred or related to the improvements and the
7077development of the facility.
7078     (i)  The application is signed by senior officials of the
7079International Game Fish Association and is notarized according
7080to Florida law providing for penalties for falsification.
7081     (3)  The applicant may use funds provided pursuant to s.
7082212.20 for the purpose of paying for the construction,
7083reconstruction, renovation, promotion, or operation of the
7084facility, or to pay or pledge for payment of debt service on, or
7085to fund debt service reserve funds, arbitrage rebate
7086obligations, or other amounts payable with respect to, bonds
7087issued for the construction, reconstruction, or renovation of
7088the facility or for the reimbursement of such costs or by
7089refinancing of bonds issued for such purposes.
7090     (4)  Upon determining that an applicant is or is not
7091certifiable, the Governor, through the department, of Commerce
7092shall notify the applicant of its status by means of an official
7093letter. If certifiable, the Governor, through the department, of
7094Commerce shall notify the executive director of the Department
7095of Revenue and the applicant of such certification by means of
7096an official letter granting certification. From the date of such
7097certification, the applicant shall have 5 years to open the
7098facility to the public and notify the Department of Economic
7099Opportunity Commerce of such opening. The Department of Revenue
7100may shall not begin distributing funds until 30 days after
7101following notice by the Department of Economic Opportunity
7102Commerce that the facility is open to the public.
7103     (5)  The Department of Revenue may audit as provided in s.
7104213.34 to verify that the contributions pursuant to this section
7105have been expended as required by this section.
7106     (6)  The Governor, through the Department of Economic
7107Opportunity, Commerce must recertify every 10 years that the
7108facility is open, that the International Game Fish Association
7109World Center continues to be the only international
7110administrative headquarters, fishing museum, and Hall of Fame in
7111the United States recognized by the International Game Fish
7112Association, and that the project is meeting the minimum
7113projections for attendance or sales tax revenues as required at
7114the time of original certification. If the facility is not
7115recertified during this 10-year review as meeting the minimum
7116projections, then funding shall be abated until certification
7117criteria are met. If the project fails to generate $1 million of
7118annual revenues pursuant to paragraph (2)(e), the distribution
7119of revenues pursuant to s. 212.20(6)(d)6.d. shall be reduced to
7120an amount equal to $83,333 multiplied by a fraction, the
7121numerator of which is the actual revenues generated and the
7122denominator of which is $1 million. Such reduction remains in
7123effect until revenues generated by the project in a 12-month
7124period equal or exceed $1 million.
7125     Section 80.  Paragraphs (e) through (g) of subsection (1)
7126of section 288.1171, Florida Statutes, are redesignated as
7127paragraphs (d) and (f), respectively, present paragraph (d) is
7128amended, and subsections (2) and (3) of that section are
7129amended, to read:
7130     288.1171  Motorsports entertainment complex; definitions;
7131certification; duties.-
7132     (1)  As used in this section, the term:
7133     (d)  "Office" means The Office of Tourism, Trade, and
7134Economic Development of the Executive Office of the Governor.
7135     (2)  The department Office of Tourism, Trade, and Economic
7136Development shall serve as the state agency for screening
7137applicants for local option funding under s. 218.64(3) and the
7138Governor for certifying an applicant as a motorsports
7139entertainment complex. The department Office shall develop and
7140adopt rules for the receipt and processing of applications for
7141funding under s. 218.64(3). The Governor Office shall make a
7142determination regarding any application filed by an applicant
7143not later than 120 days after the application is filed.
7144     (3)  Before certifying an applicant as a motorsports
7145entertainment complex, the Governor, through the department,
7146Office must determine that:
7147     (a)  A unit of local government holds title to the land on
7148which the motorsports entertainment complex is located or holds
7149title to the motorsports entertainment complex.
7150     (b)  The municipality in which the motorsports
7151entertainment complex is located, or the county if the
7152motorsports entertainment complex is located in an
7153unincorporated area, has certified by resolution after a public
7154hearing that the application serves a public purpose.
7155     Section 81.  Subsections (2), (4), (5), and (8) of section
7156288.1175, Florida Statutes, are amended to read:
7157     288.1175  Agriculture education and promotion facility.-
7158     (2)  The Department of Agriculture and Consumer Services
7159shall adopt develop rules pursuant to ss. 120.536(1) and 120.54
7160for the receipt and processing of applications for funding of
7161projects pursuant to this section.
7162     (4)  The Department of Agriculture and Consumer Services
7163shall certify a facility as an agriculture education and
7164promotion facility if the Department of Agriculture and Consumer
7165Services determines that:
7166     (a)  The applicant is a unit of local government as defined
7167in s. 218.369, or a fair association as defined in s.
7168616.001(9), which is responsible for the planning, design,
7169permitting, construction, renovation, management, and operation
7170of the agriculture education and promotion facility or holds
7171title to the property on which such facility is to be developed
7172and located.
7173     (b)  The applicant has projections, verified by the
7174Department of Agriculture and Consumer Services, which
7175demonstrate that the agriculture education and promotion
7176facility will serve more than 25,000 visitors annually.
7177     (c)  The municipality in which the facility is located, or
7178the county if the facility is located in an unincorporated area,
7179has certified by resolution after a public hearing that the
7180proposed agriculture education and promotion facility serves a
7181public purpose.
7182     (d)  The applicant has demonstrated that it has provided,
7183is capable of providing, or has financial or other commitments
7184to provide more than 40 percent of the costs incurred or related
7185to the planning, design, permitting, construction, or renovation
7186of the facility. The applicant may include the value of the land
7187and any improvements thereon in determining its contribution to
7188the development of the facility.
7189     (5)  The Department of Agriculture and Consumer Services
7190shall competitively evaluate applications for funding of an
7191agriculture education and promotion facility. If the number of
7192applicants exceeds three, the Department of Agriculture and
7193Consumer Services shall rank the applications based upon
7194criteria developed by the Department of Agriculture and Consumer
7195Services, with priority given in descending order to the
7196following items:
7197     (a)  The intended use of the funds by the applicant, with
7198priority given to the construction of a new facility.
7199     (b)  The amount of local match, with priority given to the
7200largest percentage of local match proposed.
7201     (c)  The location of the facility in a brownfield site as
7202defined in s. 376.79(3), a rural enterprise zone as defined in
7203s. 290.004(6), an agriculturally depressed area as defined in s.
7204570.242(1), a redevelopment area established pursuant to s.
7205373.461(5)(g), or a county that has lost its agricultural land
7206to environmental restoration projects.
7207     (d)  The net increase, as a result of the facility, of
7208total available exhibition, arena, or civic center space within
7209the jurisdictional limits of the local government in which the
7210facility is to be located, with priority given to the largest
7211percentage increase of total exhibition, arena, or civic center
7212space.
7213     (e)  The historic record of the applicant in promoting
7214agriculture and educating the public about agriculture,
7215including, without limitation, awards, premiums, scholarships,
7216auctions, and other such activities.
7217     (f)  The highest projection on paid attendance attracted by
7218the agriculture education and promotion facility and the
7219proposed economic impact on the local community.
7220     (g)  The location of the facility with respect to an
7221Institute of Food and Agricultural Sciences (IFAS) facility,
7222with priority given to facilities closer in proximity to an IFAS
7223facility.
7224     (8)  Applications must be submitted by October 1 of each
7225year. The Department of Agriculture and Consumer Services may
7226not recommend funding for less than the requested amount to any
7227applicant certified as an agriculture education and promotion
7228facility; however, funding of certified applicants shall be
7229subject to the amount provided by the Legislature in the General
7230Appropriations Act for this program.
7231     Section 82.  Section 288.122, Florida Statutes, is amended
7232to read:
7233     288.122  Tourism Promotional Trust Fund.-There is created
7234within the department Office of Tourism, Trade, and Economic
7235Development of the Executive Office of the Governor the Tourism
7236Promotional Trust Fund. Moneys deposited in the Tourism
7237Promotional Trust Fund shall only be used to support the
7238authorized activities and operations of the Florida Commission
7239on Tourism, and to support tourism promotion and marketing
7240activities, services, functions, and programs administered by
7241Enterprise Florida, Inc., the Florida Commission on Tourism
7242through a contract with the department commission's direct-
7243support organization created under s. 288.1226.
7244     Section 83.  Section 288.12265, Florida Statutes, is
7245amended to read:
7246     288.12265  Welcome centers.-
7247     (1)  Responsibility for the welcome centers is assigned to
7248Enterprise Florida, Inc., the Florida Commission on Tourism
7249which shall contract with the commission's direct-support
7250organization to employ all welcome center staff.
7251     (2)  Enterprise Florida, Inc., The Florida Commission on
7252Tourism, through its direct-support organization, shall
7253administer and operate the welcome centers. Pursuant to a
7254contract with the Department of Transportation, Enterprise
7255Florida, Inc., the commission shall be responsible for routine
7256repair, replacement, or improvement and the day-to-day
7257management of interior areas occupied by the welcome centers.
7258All other repairs, replacements, or improvements to the welcome
7259centers shall be the responsibility of the Department of
7260Transportation.
7261     Section 84.  Section 288.124, Florida Statutes, is amended
7262to read:
7263     288.124  Convention grants program.-Enterprise Florida,
7264Inc., may The Commission on Tourism is authorized to establish a
7265convention grants program and, pursuant thereto, to recommend to
7266the department Office of Tourism, Trade, and Economic
7267Development expenditures and contracts with local governments
7268and nonprofit corporations or organizations for the purpose of
7269attracting national conferences and conventions to Florida.
7270Preference shall be given to local governments and nonprofit
7271corporations or organizations seeking to attract minority
7272conventions to Florida. Minority conventions are events that
7273primarily involve minority persons, as defined in s. 288.703,
7274who are residents or nonresidents of the state. The commission
7275shall establish guidelines governing the award of grants and the
7276administration of this program. The Governor, through the
7277department, Office of Tourism, Trade, and Economic Development
7278has final approval authority for any grants under this section.
7279The total annual allocation of funds for this program may shall
7280not exceed $40,000.
7281     Section 85.  Subsection (1) of section 288.1251, Florida
7282Statutes, is amended to read:
7283     288.1251  Promotion and development of entertainment
7284industry; Office of Film and Entertainment; creation; purpose;
7285powers and duties.-
7286     (1)  CREATION.-
7287     (a)  There is hereby created within The department Office
7288of Tourism, Trade, and Economic Development the Office of Film
7289and Entertainment for the purpose of developing, marketing,
7290promoting, and providing services to the state's entertainment
7291industry.
7292     (b)  The department Office of Tourism, Trade, and Economic
7293Development shall conduct a national search for a qualified
7294person to fill the position of Commissioner of Film and
7295Entertainment when the position is vacant. The Commissioner of
7296Economic Opportunity Executive Director of the Office of
7297Tourism, Trade, and Economic Development has the responsibility
7298to hire the film commissioner. Qualifications for the film
7299commissioner include, but are not limited to, the following:
7300     1.  A working knowledge of the equipment, personnel,
7301financial, and day-to-day production operations of the
7302industries to be served by the Office of Film and Entertainment;
7303     2.  Marketing and promotion experience related to the film
7304and entertainment industries to be served;
7305     3.  Experience working with a variety of individuals
7306representing large and small entertainment-related businesses,
7307industry associations, local community entertainment industry
7308liaisons, and labor organizations; and
7309     4.  Experience working with a variety of state and local
7310governmental agencies.
7311     Section 86.  Subsections (1) and (2), paragraph (e) of
7312subsection (3), and paragraphs (d), (f), (g), and (h) of
7313subsection (5) of section 288.1252, Florida Statutes, are
7314amended to read:
7315     288.1252  Florida Film and Entertainment Advisory Council;
7316creation; purpose; membership; powers and duties.-
7317     (1)  CREATION.-There is hereby created within the
7318department Office of Tourism, Trade, and Economic Development of
7319the Executive Office of the Governor, for administrative
7320purposes only, the Florida Film and Entertainment Advisory
7321Council.
7322     (2)  PURPOSE.-The purpose of the council shall be to serve
7323as an advisory body to the department Office of Tourism, Trade,
7324and Economic Development and to the Office of Film and
7325Entertainment to provide these offices with industry insight and
7326expertise related to developing, marketing, promoting, and
7327providing service to the state's entertainment industry.
7328     (3)  MEMBERSHIP.-
7329     (e)   A representative of Enterprise Florida, Inc., and a
7330representative of Workforce Florida, Inc., and a representative
7331of VISIT Florida shall serve ex officio as ex officio, nonvoting
7332members of the council, and shall be in addition to the 17
7333appointed members of the council.
7334     (5)  POWERS AND DUTIES.-The Florida Film and Entertainment
7335Advisory Council shall have all the powers necessary or
7336convenient to carry out and effectuate the purposes and
7337provisions of this act, including, but not limited to, the power
7338to:
7339     (d)  Consider and study the needs of the entertainment
7340industry for the purpose of advising the film commissioner and
7341the department Office of Tourism, Trade, and Economic
7342Development.
7343     (f)  Consider all matters submitted to it by the film
7344commissioner and the department Office of Tourism, Trade, and
7345Economic Development.
7346     (g)  Advise and consult with the film commissioner and the
7347department Office of Tourism, Trade, and Economic Development,
7348at their request or upon its own initiative, regarding the
7349promulgation, administration, and enforcement of all laws and
7350rules relating to the entertainment industry.
7351     (h)  Suggest policies and practices for the conduct of
7352business by the Office of Film and Entertainment or by the
7353department Office of Tourism, Trade, and Economic Development
7354that will improve internal operations affecting the
7355entertainment industry and will enhance the economic development
7356initiatives of the state for the industry.
7357     Section 87.  Subsections (1), (2), (3), and (4) of section
7358288.1253, Florida Statutes, are amended to read:
7359     288.1253  Travel and entertainment expenses.-
7360     (1)  As used in this section, the term "travel expenses"
7361means the actual, necessary, and reasonable costs of
7362transportation, meals, lodging, and incidental expenses normally
7363incurred by an employee of the Office of Film and Entertainment,
7364which costs are defined and prescribed by rules adopted by the
7365department Office of Tourism, Trade, and Economic Development,
7366subject to approval by the Chief Financial Officer.
7367     (2)  Notwithstanding the provisions of s. 112.061, the
7368department Office of Tourism, Trade, and Economic Development
7369shall adopt rules by which it may make expenditures by
7370reimbursement to: the Governor, the Lieutenant Governor,
7371security staff of the Governor or Lieutenant Governor, the
7372Commissioner of Film and Entertainment, or staff of the Office
7373of Film and Entertainment for travel expenses or entertainment
7374expenses incurred by such individuals solely and exclusively in
7375connection with the performance of the statutory duties of the
7376Office of Film and Entertainment. The rules are subject to
7377approval by the Chief Financial Officer before adoption. The
7378rules shall require the submission of paid receipts, or other
7379proof of expenditure prescribed by the Chief Financial Officer,
7380with any claim for reimbursement.
7381     (3)  The department Office of Tourism, Trade, and Economic
7382Development shall prepare an annual report of the expenditures
7383of the Office of Film and Entertainment and provide such report
7384to the Legislature no later than December 30 of each year for
7385the expenditures of the previous fiscal year. The report shall
7386consist of a summary of all travel, entertainment, and
7387incidental expenses incurred within the United States and all
7388travel, entertainment, and incidental expenses incurred outside
7389the United States, as well as a summary of all successful
7390projects that developed from such travel.
7391     (4)  The Office of Film and Entertainment and its employees
7392and representatives, when authorized, may accept and use
7393complimentary travel, accommodations, meeting space, meals,
7394equipment, transportation, and any other goods or services
7395necessary for or beneficial to the performance of the office's
7396duties and purposes, so long as such acceptance or use is not in
7397conflict with part III of chapter 112. The department Office of
7398Tourism, Trade, and Economic Development shall, by rule, develop
7399internal controls to ensure that such goods or services accepted
7400or used pursuant to this subsection are limited to those that
7401will assist solely and exclusively in the furtherance of the
7402department's office's goals and are in compliance with part III
7403of chapter 112.
7404     Section 88. Paragraph (a) of subsection (1), paragraphs
7405(d), (f), and (g) of subsection (3), paragraphs (c) and (d) of
7406subsection (4), paragraph (a) of subsection (5), and paragraph
7407(b) of subsection (9) of section 288.1254, Florida Statutes, are
7408amended to read:
7409     288.1254  Entertainment industry financial incentive
7410program.-
7411     (1)  DEFINITIONS.-As used in this section, the term:
7412     (a)  "Certified production" means a qualified production
7413that has tax credits allocated to it by the department Office of
7414Tourism, Trade, and Economic Development based on the
7415production's estimated qualified expenditures, up to the
7416production's maximum certified amount of tax credits, by the
7417department Office of Tourism, Trade, and Economic Development.
7418The term does not include a production if its first day of
7419principal photography or project start date in this state occurs
7420before the production is certified by the department Office of
7421Tourism, Trade, and Economic Development, unless the production
7422spans more than 1 fiscal year, was a certified production on its
7423first day of principal photography or project start date in this
7424state, and submits an application for continuing the same
7425production for the subsequent fiscal year.
7426     (3)  APPLICATION PROCEDURE; APPROVAL PROCESS.-
7427     (d)  Certification.-The Office of Film and Entertainment
7428shall review the application within 15 business days after
7429receipt. Upon its determination that the application contains
7430all the information required by this subsection and meets the
7431criteria set out in this section, the Office of Film and
7432Entertainment shall qualify the applicant and recommend to the
7433Governor, through the department, Office of Tourism, Trade, and
7434Economic Development that the applicant be certified for the
7435maximum tax credit award amount. Within 5 business days after
7436receipt of the recommendation, the Governor, through the
7437department, Office of Tourism, Trade, and Economic Development
7438shall reject the recommendation or certify the maximum
7439recommended tax credit award, if any, to the applicant and to
7440the executive director of the Department of Revenue.
7441     (f)  Verification of actual qualified expenditures.-
7442     1.  The Office of Film and Entertainment shall develop a
7443process to verify the actual qualified expenditures of a
7444certified production. The process must require:
7445     a.  A certified production to submit, in a timely manner
7446after production ends in this state and after making all of its
7447qualified expenditures in this state, data substantiating each
7448qualified expenditure, including documentation on the net
7449expenditure on equipment and other tangible personal property by
7450the qualified production, to an independent certified public
7451accountant licensed in this state;
7452     b.  Such accountant to conduct a compliance audit, at the
7453certified production's expense, to substantiate each qualified
7454expenditure and submit the results as a report, along with the
7455required substantiating data, to the Office of Film and
7456Entertainment; and
7457     c.  The Office of Film and Entertainment to review the
7458accountant's submittal and report to the department Office of
7459Tourism, Trade, and Economic Development the final verified
7460amount of actual qualified expenditures made by the certified
7461production.
7462     2.  The Governor Office of Tourism, Trade, and Economic
7463Development shall determine and approve the final tax credit
7464award amount to each certified applicant based on the final
7465verified amount of actual qualified expenditures and shall,
7466through the department, notify the executive director of the
7467Department of Revenue in writing that the certified production
7468has met the requirements of the incentive program and of the
7469final amount of the tax credit award. The final tax credit award
7470amount may not exceed the maximum tax credit award amount
7471certified under paragraph (d).
7472     (g)  Promoting Florida.-The Office of Film and
7473Entertainment shall ensure that, as a condition of receiving a
7474tax credit under this section, marketing materials promoting
7475this state as a tourist destination or film and entertainment
7476production destination are included, when appropriate, at no
7477cost to the state, which must, at a minimum, include placement
7478of a "Filmed in Florida" or "Produced in Florida" logo in the
7479end credits. The placement of a "Filmed in Florida" or "Produced
7480in Florida" logo on all packaging material and hard media is
7481also required, unless such placement is prohibited by licensing
7482or other contractual obligations. The size and placement of such
7483logo shall be commensurate to other logos used. If no logos are
7484used, the statement "Filmed in Florida using Florida's
7485Entertainment Industry Financial Incentive," or a similar
7486statement approved by the Office of Film and Entertainment,
7487shall be used. The Office of Film and Entertainment shall
7488provide a logo and supply it for the purposes specified in this
7489paragraph. A 30-second "Visit Florida" promotional video must
7490also be included on all optical disc formats of a film, unless
7491such placement is prohibited by licensing or other contractual
7492obligations. The 30-second promotional video shall be approved
7493and provided by Enterprise Florida, Inc., the Florida Tourism
7494Industry Marketing Corporation in consultation with the
7495Commissioner of Film and Entertainment.
7496     (4)  TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
7497ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
7498PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
7499ACQUISITIONS.-
7500     (c)  Withdrawal of tax credit eligibility.-A qualified or
7501certified production must continue on a reasonable schedule,
7502which includes beginning principal photography or the production
7503project in this state no more than 45 calendar days before or
7504after the principal photography or project start date provided
7505in the production's program application. The department Office
7506of Tourism, Trade, and Economic Development shall withdraw the
7507eligibility of a qualified or certified production that does not
7508continue on a reasonable schedule.
7509     (d)  Election and distribution of tax credits.-
7510     1.  A certified production company receiving a tax credit
7511award under this section shall, at the time the credit is
7512awarded by the Governor Office of Tourism, Trade, and Economic
7513Development after production is completed and all requirements
7514to receive a credit award have been met, make an irrevocable
7515election to apply the credit against taxes due under chapter
7516220, against state taxes collected or accrued under chapter 212,
7517or against a stated combination of the two taxes. The election
7518is binding upon any distributee, successor, transferee, or
7519purchaser. The Department of Economic Opportunity Office of
7520Tourism, Trade, and Economic Development shall notify the
7521Department of Revenue of any election made pursuant to this
7522paragraph.
7523     2.  A qualified production company is eligible for tax
7524credits against its sales and use tax liabilities and corporate
7525income tax liabilities as provided in this section. However, tax
7526credits awarded under this section may not be claimed against
7527sales and use tax liabilities or corporate income tax
7528liabilities for any tax period beginning before July 1, 2011,
7529regardless of when the credits are applied for or awarded.
7530     (5)  TRANSFER OF TAX CREDITS.-
7531     (a)  Authorization.-Upon application to the Office of Film
7532and Entertainment and approval by the Governor, through the
7533Department of Economic Opportunity, Office of Tourism, Trade,
7534and Economic Development, a certified production company, or a
7535partner or member that has received a distribution under
7536paragraph (4)(g), may elect to transfer, in whole or in part,
7537any unused credit amount granted under this section. An election
7538to transfer any unused tax credit amount under chapter 212 or
7539chapter 220 must be made no later than 5 years after the date
7540the credit is awarded, after which period the credit expires and
7541may not be used. The Department of Economic Opportunity Office
7542of Tourism, Trade, and Economic Development shall notify the
7543Department of Revenue of the election and transfer.
7544     (9)  AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
7545CREDITS; FRAUDULENT CLAIMS.-
7546     (b)  Revocation of tax credits.-The Governor, through the
7547Department of Economic Opportunity, Office of Tourism, Trade,
7548and Economic Development may revoke or modify any written
7549decision qualifying, certifying, or otherwise granting
7550eligibility for tax credits under this section if it is
7551discovered that the tax credit applicant submitted any false
7552statement, representation, or certification in any application,
7553record, report, plan, or other document filed in an attempt to
7554receive tax credits under this section. The Department of
7555Economic Opportunity Office of Tourism, Trade, and Economic
7556Development shall immediately notify the Department of Revenue
7557of any revoked or modified orders affecting previously granted
7558tax credits. Additionally, the applicant must notify the
7559Department of Revenue of any change in its tax credit claimed.
7560     Section 89.  Section 288.7015, Florida Statutes, is amended
7561to read:
7562     288.7015  Appointment of rules ombudsman; duties.-The
7563Governor shall appoint a rules ombudsman, as defined in s.
7564288.703, in the Executive Office of the Governor, for
7565considering the impact of agency rules on the state's citizens
7566and businesses. In carrying out duties as provided by law, the
7567ombudsman shall consult with Enterprise Florida, Inc., at which
7568point the department office may recommend to improve the
7569regulatory environment of this state. The duties of the rules
7570ombudsman are to:
7571     (1)  Carry out the responsibility provided in s. 120.54(2),
7572with respect to small businesses.
7573     (2)  Review state agency rules that adversely or
7574disproportionately impact businesses, particularly those
7575relating to small and minority businesses.
7576     (3)  Make recommendations on any existing or proposed rules
7577to alleviate unnecessary or disproportionate adverse effects to
7578businesses.
7579     (4)  Each state agency shall cooperate fully with the rules
7580ombudsman in identifying such rules. Further, each agency shall
7581take the necessary steps to waive, modify, or otherwise minimize
7582such adverse effects of any such rules. However, nothing in this
7583section authorizes any state agency to waive, modify, provide
7584exceptions to, or otherwise alter any rule that is:
7585     (a)  Expressly required to implement or enforce any
7586statutory provision or the express legislative intent thereof;
7587     (b)  Designed to protect persons against discrimination on
7588the basis of race, color, national origin, religion, sex, age,
7589handicap, or marital status; or
7590     (c)  Likely to prevent a significant risk or danger to the
7591public health, the public safety, or the environment of the
7592state.
7593     (5)  The modification or waiver of any such rule pursuant
7594to this section must be accomplished in accordance with the
7595provisions of chapter 120.
7596     Section 90.  Section 288.703, Florida Statutes, is amended
7597to read:
7598     288.703  Definitions.-As used in ss. 288.702-288.706, the
7599term this act, the following words and terms shall have the
7600following meanings unless the content shall indicate another
7601meaning or intent:
7602     (1)(4)  "Certified minority business enterprise" means a
7603business which has been certified by the certifying organization
7604or jurisdiction in accordance with s. 287.0943(1) and (2).
7605     (2)(7)  "Financial institution" means any bank, trust
7606company, insurance company, savings and loan association, credit
7607union, federal lending agency, or foundation.
7608     (3)(2)  "Minority business enterprise" means any small
7609business concern as defined in subsection (6) (1) which is
7610organized to engage in commercial transactions, which is
7611domiciled in Florida, and which is at least 51-percent-owned by
7612minority persons who are members of an insular group that is of
7613a particular racial, ethnic, or gender makeup or national
7614origin, which has been subjected historically to disparate
7615treatment due to identification in and with that group resulting
7616in an underrepresentation of commercial enterprises under the
7617group's control, and whose management and daily operations are
7618controlled by such persons. A minority business enterprise may
7619primarily involve the practice of a profession. Ownership by a
7620minority person does not include ownership which is the result
7621of a transfer from a nonminority person to a minority person
7622within a related immediate family group if the combined total
7623net asset value of all members of such family group exceeds $1
7624million. For purposes of this subsection, the term "related
7625immediate family group" means one or more children under 16
7626years of age and a parent of such children or the spouse of such
7627parent residing in the same house or living unit.
7628     (4)(3)  "Minority person" means a lawful, permanent
7629resident of Florida who is:
7630     (a)  An African American, a person having origins in any of
7631the black racial groups of the African Diaspora, regardless of
7632cultural origin.
7633     (b)  A Hispanic American, a person of Spanish or Portuguese
7634culture with origins in Spain, Portugal, Mexico, South America,
7635Central America, or the Caribbean, regardless of race.
7636     (c)  An Asian American, a person having origins in any of
7637the original peoples of the Far East, Southeast Asia, the Indian
7638Subcontinent, or the Pacific Islands, including the Hawaiian
7639Islands before prior to 1778.
7640     (d)  A Native American, a person who has origins in any of
7641the Indian Tribes of North America before prior to 1835, upon
7642presentation of proper documentation thereof as established by
7643rule of the Department of Management Services.
7644     (e)  An American woman.
7645     (5)  "Department" means the Department of Management
7646Services.
7647     (5)(6)  "Ombudsman" means an office or individual whose
7648responsibilities include coordinating with the Office of
7649Supplier Diversity for the interests of and providing assistance
7650to small and minority business enterprises in dealing with
7651governmental agencies and in developing proposals for changes in
7652state agency rules.
7653     (6)(1)  "Small business" means an independently owned and
7654operated business concern that employs 200 or fewer permanent
7655full-time employees and that, together with its affiliates, has
7656a net worth of not more than $5 million or any firm based in
7657this state which has a Small Business Administration 8(a)
7658certification. As applicable to sole proprietorships, the $5
7659million net worth requirement shall include both personal and
7660business investments.
7661     (8)  "Secretary" means the secretary of the Department of
7662Management Services.
7663     Section 91.  Section 288.705, Florida Statutes, is amended
7664to read:
7665     288.705  Statewide contracts register.-All state agencies
7666shall in a timely manner provide the Florida Small Business
7667Development Center Procurement System with all formal
7668solicitations for contractual services, supplies, and
7669commodities. The Small Business Development Center shall
7670coordinate with Minority Business Development Centers to compile
7671and distribute this information to small and minority businesses
7672requesting such service for the period of time necessary to
7673familiarize the business with the market represented by state
7674agencies. On or before February 1 of each year, the Small
7675Business Development Center shall report to the department
7676Agency for Workforce Innovation on the use of the statewide
7677contracts register. The report shall include, but not be limited
7678to, information relating to:
7679     (1)  The total number of solicitations received from state
7680agencies during the calendar year.
7681     (2)  The number of solicitations received from each state
7682agency during the calendar year.
7683     (3)  The method of distributing solicitation information to
7684businesses requesting such service.
7685     (4)  The total number of businesses using the service.
7686     (5)  The percentage of businesses using the service which
7687are owned and controlled by minorities.
7688     (6)  The percentage of service-disabled veteran business
7689enterprises using the service.
7690     Section 92.  Subsections (2) and (12) of section 288.706,
7691Florida Statutes, are amended to read:
7692     288.706  Florida Minority Business Loan Mobilization
7693Program.-
7694     (2)  The Florida Minority Business Loan Mobilization
7695Program is created to promote the development of minority
7696business enterprises, as defined in s. 288.703(2), increase the
7697ability of minority business enterprises to compete for state
7698contracts, and sustain the economic growth of minority business
7699enterprises in this state. The goal of the program is to assist
7700minority business enterprises by facilitating working capital
7701loans to minority business enterprises that are vendors on state
7702agency contracts. The Department of Management Services shall
7703administer the program.
7704     (12)  The Department of Management Services shall
7705collaborate with Enterprise Florida, Inc., the Florida Black
7706Business Investment Board, Inc., and the department Office of
7707Tourism, Trade, and Economic Development to assist in the
7708development and enhancement of black business enterprises.
7709     Section 93.  Subsection (2) of section 288.7094, Florida
7710Statutes, is amended to read:
7711     288.7094  Black business investment corporations.-
7712     (2)  A black business investment corporation that meets the
7713requirements of s. 288.7102(4) is eligible to participate in the
7714Black Business Loan Program and shall receive priority
7715consideration by the department Office of Tourism, Trade, and
7716Economic Development for participation in the program.
7717     Section 94.  Section 288.7102, Florida Statutes, is amended
7718to read:
7719     288.7102  Black Business Loan Program.-
7720     (1)  The Black Business Loan Program is established within
7721in the department, which Office of Tourism, Trade, and Economic
7722Development. Under the program, the office shall annually
7723certify eligible recipients and subsequently disburse funds
7724appropriated by the Legislature, through such eligible
7725recipients, to black business enterprises that cannot obtain
7726capital through conventional lending institutions but that could
7727otherwise compete successfully in the private sector.
7728     (2)  The department office shall establish an application
7729and annual certification process for entities seeking funds to
7730participate in providing loans, loan guarantees, or investments
7731in black business enterprises pursuant to the Florida Black
7732Business Investment Act. The department office shall process all
7733applications and recertifications submitted by June 1 on or
7734before July 31.
7735     (3)  If the Black Business Loan Program is appropriated any
7736funding in a fiscal year, the Governor, through the department,
7737Office shall distribute an equal amount of the appropriation,
7738calculated as the total annual appropriation divided by the
7739total number of program recipients certified on or before July
774031 of that fiscal year.
7741     (4)  To be eligible to receive funds and provide loans,
7742loan guarantees, or investments under this section, a recipient
7743must:
7744     (a)  Be a corporation registered in the state.
7745     (b)  For an existing recipient, annually submit to the
7746department office a financial audit performed by an independent
7747certified public account for the most recently completed fiscal
7748year, which audit does not reveal any material weaknesses or
7749instances of material noncompliance.
7750     (c)  For a new recipient:
7751     1.  Demonstrate that its board of directors includes
7752citizens of the state experienced in the development of black
7753business enterprises.
7754     2.  Demonstrate that the recipient has a business plan that
7755allows the recipient to operate in a manner consistent with this
7756section ss. 288.707-288.714 and the department's rules of the
7757office.
7758     3.  Demonstrate that the recipient has the technical skills
7759to analyze and evaluate applications by black business
7760enterprises for loans, loan guarantees, or investments.
7761     4.  Demonstrate that the recipient has established viable
7762partnerships with public and private funding sources, economic
7763development agencies, and workforce development and job referral
7764networks.
7765     5.  Demonstrate that the recipient can provide a private
7766match equal to 20 percent of the amount of funds provided by the
7767Governor through the department office.
7768     (d)  For an existing or new recipient, agree to maintain
7769the recipient's books and records relating to funds received by
7770the department office according to generally accepted accounting
7771principles and in accordance with the requirements of s.
7772215.97(7) and to make those books and records available to the
7773department office for inspection upon reasonable notice.
7774     (5)  Each eligible recipient must meet the requirements of
7775this section provisions of ss. 288.707-288.714, the terms of the
7776contract between the recipient and the department Office, and
7777any other applicable state or federal laws. An entity may not
7778receive funds under ss. 288.707-288.714 unless the entity meets
7779annual certification requirements.
7780     (6)  Upon approval by the department Office and before
7781release of the funds as provided in this section, the Governor,
7782through the department, Office shall issue a letter certifying
7783the applicant as qualified for an award. The Governor Office and
7784the applicant shall enter into an agreement that sets forth the
7785conditions for award of the funds. The agreement must include
7786the total amount of funds awarded; the performance conditions
7787that must be met once the funding has been awarded, including,
7788but not limited to, compliance with all of the requirements of
7789this section for eligible recipients of funds under this
7790section; and sanctions for failure to meet performance
7791conditions, including any provisions to recover awards.
7792     (7)  The department Office, in consultation with the board,
7793shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
7794implement this section.
7795     (8)  A black business investment corporation certified by
7796the Governor Office as an eligible recipient under this section
7797is authorized to use funds appropriated for the Black Business
7798Loan Program in any of the following forms:
7799     (a)  Purchases of stock, preferred or common, voting or
7800nonvoting; however, no more than 40 percent of the funds may be
7801used for direct investments in black business enterprises;
7802     (b)  Loans or loan guarantees, with or without recourse, in
7803either a subordinated or priority position; or
7804     (c)  Technical support to black business enterprises, not
7805to exceed 9 percent of the funds received, and direct
7806administrative costs, not to exceed 12 percent of the funds
7807received.
7808     (9)  It is the intent of the Legislature that if any one
7809type of investment mechanism authorized in subsection (8) is
7810held to be invalid, all other valid mechanisms remain available.
7811     (10)  All loans, loan guarantees, and investments, and any
7812income related thereto, shall be used to carry out the public
7813purpose of ss. 288.707-288.714, which is to develop black
7814business enterprises. This subsection does not preclude a
7815reasonable profit for the participating black business
7816investment corporation or for return of equity developed to the
7817state and participating financial institutions upon any
7818distribution of the assets or excess income of the investment
7819corporation.
7820     Section 95.  Section 288.714, Florida Statutes, is amended
7821to read:
7822     288.714  Quarterly and annual reports.-
7823     (1)  Each recipient of state funds under s. 288.7102 shall
7824provide to Enterprise Florida, Inc., the Office a quarterly
7825report within 15 days after the end of each calendar quarter
7826that includes a detailed summary of the recipient's performance
7827of the duties imposed by s. 288.7102, including, but not limited
7828to:
7829     (a)  The dollar amount of all loans or loan guarantees made
7830to black business enterprises, the percentages of the loans
7831guaranteed, and the names and identification of the types of
7832businesses served.
7833     (b)  Loan performance information.
7834     (c)  The amount and nature of all other financial
7835assistance provided to black business enterprises.
7836     (d)  The amount and nature of technical assistance provided
7837to black business enterprises, including technical assistance
7838services provided in areas in which such services are otherwise
7839unavailable.
7840     (e)  A balance sheet for the recipient, including an
7841explanation of all investments and administrative and
7842operational expenses.
7843     (f)  A summary of all services provided to nonblack
7844business enterprises, including the dollar value and nature of
7845such services and the names and identification of the types of
7846businesses served.
7847     (g)  Any other information as required by policies adopted
7848by Enterprise Florida, Inc. the office.
7849     (2)  Enterprise Florida, Inc., The Office must compile a
7850summary of all quarterly reports and provide a copy of the
7851summary to the board within 30 days after the end of each
7852calendar quarter that includes a detailed summary of the
7853recipient's performance of the duties imposed by s. 288.7102.
7854     (3)  Enterprise Florida, Inc., By August 31 of each year,
7855the Office shall, as part of its annual report, provide to the
7856Governor, the President of the Senate, and the Speaker of the
7857House of Representatives a detailed report of the performance of
7858the Black Business Loan Program. The report must include a
7859cumulative summary of quarterly report data required by
7860subsection (1).
7861     (4)  By August 31 of each year, the board shall provide to
7862the Governor, the President of the Senate, and the Speaker of
7863the House of Representatives a detailed report of the board's
7864performance, including:
7865     (a)  A description of the strategies implemented by the
7866board to increase private investment in black business
7867enterprises.
7868     (b)  A summary of the board's performance of its duties
7869under ss. 288.707-288.712.
7870     (c)  The most recent 5-year projection of the need for
7871capital by black business enterprises.
7872     (d)  Recommendations for legislative or other changes to
7873enhance the development and expansion of black business
7874enterprises in the state.
7875     (e)  A projection of the program's activities during the
7876next 12 months.
7877     Section 96.  Subsection (1) of section 288.773, Florida
7878Statutes, is amended to read:
7879     288.773  Florida Export Finance Corporation.-The Florida
7880Export Finance Corporation is hereby created as a corporation
7881not for profit, to be incorporated under the provisions of
7882chapter 617 and approved by the Department of State. The
7883corporation is organized on a nonstock basis. The purpose of the
7884corporation is to expand employment and income opportunities for
7885residents of this state through increased exports of goods and
7886services, by providing businesses domiciled in this state
7887information and technical assistance on export opportunities,
7888exporting techniques, and financial assistance through
7889guarantees and direct loan originations for sale in support of
7890export transactions. The corporation shall have the power and
7891authority to carry out the following functions:
7892     (1)  To coordinate the efforts of the corporation with
7893programs and goals of the United States Export-Import Bank, the
7894International Trade Administration of the United States
7895Department of Commerce, the Foreign Credit Insurance
7896Association, Enterprise Florida, Inc., and its boards, and other
7897private and public programs and organizations, domestic and
7898foreign, designed to provide export assistance and export-
7899related financing.
7900     Section 97.  Paragraph (b) of subsection (3) of section
7901288.774, Florida Statutes, is amended to read:
7902     288.774  Powers and limitations.-
7903     (3)
7904     (b)  In providing assistance, the board shall be guided by
7905the statewide economic development plan prepared adopted by the
7906Department of Economic Opportunity pursuant to s. 288.905.
7907     Section 98.  Paragraph (a) of subsection (1) and paragraphs
7908(a), (c), and (g) of subsection (3) of section 288.776, Florida
7909Statutes, are amended to read:
7910     288.776  Board of directors; powers and duties.-
7911     (1)(a)  The corporation shall have a board of directors
7912consisting of 15 members representing all geographic areas of
7913the state. Minority and gender representation must be considered
7914when making appointments to the board. The board membership must
7915include:
7916     1.  A representative of the following businesses, all of
7917which must be registered to do business in this state: a foreign
7918bank, a state bank, a federal bank, an insurance company
7919involved in covering trade financing risks, and a small or
7920medium-sized exporter.
7921     2.  The following persons or their designee: the President
7922of Enterprise Florida, Inc., the Chief Financial Officer, the
7923Secretary of State, a senior official of the United States
7924Department of Commerce, and the chair of the advisory council to
7925the Division of International Trade and Business Development of
7926Enterprise Florida, Inc. Florida Black Business Investment
7927Board.
7928     (3)  The board shall:
7929     (a)  Before Prior to the expenditure of funds from the
7930export finance account, adopt bylaws, rules, and policies which
7931are necessary to carry out the responsibilities under this part,
7932particularly with respect to the implementation of the
7933corporation's programs to insure, coinsure, lend, provide loan
7934guarantees, and make direct, guaranteed, or collateralized loans
7935by the corporation to support export transactions. The
7936corporation's bylaws, rules, and policies shall be reviewed and
7937approved by Enterprise Florida, Inc., before prior to final
7938adoption by the board.
7939     (c)  Issue an annual report to Enterprise Florida, Inc., on
7940the activities of the corporation, including an evaluation of
7941activities and recommendations for change. The evaluation shall
7942include the corporation's impact on the following:
7943     1.  Participation of private banks and other private
7944organizations and individuals in the corporation's export
7945financing programs.
7946     2.  Access of small and medium-sized businesses in this
7947state to federal export financing programs.
7948     3.  Export volume of the small and medium-sized businesses
7949in this state accessing the corporation's programs.
7950     4.  Other economic and social benefits to international
7951programs in this state.
7952     (g)  Consult with Enterprise Florida, Inc., and its boards,
7953or any state or federal agency, to ensure that the respective
7954loan guarantee or working capital loan origination programs are
7955not duplicative and that each program makes full use of, to the
7956extent practicable, the resources of the other.
7957     Section 99.  Section 288.7771, Florida Statutes, is amended
7958to read:
7959     288.7771  Annual report of Florida Export Finance
7960Corporation.- The corporation shall annually prepare and submit
7961to the Department of Economic Opportunity Enterprise Florida,
7962Inc., for inclusion in its annual report required by s. 288.095
7963a complete and detailed report setting forth:
7964     (1)  The report required in s. 288.776(3).
7965     (2)  Its assets and liabilities at the end of its most
7966recent fiscal year.
7967     Section 100.  Section 288.816, Florida Statutes, is amended
7968to read:
7969     288.816  Intergovernmental relations.-
7970     (1)  The department Office of Tourism, Trade, and Economic
7971Development shall be responsible for consular operations and the
7972sister city and sister state program and shall serve as liaison
7973with foreign, federal, and other state international
7974organizations and with county and municipal governments in
7975Florida.
7976     (2)  The department Office of Tourism, Trade, and Economic
7977Development shall be responsible for all consular relations
7978between the state and all foreign governments doing business in
7979Florida. The department office shall monitor United States laws
7980and directives to ensure that all federal treaties regarding
7981foreign privileges and immunities are properly observed. The
7982department office shall promulgate rules which shall:
7983     (a)  Establish a viable system of registration for foreign
7984government officials residing or having jurisdiction in the
7985state. Emphasis shall be placed on maintaining active
7986communication between the department Office of Tourism, Trade,
7987and Economic Development and the United States Department of
7988State in order to be currently informed regarding foreign
7989governmental personnel stationed in, or with official
7990responsibilities for, Florida. Active dialogue shall also be
7991maintained with foreign countries which historically have had
7992dealings with Florida in order to keep them informed of the
7993proper procedure for registering with the state.
7994     (b)  Maintain and systematically update a current and
7995accurate list of all such foreign governmental officials,
7996consuls, or consulates.
7997     (c)  Issue certificates to such foreign governmental
7998officials after verification pursuant to proper investigations
7999through United States Department of State sources and the
8000appropriate foreign government.
8001     (d)  Verify entitlement to sales and use tax exemptions
8002pursuant to United States Department of State guidelines and
8003identification methods.
8004     (e)  Verify entitlement to issuance of special motor
8005vehicle license plates by the Division of Motor Vehicles of the
8006Department of Highway Safety and Motor Vehicles to honorary
8007consuls or such other officials representing foreign governments
8008who are not entitled to issuance of special Consul Corps license
8009plates by the United States Government.
8010     (f)  Establish a system of communication to provide all
8011state and local law enforcement agencies with information
8012regarding proper procedures relating to the arrest or
8013incarceration of a foreign citizen.
8014     (g)  Request the Department of Law Enforcement to provide
8015transportation and protection services when necessary pursuant
8016to s. 943.68.
8017     (h)  Coordinate, when necessary, special activities between
8018foreign governments and Florida state and local governments.
8019These may include Consular Corps Day, Consular Corps
8020conferences, and various other social, cultural, or educational
8021activities.
8022     (i)  Notify all newly arrived foreign governmental
8023officials of the services offered by the department Office of
8024Tourism, Trade, and Economic Development.
8025     (3)  The department Office of Tourism, Trade, and Economic
8026Development shall operate the sister city and sister state
8027program and establish such new programs as needed to further
8028global understanding through the interchange of people, ideas,
8029and culture between Florida and the world. To accomplish this
8030purpose, the department office shall have the power and
8031authority to:
8032     (a)  Coordinate and carry out activities designed to
8033encourage the state and its subdivisions to participate in
8034sister city and sister state affiliations with foreign countries
8035and their subdivisions. Such activities may include a State of
8036Florida sister cities conference.
8037     (b)  Encourage cooperation with and disseminate information
8038pertaining to the Sister Cities International Program and any
8039other program whose object is to promote linkages with foreign
8040countries and their subdivisions.
8041     (c)  Maximize any aid available from all levels of
8042government, public and private agencies, and other entities to
8043facilitate such activities.
8044     (d)  Establish a viable system of registration for sister
8045city and sister state affiliations between the state and foreign
8046countries and their subdivisions. Such system shall include a
8047method to determine that sufficient ties are properly
8048established as well as a method to supervise how these ties are
8049maintained.
8050     (e)  Maintain a current and accurate listing of all such
8051affiliations. Sister city affiliations shall not be discouraged
8052between the state and any country specified in s. 620(f)(1) of
8053the federal Foreign Assistance Act of 1961, as amended, with
8054whom the United States is currently conducting diplomatic
8055relations unless a mandate from the United States Government
8056expressly prohibits such affiliations.
8057     (4)  The department Office of Tourism, Trade, and Economic
8058Development shall serve as a contact for the state with the
8059Florida Washington Office, the Florida Congressional Delegation,
8060and United States Government agencies with respect to laws or
8061policies which may affect the interests of the state in the area
8062of international relations. All inquiries received regarding
8063international economic trade development or reverse investment
8064opportunities shall be referred to Enterprise Florida, Inc. In
8065addition, the department office shall serve as liaison with
8066other states with respect to international programs of interest
8067to Florida. The department office shall also investigate and
8068make suggestions regarding possible areas of joint action or
8069regional cooperation with these states.
8070     (5)  The department Office of Tourism, Trade, and Economic
8071Development shall have the power and duty to encourage the
8072relocation to Florida of consular offices and multilateral and
8073international agencies and organizations.
8074     (6)  The Division of International Trade and Business
8075Development of Enterprise Florida, Inc., Office of Tourism,
8076Trade, and Economic Development, through membership on the board
8077of directors of Enterprise Florida, Inc., shall help to
8078contribute an international perspective to the state's
8079development efforts.
8080     Section 101.  Paragraph (a) of subsection (1) and
8081subsection (2) of section 288.809, Florida Statutes, are amended
8082to read:
8083     288.809  Florida Intergovernmental Relations Foundation;
8084use of property; board of directors; audit.-
8085     (1)  DEFINITIONS.-For the purposes of this section, the
8086term:
8087     (a)  "Florida Intergovernmental Relations Foundation" means
8088a direct-support organization:
8089     1.  Which is a corporation not for profit that is
8090incorporated under the provisions of chapter 617 and approved by
8091the Department of State;
8092     2.  Which is organized and operated exclusively to solicit,
8093receive, hold, invest, and administer property and, subject to
8094the approval of the department Office of Tourism, Trade, and
8095Economic Development, to make expenditures to or for the
8096promotion of intergovernmental relations programs; and
8097     3.  Which the department Office of Tourism, Trade, and
8098Economic Development, after review, has certified to be
8099operating in a manner consistent with the policies and goals of
8100the department office.
8101     (2)  USE OF PROPERTY.-The department Office of Tourism,
8102Trade, and Economic Development:
8103     (a)  May Is authorized to permit the use of property,
8104facilities, and personal services of the department Office of
8105Tourism, Trade, and Economic Development by the foundation,
8106subject to the provisions of this section.
8107     (b)  Shall prescribe conditions with which the foundation
8108must comply in order to use property, facilities, or personal
8109services of the department. Such conditions shall provide for
8110budget and audit review and for oversight by the department
8111Office of Tourism, Trade, and Economic Development.
8112     (c)  May Shall not permit the use of property, facilities,
8113or personal services of the foundation if the foundation does
8114not provide equal employment opportunities to all persons,
8115regardless of race, color, national origin, sex, age, or
8116religion.
8117     Section 102.  Subsections (2) through (8) of section
8118288.8175, Florida Statutes, are renumbered as subsections (1)
8119through (7), respectively, and present subsections (1), (3),
8120(4), and (8) of that section are amended to read:
8121     288.8175  Linkage institutes between postsecondary
8122institutions in this state and foreign countries.-
8123     (1)  As used in this section, the term "department" means
8124the Department of Education.
8125     (2)(3)  Each institute must be governed by an agreement
8126between the Board of Governors of the State University System
8127for a state university and the State Board of Education for a
8128community college with the counterpart organization in a foreign
8129country. Each institute must report to the Department of
8130Education regarding its program activities, expenditures, and
8131policies.
8132     (3)(4)  Each institute must be co-administered in this
8133state by a university-community college partnership, as
8134designated in subsection (5), and must have a private sector and
8135public sector advisory committee. The advisory committee must be
8136representative of the international education and commercial
8137interests of the state and may have members who are native to
8138the foreign country partner. Six members must be appointed by
8139the Department of Education. The Department of Education must
8140appoint at least one member who is an international educator.
8141The presidents, or their designees, of the participating
8142university and community college must also serve on the advisory
8143committee.
8144     (7)(8)  A linkage institute may not be created or funded
8145except upon the recommendation of the Department of Education
8146and except by amendment to this section.
8147     Section 103.  Section 288.826, Florida Statutes, is amended
8148to read:
8149     288.826  Florida International Trade and Promotion Trust
8150Fund.-There is hereby established in the State Treasury the
8151Florida International Trade and Promotion Trust Fund. The moneys
8152deposited into this trust fund shall be administered by the
8153department Office of Tourism, Trade, and Economic Development
8154for the operation of Enterprise Florida, Inc., and its boards
8155and for the operation of Florida international foreign offices
8156under s. 288.012.
8157     Section 104.  Section 288.901, Florida Statutes, is amended
8158to read:
8159     (Substantial rewording of section. See
8160     s. 288.901, F.S., for present text.)
8161     288.901  Enterprise Florida, Inc.-
8162     (1)(a)  There is created a not-for-profit corporation, to
8163be known as "Enterprise Florida, Inc.," which shall be
8164registered, incorporated, organized, and operated in compliance
8165with chapter 617, and which may not be a unit or entity of state
8166government.
8167     (b)  The Legislature finds that it is in the public
8168interest and reflects the state's public policy that Enterprise
8169Florida, Inc., operate in the most open and accessible manner
8170consistent with its public purposes. To this end, the
8171Legislature specifically declares that Enterprise Florida, Inc.,
8172and its divisions, boards, and advisory councils, or similar
8173entities created or managed by Enterprise Florida, Inc., are
8174subject to the provisions of chapter 119, relating to public
8175records and those provisions of chapter 286 relating to public
8176meetings and records.
8177     (c)  The Legislature further finds that it is in the public
8178interest that the members of the board of directors of
8179Enterprise Florida, Inc., be subject to the requirements of ss.
8180112.3135, 112.3143, and 112.313, excluding s. 112.313(2),
8181notwithstanding the fact that the board members are not public
8182officers or employees. For purposes of those sections, the board
8183members are considered to be public officers or employees. The
8184exemption set forth in s. 212.313(12) for advisory boards
8185applies to the members of the board of directors of Enterprise
8186Florida, Inc. Further, each member of the board of directors who
8187is not otherwise required to file financial disclosures pursuant
8188to s. 8, Art. II of the State Constitution or s. 112.3144, shall
8189file disclosure of financial interests pursuant to s. 112.3145.
8190     (2)  Enterprise Florida, Inc., shall act as an economic-
8191development organization for the state, utilizing  private-
8192sector and public-sector expertise in collaboration with the
8193department to:
8194     (a)  Facilitate the creation of better-paying jobs and
8195increase business investment in Florida;
8196     (b)  Advance international and domestic trade
8197opportunities;
8198     (c)  Market the state both as a pro-business location for
8199new investment and as an unparalleled tourist destination;
8200     (d)  Revitalize Florida's space and aerospace industries
8201and promote emerging complementary industries;
8202     (e)  Promote opportunities for minority-owned businesses;
8203and
8204     (f)  Assist and market professional and amateur sport teams
8205and sporting events in Florida.
8206     (3)  Enterprise Florida, Inc., shall be governed by an 11-
8207member board of directors. The Governor shall serve on the board
8208as the chair, and shall appoint four other members, subject to
8209confirmation by the Senate. Three members shall be appointed by
8210the President of the Senate, and three members shall be
8211appointed by the Speaker of the House of Representatives.
8212     (a)  In making their appointments, the Governor, the
8213President of the Senate, and the Speaker of the House of
8214Representatives shall ensure that the composition of the board
8215of directors reflects the diversity of Florida's business
8216community and is representative of the economic development
8217goals in subsection (2). The board must include at least one
8218representative for each of the following areas of expertise:
8219international business, tourism marketing, the space or
8220aerospace industry, managing or financing a minority-owned
8221business, manufacturing, finance and accounting, and sports
8222marketing.
8223     (b)  The Governor, the President of the Senate, and the
8224Speaker of the House of Representatives shall also consider
8225appointees who reflect the state's racial, ethnic, and gender
8226diversity, as well as the geographic distribution, of the
8227population of the state.
8228     (c)  Appointed members shall serve 4-year terms, except
8229that initially, to provide for staggered terms, the Governor,
8230the President of the Senate, and the Speaker of the House of
8231Representatives shall each appoint one member to serve a 2-year
8232term and one member to serve a 3-year term, with the remaining
8233initial appointees serving 4-year terms. All subsequent
8234appointments shall be for 4-year terms.
8235     (d)  Initial appointments must be made by October 1, 2011,
8236and be eligible for confirmation at the earliest available
8237Senate session.
8238     (e)  Any member is eligible for reappointment, except that
8239a member may not serve more than two terms.
8240     (f)  A vacancy on the board of directors shall be filled
8241for the remainder of the unexpired term. Vacancies on the board
8242shall be filled by appointment by the Governor, the President of
8243the Senate, or the Speaker of the House of Representatives,
8244respectively, depending on who appointed the member whose
8245vacancy is to be filled or whose term has expired.
8246     (g)  Appointed members may be removed by the Governor, the
8247President of the Senate, or the Speaker of the House of
8248Representatives, respectively, for cause. Absence from three
8249consecutive meetings results in automatic removal.
8250     (4)  In addition to the board members designated under
8251subsection (3), the board of directors may by resolution appoint
8252any number of at-large members to the board of directors from
8253the private sector, each of whom may serve a term of up to 3
8254years. At-large members shall have the powers and duties of
8255other members of the board. An at-large member is eligible for
8256reappointment but may not vote on his or her own reappointment.
8257An at-large member shall be eligible to fill vacancies occurring
8258among private sector appointees under subsection (3). At-large
8259members may annually provide contributions to Enterprise
8260Florida, Inc., in an amount determined by the 11-member board
8261established in subsection (3). The contributions must be used to
8262defray the operating expenses of Enterprise Florida, Inc., and
8263help meet the required private match to the state's annual
8264appropriation.
8265     (5)(a)  The Commissioner of Economic Opportunity shall
8266serve ex officio as a nonvoting member of the board of
8267directors.
8268     (b)  Each division advisory council chair shall serve ex
8269officio as a nonvoting member of the board of directors.
8270     (c)  The chair of the Space Florida advisory council shall
8271serve ex officio as a nonvoting member of the board of
8272directors.
8273     (d)  The president of the Workforce Florida, Inc. shall
8274serve ex officio as a nonvoting member of the board of
8275directors.
8276     (e)  The chair of the Florida Housing Finance Corporation
8277shall serve ex officio as a nonvoting member of the board of
8278directors.
8279     (6)  The board of directors shall biennially elect one of
8280its members as vice chair. The board of directors shall meet at
8281least four times each year, upon the call of the chair, at the
8282request of the vice chair, or at the request of a majority of
8283the membership. A majority of the total number of current voting
8284directors shall constitute a quorum. The board of directors may
8285take official action by a majority vote of the total members
8286present at any meeting at which a quorum is present, if a
8287majority of the 11 appointed members are present.
8288     (7)  Members of the board of directors shall serve without
8289compensation, but members of Enterprise Florida, Inc., and the
8290advisory councils created in s. 288.920, may be reimbursed for
8291all reasonable, necessary, and actual expenses, as determined by
8292the board of directors.
8293     (8)  Enterprise Florida, Inc., may not endorse any
8294candidate for any elected public office or contribute moneys to
8295the campaign of any such candidate.
8296     Section 105.  Section 288.9015, Florida Statutes, is
8297amended to read:
8298     (Substantial rewording of section. See
8299     s. 288.9015, F.S., for present text.)
8300     288.9015  Powers of Enterprise Florida, Inc., and the board
8301of directors.-
8302     (1)  Enterprise Florida, Inc., shall integrate its efforts
8303in business recruitment and expansion, job creation, marketing
8304the state for tourism and sports, and promoting economic
8305opportunities for minority-owned businesses and rural and
8306distressed urban communities with those of the Commissioner of
8307Economic Opportunity, to create an aggressive, agile, and
8308collaborative effort to invigorate the state's economy.
8309     (2)  The board of directors of Enterprise Florida, Inc.,
8310shall have the power to:
8311     (a)  Secure funding for its programs and activities, and
8312for its boards from federal, state, local, and private sources
8313and from fees charged for services and published materials.
8314     (b)  Solicit, receive, hold, invest, and administer any
8315grant, payment, or gift of funds or property and make
8316expenditures consistent with the powers granted to it.
8317     (c)  Make and enter into contracts and other instruments
8318necessary or convenient for the exercise of its powers and
8319functions. A contract executed by Enterprise Florida, Inc., with
8320a person or organization under which such person or organization
8321agrees to perform economic development services or similar
8322business assistance services on behalf of Enterprise Florida,
8323Inc., or the state must include provisions requiring a
8324performance report on the contracted activities and must account
8325for proper use of funds provided under the contract, coordinate
8326with other components of state and local economic development
8327systems, and avoid duplication of existing state and local
8328services and activities.
8329     (d)  Elect or appoint such officers, employees, and agents
8330as required for its activities and for its divisions, and pay
8331such persons reasonable compensation.
8332     (e)  Carry forward any unexpended state appropriations into
8333succeeding fiscal years.
8334     (f)  Except for the divisions and advisory councils created
8335in s. 288.92, create and dissolve advisory councils, divisions,
8336working groups, task forces, or similar organizations, as
8337necessary to carry out its mission. Members of advisory
8338councils, working groups, task forces, or similar organizations
8339created by Enterprise Florida, Inc., shall serve without
8340compensation, but may be reimbursed for reasonable, necessary,
8341and actual expenses, as determined by the board of directors of
8342Enterprise Florida, Inc.
8343     (g)  Sue and be sued, and appear and defend in all actions
8344and proceedings, in its corporate name to the same extent as a
8345natural person.
8346     (h)  Adopt, use, and alter a common corporate seal for
8347Enterprise Florida, Inc., and its divisions. Notwithstanding
8348chapter 617, this seal is not required to contain the words
8349"corporation not-for-profit."
8350     (i)  Adopt, amend, and repeal bylaws, not inconsistent with
8351the powers granted to it or the articles of incorporation, for
8352the administration of the activities of Enterprise Florida,
8353Inc., and the exercise of its corporate powers.
8354     (j)  Acquire, enjoy, use, and dispose of patents,
8355copyrights, and trademarks and any licenses, royalties, and
8356other rights or interests thereunder or therein.
8357     (k)  Use the state seal, notwithstanding s. 15.03, when
8358appropriate, for standard corporate identity applications. Use
8359of the state seal is not intended to replace use of a corporate
8360seal as provided in this section.
8361     (l)  Procure insurance or require bond against any loss in
8362connection with the property of Enterprise Florida, Inc., and
8363its divisions, in such amounts and from such insurers as is
8364necessary or desirable.
8365     (3)  The powers granted to Enterprise Florida, Inc., shall
8366be liberally construed in order that Enterprise Florida, Inc.,
8367may pursue and succeed in its responsibilities under this part.
8368     (4)  Under no circumstances may the credit of the State of
8369Florida be pledged on behalf of Enterprise Florida, Inc.
8370     (5)  In addition to any indemnification available under
8371chapter 617, Enterprise Florida, Inc., may indemnify, and
8372purchase and maintain insurance on behalf of, it directors,
8373officers, and employees of Enterprise Florida, Inc., and its
8374divisions against any personal liability or accountability by
8375reason of actions taken while acting within the scope of their
8376authority.
8377     Section 106.  Section 288.903, Florida Statutes, is amended
8378to read:
8379     (Substantial rewording of section. See
8380     s. 288.903, F.S., for present text.)
8381     288.903  Duties of Enterprise Florida, Inc.-Enterprise
8382Florida, Inc., shall have the following duties:
8383     (1)  Responsibly and prudently manage all public and
8384private funds received, and ensure that the use of such funds is
8385in accordance with all applicable laws, bylaws, or contractual
8386requirements.
8387     (2)  Administer the entities or programs created pursuant
8388to part IX of chapter 288, ss. 288.9622-288.9624, and ss.
8389288.95155 and 288.9519 and the Cypress Equity Fund.
8390     (3)  Prepare an annual report pursuant to s. 288.906 and an
8391annual incentives report pursuant to s. 288.907.
8392     (4)  Assist the department with the development of an
8393annual and a long-range strategic business blueprint for
8394economic development required under s. 20.60.
8395     (5)  In coordination with Workforce Florida, Inc., identify
8396education and training programs that will ensure Florida
8397businesses have access to a skilled and competent workforce
8398necessary to compete successfully in the domestic and global
8399marketplace.
8400     Section 107.  Section 288.904, Florida Statutes, is amended
8401to read:
8402     (Substantial rewording of section. See
8403     s. 288.904, F.S., for present text.)
8404     288.904  Funding for Enterprise Florida, Inc.; return on
8405the public's investment.-
8406     (1)(a)  The Legislature finds that it is a priority to
8407maximize private-sector support in operating Enterprise Florida,
8408Inc., and its divisions, as an endorsement of their value and as
8409an enhancement of their efforts. Thus, the state appropriations
8410for operational funding must be matched with private-sector
8411support equal to at least 100 percent of the state operational
8412funding.
8413     (b)  Private-sector support in operating Enterprise
8414Florida, Inc., and its divisions includes:
8415     1.  Cash given directly to Enterprise Florida, Inc., for
8416its operations, including contributions from at-large members of
8417the board of directors;
8418     2.  Cash donations from the divisions' advisory councils or
8419from organizations assisted by the divisions;
8420     3.  Cash jointly raised by Enterprise Florida, Inc., and a
8421private local economic development organization, a group of such
8422organizations, or a statewide private business organization that
8423supports collaborative projects;
8424     4.  Cash generated by fees charged for products or services
8425of Enterprise Florida, Inc., and its divisions by sponsorship of
8426events, missions, programs, and publications; and
8427     5.  Copayments, stock, warrants, royalties, or other
8428private resources dedicated to Enterprise Florida, Inc., or its
8429divisions.
8430     (2)  Specifically for the marketing and advertising
8431activities of the Division of Tourism Marketing, a one-to-one
8432match is required of private to public contributions within 4
8433calendar years after the implementation date of the marketing
8434plan pursuant to s. 288.923. For purposes of calculating the
8435required one-to-one match, matching private funds shall be
8436divided into four categories as follows:
8437     (a)  Direct cash contributions, which include, but are not
8438limited to, cash derived from strategic alliances, contributions
8439of stocks and bonds, and partnership contributions.
8440     (b)  Fees for services, which include, but are not limited
8441to, event participation, research, and brochure placement and
8442transparencies.
8443     (c)  Cooperative advertising, which is the value based on
8444cost of contributed productions, air time, and print space.
8445     (d)  In-kind contributions, which include, but are not
8446limited to, the value of strategic alliance services
8447contributed, the value of loaned employees, discounted service
8448fees, items contributed for use in promotions, and radio or
8449television air time or print space for promotions. The value of
8450air time or print space shall be calculated by taking the actual
8451time or space and multiplying by the nonnegotiated unit price
8452for that specific time or space which is known as the media
8453equivalency value. In order to avoid duplication in determining
8454media equivalency value, only the value of the promotion itself
8455shall be included; the value of the items contributed for the
8456promotion may not be included.
8457
8458Documentation for the components of the four categories of
8459private match shall be kept on file for inspection as determined
8460necessary.
8461     (3)(a)  The state's operating investment in Enterprise
8462Florida, Inc., and its divisions is the budget contracted by the
8463department to Enterprise Florida, Inc., less any funding that is
8464directed by the Legislature to be subcontracted to a specific
8465recipient entity.
8466     (b)  The board of directors of Enterprise Florida, Inc.,
8467shall adopt for each upcoming fiscal year an operating budget
8468for the organization, including its divisions, that specifies
8469the intended uses of the state's operating investment and a plan
8470for securing private-sector support.
8471     (4)  The Legislature intends to review the performance of
8472Enterprise Florida, Inc., in achieving the performance standards
8473stated in its annual agreement with the department to determine
8474whether the public is receiving a positive return on its
8475investment in Enterprise Florida, Inc., and its divisions. It
8476also is the intent of the Legislature that Enterprise Florida,
8477Inc., coordinates its operations with local economic development
8478organizations to maximize the state and local return-on-
8479investment to create jobs for Floridians.
8480     Section 108.  Section 288.905, Florida Statutes, is amended
8481to read:
8482     (Substantial rewording of section. See
8483     s. 288.905, F.S., for present text.)
8484     288.905  President and employees of Enterprise Florida,
8485Inc.-
8486     (1)(a)  The Commissioner of Economic Opportunity shall
8487serve ex officio as president of Enterprise Florida, Inc. The
8488board of directors may establish and execute an annual contract
8489with the president that prescribes specific, measurable
8490performance outcomes for the president, the satisfaction of
8491which provides the basis for the award of privately-funded
8492performance bonuses.
8493     (b)  The president is the chief executive officer of the
8494board of directors and of Enterprise Florida, Inc., and shall
8495direct and supervise the administrative affairs of the board of
8496directors and any divisions, councils, or boards. The board of
8497directors may delegate to the president those powers and
8498responsibilities it deems appropriate, including the employment
8499and management of all employees of Enterprise Florida, Inc.
8500     (2)  An employee of Enterprise Florida, Inc., may not
8501receive compensation for employment which exceeds $130,000 per
8502fiscal year unless the board of directors and the employee
8503execute a contract that prescribes specific, measurable
8504performance outcomes for the employee, the satisfaction of which
8505provides the basis for the award of privately-funded performance
8506bonuses that increase the employee's total compensation to a
8507level that exceeds $130,000 per fiscal year.
8508     Section 109.  Section 288.906, Florida Statutes, is amended
8509to read:
8510     288.906  Annual report of Enterprise Florida, Inc., and its
8511divisions; audits.-
8512     (1)  Before Prior to December 1 of each year, Enterprise
8513Florida, Inc., shall submit to the Governor, the President of
8514the Senate, the Speaker of the House of Representatives, the
8515Senate Minority Leader, and the House Minority Leader a complete
8516and detailed report including, but not limited to:
8517     (a)(1)  A description of the operations and accomplishments
8518of Enterprise Florida, Inc., and its divisions, boards, and
8519advisory divisions committees or similar entities groups created
8520by Enterprise Florida, Inc., and an identification of any major
8521trends, initiatives, or developments affecting the performance
8522of any program or activity. The individual annual reports
8523prepared by each division shall be included as addenda.
8524     (b)(2)  An evaluation of progress towards toward achieving
8525organizational goals and specific performance outcomes, both
8526short-term and long-term, established pursuant to s. 288.905
8527this part or under the agreement with the department.
8528     (c)(3)  Methods for implementing and funding the operations
8529of Enterprise Florida, Inc., and its boards divisions, including
8530the private-sector support required under s. 288.904.
8531     (d)(4)  A description of the operations and accomplishments
8532of Enterprise Florida, Inc., and its boards divisions with
8533respect to aggressively marketing Florida's rural communities
8534and distressed urban communities as locations for potential new
8535investment and job creation, aggressively assisting in the
8536creation, retention, and expansion of existing businesses and
8537job growth in these communities, and aggressively assisting
8538these communities in the identification and development of new
8539economic development opportunities.
8540     (e)(5)  A description and evaluation of the operations and
8541accomplishments of Enterprise Florida, Inc., and its boards
8542divisions with respect to interaction with local and private
8543economic development organizations, including an the
8544identification of each organization that is a primary partner
8545and any specific programs or activities which promoted the
8546activities of such organizations and an identification of any
8547specific programs or activities which that promoted a
8548comprehensive and coordinated approach to economic development
8549in this state.
8550     (f)(6)  An assessment of job creation that directly
8551benefits participants in the welfare transition program or other
8552programs designed to put long-term unemployed persons back to
8553work.
8554     (g)  The results of a customer-satisfaction survey of
8555businesses served. The survey shall be conducted by an
8556independent entity with expertise in survey research that is
8557under contract with Enterprise Florida, Inc., to develop,
8558analyze, and report the results.
8559     (h)(7)  An annual compliance and financial audit of
8560accounts and records by an independent certified public
8561accountant at the end of its most recent fiscal year performed
8562in accordance with rules adopted by the Auditor General.
8563     (2)  The detailed report required by this subsection
8564section shall also include the information identified in
8565subsection (1) subsections (1)-(7), if applicable, for any board
8566each division established within the corporate structure of
8567Enterprise Florida, Inc.
8568     Section 110.  Section 288.907, Florida Statutes, is created
8569to read:
8570     288.907  Annual incentives report.-
8571     (1)  In addition to the annual report required under s.
8572288.906, Enterprise Florida, Inc., by December 30 of each year,
8573shall provide the Governor, the President of the Senate, and the
8574Speaker of the House of Representatives a detailed incentives
8575report quantifying the economic benefits for all of the economic
8576development incentive programs marketed by Enterprise Florida,
8577Inc.
8578     (a)  The annual incentives report must include for each
8579incentive program:
8580     1.  A brief description of the incentive program.
8581     2.  The amount of awards granted, by year, since inception.
8582     3.  The economic benefits, as defined in s. 288.005(1),
8583based on the actual amount of private capital invested, actual
8584number of jobs created, and actual wages paid for incentive
8585agreements completed during the previous 3 years.
8586     4.  The report shall also include the actual amount of
8587private capital invested, actual number of direct jobs created,
8588and actual wages paid for incentive agreements completed during
8589the previous 3 years for each target industry sector.
8590     (b)  For projects completed during the previous state
8591fiscal year, the report must include:
8592     1.  The number of economic development incentive
8593applications received.
8594     2.  The number of recommendations made to the Governor by
8595Enterprise Florida, Inc., including the number recommended for
8596approval and the number recommended for denial.
8597     3.  The number of final decisions issued by the Governor
8598for approval and for denial.
8599     4.  The projects for which a tax refund, tax credit, or
8600cash grant agreement was executed, identifying:
8601     a.  The number of jobs committed to be created.
8602     b.  The amount of capital investments committed to be made.
8603     c.  The annual average wage committed to be paid.
8604     d.  The amount of state economic development incentives
8605committed to the project from each incentive program under the
8606project's terms of agreement with the Governor.
8607     e.  The amount and type of local matching funds committed
8608to the project.
8609     (c)  For economic development projects that received tax
8610refunds, tax credits, or cash grants under the terms of an
8611agreement for incentives, the report must identify:
8612     1.  The number of direct jobs actually created.
8613     2.  The amount of capital investments actually made.
8614     3.  The annual average wage paid.
8615     (d)  For a project receiving economic development
8616incentives approved by the Governor and receiving federal or
8617local incentives, the report must include a description of the
8618federal or local incentives, if available.
8619     (e)  The report must state the number of withdrawn or
8620terminated projects that did not fulfill the terms of their
8621agreements with the Governor and consequently are not receiving
8622incentives.
8623     (f)  The report must include an analysis of the economic
8624benefits, as defined in s. 288.005(1), of tax refunds, tax
8625credits, or other payments made to projects locating or
8626expanding in state enterprise zones, rural communities,
8627brownfield areas, or distressed urban communities.
8628     (g)  The report must identify the target industry
8629businesses and high-impact businesses.
8630     (h)  The report must describe the trends relating to
8631business interest in, and usage of, the various incentives, and
8632the number of minority-owned or woman-owned businesses receiving
8633incentives.
8634     (i)  The report must identify incentive programs not
8635utilized.
8636     (2)  The Division of Strategic Business Development within
8637the department shall assist Enterprise Florida, Inc., in the
8638preparation of the annual incentives report.
8639     Section 111.  Subsection (3) is added to section 288.911,
8640Florida Statutes, to read:
8641     288.911  Creation and implementation of a marketing and
8642image campaign.-
8643     (3)  Enterprise Florida, Inc., may register the fictitious
8644name "VISIT Florida" pursuant to 865.09 for use in its
8645activities related to promotion of the state as a tourist
8646destination.
8647     Section 112.  Section 288.912, Florida Statutes, is created
8648to read:
8649     288.912  Inventory of communities seeking to recruit
8650businesses.-By September 30 of each year, a county or
8651municipality that has a population of at least 25,000 or its
8652local economic development organization must submit to the
8653department, a brief overview of the strengths, services, and
8654economic development incentives that its community offers. The
8655county or municipality or its local economic development
8656organization must also identify any industries that it is
8657encouraging to locate or relocate to its area of the state. A
8658county or municipality with a population less than 25,000 or its
8659local economic development organization may submit information
8660as described in this section and be allowed access to or the
8661ability to participate in any activity or initiative that
8662results from the collection, analysis, and reporting of the
8663information provided to the department pursuant to this section.
8664     Section 113.  Section 288.920, Florida Statutes, is created
8665to read:
8666     288.920  Divisions and advisory councils of Enterprise
8667Florida, Inc.-
8668     (1)  Enterprise Florida, Inc., shall establish divisions,
8669including, but not limited to, the following and shall assign
8670distinct responsibilities and complementary missions to each
8671division:
8672     (a)  Division of International Trade and Business
8673Development;
8674     (b)  Division of Business Retention and Recruitment;
8675     (c)  Division of Tourism Marketing;
8676     (d)  Division of Minority Business Development; and
8677     (e)  Division of Sports Industry Development.
8678     (2)(a)  The president of Enterprise Florida, Inc., as
8679deemed appropriate by its board of directors, shall hire and
8680establish the annual compensation of the employees of the
8681divisions of Enterprise Florida, Inc. Such employees may be
8682eligible for performance bonuses pursuant to s. 288.905(3).
8683     (b)  The board of directors of Enterprise Florida, Inc.,
8684may organize the divisions and, to the greatest extent
8685practicable, minimize costs by requiring that the divisions
8686share administrative staff.
8687     (3)  The Division of Business Retention and Recruitment,
8688the Division of Tourism Marketing, and the Division of Minority
8689Business Development shall each have an advisory council
8690composed of residents of the state who have expertise in the
8691respective division's responsibilities. Enterprise Florida,
8692Inc., may submit nominations of persons to serve on each
8693advisory council to the Governor, who shall appoint the members
8694of each advisory council. Nominations for advisory council
8695membership shall include representatives from all geographic
8696areas of the state, including rural and urban communities. Each
8697advisory council shall select a chair from among its membership.
8698     (4)  Each advisory council member shall serve for a term of
86992 years. A member may not serve more than two consecutive terms.
8700The Governor may remove any member for cause and shall fill all
8701vacancies
8702     (5)  Advisory council members shall serve without
8703compensation, but may be reimbursed for all reasonable,
8704necessary, and actual expenses, as determined by the board of
8705directors of Enterprise Florida, Inc.
8706     Section 114.  Section 288.921, Florida Statutes, is created
8707to read:
8708     288.921  Division of International Trade and Business
8709Development; responsibilities; advisory council.-
8710     (1)  The Division of International Trade and Business
8711Development is established within Enterprise Florida, Inc.
8712     (2)  The division shall be responsible for:
8713     (a)  Developing business leads that generate increased
8714foreign investment in the state;
8715     (b)  Developing programs, such as international trade
8716shows, that establish viable overseas markets for Florida
8717products and services;
8718     (c)  Facilitate the development and implementation of
8719strategies to secure financing for exporting Florida products
8720and services;
8721     (d)  Promote opportunities for international joint-venture
8722relationships, using the resources of academic, business, and
8723other institutions;
8724     (e)  Coordinate and facilitate trade assistance for Florida
8725businesses;
8726     (f)  Participate in discussions and planning exercises with
8727the Florida Seaport Transportation and Economic Development
8728Council, the Department of Transportation, and the statewide
8729transportation logistics and intermodal mobility organizations
8730regarding proposed improvements to the state's infrastructure to
8731attract and manage international cargo and commerce.
8732     (3)  A 15-member advisory council shall be appointed,
8733pursuant to s. 288.920, to submit recommendations to the board
8734of directors of Enterprise Florida, Inc., on matters pertaining
8735to international trade and business development; and projects to
8736be undertaken by the division.
8737     Section 115.  Section 288.922, Florida Statutes, is created
8738to read:
8739     288.922  Division of Business Retention and Recruitment;
8740responsibilities; advisory council.-
8741     (1)  The Division for Business Retention and Recruitment is
8742established with Enterprise Florida, Inc.
8743     (2)  The division shall coordinate with the Commissioner of
8744Economic Opportunity and Enterprise Florida, Inc., to generate
8745business leads on companies interested in relocating to the
8746state and Florida-based companies interested in expanding or
8747diversifying their operations within the state. In performing
8748its duties, the division should:
8749     (a)  Consider the inventory of communities seeking to
8750recruit businesses submitted pursuant to s. 288.912.
8751     (b)  Identify community needs associated with retaining
8752existing businesses and recruiting new businesses, including the
8753use of public-private funds to serve workforce housing needs
8754that are affordable to local business employees, identifying
8755developable lands with minimal planning and permitting concerns
8756and available infrastructure.
8757     (c)  Identify community needs and assets related to
8758business retention and recruitment opportunities in rural areas
8759and provide targeted assistance to communities located within
8760Rural Areas of Critical Economic Concern established pursuant to
8761s. 288.0656.
8762     (3)  By October 15 of each year, the division shall submit
8763an annual report to the board of directors of Enterprise
8764Florida, Inc., which details the division's activities during
8765the previous fiscal year and provides recommendations for
8766revising laws relating to business retention and recruitment.
8767     (4)  A 15-member advisory council shall be appointed,
8768pursuant to s. 288.920, to submit recommendations to the board
8769of directors of Enterprise Florida, Inc., on matters pertaining
8770to innovative methods of business development and recruitment
8771efforts; changes to existing economic development incentives,
8772including the elimination of inactive incentives or
8773implementation of new incentives; and target industries for
8774recruitment or retention. Strong consideration should be given
8775to appointing members who represent Rural Areas of Critical
8776Economic Concern.
8777     Section 116.  Section 288.923, Florida Statutes, is created
8778to read:
8779     288.923  Division of Tourism Marketing; definitions;
8780responsibilities; advisory council.-
8781     (1)  The Division of Tourism Marketing is established
8782within Enterprise Florida, Inc.
8783     (2)  As used in this section, the term:
8784     (a)  "Tourism marketing" means any efforts exercised to
8785attract domestic and international visitors from outside the
8786state to destinations in the state and to stimulate state-
8787resident tourism to areas within the state.
8788     (b)  "Tourist" means any person who participates in trade
8789or recreation activities outside the county of his or her
8790permanent residence or who rents or leases transient living
8791quarters or accommodations as described in s. 125.0104(3)(a).
8792     (c)  "County destination marketing organization" means a
8793public or private agency that is funded by local option tourist
8794development tax revenues under s. 125.0104, or local option
8795convention development tax revenues under s. 212.0305, and is
8796officially designated by a county commission to market and
8797promote the area for tourism or convention business or, in any
8798county which has not levied such taxes, a public or private
8799agency that is officially designated by the county commission to
8800market and promote the area for tourism or convention business.
8801     (3)  The division's responsibilities and duties include,
8802but are not limited to:
8803     (a)  Advising the president of Enterprise Florida, Inc., on
8804development of domestic and international tourism marketing
8805campaigns featuring Florida;
8806     (b)  Developing and implementing, in conjunction with its
8807private partners, an annual tourism marketing campaign that
8808targets each region of the state, each season of the year, and
8809traditional as well as new tourist populations; and
8810     (c)  Developing a 4-year marketing plan explicitly
8811explaining how the division intends to:
8812     1.  Sustain overall tourism growth in Florida;
8813     2.  Expand to new or under-represented tourist markets;
8814     3.  Solidify traditional and loyal tourist markets;
8815     4.  Coordinate efforts with county destination marketing
8816organizations, other local government marketing groups,
8817privately owned attractions and destinations, and other private-
8818sector partners to create a seamless, four-season advertising
8819campaign for the state and its regions;
8820     5.  Develop innovative techniques or promotions to build
8821repeat visitation by targeted segments of the tourist
8822population;
8823     6.  Consider innovative sources of private funding for
8824tourism marketing; and
8825     7.  Develop and update periodically an emergency response
8826component to address natural and man-made disasters from a
8827marketing stand point.
8828
8829The plan shall be annual in construction and ongoing in nature.
8830Any annual revisions of such a plan shall carry forward the
8831concepts of the remaining 3-year portion of that plan and
8832consider a continuum portion to preserve the 4-year time-frame
8833of the plan. The plan also shall include recommendations for
8834specific performance standards and measurable outcomes for the
8835division. The Commissioner of Economic Opportunity, in
8836consultation with the board of directors of Enterprise Florida,
8837Inc., shall base the actual performance metrics on these
8838recommendations.
8839     (d)  Drafting and submitting an annual report by October 15
8840of each year which details the division's activities during the
8841prior fiscal year, and any recommendations for improving current
8842statutes related to tourism marketing.
8843     (4)  A 15-member advisory council shall be appointed,
8844pursuant to s. 288.920, to make recommendations to the board of
8845directors of Enterprise Florida, Inc., on matters pertaining to
8846ways to improve or enhance Florida's tourism marketing efforts;
8847research on tourist populations and trends; and innovative
8848tourism funding proposals.
8849     Section 117.  Section 288.925, Florida Statutes, is created
8850to read:
8851     288.925  The Division of Minority Business Investment;
8852responsibilities; advisory council.-
8853     (1)  The Division of Minority Business Development is
8854established within Enterprise Florida, Inc.
8855     (2)  The division's primary mission is to assist in the
8856development and expansion of minority business enterprises by:
8857     (a)  Administering the Black Business Loan Program in s.
8858288.7102 and assisting in the creation of a long-range strategic
8859policy for that program.
8860     (b)  Evaluating the unmet need for capital by black
8861business enterprises in the state, and providing a 5-year
8862projection of the need for capital by minority business
8863enterprises. The division may contract with an independent
8864entity to prepare the projection once every 5 years.
8865     (c)  Developing strategies to increase financial
8866institution investment in minority business enterprises.
8867     (d)  Advising the department and Enterprise Florida, Inc.,
8868about the needs of minority business enterprises.
8869     (e)  Creating partnerships among federal, state, and local
8870governments, private enterprises, and national organizations to
8871aid in the development and expansion of black business
8872enterprises.
8873     (f)  Acting as a clearinghouse of information by providing
8874a network of information resources for minority business
8875enterprises and facilitate the provision of technical assistance
8876in communities in which such services are otherwise underserved.
8877     (g)  Aiding the development and expansion of minority
8878business enterprises by leveraging federal, state, local, and
8879private funds to be held by the Enterprise Florida, Inc., board
8880of directors for uses pursuant to this section and s. 288.7102.
8881     (h)  Marketing services to minority business enterprises,
8882including the Black Business Loan Program.
8883     (i)  Submitting an annual report by October 15 of each year
8884to the Enterprise Florida, Inc., board of directors that details
8885the previous fiscal year's activities, including activities of
8886the black business investment corporations that make the loans
8887to qualified businesses, pursuant to s. 288.7102; the most
8888recent 5 year projection of the need for capital by black
8889business enterprises, identifiable trends from the previous
8890fiscal year's loan activity; and any recommended changes to the
8891current program.
8892     (3)  A 15-member advisory council shall be appointed,
8893pursuant to s. 288.920, to make recommendations to the
8894Enterprise Florida, Inc., board of directors on such matters as
8895how to improve minority business access to capital; and
8896recommendations on how to provide technical assistance and other
8897business resources to minority-owned businesses. Members of the
8898advisory council must have experience in business, including
8899financial services, banking, or economic development. At least
8900one of the appointees must have experience in venture capital.
8901     Section 118.  Section 288.1229, Florida Statutes, is
8902transferred, renumbered as section 288.926, Florida Statutes,
8903and amended to read:
8904     (Substantial rewording of section. See
8905     s. 288.1229, F.S., for present text.)
8906     288.926  Division of Sports Industry Development;
8907responsibilities; duties; advisory council.-
8908     (1)  The Division of Sports Industry Development is
8909established within Enterprise Florida, Inc.
8910     (2)  The division is responsible for:
8911     (a)  The promotion and development of professional and
8912amateur sports industries and related industries for the purpose
8913of improving the economic presence of these industries in
8914Florida.
8915     (b)  The promotion of amateur athletic participation for
8916the citizens of Florida, and the promotion of Florida as a host
8917for national and international amateur athletic competitions for
8918the purpose of encouraging and increasing the direct and
8919ancillary economic benefits of amateur athletic events and
8920competitions.
8921     (c)  The retention of professional sports franchises,
8922including the spring training operations of Major League
8923Baseball.
8924     (d)  The drafting and submitting an annual report by
8925October 15 of each year to Enterprise Florida, Inc., that
8926details the division's activities for the prior fiscal year and
8927any recommendations for improving current statutes related to
8928sports and related industries.
8929     (3)  The division shall have the following duties:
8930     (a)  Developing, fostering, and coordinating services and
8931programs for amateur sports for all Floridians.
8932     (b)  Sponsoring amateur sports workshops, clinics,
8933conferences, and other similar activities.
8934     (c)  Giving recognition to outstanding developments and
8935achievements in, and contributions to, amateur sports.
8936     (d)  Encouraging, supporting, and assisting local
8937governments and communities in the development of or hosting of
8938local amateur athletic events and competitions.
8939     (e)  Promoting this state as a host for national and
8940international amateur athletic competitions.
8941     (f)  Continuing the amateur sports programs previously
8942conducted by the Florida Governor's Council on Physical Fitness
8943and Amateur Sports created under the former s. 14.22.
8944     (g)  Encouraging and continuing the use of volunteers in
8945its amateur sports programs to the maximum extent possible.
8946     (h)  Developing, fostering, and coordinating services and
8947programs designed to encourage the participation of Florida's
8948youth in Olympic sports activities and competitions.
8949     (i)  Fostering and coordinating services and programs
8950designed to contribute to the physical fitness of the citizens
8951of Florida.
8952     (j)  Developing a statewide program of amateur athletic
8953competition to be known as the "Sunshine State Games." The
8954Sunshine State Games shall be patterned after the Summer
8955Olympics with variations as necessitated by availability of
8956facilities, equipment, and expertise. The games shall be
8957designed to encourage the participation of athletes representing
8958a broad range of age groups, skill levels, and Florida
8959communities. Participants shall be residents of this state.
8960Regional competitions shall be held throughout the state, and
8961the top qualifiers in each sport shall proceed to the final
8962competitions to be held at a site in the state with the
8963necessary facilities and equipment for conducting the
8964competitions.
8965     (4)  The Executive Office of the Governor may authorize the
8966use of property, facilities, and personnel services of or at any
8967State University System facility or institution by the division
8968for operating the Sunshine State Games. For the purposes of this
8969paragraph, personnel services includes full-time or part-time
8970personnel as well as payroll processing. Any funds or property
8971held in trust by the Sunshine State Games Foundation, Inc., and
8972the Florida Governor's Council on Physical Fitness and Amateur
8973Sports shall revert to the division upon expiration or
8974cancellation of the contract with the Sunshine State Games
8975Foundation, Inc., and the Florida Governor's Council on Physical
8976Fitness and Amateur Sports, to be used for the promotion of
8977amateur sports in Florida.
8978     (5)(a)  A 15-member advisory council shall be appointed,
8979pursuant to s. 288.920, to make recommendations to the
8980Enterprise Florida, Inc., board of directors on the activities
8981of the division.
8982     (b)  Applicants for the advisory council must have either a
8983background in community service in, or financial support of, the
8984sports industry, professional sports, or organized amateur
8985athletics. They also should be knowledgeable about or active in
8986professional or organized amateur sports. Additionally, the
8987advisory council's membership must be representative of all
8988geographical regions of the state and reflect the state's ethnic
8989and gender diversity.
8990     Section 119.  Section 288.95155, Florida Statutes, is
8991amended to read:
8992     288.95155  Florida Small Business Technology Growth
8993Program.-
8994     (1)  The Florida Small Business Technology Growth Program
8995is hereby established to provide financial assistance to
8996businesses in this state having high job growth and emerging
8997technology potential and fewer than 100 employees. The program
8998shall be administered and managed by Enterprise Florida, Inc.
8999     (2)(a)  Enterprise Florida, Inc., shall establish a
9000separate small business technology growth account in the Florida
9001Technology Research Investment Fund for purposes of this
9002section. Moneys in the account shall consist of appropriations
9003by the Legislature, proceeds of any collateral used to secure
9004such assistance, transfers, fees assessed for providing or
9005processing such financial assistance, grants, interest earnings,
9006and earnings on financial assistance.
9007     (b)  For the 2009-2010 fiscal year only, Enterprise
9008Florida, Inc., shall advance up to $600,000 from the account to
9009the Institute for Commercialization of Public Research for its
9010operations. This paragraph expires July 1, 2010.
9011     (3)  Pursuant to s. 216.351, the amount of any moneys
9012appropriated to the account which are unused at the end of the
9013fiscal year are shall not be subject to reversion under s.
9014216.301. All moneys in the account are continuously appropriated
9015to the account and may be used for loan guarantees, letter of
9016credit guarantees, cash reserves for loan and letter of credit
9017guarantees, payments of claims pursuant to contracts for
9018guarantees, subordinated loans, loans with warrants, royalty
9019investments, equity investments, and operations of the program.
9020Any claim against the program shall be paid solely from the
9021account. Neither the credit nor the taxing power of the state
9022shall be pledged to secure the account or moneys in the account,
9023other than from moneys appropriated or assigned to the account,
9024and the state are shall not be liable or obligated in any way
9025for any claims against the account or against Enterprise
9026Florida, Inc.
9027     (4)  Awards of assistance from the program shall be
9028finalized subject to the policies and procedures of Enterprise
9029Florida, Inc. Enterprise Florida, Inc., shall leverage at least
9030one dollar of matching investment for each dollar awarded from
9031the program. Enterprise Florida, Inc., shall give the highest
9032priority to moderate-risk and high-risk ventures that offer the
9033greatest opportunity for compelling economic development impact.
9034Enterprise Florida, Inc., shall establish for each award a risk-
9035reward timetable that profiles the risks of the assistance,
9036estimates the potential economic development impact, and
9037establishes a timetable for reviewing the success or failure of
9038the assistance. By December 31 of each year, Enterprise Florida,
9039Inc., shall evaluate, on a portfolio basis, the results of all
9040awards of assistance made from the program during the year.
9041     (5)  Enterprise Florida, Inc., shall prepare for inclusion
9042in the department's and include in its annual report required by
9043s. 288.095 a report on the financial status of the program. The
9044report must specify the assets and liabilities of the program
9045within the current fiscal year and must include a portfolio
9046update that lists all of the businesses assisted, the private
9047dollars leveraged by each business assisted, and the growth in
9048sales and in employment of each business assisted.
9049     Section 120.  Paragraph (e) of subsection (2), paragraph
9050(a) of subsection (4), subsection (7), paragraph (b) of
9051subsection (8), subsection (9), paragraph (l) of subsection
9052(10), and subsection (15) of section 288.955, Florida Statutes,
9053are amended, and present subsections (16) and (17) of that
9054section are renumbered as subsections (15) and (16),
9055respectively, to read:
9056     288.955  Scripps Florida Funding Corporation.-
9057     (2)  CREATION.-
9058     (e)  The department Office of Tourism, Trade, and Economic
9059Development shall provide administrative support to the
9060corporation as requested by the corporation. In the event of the
9061dissolution of the corporation, the department office shall be
9062the corporation's successor in interest and shall assume all
9063rights, duties, and obligations of the corporation under any
9064contract to which the corporation is then a party and under law.
9065     (4)  BOARD; MEMBERSHIP.-The corporation shall be governed
9066by a board of directors.
9067     (a)  The board of directors shall consist of nine voting
9068members, of whom the Governor shall appoint three, the President
9069of the Senate shall appoint three, and the Speaker of the House
9070of Representatives shall appoint three. The Commissioner of
9071Economic Opportunity or the commissioner's designee director of
9072the Office of Tourism, Trade, and Economic Development or the
9073director's designee shall serve ex officio as a an ex-officio,
9074nonvoting member of the board of directors.
9075     (7)  INVESTMENT OF FUNDS.-The corporation must enter into
9076an agreement with the State Board of Administration under which
9077funds received by the corporation from the department Office of
9078Tourism, Trade, and Economic Development which are not disbursed
9079to the grantee shall be invested by the State Board of
9080Administration on behalf of the corporation. Funds shall be
9081invested in suitable instruments authorized under s. 215.47 and
9082specified in investment guidelines established and agreed to by
9083the State Board of Administration and the corporation.
9084     (8)  CONTRACT.-
9085     (b)  The contract, at a minimum, must contain provisions:
9086     1.  Specifying the procedures and schedules that govern the
9087disbursement of funds under this section and specifying the
9088conditions or deliverables that the grantee must satisfy before
9089the release of each disbursement.
9090     2.  Requiring the grantee to submit to the corporation a
9091business plan in a form and manner prescribed by the
9092corporation.
9093     3.  Prohibiting The Scripps Research Institute or the
9094grantee from establishing other biomedical science or research
9095facilities in any state other than this state or California for
9096a period of 12 years from the commencement of the contract.
9097Nothing in this subparagraph shall prohibit the grantee from
9098establishing or engaging in normal collaborative activities with
9099other organizations.
9100     4.  Governing the ownership of or security interests in
9101real property and personal property, including, but not limited
9102to, research equipment, obtained through the financial support
9103of state or local government, including a provision that in the
9104event of a breach of the contract or in the event the grantee
9105ceases operations in this state, such property purchased with
9106state funds shall revert to the state and such property
9107purchased with local funds shall revert to the local governing
9108authority.
9109     5.  Requiring the grantee to be an equal opportunity
9110employer.
9111     6.  Requiring the grantee to maintain a policy of awarding
9112preference in employment to residents of this state, as defined
9113by law, except for professional scientific staff positions
9114requiring a doctoral degree, postdoctoral training positions,
9115and graduate student positions.
9116     7.  Requiring the grantee to maintain a policy of making
9117purchases from vendors in this state, to the extent it is cost-
9118effective and scientifically sound.
9119     8.  Requiring the grantee to use the Internet-based job-
9120listing system of the department Agency for Workforce Innovation
9121in advertising employment opportunities.
9122     9.  Requiring the grantee to establish accredited science
9123degree programs.
9124     10.  Requiring the grantee to establish internship programs
9125to create learning opportunities for educators and secondary,
9126postsecondary, graduate, and doctoral students.
9127     11.  Requiring the grantee to submit data to the
9128corporation on the activities and performance during each fiscal
9129year and to provide to the corporation an annual accounting of
9130the expenditure of funds disbursed under this section.
9131     12.  Establishing that the corporation shall review the
9132activities of the grantee to assess the grantee's financial and
9133operational compliance with the provisions of the contract and
9134with relevant provisions of law.
9135     13.  Authorizing the grantee, when feasible, to use
9136information submitted by it to the Federal Government or to
9137other organizations awarding research grants to the grantee to
9138help meet reporting requirements imposed under this section or
9139the contract, if the information satisfies the reporting
9140standards of this section and the contract.
9141     14.  Requiring the grantee during the first 7 years of the
9142contract to create 545 positions and to acquire associated
9143research equipment for the grantee's facility in this state, and
9144pay for related maintenance of the equipment, in a total amount
9145of not less than $45 million.
9146     15.  Requiring the grantee to progress in the creation of
9147the total number of jobs prescribed in subparagraph 14. on the
9148following schedule: At least 38 positions in the 1st year, 168
9149positions in the 2nd year, 280 positions in the 3rd year, 367
9150positions in the 4th year, 436 positions in the 5th year, 500
9151positions in the 6th year, and 545 positions in the 7th year.
9152The board may allow the grantee to deviate downward from such
9153employee levels by 25 percent in any year, to allow the grantee
9154flexibility in achieving the objectives set forth in the
9155business plan provided to the corporation; however, the grantee
9156must have no fewer than 545 positions by the end of the 7th
9157year.
9158     16.  Requiring the grantee to allow the corporation to
9159retain an independent certified public accountant licensed in
9160this state pursuant to chapter 473 to inspect the records of the
9161grantee in order to audit the expenditure of funds disbursed to
9162the grantee. The independent certified public accountant may
9163shall not disclose any confidential or proprietary scientific
9164information of the grantee.
9165     17.  Requiring the grantee to purchase liability insurance
9166and governing the coverage level of such insurance.
9167     (9)  PERFORMANCE EXPECTATIONS.-In addition to the
9168provisions prescribed in subsection (8), the contract between
9169the corporation and the grantee shall include a provision that
9170the grantee, in cooperation with the department Office of
9171Tourism, Trade, and Economic Development, shall report to the
9172corporation on performance expectations that reflect the
9173aspirations of the Governor and the Legislature for the benefits
9174accruing to this state as a result of the funds appropriated
9175pursuant to this section. These shall include, but are not
9176limited to, performance expectations addressing:
9177     (a)  The number and dollar value of research grants
9178obtained from the Federal Government or sources other than this
9179state.
9180     (b)  The percentage of total research dollars received by
9181The Scripps Research Institute from sources other than this
9182state which is used to conduct research activities by the
9183grantee in this state.
9184     (c)  The number or value of patents obtained by the
9185grantee.
9186     (d)  The number or value of licensing agreements executed
9187by the grantee.
9188     (e)  The extent to which research conducted by the grantee
9189results in commercial applications.
9190     (f)  The number of collaborative agreements reached and
9191maintained with colleges and universities in this state and with
9192research institutions in this state, including agreements that
9193foster participation in research opportunities by public and
9194private colleges and universities and research institutions in
9195this state with significant minority populations, including
9196historically black colleges and universities.
9197     (g)  The number of collaborative partnerships established
9198and maintained with businesses in this state.
9199     (h)  The total amount of funding received by the grantee
9200from sources other than the State of Florida.
9201     (i)  The number or value of spin-off businesses created in
9202this state as a result of commercialization of the research of
9203the grantee.
9204     (j)  The number or value of businesses recruited to this
9205state by the grantee.
9206     (k)  The establishment and implementation of policies to
9207promote supplier diversity using the guidelines developed by the
9208Office of Supplier Diversity under s. 287.09451 and to comply
9209with the ordinances, including any small business ordinances,
9210enacted by the county and which are applicable to the biomedical
9211research institution and campus located in this state.
9212     (l)  The designation by the grantee of a representative to
9213coordinate with the Office of Supplier Diversity.
9214     (m)  The establishment and implementation of a program to
9215conduct workforce recruitment activities at public and private
9216colleges and universities and community colleges in this state
9217which request the participation of the grantee.
9218
9219The contract shall require the grantee to provide information to
9220the corporation on the progress in meeting these performance
9221expectations on an annual basis. It is the intent of the
9222Legislature that, in fulfilling its obligation to work with
9223Florida's public and private colleges and universities, Scripps
9224Florida work with such colleges and universities regardless of
9225size.
9226     (10)  DISBURSEMENT CONDITIONS.-In addition to the
9227provisions prescribed in subsection (8), the contract between
9228the corporation and the grantee shall include disbursement
9229conditions that must be satisfied by the grantee as a condition
9230for the continued disbursement of funds under this section.
9231These disbursement conditions shall be negotiated between the
9232corporation and the grantee and shall not be designed to impede
9233the ability of the grantee to attain full operational status.
9234The disbursement conditions may be appropriately varied as to
9235timeframes, numbers, values, and percentages. The disbursement
9236conditions shall include, but are not limited to, the following
9237areas:
9238     (l)  Beginning June 2004, the grantee shall commence
9239collaboration efforts with the department Office of Tourism,
9240Trade, and Economic Development by complying with reasonable
9241requests for cooperation in economic development efforts in the
9242biomed/biotech industry. No later than July 2004, the grantee
9243shall designate a person who shall be charged with assisting in
9244these collaborative efforts.
9245     (15)  PROGRAM EVALUATION.-
9246     (a)  Before January 1, 2007, the Office of Program Policy
9247Analysis and Government Accountability shall conduct a
9248performance audit of the Office of Tourism, Trade, and Economic
9249Development and the corporation relating to the provisions of
9250this section. The audit shall assess the implementation and
9251outcomes of activities under this section. At a minimum, the
9252audit shall address:
9253     1.  Performance of the Office of Tourism, Trade, and
9254Economic Development in disbursing funds appropriated under this
9255section.
9256     2.  Performance of the corporation in managing and
9257enforcing the contract with the grantee.
9258     3.  Compliance by the corporation with the provisions of
9259this section and the provisions of the contract.
9260     4.  Economic activity generated through funds disbursed
9261under the contract.
9262     (b)  Before January 1, 2010, the Office of Program Policy
9263Analysis and Government Accountability shall update the report
9264required under this subsection. In addition to addressing the
9265items prescribed in paragraph (a), the updated report shall
9266include a recommendation on whether the Legislature should
9267retain the statutory authority for the corporation.
9268
9269A report of each audit's findings and recommendations shall be
9270submitted to the Governor, the President of the Senate, and the
9271Speaker of the House of Representatives. In completing the
9272performance audits required under this subsection, the Office of
9273Program Policy Analysis and Government Accountability shall
9274maximize the use of reports submitted by the grantee to the
9275Federal Government or to other organizations awarding research
9276grants to the grantee.
9277     Section 121.  Subsection (2) of section 288.9604, Florida
9278Statutes, is amended to read:
9279     288.9604  Creation of the authority.-
9280     (2)  The Governor, subject to confirmation by the Senate,
9281shall appoint the board of directors of the corporation, who
9282shall be five in number. The terms of office for the directors
9283shall be for 4 years from the date of their appointment. A
9284vacancy occurring during a term shall be filled for the
9285unexpired term. A director shall be eligible for reappointment.
9286At least three of the directors of the corporation shall be
9287bankers who have been selected by the Governor from a list of
9288bankers who were nominated by Enterprise Florida, Inc., and one
9289of the directors shall be an economic development specialist.
9290The chairperson of the Florida Black Business Investment Board
9291shall be an ex officio member of the board of the corporation.
9292     Section 122.  Paragraph (v) of subsection (2) of section
9293288.9605, Florida Statutes, is amended to read:
9294     288.9605  Corporation powers.-
9295     (2)  The corporation is authorized and empowered to:
9296     (v)  Enter into investment agreements with Enterprise
9297Florida, Inc., the Florida Black Business Investment Board
9298concerning the issuance of bonds and other forms of indebtedness
9299and capital for the purposes of ss. 288.707-288.714.
9300     Section 123.  Subsection (1) of section 288.9606, Florida
9301Statutes, is amended to read:
9302     288.9606  Issue of revenue bonds.-
9303     (1)  When authorized by a public agency pursuant to s.
9304163.01(7), the corporation has power in its corporate capacity,
9305in its discretion, to issue revenue bonds or other evidences of
9306indebtedness which a public agency has the power to issue, from
9307time to time to finance the undertaking of any purpose of this
9308act and ss. 288.707-288.714, including, without limiting the
9309generality thereof, the payment of principal and interest upon
9310any advances for surveys and plans or preliminary loans, and has
9311the power to issue refunding bonds for the payment or retirement
9312of bonds previously issued. Bonds issued pursuant to this
9313section shall bear the name "Florida Development Finance
9314Corporation Revenue Bonds." The security for such bonds may be
9315based upon such revenues as are legally available. In
9316anticipation of the sale of such revenue bonds, the corporation
9317may issue bond anticipation notes and may renew such notes from
9318time to time, but the maximum maturity of any such note,
9319including renewals thereof, may not exceed 5 years from the date
9320of issuance of the original note. Such notes shall be paid from
9321any revenues of the corporation available therefor and not
9322otherwise pledged or from the proceeds of sale of the revenue
9323bonds in anticipation of which they were issued. Any bond, note,
9324or other form of indebtedness issued pursuant to this act shall
9325mature no later than the end of the 30th fiscal year after the
9326fiscal year in which the bond, note, or other form of
9327indebtedness was issued.
9328     Section 124.  Subsection (1) of section 288.9624, Florida
9329Statutes, are amended to read:
9330     288.9624  Florida Opportunity Fund; creation; duties.-
9331     (1)(a)  Enterprise Florida, Inc., shall facilitate the
9332creation of the Florida Opportunity Fund, a private, not-for-
9333profit corporation organized and operated under chapter 617.
9334Enterprise Florida, Inc., shall be the fund's sole shareholder
9335or member. The fund is not a public corporation or
9336instrumentality of the state. The fund shall manage its business
9337affairs and conduct business consistent with its organizational
9338documents and the purposes set forth in this section.
9339Notwithstanding the powers granted under chapter 617, the
9340corporation may not amend, modify, or repeal a bylaw or article
9341of incorporation without the express written consent of
9342Enterprise Florida, Inc.
9343     (b)  The vice chair of Enterprise Florida, Inc., shall
9344select from among its sitting board of directors a five-person
9345appointment committee. The appointment committee shall select
9346five initial members of a board of directors for the fund.
9347     (b)(c)  The persons elected to the initial board of
9348directors by the appointment committee shall include persons who
9349have expertise in the area of the selection and supervision of
9350early stage investment managers or in the fiduciary management
9351of investment funds and other areas of expertise as considered
9352appropriate by the appointment committee.
9353     (c)(d)  After election of the initial board of directors,
9354vacancies on the board shall be filled by vote of the board of
9355directors of Enterprise Florida, Inc., and board members shall
9356serve terms as provided in the fund's organizational documents.
9357Within 90 days before an anticipated vacancy by expiration of
9358the term of a board member, the board of directors of the fund
9359shall submit a list of three eligible nominees, which may
9360include the incumbent, to the board of directors of Enterprise
9361Florida, Inc. The board of directors of Enterprise Florida,
9362Inc., may appoint a board member from the nominee list or
9363request a new list of three nominees not included on the
9364previous list from which to appoint.
9365     (d)(e)  Members of the board are subject to any
9366restrictions on conflicts of interest specified in the
9367organizational documents and may not have an interest in any
9368venture capital investment selected by the fund under ss.
9369288.9621-288.9624.
9370     (e)(f)  Members of the board shall serve without
9371compensation, but members, the president of the board, and other
9372board employees may be reimbursed for all reasonable, necessary,
9373and actual expenses as determined and approved by the board
9374pursuant to s. 112.061.
9375     (f)(g)  The fund shall have all powers granted under its
9376organizational documents and shall indemnify members to the
9377broadest extent permissible under the laws of this state.
9378     Section 125.  Subsections (3), (8), and (9) of section
9379288.975, Florida Statutes, are amended to read:
9380     288.975  Military base reuse plans.-
9381     (3)  No later than 6 months after the designation of a
9382military base for closure by the Federal Government, each host
9383local government shall notify the Department of Economic
9384Opportunity secretary of the Department of Community Affairs and
9385the director of the Office of Tourism, Trade, and Economic
9386Development in writing, by hand delivery or return receipt
9387requested, as to whether it intends to use the optional
9388provisions provided in this act. If a host local government does
9389not opt to use the provisions of this act, land use planning and
9390regulation pertaining to base reuse activities within those host
9391local governments shall be subject to all applicable statutory
9392requirements, including those contained within chapters 163 and
9393380.
9394     (8)  At the request of a host local government, the
9395department Office of Tourism, Trade, and Economic Development
9396shall coordinate a presubmission workshop concerning a military
9397base reuse plan within the boundaries of the host jurisdiction.
9398Agencies that shall participate in the workshop shall include
9399any affected local governments; the Department of Environmental
9400Protection; the Department of Economic Opportunity Office of
9401Tourism, Trade, and Economic Development; the Department of
9402Community Affairs; the Department of Transportation; the
9403Department of Health; the Department of Children and Family
9404Services; the Department of Juvenile Justice; the Department of
9405Agriculture and Consumer Services; the Department of State; the
9406Fish and Wildlife Conservation Commission; and any applicable
9407water management districts and regional planning councils. The
9408purposes of the workshop shall be to assist the host local
9409government to understand issues of concern to the above listed
9410entities pertaining to the military base site and to identify
9411opportunities for better coordination of planning and review
9412efforts with the information and analyses generated by the
9413federal environmental impact statement process and the federal
9414community base reuse planning process.
9415     (9)  If a host local government elects to use the optional
9416provisions of this act, it shall, no later than 12 months after
9417notifying the agencies of its intent pursuant to subsection (3)
9418either:
9419     (a)  Send a copy of the proposed military base reuse plan
9420for review to any affected local governments; the Department of
9421Environmental Protection; the Department of Economic Opportunity
9422Office of Tourism, Trade, and Economic Development; the
9423Department of Community Affairs; the Department of
9424Transportation; the Department of Health; the Department of
9425Children and Family Services; the Department of Juvenile
9426Justice; the Department of Agriculture and Consumer Services;
9427the Department of State; the Fish and Wildlife Conservation
9428Commission; and any applicable water management districts and
9429regional planning councils, or
9430     (b)  Petition the Department of Economic Opportunity
9431secretary of the Department of Community Affairs for an
9432extension of the deadline for submitting a proposed reuse plan.
9433Such an extension request must be justified by changes or delays
9434in the closure process by the United States federal Department
9435of Defense or for reasons otherwise deemed to promote the
9436orderly and beneficial planning of the subject military base
9437reuse. The Department of Economic Opportunity secretary of the
9438Department of Community Affairs may grant extensions to the
9439required submission date of the reuse plan.
9440     Section 126.  Paragraph (b) of subsection (1), paragraphs
9441(a) and (c) of subsection (2) and subsections (3), (4), (5),
9442(6), (7), and (9) of section 288.980, Florida Statutes, are
9443amended to read:
9444     288.980  Military base retention; legislative intent;
9445grants program.-
9446     (1)
9447     (b)  The Florida Defense Alliance, an organization within  
9448Enterprise Florida, is designated as the organization to ensure
9449that Florida, its resident military bases and missions, and its
9450military host communities are in competitive positions as the
9451United States continues its defense realignment and downsizing.
9452The defense alliance shall serve as an overall advisory body for
9453Enterprise Florida defense-related activity. The Florida Defense
9454Alliance may receive funding from appropriations made for that
9455purpose administered by the department Office of Tourism, Trade,
9456and Economic Development.
9457     (2)(a)  The Governor, through the department, may Office of
9458Tourism, Trade, and Economic Development is authorized to award
9459grants from any funds available to it to support activities
9460related to the retention of military installations potentially
9461affected by federal base closure or realignment.
9462     (c)  Except for grants issued pursuant to the Florida
9463Military Installation Reuse Planning and Marketing Grant Program
9464as described in paragraph (3)(c), the amount of any grant
9465provided to an applicant may not exceed $250,000. The department
9466Office of Tourism, Trade, and Economic Development shall require
9467that an applicant:
9468     1.  Represent a local government with a military
9469installation or military installations that could be adversely
9470affected by federal base realignment or closure.
9471     2.  Agree to match at least 30 percent of any grant
9472awarded.
9473     3.  Prepare a coordinated program or plan of action
9474delineating how the eligible project will be administered and
9475accomplished.
9476     4.  Provide documentation describing the potential for
9477realignment or closure of a military installation located in the
9478applicant's community and the adverse impacts such realignment
9479or closure will have on the applicant's community.
9480     (3)  The Florida Economic Reinvestment Initiative is
9481established to respond to the need for this state and defense-
9482dependent communities in this state to develop alternative
9483economic diversification strategies to lessen reliance on
9484national defense dollars in the wake of base closures and
9485reduced federal defense expenditures and the need to formulate
9486specific base reuse plans and identify any specific
9487infrastructure needed to facilitate reuse. The initiative shall
9488consist of the following three distinct grant programs to be
9489administered by the department Office of Tourism, Trade, and
9490Economic Development:
9491     (a)  The Florida Defense Planning Grant Program, through
9492which funds shall be used to analyze the extent to which the
9493state is dependent on defense dollars and defense infrastructure
9494and prepare alternative economic development strategies. The
9495state shall work in conjunction with defense-dependent
9496communities in developing strategies and approaches that will
9497help communities make the transition from a defense economy to a
9498nondefense economy. Grant awards may not exceed $250,000 per
9499applicant and shall be available on a competitive basis.
9500     (b)  The Florida Defense Implementation Grant Program,
9501through which funds shall be made available to defense-dependent
9502communities to implement the diversification strategies
9503developed pursuant to paragraph (a). Eligible applicants include
9504defense-dependent counties and cities, and local economic
9505development councils located within such communities. Grant
9506awards may not exceed $100,000 per applicant and shall be
9507available on a competitive basis. Awards shall be matched on a
9508one-to-one basis.
9509
9510Applications for grants under this subsection must include a
9511coordinated program of work or plan of action delineating how
9512the eligible project will be administered and accomplished,
9513which must include a plan for ensuring close cooperation between
9514civilian and military authorities in the conduct of the funded
9515activities and a plan for public involvement.
9516     (4)  The Defense Infrastructure Grant Program is created.
9517The Governor, through the department, director of the Office of
9518Tourism, Trade, and Economic Development shall coordinate and
9519implement this program, the purpose of which is to support local
9520infrastructure projects deemed to have a positive impact on the
9521military value of installations within the state. Funds awarded
9522by the Governor are to be used for projects that benefit both
9523the local community and the military installation. It is not the
9524intent, however, to fund on-base military construction projects.
9525Infrastructure projects to be funded under this program include,
9526but are not limited to, those related to encroachment,
9527transportation and access, utilities, communications, housing,
9528environment, and security. Grant requests will be accepted only
9529from economic development applicants serving in the official
9530capacity of a governing board of a county, municipality, special
9531district, or state agency that will have the authority to
9532maintain the project upon completion. An applicant must
9533represent a community or county in which a military installation
9534is located. There is no limit as to the amount of any grant
9535awarded to an applicant. A match by the county or local
9536community may be required. The department Office of Tourism,
9537Trade, and Economic Development shall establish guidelines to
9538implement the purpose of this subsection.
9539     (5)(a)  The Defense-Related Business Adjustment Program is
9540hereby created. The Governor, through the department, Director
9541of the Office of Tourism, Trade, and Economic Development shall
9542coordinate the development of the Defense-Related Business
9543Adjustment Program. Funds shall be available to assist defense-
9544related companies in the creation of increased commercial
9545technology development through investments in technology. Such
9546technology must have a direct impact on critical state needs for
9547the purpose of generating investment-grade technologies and
9548encouraging the partnership of the private sector and government
9549defense-related business adjustment. The following areas shall
9550receive precedence in consideration for funding commercial
9551technology development: law enforcement or corrections,
9552environmental protection, transportation, education, and health
9553care. Travel and costs incidental thereto, and staff salaries,
9554are not considered an "activity" for which grant funds may be
9555awarded.
9556     (b)  The department Office shall require that an applicant:
9557     1.  Be a defense-related business that could be adversely
9558affected by federal base realignment or closure or reduced
9559defense expenditures.
9560     2.  Agree to match at least 50 percent of any funds awarded
9561by the United States Department of Defense in cash or in-kind
9562services. Such match shall be directly related to activities for
9563which the funds are being sought.
9564     3.  Prepare a coordinated program or plan delineating how
9565the funds will be administered.
9566     4.  Provide documentation describing how defense-related
9567realignment or closure will adversely impact defense-related
9568companies.
9569     (6)  The Retention of Military Installations Program is
9570created, which shall be coordinated and implemented by the
9571department. The Director of the Office of Tourism, Trade, and
9572Economic Development shall coordinate and implement this
9573program. The sum of $1.2 million is appropriated from the
9574General Revenue Fund for fiscal year 1999-2000 to the Office of
9575Tourism, Trade, and Economic Development to implement this
9576program for military installations located in counties with a
9577population greater than 824,000. The funds shall be used to
9578assist military installations potentially affected by federal
9579base closure or realignment in covering current operating costs
9580in an effort to retain the installation in this state. An
9581eligible military installation for this program shall include a
9582provider of simulation solutions for war-fighting
9583experimentation, testing, and training which employs at least
9584500 civilian and military employees and has been operating in
9585the state for a period of more than 10 years.
9586     (7)  The Governor, through the department, director may
9587award nonfederal matching funds specifically appropriated for
9588construction, maintenance, and analysis of a Florida defense
9589workforce database. Such funds will be used to create a registry
9590of worker skills that can be used to match the worker needs of
9591companies that are relocating to this state or to assist workers
9592in relocating to other areas within this state where similar or
9593related employment is available.
9594     (9)  The department Office of Tourism, Trade, and Economic
9595Development shall establish guidelines to implement and carry
9596out the purpose and intent of this section.
9597     Section 127.  Paragraphs (a), (e), and (f) of subsection
9598(2) of section 288.984, Florida Statutes, are amended to read:
9599     288.984  Florida Council on Military Base and Mission
9600Support.-The Florida Council on Military Base and Mission
9601Support is established. The council shall provide oversight and
9602direction for initiatives, claims, and actions taken on behalf
9603of the state, its agencies, and political subdivisions under
9604this part.
9605     (2)  MEMBERSHIP.-
9606     (a)  The council shall be composed of nine members. The
9607President of the Senate, the Speaker of the House of
9608Representatives, and the Governor shall each appoint three
9609members as follows:
9610     1.  The President of the Senate shall appoint one member of
9611the Senate, one community representative from a community-based
9612defense support organization, and one member who is a retired
9613military general or flag-rank officer residing in this state or
9614an executive officer of a defense contracting firm doing
9615significant business in this state.
9616     2.  The Speaker of the House of Representatives shall
9617appoint one member of the House of Representatives, one
9618community representative from a community-based defense support
9619organization, and one member who is a retired military general
9620or flag-rank officer residing in this state or an executive
9621officer of a defense contracting firm doing significant business
9622in this state.
9623     3.  The Governor shall appoint the Commissioner of Economic
9624Opportunity or the commissioner's designee, a board member of
9625Enterprise Florida, Inc., director or designee of the Office of
9626Tourism, Trade, and Economic Development, the vice chairperson
9627or designee of Enterprise Florida, Inc., and one at-large
9628member.
9629     (e)  The Department of Economic Opportunity Office of
9630Tourism, Trade, and Economic Development shall provide
9631administrative support to the council.
9632     (f)  The Secretary of Community Affairs or his or her
9633designee, the Secretary of Environmental Protection or his or
9634her designee, the Secretary of Transportation or his or her
9635designee, the Adjutant General of the state or his or her
9636designee, and the executive director of the Department of
9637Veterans' Affairs or his or her designee shall attend meetings
9638held by the council and provide assistance, information, and
9639support as requested by the council.
9640     Section 128.  Paragraphs (f) and (j) of subsection (3) of
9641section 288.99, Florida Statutes, are amended to read:
9642     288.99  Certified Capital Company Act.-
9643     (3)  DEFINITIONS.-As used in this section, the term:
9644     (f)  "Early stage technology business" means a qualified
9645business that is:
9646     1.  Involved, at the time of the certified capital
9647company's initial investment in such business, in activities
9648related to developing initial product or service offerings, such
9649as prototype development or the establishment of initial
9650production or service processes; or
9651     2.  Less than 2 years old and has, together with its
9652affiliates, less than $3 million in annual revenues for the
9653fiscal year immediately preceding the initial investment by the
9654certified capital company on a consolidated basis, as determined
9655in accordance with generally accepted accounting principles;
9656     3.  The Florida Black Business Investment Board;
9657     4.  Any entity that is majority owned by the Florida Black
9658Business Investment Board; or
9659     5.  Any entity in which the Florida Black Business
9660Investment Board holds a majority voting interest on the board
9661of directors.
9662     (j)  "Qualified business" means the Digital Divide Trust
9663Fund established under the State of Florida Technology Office or
9664a business that meets the following conditions as evidenced by
9665documentation required by commission rule:
9666     1.  The business is headquartered in this state and its
9667principal business operations are located in this state or at
9668least 75 percent of the employees are employed in the state.
9669     2.  At the time a certified capital company makes an
9670initial investment in a business, the business would qualify for
9671investment under 13 C.F.R. s. 121.301(c), which is involved in
9672manufacturing, processing or assembling products, conducting
9673research and development, or providing services.
9674     3.  At the time a certified capital company makes an
9675initial investment in a business, the business certifies in an
9676affidavit that:
9677     a.  The business is unable to obtain conventional
9678financing, which means that the business has failed in an
9679attempt to obtain funding for a loan from a bank or other
9680commercial lender or that the business cannot reasonably be
9681expected to qualify for such financing under the standards of
9682commercial lending;
9683     b.  The business plan for the business projects that the
9684business is reasonably expected to achieve in excess of $25
9685million in sales revenue within 5 years after the initial
9686investment, or the business is located in a designated Front
9687Porch community, enterprise zone, urban high crime area, rural
9688job tax credit county, or nationally recognized historic
9689district;
9690     c.  The business will maintain its headquarters in this
9691state for the next 10 years and any new manufacturing facility
9692financed by a qualified investment will remain in this state for
9693the next 10 years, or the business is located in a designated
9694Front Porch community, enterprise zone, urban high crime area,
9695rural job tax credit county, or nationally recognized historic
9696district; and
9697     d.  The business has fewer than 200 employees and at least
969875 percent of the employees are employed in this state. For
9699purposes of this subsection, the term also includes the Florida
9700Black Business Investment Board, any entity majority owned by
9701the Florida Black Business Investment Board, or any entity in
9702which the Florida Black Business Investment Board holds a
9703majority voting interest on the board of directors.
9704     4.  The term does not include:
9705     a.  Any business predominantly engaged in retail sales,
9706real estate development, insurance, banking, lending, or oil and
9707gas exploration.
9708     b.  Any business predominantly engaged in professional
9709services provided by accountants, lawyers, or physicians.
9710     c.  Any company that has no historical revenues and either
9711has no specific business plan or purpose or has indicated that
9712its business plan is solely to engage in a merger or acquisition
9713with any unidentified company or other entity.
9714     d.  Any company that has a strategic plan to grow through
9715the acquisition of firms with substantially similar business
9716which would result in the planned net loss of Florida-based jobs
9717over a 12-month period after the acquisition as determined by
9718the office.
9719     Section 129.  Present subsections (2) and (5) and paragraph
9720(b) of subsection (9) of section 288.9913, Florida Statutes, are
9721amended, subsections (3) and (4) and present subsections (6)
9722through (10) are renumbered as subsections (2) and (3) and
9723subsections (4) through (8), respectively, to read:
9724     288.9913  Definitions.-As used in ss. 288.991-288.9922, the
9725term:
9726     (2)  "Department" means the Department of Revenue.
9727     (5)  "Office" means the Office of Tourism, Trade, and
9728Economic Development.
9729     (7)(9)  "Qualified investment" means an equity investment
9730in, or a long-term debt security issued by, a qualified
9731community development entity that:
9732     (b)  Is designated by the qualified community development
9733entity as a qualified investment under this paragraph and is
9734approved by the department office as a qualified investment.
9735     Section 130.  Subsections (1), (2), and (3), and paragraphs
9736(a) and (b) of subsection (4), and subsection (6) of section
9737288.9914, Florida Statutes, are amended to read:
9738     288.9914  Certification of qualified investments;
9739investment issuance reporting.-
9740     (1)  ELIGIBLE INDUSTRIES.-
9741     (a)  The department office, in consultation with Enterprise
9742Florida, Inc., shall designate industries using the North
9743American Industry Classification System which are eligible to
9744receive low-income community investments. The designated
9745industries must be those industries that have the greatest
9746potential to create strong positive impacts on or benefits to
9747the state, regional, and local economies.
9748     (b)  A qualified community development entity may not make
9749a qualified low-income community investment in a business unless
9750the principal activities of the business are within an eligible
9751industry. The Governor Office may waive this limitation if the
9752department office determines that the investment will have a
9753positive impact on a community.
9754     (2)  APPLICATION.-A qualified community development entity
9755must submit an application to the Governor, through the
9756department, Office to approve a proposed investment as a
9757qualified investment. The application must include:
9758     (a)  The name, address, and tax identification number of
9759the qualified community development entity.
9760     (b)  Proof of certification as a qualified community
9761development entity under 26 U.S.C. s. 45D.
9762     (c)  A copy of an allocation agreement executed by the
9763entity, or its controlling entity, and the Community Development
9764Financial Institutions Fund, which authorizes the entity to
9765serve businesses in this state.
9766     (d)  A verified statement by the chief executive officer of
9767the entity that the allocation agreement remains in effect.
9768     (e)  A description of the proposed amount, structure, and
9769purchaser of an equity investment or long-term debt security.
9770     (f)  The name and tax identification number of any person
9771authorized to claim a tax credit earned as a result of the
9772purchase of the proposed qualified investment.
9773     (g)  A detailed explanation of the proposed use of the
9774proceeds from a proposed qualified investment.
9775     (h)  A nonrefundable application fee of $1,000, payable to
9776the department office.
9777     (i)  A statement that the entity will invest only in the
9778industries designated by the department office.
9779     (j)  The entity's plans for the development of
9780relationships with community-based organizations, local
9781community development offices and organizations, and economic
9782development organizations. The entity must also explain steps it
9783has taken to implement its plans to develop these relationships.
9784     (k)  A statement that the entity will not invest in a
9785qualified active low-income community business unless the
9786business will create or retain jobs that pay an average wage of
9787at least 115 percent of the federal poverty income guidelines
9788for a family of four.
9789     (3)  REVIEW.-
9790     (a)  The department office shall review applications to
9791approve an investment as a qualified investment in the order
9792received. The Governor, through the department, office shall
9793approve or deny an application within 30 days after receipt.
9794     (b)  If the Governor office intends to deny the
9795application, the department office shall inform the applicant of
9796the basis of the proposed denial. The applicant shall have 15
9797days after it receives the notice of the intent to deny the
9798application to submit a revised application to the department
9799office. The Governor, through the department, office shall issue
9800a final order approving or denying the revised application
9801within 30 days after receipt.
9802     (c)  The Governor office may not approve a cumulative
9803amount of qualified investments that may result in the claim of
9804more than $97.5 million in tax credits during the existence of
9805the program or more than $20 million in tax credits in a single
9806state fiscal year. However, the potential for a taxpayer to
9807carry forward an unused tax credit may not be considered in
9808calculating the annual limit.
9809     (4)  APPROVAL.-
9810     (a)  The Governor, through the department, office shall
9811provide a copy of the final order approving an investment as a
9812qualified investment to the qualified community development
9813entity and to the Department of Revenue. The notice shall
9814include the identity of the taxpayers who are eligible to claim
9815the tax credits and the amount that may be claimed by each
9816taxpayer.
9817     (b)  The Governor, through the Department of Economic
9818Opportunity, office shall approve an application for part of the
9819amount of the proposed investment if the amount of tax credits
9820available is insufficient.
9821     (6)  REPORT OF ISSUANCE OF A QUALIFIED INVESTMENT.-The
9822qualified community development entity must provide the
9823department office with evidence of the receipt of the cash in
9824exchange for the qualified investment within 30 business days
9825after receipt.
9826     Section 131.  Subsection (2) of section 288.9916, Florida
9827Statutes, is amended to read:
9828     288.9916  New markets tax credit.-
9829     (2)  A tax credit earned under this section may not be sold
9830or transferred, except as provided in this subsection.
9831     (a)  A partner, member, or shareholder of a partnership,
9832limited liability company, S-corporation, or other "pass-
9833through" entity may claim the tax credit pursuant to an
9834agreement among the partners, members, or shareholders. Any
9835change in the allocation of a tax credit under the agreement
9836must be reported to the Department of Economic Opportunity
9837office and to the Department of Revenue.
9838     (b)  Eligibility to claim a tax credit transfers to
9839subsequent purchasers of a qualified investment. Such transfers
9840must be reported to the Department of Economic Opportunity
9841office and to the Department of Revenue along with the identity,
9842tax identification number, and tax credit amount allocated to a
9843taxpayer pursuant to paragraph (a). The notice of transfer also
9844must state whether unused tax credits are being transferred and
9845the amount of unused tax credits being transferred.
9846     Section 132.  Section 288.9917, Florida Statutes, is
9847amended to read:
9848     288.9917  Community development entity reporting after a
9849credit allowance date; certification of tax credit amount.-
9850     (1)  A qualified community development entity that has
9851issued a qualified investment shall submit the following to the
9852department office within 30 days after each credit allowance
9853date:
9854     (a)  A list of all qualified active low-income community
9855businesses in which a qualified low-income community investment
9856was made since the last credit allowance date. The list shall
9857also describe the type and amount of investment in each business
9858and the address of the principal location of each business. The
9859list must be verified by the chief executive officer of the
9860community development entity.
9861     (b)  Bank records, wire transfer records, or similar
9862documents that provide evidence of the qualified low-income
9863community investments made since the last credit allowance date.
9864     (c)  A verified statement by the chief financial or
9865accounting officer of the community development entity that no
9866redemption or principal repayment was made with respect to the
9867qualified investment since the previous credit allowance date.
9868     (d)  Information relating to the recapture of the federal
9869new markets tax credit since the last credit allowance date.
9870     (2)  The Governor, through the Department of Economic
9871Opportunity, office shall certify in writing to the qualified
9872community development entity and to the Department of Revenue
9873the amount of the tax credit authorized for each taxpayer
9874eligible to claim the tax credit in the tax year containing the
9875last credit allowance date.
9876     Section 133.  Section 288.9918, Florida Statutes, is
9877amended to read:
9878     288.9918  Annual reporting by a community development
9879entity.-A community development entity that has issued a
9880qualified investment shall submit an annual report to the
9881department office by April 30 after the end of each year which
9882includes a credit allowance date. The report shall include:
9883     (1)  The entity's annual financial statements for the
9884preceding tax year, audited by an independent certified public
9885accountant.
9886     (2)  The identity of the types of industries, identified by
9887the North American Industry Classification System Code, in which
9888qualified low-income community investments were made.
9889     (3)  The names of the counties in which the qualified
9890active low-income businesses are located which received
9891qualified low-income community investments.
9892     (4)  The number of jobs created and retained by qualified
9893active low-income community businesses receiving qualified low-
9894income community investments, including verification that the
9895average wages paid meet or exceed 115 percent of the federal
9896poverty income guidelines for a family of four.
9897     (5)  A description of the relationships that the entity has
9898established with community-based organizations and local
9899community development offices and organizations and a summary of
9900the outcomes resulting from those relationships.
9901     (6)  Other information and documentation required by the
9902department office to verify continued certification as a
9903qualified community development entity under 26 U.S.C. s. 45D.
9904     Section 134.  Section 288.9919, Florida Statutes, is
9905amended to read:
9906     288.9919  Audits and examinations; penalties.-
9907     (1)  AUDITS.-A community development entity that issues an
9908investment approved by the department office as a qualified
9909investment shall be deemed a recipient of state financial
9910assistance under s. 215.97, the Florida Single Audit Act.
9911However, an entity that makes a qualified investment or receives
9912a qualified low-income community investment is not a
9913subrecipient for the purposes of s. 215.97.
9914     (2)  EXAMINATIONS.-The department office may conduct
9915examinations to verify compliance with the New Markets
9916Development Program Act.
9917     Section 135.  Section 288.9920, Florida Statutes, is
9918amended to read:
9919     288.9920  Recapture and penalties.-
9920     (1)  Notwithstanding s. 95.091, the Governor, through the
9921Department of Economic Opportunity, office shall direct the
9922Department of Revenue, at any time before December 31, 2022, to
9923recapture all or a portion of a tax credit authorized pursuant
9924to the New Markets Development Program Act if one or more of the
9925following occur:
9926     (a)  The Federal Government recaptures any portion of the
9927federal new markets tax credit. The recapture by the Department
9928of Revenue shall equal the recapture by the Federal Government.
9929     (b)  The qualified community development entity redeems or
9930makes a principal repayment on a qualified investment before the
9931final allowance date. The recapture by the Department of Revenue
9932shall equal the redemption or principal repayment divided by the
9933purchase price and multiplied by the tax credit authorized to a
9934taxpayer for the qualified investment.
9935     (c)1.  The qualified community development entity fails to
9936invest at least 85 percent of the purchase price in qualified
9937low-income community investments within 12 months after the
9938issuance of a qualified investment; or
9939     2.  The qualified community development entity fails to
9940maintain 85 percent of the purchase price in qualified low-
9941income community investments until the last credit allowance
9942date for a qualified investment.
9943
9944For the purposes of this paragraph, an investment by a qualified
9945community development entity includes principal recovered from
9946an investment for 12 months after its recovery or principal
9947recovered after the sixth credit allowance date. Principal held
9948for longer than 12 months or recovered before the sixth credit
9949allowance date is not an investment unless it is reinvested in a
9950qualified low-income community investment.
9951     (d)  The qualified community development entity fails to
9952provide the Department of Economic Opportunity office with
9953information, reports, or documentation required by the New
9954Markets Development Program Act.
9955     (e)  The Department of Economic Opportunity office
9956determines that a taxpayer received tax credits to which the
9957taxpayer was not entitled.
9958     (2)  The Governor, through the Department of Economic
9959Opportunity, office shall provide notice to the qualified
9960community development entity and the Department of Revenue of a
9961proposed recapture of a tax credit. The entity shall have 6
9962months after following the receipt of the notice to cure a
9963deficiency identified in the notice and avoid recapture. The
9964Governor, through the Department of Economic Opportunity, office
9965shall issue a final order of recapture if the entity fails to
9966cure a deficiency within the 6-month period. The final order of
9967recapture shall be provided to the entity, the Department of
9968Revenue, and a taxpayer otherwise authorized to claim the tax
9969credit. Only one correction is permitted for each qualified
9970equity investment during the 7-year credit period. Recaptured
9971funds shall be deposited into the General Revenue Fund.
9972     (3)  An entity that submits fraudulent information to the
9973Department of Economic Opportunity office is liable for the
9974costs associated with the investigation and prosecution of the
9975fraudulent claim plus a penalty in an amount equal to double the
9976tax credits claimed by investors in the entity's qualified
9977investments. This penalty is in addition to any other penalty
9978that may be imposed by law.
9979     Section 136.  Section 288.9921, Florida Statutes, is
9980amended to read:
9981     288.9921  Rulemaking.-The Department of Economic
9982Opportunity Office and the Department of Revenue may adopt rules
9983pursuant to ss. 120.536(1) and 120.54 to administer ss. 288.991-
9984288.9920.
9985     Section 137.  Section 290.004, Florida Statutes, is amended
9986to read:
9987     290.004  Definitions relating to Florida Enterprise Zone
9988Act.-As used in ss. 290.001-290.016:
9989     (1)  "Community investment corporation" means a black
9990business investment corporation, a certified development
9991corporation, a small business investment corporation, or other
9992similar entity incorporated under Florida law that has limited
9993its investment policy to making investments solely in minority
9994business enterprises.
9995     (2)  "Department" means the Department of Economic
9996Opportunity.
9997     (2)  "Director" means the director of the Office of
9998Tourism, Trade, and Economic Development.
9999     (3)(3)  "Governing body" means the council or other
10000legislative body charged with governing the county or
10001municipality.
10002     (4)(4)  "Minority business enterprise" has the same meaning
10003as provided in s. 288.703.
10004     (5)  "Office" means the Office of Tourism, Trade, and
10005Economic Development.
10006     (5)(6)  "Rural enterprise zone" means an enterprise zone
10007that is nominated by a county having a population of 75,000 or
10008fewer, or a county having a population of 100,000 or fewer which
10009is contiguous to a county having a population of 75,000 or
10010fewer, or by a municipality in such a county, or by such a
10011county and one or more municipalities. An enterprise zone
10012designated in accordance with s. 290.0065(5)(b) or s. 379.2353
10013is considered to be a rural enterprise zone.
10014     (6)(7)  "Small business" has the same meaning as provided
10015in s. 288.703.
10016     Section 138.  Subsection (1) and paragraphs (a) and (b) of
10017subsection (6) of section 290.0055, Florida Statutes, are
10018amended to read:
10019     290.0055  Local nominating procedure.-
10020     (1)  If, pursuant to s. 290.0065, an opportunity exists for
10021designation of a new enterprise zone, any county or
10022municipality, or a county and one or more municipalities
10023together, may apply to the department office for the designation
10024of an area as an enterprise zone after completion of the
10025following:
10026     (a)  The adoption by the governing body or bodies of a
10027resolution which:
10028     1.  Finds that an area exists in such county or
10029municipality, or in both the county and one or more
10030municipalities, which chronically exhibits extreme and
10031unacceptable levels of poverty, unemployment, physical
10032deterioration, and economic disinvestment;
10033     2.  Determines that the rehabilitation, conservation, or
10034redevelopment, or a combination thereof, of such area is
10035necessary in the interest of the public health, safety, and
10036welfare of the residents of such county or municipality, or such
10037county and one or more municipalities; and
10038     3.  Determines that the revitalization of such area can
10039occur only if the private sector can be induced to invest its
10040own resources in productive enterprises that build or rebuild
10041the economic viability of the area.
10042     (b)  The creation of an enterprise zone development agency
10043pursuant to s. 290.0056.
10044     (c)  The creation and adoption of a strategic plan pursuant
10045to s. 290.0057.
10046     (6)(a)  The department office may approve a change in the
10047boundary of any enterprise zone which was designated pursuant to
10048s. 290.0065. A boundary change must continue to satisfy the
10049requirements of subsections (3), (4), and (5).
10050     (b)  Upon a recommendation by the enterprise zone
10051development agency, the governing body of the jurisdiction which
10052authorized the application for an enterprise zone may apply to
10053the department Office for a change in boundary once every 3
10054years by adopting a resolution that:
10055     1.  States with particularity the reasons for the change;
10056and
10057     2.  Describes specifically and, to the extent required by
10058the department office, the boundary change to be made.
10059     Section 139.  Paragraph (h) of subsection (8) and
10060subsections (11) and (12) of section 290.0056, Florida Statutes,
10061are amended to read:
10062     290.0056  Enterprise zone development agency.-
10063     (8)  The enterprise zone development agency shall have the
10064following powers and responsibilities:
10065     (h)  To work with the department and Enterprise Florida,
10066Inc., and the office to ensure that the enterprise zone
10067coordinator receives training on an annual basis.
10068     (11)  Before Prior to December 1 of each year, the agency
10069shall submit to the department Office of Tourism, Trade, and
10070Economic Development a complete and detailed written report
10071setting forth:
10072     (a)  Its operations and accomplishments during the fiscal
10073year.
10074     (b)  The accomplishments and progress concerning the
10075implementation of the strategic plan or measurable goals, and
10076any updates to the strategic plan or measurable goals.
10077     (c)  The number and type of businesses assisted by the
10078agency during the fiscal year.
10079     (d)  The number of jobs created within the enterprise zone
10080during the fiscal year.
10081     (e)  The usage and revenue impact of state and local
10082incentives granted during the calendar year.
10083     (f)  Any other information required by the department
10084office.
10085     (12)  If In the event that the nominated area selected by
10086the governing body is not designated a state enterprise zone,
10087the governing body may dissolve the agency after receiving
10088notification from the department office that the area was not
10089designated as an enterprise zone.
10090     Section 140.  Subsections (1) and (5) of section 290.0058,
10091Florida Statutes, are amended to read:
10092     290.0058  Determination of pervasive poverty, unemployment,
10093and general distress.-
10094     (1)  In determining whether an area suffers from pervasive
10095poverty, unemployment, and general distress, for purposes of ss.
10096290.0055 and 290.0065, the governing body and the department
10097office shall use data from the most current decennial census,
10098and from information published by the Bureau of the Census and
10099the Bureau of Labor Statistics. The data shall be comparable in
10100point or period of time and methodology employed.
10101     (5)  In making the calculations required by this section,
10102the local government and the department office shall round all
10103fractional percentages of one-half percent or more up to the
10104next highest whole percentage figure.
10105     Section 141.  Section 290.0065, Florida Statutes, is
10106amended to read:
10107     290.0065  State designation of enterprise zones.-
10108     (1)  The maximum number of enterprise zones authorized
10109under this section is the number of enterprise zones having an
10110effective date on or before January 1, 2005, subject to any
10111increase due to any new enterprise zones authorized by the
10112Legislature during the 2005 Regular Session of the Legislature.
10113     (2)  If, pursuant to subsection (4), the department office
10114does not redesignate an enterprise zone, a governing body of a
10115county or municipality or the governing bodies of a county and
10116one or more municipalities jointly, pursuant to s. 290.0055, may
10117apply for designation of an enterprise zone to take the place of
10118the enterprise zone not redesignated and request designation of
10119an enterprise zone. The department Office, in consultation with
10120Enterprise Florida, Inc., shall determine which areas nominated
10121by such governing bodies meet the criteria outlined in s.
10122290.0055 and are the most appropriate for designation as state
10123enterprise zones. Each application made pursuant to s. 290.0055
10124shall be ranked competitively based on the pervasive poverty,
10125unemployment, and general distress of the area; the strategic
10126plan, including local fiscal and regulatory incentives, prepared
10127pursuant to s. 290.0057; and the prospects for new investment
10128and economic development in the area. Pervasive poverty,
10129unemployment, and general distress shall be weighted 35 percent;
10130strategic plan and local fiscal and regulatory incentives shall
10131be weighted 40 percent; and prospects for new investment and
10132economic development in the area shall be weighted 25 percent.
10133     (3)  Any area authorized to be an enterprise zone by both a
10134county and a municipality shall be placed in the appropriate
10135category established under s. 290.0055(4)(b) in which an
10136application by the municipality would have been considered if
10137the municipality had acted alone, if at least 60 percent of the
10138population of the area authorized to be an enterprise zone
10139resides within the municipality. An area authorized to be an
10140enterprise zone by a county and one or more municipalities shall
10141be placed in the category in which an application by the
10142municipality with the highest percentage of residents in such
10143area would have been considered if such municipality had
10144authorized the area to be an enterprise zone.
10145     (4)(a)  Notwithstanding s. 290.0055, the department office
10146may redesignate any state enterprise zone having an effective
10147date on or before January 1, 2005, as a state enterprise zone
10148upon completion and submittal to the department office by the
10149governing body for an enterprise zone of the following:
10150     1.  An updated zone profile for the enterprise zone based
10151on the most recent census data that complies with s. 290.0055,
10152except that pervasive poverty criteria may be set aside for
10153rural enterprise zones.
10154     2.  A resolution passed by the governing body for that
10155enterprise zone requesting redesignation and explaining the
10156reasons the conditions of the zone merit redesignation.
10157     3.  Measurable goals for the enterprise zone developed by
10158the enterprise zone development agency, which may be the goals
10159established in the enterprise zone's strategic plan.
10160
10161The governing body may also submit a request for a boundary
10162change in an enterprise zone in the same application to the
10163department office as long as the new area complies with the
10164requirements of s. 290.0055, except that pervasive poverty
10165criteria may be set aside for rural enterprise zones.
10166     (b)  The department, in consultation with Enterprise
10167Florida, Inc., the office shall, based on the enterprise zone
10168profile and the grounds for redesignation expressed in the
10169resolution, determine whether the enterprise zone merits
10170redesignation. The department office may also examine and
10171consider the following:
10172     1.  Progress made, if any, in the enterprise zone's
10173strategic plan.
10174     2.  Use of enterprise zone incentives during the life of
10175the enterprise zone.
10176
10177If the department office determines that the enterprise zone
10178merits redesignation, the department office shall notify the
10179governing body in writing of its approval of redesignation.
10180     (c)  If the enterprise zone is redesignated, the department
10181office shall determine if the measurable goals submitted are
10182reasonable. If the department office determines that the goals
10183are reasonable, it the office shall notify the governing body in
10184writing that the goals have been approved.
10185     (d)  If the department office denies redesignation of an
10186enterprise zone, the department Office shall notify the
10187governing body in writing of the denial. Any county or
10188municipality having jurisdiction over an area denied
10189redesignation as a state enterprise zone pursuant to this
10190subsection may not apply for designation of that area for 1 year
10191following the date of denial.
10192     (5)  Notwithstanding s. 290.0055, an area designated as a
10193federal empowerment zone or enterprise community pursuant to
10194Title XIII of the Omnibus Budget Reconciliation Act of 1993, the
10195Taxpayer Relief Act of 1997, or the 1999 Agricultural
10196Appropriations Act shall be designated a state enterprise zone
10197as follows:
10198     (a)  An area designated as an urban empowerment zone or
10199urban enterprise community pursuant to Title XIII of the Omnibus
10200Budget Reconciliation Act of 1993, the Taxpayer Relief Act of
102011997, or the 2000 Community Renewal Tax Relief Act shall be
10202redesignated a state enterprise zone by the department office
10203upon completion of the requirements set out in paragraph (d),
10204except in the case of a county as defined in s. 125.011(1)
10205which, notwithstanding s. 290.0055, may incorporate and include
10206such designated urban empowerment zone or urban enterprise
10207community areas within the boundaries of its state enterprise
10208zones without any limitation as to size.
10209     (b)  An area designated as a rural empowerment zone or
10210rural enterprise community pursuant to Title XIII of the Omnibus
10211Budget Reconciliation Act of 1993 or the 1999 Agricultural
10212Appropriations Act shall be redesignated a state rural
10213enterprise zone by the department office upon completion of the
10214requirements set out in paragraph (d) and may incorporate and
10215include such designated rural empowerment zone or rural
10216enterprise community within the boundaries of its state
10217enterprise zones without any limitation as to size.
10218     (c)  Any county or municipality having jurisdiction over an
10219area redesignated as a state enterprise zone pursuant to this
10220subsection, other than a county defined in s. 125.011(1), may
10221not apply for designation of another area.
10222     (d)  Before Prior to redesignating such areas as state
10223enterprise zones, the department office shall ensure that the
10224governing body having jurisdiction over the zone submits the
10225information required under paragraph (4)(a) for redesignation to
10226the department office.
10227     (6)(a)  The department office, in consultation with
10228Enterprise Florida, Inc., may develop guidelines necessary for
10229the department's approval of areas under this section by the
10230director.
10231     (b)  Such guidelines shall provide for the measurement of
10232pervasive poverty, unemployment, and general distress using the
10233criteria outlined by s. 290.0058.
10234     (c)  Such guidelines shall provide for the evaluation of
10235the strategic plan or measurable goals and local fiscal and
10236regulatory incentives for effectiveness, including how the
10237following key principles will be implemented by the governing
10238body or bodies:
10239     1.  Economic opportunity, including job creation within the
10240community and throughout the region, as well as entrepreneurial
10241initiatives, small business expansion, and training for jobs
10242that offer upward mobility.
10243     2.  Sustainable community development that advances the
10244creation of livable and vibrant communities through
10245comprehensive approaches that coordinate economic, physical,
10246community, and human development.
10247     3.  Community-based partnerships involving the
10248participation of all segments of the community.
10249     4.  Strategic vision for change that identifies how the
10250community will be revitalized. This vision should include
10251methods for building on community assets and coordinate a
10252response to community needs in a comprehensive fashion. This
10253vision should provide goals and performance benchmarks for
10254measuring progress and establish a framework for evaluating and
10255adjusting the strategic plan or measurable goals.
10256     5.  Local fiscal and regulatory incentives enacted pursuant
10257to s. 290.0057(1)(e). These incentives should induce economic
10258revitalization, including job creation and small business
10259expansion.
10260     (d)  Such guidelines may provide methods for evaluating the
10261prospects for new investment and economic development in the
10262area, including a review and evaluation of any previous state
10263enterprise zones located in the area.
10264     (7)  Upon approval by the department director of a
10265resolution authorizing an area to be an enterprise zone pursuant
10266to this section, the department office shall assign a unique
10267identifying number to that resolution. The department office
10268shall provide the Department of Revenue and Enterprise Florida,
10269Inc., with a copy of each resolution approved, together with its
10270identifying number.
10271     Section 142.  Subsection (1) of section 290.0066, Florida
10272Statutes, is amended to read:
10273     290.0066  Revocation of enterprise zone designation.-
10274     (1)  The department director may revoke the designation of
10275an enterprise zone if the department director determines that
10276the governing body or bodies:
10277     (a)  Have failed to make progress in achieving the
10278benchmarks set forth in the strategic plan or measurable goals;
10279or
10280     (b)  Have not complied substantially with the strategic
10281plan or measurable goals.
10282     Section 143.  Section 290.00710, Florida Statutes, is
10283amended to read:
10284     290.00710  Enterprise zone designation for the City of
10285Lakeland.-The City of Lakeland may apply to the department
10286Office of Tourism, Trade, and Economic Development for
10287designation of one enterprise zone for an area within the City
10288of Lakeland, which zone shall encompass an area up to 10 square
10289miles. The application must be submitted by December 31, 2005,
10290and must comply with the requirements of s. 290.0055.
10291Notwithstanding s. 290.0065, limiting the total number of
10292enterprise zones designated and the number of enterprise zones
10293within a population category, the department Office of Tourism,
10294Trade, and Economic Development may designate one enterprise
10295zone under this section. The department Office of Tourism,
10296Trade, and Economic Development shall establish the initial
10297effective date of the enterprise zone designated pursuant to
10298this section.
10299     Section 144.  Section 290.0072, Florida Statutes, is
10300amended to read:
10301     290.0072  Enterprise zone designation for the City of
10302Winter Haven.-The City of Winter Haven may apply to the
10303department Office of Tourism, Trade, and Economic Development
10304for designation of one enterprise zone for an area within the
10305City of Winter Haven, which zone shall encompass an area up to 5
10306square miles. Notwithstanding s. 290.0065 limiting the total
10307number of enterprise zones designated and the number of
10308enterprise zones within a population category, the department
10309Office of Tourism, Trade, and Economic Development may designate
10310one enterprise zone under this section. The department Office of
10311Tourism, Trade, and Economic Development shall establish the
10312initial effective date of the enterprise zone designated
10313pursuant to this section.
10314     Section 145.  Section 290.00725, Florida Statutes, is
10315amended to read:
10316     290.00725  Enterprise zone designation for the City of
10317Ocala.-The City of Ocala may apply to the department Office of
10318Tourism, Trade, and Economic Development for designation of one
10319enterprise zone for an area within the western portion of the
10320city, which zone shall encompass an area up to 5 square miles.
10321The application must be submitted by December 31, 2009, and must
10322comply with the requirements of s. 290.0055. Notwithstanding s.
10323290.0065 limiting the total number of enterprise zones
10324designated and the number of enterprise zones within a
10325population category, the department Office of Tourism, Trade,
10326and Economic Development may designate one enterprise zone under
10327this section. The department Office of Tourism, Trade, and
10328Economic Development shall establish the initial effective date
10329of the enterprise zone designated under this section.
10330     Section 146.  Section 290.0073, Florida Statutes, is
10331amended to read:
10332     290.0073  Enterprise zone designation for Indian River
10333County, the City of Vero Beach, and the City of Sebastian.-
10334Indian River County, the City of Vero Beach, and the City of
10335Sebastian may jointly apply to the department Office of Tourism,
10336Trade, and Economic Development for designation of one
10337enterprise zone encompassing an area not to exceed 10 square
10338miles. The application must be submitted by December 31, 2005,
10339and must comply with the requirements of s. 290.0055.
10340Notwithstanding the provisions of s. 290.0065 limiting the total
10341number of enterprise zones designated and the number of
10342enterprise zones within a population category, the department
10343Office of Tourism, Trade, and Economic Development may designate
10344one enterprise zone under this section. The department Office of
10345Tourism, Trade, and Economic Development shall establish the
10346initial effective date of the enterprise zone designated
10347pursuant to this section.
10348     Section 147.  Section 290.0074, Florida Statutes, is
10349amended to read:
10350     290.0074  Enterprise zone designation for Sumter County.-
10351Sumter County may apply to the department Office of Tourism,
10352Trade, and Economic Development for designation of one
10353enterprise zone encompassing an area not to exceed 10 square
10354miles. The application must be submitted by December 31, 2005.
10355Notwithstanding the provisions of s. 290.0065 limiting the total
10356number of enterprise zones designated and the number of
10357enterprise zones within a population category, the department
10358Office of Tourism, Trade, and Economic Development may designate
10359one enterprise zone under this section. The department Office of
10360Tourism, Trade and Economic Development shall establish the
10361initial effective date of the enterprise zone designated
10362pursuant to this section.
10363     Section 148.  Section 290.0077, Florida Statutes, is
10364amended to read:
10365     290.0077  Enterprise zone designation for Orange County and
10366the municipality of Apopka.-Orange County and the municipality
10367of Apopka may jointly apply to the department Office of Tourism,
10368Trade, and Economic Development for designation of one
10369enterprise zone. The application must be submitted by December
1037031, 2005, and must comply with the requirements of s. 290.0055.
10371Notwithstanding the provisions of s. 290.0065 limiting the total
10372number of enterprise zones designated and the number of
10373enterprise zones within a population category, the department
10374Office of Tourism, Trade, and Economic Development may designate
10375one enterprise zone under this section. The department Office of
10376Tourism, Trade, and Economic Development shall establish the
10377initial effective date of the enterprise zone designated
10378pursuant to this section.
10379     Section 149.  Section 290.014, Florida Statutes, is amended
10380to read:
10381     290.014  Annual reports on enterprise zones.-
10382     (1)  By February 1 of each year, the Department of Revenue
10383shall submit an annual report to the Department of Economic
10384Opportunity Office of Tourism, Trade, and Economic Development
10385detailing the usage and revenue impact by county of the state
10386incentives listed in s. 290.007.
10387     (2)  By March 1 of each year, the Department of Economic
10388Opportunity office shall submit an annual report to the
10389Governor, the Speaker of the House of Representatives, and the
10390President of the Senate. The report shall include the
10391information provided by the Department of Revenue pursuant to
10392subsection (1) and the information provided by enterprise zone
10393development agencies pursuant to s. 290.0056. In addition, the
10394report shall include an analysis of the activities and
10395accomplishments of each enterprise zone.
10396     Section 150.  Subsections (3) and (4) of section 290.053,
10397Florida Statutes, are amended to read:
10398     290.053  Response to economic emergencies in small
10399communities.-
10400     (3)  A local government entity shall notify the Governor,
10401the Department of Economic Opportunity Office of Tourism, Trade,
10402and Economic Development, and Enterprise Florida, Inc., when one
10403or more of the conditions specified in subsection (2) have
10404occurred or will occur if action is not taken to assist the
10405local governmental entity or the affected community.
10406     (4)  Upon notification that one or more of the conditions
10407described in subsection (2) exist, the Governor or his or her
10408designee shall contact the local governmental entity to
10409determine what actions have been taken by the local governmental
10410entity or the affected community to resolve the economic
10411emergency. The Governor may has the authority to waive the
10412eligibility criteria of any program or activity administered by
10413the Department of Economic Opportunity Office of Tourism, Trade,
10414and Economic Development, or Enterprise Florida, Inc., to
10415provide economic relief to the affected community by granting
10416participation in such programs or activities. The Governor shall
10417consult with the President of the Senate and the Speaker of the
10418House of Representatives and shall take other action, as
10419necessary, to resolve the economic emergency in the most
10420expedient manner possible. All actions taken pursuant to this
10421section shall be within current appropriations and shall have no
10422annualized impact beyond normal growth.
10423     Section 151.  Section 290.06561, Florida Statutes, is
10424amended to read:
10425     290.06561  Designation of rural enterprise zone as catalyst
10426site.-Notwithstanding s. 290.0065(1), the Department of Economic
10427Opportunity Office of Tourism, Trade, and Economic Development,
10428upon request of the host county, shall designate as a rural
10429enterprise zone any catalyst site as defined in s.
10430288.0656(2)(b) that was approved before prior to January 1,
104312010, and that is not located in an existing rural enterprise
10432zone. The request from the host county must include the legal
10433description of the catalyst site and the name and contact
10434information for the county development authority responsible for
10435managing the catalyst site. The designation shall provide
10436businesses locating within the catalyst site the same
10437eligibility for economic incentives and other benefits of a
10438rural enterprise zone designated under s. 290.0065. The
10439reporting criteria for a catalyst site designated as a rural
10440enterprise zone under this section are the same as for other
10441rural enterprise zones. Host county development authorities may
10442enter into memoranda of agreement, as necessary, to coordinate
10443their efforts to implement this section.
10444     Section 152.  Paragraph (d) of subsection (3) of section
10445310.0015, Florida Statutes, is amended to read:
10446     310.0015  Piloting regulation; general provisions.-
10447     (3)  The rate-setting process, the issuance of licenses
10448only in numbers deemed necessary or prudent by the board, and
10449other aspects of the economic regulation of piloting established
10450in this chapter are intended to protect the public from the
10451adverse effects of unrestricted competition which would result
10452from an unlimited number of licensed pilots being allowed to
10453market their services on the basis of lower prices rather than
10454safety concerns. This system of regulation benefits and protects
10455the public interest by maximizing safety, avoiding uneconomic
10456duplication of capital expenses and facilities, and enhancing
10457state regulatory oversight. The system seeks to provide pilots
10458with reasonable revenues, taking into consideration the normal
10459uncertainties of vessel traffic and port usage, sufficient to
10460maintain reliable, stable piloting operations. Pilots have
10461certain restrictions and obligations under this system,
10462including, but not limited to, the following:
10463     (d)1.  The pilot or pilots in a port shall train and
10464compensate all member deputy pilots in that port. Failure to
10465train or compensate such deputy pilots shall constitute a ground
10466for disciplinary action under s. 310.101. Nothing in this
10467subsection shall be deemed to create an agency or employment
10468relationship between a pilot or deputy pilot and the pilot or
10469pilots in a port.
10470     2.  The pilot or pilots in a port shall establish a
10471competency-based mentor program by which minority persons, as
10472defined in s. 288.703(3), may acquire the skills for the
10473professional preparation and education competency requirements
10474of a licensed state pilot or certificated deputy pilot. The
10475department shall provide the Governor, the President of the
10476Senate, and the Speaker of the House of Representatives with a
10477report each year on the number of minority persons, as defined
10478in s. 288.703(3), who have participated in each mentor program,
10479who are licensed state pilots or certificated deputy pilots, and
10480who have applied for state pilot licensure or deputy pilot
10481certification.
10482     Section 153.  Subsections (1), (3), (5), (8), (9), (10),
10483and (11) of section 311.09, Florida Statutes, are amended to
10484read:
10485     311.09  Florida Seaport Transportation and Economic
10486Development Council.-
10487     (1)  The Florida Seaport Transportation and Economic
10488Development Council is created within the Department of
10489Transportation. The council consists of the following 17
10490members: the port director, or the port director's designee, of
10491each of the ports of Jacksonville, Port Canaveral, Fort Pierce,
10492Palm Beach, Port Everglades, Miami, Port Manatee, St.
10493Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
10494West, and Fernandina; the secretary of the Department of
10495Transportation or his or her designee; the Commissioner of
10496Economic Opportunity or the commissioner's director of the
10497Office of Tourism, Trade, and Economic Development or his or her
10498designee; and the secretary of the Department of Community
10499Affairs or his or her designee.
10500     (3)  The council shall prepare a 5-year Florida Seaport
10501Mission Plan defining the goals and objectives of the council
10502concerning the development of port facilities and an intermodal
10503transportation system consistent with the goals of the Florida
10504Transportation Plan developed pursuant to s. 339.155. The
10505Florida Seaport Mission Plan shall include specific
10506recommendations for the construction of transportation
10507facilities connecting any port to another transportation mode
10508and for the efficient, cost-effective development of
10509transportation facilities or port facilities for the purpose of
10510enhancing international trade, promoting cargo flow, increasing
10511cruise passenger movements, increasing port revenues, and
10512providing economic benefits to the state. The council shall
10513update the 5-year Florida Seaport Mission Plan annually and
10514shall submit the plan no later than February 1 of each year to
10515the President of the Senate,; the Speaker of the House of
10516Representatives,; the Department of Economic Opportunity, and
10517Office of Tourism, Trade, and Economic Development; the
10518Department of Transportation; and the Department of Community
10519Affairs. The council shall develop programs, based on an
10520examination of existing programs in Florida and other states,
10521for the training of minorities and secondary school students in
10522job skills associated with employment opportunities in the
10523maritime industry, and report on progress and recommendations
10524for further action to the President of the Senate and the
10525Speaker of the House of Representatives annually.
10526     (5)  The council shall review and approve or disapprove
10527each project eligible to be funded pursuant to the Florida
10528Seaport Transportation and Economic Development Program. The
10529council shall annually submit to the Secretary of Transportation
10530and; the Commissioner of Economic Opportunity or the
10531commissioner's designee, director of the Office of Tourism,
10532Trade, and Economic Development; and the Secretary of Community
10533Affairs a list of projects which have been approved by the
10534council. The list shall specify the recommended funding level
10535for each project; and, if staged implementation of the project
10536is appropriate, the funding requirements for each stage shall be
10537specified.
10538     (8)  The Department of Economic Opportunity Office of
10539Tourism, Trade, and Economic Development, in consultation with
10540Enterprise Florida, Inc., shall review the list of projects
10541approved by the council to evaluate the economic benefit of the
10542project and to determine whether the project is consistent with
10543the Florida Seaport Mission Plan. The Department of Economic
10544Opportunity Office of Tourism, Trade, and Economic Development
10545shall review the economic benefits of each project based upon
10546the rules adopted pursuant to subsection (4). The Department of
10547Economic Opportunity Office of Tourism, Trade, and Economic
10548Development shall identify those projects which it has
10549determined do not offer an economic benefit to the state or are
10550not consistent with the Florida Seaport Mission Plan and shall
10551notify the council of its findings.
10552     (9)  The council shall review the findings of the
10553Department of Economic Opportunity Community Affairs; the Office
10554of Tourism, Trade, and Economic Development; and the Department
10555of Transportation. Projects found to be inconsistent pursuant to
10556subsections (6), (7), and (8) and projects which have been
10557determined not to offer an economic benefit to the state
10558pursuant to subsection (8) may shall not be included in the list
10559of projects to be funded.
10560     (10)  The Department of Transportation shall include in its
10561annual legislative budget request a Florida Seaport
10562Transportation and Economic Development grant program for
10563expenditure of funds of not less than $8 million per year. Such
10564budget shall include funding for projects approved by the
10565council which have been determined by each agency to be
10566consistent and which have been determined by the Department of
10567Economic Opportunity Office of Tourism, Trade, and Economic
10568Development to be economically beneficial. The department shall
10569include the specific approved seaport projects to be funded
10570under this section during the ensuing fiscal year in the
10571tentative work program developed pursuant to s. 339.135(4). The
10572total amount of funding to be allocated to seaport projects
10573under s. 311.07 during the successive 4 fiscal years shall also
10574be included in the tentative work program developed pursuant to
10575s. 339.135(4). The council may submit to the department a list
10576of approved projects that could be made production-ready within
10577the next 2 years. The list shall be submitted by the department
10578as part of the needs and project list prepared pursuant to s.
10579339.135(2)(b). However, the department shall, upon written
10580request of the Florida Seaport Transportation and Economic
10581Development Council, submit work program amendments pursuant to
10582s. 339.135(7) to the Governor within 10 days after the later of
10583the date the request is received by the department or the
10584effective date of the amendment, termination, or closure of the
10585applicable funding agreement between the department and the
10586affected seaport, as required to release the funds from the
10587existing commitment. Notwithstanding s. 339.135(7)(c), any work
10588program amendment to transfer prior year funds from one approved
10589seaport project to another seaport project is subject to the
10590procedures in s. 339.135(7)(d). Notwithstanding any provision of
10591law to the contrary, the department may transfer unexpended
10592budget between the seaport projects as identified in the
10593approved work program amendments.
10594     (11)  The council shall meet at the call of its
10595chairperson, at the request of a majority of its membership, or
10596at such times as may be prescribed in its bylaws. However, the
10597council must meet at least semiannually. A majority of voting
10598members of the council constitutes a quorum for the purpose of
10599transacting the business of the council. All members of the
10600council are voting members. A vote of the majority of the voting
10601members present is sufficient for any action of the council,
10602except that a member representing the Department of
10603Transportation, the Department of Community Affairs, or the
10604Department of Economic Opportunity Office of Tourism, Trade, and
10605Economic Development may vote to overrule any action of the
10606council approving a project pursuant to subsection (5). The
10607bylaws of the council may require a greater vote for a
10608particular action.
10609     Section 154.  Section 311.11, Florida Statutes, is amended
10610to read:
10611     311.11  Seaport Employment Training Grant Program.-
10612     (1)  The Department of Economic Opportunity Office of
10613Tourism, Trade, and Economic Development, in cooperation with
10614the Florida Seaport Transportation and Economic Development
10615Council, shall establish a Seaport Employment Training Grant
10616Program within the department Office. The Governor office shall
10617grant funds appropriated by the Legislature to the program for
10618the purpose of stimulating and supporting seaport training and
10619employment programs which will seek to match state and local
10620training programs with identified job skills associated with
10621employment opportunities in the port, maritime, and
10622transportation industries, and for the purpose of providing such
10623other training, educational, and information services as
10624required to stimulate jobs in the described industries. Funds
10625may be used for the purchase of equipment to be used for
10626training purposes, hiring instructors, and any other purpose
10627associated with the training program. The department's office's
10628contribution to any specific training program may not exceed 50
10629percent of the total cost of the program. Matching contributions
10630may include services in kind, including, but not limited to,
10631training instructors, equipment usage, and training facilities.
10632     (2)  The Department of Economic Opportunity Office shall
10633adopt criteria to implement this section.
10634     Section 155.  Paragraphs (i) and (l) of subsection (1) of
10635section 311.115, Florida Statutes, are amended to read:
10636     311.115  Seaport Security Standards Advisory Council.-The
10637Seaport Security Standards Advisory Council is created under the
10638Office of Drug Control. The council shall serve as an advisory
10639council as provided in s. 20.03(7).
10640     (1)  The members of the council shall be appointed by the
10641Governor and consist of the following:
10642     (i)  One member from the Department of Economic Opportunity
10643Office of Tourism, Trade, and Economic Development.
10644     (l)  The director of the Division of Emergency Management,
10645or his or her designee.
10646     Section 156.  Subsection (2) of section 311.22, Florida
10647Statutes, is amended to read:
10648     311.22  Additional authorization for funding certain
10649dredging projects.-
10650     (2)  The council shall adopt rules for evaluating the
10651projects that may be funded pursuant to this section. The rules
10652must provide criteria for evaluating the economic benefit of the
10653project. The rules must include the creation of an
10654administrative review process by the council which is similar to
10655the process described in s. 311.09(5)-(12), and provide for a
10656review by the Department of Community Affairs, the Department of
10657Transportation, and the Department of Economic Opportunity
10658Office of Tourism, Trade, and Economic Development of all
10659projects submitted for funding under this section.
10660     Section 157.  Section 42 of chapter 2005-71, Laws of
10661Florida, and section 1 of chapter 2005-261, Laws of Florida, are
10662repealed.
10663     Section 158.  Paragraph (a) of subsection (6), paragraph
10664(b) of subsection (9), paragraph (a) of subsection (35),
10665subsection (60), and paragraph (b) of subsection (65) of section
10666320.08058, Florida Statutes, is amended to read:
10667     320.08058  Specialty license plates.-
10668     (6)  FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
10669PLATES.-
10670     (a)  Because the United States Olympic Committee has
10671selected this state to participate in a combined fundraising
10672program that provides for one-half of all money raised through
10673volunteer giving to stay in this state and be administered by
10674Enterprise Florida, Inc., the direct-support organization
10675established under s. 288.1229 to support amateur sports, and
10676because the United States Olympic Committee and Enterprise
10677Florida, Inc., the direct-support organization are nonprofit
10678organizations dedicated to providing athletes with support and
10679training and preparing athletes of all ages and skill levels for
10680sports competition, and because Enterprise Florida, Inc., the
10681direct-support organization assists in the bidding for sports
10682competitions that provide significant impact to the economy of
10683this state, and the Legislature supports the efforts of the
10684United States Olympic Committee and Enterprise Florida, Inc.,
10685the direct-support organization, the Legislature establishes a
10686Florida United States Olympic Committee license plate for the
10687purpose of providing a continuous funding source to support this
10688worthwhile effort. Florida United States Olympic Committee
10689license plates must contain the official United States Olympic
10690Committee logo and must bear a design and colors that are
10691approved by the department. The word "Florida" must be centered
10692at the top of the plate.
10693     (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.-
10694     (b)  The license plate annual use fees are to be annually
10695distributed as follows:
10696     1.  Fifty-five percent of the proceeds from the Florida
10697Professional Sports Team plate must be deposited into the
10698Professional Sports Development Trust Fund within the Department
10699of Economic Opportunity Office of Tourism, Trade, and Economic
10700Development. These funds must be used solely to attract and
10701support major sports events in this state. As used in this
10702subparagraph, the term "major sports events" means, but is not
10703limited to, championship or all-star contests of Major League
10704Baseball, the National Basketball Association, the National
10705Football League, the National Hockey League, the men's and
10706women's National Collegiate Athletic Association Final Four
10707basketball championship, or a horseracing or dogracing Breeders'
10708Cup. All funds must be used to support and promote major
10709sporting events, and the uses must be approved by Enterprise
10710Florida, Inc. the Florida Sports Foundation.
10711     2.  The remaining proceeds of the Florida Professional
10712Sports Team license plate must be allocated to Enterprise
10713Florida, Inc. the Florida Sports Foundation, a direct-support
10714organization of the Office of Tourism, Trade, and Economic
10715Development. These funds must be deposited into the Professional
10716Sports Development Trust Fund within the Department of Economic
10717Opportunity Office of Tourism, Trade, and Economic Development.
10718These funds must be used by Enterprise Florida, Inc., the
10719Florida Sports Foundation to promote the economic development of
10720the sports industry; to distribute licensing and royalty fees to
10721participating professional sports teams; to promote education
10722programs in Florida schools that provide an awareness of the
10723benefits of physical activity and nutrition standards; to
10724partner with the Department of Education and the Department of
10725Health to develop a program that recognizes schools whose
10726students demonstrate excellent physical fitness or fitness
10727improvement; to institute a grant program for communities
10728bidding on minor sporting events that create an economic impact
10729for the state; to distribute funds to Florida-based charities
10730designated by Enterprise Florida, Inc., the Florida Sports
10731Foundation and the participating professional sports teams; and
10732to fulfill the sports promotion responsibilities of the
10733Department of Economic Opportunity Office of Tourism, Trade, and
10734Economic Development.
10735     3.  Enterprise Florida, Inc., The Florida Sports Foundation
10736shall provide an annual financial audit in accordance with s.
10737215.981 of its financial accounts and records by an independent
10738certified public accountant pursuant to the contract established
10739by the Department of Economic Opportunity Office of Tourism,
10740Trade, and Economic Development as specified in s. 288.1229(5).
10741The auditor shall submit the audit report to the Department of
10742Economic Opportunity Office of Tourism, Trade, and Economic
10743Development for review and approval. If the audit report is
10744approved, the Department of Economic Opportunity office shall
10745certify the audit report to the Auditor General for review.
10746     4.  Notwithstanding the provisions of subparagraphs 1. and
107472., proceeds from the Professional Sports Development Trust Fund
10748may also be used for operational expenses of Enterprise Florida,
10749Inc., the Florida Sports Foundation and financial support of the
10750Sunshine State Games.
10751     (35)  FLORIDA GOLF LICENSE PLATES.-
10752     (a)  The Department of Highway Safety and Motor Vehicles
10753shall develop a Florida Golf license plate as provided in this
10754section. The word "Florida" must appear at the bottom of the
10755plate. The Dade Amateur Golf Association, following consultation
10756with the PGA TOUR, Enterprise Florida, Inc. the Florida Sports
10757Foundation, the LPGA, and the PGA of America may submit a
10758revised sample plate for consideration by the department.
10759     (60)  FLORIDA NASCAR LICENSE PLATES.-
10760     (a)  The department shall develop a Florida NASCAR license
10761plate as provided in this section. Florida NASCAR license plates
10762must bear the colors and design approved by the department. The
10763word "Florida" must appear at the top of the plate, and the term
10764"NASCAR" must appear at the bottom of the plate. The National
10765Association for Stock Car Auto Racing, following consultation
10766with Enterprise Florida, Inc. the Florida Sports Foundation, may
10767submit a sample plate for consideration by the department.
10768     (b)  The license plate annual use fees shall be distributed
10769to Enterprise Florida, Inc. the Florida Sports Foundation, a
10770direct-support organization of the Office of Tourism, Trade, and
10771Economic Development. The license plate annual use fees shall be
10772annually allocated as follows:
10773     1.  Up to 5 percent of the proceeds from the annual use
10774fees may be used by Enterprise Florida, Inc., the Florida Sports
10775Foundation for the administration of the NASCAR license plate
10776program.
10777     2.  The National Association for Stock Car Auto Racing
10778shall receive up to $60,000 in proceeds from the annual use fees
10779to be used to pay startup costs, including costs incurred in
10780developing and issuing the plates. Thereafter, 10 percent of the
10781proceeds from the annual use fees shall be provided to the
10782association for the royalty rights for the use of its marks.
10783     3.  The remaining proceeds from the annual use fees shall
10784be distributed to Enterprise Florida, Inc. the Florida Sports
10785Foundation. Enterprise Florida, Inc., shall The Florida Sports
10786Foundation will retain 15 percent to support its regional grant
10787program, attracting sporting events to Florida; 20 percent to
10788support the marketing of motorsports-related tourism in the
10789state; and 50 percent to be paid to the NASCAR Foundation, a s.
10790501(c)(3) charitable organization, to support Florida-based
10791charitable organizations.
10792     (c)  Enterprise Florida, Inc., The Florida Sports
10793Foundation shall provide an annual financial audit in accordance
10794with s. 215.981 of its financial accounts and records by an
10795independent certified public accountant pursuant to the contract
10796established by the Department of Economic Opportunity Office of
10797Tourism, Trade, and Economic Development as specified in s.
10798288.1229(5). The auditor shall submit the audit report to the
10799Department of Economic Opportunity Office of Tourism, Trade, and
10800Economic Development for review and approval. If the audit
10801report is approved, the Department of Economic Opportunity
10802office shall certify the audit report to the Auditor General for
10803review.
10804     (65)  FLORIDA TENNIS LICENSE PLATES.-
10805     (b)  The department shall distribute the annual use fees to
10806Enterprise Florida, Inc. the Florida Sports Foundation, a
10807direct-support organization of the Office of Tourism, Trade, and
10808Economic Development. The license plate annual use fees shall be
10809annually allocated as follows:
10810     1.  Up to 5 percent of the proceeds from the annual use
10811fees may be used by Enterprise Florida, Inc., the Florida Sports
10812Foundation to administer the license plate program.
10813     2.  The United States Tennis Association Florida Section
10814Foundation shall receive the first $60,000 in proceeds from the
10815annual use fees to reimburse it for startup costs,
10816administrative costs, and other costs it incurs in the
10817development and approval process.
10818     3.  Up to 5 percent of the proceeds from the annual use
10819fees may be used for promoting and marketing the license plates.
10820The remaining proceeds shall be available for grants by the
10821United States Tennis Association Florida Section Foundation to
10822nonprofit organizations to operate youth tennis programs and
10823adaptive tennis programs for special populations of all ages,
10824and for building, renovating, and maintaining public tennis
10825courts.
10826     Section 159.  Subsection (3) of section 320.63, Florida
10827Statutes, is amended to read:
10828     320.63  Application for license; contents.-Any person
10829desiring to be licensed pursuant to ss. 320.60-320.70 shall make
10830application therefor to the department upon a form containing
10831such information as the department requires. The department
10832shall require, with such application or otherwise and from time
10833to time, all of the following, which information may be
10834considered by the department in determining the fitness of the
10835applicant or licensee to engage in the business for which the
10836applicant or licensee desires to be licensed:
10837     (3)  From each manufacturer, distributor, or importer which
10838utilizes an identical blanket basic agreement for its dealers or
10839distributors in this state, which agreement comprises all or any
10840part of the applicant's or licensee's agreements with motor
10841vehicle dealers in this state, a copy of the written agreement
10842and all supplements thereto, together with a list of the
10843applicant's or licensee's authorized dealers or distributors and
10844their addresses. The applicant or licensee shall further notify
10845the department immediately of the appointment of any additional
10846dealer or distributor. The applicant or licensee shall annually
10847report to the department on its efforts to add new minority
10848dealer points, including difficulties encountered under ss.
10849320.61-320.70. For purposes of this section "minority" shall
10850have the same meaning as that given it in the definition of
10851"minority person" in s. 288.703(3). Not later than 60 days
10852before prior to the date a revision or modification to a
10853franchise agreement is offered uniformly to a licensee's motor
10854vehicle dealers in this state, the licensee shall notify the
10855department of such revision, modification, or addition to the
10856franchise agreement on file with the department. In no event may
10857a franchise agreement, or any addendum or supplement thereto, be
10858offered to a motor vehicle dealer in this state until the
10859applicant or licensee files an affidavit with the department
10860acknowledging that the terms or provisions of the agreement, or
10861any related document, are not inconsistent with, prohibited by,
10862or contrary to the provisions contained in ss. 320.60-320.70.
10863Any franchise agreement offered to a motor vehicle dealer in
10864this state shall provide that all terms and conditions in such
10865agreement inconsistent with the law and rules of this state are
10866of no force and effect.
10867     Section 160.  Subsection (5) of section 331.3051, Florida
10868Statutes, is amended to read:
10869     331.3051  Duties of Space Florida.-Space Florida shall:
10870     (5)  Consult with Enterprise Florida, Inc., the Florida
10871Commission on Tourism in developing a space tourism marketing
10872plan. Space Florida and Enterprise Florida, Inc., the Florida
10873Commission on Tourism may enter into a mutually beneficial
10874agreement that provides funding to Enterprise Florida, Inc., the
10875commission for its services to implement this subsection.
10876     Section 161.  Effective December 31, 2011, section
10877331.3081, Florida Statutes, is amended to read:
10878     (Substantial rewording of section. See
10879     s. 331.3081, F.S., for present text.)
10880     331.3081  Board of Directors; advisory board.-
10881     (1)  Space Florida shall be governed by the 11-member board
10882of directors of Enterprise Florida, Inc., created under s.
10883288.901(3), which does not include the board's at-large or
10884nonvoting members.
10885     (2)  Space Florida shall have a 15-member advisory council,
10886appointed by the Governor from a list of nominations submitted
10887by the board of directors. The advisory council shall be
10888composed of Florida residents with expertise in the space
10889industry, and each of the following areas of expertise or
10890experience must be represented by at least one advisory council
10891member: human space-flight programs, commercial launches into
10892space; organized labor with experience working in the aerospace
10893industry, aerospace-related industries, a commercial company
10894working under Federal Government contracts to conduct space-
10895related business, an aerospace company whose primary client is
10896the United States Department of Defense, and an alternative
10897energy enterprise with potential for aerospace applications. The
10898advisory council shall elect a member to serve as chair of the
10899council. The advisory council shall make recommendations to the
10900board of directors of Enterprise Florida, Inc., on the operation
10901of Space Florida, including matters pertaining to ways to
10902improve or enhance Florida's efforts to expand its existing
10903space and aerospace industry, to improve management and use of
10904Florida's state-owned real property assets related to space and
10905aerospace, how best to retain and, if necessary, retrain
10906Florida's highly skilled space and aerospace workforce, and how
10907to strengthen bonds between this state, the National Aeronautics
10908and Space Administration, and the United States Department of
10909Defense, and private space and aerospace industries.
10910     (3)  The term for an advisory council member is 2 years. A
10911member may not serve more than two consecutive terms. The
10912Governor may remove any member for cause and shall fill all
10913vacancies that occur.
10914     (4)  Advisory council members shall serve without
10915compensation, but may be reimbursed for all reasonable,
10916necessary, and actual expenses, as determined by the board of
10917directors of Enterprise Florida, Inc.
10918     Section 162.  Paragraph (c) of subsection (2) of section
10919331.310, Florida Statutes, is amended to read:
10920     331.310  Powers and duties of the board of directors.-
10921     (2)  The board of directors shall:
10922     (c)  Appoint a person to act as the executive director
10923president of Space Florida, having such official title,
10924functions, duties, powers, and salary as the board may
10925prescribe.
10926     Section 163.  Subsection (1) of section 375.021, Florida
10927Statutes, is amended to read:
10928     375.021  Comprehensive multipurpose outdoor recreation
10929plan.-
10930     (1)  The department is given the responsibility, authority,
10931and power to develop and execute a comprehensive multipurpose
10932outdoor recreation plan for this state with the cooperation of
10933the Department of Agriculture and Consumer Services, the
10934Department of Transportation, the Fish and Wildlife Conservation
10935Commission, the Department of Economic Opportunity Florida
10936Commission on Tourism, and the water management districts.
10937     Section 164.  Section 376.60, Florida Statutes, is amended
10938to read:
10939     376.60  Asbestos removal program inspection and
10940notification fee.-The Department of Environmental Protection
10941shall charge an inspection and notification fee, not to exceed
10942$300 for a small business as defined in s. 288.703(1), or $1,000
10943for any other project, for any asbestos removal project. The
10944department may establish a fee schedule by rule. Schools,
10945colleges, universities, residential dwellings, and those persons
10946otherwise exempted from licensure under s. 469.002(4) are exempt
10947from the fees. Any fee collected must be deposited in the
10948asbestos program account in the Air Pollution Control Trust Fund
10949to be used by the department to administer its asbestos removal
10950program.
10951     (1)  In those counties with approved local air pollution
10952control programs, the department shall return 80 percent of the
10953asbestos removal program inspection and notification fees
10954collected in that county to the local government quarterly, if
10955the county requests it.
10956     (2)  The fees returned to a county under subsection (1)
10957must be used only for asbestos-related program activities.
10958     (3)  A county may not levy any additional fees for asbestos
10959removal activity while it receives fees under subsection (1).
10960     (4)  If a county has requested reimbursement under
10961subsection (1), the department shall reimburse the approved
10962local air pollution control program with 80 percent of the fees
10963collected in the county retroactive to July 1, 1994, for
10964asbestos-related program activities.
10965     (5)  If an approved local air pollution control program
10966that is providing asbestos notification and inspection services
10967according to 40 C.F.R. part 61, subpart M, and is collecting
10968fees sufficient to support the requirements of 40 C.F.R. part
1096961, subpart M, opts not to receive the state-generated asbestos
10970notification fees, the state may discontinue collection of the
10971state asbestos notification fees in that county.
10972     Section 165.  Subsection (2) of section 376.86, Florida
10973Statutes, is amended to read:
10974     376.86  Brownfield Areas Loan Guarantee Program.-
10975     (2)  The council shall consist of the secretary of the
10976Department of Environmental Protection or the secretary's
10977designee, the secretary of the Department of Community Affairs
10978or the secretary's designee, the State Surgeon General or the
10979State Surgeon General's designee, the executive director of the
10980State Board of Administration or the executive director's
10981designee, the executive director of the Florida Housing Finance
10982Corporation or the executive director's designee, and the
10983Commissioner of Economic Opportunity or the commissioner's
10984Director of the Governor's Office of Tourism, Trade, and
10985Economic Development or the director's designee. The
10986Commissioner of Economic Opportunity or the commissioner's
10987designee shall serve as chair chairperson of the council shall
10988be the Director of the Governor's Office of Tourism, Trade, and
10989Economic Development. Staff services for activities of the
10990council shall be provided as needed by the member agencies.
10991     Section 166.  Paragraph (h) of subsection (5) of section
10992377.711, Florida Statutes, is amended to read:
10993     377.711  Florida party to Southern States Energy Compact.-
10994The Southern States Energy Compact is enacted into law and
10995entered into by the state as a party, and is of full force and
10996effect between the state and any other states joining therein in
10997accordance with the terms of the compact, which compact is
10998substantially as follows:
10999     (5)  POWERS.-The board shall have the power to:
11000     (h)  Recommend such changes in, or amendments or additions
11001to, the laws, codes, rules, regulations, administrative
11002procedures and practices, or ordinances of the party states in
11003any of the fields of its interest and competence as in its
11004judgment may be appropriate. Any such recommendation shall be
11005made through the Department of Environmental Protection with due
11006consideration of the desirability of uniformity and appropriate
11007weight to any special circumstances that may justify variations
11008to meet local conditions. Any such recommendation shall be made,
11009in the case of Florida, through the Department of Commerce.
11010     Section 167.  Subsection (3) of section 377.712, Florida
11011Statutes, is amended to read:
11012     377.712  Florida participation.-
11013     (3)  Departments The department, agencies, and officers of
11014this state, and its subdivisions are authorized to cooperate
11015with the board in the furtherance of any of its activities
11016pursuant to the compact, provided such proposed activities have
11017been made known to, and have the approval of, either the
11018Governor or the Department of Health.
11019     Section 168.  Paragraph (d) of subsection (2) and
11020subsection (24) of section 380.06, Florida Statutes, are amended
11021to read:
11022     380.06  Developments of regional impact.-
11023     (2)  STATEWIDE GUIDELINES AND STANDARDS.-
11024     (d)  The guidelines and standards shall be applied as
11025follows:
11026     1.  Fixed thresholds.-
11027     a.  A development that is below 100 percent of all
11028numerical thresholds in the guidelines and standards is shall
11029not be required to undergo development-of-regional-impact
11030review.
11031     b.  A development that is at or above 120 percent of any
11032numerical threshold shall be required to undergo development-of-
11033regional-impact review.
11034     c.  Projects certified under s. 403.973 which create at
11035least 100 jobs and meet the criteria of the Department of
11036Economic Opportunity Office of Tourism, Trade, and Economic
11037Development as to their impact on an area's economy, employment,
11038and prevailing wage and skill levels that are at or below 100
11039percent of the numerical thresholds for industrial plants,
11040industrial parks, distribution, warehousing or wholesaling
11041facilities, office development or multiuse projects other than
11042residential, as described in s. 380.0651(3)(c), (d), and (h),
11043are not required to undergo development-of-regional-impact
11044review.
11045     2.  Rebuttable presumption.-It shall be presumed that a
11046development that is at 100 percent or between 100 and 120
11047percent of a numerical threshold shall be required to undergo
11048development-of-regional-impact review.
11049     (24)  STATUTORY EXEMPTIONS.-
11050     (a)  Any proposed hospital is exempt from the provisions of
11051this section.
11052     (b)  Any proposed electrical transmission line or
11053electrical power plant is exempt from the provisions of this
11054section.
11055     (c)  Any proposed addition to an existing sports facility
11056complex is exempt from the provisions of this section if the
11057addition meets the following characteristics:
11058     1.  It would not operate concurrently with the scheduled
11059hours of operation of the existing facility.
11060     2.  Its seating capacity would be no more than 75 percent
11061of the capacity of the existing facility.
11062     3.  The sports facility complex property is owned by a
11063public body before prior to July 1, 1983.
11064
11065This exemption does not apply to any pari-mutuel facility.
11066     (d)  Any proposed addition or cumulative additions
11067subsequent to July 1, 1988, to an existing sports facility
11068complex owned by a state university is exempt if the increased
11069seating capacity of the complex is no more than 30 percent of
11070the capacity of the existing facility.
11071     (e)  Any addition of permanent seats or parking spaces for
11072an existing sports facility located on property owned by a
11073public body before prior to July 1, 1973, is exempt from the
11074provisions of this section if future additions do not expand
11075existing permanent seating or parking capacity more than 15
11076percent annually in excess of the prior year's capacity.
11077     (f)  Any increase in the seating capacity of an existing
11078sports facility having a permanent seating capacity of at least
1107950,000 spectators is exempt from the provisions of this section,
11080provided that such an increase does not increase permanent
11081seating capacity by more than 5 percent per year and not to
11082exceed a total of 10 percent in any 5-year period, and provided
11083that the sports facility notifies the appropriate local
11084government within which the facility is located of the increase
11085at least 6 months before prior to the initial use of the
11086increased seating, in order to permit the appropriate local
11087government to develop a traffic management plan for the traffic
11088generated by the increase. Any traffic management plan shall be
11089consistent with the local comprehensive plan, the regional
11090policy plan, and the state comprehensive plan.
11091     (g)  Any expansion in the permanent seating capacity or
11092additional improved parking facilities of an existing sports
11093facility is exempt from the provisions of this section, if the
11094following conditions exist:
11095     1.a.  The sports facility had a permanent seating capacity
11096on January 1, 1991, of at least 41,000 spectator seats;
11097     b.  The sum of such expansions in permanent seating
11098capacity does not exceed a total of 10 percent in any 5-year
11099period and does not exceed a cumulative total of 20 percent for
11100any such expansions; or
11101     c.  The increase in additional improved parking facilities
11102is a one-time addition and does not exceed 3,500 parking spaces
11103serving the sports facility; and
11104     2.  The local government having jurisdiction of the sports
11105facility includes in the development order or development permit
11106approving such expansion under this paragraph a finding of fact
11107that the proposed expansion is consistent with the
11108transportation, water, sewer and stormwater drainage provisions
11109of the approved local comprehensive plan and local land
11110development regulations relating to those provisions.
11111
11112Any owner or developer who intends to rely on this statutory
11113exemption shall provide to the department a copy of the local
11114government application for a development permit. Within 45 days
11115after of receipt of the application, the department shall render
11116to the local government an advisory and nonbinding opinion, in
11117writing, stating whether, in the department's opinion, the
11118prescribed conditions exist for an exemption under this
11119paragraph. The local government shall render the development
11120order approving each such expansion to the department. The
11121owner, developer, or department may appeal the local government
11122development order pursuant to s. 380.07, within 45 days after
11123the order is rendered. The scope of review shall be limited to
11124the determination of whether the conditions prescribed in this
11125paragraph exist. If any sports facility expansion undergoes
11126development-of-regional-impact review, all previous expansions
11127which were exempt under this paragraph shall be included in the
11128development-of-regional-impact review.
11129     (h)  Expansion to port harbors, spoil disposal sites,
11130navigation channels, turning basins, harbor berths, and other
11131related inwater harbor facilities of ports listed in s.
11132403.021(9)(b), port transportation facilities and projects
11133listed in s. 311.07(3)(b), and intermodal transportation
11134facilities identified pursuant to s. 311.09(3) are exempt from
11135the provisions of this section when such expansions, projects,
11136or facilities are consistent with comprehensive master plans
11137that are in compliance with the provisions of s. 163.3178.
11138     (i)  Any proposed facility for the storage of any petroleum
11139product or any expansion of an existing facility is exempt from
11140the provisions of this section.
11141     (j)  Any renovation or redevelopment within the same land
11142parcel which does not change land use or increase density or
11143intensity of use.
11144     (k)  Waterport and marina development, including dry
11145storage facilities, are exempt from the provisions of this
11146section.
11147     (l)  Any proposed development within an urban service
11148boundary established under s. 163.3177(14), which is not
11149otherwise exempt pursuant to subsection (29), is exempt from the
11150provisions of this section if the local government having
11151jurisdiction over the area where the development is proposed has
11152adopted the urban service boundary, has entered into a binding
11153agreement with jurisdictions that would be impacted and with the
11154Department of Transportation regarding the mitigation of impacts
11155on state and regional transportation facilities, and has adopted
11156a proportionate share methodology pursuant to s. 163.3180(16).
11157     (m)  Any proposed development within a rural land
11158stewardship area created under s. 163.3177(11)(d) is exempt from
11159the provisions of this section if the local government that has
11160adopted the rural land stewardship area has entered into a
11161binding agreement with jurisdictions that would be impacted and
11162the Department of Transportation regarding the mitigation of
11163impacts on state and regional transportation facilities, and has
11164adopted a proportionate share methodology pursuant to s.
11165163.3180(16).
11166     (n)  The establishment, relocation, or expansion of any
11167military installation as defined in s. 163.3175, is exempt from
11168this section.
11169     (o)  Any self-storage warehousing that does not allow
11170retail or other services is exempt from this section.
11171     (p)  Any proposed nursing home or assisted living facility
11172is exempt from this section.
11173     (q)  Any development identified in an airport master plan
11174and adopted into the comprehensive plan pursuant to s.
11175163.3177(6)(k) is exempt from this section.
11176     (r)  Any development identified in a campus master plan and
11177adopted pursuant to s. 1013.30 is exempt from this section.
11178     (s)  Any development in a specific area plan which is
11179prepared pursuant to s. 163.3245 and adopted into the
11180comprehensive plan is exempt from this section.
11181     (t)  Any development within a county with a research and
11182education authority created by special act and that is also
11183within a research and development park that is operated or
11184managed by a research and development authority pursuant to part
11185V of chapter 159 is exempt from this section.
11186
11187If a use is exempt from review as a development of regional
11188impact under paragraphs (a)-(s), but will be part of a larger
11189project that is subject to review as a development of regional
11190impact, the impact of the exempt use must be included in the
11191review of the larger project, unless such exempt use involves a
11192development of regional impact that includes a landowner,
11193tenant, or user that has entered into a funding agreement with
11194the Department of Economic Opportunity Office of Tourism, Trade,
11195and Economic Development under the Innovation Incentive Program
11196and the agreement contemplates a state award of at least $50
11197million.
11198     Section 169.  Paragraph (e) of subsection (1) of section
11199381.0054, Florida Statutes, is amended to read:
11200     381.0054  Healthy lifestyles promotion.-
11201     (1)  The Department of Health shall promote healthy
11202lifestyles to reduce the prevalence of excess weight gain and
11203obesity in Florida by implementing appropriate physical activity
11204and nutrition programs that are directed towards all Floridians
11205by:
11206     (e)  Partnering with the Department of Education, school
11207districts, and Enterprise Florida, Inc., the Florida Sports
11208Foundation to develop a program that recognizes schools whose
11209students demonstrate excellent physical fitness or fitness
11210improvement.
11211     Section 170.  Paragraphs (c), (d), and (e) of subsection
11212(2), paragraphs (b) and (c) of subsection (3), and subsections
11213(4), (15), (17), and (18) of section 403.973, Florida Statutes,
11214are amended to read:
11215     403.973  Expedited permitting; amendments to comprehensive
11216plans.-
11217     (2)  As used in this section, the term:
11218     (c)  "Office" means the Office of Tourism, Trade, and
11219Economic Development.
11220     (c)(d)  "Permit applications" means state permits and
11221licenses, and at the option of a participating local government,
11222local development permits or orders.
11223     (d)(e)  "Secretary" means the Secretary of Environmental
11224Protection or his or her designee.
11225     (3)
11226     (b)  On a case-by-case basis and at the request of a county
11227or municipal government, the Department of Economic Opportunity
11228office may certify as eligible for expedited review a project
11229not meeting the minimum job creation thresholds but creating a
11230minimum of 10 jobs. The recommendation from the governing body
11231of the county or municipality in which the project may be
11232located is required in order for the Department of Economic
11233Opportunity office to certify that any project is eligible for
11234expedited review under this paragraph. When considering projects
11235that do not meet the minimum job creation thresholds but that
11236are recommended by the governing body in which the project may
11237be located, the Department of Economic Opportunity office shall
11238consider economic impact factors that include, but are not
11239limited to:
11240     1.  The proposed wage and skill levels relative to those
11241existing in the area in which the project may be located;
11242     2.  The project's potential to diversify and strengthen the
11243area's economy;
11244     3.  The amount of capital investment; and
11245     4.  The number of jobs that will be made available for
11246persons served by the welfare transition program.
11247     (c)  At the request of a county or municipal government,
11248the Department of Economic Opportunity office or a Quick
11249Permitting County may certify projects located in counties where
11250the ratio of new jobs per participant in the welfare transition
11251program, as determined by Workforce Florida, Inc., is less than
11252one or otherwise critical, as eligible for the expedited
11253permitting process. Such projects must meet the numerical job
11254creation criteria of this subsection, but the jobs created by
11255the project do not have to be high-wage jobs that diversify the
11256state's economy.
11257     (4)  The regional teams shall be established through the
11258execution of memoranda of agreement developed by the applicant
11259and the secretary, with input solicited from the Department of
11260Economic Opportunity office and the respective heads of the
11261Department of Community Affairs, the Department of
11262Transportation and its district offices, the Department of
11263Agriculture and Consumer Services, the Fish and Wildlife
11264Conservation Commission, appropriate regional planning councils,
11265appropriate water management districts, and voluntarily
11266participating municipalities and counties. The memoranda of
11267agreement should also accommodate participation in this
11268expedited process by other local governments and federal
11269agencies as circumstances warrant.
11270     (15)  The Department of Economic Opportunity office,
11271working with the agencies providing cooperative assistance and
11272input regarding the memoranda of agreement, shall review sites
11273proposed for the location of facilities eligible for the
11274Innovation Incentive Program under s. 288.1089. Within 20 days
11275after the request for the review by the Department of Economic
11276Opportunity office, the agencies shall provide to the Department
11277of Economic Opportunity office a statement as to each site's
11278necessary permits under local, state, and federal law and an
11279identification of significant permitting issues, which if
11280unresolved, may result in the denial of an agency permit or
11281approval or any significant delay caused by the permitting
11282process.
11283     (17)  The Department of Economic Opportunity office shall
11284be responsible for certifying a business as eligible for
11285undergoing expedited review under this section. Enterprise
11286Florida, Inc., a county or municipal government, or the Rural
11287Economic Development Initiative may recommend to the Department
11288of Economic Opportunity Office of Tourism, Trade, and Economic
11289Development that a project meeting the minimum job creation
11290threshold undergo expedited review.
11291     (18)  The Department of Economic Opportunity office,
11292working with the Rural Economic Development Initiative and the
11293agencies participating in the memoranda of agreement, shall
11294provide technical assistance in preparing permit applications
11295and local comprehensive plan amendments for counties having a
11296population of fewer than 75,000 residents, or counties having
11297fewer than 125,000 residents which are contiguous to counties
11298having fewer than 75,000 residents. Additional assistance may
11299include, but not be limited to, guidance in land development
11300regulations and permitting processes, working cooperatively with
11301state, regional, and local entities to identify areas within
11302these counties which may be suitable or adaptable for
11303preclearance review of specified types of land uses and other
11304activities requiring permits.
11305     Section 171.  Paragraph (b) of subsection (2) of section
11306440.45, Florida Statutes, is amended to read:
11307     440.45  Office of the Judges of Compensation Claims.-
11308     (2)
11309     (b)  Except as provided in paragraph (c), the Governor
11310shall appoint a judge of compensation claims from a list of
11311three persons nominated by a statewide nominating commission.
11312The statewide nominating commission shall be composed of the
11313following:
11314     1.  Five members, at least one of whom must be a member of
11315a minority group as defined in s. 288.703(3), one of each who
11316resides in each of the territorial jurisdictions of the district
11317courts of appeal, appointed by the Board of Governors of The
11318Florida Bar from among The Florida Bar members who are engaged
11319in the practice of law. On July 1, 1999, the term of office of
11320each person appointed by the Board of Governors of The Florida
11321Bar to the commission expires. The Board of Governors shall
11322appoint members who reside in the odd-numbered district court of
11323appeal jurisdictions to 4-year terms each, beginning July 1,
113241999, and members who reside in the even-numbered district court
11325of appeal jurisdictions to 2-year terms each, beginning July 1,
113261999. Thereafter, each member shall be appointed for a 4-year
11327term;
11328     2.  Five electors, at least one of whom must be a member of
11329a minority group as defined in s. 288.703(3), one of each who
11330resides in each of the territorial jurisdictions of the district
11331courts of appeal, appointed by the Governor. On July 1, 1999,
11332the term of office of each person appointed by the Governor to
11333the commission expires. The Governor shall appoint members who
11334reside in the odd-numbered district court of appeal
11335jurisdictions to 2-year terms each, beginning July 1, 1999, and
11336members who reside in the even-numbered district court of appeal
11337jurisdictions to 4-year terms each, beginning July 1, 1999.
11338Thereafter, each member shall be appointed for a 4-year term;
11339and
11340     3.  Five electors, at least one of whom must be a member of
11341a minority group as defined in s. 288.703(3), one of each who
11342resides in the territorial jurisdictions of the district courts
11343of appeal, selected and appointed by a majority vote of the
11344other 10 members of the commission. On October 1, 1999, the term
11345of office of each person appointed to the commission by its
11346other members expires. A majority of the other members of the
11347commission shall appoint members who reside in the odd-numbered
11348district court of appeal jurisdictions to 2-year terms each,
11349beginning October 1, 1999, and members who reside in the even-
11350numbered district court of appeal jurisdictions to 4-year terms
11351each, beginning October 1, 1999. Thereafter, each member shall
11352be appointed for a 4-year term.
11353
11354A vacancy occurring on the commission shall be filled by the
11355original appointing authority for the unexpired balance of the
11356term. No attorney who appears before any judge of compensation
11357claims more than four times a year is eligible to serve on the
11358statewide nominating commission. The meetings and determinations
11359of the nominating commission as to the judges of compensation
11360claims shall be open to the public.
11361     Section 172.  Subsection (1), paragraph (a) of subsection
11362(3), and subsection (6) of section 473.3065, Florida Statutes,
11363are amended to read:
11364     473.3065  Certified Public Accountant Education Minority
11365Assistance Program; advisory council.-
11366     (1)  The Certified Public Accountant Education Minority
11367Assistance Program for Florida residents is hereby established
11368in the division for the purpose of providing scholarships to
11369minority persons, as defined in s. 288.703(3), who are students
11370enrolled in their fifth year of an accounting education program
11371at an institution in this state approved by the board by rule. A
11372Certified Public Accountant Education Minority Assistance
11373Advisory Council shall assist the board in administering the
11374program.
11375     (3)  The board shall adopt rules as necessary for
11376administration of the program, including rules relating to the
11377following:
11378     (a)  Eligibility criteria for receipt of a scholarship,
11379which, at a minimum, shall include the following factors:
11380     1.  Financial need.
11381     2.  Ethnic, gender, or racial minority status pursuant to
11382s. 288.703(4)(3).
11383     3.  Scholastic ability and performance.
11384     (6)  There is hereby created the Certified Public
11385Accountant Education Minority Assistance Advisory Council to
11386assist the board in administering the program. The council shall
11387be diverse and representative of the gender, ethnic, and racial
11388categories set forth in s. 288.703(4)(3).
11389     (a)  The council shall consist of five licensed Florida-
11390certified public accountants selected by the board, of whom one
11391shall be a board member who serves as chair of the council, one
11392shall be a representative of the National Association of Black
11393Accountants, one shall be a representative of the Cuban American
11394CPA Association, and two shall be selected at large. At least
11395one member of the council must be a woman.
11396     (b)  The board shall determine the terms for initial
11397appointments and appointments thereafter.
11398     (c)  Any vacancy on the council shall be filled in the
11399manner provided for the selection of the initial member. Any
11400member appointed to fill a vacancy of an unexpired term shall be
11401appointed for the remainder of that term.
11402     (d)  Three consecutive absences or absences constituting 50
11403percent or more of the council's meetings within any 12-month
11404period shall cause the council membership of the member in
11405question to become void, and the position shall be considered
11406vacant.
11407     (e)  The members of the council shall serve without
11408compensation, and any necessary and actual expenses incurred by
11409a member while engaged in the business of the council shall be
11410borne by such member or by the organization or agency such
11411member represents. However, the council member who is a member
11412of the board shall be compensated in accordance with the
11413provisions of ss. 455.207(4) and 112.061.
11414     Section 173.  Section 570.96, Florida Statutes, is amended
11415to read:
11416     570.96  Agritourism.-The Department of Agriculture and
11417Consumer Services may provide marketing advice, technical
11418expertise, promotional support, and product development related
11419to agritourism to assist the following in their agritourism
11420initiatives: Enterprise Florida, Inc. the Florida Commission on
11421Tourism; convention and visitor bureaus; tourist development
11422councils; economic development organizations; and local
11423governments. In carrying out this responsibility, the department
11424shall focus its agritourism efforts on rural and urban
11425communities.
11426     Section 174.  Subsection (1) of section 597.006, Florida
11427Statutes, is amended to read:
11428     597.006  Aquaculture Interagency Coordinating Council.-
11429     (1)  CREATION.-The Legislature finds and declares that
11430there is a need for interagency coordination with regard to
11431aquaculture by the following agencies: the Department of
11432Agriculture and Consumer Services; the Department of Economic
11433Opportunity Office of Tourism, Trade, and Economic Development;
11434the Department of Community Affairs; the Department of
11435Environmental Protection; the Department of Labor and Employment
11436Security; the Fish and Wildlife Conservation Commission; the
11437statewide consortium of universities under the Florida Institute
11438of Oceanography; Florida Agricultural and Mechanical University;
11439the Institute of Food and Agricultural Sciences at the
11440University of Florida; and the Florida Sea Grant Program. It is
11441therefore the intent of the Legislature to hereby create an
11442Aquaculture Interagency Coordinating Council to act as an
11443advisory body as defined in s. 20.03(9).
11444     Section 175.  Paragraph (d) of subsection (1), paragraphs
11445(d) and (e) of subsection (2), paragraph (a) of subsection (4),
11446and subsection (5) of section 624.5105, Florida Statutes, are
11447amended to read:
11448     624.5105  Community contribution tax credit; authorization;
11449limitations; eligibility and application requirements;
11450administration; definitions; expiration.-
11451     (1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.-
11452     (d)  Each proposal for the granting of such tax credit
11453requires the prior approval of the Governor, through the
11454Department of Economic Opportunity director.
11455     (2)  ELIGIBILITY REQUIREMENTS.-
11456     (d)  The project shall be located in an area designated as
11457an enterprise zone or a Front Porch Community pursuant to s.
1145820.18(6). Any project designed to construct or rehabilitate
11459housing for low-income or very-low-income households as defined
11460in s. 420.9071(19) and (28) is exempt from the area requirement
11461of this paragraph.
11462     (e)1.  If, during the first 10 business days of the state
11463fiscal year, eligible tax credit applications for projects that
11464provide homeownership opportunities for low-income or very-low-
11465income households as defined in s. 420.9071(19) and (28) are
11466received for less than the annual tax credits available for
11467those projects, the Governor, through the Department of Economic
11468Opportunity, Office of Tourism, Trade, and Economic Development
11469shall grant tax credits for those applications and shall grant
11470remaining tax credits on a first-come, first-served basis for
11471any subsequent eligible applications received before the end of
11472the state fiscal year. If, during the first 10 business days of
11473the state fiscal year, eligible tax credit applications for
11474projects that provide homeownership opportunities for low-income
11475or very-low-income households as defined in s. 420.9071(19) and
11476(28) are received for more than the annual tax credits available
11477for those projects, the Governor, through the Department of
11478Economic Opportunity, office shall grant the tax credits for
11479those applications as follows:
11480     a.  If tax credit applications submitted for approved
11481projects of an eligible sponsor do not exceed $200,000 in total,
11482the credits shall be granted in full if the tax credit
11483applications are approved.
11484     b.  If tax credit applications submitted for approved
11485projects of an eligible sponsor exceed $200,000 in total, the
11486amount of tax credits granted under sub-subparagraph a. shall be
11487subtracted from the amount of available tax credits, and the
11488remaining credits shall be granted to each approved tax credit
11489application on a pro rata basis.
11490     2.  If, during the first 10 business days of the state
11491fiscal year, eligible tax credit applications for projects other
11492than those that provide homeownership opportunities for low-
11493income or very-low-income households as defined in s.
11494420.9071(19) and (28) are received for less than the annual tax
11495credits available for those projects, the Governor, through the
11496Department of Economic Opportunity, office shall grant tax
11497credits for those applications and shall grant remaining tax
11498credits on a first-come, first-served basis for any subsequent
11499eligible applications received before the end of the state
11500fiscal year. If, during the first 10 business days of the state
11501fiscal year, eligible tax credit applications for projects other
11502than those that provide homeownership opportunities for low-
11503income or very-low-income households as defined in s.
11504420.9071(19) and (28) are received for more than the annual tax
11505credits available for those projects, the Governor, through the
11506Department of Economic Opportunity, office shall grant the tax
11507credits for those applications on a pro rata basis.
11508     (4)  ADMINISTRATION.-
11509     (a)1.  The Department of Economic Opportunity may Office of
11510Tourism, Trade, and Economic Development is authorized to adopt
11511all rules necessary to administer this section, including rules
11512for the approval or disapproval of proposals by insurers.
11513     2.  The Governor's decision of the director shall be in
11514writing, and, if approved, the proposal shall state the maximum
11515credit allowable to the insurer. A copy of the Governor's
11516decision shall be transmitted to the executive director of the
11517Department of Revenue, who shall apply such credit to the tax
11518liability of the insurer.
11519     3.  The Department of Economic Opportunity office shall
11520monitor all projects periodically, in a manner consistent with
11521available resources to ensure that resources are utilized in
11522accordance with this section; however, each project shall be
11523reviewed no less frequently than once every 2 years.
11524     4.  The Department of Economic Opportunity Office of
11525Tourism, Trade, and Economic Development shall, in consultation
11526with the Department of Community Affairs, the Florida Housing
11527Finance Corporation, and the statewide and regional housing and
11528financial intermediaries, market the availability of the
11529community contribution tax credit program to community-based
11530organizations.
11531     (5)  DEFINITIONS.-As used in For the purpose of this
11532section, the term:
11533     (a)  "Community contribution" means the grant by an insurer
11534of any of the following items:
11535     1.  Cash or other liquid assets.
11536     2.  Real property.
11537     3.  Goods or inventory.
11538     4.  Other physical resources which are identified by the
11539department.
11540     (b)  "Director" means the director of the Office of
11541Tourism, Trade, and Economic Development.
11542     (b)(c)  "Local government" means any county or incorporated
11543municipality in the state.
11544     (d)  "Office" means the Office of Tourism, Trade, and
11545Economic Development.
11546     (c)(e)  "Project" means an activity as defined in s.
11547220.03(1)(t).
11548     Section 176.  Subsection (7) of section 627.3511, Florida
11549Statutes, is amended to read:
11550     627.3511  Depopulation of Citizens Property Insurance
11551Corporation.-
11552     (7)  A minority business, which is at least 51 percent
11553owned by minority persons as described in s. 288.703(3),
11554desiring to operate or become licensed as a property and
11555casualty insurer may exempt up to $50 of the escrow requirements
11556of the take-out bonus, as described in this section. Such
11557minority business, which has applied for a certificate of
11558authority to engage in business as a property and casualty
11559insurer, may simultaneously file the business' proposed take-out
11560plan, as described in this section, with the corporation.
11561     Section 177.  Subsection (1) of section 641.217, Florida
11562Statutes, is amended to read:
11563     641.217  Minority recruitment and retention plans
11564required.-
11565     (1)  Any entity contracting with the Agency for Health Care
11566Administration to provide health care services to Medicaid
11567recipients or state employees on a prepaid or fixed-sum basis
11568must submit to the Agency for Health Care Administration the
11569entity's plan for recruitment and retention of health care
11570practitioners who are minority persons minorities as defined in
11571s. 288.703(3). The plan must demonstrate an ability to recruit
11572and retain minority persons minorities which shall include, but
11573is not limited to, the following efforts:
11574     (a)  Establishing and maintaining contacts with various
11575organizations representing the interests and concerns of
11576minority constituencies to seek advice and assistance.
11577     (b)  Identifying and recruiting at colleges and
11578universities which primarily serve minority students.
11579     (c)  Reviewing and analyzing the organization's workforce
11580as to minority representation.
11581     (d)  Other factors identified by the Agency for Health Care
11582Administration by rule.
11583     Section 178.  Paragraph (b) of subsection (4) of section
11584657.042, Florida Statutes, is amended to read:
11585     657.042  Investment powers and limitations.-A credit union
11586may invest its funds subject to the following definitions,
11587restrictions, and limitations:
11588     (4)  INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF
11589CAPITAL OF THE CREDIT UNION.-Up to 1 percent of the capital of
11590the credit union may be invested in any of the following:
11591     (b)  Any capital participation instrument or evidence of
11592indebtedness issued by Enterprise Florida, Inc., the Florida
11593Black Business Investment Board pursuant to the Florida Small
11594and Minority Business Assistance Act.
11595     Section 179.  Paragraph (g) of subsection (4) of section
11596658.67, Florida Statutes, is amended to read:
11597     658.67  Investment powers and limitations.-A bank may
11598invest its funds, and a trust company may invest its corporate
11599funds, subject to the following definitions, restrictions, and
11600limitations:
11601     (4)  INVESTMENTS SUBJECT TO LIMITATION OF TEN PERCENT OR
11602LESS OF CAPITAL ACCOUNTS.-
11603     (g)  Up to 10 percent of the capital accounts of a bank or
11604trust company may be invested in any capital participation
11605instrument or evidence of indebtedness issued by the Enterprise
11606Florida, Inc., Florida Black Business Investment Board pursuant
11607to the Florida Small and Minority Business Assistance Act.
11608     Section 180.  Subsections (2) and (3) of section 1003.492,
11609Florida Statutes, are amended to read:
11610     1003.492  Industry-certified career education programs.-
11611     (2)  The State Board of Education shall use the expertise
11612of Workforce Florida, Inc., and Enterprise Florida, Inc., to
11613develop and adopt rules pursuant to ss. 120.536(1) and 120.54
11614for implementing an industry certification process. Industry
11615certification shall be defined by the Department of Economic
11616Opportunity Agency for Workforce Innovation, based upon the
11617highest available national standards for specific industry
11618certification, to ensure student skill proficiency and to
11619address emerging labor market and industry trends. A regional
11620workforce board or a career and professional academy may apply
11621to Workforce Florida, Inc., to request additions to the approved
11622list of industry certifications based on high-demand job
11623requirements in the regional economy. The list of industry
11624certifications approved by Workforce Florida, Inc., and the
11625Department of Education shall be published and updated annually
11626by a date certain, to be included in the adopted rule.
11627     (3)  The Department of Education shall collect student
11628achievement and performance data in industry-certified career
11629education programs and shall work with Workforce Florida, Inc.,
11630and Enterprise Florida, Inc., in the analysis of collected data.
11631The data collection and analyses shall examine the performance
11632of participating students over time. Performance factors shall
11633include, but not be limited to, graduation rates, retention
11634rates, Florida Bright Futures Scholarship awards, additional
11635educational attainment, employment records, earnings, industry
11636certification, and employer satisfaction. The results of this
11637study shall be submitted to the President of the Senate and the
11638Speaker of the House of Representatives annually by December 31.
11639     Section 181.  Paragraphs (f) and (k) of subsection (4) of
11640section 1003.493, Florida Statutes, are amended to read:
11641     1003.493  Career and professional academies.-
11642     (4)  Each career and professional academy must:
11643     (f)  Provide instruction in careers designated as high
11644growth, high demand, and high pay by the local workforce
11645development board, the chamber of commerce, or the Department of
11646Economic Opportunity Agency for Workforce Innovation.
11647     (k)  Include an evaluation plan developed jointly with the
11648Department of Education and the local workforce board. The
11649evaluation plan must include an assessment tool based on
11650national industry standards, such as the Career Academy National
11651Standards of Practice, and outcome measures, including, but not
11652limited to, achievement of national industry certifications
11653identified in the Industry Certification Funding List, pursuant
11654to rules adopted by the State Board of Education, graduation
11655rates, enrollment in postsecondary education, business and
11656industry satisfaction, employment and earnings, awards of
11657postsecondary credit and scholarships, and student achievement
11658levels and learning gains on statewide assessments administered
11659under s. 1008.22(3)(c). The Department of Education shall use
11660Workforce Florida, Inc., and Enterprise Florida, Inc., in
11661identifying industry experts to participate in developing and
11662implementing such assessments.
11663     Section 182.  Paragraph (c) of subsection (5) of section
116641004.226, Florida Statutes, is amended to read:
11665     1004.226  The 21st Century Technology, Research, and
11666Scholarship Enhancement Act.-
11667     (5)  THE 21ST CENTURY WORLD CLASS SCHOLARS PROGRAM.-
11668     (c)  The board, in consultation with senior administrators
11669of state universities, state university foundation directors,
11670the Department of Economic Opportunity Office of Tourism, Trade,
11671and Economic Development, the board of directors of Enterprise
11672Florida, Inc., and leading members of private industry, shall
11673develop and recommend to the Board of Governors criteria for the
1167421st Century World Class Scholars Program. Such criteria shall
11675address, at a minimum, the following:
11676     1.  The presence of distinguished faculty members,
11677including whether the university has a substantial history of
11678external funding, along with the strong potential for attracting
11679a scholar of national or international eminence.
11680     2.  The presence of academically outstanding students,
11681along with the promise and potential for attracting additional
11682highly qualified students.
11683     3.  The presence of adequate research and scholarly support
11684services.
11685     4.  The existence of an academic environment having
11686appropriate infrastructure, including buildings, classrooms,
11687libraries, laboratories, and specialized equipment, that is
11688conducive to the conduct of the highest quality of scholarship
11689and research.
11690     5.  The demonstration of concordance with Florida's
11691strategic plan for economic development or an emphasis on one or
11692more emerging sciences or technologies that could favorably
11693impact the state's economic future.
11694     Section 183.  Paragraph (a) of subsection (4) of section
116951004.435, Florida Statutes, is amended to read:
11696     1004.435  Cancer control and research.-
11697     (4)  FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
11698CREATION; COMPOSITION.-
11699     (a)  There is created within the H. Lee Moffitt Cancer
11700Center and Research Institute, Inc., the Florida Cancer Control
11701and Research Advisory Council. The council shall consist of 34
11702members, which includes the chairperson, all of whom must be
11703residents of this state. All members, except those appointed by
11704the Speaker of the House of Representatives and the President of
11705the Senate, must be appointed by the Governor. At least one of
11706the members appointed by the Governor must be 60 years of age or
11707older. One member must be a representative of the American
11708Cancer Society; one member must be a representative of the
11709Florida Tumor Registrars Association; one member must be a
11710representative of the Sylvester Comprehensive Cancer Center of
11711the University of Miami; one member must be a representative of
11712the Department of Health; one member must be a representative of
11713the University of Florida Shands Cancer Center; one member must
11714be a representative of the Agency for Health Care
11715Administration; one member must be a representative of the
11716Florida Nurses Association; one member must be a representative
11717of the Florida Osteopathic Medical Association; one member must
11718be a representative of the American College of Surgeons; one
11719member must be a representative of the School of Medicine of the
11720University of Miami; one member must be a representative of the
11721College of Medicine of the University of Florida; one member
11722must be a representative of NOVA Southeastern College of
11723Osteopathic Medicine; one member must be a representative of the
11724College of Medicine of the University of South Florida; one
11725member must be a representative of the College of Public Health
11726of the University of South Florida; one member must be a
11727representative of the Florida Society of Clinical Oncology; one
11728member must be a representative of the Florida Obstetric and
11729Gynecologic Society who has had training in the specialty of
11730gynecologic oncology; one member must be a representative of the
11731Florida Medical Association; one member must be a member of the
11732Florida Pediatric Society; one member must be a representative
11733of the Florida Radiological Society; one member must be a
11734representative of the Florida Society of Pathologists; one
11735member must be a representative of the H. Lee Moffitt Cancer
11736Center and Research Institute, Inc.; three members must be
11737representatives of the general public acting as consumer
11738advocates; one member must be a member of the House of
11739Representatives appointed by the Speaker of the House of
11740Representatives; one member must be a member of the Senate
11741appointed by the President of the Senate; one member must be a
11742representative of the Florida Dental Association; one member
11743must be a representative of the Florida Hospital Association;
11744one member must be a representative of the Association of
11745Community Cancer Centers; one member shall be a representative
11746from a statutory teaching hospital affiliated with a community-
11747based cancer center; one member must be a representative of the
11748Florida Association of Pediatric Tumor Programs, Inc.; one
11749member must be a representative of the Cancer Information
11750Service; one member must be a representative of the Florida
11751Agricultural and Mechanical University Institute of Public
11752Health; and one member must be a representative of the Florida
11753Society of Oncology Social Workers. Of the members of the
11754council appointed by the Governor, at least 10 must be
11755individuals who are minority persons as defined by s.
11756288.703(3).
11757     Section 184.  Sections 216.235, 216.236, 216.237, and
11758216.238, Florida Statutes, are repealed.
11759     Section 185.  Section 287.115, Florida Statutes, is
11760repealed.
11761     Section 186.  Section 288.038, Florida Statutes, is
11762repealed.
11763     Section 187.  Section 288.12295, Florida Statutes, is
11764repealed.
11765     Section 188.  Section 288.386, Florida Statutes, is
11766repealed.
11767     Section 189.  Section 288.7011, Florida Statutes, is
11768repealed.
11769     Section 190.  Section 288.90151, Florida Statutes, is
11770repealed.
11771     Section 191.  Section 288.9415, Florida Statutes, is
11772repealed.
11773     Section 192.  Section 288.9618, Florida Statutes, is
11774repealed.
11775     Section 193.  Section 288.982, Florida Statutes, is
11776repealed.
11777     Section 194.  Section 373.461, Florida Statutes, is
11778repealed.
11779     Section 195.  Section 379.2353, Florida Statutes, is
11780repealed.
11781     Section 196.  Sections 409.944, 409.945, and 409.946,
11782Florida Statutes, are repealed.
11783     Section 197.  Section 624.4072, Florida Statutes, is
11784repealed.
11785     Section 198.  Section 625.3255, Florida Statutes, is
11786repealed.
11787     Section 199.  Section 20.18, Florida Statutes, is repealed.
11788     Section 200.  Transfers from the Department of Community
11789Affairs.-
11790     (1)  All powers, duties, functions, records, offices,
11791personnel, associated administrative support positions,
11792property, pending issues, and existing contracts, administrative
11793authority, administrative rules, and unexpended balances of
11794appropriations, allocations, and other funds relating to the
11795following programs in the Department of Community Affairs are
11796transferred by a type two transfer, as defined in s. 20.06(2),
11797Florida Statutes, as follows:
11798     (a)  The Division of Housing and Community Development is
11799transferred to the Department of Economic Opportunity.
11800     (b)  The Division of Community Planning is transferred to
11801the Department of Economic Opportunity.
11802     (c)  The Division of Emergency Management is transferred to
11803the Executive Office of the Governor.
11804     (d)  The Florida Building Commission is transferred to the
11805Department of Business and Professional Regulation.
11806     (e)  The responsibilities under the Florida Communities
11807Trust, part III of chapter 380, Florida Statutes, are
11808transferred to the Department of Environmental Protection.
11809     (f)  The responsibilities under the Stan Mayfield Working
11810Waterfronts Program authorized in s. 380.5105, Florida Statutes,
11811are transferred to the Department of Environmental Protection.
11812     (g)  The responsibilities of the Special District
11813Information Program under chapter 189, Florida Statutes, are
11814transferred to the Department of Financial Services.
11815     (h)  The responsibilities of the Community Services Block
11816Grant Programs are transferred to the Department of Children and
11817Family Services.
11818     (2)  The following trust funds are transferred:
11819     (a)  From the Department of Community Affairs to the
11820Department of Economic Opportunity:
11821     1.  The State Housing Trust Fund, FLAIR number 52-2-255.
11822     2.  The Local Government Housing Trust Fund, FLAIR number
1182352-2-250.
11824     3.  The Florida Small Cities Community Development Block
11825Grant Trust Fund, FLAIR number 52-2-109.
11826     4.  The Federal Grants Trust Fund, FLAIR number 52-2-261.
11827     5.  The Grants and Donations Trust Fund, FLAIR number 52-2-
11828339.
11829     6.  The Energy Consumption Trust Fund, FLAIR number 52-2-
11830174.
11831     7.  The Low-Income Home Energy Assistance Trust Fund, FLAIR
11832number 52-2-451.
11833     (b)  From the Department of Community Affairs to the
11834Executive Office of the Governor:
11835     1.  The Emergency Management, Preparedness, and Assistance
11836Trust Fund, FLAIR number 52-2-11.
11837     2.  The U.S. Contributions Trust Fund, FLAIR number 52-2-
11838750.
11839     3.  The Operating Trust Fund, FLAIR number 52-2-510.
11840     4.  The Federal Emergency Management Programs Support Trust
11841Fund, FLAIR number 52-2-525.
11842     (c)  From the Department of Community Affairs to the
11843Department of Environmental Protection:
11844     1.  The Florida Forever Program Trust Fund, FLAIR number
1184552-2-349.
11846     2.  The Florida Communities Trust Fund, FLAIR number 52-2-
11847244.
11848     (d)  From the Department of Community Affairs to the
11849Department of Children and Family Services, the Community
11850Services Block Grant Trust Fund, FLAIR number 52-2-118.
11851     (3)  The Administrative Trust Fund, FLAIR number 52-2-021,
11852within the Department of Community Affairs is terminated. All
11853current balances remaining in the trust fund on the date of
11854termination pursuant to this section shall be transferred to the
11855Administrative Trust Fund within the Department of Economic
11856Opportunity.
11857     (4)  Any binding contract or interagency agreement existing
11858on or before July 1, 2011, between the Department of Community
11859Affairs or the Division of Emergency Management, or an entity or
11860agent of the department or division, and any other agency,
11861entity, or person shall continue as a binding contract or
11862agreement for the remainder of the term of such contract or
11863agreement with the successor department, agency, or entity
11864responsible for the program, activity, or functions relative to
11865the contract or agreement.
11866     (5)  All powers, duties, functions, records, offices,
11867personnel, property, pending issues, and existing contracts,
11868administrative authority, administrative rules, and unexpended
11869balances of appropriations, allocations, and other funds
11870relating to the Department of Community Affairs, and not
11871specifically delineated for transfer within this section are
11872transferred by a type two transfer to the Department of Economic
11873Opportunity.
11874     Section 201.  Section 14.2016, Florida Statutes, is created
11875to read:
11876     14.2016  Division of Emergency Management.-The Division of
11877Emergency Management is established within the Executive Office
11878of the Governor. The division shall be a separate budget entity,
11879as provided in the General Appropriations Act, and shall prepare
11880and submit a budget request in accordance with chapter 216. The
11881division is responsible for all professional, technical, and
11882administrative support functions necessary to carry out its
11883responsibilities under part I of chapter 252. The head of the
11884division is the Director of Emergency Management, who shall be
11885appointed by and serve at the pleasure of the Governor. The
11886division shall administer programs to apply rapidly all
11887available aid to communities stricken by an emergency as defined
11888in s. 252.34 and, for this purpose, shall provide liaison with
11889federal agencies and other public and private agencies.
11890     Section 202.  Section 163.03, Florida Statutes, is amended
11891to read:
11892     163.03  Commissioner of Economic Opportunity Secretary of
11893Community Affairs; powers and duties; function of Department of
11894Economic Opportunity Department of Community Affairs with
11895respect to federal grant-in-aid programs.-
11896     (1)  The Commissioner of Economic Opportunity, or his or
11897her designee, Secretary of Community Affairs shall:
11898     (a)  Supervise and administer the activities of the
11899Department of Economic Opportunity the department and shall
11900advise the Governor, the Cabinet, and the Legislature with
11901respect to matters affecting community affairs and local
11902government and participate in the formulation of policies which
11903best use utilize the resources of state government for the
11904benefit of local government.
11905     (b)  Render services to local governments by assisting,
11906upon request, in applying for and securing federal and state
11907funds and by assisting the Executive Office of the Governor in
11908coordinating the activities of the state with federal programs
11909for assistance in and solution of urban problems.
11910     (c)  Under the direction of the Governor, administer
11911programs to apply rapidly all available aid to communities
11912stricken by an emergency as defined in s. 252.34(3) and, for
11913this purpose, provide liaison with federal agencies and other
11914public and private agencies.
11915     (d)  When requested, administer programs which will assist
11916the efforts of local governments in developing mutual and
11917cooperative solutions to their common problems.
11918     (e)  Conduct programs to encourage and promote the
11919involvement of private enterprise in the solution of urban
11920problems.
11921     (f)  Conduct continuing programs of analysis and evaluation
11922of local governments and recommend to the Governor programs and
11923changes in the powers and organization of local government as
11924may seem necessary to strengthen local governments.
11925     (g)  Assist the Governor and the Cabinet in coordinating
11926and making more effective the activities and services of those
11927departments and agencies of the state which may be of service to
11928units of local government.
11929     (h)  Provide consultative services and technical assistance
11930to local officials in the fields of housing, redevelopment and
11931renewal, local public improvement programs, planning and zoning,
11932and other local programs and collect and disseminate information
11933pertaining thereto, including information concerning federal,
11934state, and private assistance programs and services.
11935     (i)  Conduct research and studies, and prepare model
11936ordinances and codes relating to the areas referred to herein.
11937     (j)  Cooperate with other state agencies in the preparation
11938of statewide plans relating to housing, redevelopment and
11939renewal, human resources development, local planning and zoning,
11940transportation and traffic, and other matters relating to the
11941purposes of this section.
11942     (k)  Accept funds from all sources to be used utilized in
11943programs designed to combat juvenile crime, including the making
11944of contributions to the National Youth Emergency Corps.
11945     (l)  Be authorized to accept and disburse funds from all
11946sources in order to carry out the following programs:
11947     1.  Advisory and informational services to local
11948governments.
11949     2.  Community development training under Title VIII of the
11950Housing Act of 1964.
11951     3.  Local planning assistance under s. 701 of the Housing
11952Act of 1954.
11953     4.  Statewide planning assistance under s. 701 of the
11954Housing Act of 1954.
11955     5.  Model cities technical assistance under s. 701 of the
11956Housing Act of 1954.
11957     (m)  Perform such other functions, duties, or
11958responsibilities as may be hereafter assigned to him or her by
11959law.
11960     (2)  It is the intent of this section, with respect to
11961federal grant-in-aid programs, that the Department of Economic
11962Opportunity the department serve as the agency for disseminating
11963information to local governments regarding the availability of
11964federal grant-in-aid assistance to local governments in their
11965efforts to secure federal grant-in-aid assistance, but only upon
11966the request of such local governments, and for assisting local
11967governments in maintaining liaison and communications with
11968federal agencies concerning federal grant-in-aid programs.
11969Nothing contained herein shall be construed to require consent,
11970approval, or authorization from the Department of Economic
11971Opportunity the department as a condition to any application for
11972or acceptance of grants-in-aid from the United States
11973Government.
11974     (3)  The Department of Economic Opportunity The department
11975is authorized to adopt rules implementing the following grant
11976programs, which rules shall be consistent with the laws,
11977regulations, or guidelines governing the grant to the Department
11978of Economic Opportunity the department:
11979     (a)  Criminal justice grant programs administered by the
11980Bureau of Criminal Justice Assistance.
11981     (b)  Grants under the federal Outer Continental Shelf
11982Program administered by the Bureau of Land and Water Management.
11983     (a)(c)  Federal housing assistance programs.
11984     (d)  Community Services Block Grant programs.
11985     (e)  Federal weatherization grant programs.
11986     (b)(f)  The Jobs Impact Program of the federal Community
11987Development Block Grant.
11988     Section 203.  Section 163.3191, Florida Statutes, is
11989reenacted and amended to read:
11990     163.3191  Evaluation and appraisal of comprehensive plan.-
11991     (1)  The planning program shall be a continuous and ongoing
11992process. Each local government shall adopt an evaluation and
11993appraisal report once every 7 years assessing the progress in
11994implementing the local government's comprehensive plan.
11995Furthermore, it is the intent of this section that:
11996     (a)  Adopted comprehensive plans be reviewed through such
11997evaluation process to respond to changes in state, regional, and
11998local policies on planning and growth management and changing
11999conditions and trends, to ensure effective intergovernmental
12000coordination, and to identify major issues regarding the
12001community's achievement of its goals.
12002     (b)  After completion of the initial evaluation and
12003appraisal report and any supporting plan amendments, each
12004subsequent evaluation and appraisal report must evaluate the
12005comprehensive plan in effect at the time of the initiation of
12006the evaluation and appraisal report process.
12007     (c)  Local governments identify the major issues, if
12008applicable, with input from state agencies, regional agencies,
12009adjacent local governments, and the public in the evaluation and
12010appraisal report process. It is also the intent of this section
12011to establish minimum requirements for information to ensure
12012predictability, certainty, and integrity in the growth
12013management process. The report is intended to serve as a summary
12014audit of the actions that a local government has undertaken and
12015identify changes that it may need to make. The report should be
12016based on the local government's analysis of major issues to
12017further the community's goals consistent with statewide minimum
12018standards. The report is not intended to require a comprehensive
12019rewrite of the elements within the local plan, unless a local
12020government chooses to do so.
12021     (2)  The report shall present an evaluation and assessment
12022of the comprehensive plan and shall contain appropriate
12023statements to update the comprehensive plan, including, but not
12024limited to, words, maps, illustrations, or other media, related
12025to:
12026     (a)  Population growth and changes in land area, including
12027annexation, since the adoption of the original plan or the most
12028recent update amendments.
12029     (b)  The extent of vacant and developable land.
12030     (c)  The financial feasibility of implementing the
12031comprehensive plan and of providing needed infrastructure to
12032achieve and maintain adopted level-of-service standards and
12033sustain concurrency management systems through the capital
12034improvements element, as well as the ability to address
12035infrastructure backlogs and meet the demands of growth on public
12036services and facilities.
12037     (d)  The location of existing development in relation to
12038the location of development as anticipated in the original plan,
12039or in the plan as amended by the most recent evaluation and
12040appraisal report update amendments, such as within areas
12041designated for urban growth.
12042     (e)  An identification of the major issues for the
12043jurisdiction and, where pertinent, the potential social,
12044economic, and environmental impacts.
12045     (f)  Relevant changes to the state comprehensive plan, the
12046requirements of this part, the minimum criteria contained in
12047chapter 9J-5, Florida Administrative Code, and the appropriate
12048strategic regional policy plan since the adoption of the
12049original plan or the most recent evaluation and appraisal report
12050update amendments.
12051     (g)  An assessment of whether the plan objectives within
12052each element, as they relate to major issues, have been
12053achieved. The report shall include, as appropriate, an
12054identification as to whether unforeseen or unanticipated changes
12055in circumstances have resulted in problems or opportunities with
12056respect to major issues identified in each element and the
12057social, economic, and environmental impacts of the issue.
12058     (h)  A brief assessment of successes and shortcomings
12059related to each element of the plan.
12060     (i)  The identification of any actions or corrective
12061measures, including whether plan amendments are anticipated to
12062address the major issues identified and analyzed in the report.
12063Such identification shall include, as appropriate, new
12064population projections, new revised planning timeframes, a
12065revised future conditions map or map series, an updated capital
12066improvements element, and any new and revised goals, objectives,
12067and policies for major issues identified within each element.
12068This paragraph shall not require the submittal of the plan
12069amendments with the evaluation and appraisal report.
12070     (j)  A summary of the public participation program and
12071activities undertaken by the local government in preparing the
12072report.
12073     (k)  The coordination of the comprehensive plan with
12074existing public schools and those identified in the applicable
12075educational facilities plan adopted pursuant to s. 1013.35. The
12076assessment shall address, where relevant, the success or failure
12077of the coordination of the future land use map and associated
12078planned residential development with public schools and their
12079capacities, as well as the joint decisionmaking processes
12080engaged in by the local government and the school board in
12081regard to establishing appropriate population projections and
12082the planning and siting of public school facilities. For those
12083counties or municipalities that do not have a public schools
12084interlocal agreement or public school facilities element, the
12085assessment shall determine whether the local government
12086continues to meet the criteria of s. 163.3177(12). If the county
12087or municipality determines that it no longer meets the criteria,
12088it must adopt appropriate school concurrency goals, objectives,
12089and policies in its plan amendments pursuant to the requirements
12090of the public school facilities element, and enter into the
12091existing interlocal agreement required by ss. 163.3177(6)(h)2.
12092and 163.31777 in order to fully participate in the school
12093concurrency system.
12094     (l)  The extent to which the local government has been
12095successful in identifying alternative water supply projects and
12096traditional water supply projects, including conservation and
12097reuse, necessary to meet the water needs identified in s.
12098373.709(2)(a) within the local government's jurisdiction. The
12099report must evaluate the degree to which the local government
12100has implemented the work plan for building public, private, and
12101regional water supply facilities, including development of
12102alternative water supplies, identified in the element as
12103necessary to serve existing and new development.
12104     (m)  If any of the jurisdiction of the local government is
12105located within the coastal high-hazard area, an evaluation of
12106whether any past reduction in land use density impairs the
12107property rights of current residents when redevelopment occurs,
12108including, but not limited to, redevelopment following a natural
12109disaster. The property rights of current residents shall be
12110balanced with public safety considerations. The local government
12111must identify strategies to address redevelopment feasibility
12112and the property rights of affected residents. These strategies
12113may include the authorization of redevelopment up to the actual
12114built density in existence on the property prior to the natural
12115disaster or redevelopment.
12116     (n)  An assessment of whether the criteria adopted pursuant
12117to s. 163.3177(6)(a) were successful in achieving compatibility
12118with military installations.
12119     (o)  The extent to which a concurrency exception area
12120designated pursuant to s. 163.3180(5), a concurrency management
12121area designated pursuant to s. 163.3180(7), or a multimodal
12122transportation district designated pursuant to s. 163.3180(15)
12123has achieved the purpose for which it was created and otherwise
12124complies with the provisions of s. 163.3180.
12125     (p)  An assessment of the extent to which changes are
12126needed to develop a common methodology for measuring impacts on
12127transportation facilities for the purpose of implementing its
12128concurrency management system in coordination with the
12129municipalities and counties, as appropriate pursuant to s.
12130163.3180(10).
12131     (3)  Voluntary scoping meetings may be conducted by each
12132local government or several local governments within the same
12133county that agree to meet together. Joint meetings among all
12134local governments in a county are encouraged. All scoping
12135meetings shall be completed at least 1 year prior to the
12136established adoption date of the report. The purpose of the
12137meetings shall be to distribute data and resources available to
12138assist in the preparation of the report, to provide input on
12139major issues in each community that should be addressed in the
12140report, and to advise on the extent of the effort for the
12141components of subsection (2). If scoping meetings are held, the
12142local government shall invite each state and regional reviewing
12143agency, as well as adjacent and other affected local
12144governments. A preliminary list of new data and major issues
12145that have emerged since the adoption of the original plan, or
12146the most recent evaluation and appraisal report-based update
12147amendments, should be developed by state and regional entities
12148and involved local governments for distribution at the scoping
12149meeting. For purposes of this subsection, a "scoping meeting" is
12150a meeting conducted to determine the scope of review of the
12151evaluation and appraisal report by parties to which the report
12152relates.
12153     (4)  The local planning agency shall prepare the evaluation
12154and appraisal report and shall make recommendations to the
12155governing body regarding adoption of the proposed report. The
12156local planning agency shall prepare the report in conformity
12157with its public participation procedures adopted as required by
12158s. 163.3181. During the preparation of the proposed report and
12159prior to making any recommendation to the governing body, the
12160local planning agency shall hold at least one public hearing,
12161with public notice, on the proposed report. At a minimum, the
12162format and content of the proposed report shall include a table
12163of contents; numbered pages; element headings; section headings
12164within elements; a list of included tables, maps, and figures; a
12165title and sources for all included tables; a preparation date;
12166and the name of the preparer. Where applicable, maps shall
12167include major natural and artificial geographic features; city,
12168county, and state lines; and a legend indicating a north arrow,
12169map scale, and the date.
12170     (5)  Ninety days prior to the scheduled adoption date, the
12171local government may provide a proposed evaluation and appraisal
12172report to the state land planning agency and distribute copies
12173to state and regional commenting agencies as prescribed by rule,
12174adjacent jurisdictions, and interested citizens for review. All
12175review comments, including comments by the state land planning
12176agency, shall be transmitted to the local government and state
12177land planning agency within 30 days after receipt of the
12178proposed report.
12179     (6)  The governing body, after considering the review
12180comments and recommended changes, if any, shall adopt the
12181evaluation and appraisal report by resolution or ordinance at a
12182public hearing with public notice. The governing body shall
12183adopt the report in conformity with its public participation
12184procedures adopted as required by s. 163.3181. The local
12185government shall submit to the state land planning agency three
12186copies of the report, a transmittal letter indicating the dates
12187of public hearings, and a copy of the adoption resolution or
12188ordinance. The local government shall provide a copy of the
12189report to the reviewing agencies which provided comments for the
12190proposed report, or to all the reviewing agencies if a proposed
12191report was not provided pursuant to subsection (5), including
12192the adjacent local governments. Within 60 days after receipt,
12193the state land planning agency shall review the adopted report
12194and make a preliminary sufficiency determination that shall be
12195forwarded by the agency to the local government for its
12196consideration. The state land planning agency shall issue a
12197final sufficiency determination within 90 days after receipt of
12198the adopted evaluation and appraisal report.
12199     (7)  The intent of the evaluation and appraisal process is
12200the preparation of a plan update that clearly and concisely
12201achieves the purpose of this section. Toward this end, the
12202sufficiency review of the state land planning agency shall
12203concentrate on whether the evaluation and appraisal report
12204sufficiently fulfills the components of subsection (2). If the
12205state land planning agency determines that the report is
12206insufficient, the governing body shall adopt a revision of the
12207report and submit the revised report for review pursuant to
12208subsection (6).
12209     (8)  The state land planning agency may delegate the review
12210of evaluation and appraisal reports, including all state land
12211planning agency duties under subsections (4)-(7), to the
12212appropriate regional planning council. When the review has been
12213delegated to a regional planning council, any local government
12214in the region may elect to have its report reviewed by the
12215regional planning council rather than the state land planning
12216agency. The state land planning agency shall by agreement
12217provide for uniform and adequate review of reports and shall
12218retain oversight for any delegation of review to a regional
12219planning council.
12220     (9)  The state land planning agency may establish a phased
12221schedule for adoption of reports. The schedule shall provide
12222each local government at least 7 years from plan adoption or
12223last established adoption date for a report and shall allot
12224approximately one-seventh of the reports to any 1 year. In order
12225to allow the municipalities to use data and analyses gathered by
12226the counties, the state land planning agency shall schedule
12227municipal report adoption dates between 1 year and 18 months
12228later than the report adoption date for the county in which
12229those municipalities are located. A local government may adopt
12230its report no earlier than 90 days prior to the established
12231adoption date. Small municipalities which were scheduled by
12232chapter 9J-33, Florida Administrative Code, to adopt their
12233evaluation and appraisal report after February 2, 1999, shall be
12234rescheduled to adopt their report together with the other
12235municipalities in their county as provided in this subsection.
12236     (10)  The governing body shall amend its comprehensive plan
12237based on the recommendations in the report and shall update the
12238comprehensive plan based on the components of subsection (2),
12239pursuant to the provisions of ss. 163.3184, 163.3187, and
12240163.3189. Amendments to update a comprehensive plan based on the
12241evaluation and appraisal report shall be adopted during a single
12242amendment cycle within 18 months after the report is determined
12243to be sufficient by the state land planning agency, except the
12244state land planning agency may grant an extension for adoption
12245of a portion of such amendments. The state land planning agency
12246may grant a 6-month extension for the adoption of such
12247amendments if the request is justified by good and sufficient
12248cause as determined by the agency. An additional extension may
12249also be granted if the request will result in greater
12250coordination between transportation and land use, for the
12251purposes of improving Florida's transportation system, as
12252determined by the agency in coordination with the Metropolitan
12253Planning Organization program. Beginning July 1, 2006, failure
12254to timely adopt and transmit update amendments to the
12255comprehensive plan based on the evaluation and appraisal report
12256shall result in a local government being prohibited from
12257adopting amendments to the comprehensive plan until the
12258evaluation and appraisal report update amendments have been
12259adopted and transmitted to the state land planning agency. The
12260prohibition on plan amendments shall commence when the update
12261amendments to the comprehensive plan are past due. The
12262comprehensive plan as amended shall be in compliance as defined
12263in s. 163.3184(1)(b). Within 6 months after the effective date
12264of the update amendments to the comprehensive plan, the local
12265government shall provide to the state land planning agency and
12266to all agencies designated by rule a complete copy of the
12267updated comprehensive plan.
12268     (11)  The Administration Commission may impose the
12269sanctions provided by s. 163.3184(11) against any local
12270government that fails to adopt and submit a report, or that
12271fails to implement its report through timely and sufficient
12272amendments to its local plan, except for reasons of excusable
12273delay or valid planning reasons agreed to by the state land
12274planning agency or found present by the Administration
12275Commission. Sanctions for untimely or insufficient plan
12276amendments shall be prospective only and shall begin after a
12277final order has been issued by the Administration Commission and
12278a reasonable period of time has been allowed for the local
12279government to comply with an adverse determination by the
12280Administration Commission through adoption of plan amendments
12281that are in compliance. The state land planning agency may
12282initiate, and an affected person may intervene in, such a
12283proceeding by filing a petition with the Division of
12284Administrative Hearings, which shall appoint an administrative
12285law judge and conduct a hearing pursuant to ss. 120.569 and
12286120.57(1) and shall submit a recommended order to the
12287Administration Commission. The affected local government shall
12288be a party to any such proceeding. The commission may implement
12289this subsection by rule.
12290     (12)  The state land planning agency shall not adopt rules
12291to implement this section, other than procedural rules.
12292     (13)  The state land planning agency shall regularly review
12293the evaluation and appraisal report process and submit a report
12294to the Governor, the Administration Commission, the Speaker of
12295the House of Representatives, the President of the Senate, and
12296the respective community affairs committees of the Senate and
12297the House of Representatives. The first report shall be
12298submitted by December 31, 2004, and subsequent reports shall be
12299submitted every 5 years thereafter. At least 9 months before the
12300due date of each report, the Commissioner of Economic
12301Opportunity Secretary of Community Affairs shall appoint a
12302technical committee of at least 15 members to assist in the
12303preparation of the report. The membership of the technical
12304committee shall consist of representatives of local governments,
12305regional planning councils, the private sector, and
12306environmental organizations. The report shall assess the
12307effectiveness of the evaluation and appraisal report process.
12308     (14)  The requirement of subsection (10) prohibiting a
12309local government from adopting amendments to the local
12310comprehensive plan until the evaluation and appraisal report
12311update amendments have been adopted and transmitted to the state
12312land planning agency does not apply to a plan amendment proposed
12313for adoption by the appropriate local government as defined in
12314s. 163.3178(2)(k) in order to integrate a port comprehensive
12315master plan with the coastal management element of the local
12316comprehensive plan as required by s. 163.3178(2)(k) if the port
12317comprehensive master plan or the proposed plan amendment does
12318not cause or contribute to the failure of the local government
12319to comply with the requirements of the evaluation and appraisal
12320report.
12321     Section 204.  Section 215.559, Florida Statutes, is amended
12322to read:
12323     215.559  Hurricane Loss Mitigation Program.-
12324     (1)  There is created A Hurricane Loss Mitigation Program
12325is established within the Division of Emergency Management.
12326     (1)  The Legislature shall annually appropriate $10 million
12327of the moneys authorized for appropriation under s.
12328215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
12329division Department of Community Affairs for the purposes set
12330forth in this section. Of the amount:
12331     (2)(a)  Seven million dollars in funds provided in
12332subsection (1) shall be used for programs to improve the wind
12333resistance of residences and mobile homes, including loans,
12334subsidies, grants, demonstration projects, and direct
12335assistance; educating persons concerning the Florida Building
12336Code cooperative programs with local governments and the Federal
12337Government; and other efforts to prevent or reduce losses or
12338reduce the cost of rebuilding after a disaster.
12339     (b)  Three million dollars in funds provided in subsection
12340(1) shall be used to retrofit existing facilities used as public
12341hurricane shelters. Each year the division shall department must
12342prioritize the use of these funds for projects included in the
12343annual report of the September 1, 2000, version of the Shelter
12344Retrofit Report prepared in accordance with s. 252.385(3), and
12345each annual report thereafter. The division department must give
12346funding priority to projects in regional planning council
12347regions that have shelter deficits and to projects that maximize
12348the use of state funds.
12349     (2)(3)(a)  Forty percent of the total appropriation in
12350paragraph (1)(a) (2)(a) shall be used to inspect and improve
12351tie-downs for mobile homes.
12352     (b)1.  There is created The Manufactured Housing and Mobile
12353Home Mitigation and Enhancement Program is established. The
12354program shall require the mitigation of damage to or the
12355enhancement of homes for the areas of concern raised by the
12356Department of Highway Safety and Motor Vehicles in the 2004-2005
12357Hurricane Reports on the effects of the 2004 and 2005 hurricanes
12358on manufactured and mobile homes in this state. The mitigation
12359or enhancement must include, but need not be limited to,
12360problems associated with weakened trusses, studs, and other
12361structural components caused by wood rot or termite damage;
12362site-built additions; or tie-down systems and may also address
12363any other issues deemed appropriate by Tallahassee Community
12364College, the Federation of Manufactured Home Owners of Florida,
12365Inc., the Florida Manufactured Housing Association, and the
12366Department of Highway Safety and Motor Vehicles. The program
12367shall include an education and outreach component to ensure that
12368owners of manufactured and mobile homes are aware of the
12369benefits of participation.
12370     2.  The program shall be a grant program that ensures that
12371entire manufactured home communities and mobile home parks may
12372be improved wherever practicable. The moneys appropriated for
12373this program shall be distributed directly to Tallahassee
12374Community College for the uses set forth under this subsection.
12375     3.  Upon evidence of completion of the program, the
12376Citizens Property Insurance Corporation shall grant, on a pro
12377rata basis, actuarially reasonable discounts, credits, or other
12378rate differentials or appropriate reductions in deductibles for
12379the properties of owners of manufactured homes or mobile homes
12380on which fixtures or construction techniques that have been
12381demonstrated to reduce the amount of loss in a windstorm have
12382been installed or implemented. The discount on the premium must
12383be applied to subsequent renewal premium amounts. Premiums of
12384the Citizens Property Insurance Corporation must reflect the
12385location of the home and the fact that the home has been
12386installed in compliance with building codes adopted after
12387Hurricane Andrew. Rates resulting from the completion of the
12388Manufactured Housing and Mobile Home Mitigation and Enhancement
12389Program are not considered competitive rates for the purposes of
12390s. 627.351(6)(d)1. and 2.
12391     4.  On or before January 1 of each year, Tallahassee
12392Community College shall provide a report of activities under
12393this subsection to the Governor, the President of the Senate,
12394and the Speaker of the House of Representatives. The report must
12395set forth the number of homes that have taken advantage of the
12396program, the types of enhancements and improvements made to the
12397manufactured or mobile homes and attachments to such homes, and
12398whether there has been an increase in availability of insurance
12399products to owners of manufactured or mobile homes.
12400
12401Tallahassee Community College shall develop the programs set
12402forth in this subsection in consultation with the Federation of
12403Manufactured Home Owners of Florida, Inc., the Florida
12404Manufactured Housing Association, and the Department of Highway
12405Safety and Motor Vehicles. The moneys appropriated for the
12406programs set forth in this subsection shall be distributed
12407directly to Tallahassee Community College to be used as set
12408forth in this subsection.
12409     (3)(4)  Of moneys provided to the division Department of
12410Community Affairs in paragraph (1)(a) (2)(a), 10 percent shall
12411be allocated to the Florida International University center
12412dedicated to hurricane research. The center shall develop a
12413preliminary work plan approved by the advisory council set forth
12414in subsection (4) (5) to eliminate the state and local barriers
12415to upgrading existing mobile homes and communities, research and
12416develop a program for the recycling of existing older mobile
12417homes, and support programs of research and development relating
12418to hurricane loss reduction devices and techniques for site-
12419built residences. The State University System also shall consult
12420with the Department of Community Affairs and assist the division
12421department with the report required under subsection (6) (7).
12422     (4)(5)  Except for the programs set forth in subsection (3)
12423(4), the division Department of Community Affairs shall develop
12424the programs set forth in this section in consultation with an
12425advisory council consisting of a representative designated by
12426the Chief Financial Officer, a representative designated by the
12427Florida Home Builders Association, a representative designated
12428by the Florida Insurance Council, a representative designated by
12429the Federation of Manufactured Home Owners, a representative
12430designated by the Florida Association of Counties, and a
12431representative designated by the Florida Manufactured Housing
12432Association, and a representative designated by the Florida
12433Building Commission.
12434     (5)(6)  Moneys provided to the division Department of
12435Community Affairs under this section are intended to supplement,
12436not supplant, the division's other funding sources of the
12437Department of Community Affairs and may not supplant other
12438funding sources of the Department of Community Affairs.
12439     (6)(7)  On January 1st of each year, the division
12440Department of Community Affairs shall provide a full report and
12441accounting of activities under this section and an evaluation of
12442such activities to the Speaker of the House of Representatives,
12443the President of the Senate, and the Majority and Minority
12444Leaders of the House of Representatives and the Senate. Upon
12445completion of the report, the division Department of Community
12446Affairs shall deliver the report to the Office of Insurance
12447Regulation. The Office of Insurance Regulation shall review the
12448report and shall make such recommendations available to the
12449insurance industry as the Office of Insurance Regulation deems
12450appropriate. These recommendations may be used by insurers for
12451potential discounts or rebates pursuant to s. 627.0629. The
12452Office of Insurance Regulation shall make such the
12453recommendations within 1 year after receiving the report.
12454     (8)(a)  Notwithstanding any other provision of this section
12455and for the 2010-2011 fiscal year only, the $3 million
12456appropriation provided for in paragraph (2)(b) may be used for
12457hurricane shelters as identified in the General Appropriations
12458Act.
12459     (b)  This subsection expires June 30, 2011.
12460     (7)(9)  This section is repealed June 30, 2021 2011.
12461     Section 205.  Subsection (4) of section 290.044, Florida
12462Statutes, is amended to read:
12463     290.044  Florida Small Cities Community Development Block
12464Grant Program Fund; administration; distribution.-
12465     (4)  The department may set aside an amount of up to 5
12466percent of the funds annually for use in any eligible local
12467government jurisdiction for which an emergency or natural
12468disaster has been declared by executive order. Such funds may
12469only be provided to a local government to fund eligible
12470emergency-related activities for which no other source of
12471federal, state, or local disaster funds is available. The
12472department may provide for such set-aside by rule. In the last
12473quarter of the state fiscal year, any funds not allocated under
12474the emergency-related set-aside shall be used to fully fund any
12475applications which were partially funded due to inadequate funds
12476in the most recently completed neighborhood revitalization
12477category funding cycle, and then any remaining funds shall be
12478distributed to the next unfunded applications from the most
12479recent funding cycle.
12480     Section 206.  Subsection (2) of section 290.047, Florida
12481Statutes, is amended to read:
12482     290.047  Establishment of grant ceilings and maximum
12483administrative cost percentages; elimination of population bias;
12484loans in default.-
12485     (2)  The department shall establish grant ceilings for each
12486program category by rule. These ceilings shall bear some
12487relationship to an applicant's total population or its
12488population living below the federal poverty level. Population
12489ranges may be used in establishing these ceilings. In no case,
12490however, may a grant ceiling be set above $750,000 or below
12491$300,000.
12492     Section 207.  Paragraph (b) of subsection (5) of section
1249311.40, Florida Statutes, is amended to read:
12494     11.40  Legislative Auditing Committee.-
12495     (5)  Following notification by the Auditor General, the
12496Department of Financial Services, or the Division of Bond
12497Finance of the State Board of Administration of the failure of a
12498local governmental entity, district school board, charter
12499school, or charter technical career center to comply with the
12500applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or
12501s. 218.38, the Legislative Auditing Committee may schedule a
12502hearing. If a hearing is scheduled, the committee shall
12503determine if the entity should be subject to further state
12504action. If the committee determines that the entity should be
12505subject to further state action, the committee shall:
12506     (b)  In the case of a special district, notify the
12507Department of Financial Services Community Affairs that the
12508special district has failed to comply with the law. Upon receipt
12509of notification, the Department of Financial Services Community
12510Affairs shall proceed pursuant to the provisions specified in s.
12511189.421.
12512     Section 208.  Paragraph (c) of subsection (7) of section
1251311.45, Florida Statutes, is amended to read:
12514     11.45  Definitions; duties; authorities; reports; rules.-
12515     (7)  AUDITOR GENERAL REPORTING REQUIREMENTS.-
12516     (c)  The Auditor General shall provide annually a list of
12517those special districts which are not in compliance with s.
12518218.39 to the Special District Information Program of the
12519Department of Financial Services Community Affairs.
12520     Section 209.  Subsection (2) of section 11.905, Florida
12521Statutes, is amended to read:
12522     11.905  Schedule for reviewing state agencies and advisory
12523committees.-The following state agencies, including their
12524advisory committees, or the following advisory committees of
12525agencies shall be reviewed according to the following schedule:
12526     (2)  Reviewed by July 1, 2010:
12527     (a)  Department of Children and Family Services.
12528     (b)  Department of Community Affairs.
12529     (b)(c)  Department of Management Services.
12530     (c)(d)  Department of State.
12531
12532Upon completion of this cycle, each agency shall again be
12533subject to sunset review 10 years after its initial review.
12534     Section 210.  Paragraph (c) of subsection (3) of section
1253517.61, Florida Statutes, is amended to read:
12536     17.61  Chief Financial Officer; powers and duties in the
12537investment of certain funds.-
12538     (3)
12539     (c)  Except as provided in this paragraph and except for
12540moneys described in paragraph (d), the following agencies may
12541not invest trust fund moneys as provided in this section, but
12542shall retain such moneys in their respective trust funds for
12543investment, with interest appropriated to the General Revenue
12544Fund, pursuant to s. 17.57:
12545     1.  The Agency for Health Care Administration, except for
12546the Tobacco Settlement Trust Fund.
12547     2.  The Agency for Persons with Disabilities, except for:
12548     a.  The Federal Grants Trust Fund.
12549     b.  The Tobacco Settlement Trust Fund.
12550     3.  The Department of Children and Family Services, except
12551for:
12552     a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.
12553     b.  The Social Services Block Grant Trust Fund.
12554     c.  The Tobacco Settlement Trust Fund.
12555     d.  The Working Capital Trust Fund.
12556     4.  The Department of Community Affairs, only for the
12557Operating Trust Fund.
12558     4.5.  The Department of Corrections.
12559     5.6.  The Department of Elderly Affairs, except for:
12560     a.  The Federal Grants Trust Fund.
12561     b.  The Tobacco Settlement Trust Fund.
12562     6.7.  The Department of Health, except for:
12563     a.  The Federal Grants Trust Fund.
12564     b.  The Grants and Donations Trust Fund.
12565     c.  The Maternal and Child Health Block Grant Trust Fund.
12566     d.  The Tobacco Settlement Trust Fund.
12567     7.8.  The Department of Highway Safety and Motor Vehicles,
12568only for the Security Deposits Trust Fund.
12569     8.9.  The Department of Juvenile Justice.
12570     9.10.  The Department of Law Enforcement.
12571     10.11.  The Department of Legal Affairs.
12572     11.12.  The Department of State, only for:
12573     a.  The Grants and Donations Trust Fund.
12574     b.  The Records Management Trust Fund.
12575     12.13.  The Executive Office of the Governor, only for:
12576     a.  The Economic Development Transportation Trust Fund.
12577     b.  The Economic Development Trust Fund.
12578     13.14.  The Florida Public Service Commission, only for the
12579Florida Public Service Regulatory Trust Fund.
12580     14.15.  The Justice Administrative Commission.
12581     15.16.  The state courts system.
12582     Section 211.  Subsection (1) of section 20.181, Florida
12583Statutes, is amended to read:
12584     20.181  Federal Grants Trust Fund.-
12585     (1)  The Federal Grants Trust Fund is created within the
12586Department of Economic Opportunity Community Affairs.
12587     Section 212.  Section 68.096, Florida Statutes, is amended
12588to read:
12589     68.096  Definitions.-For purposes of ss. 68.094-68.105 this
12590act:
12591     (1)  "Department" means the Department of Economic
12592Opportunity Community Affairs.
12593     (2)  "Eligible client" means a person whose income is equal
12594to or below 150 percent of the then-current federal poverty
12595guidelines prescribed for the size of the household of the
12596person seeking assistance by the United States Department of
12597Health and Human Services or disabled veterans who are in
12598receipt of, or eligible to receive, Veterans Administration
12599pension benefits or supplemental security income.
12600     (3)  "Legal assistance" means the provision of civil legal
12601services consistent with the rules regulating The Florida Bar,
12602subject to the limitations in s. 68.098.
12603     (4)  "Not-for-profit legal aid organization" means a not-
12604for-profit organization operated in this state that provides as
12605its primary purpose civil legal services without charge to
12606eligible clients.
12607     Section 213.  Section 68.105, Florida Statutes, is amended
12608to read:
12609     68.105  Use of funds; reports.-All appropriations made for
12610the purposes of ss. 68.094-68.105 this act shall only be used
12611for legal education or assistance in family law, juvenile law,
12612entitlement to federal benefits, protection from domestic
12613violence, elder abuse, child abuse, or immigration law. These
12614funds shall not be used in criminal or postconviction relief
12615matters, for lobbying activities, to sue the state, its agencies
12616or political subdivisions, or colleges or universities, for
12617class action lawsuits, to provide legal assistance with respect
12618to noncriminal infractions pursuant to chapter 316, chapter 318,
12619chapter 320, or chapter 322, to contest regulatory decisions of
12620any municipal, county, or state administrative or legislative
12621body, or to file or assist in the filing of private causes of
12622action under federal or state statutes relating to or arising
12623out of employment or terms or conditions of employment. The
12624contracting organization shall require pilot projects to provide
12625data on the number of clients served, the types of cases, the
12626reasons the cases were closed, and the state dollars saved and
12627federal dollars brought into the state because of the legal
12628services provided. The contracting organization shall provide to
12629the department of Community Affairs, within 60 days of the
12630completion of the contract, a report on the legal services
12631provided, the state dollars saved, and the federal dollars
12632brought into the state.
12633     Section 214.  Paragraph (b) of subsection (4) of section
12634112.63, Florida Statutes, is amended to read:
12635     112.63  Actuarial reports and statements of actuarial
12636impact; review.-
12637     (4)  Upon receipt, pursuant to subsection (2), of an
12638actuarial report, or upon receipt, pursuant to subsection (3),
12639of a statement of actuarial impact, the Department of Management
12640Services shall acknowledge such receipt, but shall only review
12641and comment on each retirement system's or plan's actuarial
12642valuations at least on a triennial basis. If the department
12643finds that the actuarial valuation is not complete, accurate, or
12644based on reasonable assumptions or otherwise materially fails to
12645satisfy the requirements of this part, if the department
12646requires additional material information necessary to complete
12647its review of the actuarial valuation of a system or plan or
12648material information necessary to satisfy the duties of the
12649department pursuant to s. 112.665(1), or if the department does
12650not receive the actuarial report or statement of actuarial
12651impact, the department shall notify the administrator of the
12652affected retirement system or plan and the affected governmental
12653entity and request appropriate adjustment, the additional
12654material information, or the required report or statement. The
12655notification must inform the administrator of the affected
12656retirement system or plan and the affected governmental entity
12657of the consequences for failure to comply with the requirements
12658of this subsection. If, after a reasonable period of time, a
12659satisfactory adjustment is not made or the report, statement, or
12660additional material information is not provided, the department
12661may notify the Department of Revenue and the Department of
12662Financial Services of such noncompliance, in which case the
12663Department of Revenue and the Department of Financial Services
12664shall withhold any funds not pledged for satisfaction of bond
12665debt service which are payable to the affected governmental
12666entity until the adjustment is made or the report, statement, or
12667additional material information is provided to the department.
12668The department shall specify the date such action is to begin,
12669and notification by the department must be received by the
12670Department of Revenue, the Department of Financial Services, and
12671the affected governmental entity 30 days before the date the
12672action begins.
12673     (b)  In the case of an affected special district, the
12674Department of Management Services shall also notify the
12675Department of Financial Services Community Affairs. Upon receipt
12676of notification, the Department of Financial Services Community
12677Affairs shall proceed pursuant to the provisions of s. 189.421
12678with regard to the special district.
12679     Section 215.  Paragraph (e) of subsection (1) of section
12680112.665, Florida Statutes, is amended to read:
12681     112.665  Duties of Department of Management Services.-
12682     (1)  The Department of Management Services shall:
12683     (e)  Issue, by January 1 annually, a report to the Special
12684District Information Program of the Department of Financial
12685Services Community Affairs that includes the participation in
12686and compliance of special districts with the local government
12687retirement system provisions in s. 112.63 and the state-
12688administered retirement system provisions as specified in part I
12689of chapter 121; and
12690     Section 216.  Paragraph (d) of subsection (2) and paragraph
12691(f) of subsection (5) of section 119.071, Florida Statutes, are
12692amended to read:
12693     119.071  General exemptions from inspection or copying of
12694public records.-
12695     (2)  AGENCY INVESTIGATIONS.-
12696     (d)  Any information revealing surveillance techniques or
12697procedures or personnel is exempt from s. 119.07(1) and s.
1269824(a), Art. I of the State Constitution. Any comprehensive
12699inventory of state and local law enforcement resources compiled
12700pursuant to part I, chapter 23, and any comprehensive policies
12701or plans compiled by a criminal justice agency pertaining to the
12702mobilization, deployment, or tactical operations involved in
12703responding to an emergency emergencies, as defined in s.
12704252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
12705the State Constitution and unavailable for inspection, except by
12706personnel authorized by a state or local law enforcement agency,
12707the office of the Governor, the Department of Legal Affairs, the
12708Department of Law Enforcement, or the Division of Emergency
12709Management the Department of Community Affairs as having an
12710official need for access to the inventory or comprehensive
12711policies or plans.
12712     (5)  OTHER PERSONAL INFORMATION.-
12713     (f)  Medical history records and information related to
12714health or property insurance provided to the Department of
12715Economic Opportunity the Department of Community Affairs, the
12716Florida Housing Finance Corporation, a county, a municipality,
12717or a local housing finance agency by an applicant for or a
12718participant in a federal, state, or local housing assistance
12719program are confidential and exempt from s. 119.07(1) and s.
1272024(a), Art. I of the State Constitution. Governmental entities
12721or their agents shall have access to such confidential and
12722exempt records and information for the purpose of auditing
12723federal, state, or local housing programs or housing assistance
12724programs. Such confidential and exempt records and information
12725may be used in any administrative or judicial proceeding,
12726provided such records are kept confidential and exempt unless
12727otherwise ordered by a court.
12728     Section 217.  Subsection (4) of section 161.142, Florida
12729Statutes, is amended to read:
12730     161.142  Declaration of public policy relating to improved
12731navigation inlets.-The Legislature recognizes the need for
12732maintaining navigation inlets to promote commercial and
12733recreational uses of our coastal waters and their resources. The
12734Legislature further recognizes that inlets interrupt or alter
12735the natural drift of beach-quality sand resources, which often
12736results in these sand resources being deposited in nearshore
12737areas or in the inlet channel, or in the inland waterway
12738adjacent to the inlet, instead of providing natural nourishment
12739to the adjacent eroding beaches. Accordingly, the Legislature
12740finds it is in the public interest to replicate the natural
12741drift of sand which is interrupted or altered by inlets to be
12742replaced and for each level of government to undertake all
12743reasonable efforts to maximize inlet sand bypassing to ensure
12744that beach-quality sand is placed on adjacent eroding beaches.
12745Such activities cannot make up for the historical sand deficits
12746caused by inlets but shall be designed to balance the sediment
12747budget of the inlet and adjacent beaches and extend the life of
12748proximate beach-restoration projects so that periodic
12749nourishment is needed less frequently. Therefore, in furtherance
12750of this declaration of public policy and the Legislature's
12751intent to redirect and recommit the state's comprehensive beach
12752management efforts to address the beach erosion caused by
12753inlets, the department shall ensure that:
12754     (4)  The provisions of subsections (1) and (2) shall not be
12755a requirement imposed upon ports listed in s. 403.021(9)(b);
12756however, such ports must demonstrate reasonable effort to place
12757beach-quality sand from construction and maintenance dredging
12758and port-development projects on adjacent eroding beaches in
12759accordance with port master plans approved by the Department of
12760Economic Opportunity Community Affairs, and permits approved and
12761issued by the department, to ensure compliance with this
12762section. Ports may sponsor or cosponsor inlet management
12763projects that are fully eligible for state cost sharing.
12764     Section 218.  Subsection (10) of section 161.54, Florida
12765Statutes, is amended to read:
12766     161.54  Definitions.-In construing ss. 161.52-161.58:
12767     (10)  "State land planning agency" means the Department of
12768Economic Opportunity the Department of Community Affairs.
12769     Section 219.  Paragraph (g) of subsection (3) of section
12770163.06, Florida Statutes, is amended to read:
12771     163.06  Miami River Commission.-
12772     (3)  The policy committee shall have the following powers
12773and duties:
12774     (g)  Coordinate a joint planning area agreement between the
12775Department of Economic Opportunity Community Affairs, the city,
12776and the county under the provisions of s. 163.3177(11)(a), (b),
12777and (c).
12778     Section 220.  Paragraph (b) of subsection (6) of section
12779163.2517, Florida Statutes, is amended to read:
12780     163.2517  Designation of urban infill and redevelopment
12781area.-
12782     (6)
12783     (b)  If the local government fails to implement the urban
12784infill and redevelopment plan in accordance with the deadlines
12785set forth in the plan, the Department of Economic Opportunity
12786Community Affairs may seek to rescind the economic and
12787regulatory incentives granted to the urban infill and
12788redevelopment area, subject to the provisions of chapter 120.
12789The action to rescind may be initiated 90 days after issuing a
12790written letter of warning to the local government.
12791     Section 221.  Subsection (20) of section 163.3164, Florida
12792Statutes, is amended to read:
12793     163.3164  Local Government Comprehensive Planning and Land
12794Development Regulation Act; definitions.-As used in this act:
12795     (20)  "State land planning agency" means the Department of
12796Economic Opportunity the Department of Community Affairs.
12797     Section 222.  Paragraph (h) of subsection (6), subsection
12798(10), and paragraphs (d), (e), and (f) of subsection (11) of
12799section 163.3177, Florida Statutes, are amended to read:
12800     163.3177  Required and optional elements of comprehensive
12801plan; studies and surveys.-
12802     (6)  In addition to the requirements of subsections (1)-(5)
12803and (12), the comprehensive plan shall include the following
12804elements:
12805     (h)1.  An intergovernmental coordination element showing
12806relationships and stating principles and guidelines to be used
12807in coordinating the adopted comprehensive plan with the plans of
12808school boards, regional water supply authorities, and other
12809units of local government providing services but not having
12810regulatory authority over the use of land, with the
12811comprehensive plans of adjacent municipalities, the county,
12812adjacent counties, or the region, with the state comprehensive
12813plan and with the applicable regional water supply plan approved
12814pursuant to s. 373.709, as the case may require and as such
12815adopted plans or plans in preparation may exist. This element of
12816the local comprehensive plan must demonstrate consideration of
12817the particular effects of the local plan, when adopted, upon the
12818development of adjacent municipalities, the county, adjacent
12819counties, or the region, or upon the state comprehensive plan,
12820as the case may require.
12821     a.  The intergovernmental coordination element must provide
12822procedures for identifying and implementing joint planning
12823areas, especially for the purpose of annexation, municipal
12824incorporation, and joint infrastructure service areas.
12825     b.  The intergovernmental coordination element must provide
12826for recognition of campus master plans prepared pursuant to s.
128271013.30 and airport master plans under paragraph (k).
12828     c.  The intergovernmental coordination element shall
12829provide for a dispute resolution process, as established
12830pursuant to s. 186.509, for bringing intergovernmental disputes
12831to closure in a timely manner.
12832     d.  The intergovernmental coordination element shall
12833provide for interlocal agreements as established pursuant to s.
12834333.03(1)(b).
12835     2.  The intergovernmental coordination element shall also
12836state principles and guidelines to be used in coordinating the
12837adopted comprehensive plan with the plans of school boards and
12838other units of local government providing facilities and
12839services but not having regulatory authority over the use of
12840land. In addition, the intergovernmental coordination element
12841must describe joint processes for collaborative planning and
12842decisionmaking on population projections and public school
12843siting, the location and extension of public facilities subject
12844to concurrency, and siting facilities with countywide
12845significance, including locally unwanted land uses whose nature
12846and identity are established in an agreement. Within 1 year
12847after adopting their intergovernmental coordination elements,
12848each county, all the municipalities within that county, the
12849district school board, and any unit of local government service
12850providers in that county shall establish by interlocal or other
12851formal agreement executed by all affected entities, the joint
12852processes described in this subparagraph consistent with their
12853adopted intergovernmental coordination elements.
12854     3.  To foster coordination between special districts and
12855local general-purpose governments as local general-purpose
12856governments implement local comprehensive plans, each
12857independent special district must submit a public facilities
12858report to the appropriate local government as required by s.
12859189.415.
12860     4.  Local governments shall execute an interlocal agreement
12861with the district school board, the county, and nonexempt
12862municipalities pursuant to s. 163.31777. The local government
12863shall amend the intergovernmental coordination element to ensure
12864that coordination between the local government and school board
12865is pursuant to the agreement and shall state the obligations of
12866the local government under the agreement. Plan amendments that
12867comply with this subparagraph are exempt from the provisions of
12868s. 163.3187(1).
12869     5.  By January 1, 2004, any county having a population
12870greater than 100,000, and the municipalities and special
12871districts within that county, shall submit a report to the
12872Department of Community Affairs which identifies:
12873     a.   All existing or proposed interlocal service delivery
12874agreements relating to education; sanitary sewer; public safety;
12875solid waste; drainage; potable water; parks and recreation; and
12876transportation facilities.
12877     b.   Any deficits or duplication in the provision of
12878services within its jurisdiction, whether capital or
12879operational. Upon request, the Department of Community Affairs
12880shall provide technical assistance to the local governments in
12881identifying deficits or duplication.
12882     6.  Within 6 months after submission of the report, the
12883Department of Community Affairs shall, through the appropriate
12884regional planning council, coordinate a meeting of all local
12885governments within the regional planning area to discuss the
12886reports and potential strategies to remedy any identified
12887deficiencies or duplications.
12888     7.  Each local government shall update its
12889intergovernmental coordination element based upon the findings
12890in the report submitted pursuant to subparagraph 5. The report
12891may be used as supporting data and analysis for the
12892intergovernmental coordination element.
12893     (10)  The Legislature recognizes the importance and
12894significance of chapter 9J-5, Florida Administrative Code, the
12895Minimum Criteria for Review of Local Government Comprehensive
12896Plans and Determination of Compliance of the former Department
12897of Community Affairs that will be used to determine compliance
12898of local comprehensive plans. The Legislature reserved unto
12899itself the right to review chapter 9J-5, Florida Administrative
12900Code, and to reject, modify, or take no action relative to this
12901rule. Therefore, pursuant to subsection (9), the Legislature
12902hereby has reviewed chapter 9J-5, Florida Administrative Code,
12903and expresses the following legislative intent:
12904     (a)  The Legislature finds that in order for the department
12905to review local comprehensive plans, it is necessary to define
12906the term "consistency." Therefore, for the purpose of
12907determining whether local comprehensive plans are consistent
12908with the state comprehensive plan and the appropriate regional
12909policy plan, a local plan shall be consistent with such plans if
12910the local plan is "compatible with" and "furthers" such plans.
12911The term "compatible with" means that the local plan is not in
12912conflict with the state comprehensive plan or appropriate
12913regional policy plan. The term "furthers" means to take action
12914in the direction of realizing goals or policies of the state or
12915regional plan. For the purposes of determining consistency of
12916the local plan with the state comprehensive plan or the
12917appropriate regional policy plan, the state or regional plan
12918shall be construed as a whole and no specific goal and policy
12919shall be construed or applied in isolation from the other goals
12920and policies in the plans.
12921     (b)  Each local government shall review all the state
12922comprehensive plan goals and policies and shall address in its
12923comprehensive plan the goals and policies which are relevant to
12924the circumstances or conditions in its jurisdiction. The
12925decision regarding which particular state comprehensive plan
12926goals and policies will be furthered by the expenditure of a
12927local government's financial resources in any given year is a
12928decision which rests solely within the discretion of the local
12929government. Intergovernmental coordination, as set forth in
12930paragraph (6)(h), shall be utilized to the extent required to
12931carry out the provisions of chapter 9J-5, Florida Administrative
12932Code.
12933     (c)  The Legislature declares that if any portion of
12934chapter 9J-5, Florida Administrative Code, is found to be in
12935conflict with this part, the appropriate statutory provision
12936shall prevail.
12937     (d)  Chapter 9J-5, Florida Administrative Code, does not
12938mandate the creation, limitation, or elimination of regulatory
12939authority, nor does it authorize the adoption or require the
12940repeal of any rules, criteria, or standards of any local,
12941regional, or state agency.
12942     (e)  It is the Legislature's intent that support data or
12943summaries thereof shall not be subject to the compliance review
12944process, but the Legislature intends that goals and policies be
12945clearly based on appropriate data. The department may utilize
12946support data or summaries thereof to aid in its determination of
12947compliance and consistency. The Legislature intends that the
12948department may evaluate the application of a methodology
12949utilized in data collection or whether a particular methodology
12950is professionally accepted. However, the department shall not
12951evaluate whether one accepted methodology is better than
12952another. Chapter 9J-5, Florida Administrative Code, shall not be
12953construed to require original data collection by local
12954governments; however, local governments are not to be
12955discouraged from utilizing original data so long as
12956methodologies are professionally accepted.
12957     (f)  The Legislature recognizes that under this section,
12958local governments are charged with setting levels of service for
12959public facilities in their comprehensive plans in accordance
12960with which development orders and permits will be issued
12961pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
12962the authority of state, regional, or local agencies as otherwise
12963provided by law.
12964     (g)  Definitions contained in chapter 9J-5, Florida
12965Administrative Code, are not intended to modify or amend the
12966definitions utilized for purposes of other programs or rules or
12967to establish or limit regulatory authority. Local governments
12968may establish alternative definitions in local comprehensive
12969plans, as long as such definitions accomplish the intent of this
12970chapter, and chapter 9J-5, Florida Administrative Code.
12971     (h)  It is the intent of the Legislature that public
12972facilities and services needed to support development shall be
12973available concurrent with the impacts of such development in
12974accordance with s. 163.3180. In meeting this intent, public
12975facility and service availability shall be deemed sufficient if
12976the public facilities and services for a development are phased,
12977or the development is phased, so that the public facilities and
12978those related services which are deemed necessary by the local
12979government to operate the facilities necessitated by that
12980development are available concurrent with the impacts of the
12981development. The public facilities and services, unless already
12982available, are to be consistent with the capital improvements
12983element of the local comprehensive plan as required by paragraph
12984(3)(a) or guaranteed in an enforceable development agreement.
12985This shall include development agreements pursuant to this
12986chapter or in an agreement or a development order issued
12987pursuant to chapter 380. Nothing herein shall be construed to
12988require a local government to address services in its capital
12989improvements plan or to limit a local government's ability to
12990address any service in its capital improvements plan that it
12991deems necessary.
12992     (i)  The department shall take into account the factors
12993delineated in rule 9J-5.002(2), Florida Administrative Code, as
12994it provides assistance to local governments and applies the rule
12995in specific situations with regard to the detail of the data and
12996analysis required.
12997     (j)  Chapter 9J-5, Florida Administrative Code, has become
12998effective pursuant to subsection (9). The Legislature hereby
12999directs the department to adopt amendments as necessary which
13000conform chapter 9J-5, Florida Administrative Code, with the
13001requirements of this legislative intent by October 1, 1986.
13002     (k)  In order for local governments to prepare and adopt
13003comprehensive plans with knowledge of the rules that are applied
13004to determine consistency of the plans with this part, there
13005should be no doubt as to the legal standing of chapter 9J-5,
13006Florida Administrative Code, at the close of the 1986
13007legislative session. Therefore, the Legislature declares that
13008changes made to chapter 9J-5 before October 1, 1986, are not
13009subject to rule challenges under s. 120.56(2), or to drawout
13010proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
13011Florida Administrative Code, as amended, is subject to rule
13012challenges under s. 120.56(3), as nothing herein indicates
13013approval or disapproval of any portion of chapter 9J-5 not
13014specifically addressed herein. Any amendments to chapter 9J-5,
13015Florida Administrative Code, exclusive of the amendments adopted
13016prior to October 1, 1986, pursuant to this act, shall be subject
13017to the full chapter 120 process. All amendments shall have
13018effective dates as provided in chapter 120 and submission to the
13019President of the Senate and Speaker of the House of
13020Representatives shall not be required.
13021     (l)  The state land planning agency shall consider land use
13022compatibility issues in the vicinity of all airports in
13023coordination with the Department of Transportation and adjacent
13024to or in close proximity to all military installations in
13025coordination with the Department of Defense.
13026     (11)
13027     (d)1.  The department, in cooperation with the Department
13028of Agriculture and Consumer Services, the Department of
13029Environmental Protection, water management districts, and
13030regional planning councils, shall provide assistance to local
13031governments in the implementation of this paragraph and rule 9J-
130325.006(5)(l), Florida Administrative Code. Implementation of
13033those provisions shall include a process by which the department
13034may authorize local governments to designate all or portions of
13035lands classified in the future land use element as predominantly
13036agricultural, rural, open, open-rural, or a substantively
13037equivalent land use, as a rural land stewardship area within
13038which planning and economic incentives are applied to encourage
13039the implementation of innovative and flexible planning and
13040development strategies and creative land use planning
13041techniques, including those contained herein and in rule 9J-
130425.006(5)(l), Florida Administrative Code. Assistance may
13043include, but is not limited to:
13044     a.  Assistance from the Department of Environmental
13045Protection and water management districts in creating the
13046geographic information systems land cover database and aerial
13047photogrammetry needed to prepare for a rural land stewardship
13048area;
13049     b.  Support for local government implementation of rural
13050land stewardship concepts by providing information and
13051assistance to local governments regarding land acquisition
13052programs that may be used by the local government or landowners
13053to leverage the protection of greater acreage and maximize the
13054effectiveness of rural land stewardship areas; and
13055     c.  Expansion of the role of the Department of Community
13056Affairs as a resource agency to facilitate establishment of
13057rural land stewardship areas in smaller rural counties that do
13058not have the staff or planning budgets to create a rural land
13059stewardship area.
13060     2.  The department shall encourage participation by local
13061governments of different sizes and rural characteristics in
13062establishing and implementing rural land stewardship areas. It
13063is the intent of the Legislature that rural land stewardship
13064areas be used to further the following broad principles of rural
13065sustainability: restoration and maintenance of the economic
13066value of rural land; control of urban sprawl; identification and
13067protection of ecosystems, habitats, and natural resources;
13068promotion of rural economic activity; maintenance of the
13069viability of Florida's agricultural economy; and protection of
13070the character of rural areas of Florida. Rural land stewardship
13071areas may be multicounty in order to encourage coordinated
13072regional stewardship planning.
13073     3.  A local government, in conjunction with a regional
13074planning council, a stakeholder organization of private land
13075owners, or another local government, shall notify the department
13076in writing of its intent to designate a rural land stewardship
13077area. The written notification shall describe the basis for the
13078designation, including the extent to which the rural land
13079stewardship area enhances rural land values, controls urban
13080sprawl, provides necessary open space for agriculture and
13081protection of the natural environment, promotes rural economic
13082activity, and maintains rural character and the economic
13083viability of agriculture.
13084     4.  A rural land stewardship area shall be not less than
1308510,000 acres and shall be located outside of municipalities and
13086established urban growth boundaries, and shall be designated by
13087plan amendment. The plan amendment designating a rural land
13088stewardship area shall be subject to review by the Department of
13089Community Affairs pursuant to s. 163.3184 and shall provide for
13090the following:
13091     a.  Criteria for the designation of receiving areas within
13092rural land stewardship areas in which innovative planning and
13093development strategies may be applied. Criteria shall at a
13094minimum provide for the following: adequacy of suitable land to
13095accommodate development so as to avoid conflict with
13096environmentally sensitive areas, resources, and habitats;
13097compatibility between and transition from higher density uses to
13098lower intensity rural uses; the establishment of receiving area
13099service boundaries which provide for a separation between
13100receiving areas and other land uses within the rural land
13101stewardship area through limitations on the extension of
13102services; and connection of receiving areas with the rest of the
13103rural land stewardship area using rural design and rural road
13104corridors.
13105     b.  Goals, objectives, and policies setting forth the
13106innovative planning and development strategies to be applied
13107within rural land stewardship areas pursuant to the provisions
13108of this section.
13109     c.  A process for the implementation of innovative planning
13110and development strategies within the rural land stewardship
13111area, including those described in this subsection and rule 9J-
131125.006(5)(l), Florida Administrative Code, which provide for a
13113functional mix of land uses, including adequate available
13114workforce housing, including low, very-low and moderate income
13115housing for the development anticipated in the receiving area
13116and which are applied through the adoption by the local
13117government of zoning and land development regulations applicable
13118to the rural land stewardship area.
13119     d.  A process which encourages visioning pursuant to s.
13120163.3167(11) to ensure that innovative planning and development
13121strategies comply with the provisions of this section.
13122     e.  The control of sprawl through the use of innovative
13123strategies and creative land use techniques consistent with the
13124provisions of this subsection and rule 9J-5.006(5)(l), Florida
13125Administrative Code.
13126     5.  A receiving area shall be designated by the adoption of
13127a land development regulation. Prior to the designation of a
13128receiving area, the local government shall provide the state
13129land planning agency Department of Community Affairs a period of
1313030 days in which to review a proposed receiving area for
13131consistency with the rural land stewardship area plan amendment
13132and to provide comments to the local government. At the time of
13133designation of a stewardship receiving area, a listed species
13134survey will be performed. If listed species occur on the
13135receiving area site, the developer shall coordinate with each
13136appropriate local, state, or federal agency to determine if
13137adequate provisions have been made to protect those species in
13138accordance with applicable regulations. In determining the
13139adequacy of provisions for the protection of listed species and
13140their habitats, the rural land stewardship area shall be
13141considered as a whole, and the impacts to areas to be developed
13142as receiving areas shall be considered together with the
13143environmental benefits of areas protected as sending areas in
13144fulfilling this criteria.
13145     6.  Upon the adoption of a plan amendment creating a rural
13146land stewardship area, the local government shall, by ordinance,
13147establish the methodology for the creation, conveyance, and use
13148of transferable rural land use credits, otherwise referred to as
13149stewardship credits, the application of which shall not
13150constitute a right to develop land, nor increase density of
13151land, except as provided by this section. The total amount of
13152transferable rural land use credits within the rural land
13153stewardship area must enable the realization of the long-term
13154vision and goals for the 25-year or greater projected population
13155of the rural land stewardship area, which may take into
13156consideration the anticipated effect of the proposed receiving
13157areas. Transferable rural land use credits are subject to the
13158following limitations:
13159     a.  Transferable rural land use credits may only exist
13160within a rural land stewardship area.
13161     b.  Transferable rural land use credits may only be used on
13162lands designated as receiving areas and then solely for the
13163purpose of implementing innovative planning and development
13164strategies and creative land use planning techniques adopted by
13165the local government pursuant to this section.
13166     c.  Transferable rural land use credits assigned to a
13167parcel of land within a rural land stewardship area shall cease
13168to exist if the parcel of land is removed from the rural land
13169stewardship area by plan amendment.
13170     d.  Neither the creation of the rural land stewardship area
13171by plan amendment nor the assignment of transferable rural land
13172use credits by the local government shall operate to displace
13173the underlying density of land uses assigned to a parcel of land
13174within the rural land stewardship area; however, if transferable
13175rural land use credits are transferred from a parcel for use
13176within a designated receiving area, the underlying density
13177assigned to the parcel of land shall cease to exist.
13178     e.  The underlying density on each parcel of land located
13179within a rural land stewardship area shall not be increased or
13180decreased by the local government, except as a result of the
13181conveyance or use of transferable rural land use credits, as
13182long as the parcel remains within the rural land stewardship
13183area.
13184     f.  Transferable rural land use credits shall cease to
13185exist on a parcel of land where the underlying density assigned
13186to the parcel of land is utilized.
13187     g.  An increase in the density of use on a parcel of land
13188located within a designated receiving area may occur only
13189through the assignment or use of transferable rural land use
13190credits and shall not require a plan amendment.
13191     h.  A change in the density of land use on parcels located
13192within receiving areas shall be specified in a development order
13193which reflects the total number of transferable rural land use
13194credits assigned to the parcel of land and the infrastructure
13195and support services necessary to provide for a functional mix
13196of land uses corresponding to the plan of development.
13197     i.  Land within a rural land stewardship area may be
13198removed from the rural land stewardship area through a plan
13199amendment.
13200     j.  Transferable rural land use credits may be assigned at
13201different ratios of credits per acre according to the natural
13202resource or other beneficial use characteristics of the land and
13203according to the land use remaining following the transfer of
13204credits, with the highest number of credits per acre assigned to
13205the most environmentally valuable land or, in locations where
13206the retention of open space and agricultural land is a priority,
13207to such lands.
13208     k.  The use or conveyance of transferable rural land use
13209credits must be recorded in the public records of the county in
13210which the property is located as a covenant or restrictive
13211easement running with the land in favor of the county and either
13212the Department of Environmental Protection, Department of
13213Agriculture and Consumer Services, a water management district,
13214or a recognized statewide land trust.
13215     7.  Owners of land within rural land stewardship areas
13216should be provided incentives to enter into rural land
13217stewardship agreements, pursuant to existing law and rules
13218adopted thereto, with state agencies, water management
13219districts, and local governments to achieve mutually agreed upon
13220conservation objectives. Such incentives may include, but not be
13221limited to, the following:
13222     a.  Opportunity to accumulate transferable mitigation
13223credits.
13224     b.  Extended permit agreements.
13225     c.  Opportunities for recreational leases and ecotourism.
13226     d.  Payment for specified land management services on
13227publicly owned land, or property under covenant or restricted
13228easement in favor of a public entity.
13229     e.  Option agreements for sale to public entities or
13230private land conservation entities, in either fee or easement,
13231upon achievement of conservation objectives.
13232     8.  The department shall report to the Legislature on an
13233annual basis on the results of implementation of rural land
13234stewardship areas authorized by the department, including
13235successes and failures in achieving the intent of the
13236Legislature as expressed in this paragraph.
13237     (e)  The Legislature finds that mixed-use, high-density
13238development is appropriate for urban infill and redevelopment
13239areas. Mixed-use projects accommodate a variety of uses,
13240including residential and commercial, and usually at higher
13241densities that promote pedestrian-friendly, sustainable
13242communities. The Legislature recognizes that mixed-use, high-
13243density development improves the quality of life for residents
13244and businesses in urban areas. The Legislature finds that mixed-
13245use, high-density redevelopment and infill benefits residents by
13246creating a livable community with alternative modes of
13247transportation. Furthermore, the Legislature finds that local
13248zoning ordinances often discourage mixed-use, high-density
13249development in areas that are appropriate for urban infill and
13250redevelopment. The Legislature intends to discourage single-use
13251zoning in urban areas which often leads to lower-density, land-
13252intensive development outside an urban service area. Therefore,
13253the state land planning agency Department of Community Affairs
13254shall provide technical assistance to local governments in order
13255to encourage mixed-use, high-density urban infill and
13256redevelopment projects.
13257     (f)  The Legislature finds that a program for the transfer
13258of development rights is a useful tool to preserve historic
13259buildings and create public open spaces in urban areas. A
13260program for the transfer of development rights allows the
13261transfer of density credits from historic properties and public
13262open spaces to areas designated for high-density development.
13263The Legislature recognizes that high-density development is
13264integral to the success of many urban infill and redevelopment
13265projects. The Legislature intends to encourage high-density
13266urban infill and redevelopment while preserving historic
13267structures and open spaces. Therefore, the state land planning
13268agency Department of Community Affairs shall provide technical
13269assistance to local governments in order to promote the transfer
13270of development rights within urban areas for high-density infill
13271and redevelopment projects.
13272     Section 223.  Subsection (3) of section 163.3178, Florida
13273Statutes, is amended to read:
13274     163.3178  Coastal management.-
13275     (3)  Expansions to port harbors, spoil disposal sites,
13276navigation channels, turning basins, harbor berths, and other
13277related inwater harbor facilities of ports listed in s.
13278403.021(9); port transportation facilities and projects listed
13279in s. 311.07(3)(b); intermodal transportation facilities
13280identified pursuant to s. 311.09(3); and facilities determined
13281by the state land planning agency Department of Community
13282Affairs and applicable general-purpose local government to be
13283port-related industrial or commercial projects located within 3
13284miles of or in a port master plan area which rely upon the use
13285of port and intermodal transportation facilities shall not be
13286designated as developments of regional impact if such
13287expansions, projects, or facilities are consistent with
13288comprehensive master plans that are in compliance with this
13289section.
13290     Section 224.  Paragraph (b) of subsection (1) and paragraph
13291(g) of subsection (16) of section 163.3180, Florida Statutes, is
13292amended to read:
13293     163.3180  Concurrency.-
13294     (1)
13295     (b)  Local governments shall use professionally accepted
13296techniques for measuring level of service for automobiles,
13297bicycles, pedestrians, transit, and trucks. These techniques may
13298be used to evaluate increased accessibility by multiple modes
13299and reductions in vehicle miles of travel in an area or zone.
13300The Department of Transportation shall develop methodologies to
13301assist local governments in implementing this multimodal level-
13302of-service analysis. The state land planning agency Department
13303of Community Affairs and the Department of Transportation shall
13304provide technical assistance to local governments in applying
13305these methodologies.
13306     (16)  It is the intent of the Legislature to provide a
13307method by which the impacts of development on transportation
13308facilities can be mitigated by the cooperative efforts of the
13309public and private sectors. The methodology used to calculate
13310proportionate fair-share mitigation under this section shall be
13311as provided for in subsection (12).
13312     (g)  Except as provided in subparagraph (b)1., this section
13313may not prohibit the state land planning agency Department of
13314Community Affairs from finding other portions of the capital
13315improvements element amendments not in compliance as provided in
13316this chapter.
13317     Section 225.  Section 163.3204, Florida Statutes, is
13318amended to read:
13319     163.3204  Cooperation by state and regional agencies.-The
13320state land planning agency Department of Community Affairs and
13321any ad hoc working groups appointed by the department and all
13322state and regional agencies involved in the administration and
13323implementation of this act shall cooperate and work with units
13324of local government in the preparation and adoption of
13325comprehensive plans, or elements or portions thereof, and of
13326local land development regulations.
13327     Section 226.  Subsection (14) of section 163.3221, Florida
13328Statutes, is amended to read:
13329     163.3221  Florida Local Government Development Agreement
13330Act; definitions.-As used in ss. 163.3220-163.3243:
13331     (14)  "State land planning agency" means the Department of
13332Economic Opportunity the Department of Community Affairs.
13333     Section 227.  Subsection (1) of section 163.3246, Florida
13334Statutes, is amended to read:
13335     163.3246  Local government comprehensive planning
13336certification program.-
13337     (1)  There is created the Local Government Comprehensive
13338Planning Certification Program to be administered by the
13339Department of Economic Opportunity Community Affairs. The
13340purpose of the program is to create a certification process for
13341local governments who identify a geographic area for
13342certification within which they commit to directing growth and
13343who, because of a demonstrated record of effectively adopting,
13344implementing, and enforcing its comprehensive plan, the level of
13345technical planning experience exhibited by the local government,
13346and a commitment to implement exemplary planning practices,
13347require less state and regional oversight of the comprehensive
13348plan amendment process. The purpose of the certification area is
13349to designate areas that are contiguous, compact, and appropriate
13350for urban growth and development within a 10-year planning
13351timeframe. Municipalities and counties are encouraged to jointly
13352establish the certification area, and subsequently enter into
13353joint certification agreement with the department.
13354     Section 228.  Paragraphs (a) and (b) of subsection (5) of
13355section 163.3247, Florida Statutes, are amended to read:
13356     163.3247  Century Commission for a Sustainable Florida.-
13357     (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.-
13358     (a)  The Commissioner of Economic Opportunity Secretary of
13359Community Affairs shall select an executive director of the
13360commission, and the executive director shall serve at the
13361pleasure of the secretary under the supervision and control of
13362the commission.
13363     (b)  The Department of Economic Opportunity Community
13364Affairs shall provide staff and other resources necessary to
13365accomplish the goals of the commission based upon
13366recommendations of the Governor.
13367     Section 229.  Paragraph (c) of subsection (2) of section
13368163.336, Florida Statutes, is amended to read:
13369     163.336  Coastal resort area redevelopment pilot project.-
13370     (2)  PILOT PROJECT ADMINISTRATION.-
13371     (c)  The Office of the Governor, Department of
13372Environmental Protection, and the Department of Economic
13373Opportunity Community Affairs are directed to provide technical
13374assistance to expedite permitting for redevelopment projects and
13375construction activities within the pilot project areas
13376consistent with the principles, processes, and timeframes
13377provided in s. 403.973.
13378     Section 230.  Section 163.458, Florida Statutes, is amended
13379to read:
13380     163.458  Three-tiered plan.-The Department of Economic
13381Opportunity Community Affairs is authorized to award core
13382administrative and operating grants. Administrative and
13383operating grants shall be used for staff salaries and
13384administrative expenses for eligible community-based development
13385organizations selected through a competitive three-tiered
13386process for the purpose of housing and economic development
13387projects. The department shall adopt by rule a set of criteria
13388for three-tiered funding that shall ensure equitable geographic
13389distribution of the funding throughout the state. This three-
13390tiered plan shall include emerging, intermediate, and mature
13391community-based development organizations recognizing the
13392varying needs of the three tiers. Funding shall be provided for
13393core administrative and operating grants for all levels of
13394community-based development organizations. Priority shall be
13395given to those organizations that demonstrate community-based
13396productivity and high performance as evidenced by past projects
13397developed with stakeholder input that have responded to
13398neighborhood needs, and have current projects located in high-
13399poverty neighborhoods, and to emerging community-based
13400development corporations that demonstrate a positive need
13401identified by stakeholders. Persons, equipment, supplies, and
13402other resources funded in whole or in part by grant funds shall
13403be utilized to further the purposes of this act, and may be
13404utilized to further the goals and objectives of the Front Porch
13405Florida Initiative. Each community-based development
13406organization shall be eligible to apply for a grant of up to
13407$50,000 per year for a period of 5 years.
13408     Section 231.  Section 163.460, Florida Statutes, is amended
13409to read:
13410     163.460  Application requirements.-A community-based
13411development organization applying for a core administrative and
13412operating grant pursuant to this act must submit a proposal to
13413the Department of Economic Opportunity Community Affairs that
13414includes:
13415     (1)  A map and narrative description of the service areas
13416for the community-based development organization.
13417     (2)  A copy of the documents creating the community-based
13418development organization.
13419     (3)  A listing of the membership of the board of the
13420community-based development organization, including individual
13421members' terms of office and the number of low-income residents
13422on the board.
13423     (4)  The organization's annual revitalization plan that
13424describes the expenditure of the funds, including goals,
13425objectives, and expected results, and has a clear relationship
13426to the local municipality's comprehensive plan.
13427     (5)  Other supporting information that may be required by
13428the Department of Economic Opportunity Community Affairs to
13429determine the organization's capacity and productivity.
13430     (6)  A description of the location, financing plan, and
13431potential impact of the business enterprises on residential,
13432commercial, or industrial development, that shows a clear
13433relationship to the organization's annual revitalization plan
13434and demonstrates how the proposed expenditures are directly
13435related to the scope of work for the proposed projects in the
13436annual revitalization plan.
13437     Section 232.  Section 163.461, Florida Statutes, is amended
13438to read:
13439     163.461  Reporting and evaluation requirements.-Community-
13440based development organizations that receive funds under this
13441act shall provide the following information to the Department of
13442Economic Opportunity Community Affairs annually:
13443     (1)  A listing of business firms and individuals assisted
13444by the community-based development organization during the
13445reporting period.
13446     (2)  A listing of the type, source, purpose, and amount of
13447each individual grant, loan, or donation received by the
13448community-based development organization during the reporting
13449period.
13450     (3)  The number of paid and voluntary positions within the
13451community-based development organization.
13452     (4)  A listing of the salaries and administrative and
13453operating expenses of the community-based development
13454organization.
13455     (5)  An identification and explanation of changes in the
13456boundaries of the target area.
13457     (6)  The amount of earned income from projects, programs,
13458and development activities.
13459     (7)  The number and description of projects in
13460predevelopment phase, projects under construction, ongoing
13461service programs, construction projects completed, and projects
13462at sell-out or lease-up and property management phase, and a
13463written explanation of the reasons that caused any projects not
13464to be completed for the projected development phase.
13465     (8)  The impact of the projects, as a result of receiving
13466funding under this act, on residents in the target area, and the
13467relationship of this impact to expected outcomes listed in the
13468organization's annual revitalization plan.
13469     (9)  The number of housing units rehabilitated or
13470constructed at various stages of development, predevelopment
13471phase, construction phase, completion and sell-out or lease-up
13472phase, and condominium or property management phase by the
13473community-based development organization within the service area
13474during the reporting period.
13475     (10)  The number of housing units, number of projects, and
13476number of persons served by prior projects developed by the
13477organization, the amounts of project financing leverage with
13478state funds for each prior and current project, and the
13479incremental amounts of local and state real estate tax and sales
13480tax revenue generated directly by the projects and programs
13481annually.
13482     (11)  The number of jobs, both permanent and temporary,
13483received by individuals who were directly assisted by the
13484community-based development organization through assistance to
13485the business such as a loan or other credit assistance.
13486     (12)  An identification and explanation of changes in the
13487boundaries of the service area.
13488     (13)  The impact of completed projects on residents in the
13489target area and the relationship of this impact to expected
13490outcomes listed in the organization's annual revitalization
13491plan.
13492     (14)  Such other information as the Department of Economic
13493Opportunity Community Affairs requires.
13494     Section 233.  Section 163.462, Florida Statutes, is amended
13495to read:
13496     163.462  Rulemaking authority.-The Department of Economic
13497Opportunity Community Affairs shall adopt rules for the
13498administration of this act.
13499     Section 234.  Subsection (1) of section 163.5055, Florida
13500Statutes, is amended to read:
13501     163.5055  Registration of district establishment; notice of
13502dissolution.-
13503     (1)(a)  Each neighborhood improvement district authorized
13504and established under this part shall within 30 days thereof
13505register with both the Department of Economic Opportunity
13506Community Affairs and the Department of Legal Affairs by
13507providing these departments with the district's name, location,
13508size, and type, and such other information as the departments
13509may require.
13510     (b)  Each local governing body which authorizes the
13511dissolution of a district shall notify both the Department of
13512Economic Opportunity Community Affairs and the Department of
13513Legal Affairs within 30 days after the dissolution of the
13514district.
13515     Section 235.  Paragraph (h) of subsection (1) of section
13516163.506, Florida Statutes, is amended to read:
13517     163.506  Local government neighborhood improvement
13518districts; creation; advisory council; dissolution.-
13519     (1)  After a local planning ordinance has been adopted
13520authorizing the creation of local government neighborhood
13521improvement districts, the local governing body of a
13522municipality or county may create local government neighborhood
13523improvement districts by the enactment of a separate ordinance
13524for each district, which ordinance:
13525     (h)  Requires the district to notify the Department of
13526Legal Affairs and the Department of Economic Opportunity
13527Community Affairs in writing of its establishment within 30 days
13528thereof pursuant to s. 163.5055.
13529     Section 236.  Paragraph (g) of subsection (1) of section
13530163.508, Florida Statutes, is amended to read:
13531     163.508  Property owners' association neighborhood
13532improvement districts; creation; powers and duties; duration.-
13533     (1)  After a local planning ordinance has been adopted
13534authorizing the creation of property owners' association
13535neighborhood improvement districts, the local governing body of
13536a municipality or county may create property owners' association
13537neighborhood improvement districts by the enactment of a
13538separate ordinance for each district, which ordinance:
13539     (g)  Requires the district to notify the Department of
13540Legal Affairs and the Department of Economic Opportunity
13541Community Affairs in writing of its establishment within 30 days
13542thereof pursuant to s. 163.5055.
13543     Section 237.  Paragraph (i) of subsection (1) of section
13544163.511, Florida Statutes, is amended to read:
13545     163.511  Special neighborhood improvement districts;
13546creation; referendum; board of directors; duration; extension.-
13547     (1)  After a local planning ordinance has been adopted
13548authorizing the creation of special neighborhood improvement
13549districts, the governing body of a municipality or county may
13550declare the need for and create special residential or business
13551neighborhood improvement districts by the enactment of a
13552separate ordinance for each district, which ordinance:
13553     (i)  Requires the district to notify the Department of
13554Legal Affairs and the Department of Economic Opportunity
13555Community Affairs in writing of its establishment within 30 days
13556thereof pursuant to s. 163.5055.
13557     Section 238.  Paragraph (i) of subsection (1) of section
13558163.512, Florida Statutes, is amended to read:
13559     163.512  Community redevelopment neighborhood improvement
13560districts; creation; advisory council; dissolution.-
13561     (1)  Upon the recommendation of the community redevelopment
13562agency and after a local planning ordinance has been adopted
13563authorizing the creation of community redevelopment neighborhood
13564improvement districts, the local governing body of a
13565municipality or county may create community redevelopment
13566neighborhood improvement districts by the enactment of a
13567separate ordinance for each district, which ordinance:
13568     (i)  Requires the district to notify the Department of
13569Legal Affairs and the Department of Economic Opportunity
13570Community Affairs in writing of its establishment within 30 days
13571thereof pursuant to s. 163.5055.
13572     Section 239.  Subsection (6) of section 165.031, Florida
13573Statutes, is amended to read:
13574     165.031  Definitions.-The following terms and phrases, when
13575used in this chapter, shall have the meanings ascribed to them
13576in this section, except where the context clearly indicates a
13577different meaning:
13578     (6)  "Department" means the Department of Economic
13579Opportunity Community Affairs.
13580     Section 240.  Subsection (1) of section 171.204, Florida
13581Statutes, is amended to read:
13582     171.204  Prerequisites to annexation under this part.-The
13583interlocal service boundary agreement may describe the character
13584of land that may be annexed under this part and may provide that
13585the restrictions on the character of land that may be annexed
13586pursuant to part I are not restrictions on land that may be
13587annexed pursuant to this part. As determined in the interlocal
13588service boundary agreement, any character of land may be
13589annexed, including, but not limited to, an annexation of land
13590not contiguous to the boundaries of the annexing municipality,
13591an annexation that creates an enclave, or an annexation where
13592the annexed area is not reasonably compact; however, such area
13593must be "urban in character" as defined in s. 171.031(8). The
13594interlocal service boundary agreement may not allow for
13595annexation of land within a municipality that is not a party to
13596the agreement or of land that is within another county. Before
13597annexation of land that is not contiguous to the boundaries of
13598the annexing municipality, an annexation that creates an
13599enclave, or an annexation of land that is not currently served
13600by water or sewer utilities, one of the following options must
13601be followed:
13602     (1)  The municipality shall transmit a comprehensive plan
13603amendment that proposes specific amendments relating to the
13604property anticipated for annexation to the Department of
13605Economic Opportunity Community Affairs for review under chapter
13606163. After considering the department's review, the municipality
13607may approve the annexation and comprehensive plan amendment
13608concurrently. The local government must adopt the annexation and
13609the comprehensive plan amendment as separate and distinct
13610actions but may take such actions at a single public hearing; or
13611     Section 241.  Subsection (4) of section 189.403, Florida
13612Statutes, is amended to read:
13613     189.403  Definitions.-As used in this chapter, the term:
13614     (4)  "Department" means the Department of Financial
13615Services Community Affairs.
13616     Section 242.  Subsection (1) of section 189.4035, Florida
13617Statutes, is amended to read:
13618     189.4035  Preparation of official list of special
13619districts.-
13620     (1)  The department of Community Affairs shall compile the
13621official list of special districts. The official list of special
13622districts shall include all special districts in this state and
13623shall indicate the independent or dependent status of each
13624district. All special districts in the list shall be sorted by
13625county. The definitions in s. 189.403 shall be the criteria for
13626determination of the independent or dependent status of each
13627special district on the official list. The status of community
13628development districts shall be independent on the official list
13629of special districts.
13630     Section 243.  Section 189.412, Florida Statutes, is amended
13631to read:
13632     189.412  Special District Information Program; duties and
13633responsibilities.-The Special District Information Program of
13634the department of Community Affairs is created and has the
13635following special duties:
13636     (1)  The collection and maintenance of special district
13637noncompliance status reports from the Department of Management
13638Services, the Department of Financial Services, the Division of
13639Bond Finance of the State Board of Administration, and the
13640Auditor General for the reporting required in ss. 112.63,
13641218.32, 218.38, and 218.39. The noncompliance reports must list
13642those special districts that did not comply with the statutory
13643reporting requirements.
13644     (2)  The maintenance of a master list of independent and
13645dependent special districts which shall be available on the
13646department's website.
13647     (3)  The publishing and updating of a "Florida Special
13648District Handbook" that contains, at a minimum:
13649     (a)  A section that specifies definitions of special
13650districts and status distinctions in the statutes.
13651     (b)  A section or sections that specify current statutory
13652provisions for special district creation, implementation,
13653modification, dissolution, and operating procedures.
13654     (c)  A section that summarizes the reporting requirements
13655applicable to all types of special districts as provided in ss.
13656189.417 and 189.418.
13657     (4)  When feasible, securing and maintaining access to
13658special district information collected by all state agencies in
13659existing or newly created state computer systems.
13660     (5)  The facilitation of coordination and communication
13661among state agencies regarding special district information.
13662     (6)  The conduct of studies relevant to special districts.
13663     (7)  The provision of assistance related to and appropriate
13664in the performance of requirements specified in this chapter,
13665including assisting with an annual conference sponsored by the
13666Florida Association of Special Districts or its successor.
13667     (8)  Providing assistance to local general-purpose
13668governments and certain state agencies in collecting delinquent
13669reports or information, helping special districts comply with
13670reporting requirements, declaring special districts inactive
13671when appropriate, and, when directed by the Legislative Auditing
13672Committee, initiating enforcement provisions as provided in ss.
13673189.4044, 189.419, and 189.421.
13674     Section 244.  Section 189.413, Florida Statutes, is amended
13675to read:
13676     189.413  Special districts; oversight of state funds use.-
13677Any state agency administering funding programs for which
13678special districts are eligible shall be responsible for
13679oversight of the use of such funds by special districts. The
13680oversight responsibilities shall include, but not be limited to:
13681     (1)  Reporting the existence of the program to the Special
13682District Information Program of the department of Community
13683Affairs.
13684     (2)  Submitting annually a list of special districts
13685participating in a state funding program to the Special District
13686Information Program of the department of Community Affairs. This
13687list must indicate the special districts, if any, that are not
13688in compliance with state funding program requirements.
13689     Section 245.  Section 189.425, Florida Statutes, is amended
13690to read:
13691     189.425  Rulemaking authority.-The department of Community
13692Affairs may adopt rules to implement the provisions of this
13693chapter.
13694     Section 246.  Section 189.427, Florida Statutes, is amended
13695to read:
13696     189.427  Fee schedule; Operating Trust Fund.-The department
13697of Community Affairs, by rule, shall establish a schedule of
13698fees to pay one-half of the costs incurred by the department in
13699administering this act, except that the fee may not exceed $175
13700per district per year. The fees collected under this section
13701shall be deposited in the Operating Trust Fund, which shall be
13702administered by the department of Community Affairs. Any fee
13703rule must consider factors such as the dependent and independent
13704status of the district and district revenues for the most recent
13705fiscal year as reported to the Department of Financial Services.
13706The department may assess fines of not more than $25, with an
13707aggregate total not to exceed $50, as penalties against special
13708districts that fail to remit required fees to the department. It
13709is the intent of the Legislature that general revenue funds will
13710be made available to the department to pay one-half of the cost
13711of administering this act.
13712     Section 247.  Subsection (2) of section 190.009, Florida
13713Statutes, is amended to read:
13714     190.009  Disclosure of public financing.-
13715     (2)  The Department of Financial Services Community Affairs
13716shall keep a current list of districts and their disclosures
13717pursuant to this act and shall make such studies and reports and
13718take such actions as it deems necessary.
13719     Section 248.  Section 190.047, Florida Statutes, is amended
13720to read:
13721     190.047  Incorporation or annexation of district.-
13722     (1)  Upon attaining the population standards for
13723incorporation contained in s. 165.061 and as determined by the
13724Department of Financial Services Community Affairs, any district
13725wholly contained within the unincorporated area of a county that
13726also meets the other requirements for incorporation contained in
13727s. 165.061 shall hold a referendum at a general election on the
13728question of whether to incorporate. However, any district
13729contiguous to the boundary of a municipality may be annexed to
13730such municipality pursuant to the provisions of chapter 171.
13731     (2)  The Department of Financial Services Community Affairs
13732shall annually monitor the status of the district for purposes
13733of carrying out the provisions of this section.
13734     Section 249.  Subsection (1) of section 191.009, Florida
13735Statutes, is amended to read:
13736     191.009  Taxes; non-ad valorem assessments; impact fees and
13737user charges.-
13738     (1)  AD VALOREM TAXES.-An elected board may levy and assess
13739ad valorem taxes on all taxable property in the district to
13740construct, operate, and maintain district facilities and
13741services, to pay the principal of, and interest on, general
13742obligation bonds of the district, and to provide for any sinking
13743or other funds established in connection with such bonds. An ad
13744valorem tax levied by the board for operating purposes,
13745exclusive of debt service on bonds, may not exceed 3.75 mills
13746unless a higher amount has been previously authorized by law,
13747subject to a referendum as required by the State Constitution
13748and this act. The ballot question on such referendum shall state
13749the currently authorized millage rate and the year of its
13750approval by referendum. The levy of ad valorem taxes pursuant to
13751this section must be approved by referendum called by the board
13752when the proposed levy of ad valorem taxes exceeds the amount
13753authorized by prior special act, general law of local
13754application, or county ordinance approved by referendum. Nothing
13755in this act shall require a referendum on the levy of ad valorem
13756taxes in an amount previously authorized by special act, general
13757law of local application, or county ordinance approved by
13758referendum. Such tax shall be assessed, levied, and collected in
13759the same manner as county taxes. The levy of ad valorem taxes
13760approved by referendum shall be reported within 60 days after
13761the vote to the Department of Financial Services Community
13762Affairs.
13763     Section 250.  Section 191.015, Florida Statutes, is amended
13764to read:
13765     191.015  Codification.-Each fire control district existing
13766on the effective date of this section, by December 1, 2004,
13767shall submit to the Legislature a draft codified charter, at its
13768expense, so that its special acts may be codified into a single
13769act for reenactment by the Legislature, if there is more than
13770one special act for the district. The Legislature may adopt a
13771schedule for individual district codification. Any codified act
13772relating to a district, which act is submitted to the
13773Legislature for reenactment, shall provide for the repeal of all
13774prior special acts of the Legislature relating to the district.
13775The codified act shall be filed with the Department of Financial
13776Services Community Affairs pursuant to s. 189.418(2).
13777     Section 251.  Paragraph (c) of subsection (1) and paragraph
13778(a) of subsection (10) of section 201.15, Florida Statutes, as
13779amended by chapter 2010-153, Laws of Florida, are amended to
13780read:
13781     201.15  Distribution of taxes collected.-All taxes
13782collected under this chapter are subject to the service charge
13783imposed in s. 215.20(1). Prior to distribution under this
13784section, the Department of Revenue shall deduct amounts
13785necessary to pay the costs of the collection and enforcement of
13786the tax levied by this chapter. Such costs and the service
13787charge may not be levied against any portion of taxes pledged to
13788debt service on bonds to the extent that the costs and service
13789charge are required to pay any amounts relating to the bonds.
13790After distributions are made pursuant to subsection (1), all of
13791the costs of the collection and enforcement of the tax levied by
13792this chapter and the service charge shall be available and
13793transferred to the extent necessary to pay debt service and any
13794other amounts payable with respect to bonds authorized before
13795January 1, 2010, secured by revenues distributed pursuant to
13796subsection (1). All taxes remaining after deduction of costs and
13797the service charge shall be distributed as follows:
13798     (1)  Sixty-three and thirty-one hundredths percent of the
13799remaining taxes shall be used for the following purposes:
13800     (c)  After the required payments under paragraphs (a) and
13801(b), the remainder shall be paid into the State Treasury to the
13802credit of:
13803     1.  The State Transportation Trust Fund in the Department
13804of Transportation in the amount of the lesser of 38.2 percent of
13805the remainder or $541.75 million in each fiscal year, to be used
13806for the following specified purposes, notwithstanding any other
13807law to the contrary:
13808     a.  For the purposes of capital funding for the New Starts
13809Transit Program, authorized by Title 49, U.S.C. s. 5309 and
13810specified in s. 341.051, 10 percent of these funds;
13811     b.  For the purposes of the Small County Outreach Program
13812specified in s. 339.2818, 5 percent of these funds. Effective
13813July 1, 2014, the percentage allocated under this sub-
13814subparagraph shall be increased to 10 percent;
13815     c.  For the purposes of the Strategic Intermodal System
13816specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
13817of these funds after allocating for the New Starts Transit
13818Program described in sub-subparagraph a. and the Small County
13819Outreach Program described in sub-subparagraph b.; and
13820     d.  For the purposes of the Transportation Regional
13821Incentive Program specified in s. 339.2819, 25 percent of these
13822funds after allocating for the New Starts Transit Program
13823described in sub-subparagraph a. and the Small County Outreach
13824Program described in sub-subparagraph b. Effective July 1, 2014,
13825the first $60 million of the funds allocated pursuant to this
13826sub-subparagraph shall be allocated annually to the Florida Rail
13827Enterprise for the purposes established in s. 341.303(5).
13828     2.  The Grants and Donations Trust Fund in the Department
13829of Economic Opportunity the Department of Community Affairs in
13830the amount of the lesser of .23 percent of the remainder or
13831$3.25 million in each fiscal year, with 92 percent to be used to
13832fund technical assistance to local governments and school boards
13833on the requirements and implementation of this act and the
13834remaining amount to be used to fund the Century Commission
13835established in s. 163.3247.
13836     3.  The Ecosystem Management and Restoration Trust Fund in
13837the amount of the lesser of 2.12 percent of the remainder or $30
13838million in each fiscal year, to be used for the preservation and
13839repair of the state's beaches as provided in ss. 161.091-
13840161.212.
13841     4.  General Inspection Trust Fund in the amount of the
13842lesser of .02 percent of the remainder or $300,000 in each
13843fiscal year to be used to fund oyster management and restoration
13844programs as provided in s. 379.362(3).
13845
13846Moneys distributed pursuant to this paragraph may not be pledged
13847for debt service unless such pledge is approved by referendum of
13848the voters.
13849     (10)  The lesser of 8.66 percent of the remaining taxes or
13850$136 million in each fiscal year shall be paid into the State
13851Treasury to the credit of the State Housing Trust Fund and used
13852as follows:
13853     (a)  Twelve and one-half percent of that amount shall be
13854deposited into the State Housing Trust Fund and be expended by
13855the Department of Economic Opportunity the Department of
13856Community Affairs and by the Florida Housing Finance Corporation
13857for the purposes for which the State Housing Trust Fund was
13858created and exists by law.
13859     Section 252.  Paragraph (j) of subsection (4) of section
13860215.5586, Florida Statutes, is amended to read:
13861     215.5586  My Safe Florida Home Program.-There is
13862established within the Department of Financial Services the My
13863Safe Florida Home Program. The department shall provide fiscal
13864accountability, contract management, and strategic leadership
13865for the program, consistent with this section. This section does
13866not create an entitlement for property owners or obligate the
13867state in any way to fund the inspection or retrofitting of
13868residential property in this state. Implementation of this
13869program is subject to annual legislative appropriations. It is
13870the intent of the Legislature that the My Safe Florida Home
13871Program provide trained and certified inspectors to perform
13872inspections for owners of site-built, single-family, residential
13873properties and grants to eligible applicants as funding allows.
13874The program shall develop and implement a comprehensive and
13875coordinated approach for hurricane damage mitigation that may
13876include the following:
13877     (4)  ADVISORY COUNCIL.-There is created an advisory council
13878to provide advice and assistance to the department regarding
13879administration of the program. The advisory council shall
13880consist of:
13881     (j)  The director of the Florida Division of Emergency
13882Management.
13883
13884Members appointed under paragraphs (a)-(d) shall serve at the
13885pleasure of the Financial Services Commission. Members appointed
13886under paragraphs (e) and (f) shall serve at the pleasure of the
13887appointing officer. All other members shall serve ex officio as
13888voting ex officio members. Members of the advisory council shall
13889serve without compensation but may receive reimbursement as
13890provided in s. 112.061 for per diem and travel expenses incurred
13891in the performance of their official duties.
13892     Section 253.  Section 215.55865, Florida Statutes, is
13893amended to read:
13894     215.55865  Uniform home grading scale.-The Financial
13895Services Commission shall adopt a uniform home grading scale to
13896grade the ability of a home to withstand the wind load from a
13897sustained severe tropical storm or hurricane. The commission
13898shall coordinate with the Office of Insurance Regulation, the
13899Department of Financial Services, and the Department of Economic
13900Opportunity Community Affairs in developing the grading scale,
13901which must be based upon and consistent with the rating system
13902required by chapter 2006-12, Laws of Florida. The commission
13903shall adopt the uniform grading scale by rule no later than June
1390430, 2007.
13905     Section 254.  Subsection (1) of section 215.5588, Florida
13906Statutes, is amended to read:
13907     215.5588  Florida Disaster Recovery Program.-
13908     (1)  The Department of Economic Opportunity Department of
13909Community Affairs shall implement the 2006 Disaster Recovery
13910Program from funds provided through the Emergency Supplemental
13911Appropriations Act for Defense, the Global War on Terror, and
13912Hurricane Recovery, 2006, for the purpose of assisting local
13913governments in satisfying disaster recovery needs in the areas
13914of low-income housing and infrastructure, with a primary focus
13915on the hardening of single-family and multifamily housing units,
13916not only to ensure that affordable housing can withstand the
13917effects of hurricane-force winds, but also to mitigate the
13918increasing costs of insurance, which may ultimately render
13919existing affordable homes unaffordable or uninsurable. This
13920section does not create an entitlement for local governments or
13921property owners or obligate the state in any way to fund
13922disaster recovery needs.
13923     Section 255.  Subsection (2) of section 218.32, Florida
13924Statutes, is amended to read:
13925     218.32  Annual financial reports; local governmental
13926entities.-
13927     (2)  The department shall annually by December 1 file a
13928verified report with the Governor, the Legislature, the Auditor
13929General, and the Special District Information Program of the
13930Department of Financial Services Community Affairs showing the
13931revenues, both locally derived and derived from
13932intergovernmental transfers, and the expenditures of each local
13933governmental entity, regional planning council, local government
13934finance commission, and municipal power corporation that is
13935required to submit an annual financial report. The report must
13936include, but is not limited to:
13937     (a)  The total revenues and expenditures of each local
13938governmental entity that is a component unit included in the
13939annual financial report of the reporting entity.
13940     (b)  The amount of outstanding long-term debt by each local
13941governmental entity. For purposes of this paragraph, the term
13942"long-term debt" means any agreement or series of agreements to
13943pay money, which, at inception, contemplate terms of payment
13944exceeding 1 year in duration.
13945     Section 256.  Paragraph (g) of subsection (1) of section
13946218.37, Florida Statutes, is amended to read:
13947     218.37  Powers and duties of Division of Bond Finance;
13948advisory council.-
13949     (1)  The Division of Bond Finance of the State Board of
13950Administration, with respect to both general obligation bonds
13951and revenue bonds, shall:
13952     (g)  By January 1 each year, provide the Special District
13953Information Program of the Department of Financial Services
13954Community Affairs with a list of special districts that are not
13955in compliance with the requirements in s. 218.38.
13956     Section 257.  Paragraph (c) of subsection (1) of section
13957218.411, Florida Statutes, is amended to read:
13958     218.411  Authorization for state technical and advisory
13959assistance.-
13960     (1)  The board is authorized, upon request, to assist local
13961governments in investing funds that are temporarily in excess of
13962operating needs by:
13963     (c)  Providing, in cooperation with the Department of
13964Financial Services Community Affairs, technical assistance to
13965local governments in investment of surplus funds.
13966     Section 258.  Paragraph (d) of subsection (2) and paragraph
13967(e) of subsection (4) of section 220.183, Florida Statutes, are
13968amended to read:
13969     220.183  Community contribution tax credit.-
13970     (2)  ELIGIBILITY REQUIREMENTS.-
13971     (d)  The project shall be located in an area designated as
13972an enterprise zone or a Front Porch Florida Community pursuant
13973to s. 20.18(6). Any project designed to construct or
13974rehabilitate housing for low-income or very-low-income
13975households as defined in s. 420.9071(19) and (28) is exempt from
13976the area requirement of this paragraph. This section does not
13977preclude projects that propose to construct or rehabilitate
13978housing for low-income or very-low-income households on
13979scattered sites. Any project designed to provide increased
13980access to high-speed broadband capabilities which includes
13981coverage of a rural enterprise zone may locate the project's
13982infrastructure in any area of a rural county.
13983     (4)  ADMINISTRATION.-
13984     (e)  The Department of Economic Opportunity The Office of
13985Tourism, Trade, and Economic Development shall, in consultation
13986with the Department of Community Affairs, the Florida Housing
13987Finance Corporation, and the statewide and regional housing and
13988financial intermediaries, shall market the availability of the
13989community contribution tax credit program to community-based
13990organizations.
13991     Section 259.  Section 252.34, Florida Statutes, is amended
13992to read:
13993     252.34  Definitions.-As used in this part ss. 252.31-
13994252.60, the term:
13995     (1)  "Disaster" means any natural, technological, or civil
13996emergency that causes damage of sufficient severity and
13997magnitude to result in a declaration of a state of emergency by
13998a county, the Governor, or the President of the United States.
13999Disasters are shall be identified by the severity of resulting
14000damage, as follows:
14001     (a)  "Catastrophic disaster" means a disaster that will
14002require massive state and federal assistance, including
14003immediate military involvement.
14004     (b)  "Major disaster" means a disaster that will likely
14005exceed local capabilities and require a broad range of state and
14006federal assistance.
14007     (c)  "Minor disaster" means a disaster that is likely to be
14008within the response capabilities of local government and to
14009result in only a minimal need for state or federal assistance.
14010     (2)  "Division" means the Division of Emergency Management
14011of the Executive Office of the Governor of the Department of
14012Community Affairs, or the successor to that division.
14013     (3)  "Emergency" means any occurrence, or threat thereof,
14014whether natural, technological, or manmade, in war or in peace,
14015which results or may result in substantial injury or harm to the
14016population or substantial damage to or loss of property.
14017     (4)  "Emergency management" means the preparation for, the
14018mitigation of, the response to, and the recovery from
14019emergencies and disasters. Specific emergency management
14020responsibilities include, but are not limited to:
14021     (a)  Reduction of vulnerability of people and communities
14022of this state to damage, injury, and loss of life and property
14023resulting from natural, technological, or manmade emergencies or
14024hostile military or paramilitary action.
14025     (b)  Preparation for prompt and efficient response and
14026recovery to protect lives and property affected by emergencies.
14027     (c)  Response to emergencies using all systems, plans, and
14028resources necessary to preserve adequately the health, safety,
14029and welfare of persons or property affected by the emergency.
14030     (d)  Recovery from emergencies by providing for the rapid
14031and orderly start of restoration and rehabilitation of persons
14032and property affected by emergencies.
14033     (e)  Provision of an emergency management system embodying
14034all aspects of preemergency preparedness and postemergency
14035response, recovery, and mitigation.
14036     (f)  Assistance in anticipation, recognition, appraisal,
14037prevention, and mitigation of emergencies which may be caused or
14038aggravated by inadequate planning for, and regulation of, public
14039and private facilities and land use.
14040     (5)  "Local emergency management agency" means an
14041organization created in accordance with the provisions of ss.
14042252.31-252.90 to discharge the emergency management
14043responsibilities and functions of a political subdivision.
14044     (6)  "Manmade emergency" means an emergency caused by an
14045action against persons or society, including, but not limited
14046to, enemy attack, sabotage, terrorism, civil unrest, or other
14047action impairing the orderly administration of government.
14048     (7)  "Natural emergency" means an emergency caused by a
14049natural event, including, but not limited to, a hurricane, a
14050storm, a flood, severe wave action, a drought, or an earthquake.
14051     (8)  "Political subdivision" means any county or
14052municipality created pursuant to law.
14053     (9)  "Technological emergency" means an emergency caused by
14054a technological failure or accident, including, but not limited
14055to, an explosion, transportation accident, radiological
14056accident, or chemical or other hazardous material incident.
14057     Section 260.  Subsection (2) of section 252.355, Florida
14058Statutes, is amended to read:
14059     252.355  Registry of persons with special needs; notice.-
14060     (2)  The division Department of Community Affairs shall be
14061the designated lead agency responsible for community education
14062and outreach to the public, including special needs clients,
14063regarding registration and special needs shelters and general
14064information regarding shelter stays.
14065     Section 261.  Section 252.371, Florida Statutes, is amended
14066to read:
14067     252.371  Emergency Management, Preparedness, and Assistance
14068Trust Fund.-There is created the Emergency Management,
14069Preparedness, and Assistance Trust Fund to be administered by
14070the division Department of Community Affairs.
14071     Section 262.  Subsections (1) and (2) of section 252.373,
14072Florida Statutes, are amended to read:
14073     252.373  Allocation of funds; rules.-
14074     (1)  Funds appropriated from the Emergency Management,
14075Preparedness, and Assistance Trust Fund shall be allocated by
14076the division Department of Community Affairs for the following
14077purposes:
14078     (a)  To implement and administer state and local emergency
14079management programs, including administration, training, and
14080operations.
14081     (b)  For grants and loans to state or regional agencies,
14082local governments, and private organizations to implement
14083projects that will further state and local emergency management
14084objectives. These projects must include, but need not be limited
14085to, projects that will promote public education on disaster
14086preparedness and recovery issues, enhance coordination of relief
14087efforts of statewide private sector organizations, and improve
14088the training and operations capabilities of agencies assigned
14089lead or support responsibilities in the state comprehensive
14090emergency management plan, including the State Fire Marshal's
14091Office for coordinating the Florida fire services. The division
14092shall establish criteria and procedures for competitive
14093allocation of these funds by rule. No more than 5 percent of any
14094award made pursuant to this subparagraph may be used for
14095administrative expenses. This competitive criteria must give
14096priority consideration to hurricane evacuation shelter retrofit
14097projects.
14098     (c)  To meet any matching requirements imposed as a
14099condition of receiving federal disaster relief assistance.
14100     (2)  The division department shall allocate funds from the
14101Emergency Management, Preparedness, and Assistance Trust Fund to
14102local emergency management agencies and programs pursuant to
14103criteria specified in rule. Such rules shall include, but are
14104not limited to:
14105     (a)  Requiring that, at a minimum, a local emergency
14106management agency either:
14107     1.  Have a program director who works at least 40 hours a
14108week in that capacity; or
14109     2.  If the county has fewer than 75,000 population or is
14110party to an interjurisdictional emergency management agreement
14111entered into pursuant to s. 252.38(3)(b), that is recognized by
14112the Governor by executive order or rule, have an emergency
14113management coordinator who works at least 20 hours a week in
14114that capacity.
14115     (b)  Specifying a formula that establishes a base grant
14116allocation and weighted factors for funds to be allocated over
14117the base grant amount.
14118     (c)  Specifying match requirements.
14119     (d)  Preferential funding to provide incentives to counties
14120and municipalities to participate in mutual aid agreements.
14121     Section 263.  Subsection (5) of section 252.55, Florida
14122Statutes, is amended to read:
14123     252.55  Civil Air Patrol, Florida Wing.-
14124     (5)  The wing commander of the Florida Wing of the Civil
14125Air Patrol shall biennially furnish the Division Bureau of
14126Emergency Management a 2-year projection of the goals and
14127objectives of the Civil Air Patrol which shall be reported in
14128the division's biennial report submitted pursuant to s. 252.35.
14129     Section 264.  Subsection (4) of section 252.60, Florida
14130Statutes, is amended to read:
14131     252.60  Radiological emergency preparedness.-
14132     (4)  POWERS AND DUTIES.-In implementing the requirements of
14133this section, the director of the division secretary of the
14134department, or the director's secretary's designated
14135representative, shall:
14136     (a)  Negotiate and enter into such additional contracts and
14137arrangements among the division, appropriate counties, and each
14138operator to provide for the level of funding and the respective
14139roles of each in the development, preparation, testing, and
14140implementation of the plans.
14141     (b)  Evaluate and determine the adequacy of the plans based
14142upon consultations with the United States Nuclear Regulatory
14143Commission and other agencies, as appropriate, and upon the
14144results of such tests as may be conducted.
14145     (c)  Limited to such funding as is available based upon the
14146requirements of subsection (5), require the participation of
14147appropriate counties and operators in the development,
14148preparation, testing, or implementation of the plans as needed.
14149     (d)  Determine the reasonableness and adequacy of the
14150provisions, terms, and conditions of the plans and, in the event
14151the appropriate counties and the operators cannot agree, resolve
14152such differences and require compliance by the appropriate
14153counties and the operators with the plans. In resolving such
14154differences, the director secretary shall consider:
14155     1.  The requirements and parameters placed on the operators
14156by federal law and agencies;
14157     2.  The reasonableness and adequacy of the funding for
14158appropriate counties from any sources of funds other than local
14159revenue sources; and
14160     3.  The reasonableness and appropriateness of the costs to
14161the appropriate counties likely to be incurred in complying with
14162provisions, terms, and conditions of the plans.
14163     (e)  Receive, expend, and disburse such funds as are made
14164available by each licensee pursuant to this section.
14165     (f)  Limited to such funding as is available based upon the
14166requirements of subsection (5), coordinate all activities
14167undertaken pursuant to this section or required of appropriate
14168counties and operators by any federal or state agency.
14169     Section 265.  Section 252.61, Florida Statutes, is amended
14170to read:
14171     252.61  List of persons for contact relating to release of
14172toxic substances into atmosphere.-The Division of Emergency
14173Management Department of Community Affairs shall maintain a list
14174of contact persons after the survey pursuant to s. 403.771 is
14175completed.
14176     Section 266.  Section 252.82, Florida Statutes, is amended
14177to read:
14178     252.82  Definitions.-As used in this part, the term:
14179     (1)  "Commission" means the State Hazardous Materials
14180Emergency Response Commission created pursuant to s. 301 of
14181EPCRA.
14182     (2)  "Committee" means any local emergency planning
14183committee established in the state pursuant to s. 301 of EPCRA.
14184     (3)  "Division" means the Division of Emergency Management
14185of the Executive Office of the Governor.
14186     (3)  "Department" means the Department of Community
14187Affairs.
14188     (4)  "Facility" means facility as defined in s. 329 of
14189EPCRA. Vehicles placarded according to title 49 Code of Federal
14190Regulations are shall not be considered a facility except for
14191purposes of s. 304 of EPCRA.
14192     (5)  "Hazardous material" means any hazardous chemical,
14193toxic chemical, or extremely hazardous substance, as defined in
14194s. 329 of EPCRA.
14195     (6)  "EPCRA" means the Emergency Planning and Community
14196Right-to-Know Act of 1986, title III of the Superfund Amendments
14197and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300-
14198329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
14199adopted thereunder.
14200     (7)  "Trust fund" means the Operating Trust Fund of the
14201division Department of Community Affairs.
14202     Section 267.  Section 252.83, Florida Statutes, is amended
14203to read:
14204     252.83  Powers and duties of the division department.-
14205     (1)  The division department shall have the authority:
14206     (a)  To coordinate its activities under this part with its
14207other emergency management responsibilities, including its
14208responsibilities under part I of this chapter, and activities
14209and with the related activities of other agencies, keeping
14210separate accounts for all activities supported or partially
14211supported from the Operating Trust Fund.
14212     (b)  To make rules, with the advice and consent of the
14213commission, to implement this part.
14214     (2)  The division department shall provide administrative
14215support, including staff, facilities, materials, and services,
14216to the commission and shall provide funding to the committees to
14217enable the commission and the committees to perform their
14218functions under EPCRA and this part.
14219     (3)  The division department and the commission, to the
14220extent possible, shall use the emergency planning capabilities
14221of local governments to reduce duplication and paperwork to
14222achieve the intent of this part. It is the intent of the
14223Legislature that this part be implemented in the most cost-
14224efficient manner possible, with the least possible financial
14225impact on local government and the community.
14226     Section 268.  Subsections (1), (3), (4), and (5) of section
14227252.85, Florida Statutes, are amended to read:
14228     252.85  Fees.-
14229     (1)  Any owner or operator of a facility required under s.
14230302 or s. 312 of EPCRA, or by s. 252.87, to submit a
14231notification or an annual inventory form to the commission shall
14232be required to pay an annual registration fee. The fee for any
14233company, including all facilities under common ownership or
14234control, shall not be less than $25 nor more than $2,000. The
14235division department shall establish a reduced fee, of not less
14236than $25 nor more than $500, applicable to any owner or operator
14237regulated under part I of chapter 368, chapter 527, or s.
14238376.303, which does not have present any extremely hazardous
14239substance, as defined by EPCRA, in excess of a threshold
14240planning quantity, as established by EPCRA. The division
14241department shall establish a reduced fee of not less than $25
14242nor more than $1,000, applicable to any owner or operator of a
14243facility with a Standard Industrial Classification Code of 01,
1424402, or 07, which is eligible for the "routine agricultural use"
14245exemption provided in ss. 311 and 312 of EPCRA. The fee under
14246this subsection shall be based on the number of employees
14247employed within the state at facilities under the common
14248ownership or control of such owner or operator, which number
14249shall be determined, to the extent possible, in accordance with
14250data supplied by the Department of Economic Opportunity or the
14251Department of Revenue the Department of Labor and Employment
14252Security. In order to avoid the duplicative reporting of
14253seasonal and temporary agricultural employees, fees applicable
14254to owners or operators of agricultural facilities, which are
14255eligible for the "routine agricultural use" reporting exemption
14256provided in ss. 311 and 312 of EPCRA, shall be based on employee
14257data which most closely reflects such owner or operator's
14258permanent nonseasonal workforce. The division department shall
14259establish by rule the date by which the fee is to be paid, as
14260well as a formula or method of determining the applicable fee
14261under this subsection without regard to the number of facilities
14262under common ownership or control. The division department may
14263require owners or operators of multiple facilities to
14264demonstrate common ownership or control for purposes of this
14265subsection.
14266     (3)  Any owner or operator of a facility that is required
14267to submit a report or filing under s. 313 of EPCRA shall pay an
14268annual reporting fee not to exceed $150 for those s. 313 EPCRA
14269listed substances in effect on January 1, 2005. The division
14270department shall establish by rule the date by which the fee is
14271to be paid, as well as a formula or method of determining the
14272applicable fee under this subsection.
14273     (4)(a)  The division department may assess a late fee for
14274the failure to submit a report or filing that substantially
14275complies with the requirements of EPCRA or s. 252.87 by the
14276specified date or for failure to pay any fee, including any late
14277fee, required by this section. This late fee shall be in
14278addition to the fee otherwise imposed pursuant to this section.
14279If the division department elects to impose a late fee, it shall
14280provide the owner or operator with a written notice that
14281identifies the specific requirements which have not been met and
14282advises of its intent to assess a late fee.
14283     (b)  The division department may impose a late fee, subject
14284to the limitations set forth below:
14285     1.  If the report, filing, or fee is submitted within 30
14286days after the receipt of the division's department's notice, no
14287late fee may be assessed.
14288     2.  If the report, filing, or fee is not submitted within
1428930 days after the receipt of the division's department's notice,
14290the division department may impose a late fee in an amount equal
14291to the amount of the annual registration fee, filing fee, or s.
14292313 fee due, not to exceed $2,000.
14293     3.  If the report, filing, or fee is not submitted within
1429490 days after the receipt of the division's department's notice,
14295the division department may issue a second notice. If the
14296report, filing, or fee is not submitted within 30 days after
14297receipt of the division's department's second notice, the
14298division department may assess a second late fee in an amount
14299equal to twice the amount of the annual registration fee, filing
14300fee, or s. 313 fee due, not to exceed $4,000.
14301     4.  The division department may consider, but is not
14302limited to considering, the following factors in assessing late
14303fees: good faith attempt to comply; history of noncompliance;
14304ability to pay or continue in business; threat to health and
14305safety posed by noncompliance; and degree of culpability.
14306     (5)  The division department shall establish by rule the
14307dates by which the fee is to be paid, as well as a formula or
14308method of determining the facility registration fee and late
14309fee.
14310     Section 269.  Subsections (1) and (3) of section 252.86,
14311Florida Statutes, are amended to read:
14312     252.86  Penalties and remedies.-
14313     (1)  The owner or operator of a facility, an employer, or
14314any other person submitting written information pursuant to
14315EPCRA or this part to the commission, a committee, or a fire
14316department shall be liable for a civil penalty of $5,000 for
14317each item of information in the submission that is false, if
14318such person knew or should have known the information was false
14319or if such person submitted the information with reckless
14320disregard of its truth or falsity. The division department may
14321institute a civil action in a court of competent jurisdiction to
14322impose and recover a civil penalty for the amount indicated in
14323this subsection. However, the court may receive evidence in
14324mitigation.
14325     (3)  Any provision of s. 325 or s. 326 of EPCRA which
14326creates a federal cause of action shall create a corresponding
14327cause of action under state law, with jurisdiction in the
14328circuit courts. Any provision of s. 325 or s. 326 of EPCRA which
14329imposes or authorizes the imposition of a civil penalty by the
14330Administrator of the Environmental Protection Agency, or which
14331creates a liability to the United States, shall impose or
14332authorize the imposition of such a penalty by the division
14333department or create such a liability to and for the benefit of
14334the state, to be paid into the Operating Trust Fund. Venue shall
14335be proper in the county where the violation occurred or where
14336the defendant has its principal place of business.
14337     Section 270.  Subsections (4) and (7) of section 252.87,
14338Florida Statutes, are amended to read:
14339     252.87  Supplemental state reporting requirements.-
14340     (4)  Each employer that owns or operates a facility in this
14341state at which hazardous materials are present in quantities at
14342or above the thresholds established under ss. 311(b) and 312(b)
14343of EPCRA shall comply with the reporting requirements of ss. 311
14344and 312 of EPCRA. Such employer shall also be responsible for
14345notifying the division department, the local emergency planning
14346committee, and the local fire department in writing within 30
14347days if there is a discontinuance or abandonment of the
14348employer's business activities that could affect any stored
14349hazardous materials.
14350     (7)  The division department shall avoid duplicative
14351reporting requirements by utilizing the reporting requirements
14352of other state agencies that regulate hazardous materials to the
14353extent feasible and shall request the information authorized
14354under EPCRA. With the advice and consent of the State Emergency
14355Response Commission for Hazardous Materials, the division
14356department may require by rule that the maximum daily amount
14357entry on the chemical inventory report required under s. 312 of
14358EPCRA provide for reporting in estimated actual amounts. The
14359division department may also require by rule an entry for the
14360Federal Employer Identification Number on this report. To the
14361extent feasible, the division department shall encourage and
14362accept required information in a form initiated through
14363electronic data interchange and shall describe by rule the
14364format, manner of execution, and method of electronic
14365transmission necessary for using such form. To the extent
14366feasible, the Department of Financial Services, the Department
14367of Agriculture and Consumer Services, the Department of
14368Environmental Protection, the Public Service Commission, the
14369Department of Revenue, the Department of Labor and Employment
14370Security, and other state agencies which regulate hazardous
14371materials shall coordinate with the division department in order
14372to avoid duplicative requirements contained in each agency's
14373respective reporting or registration forms. The other state
14374agencies that inspect facilities storing hazardous materials and
14375suppliers and distributors of covered substances shall assist
14376the division department in informing the facility owner or
14377operator of the requirements of this part. The division
14378department shall provide the other state agencies with the
14379necessary information and materials to inform the owners and
14380operators of the requirements of this part to ensure that the
14381budgets of these agencies are not adversely affected.
14382     Section 271.  Subsection (4) of section 252.88, Florida
14383Statutes, is amended to read:
14384     252.88  Public records.-
14385     (4)  The division department, the commission, and the
14386committees shall furnish copies of public records submitted
14387under EPCRA or this part, and may charge a fee of $1 per page
14388per person per year for over 25 pages of materials copied.
14389     Section 272.  Subsections (3), (8), (9), and (19) of
14390section 252.936, Florida Statutes, are amended to read:
14391     252.936  Definitions.-As used in this part, the term:
14392     (3)  "Audit" means a review of information at, a stationary
14393source subject to s. 112(r)(7), or submitted by, a stationary
14394source subject to s. 112(r)(7), to determine whether that
14395stationary source is in compliance with the requirements of this
14396part and rules adopted to administer implement this part. Audits
14397must include a review of the adequacy of the stationary source's
14398Risk Management Plan, may consist of reviews of information
14399submitted to the division department or the United States
14400Environmental Protection Agency to determine whether the plan is
14401complete or whether revisions to the plan are needed, and the
14402reviews may be conducted at the stationary source to confirm
14403that information onsite is consistent with reported information.
14404     (8)  "Division" means the Division of Emergency Management
14405in the Executive Office of the Governor. "Department" means the
14406Department of Community Affairs.
14407     (9)  "Inspection" means a review of information at a
14408stationary source subject to s. 112(r)(7), including
14409documentation and operating practices and access to the source
14410and to any area where an accidental release could occur, to
14411determine whether the stationary source is in compliance with
14412the requirements of this part or rules adopted to administer
14413implement this part.
14414     (19)  "Trust fund" means the Operating Trust Fund of the
14415established in the department's Division of Emergency
14416Management.
14417     Section 273.  Section 252.937, Florida Statutes, is amended
14418to read:
14419     252.937  Division Department powers and duties.-
14420     (1)  The division department has the power and duty to:
14421     (a)1.  Seek delegation from the United States Environmental
14422Protection Agency to implement the Accidental Release Prevention
14423Program under s. 112(r)(7) of the Clean Air Act and the federal
14424implementing regulations for specified sources subject to s.
14425112(r)(7) of the Clean Air Act. Implementation for all other
14426sources subject to s. 112(r)(7) of the Clean Air Act shall will
14427be performed by the United States Environmental Protection
14428Agency; and
14429     2.  Ensure the timely submission of Risk Management Plans
14430and any subsequent revisions of Risk Management Plans.
14431     (b)  Adopt, modify, and repeal rules, with the advice and
14432consent of the commission, necessary to obtain delegation from
14433the United States Environmental Protection Agency and to
14434administer the s. 112(r)(7) Accidental Release Prevention
14435Program in this state for the specified stationary sources with
14436no expansion or addition of the regulatory program.
14437     (c)  Make and execute contracts and other agreements
14438necessary or convenient to the implementation of this part.
14439     (d)  Coordinate its activities under this part with its
14440other emergency management responsibilities, including its
14441responsibilities and activities under parts I, II, and III of
14442this chapter and with the related activities of other state and
14443local agencies, keeping separate accounts for all activities
14444conducted under this part which are supported or partially
14445supported from the trust fund.
14446     (e)  Establish, with the advice and consent of the
14447commission, a technical assistance and outreach program on or
14448before January 31, 1999, to assist owners and operators of
14449specified stationary sources subject to s. 112(r)(7) in
14450complying with the reporting and fee requirements of this part.
14451This program is designed to facilitate and ensure timely
14452submission of proper certifications or compliance schedules and
14453timely submission and registration of Risk Management Plans and
14454revised registrations and Risk Management Plans if when required
14455for these sources.
14456     (f)  Make a quarterly report to the State Emergency
14457Response Commission on income and expenses for the state's
14458Accidental Release Prevention Program under this part.
14459     (2)  To ensure that this program is self-supporting, the
14460division department shall provide administrative support,
14461including staff, facilities, materials, and services to
14462implement this part for specified stationary sources subject to
14463s. 252.939 and shall provide necessary funding to local
14464emergency planning committees and county emergency management
14465agencies for work performed to implement this part. Each state
14466agency with regulatory, inspection, or technical assistance
14467programs for specified stationary sources subject to this part
14468shall enter into a memorandum of understanding with the division
14469department which specifically outlines how each agency's staff,
14470facilities, materials, and services will be used utilized to
14471support implementation. At a minimum, these agencies and
14472programs include: the Department of Environmental Protection
14473Protection's Division of Air Resources Management and Division
14474of Water Resource Management, and the Department of Labor and
14475Employment Security's Division of Safety. It is the
14476Legislature's intent to implement this part as efficiently and
14477economically as possible, using existing expertise and
14478resources, if available and appropriate.
14479     (3)  To prevent the duplication of investigative efforts
14480and resources, the division department, on behalf of the
14481commission, shall coordinate with any federal agencies or agents
14482thereof, including the federal Chemical Safety and Hazard
14483Investigation Board, or its successor, which are performing
14484accidental release investigations for specified stationary
14485sources, and may coordinate with any agencies of the state which
14486are performing accidental release investigations. This
14487accidental release investigation coordination is not intended to
14488limit or take the place of any individual agency accidental
14489release investigation under separate authority.
14490     (4)  To promote efficient administration of this program
14491and specified stationary sources, the only the division agency
14492which may seek delegation from the United States Environmental
14493Protection Agency for this program is the Florida Department of
14494Community Affairs. Further, the division may Florida Department
14495of Community Affairs shall not delegate this program to any
14496local environmental agency.
14497     Section 274.  Section 252.943, Florida Statutes, is amended
14498to read:
14499     252.943  Public records.-
14500     (1)  The division Department of Community Affairs shall
14501protect records, reports, or information or particular parts
14502thereof, other than release or emissions data, contained in a
14503risk management plan from public disclosure pursuant to ss.
14504112(r) and 114(c) of the federal Clean Air Act and authorities
14505cited therein, based upon a showing satisfactory to the
14506Administrator of the United States Environmental Protection
14507Agency, by any owner or operator of a stationary source subject
14508to the Accidental Release Prevention Program, that public
14509release of such records, reports, or information would divulge
14510methods or processes entitled to protection as trade secrets as
14511provided for in 40 C.F.R. part 2, subpart B. Such records,
14512reports, or information held by the division department are
14513confidential and exempt from the provisions of s. 119.07(1) and
14514s. 24(a), Art. I of the State Constitution, unless a final
14515determination has been made by the Administrator of the
14516Environmental Protection Agency that such records, reports, or
14517information are not entitled to trade secret protection, or
14518pursuant to an order of court.
14519     (2)  The division department shall protect records,
14520reports, or information or particular parts thereof, other than
14521release or emissions data, obtained from an investigation,
14522inspection, or audit from public disclosure pursuant to ss.
14523112(r) and 114(c) of the federal Clean Air Act and authorities
14524cited therein, based upon a showing satisfactory to the
14525Administrator of the United States Environmental Protection
14526Agency, by any owner or operator of a stationary source subject
14527to the Accidental Release Prevention Program, that public
14528release of such records, reports, or information would divulge
14529methods or processes entitled to protection as trade secrets as
14530provided for in 40 C.F.R. part 2, subpart B. Such records,
14531reports, or information held by the division department are
14532confidential and exempt from the provisions of s. 119.07(1) and
14533s. 24(a), Art. I of the State Constitution, unless a final
14534determination has been made by the Administrator of the
14535Environmental Protection Agency that such records, reports, or
14536information are not entitled to trade secret protection, or
14537pursuant to a court an order of court.
14538     Section 275.  Section 252.946, Florida Statutes, is amended
14539to read:
14540     252.946  Public records.-With regard to information
14541submitted to the United States Environmental Protection Agency
14542under this part or s. 112(r)(7), the division department of
14543Community Affairs, the State Hazardous Materials Emergency
14544Response Commission, and any local emergency planning committee
14545may assist persons in electronically accessing such information
14546held by the United States Environmental Protection Agency in its
14547centralized database. If requested, the division department, the
14548commission, or a committee may furnish copies of such United
14549States Environmental Protection Agency records.
14550     Section 276.  Subsections (3) and (4) of section 255.042,
14551Florida Statutes, are amended to read:
14552     255.042  Shelter in public buildings.-
14553     (3)  The Division of Emergency Management Department of
14554Community Affairs shall, in those cases in which the architect-
14555engineer firm does not possess the specialized training required
14556for the inclusion of fallout protection in building design and
14557upon request from the architect-engineer concerned or the
14558responsible state or local agency, provide, at no cost to the
14559architect-engineer or agency, professional development service
14560to increase fallout protection through shelter slanting and
14561cost-reduction techniques.
14562     (4)  Nothing in this section establishes act shall be
14563construed as establishing a mandatory requirement for the
14564incorporation of fallout shelter in the construction of,
14565modification of, or addition to the public buildings concerned.
14566It is mandatory, however, that the incorporation of such
14567protection be given every consideration through acceptable
14568shelter slanting and cost-reduction techniques. The responsible
14569state or local official shall determine whether cost, or other
14570related factors, precludes or makes impracticable the
14571incorporation of fallout shelter in public buildings. Further,
14572the Division of Emergency Management Department of Community
14573Affairs may waive the requirement for consideration of shelter
14574in those cases where presently available shelter spaces equal or
14575exceed the requirements of the area concerned.
14576     Section 277.  Subsection (4) of section 258.004, Florida
14577Statutes, is amended to read:
14578     258.004  Duties of division.-
14579     (4)  The Division of Recreation and Parks shall provide
14580consultation assistance to the Department of Community Affairs
14581and to local governing units as to the protection, organization,
14582and administration of local recreation systems and the planning
14583and design of local recreation areas and facilities.
14584     Section 278.  Paragraph (b) of subsection (3), paragraph
14585(b) of subsection (4), subsection (6), paragraph (a) of
14586subsection (7), and paragraph (c) of subsection (9) of section
14587258.501, Florida Statutes, are amended to read:
14588     258.501  Myakka River; wild and scenic segment.-
14589     (3)  DEFINITIONS.-As used in this section, the term:
14590     (b)  "Agreement" means the interagency operating agreement
14591between the department, the Department of Economic Opportunity
14592Community Affairs, and Sarasota County or the City of North
14593Port.
14594     (4)  DESIGNATION OF WILD AND SCENIC RIVER.-
14595     (b)  The governments of Sarasota County and the City of
14596North Port shall manage the Myakka River wild and scenic
14597protection zone under their existing authorities for
14598comprehensive planning, the regulation of land development
14599activities, and other necessary or appropriate ordinances and in
14600conformance with this section, the management plan required
14601under subsection (5), and the agreements adopted by the
14602department and the Department of Economic Opportunity Community
14603Affairs with the city and county pursuant to this section.
14604     (6)  AMENDMENT OF REGULATIONS AND COMPREHENSIVE PLANS.-
14605     (a)  Sarasota County and the City of North Port shall amend
14606their comprehensive plans so that the parts of such plans that
14607affect the wild and scenic protection zone conform to, or are
14608more stringent than, this section, the river management plan,
14609and management guidelines and performance standards to be
14610developed and contained within agreements to be adopted by the
14611department, the Department of Economic Opportunity Community
14612Affairs, and the city and county. The guidelines and performance
14613standards must be used by the department and the Department of
14614Economic Opportunity Community Affairs to review and monitor the
14615regulation of activities by the city and county in the wild and
14616scenic protection zone. Amendments to those comprehensive plans
14617must include specific policies and guidelines for minimizing
14618adverse impacts on resources in the river area and for managing
14619the wild and scenic protection zone in conformance with this
14620section, the river management plan, and the agreement. Such
14621comprehensive plans must be amended within 1 year after the
14622adoption date of the agreement, and thereafter, within 6 months
14623following an amendment to this section, the river management
14624plan, or the agreement, as may be necessary. For the purposes
14625established in this subsection, such amendments need not conform
14626to statutory or local ordinance limitations on the frequency of
14627consideration of amendments to local comprehensive plans.
14628     (b)  Sarasota County and the City of North Port shall adopt
14629or amend, within 1 year after the department and the Department
14630of Economic Opportunity Community Affairs adopt with the city
14631and with the county agreements for regulating activities in the
14632wild and scenic protection zone, any necessary ordinances and
14633land development regulations so that those ordinances and
14634regulations conform to the purposes of this section, the river
14635management plan, and the agreement. Thereafter, following any
14636amendment to this section, the river management plan, or the
14637agreement, the city and county must amend or adopt, within 1
14638year, appropriate ordinances and land development regulations to
14639maintain such local ordinances and regulations in conformance
14640with this section, the river management plan, and the agreement.
14641Those ordinances and regulations must provide that activities
14642must be prohibited, or must undergo review and either be denied
14643or permitted with or without conditions, so as to minimize
14644potential adverse physical and visual impacts on resource values
14645in the river area and to minimize adverse impacts on private
14646landowners' use of land for residential purposes. The resource
14647values of concern are those identified in this section and by
14648the coordinating council in the river management plan.
14649Activities which may be prohibited, subject to the agreement,
14650include, but are not limited to, landfills, clear cuttings,
14651major new infrastructure facilities, major activities that would
14652alter historic water or flood flows, multifamily residential
14653construction, commercial and industrial development, and mining
14654and major excavations. However, appurtenant structures for these
14655activities may be permitted if such structures do not have
14656adverse visual or measurable adverse environmental impacts to
14657resource values in the river area.
14658     (c)  If the Department of Economic Opportunity Community
14659Affairs determines that the local comprehensive plan or land
14660development regulations, as amended or supplemented by the local
14661government, are not in conformance with the purposes of this
14662section, the river management plan, and the agreement, the
14663Department of Economic Opportunity Community Affairs shall issue
14664a notice of intent to find the plan not in compliance and such
14665plan shall be subject to the administrative proceedings in
14666accordance with s. 163.3184.
14667     (7)  MANAGEMENT COORDINATING COUNCIL.-
14668     (a)  Upon designation, the department shall create a
14669permanent council to provide interagency and intergovernmental
14670coordination in the management of the river. The coordinating
14671council shall be composed of one representative appointed from
14672each of the following: the department, the Department of
14673Transportation, the Fish and Wildlife Conservation Commission,
14674the Department of Economic Opportunity Community Affairs, the
14675Division of Forestry of the Department of Agriculture and
14676Consumer Services, the Division of Historical Resources of the
14677Department of State, the Tampa Bay Regional Planning Council,
14678the Southwest Florida Water Management District, the Southwest
14679Florida Regional Planning Council, Manatee County, Sarasota
14680County, Charlotte County, the City of Sarasota, the City of
14681North Port, agricultural interests, environmental organizations,
14682and any others deemed advisable by the department.
14683     (9)  RULEMAKING AUTHORITY.-
14684     (c)  The department and the Department of Economic
14685Opportunity Community Affairs must enter into agreements with
14686the City of North Port and Sarasota County that provide for
14687guiding and monitoring the regulation of activities by the city
14688and county, in accordance with subsection (6). Such agreements
14689shall include guidelines and performance standards for
14690regulating proposed activities so as to minimize adverse
14691environmental and visual impacts of such activities on the
14692resource values in the river area, and to minimize adverse
14693impacts to landowners' use of land for residential purposes.
14694     Section 279.  Paragraph (b) of subsection (1) of section
14695259.035, Florida Statutes, is amended to read:
14696     259.035  Acquisition and Restoration Council.-
14697     (1)  There is created the Acquisition and Restoration
14698Council.
14699     (b)  The five remaining appointees shall be composed of the
14700Secretary of Environmental Protection, the director of the
14701Division of Forestry of the Department of Agriculture and
14702Consumer Services, the executive director of the Fish and
14703Wildlife Conservation Commission, the director of the Division
14704of Historical Resources of the Department of State, and the
14705Commissioner of Economic Opportunity the secretary of the
14706Department of Community Affairs, or their respective designees.
14707     Section 280.  Subsection (3) of section 259.042, Florida
14708Statutes, is amended to read:
14709     259.042  Tax increment financing for conservation lands.-
14710     (3)  The governing body of the jurisdiction that will
14711administer the separate reserve account shall provide
14712documentation to the Department of Economic Opportunity
14713Community Affairs identifying the boundary of the tax increment
14714area. The department shall determine whether the boundary is
14715appropriate in that property owners within the boundary will
14716receive a benefit from the proposed purchase of identified
14717conservation lands. The department must issue a letter of
14718approval stating that the establishment of the tax increment
14719area and the proposed purchases would benefit property owners
14720within the boundary and serve a public purpose before any tax
14721increment funds are deposited into the separate reserve account.
14722If the department fails to provide the required letter within 90
14723days after receiving sufficient documentation of the boundary,
14724the establishment of the area and the proposed purchases are
14725deemed to provide such benefit and serve a public purpose.
14726     Section 281.  Paragraphs (c) and (j) of subsection (3) of
14727section 259.105, Florida Statutes, are amended to read:
14728     259.105  The Florida Forever Act.-
14729     (3)  Less the costs of issuing and the costs of funding
14730reserve accounts and other costs associated with bonds, the
14731proceeds of cash payments or bonds issued pursuant to this
14732section shall be deposited into the Florida Forever Trust Fund
14733created by s. 259.1051. The proceeds shall be distributed by the
14734Department of Environmental Protection in the following manner:
14735     (c)  Twenty-one percent to the Department of Environmental
14736Protection Community Affairs for use by the Florida Communities
14737Trust for the purposes of part III of chapter 380, as described
14738and limited by this subsection, and grants to local governments
14739or nonprofit environmental organizations that are tax-exempt
14740under s. 501(c)(3) of the United States Internal Revenue Code
14741for the acquisition of community-based projects, urban open
14742spaces, parks, and greenways to implement local government
14743comprehensive plans. From funds available to the trust and used
14744for land acquisition, 75 percent shall be matched by local
14745governments on a dollar-for-dollar basis. The Legislature
14746intends that the Florida Communities Trust emphasize funding
14747projects in low-income or otherwise disadvantaged communities
14748and projects that provide areas for direct water access and
14749water-dependent facilities that are open to the public and offer
14750public access by vessels to waters of the state, including boat
14751ramps and associated parking and other support facilities. At
14752least 30 percent of the total allocation provided to the trust
14753shall be used in Standard Metropolitan Statistical Areas, but
14754one-half of that amount shall be used in localities in which the
14755project site is located in built-up commercial, industrial, or
14756mixed-use areas and functions to intersperse open spaces within
14757congested urban core areas. From funds allocated to the trust,
14758no less than 5 percent shall be used to acquire lands for
14759recreational trail systems, provided that in the event these
14760funds are not needed for such projects, they will be available
14761for other trust projects. Local governments may use federal
14762grants or loans, private donations, or environmental mitigation
14763funds, including environmental mitigation funds required
14764pursuant to s. 338.250, for any part or all of any local match
14765required for acquisitions funded through the Florida Communities
14766Trust. Any lands purchased by nonprofit organizations using
14767funds allocated under this paragraph must provide for such lands
14768to remain permanently in public use through a reversion of title
14769to local or state government, conservation easement, or other
14770appropriate mechanism. Projects funded with funds allocated to
14771the Trust shall be selected in a competitive process measured
14772against criteria adopted in rule by the Trust.
14773     (j)  Two and five-tenths percent to the Department of
14774Environmental Protection Community Affairs for the acquisition
14775of land and capital project expenditures necessary to implement
14776the Stan Mayfield Working Waterfronts Program within the Florida
14777communities trust pursuant to s. 380.5105.
14778     Section 282.  Paragraph (d) of subsection (1) of section
14779260.0142, Florida Statutes, is amended to read:
14780     260.0142  Florida Greenways and Trails Council;
14781composition; powers and duties.-
14782     (1)  There is created within the department the Florida
14783Greenways and Trails Council which shall advise the department
14784in the execution of the department's powers and duties under
14785this chapter. The council shall be composed of 21 members,
14786consisting of:
14787     (d)  The 10 remaining members shall include:
14788     1.  The Secretary of Environmental Protection or a
14789designee.
14790     2.  The executive director of the Fish and Wildlife
14791Conservation Commission or a designee.
14792     3.  The Commissioner of Economic Opportunity The Secretary
14793of Community Affairs or a designee.
14794     4.  The Secretary of Transportation or a designee.
14795     5.  The Director of the Division of Forestry of the
14796Department of Agriculture and Consumer Services or a designee.
14797     6.  The director of the Division of Historical Resources of
14798the Department of State or a designee.
14799     7.  A representative of the water management districts.
14800Membership on the council shall rotate among the five districts.
14801The districts shall determine the order of rotation.
14802     8.  A representative of a federal land management agency.
14803The Secretary of Environmental Protection shall identify the
14804appropriate federal agency and request designation of a
14805representative from the agency to serve on the council.
14806     9.  A representative of the regional planning councils to
14807be appointed by the Secretary of Environmental Protection in
14808consultation with the Secretary of Community Affairs. Membership
14809on the council shall rotate among each of the seven regional
14810planning councils. The regional planning councils shall
14811determine the order of rotation.
14812     10.  A representative of local governments to be appointed
14813by the Secretary of Environmental Protection in consultation
14814with the Secretary of Community Affairs. Membership shall
14815alternate between a county representative and a municipal
14816representative.
14817     Section 283.  Paragraph (a) of subsection (4) of section
14818282.34, Florida Statutes, is amended to read:
14819     282.34  Statewide e-mail service.-A state e-mail system
14820that includes the delivery and support of e-mail, messaging, and
14821calendaring capabilities is established as an enterprise
14822information technology service as defined in s. 282.0041. The
14823service shall be designed to meet the needs of all executive
14824branch agencies. The primary goals of the service are to
14825minimize the state investment required to establish, operate,
14826and support the statewide service; reduce the cost of current e-
14827mail operations and the number of duplicative e-mail systems;
14828and eliminate the need for each state agency to maintain its own
14829e-mail staff.
14830     (4)  All agencies must be completely migrated to the
14831statewide e-mail service as soon as financially and
14832operationally feasible, but no later than June 30, 2015.
14833     (a)  The following statewide e-mail service implementation
14834schedule is established for state agencies:
14835     1.  Phase 1.-The following agencies must be completely
14836migrated to the statewide e-mail system by June 30, 2012: the
14837Agency for Enterprise Information Technology; the Department of
14838Economic Opportunity; Community Affairs, including the Division
14839of Emergency Management; the Department of Corrections; the
14840Department of Health; the Department of Highway Safety and Motor
14841Vehicles; the Department of Management Services, including the
14842Division of Administrative Hearings, the Division of Retirement,
14843the Commission on Human Relations, and the Public Employees
14844Relations Commission; the Southwood Shared Resource Center; and
14845the Department of Revenue.
14846     2.  Phase 2.-The following agencies must be completely
14847migrated to the statewide e-mail system by June 30, 2013: the
14848Department of Business and Professional Regulation; the
14849Department of Education, including the Board of Governors; the
14850Department of Environmental Protection; the Department of
14851Juvenile Justice; the Department of the Lottery; the Department
14852of State; the Department of Law Enforcement; the Department of
14853Veterans' Affairs; the Judicial Administration Commission; the
14854Public Service Commission; and the Statewide Guardian Ad Litem
14855Office.
14856     3.  Phase 3.-The following agencies must be completely
14857migrated to the statewide e-mail system by June 30, 2014: the
14858Agency for Health Care Administration; the Agency for Workforce
14859Innovation; the Department of Financial Services, including the
14860Office of Financial Regulation and the Office of Insurance
14861Regulation; the Department of Agriculture and Consumer Services;
14862the Executive Office of the Governor; the Department of
14863Transportation; the Fish and Wildlife Conservation Commission;
14864the Agency for Persons With Disabilities; the Northwood Shared
14865Resource Center; and the State Board of Administration.
14866     4.  Phase 4.-The following agencies must be completely
14867migrated to the statewide e-mail system by June 30, 2015: the
14868Department of Children and Family Services; the Department of
14869Citrus; the Department of Elderly Affairs; and the Department of
14870Legal Affairs.
14871     Section 284.  Paragraphs (a) and (d) of subsection (1) and
14872subsection (4) of section 282.709, Florida Statutes, are amended
14873to read:
14874     282.709  State agency law enforcement radio system and
14875interoperability network.-
14876     (1)  The department may acquire and administer a statewide
14877radio communications system to serve law enforcement units of
14878state agencies, and to serve local law enforcement agencies
14879through mutual aid channels.
14880     (a)  The department shall, in conjunction with the
14881Department of Law Enforcement and the Division of Emergency
14882Management of the Department of Community Affairs, establish
14883policies, procedures, and standards to be incorporated into a
14884comprehensive management plan for the use and operation of the
14885statewide radio communications system.
14886     (d)  The department shall exercise its powers and duties
14887under this part to plan, manage, and administer the mutual aid
14888channels in the statewide radio communication system.
14889     1.  In implementing such powers and duties, the department
14890shall consult and act in conjunction with the Department of Law
14891Enforcement and the Division of Emergency Management of the
14892Department of Community Affairs, and shall manage and administer
14893the mutual aid channels in a manner that reasonably addresses
14894the needs and concerns of the involved law enforcement agencies
14895and emergency response agencies and entities.
14896     2.  The department may make the mutual aid channels
14897available to federal agencies, state agencies, and agencies of
14898the political subdivisions of the state for the purpose of
14899public safety and domestic security.
14900     (4)  The department may create and administer an
14901interoperability network to enable interoperability between
14902various radio communications technologies and to serve federal
14903agencies, state agencies, and agencies of political subdivisions
14904of the state for the purpose of public safety and domestic
14905security.
14906     (a)  The department shall, in conjunction with the
14907Department of Law Enforcement and the Division of Emergency
14908Management of the Department of Community Affairs, exercise its
14909powers and duties pursuant to this chapter to plan, manage, and
14910administer the interoperability network. The office may:
14911     1.  Enter into mutual aid agreements among federal
14912agencies, state agencies, and political subdivisions of the
14913state for the use of the interoperability network.
14914     2.  Establish the cost of maintenance and operation of the
14915interoperability network and charge subscribing federal and
14916local law enforcement agencies for access and use of the
14917network. The department may not charge state law enforcement
14918agencies identified in paragraph (2)(a) to use the network.
14919     3.  In consultation with the Department of Law Enforcement
14920and the Division of Emergency Management of the Department of
14921Community Affairs, amend and enhance the statewide radio
14922communications system as necessary to implement the
14923interoperability network.
14924     (b)  The department, in consultation with the Joint Task
14925Force on State Agency Law Enforcement Communications, and in
14926conjunction with the Department of Law Enforcement and the
14927Division of Emergency Management of the Department of Community
14928Affairs, shall establish policies, procedures, and standards to
14929incorporate into a comprehensive management plan for the use and
14930operation of the interoperability network.
14931     Section 285.  Subsection (1) of section 288.021, Florida
14932Statutes, is amended to read:
14933     288.021  Economic development liaison.-
14934     (1)  The heads of the Department of Transportation, the
14935Department of Environmental Protection and an additional member
14936appointed by the secretary of the department, the Department of
14937Labor and Employment Security, the Department of Education, the
14938Department of Economic Opportunity Community Affairs, the
14939Department of Management Services, the Department of Revenue,
14940the Fish and Wildlife Conservation Commission, each water
14941management district, and each Department of Transportation
14942District office shall designate a high-level staff member from
14943within such agency to serve as the economic development liaison
14944for the agency. This person shall report to the agency head and
14945have general knowledge both of the state's permitting and other
14946regulatory functions and of the state's economic goals,
14947policies, and programs. This person shall also be the primary
14948point of contact for the agency with the Office of Tourism,
14949Trade, and Economic Development on issues and projects important
14950to the economic development of Florida, including its rural
14951areas, to expedite project review, to ensure a prompt, effective
14952response to problems arising with regard to permitting and
14953regulatory functions, and to work closely with the other
14954economic development liaisons to resolve interagency conflicts.
14955     Section 286.  Paragraph (a) of subsection (6) of section
14956288.0656, Florida Statutes, is amended to read:
14957     288.0656  Rural Economic Development Initiative.-
14958     (6)(a)  By August 1 of each year, the head of each of the
14959following agencies and organizations shall designate a deputy
14960secretary or higher-level staff person from within the agency or
14961organization to serve as the REDI representative for the agency
14962or organization:
14963     1.  The Department of Economic Opportunity Community
14964Affairs.
14965     2.  The Department of Transportation.
14966     3.  The Department of Environmental Protection.
14967     4.  The Department of Agriculture and Consumer Services.
14968     5.  The Department of State.
14969     6.  The Department of Health.
14970     7.  The Department of Children and Family Services.
14971     8.  The Department of Corrections.
14972     9.  The Agency for Workforce Innovation.
14973     10.  The Department of Education.
14974     11.  The Department of Juvenile Justice.
14975     12.  The Fish and Wildlife Conservation Commission.
14976     13.  Each water management district.
14977     14.  Enterprise Florida, Inc.
14978     15.  Workforce Florida, Inc.
14979     16.  The Florida Commission on Tourism or VISIT Florida.
14980     17.  The Florida Regional Planning Council Association.
14981     18.  The Agency for Health Care Administration.
14982     19.  The Institute of Food and Agricultural Sciences
14983(IFAS).
14984
14985An alternate for each designee shall also be chosen, and the
14986names of the designees and alternates shall be sent to the
14987director of the Office of Tourism, Trade, and Economic
14988Development.
14989     Section 287.  Paragraph (b) of subsection (4) of section
14990288.109, Florida Statutes, is amended to read:
14991     288.109  One-Stop Permitting System.-
14992     (4)  The One-Stop Permitting System must initially provide
14993access to the following state agencies, water management
14994districts and counties, with other agencies and counties that
14995agree to participate:
14996     (b)  The Department of Economic Opportunity Community
14997Affairs.
14998     Section 288.  Subsections (3), (8), and (9) of section
14999288.975, Florida Statutes, are amended to read:
15000     288.975  Military base reuse plans.-
15001     (3)  No later than 6 months after the designation of a
15002military base for closure by the Federal Government, each host
15003local government shall notify the secretary of the Department of
15004Economic Opportunity Community Affairs and the director of the
15005Office of Tourism, Trade, and Economic Development in writing,
15006by hand delivery or return receipt requested, as to whether it
15007intends to use the optional provisions provided in this act. If
15008a host local government does not opt to use the provisions of
15009this act, land use planning and regulation pertaining to base
15010reuse activities within those host local governments shall be
15011subject to all applicable statutory requirements, including
15012those contained within chapters 163 and 380.
15013     (8)  At the request of a host local government, the Office
15014of Tourism, Trade, and Economic Development shall coordinate a
15015presubmission workshop concerning a military base reuse plan
15016within the boundaries of the host jurisdiction. Agencies that
15017shall participate in the workshop shall include any affected
15018local governments; the Department of Environmental Protection;
15019the Office of Tourism, Trade, and Economic Development; the
15020Department of Economic Opportunity Community Affairs; the
15021Department of Transportation; the Department of Health; the
15022Department of Children and Family Services; the Department of
15023Juvenile Justice; the Department of Agriculture and Consumer
15024Services; the Department of State; the Fish and Wildlife
15025Conservation Commission; and any applicable water management
15026districts and regional planning councils. The purposes of the
15027workshop shall be to assist the host local government to
15028understand issues of concern to the above listed entities
15029pertaining to the military base site and to identify
15030opportunities for better coordination of planning and review
15031efforts with the information and analyses generated by the
15032federal environmental impact statement process and the federal
15033community base reuse planning process.
15034     (9)  If a host local government elects to use the optional
15035provisions of this act, it shall, no later than 12 months after
15036notifying the agencies of its intent pursuant to subsection (3)
15037either:
15038     (a)  Send a copy of the proposed military base reuse plan
15039for review to any affected local governments; the Department of
15040Environmental Protection; the Office of Tourism, Trade, and
15041Economic Development; the Department of Economic Opportunity
15042Community Affairs; the Department of Transportation; the
15043Department of Health; the Department of Children and Family
15044Services; the Department of Juvenile Justice; the Department of
15045Agriculture and Consumer Services; the Department of State; the
15046Fish and Wildlife Conservation Commission; and any applicable
15047water management districts and regional planning councils, or
15048     (b)  Petition the secretary of the Department of Economic
15049Opportunity Community Affairs for an extension of the deadline
15050for submitting a proposed reuse plan. Such an extension request
15051must be justified by changes or delays in the closure process by
15052the federal Department of Defense or for reasons otherwise
15053deemed to promote the orderly and beneficial planning of the
15054subject military base reuse. The secretary of the Department of
15055Community Affairs may grant extensions to the required
15056submission date of the reuse plan.
15057     Section 289.  Paragraph (f) of subsection (2) of section
15058288.984, Florida Statutes, is amended to read:
15059     288.984  Florida Council on Military Base and Mission
15060Support.-The Florida Council on Military Base and Mission
15061Support is established. The council shall provide oversight and
15062direction for initiatives, claims, and actions taken on behalf
15063of the state, its agencies, and political subdivisions under
15064this part.
15065     (2)  MEMBERSHIP.-
15066     (f)  The Commissioner of Economic Opportunity Secretary of
15067Community Affairs or his or her designee, the Secretary of
15068Environmental Protection or his or her designee, the Secretary
15069of Transportation or his or her designee, the Adjutant General
15070of the state or his or her designee, and the executive director
15071of the Department of Veterans' Affairs or his or her designee
15072shall attend meetings held by the council and provide
15073assistance, information, and support as requested by the
15074council.
15075     Section 290.  Subsections (3) and (6) of section 290.042,
15076Florida Statutes, are amended to read:
15077     290.042  Definitions relating to Florida Small Cities
15078Community Development Block Grant Program Act.-As used in ss.
15079290.0401-290.049, the term:
15080     (3)  "Department" means the Department of Economic
15081Opportunity Community Affairs.
15082     (6)  "Person of low or moderate income" means any person
15083who meets the definition established by the department of
15084Community Affairs in accordance with the guidelines established
15085in Title I of the Housing and Community Development Act of 1974,
15086as amended.
15087     Section 291.  Section 290.043, Florida Statutes, is amended
15088to read:
15089     290.043  Florida Small Cities Community Development Block
15090Grant Program; administration.-There is created the Florida
15091Small Cities Community Development Block Grant Program. The
15092department of Community Affairs shall administer the program as
15093authorized and described in Title I of the Housing and Community
15094Development Act of 1974, as amended; Pub. L. No. 93-383, as
15095amended by Pub. L. No. 96-399 and Pub. L. No. 97-35; 42 U.S.C.
15096ss. 5301 et seq.
15097     Section 292.  Subsection (6) of section 290.046, Florida
15098Statutes, is amended to read:
15099     290.046  Applications for grants; procedures;
15100requirements.-
15101     (6)  The local government shall establish a citizen
15102advisory task force composed of citizens in the jurisdiction in
15103which the proposed project is to be implemented to provide input
15104relative to all phases of the project process. The local
15105government must obtain consent from the department of Community
15106Affairs for any other type of citizen participation plan upon a
15107showing that such plan is better suited to secure citizen
15108participation for that locality.
15109     Section 293.  Section 290.048, Florida Statutes, is amended
15110to read:
15111     290.048  General powers of department of Community Affairs
15112under ss. 290.0401-290.049.-The department has all the powers
15113necessary or appropriate to carry out the purposes and
15114provisions of the program, including the power to:
15115     (1)  Make contracts and agreements with the Federal
15116Government; other agencies of the state; any other public
15117agency; or any other public person, association, corporation,
15118local government, or entity in exercising its powers and
15119performing its duties under ss. 290.0401-290.049.
15120     (2)  Seek and accept funding from any public or private
15121source.
15122     (3)  Adopt and enforce rules not inconsistent with ss.
15123290.0401-290.049 for the administration of the fund.
15124     (4)  Assist in training employees of local governing
15125authorities to help achieve and increase their capacity to
15126administer programs pursuant to ss. 290.0401-290.049 and provide
15127technical assistance and advice to local governing authorities
15128involved with these programs.
15129     (5)  Adopt and enforce strict requirements concerning an
15130applicant's written description of a service area. Each such
15131description shall contain maps which illustrate the location of
15132the proposed service area. All such maps must be clearly legible
15133and must:
15134     (a)  Contain a scale which is clearly marked on the map.
15135     (b)  Show the boundaries of the locality.
15136     (c)  Show the boundaries of the service area where the
15137activities will be concentrated.
15138     (d)  Display the location of all proposed area activities.
15139     (e)  Include the names of streets, route numbers, or easily
15140identifiable landmarks where all service activities are located.
15141     (6)  Pledge community development block grant revenues from
15142the Federal Government in order to guarantee notes or other
15143obligations of a public entity which are approved pursuant to s.
15144290.0455.
15145     (7)  Establish an advisory committee of no more than 13
15146members to solicit participation in designing, administering,
15147and evaluating the program and in linking the program with other
15148housing and community development resources.
15149     Section 294.  Paragraph (a) of subsection (2) and
15150subsection (4) of section 290.0491, Florida Statutes, is amended
15151to read:
15152     290.0491  Florida Empowerment Zones.-
15153     (2)  DEFINITIONS.-As used in this section, the term:
15154     (a)  "Department" means the Department of Economic
15155Opportunity Community Affairs.
15156     (4)  EMPOWERMENT ZONE PROGRAM.-There is created an economic
15157development program to be known as the Florida Empowerment Zone
15158Program. The program shall exist for 10 years and, except as
15159otherwise provided by law, be operated by the Department of
15160Economic Opportunity Community Affairs in conjunction with the
15161Federal Empowerment Zone Program.
15162     Section 295.  Paragraph (b) of subsection (1) of section
15163311.105, Florida Statutes, is amended to read:
15164     311.105  Florida Seaport Environmental Management
15165Committee; permitting; mitigation.-
15166     (1)
15167     (b)  The committee shall consist of the following members:
15168the Secretary of Environmental Protection, or his or her
15169designee, as an ex officio, nonvoting member; a designee from
15170the United States Army Corps of Engineers, as an ex officio,
15171nonvoting member; a designee from the Florida Inland Navigation
15172District, as an ex officio, nonvoting member; the Commissioner
15173of Economic Opportunity Secretary of Community Affairs, or his
15174or her designee, as an ex officio, nonvoting member; and five or
15175more port directors, as voting members, appointed to the
15176committee by the council chair, who shall also designate one
15177such member as committee chair.
15178     Section 296.  Subsection (3) of section 327.803, Florida
15179Statutes, is amended to read:
15180     327.803  Boating Advisory Council.-
15181     (3)  The purpose of the council is to make recommendations
15182to the Fish and Wildlife Conservation Commission and the
15183Department of Economic Opportunity Community Affairs regarding
15184issues affecting the boating community, including, but not
15185limited to, issues related to:
15186     (a)  Boating and diving safety education.
15187     (b)  Boating-related facilities, including marinas and boat
15188testing facilities.
15189     (c)  Boat usage.
15190     (d)  Boat access.
15191     (e)  Working waterfronts.
15192     Section 297.  Subsection (1) of section 332.115, Florida
15193Statutes, is amended to read:
15194     332.115  Joint project agreement with port district for
15195transportation corridor between airport and port facility.-
15196     (1)  An eligible agency may acquire, construct, and operate
15197all equipment, appurtenances, and land necessary to establish,
15198maintain, and operate, or to license others to establish,
15199maintain, operate, or use, a transportation corridor connecting
15200an airport operated by such eligible agency with a port
15201facility, which corridor must be acquired, constructed, and used
15202for the transportation of persons between the airport and the
15203port facility, for the transportation of cargo, and for the
15204location and operation of lines for the transmission of water,
15205electricity, communications, information, petroleum products,
15206products of a public utility (including new technologies of a
15207public utility nature), and materials. However, any such
15208corridor may be established and operated only pursuant to a
15209joint project agreement between an eligible agency as defined in
15210s. 332.004 and a port district as defined in s. 315.02, and such
15211agreement must be approved by the Department of Transportation
15212and the Department of Economic Opportunity Community Affairs.
15213Before the Department of Transportation approves the joint
15214project agreement, that department must review the public
15215purpose and necessity for the corridor pursuant to s. 337.273(5)
15216and must also determine that the proposed corridor is consistent
15217with the Florida Transportation Plan. Before the Department of
15218Economic Opportunity Community Affairs approves the joint
15219project agreement, that department must determine that the
15220proposed corridor is consistent with the applicable local
15221government comprehensive plans. An affected local government may
15222provide its comments regarding the consistency of the proposed
15223corridor with its comprehensive plan to the Department of
15224Economic Opportunity Community Affairs.
15225     Section 298.  Section 333.065, Florida Statutes, is amended
15226to read:
15227     333.065  Guidelines regarding land use near airports.-The
15228Department of Transportation, after consultation with the
15229Department of Economic Opportunity Community Affairs, local
15230governments, and other interested persons, shall adopt by rule
15231recommended guidelines regarding compatible land uses in the
15232vicinity of airports. These guidelines shall utilize acceptable
15233and established quantitative measures, such as the Air
15234Installation Compatible Use Zone standards, the Florida
15235Statutes, and applicable Federal Aviation Administration
15236documents.
15237     Section 299.  Paragraph (f) of subsection (4) of section
15238339.135, Florida Statutes, is amended to read:
15239     339.135  Work program; legislative budget request;
15240definitions; preparation, adoption, execution, and amendment.-
15241     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-
15242     (f)  The central office shall submit a preliminary copy of
15243the tentative work program to the Executive Office of the
15244Governor, the legislative appropriations committees, the Florida
15245Transportation Commission, and the Department of Economic
15246Opportunity Community Affairs at least 14 days prior to the
15247convening of the regular legislative session. Prior to the
15248statewide public hearing required by paragraph (g), the
15249Department of Economic Opportunity Community Affairs shall
15250transmit to the Florida Transportation Commission a list of
15251those projects and project phases contained in the tentative
15252work program which are identified as being inconsistent with
15253approved local government comprehensive plans. For urbanized
15254areas of metropolitan planning organizations, the list may not
15255contain any project or project phase that is scheduled in a
15256transportation improvement program unless such inconsistency has
15257been previously reported to the affected metropolitan planning
15258organization.
15259     Section 300.  Paragraphs (f) and (g) of subsection (8) of
15260section 339.175, Florida Statutes, are amended to read:
15261     339.175  Metropolitan planning organization.-
15262     (8)  TRANSPORTATION IMPROVEMENT PROGRAM.-Each M.P.O. shall,
15263in cooperation with the state and affected public transportation
15264operators, develop a transportation improvement program for the
15265area within the jurisdiction of the M.P.O. In the development of
15266the transportation improvement program, each M.P.O. must provide
15267the public, affected public agencies, representatives of
15268transportation agency employees, freight shippers, providers of
15269freight transportation services, private providers of
15270transportation, representatives of users of public transit, and
15271other interested parties with a reasonable opportunity to
15272comment on the proposed transportation improvement program.
15273     (f)  The adopted annual transportation improvement program
15274for M.P.O.'s in nonattainment or maintenance areas must be
15275submitted to the district secretary and the Department of
15276Economic Opportunity Community Affairs at least 90 days before
15277the submission of the state transportation improvement program
15278by the department to the appropriate federal agencies. The
15279annual transportation improvement program for M.P.O.'s in
15280attainment areas must be submitted to the district secretary and
15281the Department of Economic Opportunity Community Affairs at
15282least 45 days before the department submits the state
15283transportation improvement program to the appropriate federal
15284agencies; however, the department, the Department of Economic
15285Opportunity Community Affairs, and a metropolitan planning
15286organization may, in writing, agree to vary this submittal date.
15287The Governor or the Governor's designee shall review and approve
15288each transportation improvement program and any amendments
15289thereto.
15290     (g)  The Department of Economic Opportunity Community
15291Affairs shall review the annual transportation improvement
15292program of each M.P.O. for consistency with the approved local
15293government comprehensive plans of the units of local government
15294whose boundaries are within the metropolitan area of each M.P.O.
15295and shall identify those projects that are inconsistent with
15296such comprehensive plans. The Department of Economic Opportunity
15297Community Affairs shall notify an M.P.O. of any transportation
15298projects contained in its transportation improvement program
15299which are inconsistent with the approved local government
15300comprehensive plans of the units of local government whose
15301boundaries are within the metropolitan area of the M.P.O.
15302     Section 301.  Subsection (1) of section 342.201, Florida
15303Statutes, is amended to read:
15304     342.201  Waterfronts Florida Program.-
15305     (1)  There is established within the Department of Economic
15306Opportunity Community Affairs the Waterfronts Florida Program to
15307provide technical assistance and support to communities in
15308revitalizing waterfront areas in this state.
15309     Section 302.  Subsection (3) of section 369.303, Florida
15310Statutes, is amended to read:
15311     369.303  Definitions.-As used in this part:
15312     (3)  "Department" means the Department of Economic
15313Opportunity Community Affairs.
15314     Section 303.  Subsections (1) of section 369.318, Florida
15315Statutes, is amended to read:
15316     369.318  Studies.-
15317     (1)  The Department of Environmental Protection shall study
15318the efficacy and applicability of water quality and wastewater
15319treatment standards needed to achieve nitrogen reductions
15320protective of surface and groundwater quality within the Wekiva
15321Study Area and report to the Governor and the Department of
15322Economic Opportunity Community Affairs. The Department of
15323Environmental Protection may adopt rules to implement the
15324specific recommendations set forth in sections C.2. and C.4. of
15325its report entitled "A Strategy for Water Quality Protection:
15326Wastewater Treatment in the Wekiva Study Area," dated December
153272004, in order to achieve nitrogen reductions protective of
15328surface and groundwater quality in the Wekiva Study Area and
15329implement Recommendation 8 of the Wekiva River Basin
15330Coordinating Committee's final report dated March 16, 2004. The
15331rules shall provide an opportunity for relief from such specific
15332recommendations upon affirmative demonstration by the permittee
15333or permit applicant, based on water quality data, physical
15334circumstances, or other credible information, that the discharge
15335of treated wastewater is protective of surface water and
15336groundwater quality with respect to nitrate nitrogen as set
15337forth in section C.1. of the referenced December 2004 report.
15338     Section 304.  Subsections (5) and (7) of section 369.321,
15339Florida Statutes, are amended to read:
15340     369.321  Comprehensive plan amendments.-Except as otherwise
15341expressly provided, by January 1, 2006, each local government
15342within the Wekiva Study Area shall amend its local government
15343comprehensive plan to include the following:
15344     (5)  Comprehensive plans and comprehensive plan amendments
15345adopted by the local governments to implement this section shall
15346be reviewed by the Department of Economic Opportunity Community
15347Affairs pursuant to s. 163.3184, and shall be exempt from the
15348provisions of s. 163.3187(1).
15349     (7)  During the period prior to the adoption of the
15350comprehensive plan amendments required by this act, any local
15351comprehensive plan amendment adopted by a city or county that
15352applies to land located within the Wekiva Study Area shall
15353protect surface and groundwater resources and be reviewed by the
15354Department of Economic Opportunity Community Affairs, pursuant
15355to chapter 163 and chapter 9J-5, Florida Administrative Code,
15356using best available data, including the information presented
15357to the Wekiva River Basin Coordinating Committee.
15358     Section 305.  Subsections (1) and (3) of section 369.322,
15359Florida Statutes, are amended to read:
15360     369.322  Coordination of land use and water supply within
15361the Wekiva Study Area.-
15362     (1)  In their review of local government comprehensive plan
15363amendments for property located within the Wekiva Study Area
15364pursuant to s. 163.3184, the Department of Economic Opportunity
15365Community Affairs and the St. Johns River Water Management
15366District shall assure that amendments that increase development
15367potential demonstrate that adequate potable water consumptive
15368use permit capacity is available.
15369     (3)  In recognition of the need to balance resource
15370protection, existing infrastructure and improvements planned or
15371committed as part of approved development, consistent with
15372existing municipal or county comprehensive plans and economic
15373development opportunities, planned community development
15374initiatives that assure protection of surface and groundwater
15375resources while promoting compact, ecologically and economically
15376sustainable growth should be encouraged. Small area studies,
15377sector plans, or similar planning tools should support these
15378community development initiatives. In addition, the Department
15379of Economic Opportunity Community Affairs may make available
15380best practice guides that demonstrate how to balance resource
15381protection and economic development opportunities.
15382     Section 306.  Section 369.323, Florida Statutes, is amended
15383to read:
15384     369.323  Compliance.-Comprehensive plans and plan
15385amendments adopted by the local governments within the Wekiva
15386Study Area to implement this act shall be reviewed for
15387compliance by the Department of Economic Opportunity Community
15388Affairs.
15389     Section 307.  Subsections (1) and (5) of section 369.324,
15390Florida Statutes, are amended to read:
15391     369.324  Wekiva River Basin Commission.-
15392     (1)  The Wekiva River Basin Commission is created to
15393monitor and ensure the implementation of the recommendations of
15394the Wekiva River Basin Coordinating Committee for the Wekiva
15395Study Area. The East Central Florida Regional Planning Council
15396shall provide staff support to the commission with funding
15397assistance from the Department of Economic Opportunity Community
15398Affairs. The commission shall be comprised of a total of 19
15399members appointed by the Governor, 9 of whom shall be voting
15400members and 10 shall be ad hoc nonvoting members. The voting
15401members shall include:
15402     (a)  One member of each of the Boards of County
15403Commissioners for Lake, Orange, and Seminole Counties.
15404     (b)  One municipal elected official to serve as a
15405representative of the municipalities located within the Wekiva
15406Study Area of Lake County.
15407     (c)  One municipal elected official to serve as a
15408representative of the municipalities located within the Wekiva
15409Study Area of Orange County.
15410     (d)  One municipal elected official to serve as a
15411representative of the municipalities located within the Wekiva
15412Study Area of Seminole County.
15413     (e)  One citizen representing an environmental or
15414conservation organization, one citizen representing a local
15415property owner, a land developer, or an agricultural entity, and
15416one at-large citizen who shall serve as chair of the council.
15417     (f)  The ad hoc nonvoting members shall include one
15418representative from each of the following entities:
15419     1.  St. Johns River Management District.
15420     2.  Department of Economic Opportunity Community Affairs.
15421     3.  Department of Environmental Protection.
15422     4.  Department of Health.
15423     5.  Department of Agriculture and Consumer Services.
15424     6.  Fish and Wildlife Conservation Commission.
15425     7.  Department of Transportation.
15426     8.  MetroPlan Orlando.
15427     9.  Orlando-Orange County Expressway Authority.
15428     10.  Seminole County Expressway Authority.
15429     (5)  The commission shall report annually, no later than
15430December 31 of each year, to the Governor, the President of the
15431Senate, the Speaker of the House of Representatives, and the
15432Department of Economic Opportunity Community Affairs on
15433implementation progress.
15434     Section 308.  Paragraph (b) of subsection (3) of section
15435373.199, Florida Statutes, is amended to read:
15436     373.199  Florida Forever Water Management District Work
15437Plan.-
15438     (3)  In developing the list, each water management district
15439shall:
15440     (b)  Work cooperatively with the applicable ecosystem
15441management area teams and other citizen advisory groups, the
15442Department of Environmental Protection and its district offices,
15443the Department of Agriculture and Consumer Services, the Fish
15444and Wildlife Conservation Commission, the Department of Economic
15445Opportunity Community Affairs, the Department of Transportation,
15446other state agencies, and federal agencies, where applicable.
15447     Section 309.  Subsection (5) of section 373.4149, Florida
15448Statutes, is amended to read:
15449     373.4149  Miami-Dade County Lake Belt Plan.-
15450     (5)  The secretary of the Department of Environmental
15451Protection, the Commissioner secretary of the Department of
15452Economic Opportunity Community Affairs, the secretary of the
15453Department of Transportation, the Commissioner of Agriculture,
15454the executive director of the Fish and Wildlife Conservation
15455Commission, and the executive director of the South Florida
15456Water Management District may enter into agreements with
15457landowners, developers, businesses, industries, individuals, and
15458governmental agencies as necessary to effectuate the Miami-Dade
15459Lake Belt Plan and the provisions of this section.
15460     Section 310.  Paragraph (a) of subsection (1) of section
15461373.453, Florida Statutes, is amended to read:
15462     373.453  Surface water improvement and management plans and
15463programs.-
15464     (1)(a)  Each water management district, in cooperation with
15465the department, the Department of Agriculture and Consumer
15466Services, the Department of Economic Opportunity Community
15467Affairs, the Fish and Wildlife Conservation Commission, local
15468governments, and others, shall maintain a list that prioritizes
15469water bodies of regional or statewide significance within the
15470water management district. The list shall be reviewed and
15471updated every 5 years.
15472     Section 311.  Subsection (2) of section 376.86, Florida
15473Statutes, is amended to read:
15474     376.86  Brownfield Areas Loan Guarantee Program.-
15475     (2)  The council shall consist of the secretary of the
15476Department of Environmental Protection or the secretary's
15477designee, the Commissioner of Economic Opportunity or the
15478commissioner's secretary of the Department of Community Affairs
15479or the secretary's designee, the State Surgeon General or the
15480State Surgeon General's designee, the Executive Director of the
15481State Board of Administration or the executive director's
15482designee, the Executive Director of the Florida Housing Finance
15483Corporation or the executive director's designee, and the
15484Director of the Governor's Office of Tourism, Trade, and
15485Economic Development or the director's designee. The chairperson
15486of the council shall be the Director of the Governor's Office of
15487Tourism, Trade, and Economic Development. Staff services for
15488activities of the council shall be provided as needed by the
15489member agencies.
15490     Section 312.  Paragraph (c) of subsection (1) of section
15491377.6015, Florida Statutes, is amended to read:
15492     377.6015  Florida Energy and Climate Commission.-
15493     (1)  The Florida Energy and Climate Commission is created
15494within the Executive Office of the Governor. The commission
15495shall be comprised of nine members appointed by the Governor,
15496the Commissioner of Agriculture, and the Chief Financial
15497Officer.
15498     (c)  The chair may designate the following ex officio,
15499nonvoting members to provide information and advice to the
15500commission at the request of the chair:
15501     1.  The chair of the Florida Public Service Commission, or
15502his or her designee.
15503     2.  The Public Counsel, or his or her designee.
15504     3.  A representative of the Department of Agriculture and
15505Consumer Services.
15506     4.  A representative of the Department of Financial
15507Services.
15508     5.  A representative of the Department of Environmental
15509Protection.
15510     6.  A representative of the Department of Economic
15511Opportunity Community Affairs.
15512     7.  A representative of the Board of Governors of the State
15513University System.
15514     8.  A representative of the Department of Transportation.
15515     Section 313.  Paragraph (h) of subsection (2) of section
15516377.703, Florida Statutes, is amended to read:
15517     377.703  Additional functions of the Florida Energy and
15518Climate Commission.-
15519     (2)  FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.-The
15520commission shall perform the following functions consistent with
15521the development of a state energy policy:
15522     (h)  The commission shall promote the development and use
15523of renewable energy resources, in conformance with the
15524provisions of chapter 187 and s. 377.601, by:
15525     1.  Establishing goals and strategies for increasing the
15526use of solar energy in this state.
15527     2.  Aiding and promoting the commercialization of solar
15528energy technology, in cooperation with the Florida Solar Energy
15529Center, Enterprise Florida, Inc., and any other federal, state,
15530or local governmental agency which may seek to promote research,
15531development, and demonstration of solar energy equipment and
15532technology.
15533     3.  Identifying barriers to greater use of solar energy
15534systems in this state, and developing specific recommendations
15535for overcoming identified barriers, with findings and
15536recommendations to be submitted annually in the report to the
15537Governor and Legislature required under paragraph (f).
15538     4.  In cooperation with the Department of Environmental
15539Protection, the Department of Transportation, the Department of
15540Community Affairs, Enterprise Florida, Inc., the Florida Solar
15541Energy Center, and the Florida Solar Energy Industries
15542Association, investigating opportunities, pursuant to the
15543National Energy Policy Act of 1992, the Housing and Community
15544Development Act of 1992, and any subsequent federal legislation,
15545for solar electric vehicles and other solar energy
15546manufacturing, distribution, installation, and financing efforts
15547which will enhance this state's position as the leader in solar
15548energy research, development, and use.
15549     5.  Undertaking other initiatives to advance the
15550development and use of renewable energy resources in this state.
15551
15552In the exercise of its responsibilities under this paragraph,
15553the commission shall seek the assistance of the solar energy
15554industry in this state and other interested parties and is
15555authorized to enter into contracts, retain professional
15556consulting services, and expend funds appropriated by the
15557Legislature for such purposes.
15558     Section 314.  Subsection (1), paragraph (c) of subsection
15559(2), and subsections (3) and (4) of section 377.809, Florida
15560Statutes, are amended to read:
15561     377.809  Energy Economic Zone Pilot Program.-
15562     (1)  The Department of Economic Opportunity Community
15563Affairs, in consultation with the Department of Transportation,
15564shall implement an Energy Economic Zone Pilot Program for the
15565purpose of developing a model to help communities cultivate
15566green economic development, encourage renewable electric energy
15567generation, manufacture products that contribute to energy
15568conservation and green jobs, and further implement chapter 2008-
15569191, Laws of Florida, relative to discouraging sprawl and
15570developing energy-efficient land use patterns and greenhouse gas
15571reduction strategies. The Office of Tourism, Trade, and Economic
15572Development and the Florida Energy and Climate Commission shall
15573provide technical assistance to the departments in developing
15574and administering the program.
15575     (2)
15576     (c)  The Department of Economic Opportunity Community
15577Affairs shall grant at least one application if the application
15578meets the requirements of this subsection and the community has
15579demonstrated a prior commitment to energy conservation, carbon
15580reduction, green building, and economic development. The
15581Department of Economic Opportunity Community Affairs and the
15582Office of Tourism, Trade, and Economic Development shall provide
15583the pilot community, including businesses within the energy
15584economic zone, with technical assistance in identifying and
15585qualifying for eligible grants and credits in job creation,
15586energy, and other areas.
15587     (3)  The Department of Community Affairs, with the
15588assistance of the Office of Tourism, Trade, and Economic
15589Development, shall submit an interim report by February 15,
155902010, to the Governor, the President of the Senate, and the
15591Speaker of the House of Representatives regarding the status of
15592the pilot program. The report shall contain any recommendations
15593deemed appropriate by the department for statutory changes to
15594accomplish the goals of the pilot program community, including
15595whether it would be beneficial to provide financial incentives
15596similar to those offered to an enterprise zone.
15597     (3)(4)  If the pilot project is ongoing, the Department of
15598Economic Opportunity Community Affairs, with the assistance of
15599the Office of Tourism, Trade, and Economic Development, shall
15600submit a report to the Governor, the President of the Senate,
15601and the Speaker of the House of Representatives by February 15,
156022012, evaluating whether the pilot program has demonstrated
15603success. The report shall contain recommendations with regard to
15604whether the program should be expanded for use by other local
15605governments and whether state policies should be revised to
15606encourage the goals of the program.
15607     Section 315.  Subsection (3) of section 378.411, Florida
15608Statutes, is amended to read:
15609     378.411  Certification to receive notices of intent to
15610mine, to review, and to inspect for compliance.-
15611     (3)  In making his or her determination, the secretary
15612shall consult with the Department of Economic Opportunity
15613Community Affairs, the appropriate regional planning council,
15614and the appropriate water management district.
15615     Section 316.  Paragraph (c) of subsection (4) of section
15616379.2291, Florida Statutes, is amended to read:
15617     379.2291  Endangered and Threatened Species Act.-
15618     (4)  INTERAGENCY COORDINATION.-
15619     (c)  The commission, in consultation with the Department of
15620Agriculture and Consumer Services, the Department of Economic
15621Opportunity Community Affairs, or the Department of
15622Transportation, may establish reduced speed zones along roads,
15623streets, and highways to protect endangered species or
15624threatened species.
15625     Section 317.  Subsection (18) of section 380.031, Florida
15626Statutes, is amended to read:
15627     380.031  Definitions.-As used in this chapter:
15628     (18)  "State land planning agency" means the Department of
15629Economic Opportunity Community Affairs and may be referred to in
15630this part as the "department."
15631     Section 318.  Paragraph (e) of subsection (15) and
15632subsection (27) of section 380.06, Florida Statutes, are amended
15633to read:
15634     380.06  Developments of regional impact.-
15635     (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.-
15636     (e)1.  A local government shall not include, as a
15637development order condition for a development of regional
15638impact, any requirement that a developer contribute or pay for
15639land acquisition or construction or expansion of public
15640facilities or portions thereof unless the local government has
15641enacted a local ordinance which requires other development not
15642subject to this section to contribute its proportionate share of
15643the funds, land, or public facilities necessary to accommodate
15644any impacts having a rational nexus to the proposed development,
15645and the need to construct new facilities or add to the present
15646system of public facilities must be reasonably attributable to
15647the proposed development.
15648     2.  A local government shall not approve a development of
15649regional impact that does not make adequate provision for the
15650public facilities needed to accommodate the impacts of the
15651proposed development unless the local government includes in the
15652development order a commitment by the local government to
15653provide these facilities consistently with the development
15654schedule approved in the development order; however, a local
15655government's failure to meet the requirements of subparagraph 1.
15656and this subparagraph shall not preclude the issuance of a
15657development order where adequate provision is made by the
15658developer for the public facilities needed to accommodate the
15659impacts of the proposed development. Any funds or lands
15660contributed by a developer must be expressly designated and used
15661to accommodate impacts reasonably attributable to the proposed
15662development.
15663     3.  The department of Community Affairs and other state and
15664regional agencies involved in the administration and
15665implementation of this act shall cooperate and work with units
15666of local government in preparing and adopting local impact fee
15667and other contribution ordinances.
15668     (27)  RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A
15669DEVELOPMENT ORDER.-If a developer or owner is in doubt as to his
15670or her rights, responsibilities, and obligations under a
15671development order and the development order does not clearly
15672define his or her rights, responsibilities, and obligations, the
15673developer or owner may request participation in resolving the
15674dispute through the dispute resolution process outlined in s.
15675186.509. The department of Community Affairs shall be notified
15676by certified mail of any meeting held under the process provided
15677for by this subsection at least 5 days before the meeting.
15678     Section 319.  Paragraph (a) of subsection (5) of section
15679380.061, Florida Statutes, is amended to read:
15680     380.061  The Florida Quality Developments program.-
15681     (5)(a)  Before filing an application for development
15682designation, the developer shall contact the department of
15683Community Affairs to arrange one or more preapplication
15684conferences with the other reviewing entities. Upon the request
15685of the developer or any of the reviewing entities, other
15686affected state or regional agencies shall participate in this
15687conference. The department, in coordination with the local
15688government with jurisdiction and the regional planning council,
15689shall provide the developer information about the Florida
15690Quality Developments designation process and the use of
15691preapplication conferences to identify issues, coordinate
15692appropriate state, regional, and local agency requirements,
15693fully address any concerns of the local government, the regional
15694planning council, and other reviewing agencies and the meeting
15695of those concerns, if applicable, through development order
15696conditions, and otherwise promote a proper, efficient, and
15697timely review of the proposed Florida Quality Development. The
15698department shall take the lead in coordinating the review
15699process.
15700     Section 320.  Subsections (2) and (6) of section 380.0677,
15701Florida Statutes, are amended to read:
15702     380.0677  Green Swamp Land Authority.-
15703     (2)  MISSION.-The mission of the Green Swamp Land Authority
15704shall be to balance the protection of the ecological values of
15705the Green Swamp Area of Critical State Concern with the
15706protection of private property rights and the interests of
15707taxpayers through the acquisition of lands, or rights or
15708interests in lands, from willing sellers within the Green Swamp
15709Area of Critical State Concern. To that end, the authority is
15710encouraged to coordinate with the Division of State Lands of the
15711Department of Environmental Protection, the Florida Communities
15712Trust Program within the Department of Environmental Protection
15713Community Affairs, the Southwest Florida Water Management
15714District, and the St. Johns River Water Management District to
15715identify, select, and acquire less-than-fee-simple interests or
15716rights in parcels within the Green Swamp Area of Critical State
15717Concern, as part of overall land acquisition efforts by the
15718state and the districts. When the Department of Environmental
15719Protection and the water management districts are planning to
15720acquire parcels within the Green Swamp Area of Critical State
15721Concern, they shall consider acquiring such parcels using
15722alternatives to fee simple techniques in consultation with the
15723land authority.
15724     (6)  APPROPRIATIONS.-From funds appropriated to the
15725Department of Environmental Protection for land acquisition from
15726the Conservation and Recreation Lands Trust Fund for fiscal
15727years 1994-1995, 1995-1996, and 1996-1997, $4 million shall be
15728reserved each fiscal year to carry out the purposes of this
15729section. To the extent practicable, moneys appropriated from the
15730Conservation and Recreation Lands Trust Fund, Save Our Rivers
15731Trust Fund, and Florida Communities Trust Fund shall be used to
15732acquire lands, or interests or rights in lands, on the
15733Conservation and Recreation Lands, Save Our Rivers, or Florida
15734Communities Trust land acquisition plans or lists, as defined in
15735s. 259.035, or a land acquisition plan under s. 373.59 or s.
15736380.508. However, nothing in this subsection prohibits the Green
15737Swamp Land Authority from entering into land protection
15738agreements with any property owner whose property is not on any
15739of such lists. From sums appropriated to the Department of
15740Environmental Protection from the Water Management District
15741Lands Trust Fund for fiscal years 1994-1995, 1995-1996, and
157421996-1997, $3 million shall be reserved each fiscal year to
15743carry out the purposes of this section. Such amounts as are used
15744from the Water Management District Lands Trust Fund shall be
15745credited against the allocations as provided in s. 373.59 to the
15746St. Johns River Water Management District or the Southwest
15747Florida Water Management District in proportion to the amount of
15748lands for which an interest was acquired, and shall not be
15749required by a district for debt service payments or land
15750management purposes. From funds appropriated to the Department
15751of Community Affairs for the Florida Communities Trust Program
15752from the Preservation 2000 Trust Fund for fiscal years 1994-1995
15753through 1999-2000, $3 million shall be reserved each fiscal year
15754to carry out the purposes of this section. Appropriations
15755identified pursuant to this subsection shall fund the
15756acquisition of lands, or the interests or rights in lands, and
15757related costs of acquisition. Such funds shall be available for
15758expenditure after the land authority has adopted rules to begin
15759its program. Funds reserved pursuant to this subsection, for
15760each of the referenced fiscal years, shall remain available for
15761the purposes specified in this subsection for 24 months from the
15762date on which such funds become available for disbursement.
15763After such time has elapsed, any funds which are not legally
15764obligated for expenditure shall be released for the lawful
15765purposes for which they were otherwise appropriated.
15766     Section 321.  Subsection (2) of section 380.503, Florida
15767Statutes, is amended to read:
15768     380.503  Definitions.-As used in ss. 380.501-380.515,
15769unless the context indicates a different meaning or intent:
15770     (2)  "Department" means the Department of Environmental
15771Protection Community Affairs.
15772     Section 322.  Subsection (1) of section 380.504, Florida
15773Statutes, is amended to read:
15774     380.504  Florida Communities Trust; creation; membership;
15775expenses.-
15776     (1)  There is created within the Department of
15777Environmental Protection the Department of Community Affairs a
15778nonregulatory state agency and instrumentality, which shall be a
15779public body corporate and politic, known as the "Florida
15780Communities Trust." The governing body of the trust shall
15781consist of:
15782     (a)  The Commissioner of Economic Opportunity Secretary of
15783Community Affairs and the Secretary of Environmental Protection;
15784and
15785     (b)  Four public members whom the Governor shall appoint
15786subject to Senate confirmation.
15787
15788The Governor shall appoint a former elected official of a county
15789government, a former elected official of a metropolitan
15790municipal government, a representative of a nonprofit
15791organization as defined in this part, and a representative of
15792the development industry. The Commissioner of Economic
15793Opportunity Secretary of Community Affairs may designate his or
15794her assistant secretary or the director of the Division of
15795Community Planning and Development to serve in his or her
15796absence. The Secretary of Environmental Protection may appoint
15797his or her deputy secretary, the director of the Division of
15798State Lands, or the director of the Division of Recreation and
15799Parks to serve in his or her absence. The Secretary of
15800Environmental Protection Secretary of Community Affairs shall be
15801the chair of the governing body of the trust. The Governor shall
15802make his or her appointments upon the expiration of any current
15803terms or within 60 days after the effective date of the
15804resignation of any member.
15805     Section 323.  Subsection (1) of section 380.5115, Florida
15806Statutes, is amended to read:
15807     380.5115  Florida Forever Program Trust Fund of the
15808Department of Environmental Protection Community Affairs.-
15809     (1)  There is created a Florida Forever Program Trust Fund
15810within the department of Community Affairs to further the
15811purposes of this part as specified in s. 259.105(3)(c) and (j).
15812The trust fund shall receive funds pursuant to s. 259.105(3)(c)
15813and (j).
15814     Section 324.  Paragraph (e) of subsection (2) and paragraph
15815(b) of subsection (5) of section 381.0303, Florida Statutes, are
15816amended to read:
15817     381.0303  Special needs shelters.-
15818     (2)  SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
15819ASSISTANCE.-If funds have been appropriated to support disaster
15820coordinator positions in county health departments:
15821     (e)  The Secretary of Elderly Affairs, or his or her
15822designee, shall convene, at any time that he or she deems
15823appropriate and necessary, a multiagency special needs shelter
15824discharge planning team to assist local areas that are severely
15825impacted by a natural or manmade disaster that requires the use
15826of special needs shelters. Multiagency special needs shelter
15827discharge planning teams shall provide assistance to local
15828emergency management agencies with the continued operation or
15829closure of the shelters, as well as with the discharge of
15830special needs clients to alternate facilities if necessary.
15831Local emergency management agencies may request the assistance
15832of a multiagency special needs shelter discharge planning team
15833by alerting statewide emergency management officials of the
15834necessity for additional assistance in their area. The Secretary
15835of Elderly Affairs is encouraged to proactively work with other
15836state agencies prior to any natural disasters for which warnings
15837are provided to ensure that multiagency special needs shelter
15838discharge planning teams are ready to assemble and deploy
15839rapidly upon a determination by state emergency management
15840officials that a disaster area requires additional assistance.
15841The Secretary of Elderly Affairs may call upon any state agency
15842or office to provide staff to assist a multiagency special needs
15843shelter discharge planning team. Unless the secretary determines
15844that the nature or circumstances surrounding the disaster do not
15845warrant participation from a particular agency's staff, each
15846multiagency special needs shelter discharge planning team shall
15847include at least one representative from each of the following
15848state agencies:
15849     1.  Department of Elderly Affairs.
15850     2.  Department of Health.
15851     3.  Department of Children and Family Services.
15852     4.  Department of Veterans' Affairs.
15853     5.  Division of Emergency Management Department of
15854Community Affairs.
15855     6.  Agency for Health Care Administration.
15856     7.  Agency for Persons with Disabilities.
15857     (5)  SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.-The State
15858Surgeon General may establish a special needs shelter
15859interagency committee and serve as, or appoint a designee to
15860serve as, the committee's chair. The department shall provide
15861any necessary staff and resources to support the committee in
15862the performance of its duties. The committee shall address and
15863resolve problems related to special needs shelters not addressed
15864in the state comprehensive emergency medical plan and shall
15865consult on the planning and operation of special needs shelters.
15866     (b)  The special needs shelter interagency committee shall
15867be composed of representatives of emergency management, health,
15868medical, and social services organizations. Membership shall
15869include, but shall not be limited to, representatives of the
15870Departments of Health, Community Affairs, Children and Family
15871Services, Elderly Affairs, and Education; the Agency for Health
15872Care Administration; the Division of Emergency Management; the
15873Florida Medical Association; the Florida Osteopathic Medical
15874Association; Associated Home Health Industries of Florida, Inc.;
15875the Florida Nurses Association; the Florida Health Care
15876Association; the Florida Assisted Living Affiliation; the
15877Florida Hospital Association; the Florida Statutory Teaching
15878Hospital Council; the Florida Association of Homes for the
15879Aging; the Florida Emergency Preparedness Association; the
15880American Red Cross; Florida Hospices and Palliative Care, Inc.;
15881the Association of Community Hospitals and Health Systems; the
15882Florida Association of Health Maintenance Organizations; the
15883Florida League of Health Systems; the Private Care Association;
15884the Salvation Army; the Florida Association of Aging Services
15885Providers; the AARP; and the Florida Renal Coalition.
15886     Section 325.  Subsection (3) of section 381.7354, Florida
15887Statutes, is amended to read:
15888     381.7354  Eligibility.-
15889     (3)  In addition to the grants awarded under subsections
15890(1) and (2), up to 20 percent of the funding for the Reducing
15891Racial and Ethnic Health Disparities: Closing the Gap grant
15892program shall be dedicated to projects that address improving
15893racial and ethnic health status within specific Front Porch
15894Florida Communities, as designated pursuant to s. 20.18(6).
15895     Section 326.  Subsection (8) of section 393.067, Florida
15896Statutes, is amended to read:
15897     393.067  Facility licensure.-
15898     (8)  The agency, after consultation with the Division of
15899Emergency Management Department of Community Affairs, shall
15900adopt rules for foster care facilities, group home facilities,
15901and residential habilitation centers which establish minimum
15902standards for the preparation and annual update of a
15903comprehensive emergency management plan. At a minimum, the rules
15904must provide for plan components that address emergency
15905evacuation transportation; adequate sheltering arrangements;
15906postdisaster activities, including emergency power, food, and
15907water; postdisaster transportation; supplies; staffing;
15908emergency equipment; individual identification of residents and
15909transfer of records; and responding to family inquiries. The
15910comprehensive emergency management plan for all comprehensive
15911transitional education programs and for homes serving
15912individuals who have complex medical conditions is subject to
15913review and approval by the local emergency management agency.
15914During its review, the local emergency management agency shall
15915ensure that the agency and the Division of Emergency Management
15916Department of Community Affairs, at a minimum, are given the
15917opportunity to review the plan. Also, appropriate volunteer
15918organizations must be given the opportunity to review the plan.
15919The local emergency management agency shall complete its review
15920within 60 days and either approve the plan or advise the
15921facility of necessary revisions.
15922     Section 327.  Paragraph (c) of subsection (1) of section
15923395.1055, Florida Statutes, is amended to read:
15924     395.1055  Rules and enforcement.-
15925     (1)  The agency shall adopt rules pursuant to ss.
15926120.536(1) and 120.54 to implement the provisions of this part,
15927which shall include reasonable and fair minimum standards for
15928ensuring that:
15929     (c)  A comprehensive emergency management plan is prepared
15930and updated annually. Such standards must be included in the
15931rules adopted by the agency after consulting with the Division
15932of Emergency Management Department of Community Affairs. At a
15933minimum, the rules must provide for plan components that address
15934emergency evacuation transportation; adequate sheltering
15935arrangements; postdisaster activities, including emergency
15936power, food, and water; postdisaster transportation; supplies;
15937staffing; emergency equipment; individual identification of
15938residents and transfer of records, and responding to family
15939inquiries. The comprehensive emergency management plan is
15940subject to review and approval by the local emergency management
15941agency. During its review, the local emergency management agency
15942shall ensure that the following agencies, at a minimum, are
15943given the opportunity to review the plan: the Department of
15944Elderly Affairs, the Department of Health, the Agency for Health
15945Care Administration, and the Division of Emergency Management
15946Department of Community Affairs. Also, appropriate volunteer
15947organizations must be given the opportunity to review the plan.
15948The local emergency management agency shall complete its review
15949within 60 days and either approve the plan or advise the
15950facility of necessary revisions.
15951     Section 328.  Paragraph (a) of subsection (1) of section
15952395.1056, Florida Statutes, is amended to read:
15953     395.1056  Plan components addressing a hospital's response
15954to terrorism; public records exemption; public meetings
15955exemption.-
15956     (1)(a)  Those portions of a comprehensive emergency
15957management plan that address the response of a public or private
15958hospital to an act of terrorism as defined by s. 775.30 held by
15959the agency, a state or local law enforcement agency, a county or
15960municipal emergency management agency, the Executive Office of
15961the Governor, or the Department of Health, or the Department of
15962Community Affairs are confidential and exempt from s. 119.07(1)
15963and s. 24(a), Art. I of the State Constitution.
15964     Section 329.  Paragraph (c) of subsection (14) of section
15965397.321, Florida Statutes, is amended to read:
15966     397.321  Duties of the department.-The department shall:
15967     (14)  In cooperation with service providers, foster and
15968actively seek additional funding to enhance resources for
15969prevention, intervention, clinical treatment, and recovery
15970support services, including, but not limited to, the development
15971of partnerships with:
15972     (c)  State agencies, including, but not limited to, the
15973Department of Corrections, the Department of Education, the
15974Department of Juvenile Justice, the Department of Economic
15975Opportunity Community Affairs, the Department of Elderly
15976Affairs, the Department of Health, the Department of Financial
15977Services, and the Agency for Health Care Administration.
15978     Section 330.  Subsection (1) of section 397.801, Florida
15979Statutes, is amended to read:
15980     397.801  Substance abuse impairment coordination.-
15981     (1)  The Department of Children and Family Services, the
15982Department of Education, the Department of Corrections, the
15983Department of Economic Opportunity Community Affairs, and the
15984Department of Law Enforcement each shall appoint a policy level
15985staff person to serve as the agency substance abuse impairment
15986coordinator. The responsibilities of the agency coordinator
15987include interagency and intraagency coordination, collection and
15988dissemination of agency-specific data relating to substance
15989abuse impairment, and participation in the development of the
15990state comprehensive plan for substance abuse impairment.
15991     Section 331.  Paragraph (g) of subsection (2) of section
15992400.23, Florida Statutes, is amended to read:
15993     400.23  Rules; evaluation and deficiencies; licensure
15994status.-
15995     (2)  Pursuant to the intention of the Legislature, the
15996agency, in consultation with the Department of Health and the
15997Department of Elderly Affairs, shall adopt and enforce rules to
15998implement this part and part II of chapter 408, which shall
15999include reasonable and fair criteria in relation to:
16000     (g)  The preparation and annual update of a comprehensive
16001emergency management plan. The agency shall adopt rules
16002establishing minimum criteria for the plan after consultation
16003with the Division of Emergency Management Department of
16004Community Affairs. At a minimum, the rules must provide for plan
16005components that address emergency evacuation transportation;
16006adequate sheltering arrangements; postdisaster activities,
16007including emergency power, food, and water; postdisaster
16008transportation; supplies; staffing; emergency equipment;
16009individual identification of residents and transfer of records;
16010and responding to family inquiries. The comprehensive emergency
16011management plan is subject to review and approval by the local
16012emergency management agency. During its review, the local
16013emergency management agency shall ensure that the following
16014agencies, at a minimum, are given the opportunity to review the
16015plan: the Department of Elderly Affairs, the Department of
16016Health, the Agency for Health Care Administration, and the
16017Division of Emergency Management Department of Community
16018Affairs. Also, appropriate volunteer organizations must be given
16019the opportunity to review the plan. The local emergency
16020management agency shall complete its review within 60 days and
16021either approve the plan or advise the facility of necessary
16022revisions.
16023     Section 332.  Paragraph (a) of subsection (10) of section
16024400.497, Florida Statutes, is amended to read:
16025     400.497  Rules establishing minimum standards.-The agency
16026shall adopt, publish, and enforce rules to implement part II of
16027chapter 408 and this part, including, as applicable, ss. 400.506
16028and 400.509, which must provide reasonable and fair minimum
16029standards relating to:
16030     (10)  Preparation of a comprehensive emergency management
16031plan pursuant to s. 400.492.
16032     (a)  The Agency for Health Care Administration shall adopt
16033rules establishing minimum criteria for the plan and plan
16034updates, with the concurrence of the Department of Health and in
16035consultation with the Division of Emergency Management
16036Department of Community Affairs.
16037     Section 333.  Paragraph (f) of subsection (12) of section
16038400.506, Florida Statutes, is amended to read:
16039     400.506  Licensure of nurse registries; requirements;
16040penalties.-
16041     (12)  Each nurse registry shall prepare and maintain a
16042comprehensive emergency management plan that is consistent with
16043the criteria in this subsection and with the local special needs
16044plan. The plan shall be updated annually. The plan shall include
16045the means by which the nurse registry will continue to provide
16046the same type and quantity of services to its patients who
16047evacuate to special needs shelters which were being provided to
16048those patients prior to evacuation. The plan shall specify how
16049the nurse registry shall facilitate the provision of continuous
16050care by persons referred for contract to persons who are
16051registered pursuant to s. 252.355 during an emergency that
16052interrupts the provision of care or services in private
16053residences. Nurse registries may establish links to local
16054emergency operations centers to determine a mechanism by which
16055to approach specific areas within a disaster area in order for a
16056provider to reach its clients. Nurse registries shall
16057demonstrate a good faith effort to comply with the requirements
16058of this subsection by documenting attempts of staff to follow
16059procedures outlined in the nurse registry's comprehensive
16060emergency management plan which support a finding that the
16061provision of continuing care has been attempted for patients
16062identified as needing care by the nurse registry and registered
16063under s. 252.355 in the event of an emergency under this
16064subsection.
16065     (f)  The Agency for Health Care Administration shall adopt
16066rules establishing minimum criteria for the comprehensive
16067emergency management plan and plan updates required by this
16068subsection, with the concurrence of the Department of Health and
16069in consultation with the Division of Emergency Management
16070Department of Community Affairs.
16071     Section 334.  Paragraph (h) of subsection (1) of section
16072400.605, Florida Statutes, is amended to read:
16073     400.605  Administration; forms; fees; rules; inspections;
16074fines.-
16075     (1)  The agency, in consultation with the department, may
16076adopt rules to administer the requirements of part II of chapter
16077408. The department, in consultation with the agency, shall by
16078rule establish minimum standards and procedures for a hospice
16079pursuant to this part. The rules must include:
16080     (h)  Components of a comprehensive emergency management
16081plan, developed in consultation with the Department of Health,
16082the Department of Elderly Affairs, and the Division of Emergency
16083Management Department of Community Affairs.
16084     Section 335.  Subsection (9) of section 400.935, Florida
16085Statutes, is amended to read:
16086     400.935  Rules establishing minimum standards.-The agency
16087shall adopt, publish, and enforce rules to implement this part
16088and part II of chapter 408, which must provide reasonable and
16089fair minimum standards relating to:
16090     (9)  Preparation of the comprehensive emergency management
16091plan under s. 400.934 and the establishment of minimum criteria
16092for the plan, including the maintenance of patient equipment and
16093supply lists that can accompany patients who are transported
16094from their homes. Such rules shall be formulated in consultation
16095with the Department of Health and the Division of Emergency
16096Management Department of Community Affairs.
16097     Section 336.  Paragraph (g) of subsection (2) of section
16098400.967, Florida Statutes, is amended to read:
16099     400.967  Rules and classification of deficiencies.-
16100     (2)  Pursuant to the intention of the Legislature, the
16101agency, in consultation with the Agency for Persons with
16102Disabilities and the Department of Elderly Affairs, shall adopt
16103and enforce rules to administer this part and part II of chapter
16104408, which shall include reasonable and fair criteria governing:
16105     (g)  The preparation and annual update of a comprehensive
16106emergency management plan. The agency shall adopt rules
16107establishing minimum criteria for the plan after consultation
16108with the Division of Emergency Management Department of
16109Community Affairs. At a minimum, the rules must provide for plan
16110components that address emergency evacuation transportation;
16111adequate sheltering arrangements; postdisaster activities,
16112including emergency power, food, and water; postdisaster
16113transportation; supplies; staffing; emergency equipment;
16114individual identification of residents and transfer of records;
16115and responding to family inquiries. The comprehensive emergency
16116management plan is subject to review and approval by the local
16117emergency management agency. During its review, the local
16118emergency management agency shall ensure that the following
16119agencies, at a minimum, are given the opportunity to review the
16120plan: the Department of Elderly Affairs, the Agency for Persons
16121with Disabilities, the Agency for Health Care Administration,
16122and the Division of Emergency Management Department of Community
16123Affairs. Also, appropriate volunteer organizations must be given
16124the opportunity to review the plan. The local emergency
16125management agency shall complete its review within 60 days and
16126either approve the plan or advise the facility of necessary
16127revisions.
16128     Section 337.  Paragraph (b) of subsection (2) of section
16129401.245, Florida Statutes, is amended to read:
16130     401.245  Emergency Medical Services Advisory Council.-
16131     (2)
16132     (b)  Representation on the Emergency Medical Services
16133Advisory Council shall include: two licensed physicians who are
16134"medical directors" as defined in s. 401.23(15) or whose medical
16135practice is closely related to emergency medical services; two
16136emergency medical service administrators, one of whom is
16137employed by a fire service; two certified paramedics, one of
16138whom is employed by a fire service; two certified emergency
16139medical technicians, one of whom is employed by a fire service;
16140one emergency medical services educator; one emergency nurse;
16141one hospital administrator; one representative of air ambulance
16142services; one representative of a commercial ambulance operator;
16143and two laypersons who are in no way connected with emergency
16144medical services, one of whom is a representative of the
16145elderly. Ex officio members of the advisory council from state
16146agencies shall include, but shall not be limited to,
16147representatives from the Department of Education, the Department
16148of Management Services, the State Fire Marshal, the Department
16149of Highway Safety and Motor Vehicles, the Department of
16150Transportation, and the Division of Emergency Management
16151Department of Community Affairs.
16152     Section 338.  Subsection (5) of section 403.0752, Florida
16153Statutes, is amended to read:
16154     403.0752  Ecosystem management agreements.-
16155     (5)  The Commissioner of Economic Opportunity Secretary of
16156Community Affairs, the Secretary of Transportation, the
16157Commissioner of Agriculture, the Executive Director of the Fish
16158and Wildlife Conservation Commission, and the executive
16159directors of the water management districts are authorized to
16160participate in the development of ecosystem management
16161agreements with regulated entities and other governmental
16162agencies as necessary to effectuate the provisions of this
16163section. Local governments are encouraged to participate in
16164ecosystem management agreements.
16165     Section 339.  Subsection (6) of section 403.0891, Florida
16166Statutes, is amended to read:
16167     403.0891  State, regional, and local stormwater management
16168plans and programs.-The department, the water management
16169districts, and local governments shall have the responsibility
16170for the development of mutually compatible stormwater management
16171programs.
16172     (6)  The department and the Department of Economic
16173Opportunity Community Affairs, in cooperation with local
16174governments in the coastal zone, shall develop a model
16175stormwater management program that could be adopted by local
16176governments. The model program shall contain dedicated funding
16177options, including a stormwater utility fee system based upon an
16178equitable unit cost approach. Funding options shall be designed
16179to generate capital to retrofit existing stormwater management
16180systems, build new treatment systems, operate facilities, and
16181maintain and service debt.
16182     Section 340.  Paragraph (b) of subsection (3) of section
16183403.42, Florida Statutes, is amended to read:
16184     403.42  Florida Clean Fuel Act.-
16185     (3)  CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;
16186MEMBERSHIP; DUTIES AND RESPONSIBILITIES.-
16187     (b)1.  The advisory board shall consist of the Commissioner
16188of Economic Opportunity the Secretary of Community Affairs, or a
16189designee from that department, the Secretary of Environmental
16190Protection, or a designee from that department, the Commissioner
16191of Education, or a designee from that department, the Secretary
16192of Transportation, or a designee from that department, the
16193Commissioner of Agriculture, or a designee from that the
16194department of Agriculture and Consumer Services, the Secretary
16195of Management Services, or a designee from that department, and
16196a representative of each of the following, who shall be
16197appointed by the Secretary of Environmental Protection:
16198     a.  The Florida biodiesel industry.
16199     b.  The Florida electric utility industry.
16200     c.  The Florida natural gas industry.
16201     d.  The Florida propane gas industry.
16202     e.  An automobile manufacturers' association.
16203     f.  A Florida Clean Cities Coalition designated by the
16204United States Department of Energy.
16205     g.  Enterprise Florida, Inc.
16206     h.  EV Ready Broward.
16207     i.  The Florida petroleum industry.
16208     j.  The Florida League of Cities.
16209     k.  The Florida Association of Counties.
16210     l.  Floridians for Better Transportation.
16211     m.  A motor vehicle manufacturer.
16212     n.  Florida Local Environment Resource Agencies.
16213     o.  Project for an Energy Efficient Florida.
16214     p.  Florida Transportation Builders Association.
16215     2.  The purpose of the advisory board is to serve as a
16216resource for the department and to provide the Governor, the
16217Legislature, and the Secretary of Environmental Protection with
16218private sector and other public agency perspectives on achieving
16219the goal of increasing the use of alternative fuel vehicles in
16220this state.
16221     3.  Members shall be appointed to serve terms of 1 year
16222each, with reappointment at the discretion of the Secretary of
16223Environmental Protection. Vacancies shall be filled for the
16224remainder of the unexpired term in the same manner as the
16225original appointment.
16226     4.  The board shall annually select a chairperson.
16227     5.a.  The board shall meet at least once each quarter or
16228more often at the call of the chairperson or the Secretary of
16229Environmental Protection.
16230     b.  Meetings are exempt from the notice requirements of
16231chapter 120, and sufficient notice shall be given to afford
16232interested persons reasonable notice under the circumstances.
16233     6.  Members of the board are entitled to travel expenses
16234while engaged in the performance of board duties.
16235     7.  The board shall terminate 5 years after the effective
16236date of this act.
16237     Section 341.  Paragraph (a) of subsection (2) of section
16238403.507, Florida Statutes, is amended to read:
16239     403.507  Preliminary statements of issues, reports, project
16240analyses, and studies.-
16241     (2)(a)  No later than 100 days after the certification
16242application has been determined complete, the following agencies
16243shall prepare reports as provided below and shall submit them to
16244the department and the applicant, unless a final order denying
16245the determination of need has been issued under s. 403.519:
16246     1.  The Department of Economic Opportunity Community
16247Affairs shall prepare a report containing recommendations which
16248address the impact upon the public of the proposed electrical
16249power plant, based on the degree to which the electrical power
16250plant is consistent with the applicable portions of the state
16251comprehensive plan, emergency management, and other such matters
16252within its jurisdiction. The Department of Economic Opportunity
16253Community Affairs may also comment on the consistency of the
16254proposed electrical power plant with applicable strategic
16255regional policy plans or local comprehensive plans and land
16256development regulations.
16257     2.  The water management district shall prepare a report as
16258to matters within its jurisdiction, including but not limited
16259to, the impact of the proposed electrical power plant on water
16260resources, regional water supply planning, and district-owned
16261lands and works.
16262     3.  Each local government in whose jurisdiction the
16263proposed electrical power plant is to be located shall prepare a
16264report as to the consistency of the proposed electrical power
16265plant with all applicable local ordinances, regulations,
16266standards, or criteria that apply to the proposed electrical
16267power plant, including any applicable local environmental
16268regulations adopted pursuant to s. 403.182 or by other means.
16269     4.  The Fish and Wildlife Conservation Commission shall
16270prepare a report as to matters within its jurisdiction.
16271     5.  Each regional planning council shall prepare a report
16272containing recommendations that address the impact upon the
16273public of the proposed electrical power plant, based on the
16274degree to which the electrical power plant is consistent with
16275the applicable provisions of the strategic regional policy plan
16276adopted pursuant to chapter 186 and other matters within its
16277jurisdiction.
16278     6.  The Department of Transportation shall address the
16279impact of the proposed electrical power plant on matters within
16280its jurisdiction.
16281     Section 342.  Paragraph (a) of subsection (3) of section
16282403.508, Florida Statutes, is amended to read:
16283     403.508  Land use and certification hearings, parties,
16284participants.-
16285     (3)(a)  Parties to the proceeding shall include:
16286     1.  The applicant.
16287     2.  The Public Service Commission.
16288     3.  The Department of Economic Opportunity Community
16289Affairs.
16290     4.  The Fish and Wildlife Conservation Commission.
16291     5.  The water management district.
16292     6.  The department.
16293     7.  The regional planning council.
16294     8.  The local government.
16295     9.  The Department of Transportation.
16296     Section 343.  Paragraph (b) of subsection (2) of section
16297403.524, Florida Statutes, is amended to read:
16298     403.524  Applicability; certification; exemptions.-
16299     (2)  Except as provided in subsection (1), construction of
16300a transmission line may not be undertaken without first
16301obtaining certification under this act, but this act does not
16302apply to:
16303     (b)  Transmission lines that have been exempted by a
16304binding letter of interpretation issued under s. 380.06(4), or
16305in which the Department of Economic Opportunity Community
16306Affairs or its predecessor agency has determined the utility to
16307have vested development rights within the meaning of s.
16308380.05(18) or s. 380.06(20).
16309     Section 344.  Paragraph (a) of subsection (2) of section
16310403.526, Florida Statutes, is amended to read:
16311     403.526  Preliminary statements of issues, reports, and
16312project analyses; studies.-
16313     (2)(a)  No later than 90 days after the filing of the
16314application, the following agencies shall prepare reports as
16315provided below, unless a final order denying the determination
16316of need has been issued under s. 403.537:
16317     1.  The department shall prepare a report as to the impact
16318of each proposed transmission line or corridor as it relates to
16319matters within its jurisdiction.
16320     2.  Each water management district in the jurisdiction of
16321which a proposed transmission line or corridor is to be located
16322shall prepare a report as to the impact on water resources and
16323other matters within its jurisdiction.
16324     3.  The Department of Economic Opportunity Community
16325Affairs shall prepare a report containing recommendations which
16326address the impact upon the public of the proposed transmission
16327line or corridor, based on the degree to which the proposed
16328transmission line or corridor is consistent with the applicable
16329portions of the state comprehensive plan, emergency management,
16330and other matters within its jurisdiction. The Department of
16331Economic Opportunity Community Affairs may also comment on the
16332consistency of the proposed transmission line or corridor with
16333applicable strategic regional policy plans or local
16334comprehensive plans and land development regulations.
16335     4.  The Fish and Wildlife Conservation Commission shall
16336prepare a report as to the impact of each proposed transmission
16337line or corridor on fish and wildlife resources and other
16338matters within its jurisdiction.
16339     5.  Each local government shall prepare a report as to the
16340impact of each proposed transmission line or corridor on matters
16341within its jurisdiction, including the consistency of the
16342proposed transmission line or corridor with all applicable local
16343ordinances, regulations, standards, or criteria that apply to
16344the proposed transmission line or corridor, including local
16345comprehensive plans, zoning regulations, land development
16346regulations, and any applicable local environmental regulations
16347adopted pursuant to s. 403.182 or by other means. A change by
16348the responsible local government or local agency in local
16349comprehensive plans, zoning ordinances, or other regulations
16350made after the date required for the filing of the local
16351government's report required by this section is not applicable
16352to the certification of the proposed transmission line or
16353corridor unless the certification is denied or the application
16354is withdrawn.
16355     6.  Each regional planning council shall present a report
16356containing recommendations that address the impact upon the
16357public of the proposed transmission line or corridor based on
16358the degree to which the transmission line or corridor is
16359consistent with the applicable provisions of the strategic
16360regional policy plan adopted under chapter 186 and other impacts
16361of each proposed transmission line or corridor on matters within
16362its jurisdiction.
16363     7.  The Department of Transportation shall prepare a report
16364as to the impact of the proposed transmission line or corridor
16365on state roads, railroads, airports, aeronautics, seaports, and
16366other matters within its jurisdiction.
16367     8.  The commission shall prepare a report containing its
16368determination under s. 403.537, and the report may include the
16369comments from the commission with respect to any other subject
16370within its jurisdiction.
16371     9.  Any other agency, if requested by the department, shall
16372also perform studies or prepare reports as to subjects within
16373the jurisdiction of the agency which may potentially be affected
16374by the proposed transmission line.
16375     Section 345.  Paragraph (a) of subsection (2) of section
16376403.527, Florida Statutes, is amended to read:
16377     403.527  Certification hearing, parties, participants.-
16378     (2)(a)  Parties to the proceeding shall be:
16379     1.  The applicant.
16380     2.  The department.
16381     3.  The commission.
16382     4.  The Department of Economic Opportunity Community
16383Affairs.
16384     5.  The Fish and Wildlife Conservation Commission.
16385     6.  The Department of Transportation.
16386     7.  Each water management district in the jurisdiction of
16387which the proposed transmission line or corridor is to be
16388located.
16389     8.  The local government.
16390     9.  The regional planning council.
16391     Section 346.  Subsection (1) of section 403.757, Florida
16392Statutes, is amended to read:
16393     403.757  Coordination with other state agencies.-
16394     (1)  The department shall coordinate its activities and
16395functions under ss. 403.75-403.769 and s. 526.01, as amended by
16396chapter 84-338, Laws of Florida, with the Department of Economic
16397Opportunity Community Affairs and other state agencies to avoid
16398duplication in reporting and information gathering.
16399     Section 347.  Paragraph (a) of subsection (2) of section
16400403.941, Florida Statutes, is amended to read:
16401     403.941  Preliminary statements of issues, reports, and
16402studies.-
16403     (2)(a)  The affected agencies shall prepare reports as
16404provided in this paragraph and shall submit them to the
16405department and the applicant within 60 days after the
16406application is determined sufficient:
16407     1.  The department shall prepare a report as to the impact
16408of each proposed natural gas transmission pipeline or corridor
16409as it relates to matters within its jurisdiction.
16410     2.  Each water management district in the jurisdiction of
16411which a proposed natural gas transmission pipeline or corridor
16412is to be located shall prepare a report as to the impact on
16413water resources and other matters within its jurisdiction.
16414     3.  The Department of Economic Opportunity Community
16415Affairs shall prepare a report containing recommendations which
16416address the impact upon the public of the proposed natural gas
16417transmission pipeline or corridor, based on the degree to which
16418the proposed natural gas transmission pipeline or corridor is
16419consistent with the applicable portions of the state
16420comprehensive plan and other matters within its jurisdiction.
16421The Department of Economic Opportunity Community Affairs may
16422also comment on the consistency of the proposed natural gas
16423transmission pipeline or corridor with applicable strategic
16424regional policy plans or local comprehensive plans and land
16425development regulations.
16426     4.  The Fish and Wildlife Conservation Commission shall
16427prepare a report as to the impact of each proposed natural gas
16428transmission pipeline or corridor on fish and wildlife resources
16429and other matters within its jurisdiction.
16430     5.  Each local government in which the natural gas
16431transmission pipeline or natural gas transmission pipeline
16432corridor will be located shall prepare a report as to the impact
16433of each proposed natural gas transmission pipeline or corridor
16434on matters within its jurisdiction, including the consistency of
16435the proposed natural gas transmission pipeline or corridor with
16436all applicable local ordinances, regulations, standards, or
16437criteria that apply to the proposed natural gas transmission
16438pipeline or corridor, including local comprehensive plans,
16439zoning regulations, land development regulations, and any
16440applicable local environmental regulations adopted pursuant to
16441s. 403.182 or by other means. No change by the responsible local
16442government or local agency in local comprehensive plans, zoning
16443ordinances, or other regulations made after the date required
16444for the filing of the local government's report required by this
16445section shall be applicable to the certification of the proposed
16446natural gas transmission pipeline or corridor unless the
16447certification is denied or the application is withdrawn.
16448     6.  Each regional planning council in which the natural gas
16449transmission pipeline or natural gas transmission pipeline
16450corridor will be located shall present a report containing
16451recommendations that address the impact upon the public of the
16452proposed natural gas transmission pipeline or corridor, based on
16453the degree to which the natural gas transmission pipeline or
16454corridor is consistent with the applicable provisions of the
16455strategic regional policy plan adopted pursuant to chapter 186
16456and other impacts of each proposed natural gas transmission
16457pipeline or corridor on matters within its jurisdiction.
16458     7.  The Department of Transportation shall prepare a report
16459on the effect of the natural gas transmission pipeline or
16460natural gas transmission pipeline corridor on matters within its
16461jurisdiction, including roadway crossings by the pipeline. The
16462report shall contain at a minimum:
16463     a.  A report by the applicant to the department stating
16464that all requirements of the department's utilities
16465accommodation guide have been or will be met in regard to the
16466proposed pipeline or pipeline corridor; and
16467     b.  A statement by the department as to the adequacy of the
16468report to the department by the applicant.
16469     8.  The Department of State, Division of Historical
16470Resources, shall prepare a report on the impact of the natural
16471gas transmission pipeline or natural gas transmission pipeline
16472corridor on matters within its jurisdiction.
16473     9.  The commission shall prepare a report addressing
16474matters within its jurisdiction. The commission's report shall
16475include its determination of need issued pursuant to s.
16476403.9422.
16477     Section 348.  Paragraph (a) of subsection (4) of section
16478403.9411, Florida Statutes, is amended to read:
16479     403.9411  Notice; proceedings; parties and participants.-
16480     (4)(a)  Parties to the proceeding shall be:
16481     1.  The applicant.
16482     2.  The department.
16483     3.  The commission.
16484     4.  The Department of Economic Opportunity Community
16485Affairs.
16486     5.  The Fish and Wildlife Conservation Commission.
16487     6.  Each water management district in the jurisdiction of
16488which the proposed natural gas transmission pipeline or corridor
16489is to be located.
16490     7.  The local government.
16491     8.  The regional planning council.
16492     9.  The Department of Transportation.
16493     10.  The Department of State, Division of Historical
16494Resources.
16495     Section 349.  Subsection (4) of section 403.973, Florida
16496Statutes, is amended to read:
16497     403.973  Expedited permitting; amendments to comprehensive
16498plans.-
16499     (4)  The regional teams shall be established through the
16500execution of memoranda of agreement developed by the applicant
16501and the secretary, with input solicited from the office and the
16502respective heads of the Department of Economic Opportunity
16503Community Affairs, the Department of Transportation and its
16504district offices, the Department of Agriculture and Consumer
16505Services, the Fish and Wildlife Conservation Commission,
16506appropriate regional planning councils, appropriate water
16507management districts, and voluntarily participating
16508municipalities and counties. The memoranda of agreement should
16509also accommodate participation in this expedited process by
16510other local governments and federal agencies as circumstances
16511warrant.
16512     Section 350.  Subsection (4) of section 404.056, Florida
16513Statutes, is amended to read:
16514     404.056  Environmental radiation standards and projects;
16515certification of persons performing measurement or mitigation
16516services; mandatory testing; notification on real estate
16517documents; rules.-
16518     (4)  MANDATORY TESTING.-All public and private school
16519buildings or school sites housing students in kindergarten
16520through grade 12; all state-owned, state-operated, state-
16521regulated, or state-licensed 24-hour care facilities; and all
16522state-licensed day care centers for children or minors which are
16523located in counties designated within the Department of Business
16524and Professional Regulation's Community Affairs' Florida Radon
16525Protection Map Categories as "Intermediate" or "Elevated Radon
16526Potential" shall be measured to determine the level of indoor
16527radon, using measurement procedures established by the
16528department. Initial measurements shall be conducted in 20
16529percent of the habitable first floor spaces within any of the
16530regulated buildings and shall be completed and reported to the
16531department within 1 year after the date the building is opened
16532for occupancy or within 1 year after license approval for the
16533entity residing in the existing building. Followup testing must
16534be completed in 5 percent of the habitable first floor spaces
16535within any of the regulated buildings after the building has
16536been occupied for 5 years, and results must be reported to the
16537department by the first day of the 6th year of occupancy. After
16538radon measurements have been made twice, regulated buildings
16539need not undergo further testing unless significant structural
16540changes occur. No funds collected pursuant to s. 553.721 shall
16541be used to carry out the provisions of this subsection.
16542     Section 351.  Paragraph (d) of subsection (4) of section
16543404.0617, Florida Statutes, is amended to read:
16544     404.0617  Siting of commercial low-level radioactive waste
16545management facilities.-
16546     (4)  The Governor and Cabinet shall consider the following
16547when determining whether to grant a petition for a variance from
16548local ordinances, regulations, or plans:
16549     (d)  Such studies, reports, and information as the Governor
16550and Cabinet may request of the Department of Economic
16551Opportunity Community Affairs addressing whether or not the
16552proposed facility unreasonably interferes with the achievement
16553of the goals and objectives of any adopted state or local
16554comprehensive plan and any other matter within its jurisdiction.
16555     Section 352.  Subsections (2), (3), and (4) of section
16556409.508, Florida Statutes, are amended to read:
16557     409.508  Low-income home energy assistance program.-
16558     (2)  The Department of Economic Opportunity Community
16559Affairs is designated as the state agency to administer the Low-
16560income Home Energy Assistance Act of 1981, 42 U.S.C. ss. 8621 et
16561seq. The Department of Economic Opportunity Community Affairs is
16562authorized to provide home energy assistance benefits to
16563eligible households which may be in the form of cash, vouchers,
16564certificates, or direct payments to electric or natural gas
16565utilities or other energy suppliers and operators of low-rent,
16566subsidized housing in behalf of eligible households. Priority
16567shall be given to eligible households having at least one
16568elderly or handicapped individual and to eligible households
16569with the lowest incomes.
16570     (3)  Agreements may be established between electric or
16571natural gas utility companies, other energy suppliers, the
16572Department of Revenue, and the Department of Economic
16573Opportunity Community Affairs for the purpose of providing
16574payments to energy suppliers in the form of a credit against
16575sales and use taxes due or direct payments to energy suppliers
16576for services rendered to low-income, eligible households.
16577     (4)  The Department of Economic Opportunity Community
16578Affairs shall adopt rules to carry out the provisions of this
16579section act.
16580     Section 353.  Subsection (2) of section 409.509, Florida
16581Statutes, is amended to read:
16582     409.509  Definitions; weatherization of low-income
16583residences.-As used in this act, the term:
16584     (2)  "Department" means the Department of Economic
16585Opportunity Community Affairs.
16586     Section 354.  Subsection (2) and paragraph (f) of
16587subsection (3) of section 410.502, Florida Statutes, is amended
16588to read:
16589     410.502  Housing and living arrangements; special needs of
16590the elderly; services.-The Department of Elderly Affairs shall
16591provide services related to housing and living arrangements
16592which meet the special needs of the elderly. Such services shall
16593include, but not be limited to:
16594     (2)  Coordinating with the Department of Economic
16595Opportunity Community Affairs to gather and maintain data on
16596living arrangements which meet the special needs of the elderly
16597and to disseminate such information to the public. Such
16598information shall include types of facilities, cost of care,
16599services provided, and possible sources of help in meeting the
16600cost of care for indigent individuals.
16601     (3)  Promoting, through the Department of Elderly Affairs
16602staff activities and area agencies on aging, the development of
16603a variety of living arrangements through public and private
16604auspices to meet the various needs and desires of the elderly,
16605including, but not limited to:
16606     (f)  Retirement communities for independent communal
16607living, to be developed in conjunction with the Department of
16608Economic Opportunity Community Affairs.
16609
16610Demonstration projects must be used advisedly to test the extent
16611to which these and other innovative housing and living
16612arrangements do meet the basic and special needs of the elderly.
16613     Section 355.  Subsection (2) of section 418.12, Florida
16614Statutes, is amended to read:
16615     418.12  Duties and functions of Division of Recreation and
16616Parks.-Among its functions, the Division of Recreation and Parks
16617of the Department of Environmental Protection shall:
16618     (2)  Provide consultation assistance to the Department of
16619Economic Opportunity Community Affairs and to local governing
16620units as to the promotion, organization, and administration of
16621local recreation systems and as to the planning and design of
16622local recreation areas and facilities;
16623     Section 356.  Paragraph (e) of subsection (3) and
16624subsection (4) of section 420.0003, Florida Statutes, are
16625amended to read:
16626     420.0003  State housing strategy.-
16627     (3)  POLICIES.-
16628     (e)  Housing production or rehabilitation programs.-New
16629programs for housing production or rehabilitation shall be
16630developed in accordance with the following general guidelines as
16631appropriate for the purpose of the specific program:
16632     1.  State and local governments shall provide incentives to
16633encourage the private sector to be the primary delivery vehicle
16634for the development of affordable housing.
16635     2.  State funds should be heavily leveraged to achieve the
16636maximum local and private commitment of funds while achieving
16637the program objectives.
16638     3.  To the maximum extent possible, state funds should be
16639expended to provide housing units rather than to support program
16640administration.
16641     4.  State money should be used, when possible, as loans
16642rather than grants.
16643     5.  State funds should be available only to local
16644governments that provide incentives or financial assistance for
16645housing.
16646     6.  State funds should be made available only for projects
16647which are consistent with the local government comprehensive
16648plan.
16649     7.  State funding for housing should not be made available
16650to local governments whose comprehensive plans have been found
16651not in compliance with chapter 163 and who have not entered into
16652a stipulated settlement agreement with the Department of
16653Economic Opportunity the Department of Community Affairs to
16654bring the plan into compliance.
16655     8.  Mixed income projects should be encouraged, to avoid a
16656concentration of low-income residents in one area or project.
16657     9.  Distribution of state housing funds should be flexible
16658and consider the regional and local needs, resources, and
16659capabilities of housing producers.
16660     10.  Income levels used to determine program eligibility
16661should be adjusted for family size in determining the
16662eligibility of specific beneficiaries.
16663     11.  To the maximum extent possible, state-owned lands that
16664are appropriate for the development of affordable housing shall
16665be made available for that purpose.
16666     (4)  IMPLEMENTATION.-The Department of Economic Opportunity
16667The Department of Community Affairs and the Florida Housing
16668Finance Corporation in carrying out the strategy articulated
16669herein shall have the following duties:
16670     (a)  The fiscal resources of the Department of Economic
16671Opportunity the Department of Community Affairs shall be
16672directed to achieve the following programmatic objectives:
16673     1.  Effective technical assistance and capacity-building
16674programs shall be established at the state and local levels.
16675     2.  The Shimberg Center for Affordable Housing at the
16676University of Florida shall develop and maintain statewide data
16677on housing needs and production, provide technical assistance
16678relating to real estate development and finance, operate an
16679information clearinghouse on housing programs, and coordinate
16680state housing initiatives with local government and federal
16681programs.
16682     (b)  The agency strategic plan of the Department of
16683Economic Opportunity the Department of Community Affairs shall
16684include specific goals, objectives, and strategies that
16685implement the housing policies in this section and shall include
16686the strategic plan for housing production prepared by the
16687corporation pursuant to s. 420.511.
16688     (c)  The Shimberg Center for Affordable Housing, in
16689consultation with the Department of Economic Opportunity the
16690Department of Community Affairs and the Florida Housing Finance
16691Corporation, shall review and evaluate existing housing
16692rehabilitation, production, and finance programs to determine
16693their consistency with relevant policies in this section and
16694identify the needs of specific populations, including, but not
16695limited to, elderly and handicapped persons, and shall recommend
16696statutory modifications where appropriate. The Shimberg Center
16697for Affordable Housing, in consultation with the Department of
16698Economic Opportunity the Department of Community Affairs and the
16699corporation, shall also evaluate the degree of coordination
16700between state housing programs, and between state, federal, and
16701local housing activities, and shall recommend improved program
16702linkages. The recommendations required above and a report of any
16703programmatic modifications made as a result of these policies
16704shall be included in the housing report required by s. 420.6075,
16705beginning December 31, 1991, and every 5 years thereafter.
16706     (d)  The department and the corporation are anticipated to
16707conform the administrative rules for each housing program to the
16708policies stated in this section, provided that such changes in
16709the rules are consistent with the statutory intent or
16710requirements for the program. This authority applies only to
16711programs offering loans, grants, or tax credits and only to the
16712extent that state policies are consistent with applicable
16713federal requirements.
16714     Section 357.  Subsection (6) of section 420.0004, Florida
16715Statutes, is amended to read:
16716     420.0004  Definitions.-As used in this part, unless the
16717context otherwise indicates:
16718     (6)  "Department" means the Department of Economic
16719Opportunity the Department of Community Affairs.
16720     Section 358.  Section 420.0005, Florida Statutes, is
16721amended to read:
16722     420.0005  State Housing Trust Fund; State Housing Fund.-
16723There is hereby established in the State Treasury a separate
16724trust fund to be named the "State Housing Trust Fund." There
16725shall be deposited in the fund all moneys appropriated by the
16726Legislature, or moneys received from any other source, for the
16727purpose of this chapter, and all proceeds derived from the use
16728of such moneys. The fund shall be administered by the Florida
16729Housing Finance Corporation on behalf of the department, as
16730specified in this chapter. Money deposited to the fund and
16731appropriated by the Legislature must, notwithstanding the
16732provisions of chapter 216 or s. 420.504(3), be transferred
16733quarterly in advance, to the extent available, or, if not so
16734available, as soon as received into the State Housing Trust
16735Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
16736by the Chief Financial Officer to the corporation upon
16737certification by the Commissioner of Economic Opportunity
16738Secretary of Community Affairs that the corporation is in
16739compliance with the requirements of s. 420.0006. The
16740certification made by the secretary shall also include the split
16741of funds among programs administered by the corporation and the
16742department as specified in chapter 92-317, Laws of Florida, as
16743amended. Moneys advanced by the Chief Financial Officer must be
16744deposited by the corporation into a separate fund established
16745with a qualified public depository meeting the requirements of
16746chapter 280 to be named the "State Housing Fund" and used for
16747the purposes of this chapter. Administrative and personnel costs
16748incurred in implementing this chapter may be paid from the State
16749Housing Fund, but such costs may not exceed 5 percent of the
16750moneys deposited into such fund. To the State Housing Fund shall
16751be credited all loan repayments, penalties, and other fees and
16752charges accruing to such fund under this chapter. It is the
16753intent of this chapter that all loan repayments, penalties, and
16754other fees and charges collected be credited in full to the
16755program account from which the loan originated. Moneys in the
16756State Housing Fund which are not currently needed for the
16757purposes of this chapter shall be invested in such manner as is
16758provided for by statute. The interest received on any such
16759investment shall be credited to the State Housing Fund.
16760     Section 359.  Paragraph (d) of subsection (1) of section
16761420.101, Florida Statutes, is amended to read:
16762     420.101  Housing Development Corporation of Florida;
16763creation, membership, and purposes.-
16764     (1)  Twenty-five or more persons, a majority of whom shall
16765be residents of this state, who may desire to create a housing
16766development corporation under the provisions of this part for
16767the purpose of promoting and developing housing and advancing
16768the prosperity and economic welfare of the state and, to that
16769end, to exercise the powers and privileges hereinafter provided,
16770may be incorporated by filing in the Department of State, as
16771hereinafter provided, articles of incorporation. The articles of
16772incorporation shall contain:
16773     (d)  The names and post office addresses of the members of
16774the first board of directors. The first board of directors shall
16775be elected by and from the stockholders of the corporation and
16776shall consist of 21 members. However, five of such members shall
16777consist of the following persons, who shall be nonvoting
16778members: the secretary of the Department of Economic Opportunity
16779Community Affairs or her or his designee; the head of the
16780Department of Financial Services or her or his designee with
16781expertise in banking matters; a designee of the head of the
16782Department of Financial Services with expertise in insurance
16783matters; one state senator appointed by the President of the
16784Senate; and one representative appointed by the Speaker of the
16785House of Representatives.
16786     Section 360.  Subsection (8) of section 420.111, Florida
16787Statutes, is amended to read:
16788     420.111  Housing Development Corporation of Florida;
16789additional powers.-In furtherance of its purposes and in
16790addition to the powers now or hereafter conferred on business
16791corporations by chapter 607, the corporation shall, subject to
16792the restrictions and limitations herein contained, have the
16793following powers:
16794     (8)  To cooperate with, and avail itself of the facilities
16795of, the United States Department of Housing and Urban
16796Development, the Department of Economic Opportunity Community
16797Affairs, and any other similar local, state, or Federal
16798Government agency; and to cooperate with and assist, and
16799otherwise encourage, organizations in the various communities of
16800the state on the promotion, assistance, and development of the
16801housing and economic welfare of such communities or of this
16802state or any part thereof.
16803     Section 361.  Section 420.36, Florida Statutes, is amended
16804to read:
16805     420.36  Low-income Emergency Home Repair Program.-There is
16806established within the Department of Economic Opportunity
16807Community Affairs the Low-income Emergency Home Repair Program
16808to assist low-income persons, especially the elderly and
16809physically disabled, in making emergency repairs which directly
16810affect their health and safety.
16811     (1)  As used in this section, the term:
16812     (a)  "Grantee" means a local public or private nonprofit
16813agency currently receiving funds from the department to conduct
16814a weatherization assistance program in one or more counties or a
16815public or nonprofit agency chosen as outlined in subparagraph
16816(4)(c)4.
16817     (b)  "Subgrantee" means a local public or private nonprofit
16818agency experienced in weatherization, emergency repairs, or
16819rehabilitation of housing.
16820     (2)  A person is eligible to receive assistance if that
16821person has an income in relation to that person's family size
16822which is at or below 125 percent of the poverty level as
16823specified annually in the federal Office of Management and
16824Budget Poverty Guidelines. Eligible persons over 60 years of age
16825and eligible persons who are physically disabled shall be given
16826priority in the program.
16827     (3)(a)  Allowable repairs, including materials and labor,
16828which may be charged under the program include:
16829     1.  Correcting deficiencies in support beams, load-bearing
16830walls, and floor joists.
16831     2.  Repair or replacement of unsafe or nonfunctional space
16832heating or water heating systems.
16833     3.  Egress or physically disabled accessibility repairs,
16834improvements, or assistive devices, including wheelchair ramps,
16835steps, porches, handrails, or other health and safety measures.
16836     4.  Plumbing, pump, well, and line repairs to ensure safe
16837drinking water and sanitary sewage.
16838     5.  Electrical repairs.
16839     6.  Repairs to deteriorating walls, floors, and roofs.
16840     7.  Other interior and exterior repairs as necessary for
16841the health and safety of the resident.
16842     (b)  Administrative expenses may not exceed 10 percent of
16843the total grant funds.
16844     (c)  Each grantee shall be required to provide an in-kind
16845or cash match of at least 20 percent of the funds granted.
16846Grantees and subgrantees shall be encouraged to use community
16847resources to provide such match, including family, church, and
16848neighborhood volunteers and materials provided by local groups
16849and businesses. Grantees shall coordinate with local governments
16850through their community development block grant entitlement
16851programs and other housing programs, local housing partnerships,
16852and agencies under contract to a lead agency for the provisions
16853of services under the Community Care for the Elderly Act, ss.
16854430.201-430.207.
16855     (4)(a)  Funds appropriated to the department for the
16856program shall be deposited in the Energy Consumption Trust Fund.
16857Administrative and personnel costs incurred by the department in
16858implementing the provisions of this section may be paid from the
16859fund.
16860     (b)  The grantee may subgrant these funds to a subgrantee
16861if the grantee is unable to serve all of the county or the
16862target population. Grantee and subgrantee eligibility shall be
16863determined by the department.
16864     (c)  Funds shall be distributed to grantees and subgrantees
16865as follows:
16866     1.  For each county, a base amount of at least $3,000 shall
16867be set aside from the total funds available, and such amount
16868shall be deducted from the total amount appropriated by the
16869Legislature.
16870     2.  The balance of the funds appropriated by the
16871Legislature shall be divided by the total poverty population of
16872the state, and this quotient shall be multiplied by each
16873county's share of the poverty population. That amount plus the
16874base of at least $3,000 shall constitute each county's share. A
16875grantee which serves more than one county shall receive the base
16876amount plus the poverty population share for each county to be
16877served. Contracts with grantees may be renewed annually.
16878     3.  The funds allocated to each county shall be offered
16879first to an existing weatherization assistance program grantee
16880in good standing, as determined by the department, that can
16881provide services to the target population of low-income persons,
16882low-income elderly persons, and low-income physically disabled
16883persons throughout the county.
16884     4.  If a weatherization assistance program grantee is not
16885available to serve the entire county area, the funds shall be
16886distributed through the following process:
16887     a.  An announcement of funding availability shall be
16888provided to the county. The county may elect to administer the
16889program.
16890     b.  If the county elects not to administer the program, the
16891department shall establish rules to address the selection of one
16892or more public or private not-for-profit agencies that are
16893experienced in weatherization, rehabilitation, or emergency
16894repair to administer the program.
16895     5.  If no eligible agency agrees to serve a county, the
16896funds for that county shall be distributed to grantees having
16897the best performance record as determined by department rule. At
16898the end of the contract year, any uncontracted or unexpended
16899funds shall be returned to the Energy Consumption Trust Fund and
16900reallocated under the next year's contracting cycle.
16901     (5)  The department may perform all actions appropriate and
16902necessary to carry out the purposes of this section, including,
16903but not limited to:
16904     (a)  Entering into contracts and agreements with the
16905Federal Government, agencies of the state, local governments, or
16906any person, association, corporation, or entity.
16907     (b)  Seeking and accepting funding from any public or
16908private source.
16909     (c)  Adopting and enforcing rules consistent with this
16910section.
16911     Section 362.  Subsections (1) and (2) of section 420.424,
16912Florida Statutes, are amended, and subsections (3) through (7)
16913of that section are redesignated as subsections (2) through (6),
16914to read:
16915     420.424  Definitions.-As used in ss. 420.421-420.429:
16916     (1)  "Department" means the Department of Economic
16917Opportunity Community Affairs.
16918     (2)  "Secretary" means the Secretary of Community Affairs.
16919     Section 363.  Subsection (12) of section 420.503, Florida
16920Statutes, is amended to read:
16921     420.503  Definitions.-As used in this part, the term:
16922     (12)  "Department" means the Department of Economic
16923Opportunity the Department of Community Affairs.
16924     Section 364.  Subsections (1) and (3) of section 420.504,
16925Florida Statutes, are amended to read:
16926     420.504  Public corporation; creation, membership, terms,
16927expenses.-
16928     (1)  There is created within the Department of Economic
16929Opportunity the Department of Community Affairs a public
16930corporation and a public body corporate and politic, to be known
16931as the "Florida Housing Finance Corporation." It is declared to
16932be the intent of and constitutional construction by the
16933Legislature that the Florida Housing Finance Corporation
16934constitutes an entrepreneurial public corporation organized to
16935provide and promote the public welfare by administering the
16936governmental function of financing or refinancing housing and
16937related facilities in Florida and that the corporation is not a
16938department of the executive branch of state government within
16939the scope and meaning of s. 6, Art. IV of the State
16940Constitution, but is functionally related to the Department of
16941Economic Opportunity the Department of Community Affairs in
16942which it is placed. The executive function of state government
16943to be performed by the Commissioner of Economic Opportunity
16944secretary of the department in the conduct of the business of
16945the Florida Housing Finance Corporation must be performed
16946pursuant to a contract to monitor and set performance standards
16947for the implementation of the business plan for the provision of
16948housing approved for the corporation as provided in s. 420.0006.
16949This contract shall include the performance standards for the
16950provision of affordable housing in Florida established in the
16951business plan described in s. 420.511.
16952     (3)  The corporation is a separate budget entity and is not
16953subject to control, supervision, or direction by the Department
16954of Economic Opportunity the Department of Community Affairs in
16955any manner, including, but not limited to, personnel,
16956purchasing, transactions involving real or personal property,
16957and budgetary matters. The corporation shall consist of a board
16958of directors composed of the Commissioner of Economic
16959Opportunity Secretary of Community Affairs as an ex officio and
16960voting member and eight members appointed by the Governor
16961subject to confirmation by the Senate from the following:
16962     (a)  One citizen actively engaged in the residential home
16963building industry.
16964     (b)  One citizen actively engaged in the banking or
16965mortgage banking industry.
16966     (c)  One citizen who is a representative of those areas of
16967labor engaged in home building.
16968     (d)  One citizen with experience in housing development who
16969is an advocate for low-income persons.
16970     (e)  One citizen actively engaged in the commercial
16971building industry.
16972     (f)  One citizen who is a former local government elected
16973official.
16974     (g)  Two citizens of the state who are not principally
16975employed as members or representatives of any of the groups
16976specified in paragraphs (a)-(f).
16977     Section 365.  Section 420.506, Florida Statutes, is amended
16978to read:
16979     420.506  Executive director; agents and employees.-The
16980appointment and removal of an executive director shall be by the
16981Commissioner of Economic Opportunity Secretary of Community
16982Affairs, with the advice and consent of the corporation's board
16983of directors. The executive director shall employ legal and
16984technical experts and such other agents and employees, permanent
16985and temporary, as the corporation may require, and shall
16986communicate with and provide information to the Legislature with
16987respect to the corporation's activities. The board is
16988authorized, notwithstanding the provisions of s. 216.262, to
16989develop and implement rules regarding the employment of
16990employees of the corporation and service providers, including
16991legal counsel. The board of directors of the corporation is
16992entitled to establish travel procedures and guidelines for
16993employees of the corporation. The executive director's office
16994and the corporation's files and records must be located in Leon
16995County.
16996     Section 366.  Paragraph (e) of subsection (12) of section
16997420.5095, Florida Statutes, is amended to read:
16998     420.5095  Community Workforce Housing Innovation Pilot
16999Program.-
17000     (12)  All eligible applications shall:
17001     (e)  Demonstrate how the applicant will use the regulatory
17002incentives and financial strategies outlined in subsection (8)
17003from the local jurisdiction in which the proposed project is to
17004be located. The corporation may consult with the Department of
17005Economic Opportunity the Department of Community Affairs in
17006evaluating the use of regulatory incentives by applicants.
17007     Section 367.  Subsections (4) through (10) of section
17008420.602, Florida Statutes, are amended, and a new subsection (4)
17009is added to that section, to read:
17010     420.602  Definitions.-As used in this part, the following
17011terms shall have the following meanings, unless the context
17012otherwise requires:
17013     (4)  "Commissioner" means the commissioner of Economic
17014Opportunity.
17015     (5)(4)  "Community-based organization" means a private
17016corporation organized under chapter 617 to assist in the
17017provision of housing and related services on a not-for-profit
17018basis within a designated area, including a municipality,
17019county, or area of more than one municipality or county.
17020     (6)(5)  "Corporation" means the Florida Housing Finance
17021Corporation as created in s. 420.504.
17022     (7)(6)  "Department" means the Department of Economic
17023Opportunity the Department of Community Affairs.
17024     (8)(7)  "Fund" means the Florida Affordable Housing Trust
17025Fund as created in this part.
17026     (9)(8)  "Low-income persons" means one or more natural
17027persons or a family, the total annual adjusted gross household
17028income of which does not exceed 80 percent of the median annual
17029adjusted gross income for households within the state, or 80
17030percent of the median annual adjusted gross income for
17031households within the metropolitan statistical area (MSA) or, if
17032not within an MSA, within the county in which the person or
17033family resides, whichever is greater.
17034     (10)(9)  "Moderate-income persons" means one or more
17035natural persons or a family, the total annual adjusted gross
17036household income of which is less than 120 percent of the median
17037annual adjusted gross income for households within the state, or
17038120 percent of the median annual adjusted gross income for
17039households within the metropolitan statistical area (MSA) or, if
17040not within an MSA, within the county in which the household is
17041located, whichever is greater.
17042     (10)  "Secretary" means the Secretary of Community Affairs.
17043     Section 368.  Subsections (3) and (4) of section 420.606,
17044Florida Statutes, are amended to read:
17045     420.606  Training and technical assistance program.-
17046     (3)  TRAINING AND TECHNICAL ASSISTANCE PROGRAM.-The
17047Department of Economic Opportunity Community Affairs shall be
17048responsible for securing the necessary expertise to provide
17049training and technical assistance to staff of local governments,
17050to staff of state agencies, as appropriate, and to community-
17051based organizations, and to persons forming such organizations,
17052which are formed for the purpose of developing new housing and
17053rehabilitating existing housing which is affordable for very-
17054low-income persons, low-income persons, and moderate-income
17055persons.
17056     (a)  The training component of the program shall be
17057designed to build the housing development capacity of community-
17058based organizations and local governments as a permanent
17059resource for the benefit of communities in this state.
17060     1.  The scope of training shall include, but not be limited
17061to, real estate development skills related to affordable
17062housing, including the construction process and property
17063management and disposition, the development of public-private
17064partnerships to reduce housing costs, model housing projects,
17065and management and board responsibilities of community-based
17066organizations.
17067     2.  Training activities may include, but are not limited
17068to, materials for self-instruction, workshops, seminars,
17069internships, coursework, and special programs developed in
17070conjunction with state universities and community colleges.
17071     (b)  The technical assistance component of the program
17072shall be designed to assist applicants for state-administered
17073programs in developing applications and in expediting project
17074implementation. Technical assistance activities for the staffs
17075of community-based organizations and local governments who are
17076directly involved in the production of affordable housing may
17077include, but are not limited to, workshops for program
17078applicants, onsite visits, guidance in achieving project
17079completion, and a newsletter to community-based organizations
17080and local governments.
17081     (4)  POWERS.-The Department of Economic Opportunity
17082Community Affairs may do all things necessary or appropriate to
17083carry out the purposes of this section, including exercising the
17084power to:
17085     (a)  Enter into contracts and agreements with the Federal
17086Government or with other agencies of the state, with local
17087governments, or with any other person, association, corporation,
17088or entity;
17089     (b)  Seek and accept funding from any public or private
17090source; and
17091     (c)  Adopt and enforce rules consistent with this section.
17092     Section 369.  Subsection (5) of section 420.609, Florida
17093Statutes, is amended to read:
17094     420.609  Affordable Housing Study Commission.-Because the
17095Legislature firmly supports affordable housing in Florida for
17096all economic classes:
17097     (5)  The commission shall review, evaluate, and make
17098recommendations regarding existing and proposed housing programs
17099and initiatives. The commission shall provide these and any
17100other housing recommendations to the commissioner secretary of
17101the Department of Community Affairs and the executive director
17102of the corporation.
17103     Section 370.  Subsection (2) of section 420.622, Florida
17104Statutes, is amended to read:
17105     420.622  State Office on Homelessness; Council on
17106Homelessness.-
17107     (2)  The Council on Homelessness is created to consist of a
1710817-member council of public and private agency representatives
17109who shall develop policy and advise the State Office on
17110Homelessness. The council members shall be: the Secretary of
17111Children and Family Services, or his or her designee; the
17112Commissioner of Economic Opportunity Secretary of Community
17113Affairs, or his or her designee, to advise the council on issues
17114related to rural development; the State Surgeon General, or his
17115or her designee; the Executive Director of Veterans' Affairs, or
17116his or her designee; the Secretary of Corrections, or his or her
17117designee; the Secretary of Health Care Administration, or his or
17118her designee; the Commissioner of Education, or his or her
17119designee; the Director of Workforce Florida, Inc., or his or her
17120designee; one representative of the Florida Association of
17121Counties; one representative from the Florida League of Cities;
17122one representative of the Florida Supportive Housing Coalition;
17123the Executive Director of the Florida Housing Finance
17124Corporation, or his or her designee; one representative of the
17125Florida Coalition for the Homeless; and four members appointed
17126by the Governor. The council members shall be volunteer, nonpaid
17127persons and shall be reimbursed for travel expenses only. The
17128appointed members of the council shall be appointed to staggered
171292-year terms, and the council shall meet at least four times per
17130year. The importance of minority, gender, and geographic
17131representation must be considered when appointing members to the
17132council.
17133     Section 371.  Subsections (8) and (9) of section 420.631,
17134Florida Statutes, are renumbered as subsections (7) and (8),
17135respectively, and present subsections (2) and (7) of that
17136section are amended to read:
17137     420.631  Definitions relating to Urban Homesteading Act.-As
17138used in ss. 420.630-420.635:
17139     (2)  "Department" means the Department of Economic
17140Opportunity the Department of Community Affairs.
17141     (7)  "Office" means the Office of Urban Opportunity within
17142the Department of Community Affairs.
17143     Section 372.  Section 420.635, Florida Statutes, is amended
17144to read:
17145     420.635  Loans to qualified buyers.-Contingent upon an
17146appropriation, the department, in consultation with the Office
17147of Urban Opportunity, shall provide loans to qualified buyers
17148who are required to pay the pro rata portion of the bonded debt
17149on single-family housing pursuant to s. 420.634. Loans provided
17150under this section shall be made at a rate of interest which
17151does not exceed the qualified loan rate. A buyer must maintain
17152the qualifications specified in s. 420.633 for the full term of
17153the loan. The loan agreement may contain additional terms and
17154conditions as determined by the department.
17155     Section 373.  Section 421.001, Florida Statutes, is amended
17156to read:
17157     421.001  State role in housing and urban development.-The
17158role of state government required by part I of chapter 421
17159(Housing Authorities Law), chapter 422 (Housing Cooperation
17160Law), and chapter 423 (Tax Exemption of Housing Authorities) is
17161the responsibility of the Department of Economic Opportunity
17162Community Affairs; and the department is the agency of state
17163government responsible for the state's role in housing and urban
17164development.
17165     Section 374.  Section 422.001, Florida Statutes, is amended
17166to read:
17167     422.001  State role in housing and urban development.-The
17168role of state government required by part I of chapter 421
17169(Housing Authorities Law), chapter 422 (Housing Cooperation
17170Law), and chapter 423 (Tax Exemption of Housing Authorities) is
17171the responsibility of the Department of Economic Opportunity
17172Community Affairs; and the department is the agency of state
17173government responsible for the state's role in housing and urban
17174development.
17175     Section 375.  Section 423.001, Florida Statutes, is amended
17176to read:
17177     423.001  State role in housing and urban development.-The
17178role of state government required by part I of chapter 421
17179(Housing Authorities Law), chapter 422 (Housing Cooperation
17180Law), and chapter 423 (Tax Exemption of Housing Authorities) is
17181the responsibility of the Department of Economic Opportunity
17182Community Affairs; and the department is the agency of state
17183government responsible for the state's role in housing and urban
17184development.
17185     Section 376.  Paragraph (b) of subsection (1) of section
17186429.41, Florida Statutes, is amended to read:
17187     429.41  Rules establishing standards.-
17188     (1)  It is the intent of the Legislature that rules
17189published and enforced pursuant to this section shall include
17190criteria by which a reasonable and consistent quality of
17191resident care and quality of life may be ensured and the results
17192of such resident care may be demonstrated. Such rules shall also
17193ensure a safe and sanitary environment that is residential and
17194noninstitutional in design or nature. It is further intended
17195that reasonable efforts be made to accommodate the needs and
17196preferences of residents to enhance the quality of life in a
17197facility. The agency, in consultation with the department, may
17198adopt rules to administer the requirements of part II of chapter
17199408. In order to provide safe and sanitary facilities and the
17200highest quality of resident care accommodating the needs and
17201preferences of residents, the department, in consultation with
17202the agency, the Department of Children and Family Services, and
17203the Department of Health, shall adopt rules, policies, and
17204procedures to administer this part, which must include
17205reasonable and fair minimum standards in relation to:
17206     (b)  The preparation and annual update of a comprehensive
17207emergency management plan. Such standards must be included in
17208the rules adopted by the department after consultation with the
17209Department of Economic Opportunity Community Affairs. At a
17210minimum, the rules must provide for plan components that address
17211emergency evacuation transportation; adequate sheltering
17212arrangements; postdisaster activities, including provision of
17213emergency power, food, and water; postdisaster transportation;
17214supplies; staffing; emergency equipment; individual
17215identification of residents and transfer of records;
17216communication with families; and responses to family inquiries.
17217The comprehensive emergency management plan is subject to review
17218and approval by the local emergency management agency. During
17219its review, the local emergency management agency shall ensure
17220that the following agencies, at a minimum, are given the
17221opportunity to review the plan: the Department of Elderly
17222Affairs, the Department of Health, the Agency for Health Care
17223Administration, and the Department of Economic Opportunity
17224Community Affairs. Also, appropriate volunteer organizations
17225must be given the opportunity to review the plan. The local
17226emergency management agency shall complete its review within 60
17227days and either approve the plan or advise the facility of
17228necessary revisions.
17229     Section 377.  Paragraph (g) of subsection (1) of section
17230429.929, Florida Statutes, is amended to read:
17231     429.929  Rules establishing standards.-
17232     (1)  The agency, in consultation with the department, may
17233adopt rules to administer the requirements of part II of chapter
17234408. The Department of Elderly Affairs, in conjunction with the
17235agency, shall adopt rules to implement the provisions of this
17236part. The rules must include reasonable and fair standards. Any
17237conflict between these standards and those that may be set forth
17238in local, county, or municipal ordinances shall be resolved in
17239favor of those having statewide effect. Such standards must
17240relate to:
17241     (g)  Components of a comprehensive emergency management
17242plan, developed in consultation with the Department of Health,
17243the Agency for Health Care Administration, and the Division of
17244Emergency Management Department of Community Affairs.
17245     Section 378.  Section 450.261, Florida Statutes, is amended
17246to read:
17247     450.261  Interstate Migrant Labor Commission; Florida
17248membership.-In selecting the Florida membership of the
17249Interstate Migrant Labor Commission, the Governor may designate
17250the secretary of the Department of Economic Opportunity
17251Community Affairs as his or her representative. The two
17252legislative members shall be chosen from among the members of
17253the Legislative Commission on Migrant Labor, and at least one of
17254the two members appointed by the Governor shall be chosen from
17255among the members of the advisory committee to that commission.
17256     Section 379.  Subsection (21) of section 489.103, Florida
17257Statutes, is amended to read:
17258     489.103  Exemptions.-This part does not apply to:
17259     (21)  The sale, delivery, assembly, or tie-down of lawn
17260storage buildings and storage buildings not exceeding 400 square
17261feet and bearing the insignia of approval from the Florida
17262Building Commission Department of Community Affairs showing
17263compliance with the Florida Building Code.
17264     Section 380.  Subsection (3) of section 489.109, Florida
17265Statutes, is amended to read:
17266     489.109  Fees.-
17267     (3)  In addition to the fees provided in subsection (1) for
17268application and renewal for certification and registration, all
17269certificateholders and registrants must pay a fee of $4 to the
17270department at the time of application or renewal. The funds must
17271be transferred at the end of each licensing period to the
17272department of Community Affairs to fund projects relating to the
17273building construction industry or continuing education programs
17274offered to persons engaged in the building construction industry
17275in Florida, to be selected by the Florida Building Commission.
17276The board shall, at the time the funds are transferred, advise
17277the department of Community Affairs on the most needed areas of
17278research or continuing education based on significant changes in
17279the industry's practices or on changes in the state building
17280code or on the most common types of consumer complaints or on
17281problems costing the state or local governmental entities
17282substantial waste. The board's advice is not binding on the
17283department of Community Affairs. The department of Community
17284Affairs shall ensure the distribution of research reports and
17285the availability of continuing education programs to all
17286segments of the building construction industry to which they
17287relate. The department of Community Affairs shall report to the
17288board in October of each year, summarizing the allocation of the
17289funds by institution and summarizing the new projects funded and
17290the status of previously funded projects.
17291     Section 381.  Subsection (3) of section 489.509, Florida
17292Statutes, is amended to read:
17293     489.509  Fees.-
17294     (3)  Four dollars of each fee under subsection (1) paid to
17295the department at the time of application or renewal shall be
17296transferred at the end of each licensing period to the
17297department of Community Affairs to fund projects relating to the
17298building construction industry or continuing education programs
17299offered to persons engaged in the building construction industry
17300in Florida. The board shall, at the time the funds are
17301transferred, advise the department of Community Affairs on the
17302most needed areas of research or continuing education based on
17303significant changes in the industry's practices or on the most
17304common types of consumer complaints or on problems costing the
17305state or local governmental entities substantial waste. The
17306board's advice is not binding on the department of Community
17307Affairs. The department of Community Affairs shall ensure the
17308distribution of research reports and the availability of
17309continuing education programs to all segments of the building
17310construction industry to which they relate. The department of
17311Community Affairs shall report to the board in October of each
17312year, summarizing the allocation of the funds by institution and
17313summarizing the new projects funded and the status of previously
17314funded projects.
17315     Section 382.  Subsection (2) of section 497.271, Florida
17316Statutes, is amended to read:
17317     497.271  Standards for construction and significant
17318alteration or renovation of mausoleums and columbaria.-
17319     (2)  The licensing authority shall adopt, by no later than
17320July 1, 1999, rules establishing minimum standards for all newly
17321constructed and significantly altered or renovated mausoleums
17322and columbaria; however, in the case of significant alterations
17323or renovations to existing structures, the rules shall apply
17324only, when physically feasible, to the newly altered or
17325renovated portion of such structures, except as specified in
17326subsection (4). In developing and adopting such rules, the
17327licensing authority may define different classes of structures
17328or construction standards, and may provide for different rules
17329to apply to each of said classes, if the designation of classes
17330and the application of different rules is in the public interest
17331and is supported by findings by the licensing authority based on
17332evidence of industry practices, economic and physical
17333feasibility, location, or intended uses; provided, that the
17334rules shall provide minimum standards applicable to all
17335construction. For example, and without limiting the generality
17336of the foregoing, the licensing authority may determine that a
17337small single-story ground level mausoleum does not require the
17338same level of construction standards that a large multistory
17339mausoleum might require; or that a mausoleum located in a low-
17340lying area subject to frequent flooding or hurricane threats
17341might require different standards than one located on high
17342ground in an area not subject to frequent severe weather
17343threats. The licensing authority shall develop the rules in
17344cooperation with, and with technical assistance from, the
17345Florida Building Commission of the Department of Community
17346Affairs, to ensure that the rules are in the proper form and
17347content to be included as part of the Florida Building Code
17348under part IV of chapter 553. If the Florida Building Commission
17349advises that some of the standards proposed by the licensing
17350authority are not appropriate for inclusion in such building
17351codes, the licensing authority may choose to include those
17352standards in a distinct chapter of its rules entitled "Non-
17353Building-Code Standards for Mausoleums" or "Additional Standards
17354for Mausoleums," or other terminology to that effect. If the
17355licensing authority elects to divide the standards into two or
17356more chapters, all such rules shall be binding on licensees and
17357others subject to the jurisdiction of the licensing authority,
17358but only the chapter containing provisions appropriate for
17359building codes shall be transmitted to the Florida Building
17360Commission pursuant to subsection (3). Such rules may be in the
17361form of standards for design and construction; methods,
17362materials, and specifications for construction; or other
17363mechanisms. Such rules shall encompass, at a minimum, the
17364following standards:
17365     (a)  No structure may be built or significantly altered for
17366use for interment, entombment, or inurnment purposes unless
17367constructed of such material and workmanship as will ensure its
17368durability and permanence, as well as the safety, convenience,
17369comfort, and health of the community in which it is located, as
17370dictated and determined at the time by modern mausoleum
17371construction and engineering science.
17372     (b)  Such structure must be so arranged that the exterior
17373of any vault, niche, or crypt may be readily examined at any
17374time by any person authorized by law to do so.
17375     (c)  Such structure must contain adequate provision for
17376drainage and ventilation. Private or family mausoleums with all
17377crypts bordering an exterior wall must contain pressure relief
17378ventilation from the crypts to the outside of the mausoleum
17379through the exterior wall or roof.
17380     (d)  Such structure must be of fire-resistant construction.
17381Notwithstanding the requirements of s. 553.895 and chapter 633,
17382any mausoleum or columbarium constructed of noncombustible
17383materials, as defined in the Standard Building Code, shall not
17384require a sprinkler system.
17385     (e)  Such structure must be resistant to hurricane and
17386other storm damage to the highest degree provided under
17387applicable building codes for buildings of that class.
17388     (f)  Suitable provisions must be made for securely and
17389permanently sealing each crypt with durable materials after the
17390interment or entombment of human remains, so that no effluvia or
17391odors may escape therefrom except as provided by design and
17392sanitary engineering standards. Panels for permanent seals must
17393be solid and constructed of materials of sufficient weight,
17394permanence, density, imperviousness, and strength as to ensure
17395their durability and continued functioning. Permanent crypt
17396sealing panels must be securely installed and set in with high
17397quality fire-resistant, resilient, and durable materials after
17398the interment or entombment of human remains. The outer or
17399exposed covering of each crypt must be of a durable, permanent,
17400fire-resistant material; however, plastic, fiberglass, and wood
17401are not acceptable materials for such outer or exposed
17402coverings.
17403     (g)  Interior and exterior fastenings for hangers, clips,
17404doors, and other objects must be of copper, copper-base alloy,
17405aluminum, or stainless steel of adequate gauges, or other
17406materials established by rule which provide equivalent or better
17407strength and durability, and must be properly installed.
17408     Section 383.  Paragraph (a) of subsection (1) of section
17409526.144, Florida Statutes, is amended to read:
17410     526.144  Florida Disaster Motor Fuel Supplier Program.-
17411     (1)(a)  There is created the Florida Disaster Motor Fuel
17412Supplier Program within the Division of Emergency Management
17413Department of Community Affairs.
17414     Section 384.  Subsection (7) of section 553.36, Florida
17415Statutes, is amended to read:
17416     553.36  Definitions.-The definitions contained in this
17417section govern the construction of this part unless the context
17418otherwise requires.
17419     (7)  "Department" means the Department of Business and
17420Professional Regulation Community Affairs.
17421     Section 385.  Section 553.382, Florida Statutes, is amended
17422to read:
17423     553.382  Placement of certain housing.-Notwithstanding any
17424other law or ordinance to the contrary, in order to expand the
17425availability of affordable housing in this state, any
17426residential manufactured building that is certified under this
17427chapter by the department of Community Affairs may be placed on
17428a mobile home lot in a mobile home park, recreational vehicle
17429park, or mobile home condominium, cooperative, or subdivision.
17430Any such housing unit placed on a mobile home lot is a mobile
17431home for purposes of chapter 723 and, therefore, all rights,
17432obligations, and duties under chapter 723 apply, including the
17433specifics of the prospectus. However, a housing unit subject to
17434this section may not be placed on a mobile home lot without the
17435prior written approval of the park owner. Each housing unit
17436subject to this section shall be taxed as a mobile home under s.
17437320.08(11) and is subject to payments to the Florida Mobile Home
17438Relocation Fund under s. 723.06116.
17439     Section 386.  Subsection (2) of section 553.512, Florida
17440Statutes, is amended to read:
17441     553.512  Modifications and waivers; advisory council.-
17442     (2)  The Accessibility Advisory Council shall consist of
17443the following seven members, who shall be knowledgeable in the
17444area of accessibility for persons with disabilities. The
17445commissioner of Economic Opportunity Secretary of Community
17446Affairs shall appoint the following: a representative from the
17447Advocacy Center for Persons with Disabilities, Inc.; a
17448representative from the Division of Blind Services; a
17449representative from the Division of Vocational Rehabilitation; a
17450representative from a statewide organization representing the
17451physically handicapped; a representative from the hearing
17452impaired; a representative from the President, Florida Council
17453of Handicapped Organizations; and a representative of the
17454Paralyzed Veterans of America. The terms for the first three
17455council members appointed subsequent to October 1, 1991, shall
17456be for 4 years, the terms for the next two council members
17457appointed shall be for 3 years, and the terms for the next two
17458members shall be for 2 years. Thereafter, all council member
17459appointments shall be for terms of 4 years. No council member
17460shall serve more than two 4-year terms subsequent to October 1,
174611991. Any member of the council may be replaced by the secretary
17462upon three unexcused absences. Upon application made in the form
17463provided, an individual waiver or modification may be granted by
17464the commission so long as such modification or waiver is not in
17465conflict with more stringent standards provided in another
17466chapter.
17467     Section 387.  Section 553.71, Florida Statutes, is amended
17468to read:
17469     553.71  Definitions.-As used in this part, the term:
17470     (1)  "Commission" means the Florida Building Commission
17471created by this part.
17472     (2)  "Department" means the Department of Business and
17473Professional Regulation Community Affairs.
17474     (3)(4)  "Housing code" means any code or rule intending
17475postconstruction regulation of structures which would include,
17476but not be limited to: standards of maintenance, condition of
17477facilities, condition of systems and components, living
17478conditions, occupancy, use, and room sizes.
17479     (4)(8)  "Load management control device" means any device
17480installed by any electric utility or its contractors which
17481temporarily interrupts electric service to major appliances,
17482motors, or other electrical systems contained within the
17483buildings or on the premises of consumers for the purpose of
17484reducing the utility's system demand as needed in order to
17485prevent curtailment of electric service in whole or in part to
17486consumers and thereby maintain the quality of service to
17487consumers, provided the device is in compliance with a program
17488approved by the Florida Public Service Commission.
17489     (5)  "Local enforcement agency" means an agency of local
17490government, a local school board, a community college board of
17491trustees, or a university board of trustees in the State
17492University System with jurisdiction to make inspections of
17493buildings and to enforce the codes which establish standards for
17494design, construction, erection, alteration, repair,
17495modification, or demolition of public or private buildings,
17496structures, or facilities.
17497     (6)(10)  "Prototype building" means a building constructed
17498in accordance with architectural or engineering plans intended
17499for replication on various sites and which will be updated to
17500comply with the Florida Building Code and applicable laws
17501relating to firesafety, health and sanitation, casualty safety,
17502and requirements for persons with disabilities which are in
17503effect at the time a construction contract is to be awarded.
17504     (7)(6)  "Secretary" means the Secretary of Business and
17505Professional Regulation Community Affairs.
17506     (8)(9)  "Special inspector" means a licensed architect or
17507registered engineer who is certified under chapter 471 or
17508chapter 481 to conduct inspections of threshold buildings.
17509     (9)(3)  "State enforcement agency" means the agency of
17510state government with authority to make inspections of buildings
17511and to enforce the codes, as required by this part, which
17512establish standards for design, construction, erection,
17513alteration, repair, modification, or demolition of public or
17514private buildings, structures, or facilities.
17515     (10)(11)  "Temporary" includes, but is not limited to,
17516buildings identified by, but not designated as permanent
17517structures on, an approved development order.
17518     (11)(7)  "Threshold building" means any building which is
17519greater than three stories or 50 feet in height, or which has an
17520assembly occupancy classification as defined in the Florida
17521Building Code which exceeds 5,000 square feet in area and an
17522occupant content of greater than 500 persons.
17523     Section 388.  Section 553.721, Florida Statutes, is amended
17524to read:
17525     553.721  Surcharge.-In order for the Department of Business
17526and Professional Regulation Community Affairs to administer and
17527carry out the purposes of this part and related activities,
17528there is hereby created a surcharge, to be assessed at the rate
17529of 1.5 percent of the permit fees associated with enforcement of
17530the Florida Building Code as defined by the uniform account
17531criteria and specifically the uniform account code for building
17532permits adopted for local government financial reporting
17533pursuant to s. 218.32. The minimum amount collected on any
17534permit issued shall be $2. The unit of government responsible
17535for collecting a permit fee pursuant to s. 125.56(4) or s.
17536166.201 shall collect such surcharge and electronically remit
17537the funds collected to the department on a quarterly calendar
17538basis beginning not later than December 31, 2010, for the
17539preceding quarter, and continuing each third month thereafter,
17540and such unit of government shall retain 10 percent of the
17541surcharge collected to fund the participation of building
17542departments in the national and state building code adoption
17543processes and to provide education related to enforcement of the
17544Florida Building Code. All funds remitted to the department
17545pursuant to this section shall be deposited in the Professional
17546Regulation Trust Fund Operating Trust Fund. Funds collected from
17547such surcharge shall be used exclusively for the duties of the
17548Florida Building Commission and the Department of Business and
17549Professional Regulation Community Affairs under this chapter and
17550shall not be used to fund research on techniques for mitigation
17551of radon in existing buildings. Funds used by the department as
17552well as funds to be transferred to the Department of Health
17553shall be as prescribed in the annual General Appropriations Act.
17554The department shall adopt rules governing the collection and
17555remittance of surcharges in accordance with chapter 120.
17556     Section 389.  Subsection (1) of section 553.74, Florida
17557Statutes, is amended to read:
17558     553.74  Florida Building Commission.-
17559     (1)  The Florida Building Commission is created and shall
17560be located within the Department of Business and Professional
17561Regulation Community Affairs for administrative purposes.
17562Members shall be appointed by the Governor subject to
17563confirmation by the Senate. The commission shall be composed of
1756425 members, consisting of the following:
17565     (a)  One architect registered to practice in this state and
17566actively engaged in the profession. The American Institute of
17567Architects, Florida Section, is encouraged to recommend a list
17568of candidates for consideration.
17569     (b)  One structural engineer registered to practice in this
17570state and actively engaged in the profession. The Florida
17571Engineering Society is encouraged to recommend a list of
17572candidates for consideration.
17573     (c)  One air-conditioning or mechanical contractor
17574certified to do business in this state and actively engaged in
17575the profession. The Florida Air Conditioning Contractors
17576Association, the Florida Refrigeration and Air Conditioning
17577Contractors Association, and the Mechanical Contractors
17578Association of Florida are encouraged to recommend a list of
17579candidates for consideration.
17580     (d)  One electrical contractor certified to do business in
17581this state and actively engaged in the profession. The Florida
17582Electrical Contractors Association and the National Electrical
17583Contractors Association, Florida Chapter, are encouraged to
17584recommend a list of candidates for consideration.
17585     (e)  One member from fire protection engineering or
17586technology who is actively engaged in the profession. The
17587Florida Chapter of the Society of Fire Protection Engineers and
17588the Florida Fire Marshals and Inspectors Association are
17589encouraged to recommend a list of candidates for consideration.
17590     (f)  One general contractor certified to do business in
17591this state and actively engaged in the profession. The
17592Associated Builders and Contractors of Florida, the Florida
17593Associated General Contractors Council, and the Union
17594Contractors Association are encouraged to recommend a list of
17595candidates for consideration.
17596     (g)  One plumbing contractor licensed to do business in
17597this state and actively engaged in the profession. The Florida
17598Association of Plumbing, Heating, and Cooling Contractors is
17599encouraged to recommend a list of candidates for consideration.
17600     (h)  One roofing or sheet metal contractor certified to do
17601business in this state and actively engaged in the profession.
17602The Florida Roofing, Sheet Metal, and Air Conditioning
17603Contractors Association and the Sheet Metal and Air Conditioning
17604Contractors National Association are encouraged to recommend a
17605list of candidates for consideration.
17606     (i)  One residential contractor licensed to do business in
17607this state and actively engaged in the profession. The Florida
17608Home Builders Association is encouraged to recommend a list of
17609candidates for consideration.
17610     (j)  Three members who are municipal or district codes
17611enforcement officials, one of whom is also a fire official. The
17612Building Officials Association of Florida and the Florida Fire
17613Marshals and Inspectors Association are encouraged to recommend
17614a list of candidates for consideration.
17615     (k)  One member who represents the Department of Financial
17616Services.
17617     (l)  One member who is a county codes enforcement official.
17618The Building Officials Association of Florida is encouraged to
17619recommend a list of candidates for consideration.
17620     (m)  One member of a Florida-based organization of persons
17621with disabilities or a nationally chartered organization of
17622persons with disabilities with chapters in this state.
17623     (n)  One member of the manufactured buildings industry who
17624is licensed to do business in this state and is actively engaged
17625in the industry. The Florida Manufactured Housing Association is
17626encouraged to recommend a list of candidates for consideration.
17627     (o)  One mechanical or electrical engineer registered to
17628practice in this state and actively engaged in the profession.
17629The Florida Engineering Society is encouraged to recommend a
17630list of candidates for consideration.
17631     (p)  One member who is a representative of a municipality
17632or a charter county. The Florida League of Cities and the
17633Florida Association of Counties are encouraged to recommend a
17634list of candidates for consideration.
17635     (q)  One member of the building products manufacturing
17636industry who is authorized to do business in this state and is
17637actively engaged in the industry. The Florida Building Material
17638Association, the Florida Concrete and Products Association, and
17639the Fenestration Manufacturers Association are encouraged to
17640recommend a list of candidates for consideration.
17641     (r)  One member who is a representative of the building
17642owners and managers industry who is actively engaged in
17643commercial building ownership or management. The Building Owners
17644and Managers Association is encouraged to recommend a list of
17645candidates for consideration.
17646     (s)  One member who is a representative of the insurance
17647industry. The Florida Insurance Council is encouraged to
17648recommend a list of candidates for consideration.
17649     (t)  One member who is a representative of public
17650education.
17651     (u)  One member who is a swimming pool contractor licensed
17652to do business in this state and actively engaged in the
17653profession. The Florida Swimming Pool Association and the United
17654Pool and Spa Association are encouraged to recommend a list of
17655candidates for consideration.
17656     (v)  One member who is a representative of the green
17657building industry and who is a third-party commission agent, a
17658Florida board member of the United States Green Building Council
17659or Green Building Initiative, or a LEED-accredited professional.
17660     (w)  One member who shall be the chair.
17661
17662Any person serving on the commission under paragraph (c) or
17663paragraph (h) on October 1, 2003, and who has served less than
17664two full terms is eligible for reappointment to the commission
17665regardless of whether he or she meets the new qualification.
17666     Section 390.  Subsections (2) and (5) of section 553.841,
17667Florida Statutes, are amended to read:
17668     553.841  Building code compliance and mitigation program.-
17669     (2)  The Department of Business and Professional Regulation
17670Community Affairs shall administer a program, designated as the
17671Florida Building Code Compliance and Mitigation Program, to
17672develop, coordinate, and maintain education and outreach to
17673persons required to comply with the Florida Building Code and
17674ensure consistent education, training, and communication of the
17675code's requirements, including, but not limited to, methods for
17676mitigation of storm-related damage. The program shall also
17677operate a clearinghouse through which design, construction, and
17678building code enforcement licensees, suppliers, and consumers in
17679this state may find others in order to exchange information
17680relating to mitigation and facilitate repairs in the aftermath
17681of a natural disaster.
17682     (5)  Each biennium, upon receipt of funds by the Department
17683of Business and Professional Regulation Community Affairs from
17684the Construction Industry Licensing Board and the Electrical
17685Contractors' Licensing Board provided under ss. 489.109(3) and
17686489.509(3), the department shall determine the amount of funds
17687available for the Florida Building Code Compliance and
17688Mitigation Program.
17689     Section 391.  Subsections (2) and (3) of section 553.896,
17690Florida Statutes, are amended to read:
17691     553.896  Mitigation grant program guideline.-
17692     (2)  Beginning with grant funds approved after July 1,
176932005, the construction of new or retrofitted window or door
17694coverings that is funded by a hazard-mitigation grant program or
17695shelter-retrofit program must conform to design drawings that
17696are signed, sealed, and inspected by a structural engineer who
17697is registered in this state. Before the Division of Emergency
17698Management Department of Community Affairs forwards payment to a
17699recipient of the grant, an inspection report and attestation or
17700a copy of the signed and sealed plans shall be provided to the
17701department.
17702     (3)  If the construction is funded by a hazard mitigation
17703grant or shelter retrofit program, the Division of Emergency
17704Management Department of Community Affairs shall advise the
17705county, municipality, or other entity applying for the grant
17706that the cost or price of the project is not the sole criterion
17707for selecting a vendor.
17708     Section 392.  Section 553.901, Florida Statutes, is amended
17709to read:
17710     553.901  Purpose of thermal efficiency code.-The Department
17711of Economic Opportunity Community Affairs shall prepare a
17712thermal efficiency code to provide for a statewide uniform
17713standard for energy efficiency in the thermal design and
17714operation of all buildings statewide, consistent with energy
17715conservation goals, and to best provide for public safety,
17716health, and general welfare. The Florida Building Commission
17717shall adopt the Florida Energy Efficiency Code for Building
17718Construction within the Florida Building Code, and shall modify,
17719revise, update, and maintain the code to implement the
17720provisions of this thermal efficiency code and amendments
17721thereto, in accordance with the procedures of chapter 120. The
17722department shall, at least triennially, determine the most cost-
17723effective energy-saving equipment and techniques available and
17724report its determinations to the commission, which shall update
17725the code to incorporate such equipment and techniques. The
17726proposed changes shall be made available for public review and
17727comment no later than 6 months prior to code implementation. The
17728term "cost-effective," for the purposes of this part, shall be
17729construed to mean cost-effective to the consumer.
17730     Section 393.  Section 553.9085, Florida Statutes, is
17731amended to read:
17732     553.9085  Energy performance disclosure for residential
17733buildings.-The energy performance level resulting from
17734compliance with the provisions of this part, for each new
17735residential building, shall be disclosed at the request of the
17736prospective purchaser. In conjunction with the normal
17737responsibilities and duties of this part, the local building
17738official shall require that a complete and accurate energy
17739performance level display card be completed and certified by the
17740builder as accurate and correct before final approval of the
17741building for occupancy. The energy performance level display
17742card shall be included as an addendum to each sales contract.
17743The display card shall be uniform statewide and developed by the
17744Department of Economic Opportunity Community Affairs. At a
17745minimum, the display card shall list information indicating the
17746energy performance level of the dwelling unit resulting from
17747compliance with the code, shall be signed by the builder, and
17748shall list general information about the energy performance
17749level and the code.
17750     Section 394.  Section 553.954, Florida Statutes, is amended
17751to read:
17752     553.954  Adoption of standards.-The Department of Economic
17753Opportunity Community Affairs shall adopt, modify, revise,
17754update, and maintain the Florida Energy Conservation Standards
17755to implement the provisions of this part and amendments thereto
17756in accordance with the procedures of chapter 120.
17757     Section 395.  Subsection (6) of section 553.955, Florida
17758Statutes, is amended to read:
17759     553.955  Definitions.-For purposes of this part:
17760     (6)  "Department" means the Department of Economic
17761Opportunity Community Affairs.
17762     Section 396.  Subsection (1) of section 553.973, Florida
17763Statutes, is amended to read:
17764     553.973  Enforcement and penalties.-
17765     (1)  The department of Community Affairs shall investigate
17766any complaints received concerning violations of this part and
17767shall report the results of its investigation to the Attorney
17768General or state attorney. The Attorney General or state
17769attorney may institute proceedings to enjoin any person found to
17770be violating the provisions of this part.
17771     Section 397.  Section 553.992, Florida Statutes, is amended
17772to read:
17773     553.992  Adoption of rating system.-The Department of
17774Economic Opportunity Community Affairs shall adopt, update, and
17775maintain a statewide uniform building energy-efficiency rating
17776system to implement the provisions of this part and amendments
17777thereto in accordance with the procedures of chapter 120 and
17778shall, upon the request of any builder, designer, rater, or
17779owner of a building, issue nonbinding interpretations,
17780clarifications, and opinions concerning the application and use
17781of the building energy rating system under rules that the
17782department adopts in accordance with chapter 120.
17783     Section 398.  Subsection (4) of section 553.995, Florida
17784Statutes, is amended to read:
17785     553.995  Energy-efficiency ratings for buildings.-
17786     (4)  The department shall develop a training and
17787certification program to certify raters. In addition to the
17788department, ratings may be conducted by any local government or
17789private entity, provided that the appropriate persons have
17790completed the necessary training and have been certified by the
17791department. The Department of Management Services shall rate
17792state-owned or state-leased buildings, provided that the
17793appropriate persons have completed the necessary training and
17794have been certified by the Department of Economic Opportunity
17795Community Affairs. A state agency which has building
17796construction regulation authority may rate its own buildings and
17797those it is responsible for, if the appropriate persons have
17798completed the necessary training and have been certified by the
17799Department of Economic Opportunity Community Affairs. The
17800Department of Economic Opportunity Community Affairs may charge
17801a fee not to exceed the costs for the training and certification
17802of raters. The department shall by rule set the appropriate
17803charges for raters to charge for energy ratings, not to exceed
17804the actual costs.
17805     Section 399.  Subsection (10) of section 570.71, Florida
17806Statutes, is amended to read:
17807     570.71  Conservation easements and agreements.-
17808     (10)  The department, in consultation with the Department
17809of Environmental Protection, the water management districts, the
17810Department of Economic Opportunity Community Affairs, and the
17811Florida Fish and Wildlife Conservation Commission, shall adopt
17812rules that establish an application process, a process and
17813criteria for setting priorities for use of funds consistent with
17814the purposes specified in subsection (1) and giving preference
17815to ranch and timber lands managed using sustainable practices,
17816an appraisal process, and a process for title review and
17817compliance and approval of the rules by the Board of Trustees of
17818the Internal Improvement Trust Fund.
17819     Section 400.  Subsection (2) of section 604.006, Florida
17820Statutes, is amended to read:
17821     604.006  Mapping and monitoring of agricultural lands.-
17822     (2)  The Department of Economic Opportunity Community
17823Affairs shall develop a program for mapping and monitoring the
17824agricultural lands in the state. The department has the power to
17825adopt rules necessary to carry out the purposes of this section,
17826and it may contract with other agencies for the provision of
17827necessary mapping and information services.
17828     Section 401.  Paragraph (a) of subsection (4) of section
17829624.5105, Florida Statutes, is amended to read:
17830     624.5105  Community contribution tax credit; authorization;
17831limitations; eligibility and application requirements;
17832administration; definitions; expiration.-
17833     (4)  ADMINISTRATION.-
17834     (a)1.  The Department of Economic Opportunity Office of
17835Tourism, Trade, and Economic Development is authorized to adopt
17836all rules necessary to administer this section, including rules
17837for the approval or disapproval of proposals by insurers.
17838     2.  The decision of the director shall be in writing, and,
17839if approved, the proposal shall state the maximum credit
17840allowable to the insurer. A copy of the decision shall be
17841transmitted to the executive director of the Department of
17842Revenue, who shall apply such credit to the tax liability of the
17843insurer.
17844     3.  The office shall monitor all projects periodically, in
17845a manner consistent with available resources to ensure that
17846resources are utilized in accordance with this section; however,
17847each project shall be reviewed no less frequently than once
17848every 2 years.
17849     4.  The Department of Economic Opportunity Office of
17850Tourism, Trade, and Economic Development shall, in consultation
17851with the Department of Community Affairs, the Florida Housing
17852Finance Corporation, and the statewide and regional housing and
17853financial intermediaries, market the availability of the
17854community contribution tax credit program to community-based
17855organizations.
17856     Section 402.  Paragraph (b) of subsection (2) of section
17857627.0628, Florida Statutes, is amended to read:
17858     627.0628  Florida Commission on Hurricane Loss Projection
17859Methodology; public records exemption; public meetings
17860exemption.-
17861     (2)  COMMISSION CREATED.-
17862     (b)  The commission shall consist of the following 11
17863members:
17864     1.  The insurance consumer advocate.
17865     2.  The senior employee of the State Board of
17866Administration responsible for operations of the Florida
17867Hurricane Catastrophe Fund.
17868     3.  The Executive Director of the Citizens Property
17869Insurance Corporation.
17870     4.  The Director of the Division of Emergency Management of
17871the Department of Community Affairs.
17872     5.  The actuary member of the Florida Hurricane Catastrophe
17873Fund Advisory Council.
17874     6.  An employee of the office who is an actuary responsible
17875for property insurance rate filings and who is appointed by the
17876director of the office.
17877     7.  Five members appointed by the Chief Financial Officer,
17878as follows:
17879     a.  An actuary who is employed full time by a property and
17880casualty insurer which was responsible for at least 1 percent of
17881the aggregate statewide direct written premium for homeowner's
17882insurance in the calendar year preceding the member's
17883appointment to the commission.
17884     b.  An expert in insurance finance who is a full-time
17885member of the faculty of the State University System and who has
17886a background in actuarial science.
17887     c.  An expert in statistics who is a full-time member of
17888the faculty of the State University System and who has a
17889background in insurance.
17890     d.  An expert in computer system design who is a full-time
17891member of the faculty of the State University System.
17892     e.  An expert in meteorology who is a full-time member of
17893the faculty of the State University System and who specializes
17894in hurricanes.
17895     Section 403.  Paragraph (b) of subsection (1) and
17896paragraphs (d) and (e) of subsection (8) of section 627.0629,
17897Florida Statutes, are amended to read:
17898     627.0629  Residential property insurance; rate filings.-
17899     (1)
17900     (b)  By February 1, 2011, the Office of Insurance
17901Regulation, in consultation with the Department of Financial
17902Services and the Department of Community Affairs, shall develop
17903and make publicly available a proposed method for insurers to
17904establish discounts, credits, or other rate differentials for
17905hurricane mitigation measures which directly correlate to the
17906numerical rating assigned to a structure pursuant to the uniform
17907home grading scale adopted by the Financial Services Commission
17908pursuant to s. 215.55865, including any proposed changes to the
17909uniform home grading scale. By October 1, 2011, the commission
17910shall adopt rules requiring insurers to make rate filings for
17911residential property insurance which revise insurers' discounts,
17912credits, or other rate differentials for hurricane mitigation
17913measures so that such rate differentials correlate directly to
17914the uniform home grading scale. The rules may include such
17915changes to the uniform home grading scale as the commission
17916determines are necessary, and may specify the minimum required
17917discounts, credits, or other rate differentials. Such rate
17918differentials must be consistent with generally accepted
17919actuarial principles and wind-loss mitigation studies. The rules
17920shall allow a period of at least 2 years after the effective
17921date of the revised mitigation discounts, credits, or other rate
17922differentials for a property owner to obtain an inspection or
17923otherwise qualify for the revised credit, during which time the
17924insurer shall continue to apply the mitigation credit that was
17925applied immediately prior to the effective date of the revised
17926credit. Discounts, credits, and other rate differentials
17927established for rate filings under this paragraph shall
17928supersede, after adoption, the discounts, credits, and other
17929rate differentials included in rate filings under paragraph (a).
17930     (8)  EVALUATION OF RESIDENTIAL PROPERTY STRUCTURAL
17931SOUNDNESS.-
17932     (d)  The Division of Emergency Management Department of
17933Community Affairs shall establish by rule standards to govern
17934the quality of the evaluation, the quality of the
17935recommendations for retrofitting, the eligibility of the persons
17936conducting the evaluation, and the selection of applicants under
17937the program. In establishing the rule, the Division of Emergency
17938Management Department of Community Affairs shall consult with
17939the advisory committee to minimize the possibility of fraud or
17940abuse in the evaluation and retrofitting process, and to ensure
17941that funds spent by homeowners acting on the recommendations
17942achieve positive results.
17943     (e)  The Citizens Property Insurance Corporation shall
17944identify areas of this state with the greatest wind risk to
17945residential properties and recommend annually to the Division of
17946Emergency Management Department of Community Affairs priority
17947target areas for such evaluations and inclusion with the
17948associated residential construction mitigation program.
17949     Section 404.  Subsection (2) of section 720.403, Florida
17950Statutes, is amended to read:
17951     720.403  Preservation of residential communities; revival
17952of declaration of covenants.-
17953     (2)  In order to preserve a residential community and the
17954associated infrastructure and common areas for the purposes
17955described in this section, the parcel owners in a community that
17956was previously subject to a declaration of covenants that has
17957ceased to govern one or more parcels in the community may revive
17958the declaration and the homeowners' association for the
17959community upon approval by the parcel owners to be governed
17960thereby as provided in this act, and upon approval of the
17961declaration and the other governing documents for the
17962association by the Department of Economic Opportunity Community
17963Affairs in a manner consistent with this act.
17964     Section 405.  Section 720.404, Florida Statutes, is amended
17965to read:
17966     720.404  Eligible residential communities; requirements for
17967revival of declaration.-Parcel owners in a community are
17968eligible to seek approval from the Department of Economic
17969Opportunity Community Affairs to revive a declaration of
17970covenants under this act if all of the following requirements
17971are met:
17972     (1)  All parcels to be governed by the revived declaration
17973must have been once governed by a previous declaration that has
17974ceased to govern some or all of the parcels in the community;
17975     (2)  The revived declaration must be approved in the manner
17976provided in s. 720.405(6); and
17977     (3)  The revived declaration may not contain covenants that
17978are more restrictive on the parcel owners than the covenants
17979contained in the previous declaration, except that the
17980declaration may:
17981     (a)  Have an effective term of longer duration than the
17982term of the previous declaration;
17983     (b)  Omit restrictions contained in the previous
17984declaration;
17985     (c)  Govern fewer than all of the parcels governed by the
17986previous declaration;
17987     (d)  Provide for amendments to the declaration and other
17988governing documents; and
17989     (e)  Contain provisions required by this chapter for new
17990declarations that were not contained in the previous
17991declaration.
17992     Section 406.  Subsection (1) of section 720.406, Florida
17993Statutes, is amended to read:
17994     720.406  Department of Economic Opportunity Community
17995Affairs; submission; review and determination.-
17996     (1)  No later than 60 days after the date the proposed
17997revived declaration and other governing documents are approved
17998by the affected parcel owners, the organizing committee or its
17999designee must submit the proposed revived governing documents
18000and supporting materials to the Department of Economic
18001Opportunity Community Affairs to review and determine whether to
18002approve or disapprove of the proposal to preserve the
18003residential community. The submission to the department must
18004include:
18005     (a)  The full text of the proposed revived declaration of
18006covenants and articles of incorporation and bylaws of the
18007homeowners' association;
18008     (b)  A verified copy of the previous declaration of
18009covenants and other previous governing documents for the
18010community, including any amendments thereto;
18011     (c)  The legal description of each parcel to be subject to
18012the revived declaration and other governing documents and a plat
18013or other graphic depiction of the affected properties in the
18014community;
18015     (d)  A verified copy of the written consents of the
18016requisite number of the affected parcel owners approving the
18017revived declaration and other governing documents or, if
18018approval was obtained by a vote at a meeting of affected parcel
18019owners, verified copies of the notice of the meeting,
18020attendance, and voting results;
18021     (e)  An affidavit by a current or former officer of the
18022association or by a member of the organizing committee verifying
18023that the requirements for the revived declaration set forth in
18024s. 720.404 have been satisfied; and
18025     (f)  Such other documentation that the organizing committee
18026believes is supportive of the policy of preserving the
18027residential community and operating, managing, and maintaining
18028the infrastructure, aesthetic character, and common areas
18029serving the residential community.
18030     Section 407.  Subsection (4) of section 760.854, Florida
18031Statutes, is amended to read:
18032     760.854  Center for Environmental Equity and Justice.-
18033     (4)  The Center for Environmental Equity and Justice shall
18034sponsor students to serve as interns at the Department of
18035Health, the Department of Environmental Protection, the
18036Department of Economic Opportunity Community Affairs, and other
18037relevant state agencies. The center may enter into a memorandum
18038of understanding with these agencies to address environmental
18039equity and justice issues.
18040     Section 408.  Paragraph (d) of subsection (2) of section
18041768.13, Florida Statutes, is amended to read:
18042     768.13  Good Samaritan Act; immunity from civil liability.-
18043     (2)
18044     (d)  Any person whose acts or omissions are not otherwise
18045covered by this section and who participates in emergency
18046response activities under the direction of or in connection with
18047a community emergency response team, local emergency management
18048agencies, the Division of Emergency Management of the Department
18049of Community Affairs, or the Federal Emergency Management Agency
18050is not liable for any civil damages as a result of care,
18051treatment, or services provided gratuitously in such capacity
18052and resulting from any act or failure to act in such capacity in
18053providing or arranging further care, treatment, or services, if
18054such person acts as a reasonably prudent person would have acted
18055under the same or similar circumstances.
18056     Section 409.  Subsection (7) of section 943.0311, Florida
18057Statutes, is amended to read:
18058     943.0311  Chief of Domestic Security; duties of the
18059department with respect to domestic security.-
18060     (7)  As used in this section, the term "state agency"
18061includes the Agency for Health Care Administration, the Agency
18062for Workforce Innovation, the Department of Agriculture and
18063Consumer Services, the Department of Business and Professional
18064Regulation, the Department of Children and Family Services, the
18065Department of Citrus, the Department of Community Affairs, the
18066Department of Corrections, the Department of Education, the
18067Department of Elderly Affairs, the Division of Emergency
18068Management, the Department of Environmental Protection, the
18069Department of Financial Services, the Department of Health, the
18070Department of Highway Safety and Motor Vehicles, the Department
18071of Economic Opportunity, the Department of Juvenile Justice, the
18072Department of Law Enforcement, the Department of Legal Affairs,
18073the Department of Management Services, the Department of
18074Military Affairs, the Department of Revenue, the Department of
18075State, the Department of the Lottery, the Department of
18076Transportation, the Department of Veterans' Affairs, the Fish
18077and Wildlife Conservation Commission, the Parole Commission, the
18078State Board of Administration, and the Executive Office of the
18079Governor.
18080     Section 410.  Paragraph (a) of subsection (1), paragraph
18081(b) of subsection (2), and paragraphs (a) and (b) of subsection
18082(4) of section 943.0313, Florida Statutes, are amended to read:
18083     943.0313  Domestic Security Oversight Council.-The
18084Legislature finds that there exists a need to provide executive
18085direction and leadership with respect to terrorism prevention,
18086preparation, protection, response, and recovery efforts by state
18087and local agencies in this state. In recognition of this need,
18088the Domestic Security Oversight Council is hereby created. The
18089council shall serve as an advisory council pursuant to s.
1809020.03(7) to provide guidance to the state's regional domestic
18091security task forces and other domestic security working groups
18092and to make recommendations to the Governor and the Legislature
18093regarding the expenditure of funds and allocation of resources
18094related to counter-terrorism and domestic security efforts.
18095     (1)  MEMBERSHIP.-
18096     (a)  The Domestic Security Oversight Council shall consist
18097of the following voting members:
18098     1.  The executive director of the Department of Law
18099Enforcement.
18100     2.  The director of the Division of Emergency Management
18101within the Department of Community Affairs.
18102     3.  The Attorney General.
18103     4.  The Commissioner of Agriculture.
18104     5.  The State Surgeon General.
18105     6.  The Commissioner of Education.
18106     7.  The State Fire Marshal.
18107     8.  The adjutant general of the Florida National Guard.
18108     9.  The state chief information officer.
18109     10.  Each sheriff or chief of police who serves as a co-
18110chair of a regional domestic security task force pursuant to s.
18111943.0312(1)(b).
18112     11.  Each of the department's special agents in charge who
18113serve as a co-chair of a regional domestic security task force.
18114     12.  Two representatives of the Florida Fire Chiefs
18115Association.
18116     13.  One representative of the Florida Police Chiefs
18117Association.
18118     14.  One representative of the Florida Prosecuting
18119Attorneys Association.
18120     15.  The chair of the Statewide Domestic Security
18121Intelligence Committee.
18122     16.  One representative of the Florida Hospital
18123Association.
18124     17.  One representative of the Emergency Medical Services
18125Advisory Council.
18126     18.  One representative of the Florida Emergency
18127Preparedness Association.
18128     19.  One representative of the Florida Seaport
18129Transportation and Economic Development Council.
18130     (2)  ORGANIZATION.-
18131     (b)  The executive director of the Department of Law
18132Enforcement shall serve as chair of the council, and the
18133director of the Division of Emergency Management within the
18134Department of Community Affairs shall serve as vice chair of the
18135council. In the absence of the chair, the vice chair shall serve
18136as chair. In the absence of the vice chair, the chair may name
18137any member of the council to perform the duties of the chair if
18138such substitution does not extend beyond a defined meeting,
18139duty, or period of time.
18140     (4)  EXECUTIVE COMMITTEE.-
18141     (a)  The council shall establish an executive committee
18142consisting of the following members:
18143     1.  The executive director of the Department of Law
18144Enforcement.
18145     2.  The director of the Division of Emergency Management
18146within the Department of Community Affairs.
18147     3.  The Attorney General.
18148     4.  The Commissioner of Agriculture.
18149     5.  The State Surgeon General.
18150     6.  The Commissioner of Education.
18151     7.  The State Fire Marshal.
18152     (b)  The executive director of the Department of Law
18153Enforcement shall serve as the chair of the executive committee,
18154and the director of the Division of Emergency Management within
18155the Department of Community Affairs shall serve as the vice
18156chair of the executive committee.
18157     Section 411.  Paragraph (g) of subsection (1) of section
181581004.46, Florida Statutes, is amended to read:
18159     1004.46  Multidisciplinary Center for Affordable Housing.-
18160     (1)  The Multidisciplinary Center for Affordable Housing is
18161established within the School of Building Construction of the
18162College of Architecture of the University of Florida with the
18163collaboration of other related disciplines such as agriculture,
18164business administration, engineering, law, and medicine. The
18165center shall work in conjunction with other state universities.
18166The Multidisciplinary Center for Affordable Housing shall:
18167     (g)  Establish a research agenda and general work plan in
18168cooperation with the Department of Economic Opportunity
18169Community Affairs, which is the state agency responsible for
18170research and planning for affordable housing and for training
18171and technical assistance for providers of affordable housing.
18172     Section 412.  Paragraph (a) of subsection (1) of section
181731013.37, Florida Statutes, is amended to read:
18174     1013.37  State uniform building code for public educational
18175facilities construction.-
18176     (1)  UNIFORM BUILDING CODE.-A uniform statewide building
18177code for the planning and construction of public educational and
18178ancillary plants by district school boards and community college
18179district boards of trustees shall be adopted by the Florida
18180Building Commission within the Florida Building Code, pursuant
18181to s. 553.73. Included in this code must be flood plain
18182management criteria in compliance with the rules and regulations
18183in 44 C.F.R. parts 59 and 60, and subsequent revisions thereto
18184which are adopted by the Federal Emergency Management Agency. It
18185is also the responsibility of the department to develop, as a
18186part of the uniform building code, standards relating to:
18187     (a)  Prefabricated facilities or factory-built facilities
18188that are designed to be portable, relocatable, demountable, or
18189reconstructible; are used primarily as classrooms; and do not
18190fall under the provisions of ss. 320.822-320.862. Such standards
18191must permit boards to contract with the Department of Economic
18192Opportunity Community Affairs for factory inspections by
18193certified building code inspectors to certify conformance with
18194applicable law and rules. The standards must comply with the
18195requirements of s. 1013.20 for relocatable facilities intended
18196for long-term use as classroom space, and the relocatable
18197facilities shall be designed subject to missile impact criteria
18198of s. 423(24)(d)(1) of the Florida Building Code when located in
18199the windborne debris region.
18200
18201It is not a purpose of the Florida Building Code to inhibit the
18202use of new materials or innovative techniques; nor may it
18203specify or prohibit materials by brand names. The code must be
18204flexible enough to cover all phases of construction so as to
18205afford reasonable protection for the public safety, health, and
18206general welfare. The department may secure the service of other
18207state agencies or such other assistance as it finds desirable in
18208recommending to the Florida Building Commission revisions to the
18209code.
18210     Section 413.  Subsections (1) and (2) of section 1013.372,
18211Florida Statutes, are amended to read:
18212     1013.372  Education facilities as emergency shelters.-
18213     (1)  The Department of Education shall, in consultation
18214with boards and county and state emergency management offices,
18215include within the standards to be developed under this
18216subsection public shelter design criteria to be incorporated
18217into the Florida Building Code. The new criteria must be
18218designed to ensure that appropriate new educational facilities
18219can serve as public shelters for emergency management purposes.
18220A facility, or an appropriate area within a facility, for which
18221a design contract is entered into after the effective date of
18222the inclusion of the public shelter criteria in the code must be
18223built in compliance with the amended code unless the facility or
18224a part of it is exempted from using the new shelter criteria due
18225to its location, size, or other characteristics by the
18226applicable board with the concurrence of the applicable local
18227emergency management agency or the Division of Emergency
18228Management Department of Community Affairs. Any educational
18229facility located or proposed to be located in an identified
18230category 1, 2, or 3 evacuation zone is not subject to the
18231requirements of this subsection. If the regional planning
18232council region in which the county is located does not have a
18233hurricane evacuation shelter deficit, as determined by the
18234Division of Emergency Management Department of Community
18235Affairs, educational facilities within the planning council
18236region are not required to incorporate the public shelter
18237criteria.
18238     (2)  By January 31 of each even-numbered year, the Division
18239of Emergency Management Department of Community Affairs shall
18240prepare and submit a statewide emergency shelter plan to the
18241Governor and the Cabinet for approval. The plan must identify
18242the general location and square footage of existing shelters, by
18243regional planning council region, and the general location and
18244square footage of needed shelters, by regional planning council
18245region, during the next 5 years. The plan must identify the
18246types of public facilities that should be constructed to comply
18247with emergency-shelter criteria and must recommend an
18248appropriate and available source of funding for the additional
18249cost of constructing emergency shelters within these public
18250facilities. After the approval of the plan, a board may not be
18251required to build more emergency-shelter space than identified
18252as needed in the plan, and decisions pertaining to exemptions
18253pursuant to subsection (1) must be guided by the plan.
18254     Section 414.  Subsection (4) of section 1013.74, Florida
18255Statutes, is amended to read:
18256     1013.74  University authorization for fixed capital outlay
18257projects.-
18258     (4)  The university board of trustees shall, in
18259consultation with local and state emergency management agencies,
18260assess existing facilities to identify the extent to which each
18261campus has public hurricane evacuation shelter space. The board
18262shall submit to the Governor and the Legislature by August 1 of
18263each year a 5-year capital improvements program that identifies
18264new or retrofitted facilities that will incorporate enhanced
18265hurricane resistance standards and that can be used as public
18266hurricane evacuation shelters. Enhanced hurricane resistance
18267standards include fixed passive protection for window and door
18268applications to provide mitigation protection, security
18269protection with egress, and energy efficiencies that meet
18270standards required in the 130-mile-per-hour wind zone areas. The
18271board must also submit proposed facility retrofit projects to
18272the Division of Emergency Management Department of Community
18273Affairs for assessment and inclusion in the annual report
18274prepared in accordance with s. 252.385(3). Until a regional
18275planning council region in which a campus is located has
18276sufficient public hurricane evacuation shelter space, any campus
18277building for which a design contract is entered into subsequent
18278to July 1, 2001, and which has been identified by the board,
18279with the concurrence of the local emergency management agency or
18280the Division of Emergency Management Department of Community
18281Affairs, to be appropriate for use as a public hurricane
18282evacuation shelter, must be constructed in accordance with
18283public shelter standards.
18284     Section 415.  Section 163.2523, Florida Statutes, is
18285repealed.
18286     Section 416.  Section 380.285, Florida Statutes, is
18287repealed.
18288     Section 417.  Section 943.402, Florida Statutes, is
18289repealed.
18290     Section 418.  Section 20.50, Florida Statutes, is repealed.
18291     Section 419.  Transfers from the Agency for Workforce
18292Innovation.-
18293     (1)  All powers, duties, functions, records, offices,
18294personnel, associated administrative support positions,
18295property, pending issues, and existing contracts, administrative
18296authority, administrative rules, and unexpended balances of
18297appropriations, allocations, and other funds relating to the
18298following programs in the Agency for Workforce Innovation are
18299transferred by a type two transfer, as defined in s. 20.06(2),
18300Florida Statutes, as follows:
18301     (a)  The Office of Early Learning is transferred to the
18302Department of Economic Opportunity.
18303     (b)  The Office of Unemployment Compensation Services is
18304transferred to the Department of Economic Opportunity.
18305     (c)  The Office of Workforce Services is transferred to the
18306Department of Economic Opportunity.
18307     (2)  The following trust funds are transferred from the
18308Agency for Workforce Innovation to the Department of Economic
18309Opportunity:
18310     (a)  The Administrative Trust Fund, FLAIR number 75-2-021.
18311     (b)  The Employment Security Administration Trust Fund,
18312FLAIR number 75-2-195.
18313     (c)  The Special Employment Security Administration Trust
18314Fund, FLAIR number 75-2-648.
18315     (d)  The Unemployment Compensation Benefit Trust Fund,
18316FLAIR number 75-2-765.
18317     (e)  The Unemployment Compensation Clearing Trust Fund,
18318FLAIR number 75-2-767.
18319     (f)  The Revolving Trust Fund, FLAIR number 75-2-600.
18320     (g)  The Welfare Transition Trust Fund, FLAIR number 75-2-
18321401.
18322     (h)  The Displaced Homemaker Trust Fund, FLAIR number 75-2-
18323160.
18324     (i)  The Child Care and Development Block Grant Trust Fund,
18325FLAIR number 75-2-098.
18326     (3)  Any binding contract or interagency agreement existing
18327on or before October 1, 2011, between the Agency for Workforce
18328Innovation, or an entity or agent of the agency, and any other
18329agency, entity, or person shall continue as a binding contract
18330or agreement for the remainder of the term of such contract or
18331agreement with the successor department, agency, or entity
18332responsible for the program, activity, or functions relative to
18333the contract or agreement.
18334     (4)  All powers, duties, functions, records, offices,
18335personnel, property, pending issues, and existing contracts,
18336administrative authority, administrative rules, and unexpended
18337balances of appropriations, allocations, and other funds
18338relating to the Agency for Workforce Innovation and not
18339specifically delineated for transfer within this section are
18340transferred by a type two transfer to the Department of Economic
18341Opportunity.
18342     Section 420.  Subsection (3) of section 11.905, Florida
18343Statutes, is amended to read:
18344     11.905  Schedule for reviewing state agencies and advisory
18345committees.-The following state agencies, including their
18346advisory committees, or the following advisory committees of
18347agencies shall be reviewed according to the following schedule:
18348     (3)  Reviewed by July 1, 2012:
18349     (a)  Advisory committees for the Florida Community College
18350System.
18351     (b)  Advisory committees for the State University System.
18352     (c)  Agency for Workforce Innovation.
18353     (c)(d)  Department of Education.
18354     (d)(e)  Department of the Lottery.
18355
18356Upon completion of this cycle, each agency shall again be
18357subject to sunset review 10 years after its initial review.
18358     Section 421.  Paragraph (b) of subsection (2) of section
1835914.20195, Florida Statutes, is amended to read:
18360     14.20195  Suicide Prevention Coordinating Council;
18361creation; membership; duties.-There is created within the
18362Statewide Office for Suicide Prevention a Suicide Prevention
18363Coordinating Council. The council shall develop strategies for
18364preventing suicide.
18365     (2)  MEMBERSHIP.-The Suicide Prevention Coordinating
18366Council shall consist of 28 voting members.
18367     (b)  The following state officials or their designees shall
18368serve on the coordinating council:
18369     1.  The Secretary of Elderly Affairs.
18370     2.  The State Surgeon General.
18371     3.  The Commissioner of Education.
18372     4.  The Secretary of Health Care Administration.
18373     5.  The Secretary of Juvenile Justice.
18374     6.  The Secretary of Corrections.
18375     7.  The executive director of the Department of Law
18376Enforcement.
18377     8.  The executive director of the Department of Veterans'
18378Affairs.
18379     9.  The Secretary of Children and Family Services.
18380     10.  The Commissioner of Economic Opportunity director of
18381the Agency for Workforce Innovation.
18382     Section 422.  Paragraph (j) of subsection (1) of section
1838316.615, Florida Statutes, is amended to read:
18384     16.615  Council on the Social Status of Black Men and
18385Boys.-
18386     (1)  The Council on the Social Status of Black Men and Boys
18387is established within the Department of Legal Affairs and shall
18388consist of 19 members appointed as follows:
18389     (j)  The chair of the advisory council of the Division of
18390Minority Business Development of Enterprise Florida, Inc.,
18391director of the Agency for Workforce Innovation or his or her
18392designee.
18393     Section 423.  Section 20.505, Florida Statutes, is
18394transferred, renumbered as section 20.605, Florida Statutes, and
18395amended to read:
18396     20.605 20.505  Administrative Trust Fund of the Department
18397of Economic Opportunity the Agency for Workforce Innovation.-
18398     (1)  The Administrative Trust Fund is created within the
18399Department of Economic Opportunity the Agency for Workforce
18400Innovation.
18401     (2)  Funds shall be used for the purpose of supporting the
18402administrative functions of the Department of Economic
18403Opportunity the agency as required by law, pursuant to
18404legislative appropriation or an approved amendment to the
18405Department of Economic Opportunity's the agency's operating
18406budget pursuant to the provisions of chapter 216.
18407     (3)  Notwithstanding the provisions of s. 216.301 and
18408pursuant to s. 216.351, any balance in the trust fund at the end
18409of any fiscal year shall remain in the trust fund at the end of
18410the year and shall be available for carrying out the purposes of
18411the trust fund.
18412     Section 424.  Paragraph (a) of subsection (8) and paragraph
18413(a) of subsection (9) of section 39.001, Florida Statutes, are
18414amended to read:
18415     39.001  Purposes and intent; personnel standards and
18416screening.-
18417     (8)  PLAN FOR COMPREHENSIVE APPROACH.-
18418     (a)  The office shall develop a state plan for the
18419promotion of adoption, support of adoptive families, and
18420prevention of abuse, abandonment, and neglect of children and
18421shall submit the state plan to the Speaker of the House of
18422Representatives, the President of the Senate, and the Governor
18423no later than December 31, 2008. The Department of Children and
18424Family Services, the Department of Corrections, the Department
18425of Education, the Department of Health, the Department of
18426Juvenile Justice, the Department of Law Enforcement, the Agency
18427for Persons with Disabilities, and the Department of Economic
18428Opportunity Agency for Workforce Innovation shall participate
18429and fully cooperate in the development of the state plan at both
18430the state and local levels. Furthermore, appropriate local
18431agencies and organizations shall be provided an opportunity to
18432participate in the development of the state plan at the local
18433level. Appropriate local groups and organizations shall include,
18434but not be limited to, community mental health centers; guardian
18435ad litem programs for children under the circuit court; the
18436school boards of the local school districts; the Florida local
18437advocacy councils; community-based care lead agencies; private
18438or public organizations or programs with recognized expertise in
18439working with child abuse prevention programs for children and
18440families; private or public organizations or programs with
18441recognized expertise in working with children who are sexually
18442abused, physically abused, emotionally abused, abandoned, or
18443neglected and with expertise in working with the families of
18444such children; private or public programs or organizations with
18445expertise in maternal and infant health care; multidisciplinary
18446child protection teams; child day care centers; law enforcement
18447agencies; and the circuit courts, when guardian ad litem
18448programs are not available in the local area. The state plan to
18449be provided to the Legislature and the Governor shall include,
18450as a minimum, the information required of the various groups in
18451paragraph (b).
18452     (9)  FUNDING AND SUBSEQUENT PLANS.-
18453     (a)  All budget requests submitted by the office, the
18454department, the Department of Health, the Department of
18455Education, the Department of Juvenile Justice, the Department of
18456Corrections, the Agency for Persons with Disabilities, the
18457Agency for Workforce Innovation, or any other agency to the
18458Legislature for funding of efforts for the promotion of
18459adoption, support of adoptive families, and prevention of child
18460abuse, abandonment, and neglect shall be based on the state plan
18461developed pursuant to this section.
18462     Section 425.  Paragraph (a) of subsection (7) of section
1846345.031, Florida Statutes, is amended to read:
18464     45.031  Judicial sales procedure.-In any sale of real or
18465personal property under an order or judgment, the procedures
18466provided in this section and ss. 45.0315-45.035 may be followed
18467as an alternative to any other sale procedure if so ordered by
18468the court.
18469     (7)  DISBURSEMENTS OF PROCEEDS.-
18470     (a)  On filing a certificate of title, the clerk shall
18471disburse the proceeds of the sale in accordance with the order
18472or final judgment and shall file a report of such disbursements
18473and serve a copy of it on each party, and on the Department of
18474Revenue if the department was named as a defendant in the action
18475or if the Department of Economic Opportunity or the former
18476Agency for Workforce Innovation or the former Department of
18477Labor and Employment Security was named as a defendant while the
18478Department of Revenue was providing unemployment tax collection
18479services under contract with the Department of Economic
18480Opportunity or the former Agency for Workforce Innovation
18481through an interagency agreement pursuant to s. 443.1316.
18482     Section 426.  Paragraph (a) of subsection (4) of section
1848369.041, Florida Statutes, is amended to read:
18484     69.041  State named party; lien foreclosure, suit to quiet
18485title.-
18486     (4)(a)  The Department of Revenue has the right to
18487participate in the disbursement of funds remaining in the
18488registry of the court after distribution pursuant to s.
1848945.031(7). The department shall participate in accordance with
18490applicable procedures in any mortgage foreclosure action in
18491which the department has a duly filed tax warrant, or interests
18492under a lien arising from a judgment, order, or decree for
18493support, as defined in s. 409.2554, or interest in an
18494unemployment compensation tax lien under contract with the
18495Department of Economic Opportunity the Agency for Workforce
18496Innovation through an interagency agreement pursuant to s.
18497443.1316, against the subject property and with the same
18498priority, regardless of whether a default against the
18499department, the Department of Economic Opportunity, or the
18500former Agency for Workforce Innovation, or the former Department
18501of Labor and Employment Security has been entered for failure to
18502file an answer or other responsive pleading.
18503     Section 427.  Paragraph (d) of subsection (2) and
18504subsection (5) of section 112.044, Florida Statutes, are amended
18505to read:
18506     112.044  Public employers, employment agencies, labor
18507organizations; discrimination based on age prohibited;
18508exceptions; remedy.-
18509     (2)  DEFINITIONS.-For the purpose of this act:
18510     (d)  "Department" means the Department of Labor and
18511Employment Security.
18512     (5)  NOTICE TO BE POSTED.-Each employer, employment agency,
18513and labor organization shall post and keep posted in conspicuous
18514places upon its premises notices required by a notice to be
18515prepared or approved by the department setting forth such
18516information as the United States Department of Labor and the
18517United States Equal Employment Opportunity Commission department
18518deems appropriate to effectuate the purposes of this act.
18519     Section 428.  Subsection (3) of section 112.3135, Florida
18520Statutes, is amended to read:
18521     112.3135  Restriction on employment of relatives.-
18522     (3)  An agency may prescribe regulations authorizing the
18523temporary employment, in the event of an emergency as defined in
18524s. 252.34(3), of individuals whose employment would be otherwise
18525prohibited by this section.
18526     Section 429.  Subsection (10) of section 120.80, Florida
18527Statutes, is amended to read:
18528     120.80  Exceptions and special requirements; agencies.-
18529     (10)  THE DEPARTMENT OF ECONOMIC OPPORTUNITY AGENCY FOR
18530WORKFORCE INNOVATION.-
18531     (a)  Notwithstanding s. 120.54, the rulemaking provisions
18532of this chapter do not apply to unemployment appeals referees.
18533     (b)  Notwithstanding s. 120.54(5), the uniform rules of
18534procedure do not apply to appeal proceedings conducted under
18535chapter 443 by the Unemployment Appeals Commission, special
18536deputies, or unemployment appeals referees.
18537     (c)  Notwithstanding s. 120.57(1)(a), hearings under
18538chapter 443 may not be conducted by an administrative law judge
18539assigned by the division, but instead shall be conducted by the
18540Unemployment Appeals Commission in unemployment compensation
18541appeals, unemployment appeals referees, and the Department of
18542Economic Opportunity the Agency for Workforce Innovation or its
18543special deputies under s. 443.141.
18544     Section 430. Paragraph (a) of subsection (1) of section
18545202.37, Florida Statutes, is amended to read:
18546     202.37  Special rules for administration of local
18547communications services tax.-
18548     (1)(a)  Except as otherwise provided in this section, all
18549statutory provisions and administrative rules applicable to the
18550communications services tax imposed by s. 202.12 apply to any
18551local communications services tax imposed under s. 202.19, and
18552the department shall administer, collect, and enforce all taxes
18553imposed under s. 202.19, including interest and penalties
18554attributable thereto, in accordance with the same procedures
18555used in the administration, collection, and enforcement of the
18556communications services tax imposed by s. 202.12. Audits
18557performed by the department shall include a determination of the
18558dealer's compliance with the jurisdictional situsing of its
18559customers' service addresses and a determination of whether the
18560rate collected for the local tax pursuant to ss. 202.19 and
18561202.20 is correct. The person or entity designated by a local
18562government pursuant to s. 213.053(8)(v) may provide evidence to
18563the department demonstrating a specific person's failure to
18564fully or correctly report taxable communications services sales
18565within the jurisdiction. The department may request additional
18566information from the designee to assist in any review. The
18567department shall inform the designee of what action, if any, the
18568department intends to take regarding the person.
18569     Section 431.  Paragraph (d) of subsection (1) of section
18570212.096, Florida Statutes, is amended to read:
18571     212.096  Sales, rental, storage, use tax; enterprise zone
18572jobs credit against sales tax.-
18573     (1)  For the purposes of the credit provided in this
18574section:
18575     (d)  "Job" means a full-time position, as consistent with
18576terms used by the Department of Economic Opportunity the Agency
18577for Workforce Innovation and the United States Department of
18578Labor for purposes of unemployment compensation tax
18579administration and employment estimation resulting directly from
18580a business operation in this state. This term may not include a
18581temporary construction job involved with the construction of
18582facilities or any job that has previously been included in any
18583application for tax credits under s. 220.181(1). The term also
18584includes employment of an employee leased from an employee
18585leasing company licensed under chapter 468 if such employee has
18586been continuously leased to the employer for an average of at
18587least 36 hours per week for more than 6 months.
18588
18589A person shall be deemed to be employed if the person performs
18590duties in connection with the operations of the business on a
18591regular, full-time basis, provided the person is performing such
18592duties for an average of at least 36 hours per week each month.
18593The person must be performing such duties at a business site
18594located in the enterprise zone.
18595     Section 432.  Paragraphs (l) through (s) of subsection (8)
18596of section 213.053, Florida Statutes, as amended by chapter
185972010-280, Laws of Florida, are redesignated as paragraphs (k)
18598through (r), respectively, paragraphs (u) and (v) of that
18599subsection are redesignated as paragraphs (s) and (t),
18600respectively, paragraphs (x) through (aa) of that subsection are
18601redesignated as paragraphs (u) through (x), respectively,
18602paragraph (cc) of that subsection is redesignated as paragraph
18603(y), and subsection (4), paragraph (a) of subsection (7),
18604present paragraphs (k), (t), (w), and (bb) of subsection (8),
18605and subsections (19), (20), and (21) of that section are
18606amended, to read:
18607     213.053  Confidentiality and information sharing.-
18608     (4)  The department, while providing unemployment tax
18609collection services under contract with the Department of
18610Economic Opportunity the Agency for Workforce Innovation through
18611an interagency agreement pursuant to s. 443.1316, may release
18612unemployment tax rate information to the agent of an employer,
18613which agent provides payroll services for more than 100 500
18614employers, pursuant to the terms of a memorandum of
18615understanding. The memorandum of understanding must state that
18616the agent affirms, subject to the criminal penalties contained
18617in ss. 443.171 and 443.1715, that the agent will retain the
18618confidentiality of the information, that the agent has in effect
18619a power of attorney from the employer which permits the agent to
18620obtain unemployment tax rate information, and that the agent
18621shall provide the department with a copy of the employer's power
18622of attorney upon request.
18623     (7)(a)  Any information received by the Department of
18624Revenue in connection with the administration of taxes,
18625including, but not limited to, information contained in returns,
18626reports, accounts, or declarations filed by persons subject to
18627tax, shall be made available to the following in performance of
18628their official duties:
18629     1.  The Auditor General or his or her authorized agent;
18630     2.  The director of the Office of Program Policy Analysis
18631and Government Accountability or his or her authorized agent;
18632     3.  The Chief Financial Officer or his or her authorized
18633agent;
18634     4.  The Director of the Office of Insurance Regulation of
18635the Financial Services Commission or his or her authorized
18636agent;
18637     5.  A property appraiser or tax collector or their
18638authorized agents pursuant to s. 195.084(1); or
18639     6.  Designated employees of the Department of Education
18640solely for determination of each school district's price level
18641index pursuant to s. 1011.62(2); and
18642     7.  The Commissioner of Economic Opportunity or his or her
18643authorized agent.
18644     (8)  Notwithstanding any other provision of this section,
18645the department may provide:
18646     (k)1.  Payment information relative to chapters 199, 201,
18647202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and
18648Economic Development, or its employees or agents that are
18649identified in writing by the office to the department, in the
18650administration of the tax refund program for qualified defense
18651contractors and space flight business contractors authorized by
18652s. 288.1045 and the tax refund program for qualified target
18653industry businesses authorized by s. 288.106.
18654     2.  Information relative to tax credits taken by a business
18655under s. 220.191 and exemptions or tax refunds received by a
18656business under s. 212.08(5)(j) to the Office of Tourism, Trade,
18657and Economic Development, or its employees or agents that are
18658identified in writing by to the department, in the
18659administration and evaluation of the capital investment tax
18660credit program authorized in s. 220.191 and the semiconductor,
18661defense, and space tax exemption program authorized in s.
18662212.08(5)(j).
18663     3.  Information relative to tax credits taken by a taxpayer
18664pursuant to the tax credit programs created in ss. 193.017;
18665212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
18666212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
18667220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
18668290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
18669550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
18670the Office of Tourism, Trade, and Economic Development, or its
18671employees or agents that are identified in writing by the office
18672to the department, for use in the administration or evaluation
18673of such programs.
18674
18675Disclosure of information under this subsection shall be
18676pursuant to a written agreement between the executive director
18677and the agency. Such agencies, governmental or nongovernmental,
18678shall be bound by the same requirements of confidentiality as
18679the Department of Revenue. Breach of confidentiality is a
18680misdemeanor of the first degree, punishable as provided by s.
18681775.082 or s. 775.083.
18682     (t)  Information relative to the tax exemptions under ss.
18683212.031, 212.06, and 212.08 for those persons qualified under s.
18684288.1258 to the Office of Film and Entertainment. The Department
18685of Revenue shall provide the Office of Film and Entertainment
18686with information in the aggregate.
18687     (w)  Tax registration information to the Agency for
18688Workforce Innovation for use in the conduct of its official
18689duties, which information may not be redisclosed by the Agency
18690for Workforce Innovation.
18691     (bb)  Information relative to tax credits taken under s.
18692288.1254 to the Office of Film and Entertainment and the Office
18693of Tourism, Trade, and Economic Development.
18694
18695Disclosure of information under this subsection shall be
18696pursuant to a written agreement between the executive director
18697and the agency. Such agencies, governmental or nongovernmental,
18698shall be bound by the same requirements of confidentiality as
18699the Department of Revenue. Breach of confidentiality is a
18700misdemeanor of the first degree, punishable as provided by s.
18701775.082 or s. 775.083.
18702     (19)  The department may disclose information relative to
18703tax credits taken by a taxpayer pursuant to s. 288.9916 to the
18704Office of Tourism, Trade, and Economic Development or its
18705employees or agents. Such employees must be identified in
18706writing by the office to the department. All information
18707disclosed under this subsection is subject to the same
18708requirements of confidentiality and the same penalties for
18709violation of the requirements as the department.
18710     (19)(20)(a)  The department may publish a list of taxpayers
18711against whom the department has filed a warrant, notice of lien,
18712or judgment lien certificate. The list may include the name and
18713address of each taxpayer; the amounts and types of delinquent
18714taxes, fees, or surcharges, penalties, or interest; and the
18715employer identification number or other taxpayer identification
18716number.
18717     (b)  The department shall update the list at least monthly
18718to reflect payments for resolution of deficiencies and to
18719otherwise add or remove taxpayers from the list.
18720     (c)  The department may adopt rules to administer this
18721subsection.
18722     (20)(21)  The department may disclose information relating
18723to taxpayers against whom the department has filed a warrant,
18724notice of lien, or judgment lien certificate. Such information
18725includes the name and address of the taxpayer, the actions
18726taken, the amounts and types of liabilities, and the amount of
18727any collections made.
18728     Section 433.  Paragraph (b) of subsection (8) of section
18729216.136, Florida Statutes, is amended to read:
18730     216.136  Consensus estimating conferences; duties and
18731principals.-
18732     (8)  EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.-
18733     (b)  The Department of Economic Opportunity Agency for
18734Workforce Innovation shall provide information on needs and
18735waiting lists for school readiness programs, and information on
18736the needs for the Voluntary Prekindergarten Education Program,
18737as requested by the Early Learning Programs Estimating
18738Conference or individual conference principals in a timely
18739manner.
18740     Section 434.  Paragraph (a) of subsection (6) of section
18741216.292, Florida Statutes, is amended to read:
18742     216.292  Appropriations nontransferable; exceptions.-
18743     (6)  The Chief Financial Officer shall transfer from any
18744available funds of an agency or the judicial branch the
18745following amounts and shall report all such transfers and the
18746reasons therefor to the legislative appropriations committees
18747and the Executive Office of the Governor:
18748     (a)  The amount due to the Unemployment Compensation Trust
18749Fund which is more than 90 days delinquent on reimbursements due
18750to the Unemployment Compensation Trust Fund. The amount
18751transferred shall be that certified by the Department of Revenue
18752as the state agency providing unemployment tax collection
18753services under an interagency agreement contract with the
18754Department of Economic Opportunity Agency for Workforce
18755Innovation through an interagency agreement pursuant to s.
18756443.1316.
18757     Section 435.  Subsection (1) of section 216.231, Florida
18758Statutes, is amended to read:
18759     216.231  Release of certain classified appropriations.-
18760     (1)(a)  Any appropriation to the Executive Office of the
18761Governor which is classified as an "emergency," as defined in s.
18762252.34(3), may be released only with the approval of the
18763Governor. The state agency, or the judicial branch, desiring the
18764use of the emergency appropriation shall submit to the Executive
18765Office of the Governor an application therefor in writing
18766setting forth the facts from which the alleged need arises. The
18767Executive Office of the Governor shall, at a public hearing,
18768review such application promptly and approve or disapprove the
18769applications as the circumstances may warrant. All actions of
18770the Executive Office of the Governor shall be reported to the
18771legislative appropriations committees, and the committees may
18772advise the Executive Office of the Governor relative to the
18773release of such funds.
18774     (b)  The release of appropriated funds classified as
18775"emergency" shall be approved only when an act or circumstance
18776caused by an act of God, civil disturbance, natural disaster, or
18777other circumstance of an emergency nature threatens, endangers,
18778or damages the property, safety, health, or welfare of the state
18779or its residents citizens, which condition has not been provided
18780for in appropriation acts of the Legislature. Funds allocated
18781for this purpose may be used to pay overtime pay to personnel of
18782agencies called upon to perform extra duty because of any civil
18783disturbance or other emergency as defined in s. 252.34(3) and to
18784provide the required state match for federal grants under the
18785federal Disaster Relief Act.
18786     Section 436.  Paragraph (ff) of subsection (1) of section
18787220.03, Florida Statutes, is amended to read:
18788     220.03  Definitions.-
18789     (1)  SPECIFIC TERMS.-When used in this code, and when not
18790otherwise distinctly expressed or manifestly incompatible with
18791the intent thereof, the following terms shall have the following
18792meanings:
18793     (ff)  "Job" means a full-time position, as consistent with
18794terms used by the Department of Economic Opportunity the Agency
18795for Workforce Innovation and the United States Department of
18796Labor for purposes of unemployment compensation tax
18797administration and employment estimation resulting directly from
18798business operations in this state. The term may not include a
18799temporary construction job involved with the construction of
18800facilities or any job that has previously been included in any
18801application for tax credits under s. 212.096. The term also
18802includes employment of an employee leased from an employee
18803leasing company licensed under chapter 468 if the employee has
18804been continuously leased to the employer for an average of at
18805least 36 hours per week for more than 6 months.
18806     Section 437.  Subsection (2) of section 222.15, Florida
18807Statutes, is amended to read:
18808     222.15  Wages or unemployment compensation payments due
18809deceased employee may be paid spouse or certain relatives.-
18810     (2)  It is also lawful for the Department of Economic
18811Opportunity the Agency for Workforce Innovation, in case of
18812death of any unemployed individual, to pay to those persons
18813referred to in subsection (1) any unemployment compensation
18814payments that may be due to the individual at the time of his or
18815her death.
18816     Section 438.  Subsections (3) and (4) of section 250.06,
18817Florida Statutes, are amended to read:
18818     250.06  Commander in chief.-
18819     (3)  The Governor may, in order to preserve the public
18820peace, execute the laws of the state, suppress insurrection,
18821repel invasion, respond to an emergency as defined in s.
18822252.34(3) or imminent danger thereof, or, in case of the calling
18823of all or any portion of the militia of this state Florida into
18824the services of the United States, may increase the Florida
18825National Guard and organize it in accordance with rules and
18826regulations governing the Armed Forces of the United States.
18827Such organization and increase may be pursuant to or in advance
18828of any call made by the President of the United States. If the
18829Florida National Guard is activated into service of the United
18830States, another organization may not be designated as the
18831Florida National Guard.
18832     (4)  The Governor may, in order to preserve the public
18833peace, execute the laws of the state, enhance domestic security,
18834respond to terrorist threats or attacks, respond to an emergency
18835as defined in s. 252.34(3) or imminent danger thereof, or
18836respond to any need for emergency aid to civil authorities as
18837specified in s. 250.28, order into state active duty all or any
18838part of the militia which he or she deems proper.
18839     Section 439.  Paragraph (b) of subsection (1) of section
18840255.099, Florida Statutes, is amended to read:
18841     255.099  Preference to state residents.-
18842     (1)  Each contract for construction that is funded by state
18843funds must contain a provision requiring the contractor to give
18844preference to the employment of state residents in the
18845performance of the work on the project if state residents have
18846substantially equal qualifications to those of nonresidents. A
18847contract for construction funded by local funds may contain such
18848a provision.
18849     (b)  A contractor required to employ state residents must
18850contact the Department of Economic Opportunity the Agency for
18851Workforce Innovation to post the contractor's employment needs
18852in the state's job bank system.
18853     Section 440.  Section 287.09431, Florida Statutes, is
18854amended to read:
18855     287.09431  Statewide and interlocal agreement on
18856certification of business concerns for the status of minority
18857business enterprise.-The statewide and interlocal agreement on
18858certification of business concerns for the status of minority
18859business enterprise is hereby enacted and entered into with all
18860jurisdictions or organizations legally joining therein. If,
18861within 2 years from the date that the certification core
18862criteria are approved by the Department of Management Services
18863Department of Labor and Employment Security, the agreement
18864included herein is not executed by a majority of county and
18865municipal governing bodies that administer a minority business
18866assistance program on the effective date of this act, then the
18867Legislature shall review this agreement. It is the intent of the
18868Legislature that if the agreement is not executed by a majority
18869of the requisite governing bodies, then a statewide uniform
18870certification process should be adopted, and that said agreement
18871should be repealed and replaced by a mandatory state government
18872certification process.
18873
18874
ARTICLE I
18875
18876     PURPOSE, FINDINGS, AND POLICY.-
18877     (1)  The parties to this agreement, desiring by common
18878action to establish a uniform certification process in order to
18879reduce the multiplicity of applications by business concerns to
18880state and local governmental programs for minority business
18881assistance, declare that it is the policy of each of them, on
18882the basis of cooperation with one another, to remedy social and
18883economic disadvantage suffered by certain groups, resulting in
18884their being historically underutilized in ownership and control
18885of commercial enterprises. Thus, the parties seek to address
18886this history by increasing the participation of the identified
18887groups in opportunities afforded by government procurement.
18888     (2)  The parties find that the State of Florida presently
18889certifies firms for participation in the minority business
18890assistance programs of the state. The parties find further that
18891some counties, municipalities, school boards, special districts,
18892and other divisions of local government require a separate, yet
18893similar, and in most cases redundant certification in order for
18894businesses to participate in the programs sponsored by each
18895government entity.
18896     (3)  The parties find further that this redundant
18897certification has proven to be unduly burdensome to the
18898minority-owned firms intended to benefit from the underlying
18899purchasing incentives.
18900     (4)  The parties agree that:
18901     (a)  They will facilitate integrity, stability, and
18902cooperation in the statewide and interlocal certification
18903process, and in other elements of programs established to assist
18904minority-owned businesses.
18905     (b)  They shall cooperate with agencies, organizations, and
18906associations interested in certification and other elements of
18907minority business assistance.
18908     (c)  It is the purpose of this agreement to provide for a
18909uniform process whereby the status of a business concern may be
18910determined in a singular review of the business information for
18911these purposes, in order to eliminate any undue expense, delay,
18912or confusion to the minority-owned businesses in seeking to
18913participate in the minority business assistance programs of
18914state and local jurisdictions.
18915
18916
ARTICLE II
18917
18918     DEFINITIONS.-As used in this agreement and contracts made
18919pursuant to it, unless the context clearly requires otherwise:
18920     (1)  "Awarding organization" means any political
18921subdivision or organization authorized by law, ordinance, or
18922agreement to enter into contracts and for which the governing
18923body has entered into this agreement.
18924     (2)  "Department" means the Department of Management
18925Services Department of Labor and Employment Security.
18926     (3)  "Minority" means a person who is a lawful, permanent
18927resident of the state, having origins in one of the minority
18928groups as described and adopted by the Department of Management
18929Services Department of Labor and Employment Security, hereby
18930incorporated by reference.
18931     (4)  "Minority business enterprise" means any small
18932business concern as defined in subsection (6) that meets all of
18933the criteria described and adopted by the Department of
18934Management Services Department of Labor and Employment Security,
18935hereby incorporated by reference.
18936     (5)  "Participating state or local organization" means any
18937political subdivision of the state or organization designated by
18938such that elects to participate in the certification process
18939pursuant to this agreement, which has been approved according to
18940s. 287.0943(3) and has legally entered into this agreement.
18941     (6)  "Small business concern" means an independently owned
18942and operated business concern which is of a size and type as
18943described and adopted by vote related to this agreement of the
18944commission, hereby incorporated by reference.
18945
18946
ARTICLE III
18947
18948     STATEWIDE AND INTERLOCAL CERTIFICATIONS.-
18949     (1)  All awarding organizations shall accept a
18950certification granted by any participating organization which
18951has been approved according to s. 287.0943(3) and has entered
18952into this agreement, as valid status of minority business
18953enterprise.
18954     (2)  A participating organization shall certify a business
18955concern that meets the definition of minority business
18956enterprise in this agreement, in accordance with the duly
18957adopted eligibility criteria.
18958     (3)  All participating organizations shall issue notice of
18959certification decisions granting or denying certification to all
18960other participating organizations within 14 days of the
18961decision. Such notice may be made through electronic media.
18962     (4)  No certification will be granted without an onsite
18963visit to verify ownership and control of the prospective
18964minority business enterprise, unless verification can be
18965accomplished by other methods of adequate verification or
18966assessment of ownership and control.
18967     (5)  The certification of a minority business enterprise
18968pursuant to the terms of this agreement shall not be suspended,
18969revoked, or otherwise impaired except on any grounds which would
18970be sufficient for revocation or suspension of a certification in
18971the jurisdiction of the participating organization.
18972     (6)  The certification determination of a party may be
18973challenged by any other participating organization by the
18974issuance of a timely written notice by the challenging
18975organization to the certifying organization's determination
18976within 10 days of receiving notice of the certification
18977decision, stating the grounds therefor.
18978     (7)  The sole accepted grounds for challenge shall be the
18979failure of the certifying organization to adhere to the adopted
18980criteria or the certifying organization's rules or procedures,
18981or the perpetuation of a misrepresentation or fraud by the firm.
18982     (8)  The certifying organization shall reexamine its
18983certification determination and submit written notice to the
18984applicant and the challenging organization of its findings
18985within 30 days after the receipt of the notice of challenge.
18986     (9)  If the certification determination is affirmed, the
18987challenging agency may subsequently submit timely written notice
18988to the firm of its intent to revoke certification of the firm.
18989
18990
ARTICLE IV
18991
18992     APPROVED AND ACCEPTED PROGRAMS.-Nothing in this agreement
18993shall be construed to repeal or otherwise modify any ordinance,
18994law, or regulation of a party relating to the existing minority
18995business assistance provisions and procedures by which minority
18996business enterprises participate therein.
18997
18998
ARTICLE V
18999
19000     TERM.-The term of the agreement shall be 5 years, after
19001which it may be reexecuted by the parties.
19002
19003
ARTICLE VI
19004
19005     AGREEMENT EVALUATION.-The designated state and local
19006officials may meet from time to time as a group to evaluate
19007progress under the agreement, to formulate recommendations for
19008changes, or to propose a new agreement.
19009
19010
ARTICLE VII
19011
19012     OTHER ARRANGEMENTS.-Nothing in this agreement shall be
19013construed to prevent or inhibit other arrangements or practices
19014of any party in order to comply with federal law.
19015
19016
ARTICLE VIII
19017
19018     EFFECT AND WITHDRAWAL.-
19019     (1)  This agreement shall become effective when properly
19020executed by a legal representative of the participating
19021organization, when enacted into the law of the state and after
19022an ordinance or other legislation is enacted into law by the
19023governing body of each participating organization. Thereafter it
19024shall become effective as to any participating organization upon
19025the enactment of this agreement by the governing body of that
19026organization.
19027     (2)  Any party may withdraw from this agreement by enacting
19028legislation repealing the same, but no such withdrawal shall
19029take effect until one year after the governing body of the
19030withdrawing party has given notice in writing of the withdrawal
19031to the other parties.
19032     (3)  No withdrawal shall relieve the withdrawing party of
19033any obligations imposed upon it by law.
19034
19035
ARTICLE IX
19036
19037     FINANCIAL RESPONSIBILITY.-
19038     (1)  A participating organization shall not be financially
19039responsible or liable for the obligations of any other
19040participating organization related to this agreement.
19041     (2)  The provisions of this agreement shall constitute
19042neither a waiver of any governmental immunity under Florida law
19043nor a waiver of any defenses of the parties under Florida law.
19044The provisions of this agreement are solely for the benefit of
19045its executors and not intended to create or grant any rights,
19046contractual or otherwise, to any person or entity.
19047
19048
ARTICLE X
19049
19050     VENUE AND GOVERNING LAW.-The obligations of the parties to
19051this agreement are performable only within the county where the
19052participating organization is located, and statewide for the
19053Office of Supplier Diversity, and venue for any legal action in
19054connection with this agreement shall lie, for any participating
19055organization except the Office of Supplier Diversity,
19056exclusively in the county where the participating organization
19057is located. This agreement shall be governed by and construed in
19058accordance with the laws and court decisions of the state.
19059
19060
ARTICLE XI
19061
19062     CONSTRUCTION AND SEVERABILITY.-This agreement shall be
19063liberally construed so as to effectuate the purposes thereof.
19064The provisions of this agreement shall be severable and if any
19065phrase, clause, sentence, or provision of this agreement is
19066declared to be contrary to the State Constitution or the United
19067States Constitution, or the application thereof to any
19068government, agency, person, or circumstance is held invalid, the
19069validity of the remainder of this agreement and the
19070applicability thereof to any government, agency, person, or
19071circumstance shall not be affected thereby. If this agreement
19072shall be held contrary to the State Constitution, the agreement
19073shall remain in full force and effect as to all severable
19074matters.
19075     Section 441.  Paragraphs (h) and (o) of subsection (4) of
19076section 287.09451, Florida Statutes, are amended to read:
19077     287.09451  Office of Supplier Diversity; powers, duties,
19078and functions.-
19079     (4)  The Office of Supplier Diversity shall have the
19080following powers, duties, and functions:
19081     (h)  To develop procedures to investigate complaints
19082against minority business enterprises or contractors alleged to
19083violate any provision related to this section or s. 287.0943,
19084that may include visits to worksites or business premises, and
19085to refer all information on businesses suspected of
19086misrepresenting minority status to the Department of Management
19087Services for investigation. When an investigation is completed
19088and there is reason to believe that a violation has occurred,
19089the Department of Labor and Employment Security shall refer the
19090matter shall be referred to the office of the Attorney General,
19091Department of Legal Affairs, for prosecution.
19092     (o)1.  To establish a system to record and measure the use
19093of certified minority business enterprises in state contracting.
19094This system shall maintain information and statistics on
19095certified minority business enterprise participation, awards,
19096dollar volume of expenditures and agency goals, and other
19097appropriate types of information to analyze progress in the
19098access of certified minority business enterprises to state
19099contracts and to monitor agency compliance with this section.
19100Such reporting must include, but is not limited to, the
19101identification of all subcontracts in state contracting by
19102dollar amount and by number of subcontracts and the
19103identification of the utilization of certified minority business
19104enterprises as prime contractors and subcontractors by dollar
19105amounts of contracts and subcontracts, number of contracts and
19106subcontracts, minority status, industry, and any conditions or
19107circumstances that significantly affected the performance of
19108subcontractors. Agencies shall report their compliance with the
19109requirements of this reporting system at least annually and at
19110the request of the office. All agencies shall cooperate with the
19111office in establishing this reporting system. Except in
19112construction contracting, all agencies shall review contracts
19113costing in excess of CATEGORY FOUR as defined in s. 287.017 to
19114determine if such contracts could be divided into smaller
19115contracts to be separately solicited and awarded, and shall,
19116when economical, offer such smaller contracts to encourage
19117minority participation.
19118     2.  To report agency compliance with the provisions of
19119subparagraph 1. for the preceding fiscal year to the Governor
19120and Cabinet, the President of the Senate, and the Speaker of the
19121House of Representatives, and the secretary of the Department of
19122Labor and Employment Security on or before February 1 of each
19123year. The report must contain, at a minimum, the following:
19124     a.  Total expenditures of each agency by industry.
19125     b.  The dollar amount and percentage of contracts awarded
19126to certified minority business enterprises by each state agency.
19127     c.  The dollar amount and percentage of contracts awarded
19128indirectly to certified minority business enterprises as
19129subcontractors by each state agency.
19130     d.  The total dollar amount and percentage of contracts
19131awarded to certified minority business enterprises, whether
19132directly or indirectly, as subcontractors.
19133     e.  A statement and assessment of good faith efforts taken
19134by each state agency.
19135     f.  A status report of agency compliance with subsection
19136(6), as determined by the Minority Business Enterprise Office.
19137     Section 442.  Subsections (2), (4), and (5) of section
19138331.369, Florida Statutes, are transferred, renumbered as
19139section 445.061, Florida Statutes, and amended to read:
19140     445.061 331.369  Space Industry Workforce Initiative.-
19141     (1)(2)  Workforce Florida, Inc., The Workforce Development
19142Board of Enterprise Florida, Inc., or its successor entity,
19143shall coordinate development of a Space Industry Workforce
19144Initiative in partnership with Space Florida, public and private
19145universities, community colleges, and other training providers
19146approved by the board. The purpose of the initiative is to use
19147or revise existing programs and to develop innovative new
19148programs to address the workforce needs of the aerospace
19149industry.
19150     (2)(4)  Workforce Florida, Inc., The Workforce Development
19151Board of Enterprise Florida, Inc., or its successor entity, with
19152the assistance of Enterprise Florida, Inc., and Space Florida,
19153shall convene representatives from the aerospace industry to
19154identify the priority training and education needs of the
19155industry and to appoint a team to design programs to meet the
19156priority needs.
19157     (3)(5)  Workforce Florida, Inc., The Workforce Development
19158Board of Enterprise Florida, Inc., or its successor entity, as
19159part of its statutorily prescribed annual report to the
19160Legislature, shall provide recommendations for policies,
19161programs, and funding to enhance the workforce needs of the
19162aerospace industry.
19163     Section 443.  Subsection (6) of section 381.0086, Florida
19164Statutes, is amended to read:
19165     381.0086  Rules; variances; penalties.-
19166     (6)  For the purposes of filing an interstate clearance
19167order with the Department of Economic Opportunity the Agency for
19168Workforce Innovation, if the housing is covered by 20 C.F.R.
19169part 654, subpart E, no permanent structural variance referred
19170to in subsection (2) is allowed.
19171     Section 444.  Paragraph (b) of subsection (1) and
19172subsection (2) of section 383.14, Florida Statutes, are amended
19173to read:
19174     383.14  Screening for metabolic disorders, other hereditary
19175and congenital disorders, and environmental risk factors.-
19176     (1)  SCREENING REQUIREMENTS.-To help ensure access to the
19177maternal and child health care system, the Department of Health
19178shall promote the screening of all newborns born in Florida for
19179metabolic, hereditary, and congenital disorders known to result
19180in significant impairment of health or intellect, as screening
19181programs accepted by current medical practice become available
19182and practical in the judgment of the department. The department
19183shall also promote the identification and screening of all
19184newborns in this state and their families for environmental risk
19185factors such as low income, poor education, maternal and family
19186stress, emotional instability, substance abuse, and other high-
19187risk conditions associated with increased risk of infant
19188mortality and morbidity to provide early intervention,
19189remediation, and prevention services, including, but not limited
19190to, parent support and training programs, home visitation, and
19191case management. Identification, perinatal screening, and
19192intervention efforts shall begin prior to and immediately
19193following the birth of the child by the attending health care
19194provider. Such efforts shall be conducted in hospitals,
19195perinatal centers, county health departments, school health
19196programs that provide prenatal care, and birthing centers, and
19197reported to the Office of Vital Statistics.
19198     (b)  Postnatal screening.-A risk factor analysis using the
19199department's designated risk assessment instrument shall also be
19200conducted as part of the medical screening process upon the
19201birth of a child and submitted to the department's Office of
19202Vital Statistics for recording and other purposes provided for
19203in this chapter. The department's screening process for risk
19204assessment shall include a scoring mechanism and procedures that
19205establish thresholds for notification, further assessment,
19206referral, and eligibility for services by professionals or
19207paraprofessionals consistent with the level of risk. Procedures
19208for developing and using the screening instrument, notification,
19209referral, and care coordination services, reporting
19210requirements, management information, and maintenance of a
19211computer-driven registry in the Office of Vital Statistics which
19212ensures privacy safeguards must be consistent with the
19213provisions and plans established under chapter 411, Pub. L. No.
1921499-457, and this chapter. Procedures established for reporting
19215information and maintaining a confidential registry must include
19216a mechanism for a centralized information depository at the
19217state and county levels. The department shall coordinate with
19218existing risk assessment systems and information registries. The
19219department must ensure, to the maximum extent possible, that the
19220screening information registry is integrated with the
19221department's automated data systems, including the Florida On-
19222line Recipient Integrated Data Access (FLORIDA) system. Tests
19223and screenings must be performed by the State Public Health
19224Laboratory, in coordination with Children's Medical Services, at
19225such times and in such manner as is prescribed by the department
19226after consultation with the Genetics and Newborn Infant
19227Screening Advisory Council and the Agency for Workforce
19228Innovation.
19229     (2)  RULES.-After consultation with the Genetics and
19230Newborn Screening Advisory Council, the department shall adopt
19231and enforce rules requiring that every newborn in this state
19232shall, prior to becoming 1 week of age, be subjected to a test
19233for phenylketonuria and, at the appropriate age, be tested for
19234such other metabolic diseases and hereditary or congenital
19235disorders as the department may deem necessary from time to
19236time. After consultation with the Agency for Workforce
19237Innovation, The department shall also adopt and enforce rules
19238requiring every newborn in this state to be screened for
19239environmental risk factors that place children and their
19240families at risk for increased morbidity, mortality, and other
19241negative outcomes. The department shall adopt such additional
19242rules as are found necessary for the administration of this
19243section and s. 383.145, including rules providing definitions of
19244terms, rules relating to the methods used and time or times for
19245testing as accepted medical practice indicates, rules relating
19246to charging and collecting fees for the administration of the
19247newborn screening program authorized by this section, rules for
19248processing requests and releasing test and screening results,
19249and rules requiring mandatory reporting of the results of tests
19250and screenings for these conditions to the department.
19251     Section 445.  Paragraph (b) of subsection (3) of section
19252402.281, Florida Statutes, is amended to read:
19253     402.281  Gold Seal Quality Care program.-
19254     (3)
19255     (b)  In approving accrediting associations, the department
19256shall consult with the Department of Education, the Department
19257of Economic Opportunity Agency for Workforce Innovation, the
19258Florida Head Start Directors Association, the Florida
19259Association of Child Care Management, the Florida Family Day
19260Care Association, the Florida Children's Forum, the Early
19261Childhood Association of Florida, the Child Development
19262Education Alliance, providers receiving exemptions under s.
19263402.316, and parents.
19264     Section 446.  Subsection (6) of section 402.45, Florida
19265Statutes, is amended to read:
19266     402.45  Community resource mother or father program.-
19267     (6)  Individuals under contract to provide community
19268resource mother or father services shall participate in
19269preservice and ongoing training as determined by the Department
19270of Health in consultation with the Department of Economic
19271Opportunity Agency for Workforce Innovation. A community
19272resource mother or father shall not be assigned a client
19273caseload until all preservice training requirements are
19274completed.
19275     Section 447.  Subsection (4) of section 402.56, Florida
19276Statutes, is amended to read:
19277     402.56  Children's cabinet; organization; responsibilities;
19278annual report.-
19279     (4)  MEMBERS.-The cabinet shall consist of 15 members
19280including the Governor and the following persons:
19281     (a)1.  The Secretary of Children and Family Services;
19282     2.  The Secretary of Juvenile Justice;
19283     3.  The director of the Agency for Persons with
19284Disabilities;
19285     4.  The Commissioner of Economic Opportunity director of
19286the Agency for Workforce Innovation;
19287     5.  The State Surgeon General;
19288     6.  The Secretary of Health Care Administration;
19289     7.  The Commissioner of Education;
19290     8.  The director of the Statewide Guardian Ad Litem Office;
19291     9.  The director of the Office of Child Abuse Prevention;
19292and
19293     10.  Five members representing children and youth advocacy
19294organizations, who are not service providers and who are
19295appointed by the Governor.
19296     (b)  The President of the Senate, the Speaker of the House
19297of Representatives, the Chief Justice of the Supreme Court, the
19298Attorney General, and the Chief Financial Officer, or their
19299appointed designees, shall serve as ex officio members of the
19300cabinet.
19301     (c)  The Governor or the Governor's designee shall serve as
19302the chair of the cabinet.
19303     (d)  Nongovernmental members of the cabinet shall serve
19304without compensation, but are entitled to receive per diem and
19305travel expenses in accordance with s. 112.061 while in
19306performance of their duties.
19307     Section 448.  Paragraph (m) of subsection (5) of section
19308403.7032, Florida Statutes, is amended to read:
19309     403.7032  Recycling.-
19310     (5)  The Department of Environmental Protection shall
19311create the Recycling Business Assistance Center by December 1,
193122010. In carrying out its duties under this subsection, the
19313department shall consult with state agency personnel appointed
19314to serve as economic development liaisons under s. 288.021 and
19315seek technical assistance from Enterprise Florida, Inc., to
19316ensure the Recycling Business Assistance Center is positioned to
19317succeed. The purpose of the center shall be to serve as the
19318mechanism for coordination among state agencies and the private
19319sector in order to coordinate policy and overall strategic
19320planning for developing new markets and expanding and enhancing
19321existing markets for recyclable materials in this state, other
19322states, and foreign countries. The duties of the center must
19323include, at a minimum:
19324     (m)  Coordinating with the Department of Economic
19325Opportunity the Agency for Workforce Innovation and its partners
19326to provide job placement and job training services to job
19327seekers through the state's workforce services programs.
19328     Section 449.  Paragraph (a) of subsection (3) of section
19329409.017, Florida Statutes, is amended to read:
19330     409.017  Revenue Maximization Act; legislative intent;
19331revenue maximization program.-
19332     (3)  REVENUE MAXIMIZATION PROGRAM.-
19333     (a)  For purposes of this section, the term "agency" means
19334any state agency or department that is involved in providing
19335health, social, or human services, including, but not limited
19336to, the Agency for Health Care Administration, the Department of
19337Economic Opportunity Agency for Workforce Innovation, the
19338Department of Children and Family Services, the Department of
19339Elderly Affairs, the Department of Juvenile Justice, the
19340Department of Education, and the State Board of Education.
19341     Section 450.  Paragraph (c) of subsection (7) of section
19342409.1451, Florida Statutes, is amended to read:
19343     409.1451  Independent living transition services.-
19344     (7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.-The
19345Secretary of Children and Family Services shall establish the
19346Independent Living Services Advisory Council for the purpose of
19347reviewing and making recommendations concerning the
19348implementation and operation of the independent living
19349transition services. This advisory council shall continue to
19350function as specified in this subsection until the Legislature
19351determines that the advisory council can no longer provide a
19352valuable contribution to the department's efforts to achieve the
19353goals of the independent living transition services.
19354     (c)  Members of the advisory council shall be appointed by
19355the secretary of the department. The membership of the advisory
19356council must include, at a minimum, representatives from the
19357headquarters and district offices of the Department of Children
19358and Family Services, community-based care lead agencies, the
19359Department of Economic Opportunity the Agency for Workforce
19360Innovation, the Department of Education, the Agency for Health
19361Care Administration, the State Youth Advisory Board, Workforce
19362Florida, Inc., the Statewide Guardian Ad Litem Office, foster
19363parents, recipients of Road-to-Independence Program funding, and
19364advocates for foster children. The secretary shall determine the
19365length of the term to be served by each member appointed to the
19366advisory council, which may not exceed 4 years.
19367     Section 451.  Subsection (4) of section 409.942, Florida
19368Statutes, is amended to read:
19369     409.942  Electronic benefit transfer program.-
19370     (4)  Workforce Florida, Inc., through the Agency for
19371Workforce Innovation, shall establish an electronic benefit
19372transfer program for the use and management of education,
19373training, child care, transportation, and other program benefits
19374under its direction. The workforce electronic benefit transfer
19375program shall fulfill all federal and state requirements for
19376Individual Training Accounts, Retention Incentive Training
19377Accounts, Individual Development Accounts, and Individual
19378Services Accounts. The workforce electronic benefit transfer
19379program shall be designed to enable an individual who receives
19380an electronic benefit transfer card under subsection (1) to use
19381that card for purposes of benefits provided under the workforce
19382development system as well. The Department of Children and
19383Family Services shall assist Workforce Florida, Inc., in
19384developing an electronic benefit transfer program for the
19385workforce development system that is fully compatible with the
19386department's electronic benefit transfer program. The agency
19387shall reimburse the department for all costs incurred in
19388providing such assistance and shall pay all costs for the
19389development of the workforce electronic benefit transfer
19390program.
19391     Section 452.  Paragraph (d) of subsection (2), subsection
19392(4), paragraphs (a), (c), (d), (e), and (f) of subsection (5),
19393paragraph (e) of subsection (7), subsection (8), and paragraphs
19394(b), (c), (d), and (e) of subsection (9) of section 411.01,
19395Florida Statutes, are amended to read:
19396     411.01  School readiness programs; early learning
19397coalitions.-
19398     (2)  LEGISLATIVE INTENT.-
19399     (d)  It is the intent of the Legislature that the
19400administrative staff for school readiness programs be kept to
19401the minimum necessary to administer the duties of the Department
19402of Economic Opportunity Agency for Workforce Innovation and
19403early learning coalitions. The Department of Economic
19404Opportunity Agency for Workforce Innovation shall adopt system
19405support services at the state level to build a comprehensive
19406early learning system. Each early learning coalition shall
19407implement and maintain direct enhancement services at the local
19408level, as approved in its school readiness plan by the
19409Department of Economic Opportunity Agency for Workforce
19410Innovation, and ensure access to such services in all 67
19411counties.
19412     (4)  DEPARTMENT OF ECONOMIC OPPORTUNITY AGENCY FOR
19413WORKFORCE INNOVATION.-
19414     (a)  The Department of Economic Opportunity Agency for
19415Workforce Innovation shall administer school readiness programs
19416at the state level and shall coordinate with the early learning
19417coalitions in providing school readiness services on a full-day,
19418full-year, full-choice basis to the extent possible in order to
19419enable parents to work and be financially self-sufficient.
19420     (b)  The Department of Economic Opportunity Agency for
19421Workforce Innovation shall:
19422     1.  Coordinate the birth-to-kindergarten services for
19423children who are eligible under subsection (6) and the
19424programmatic, administrative, and fiscal standards under this
19425section for all public providers of school readiness programs.
19426     2.  Focus on improving the educational quality of all
19427program providers participating in publicly funded school
19428readiness programs.
19429     (c)  The Governor shall designate the Department of
19430Economic Opportunity Agency for Workforce Innovation as the lead
19431agency for administration of the federal Child Care and
19432Development Fund, 45 C.F.R. parts 98 and 99, and the department
19433agency shall comply with the lead agency responsibilities under
19434federal law.
19435     (d)  The Department of Economic Opportunity Agency for
19436Workforce Innovation shall:
19437     1.  Be responsible for the prudent use of all public and
19438private funds in accordance with all legal and contractual
19439requirements.
19440     2.  Provide final approval and every 2 years review early
19441learning coalitions and school readiness plans.
19442     3.  Establish a unified approach to the state's efforts
19443toward enhancement of school readiness. In support of this
19444effort, the Department of Economic Opportunity Agency for
19445Workforce Innovation shall adopt specific system support
19446services that address the state's school readiness programs. An
19447early learning coalition shall amend its school readiness plan
19448to conform to the specific system support services adopted by
19449the Department of Economic Opportunity Agency for Workforce
19450Innovation. System support services shall include, but are not
19451limited to:
19452     a.  Child care resource and referral services;
19453     b.  Warm-Line services;
19454     c.  Eligibility determinations;
19455     d.  Child performance standards;
19456     e.  Child screening and assessment;
19457     f.  Developmentally appropriate curricula;
19458     g.  Health and safety requirements;
19459     h.  Statewide data system requirements; and
19460     i.  Rating and improvement systems.
19461     4.  Safeguard the effective use of federal, state, local,
19462and private resources to achieve the highest possible level of
19463school readiness for the children in this state.
19464     5.  Adopt a rule establishing criteria for the expenditure
19465of funds designated for the purpose of funding activities to
19466improve the quality of child care within the state in accordance
19467with s. 658G of the federal Child Care and Development Block
19468Grant Act.
19469     6.  Provide technical assistance to early learning
19470coalitions in a manner determined by the Department of Economic
19471Opportunity Agency for Workforce Innovation based upon
19472information obtained by the department agency from various
19473sources, including, but not limited to, public input, government
19474reports, private interest group reports, department agency
19475monitoring visits, and coalition requests for service.
19476     7.  In cooperation with the Department of Education and
19477early learning coalitions, coordinate with the Child Care
19478Services Program Office of the Department of Children and Family
19479Services to minimize duplicating interagency activities, health
19480and safety monitoring, and acquiring and composing data
19481pertaining to child care training and credentialing.
19482     8.  Develop and adopt performance standards and outcome
19483measures for school readiness programs. The performance
19484standards must address the age-appropriate progress of children
19485in the development of school readiness skills. The performance
19486standards for children from birth to 5 years of age in school
19487readiness programs must be integrated with the performance
19488standards adopted by the Department of Education for children in
19489the Voluntary Prekindergarten Education Program under s.
194901002.67.
19491     9.  Adopt a standard contract that must be used by the
19492coalitions when contracting with school readiness providers.
19493     (e)  The Department of Economic Opportunity Agency for
19494Workforce Innovation may adopt rules under ss. 120.536(1) and
19495120.54 to administer the provisions of law conferring duties
19496upon the department agency, including, but not limited to, rules
19497governing the administration of system support services of
19498school readiness programs, the collection of data, the approval
19499of early learning coalitions and school readiness plans, the
19500provision of a method whereby an early learning coalition may
19501serve two or more counties, the award of incentives to early
19502learning coalitions, child performance standards, child outcome
19503measures, the issuance of waivers, and the implementation of the
19504state's Child Care and Development Fund Plan as approved by the
19505federal Administration for Children and Families.
19506     (f)  The Department of Economic Opportunity Agency for
19507Workforce Innovation shall have all powers necessary to
19508administer this section, including, but not limited to, the
19509power to receive and accept grants, loans, or advances of funds
19510from any public or private agency and to receive and accept from
19511any source contributions of money, property, labor, or any other
19512thing of value, to be held, used, and applied for purposes of
19513this section.
19514     (g)  Except as provided by law, the Department of Economic
19515Opportunity Agency for Workforce Innovation may not impose
19516requirements on a child care or early childhood education
19517provider that does not deliver services under the school
19518readiness programs or receive state or federal funds under this
19519section.
19520     (h)  The Department of Economic Opportunity Agency for
19521Workforce Innovation shall have a budget for school readiness
19522programs, which shall be financed through an annual
19523appropriation made for purposes of this section in the General
19524Appropriations Act.
19525     (i)  The Department of Economic Opportunity Agency for
19526Workforce Innovation shall coordinate the efforts toward school
19527readiness in this state and provide independent policy analyses,
19528data analyses, and recommendations to the Governor, the State
19529Board of Education, and the Legislature.
19530     (j)  The Department of Economic Opportunity Agency for
19531Workforce Innovation shall require that school readiness
19532programs, at a minimum, enhance the age-appropriate progress of
19533each child in attaining the performance standards adopted under
19534subparagraph (d)8. and in the development of the following
19535school readiness skills:
19536     1.  Compliance with rules, limitations, and routines.
19537     2.  Ability to perform tasks.
19538     3.  Interactions with adults.
19539     4.  Interactions with peers.
19540     5.  Ability to cope with challenges.
19541     6.  Self-help skills.
19542     7.  Ability to express the child's needs.
19543     8.  Verbal communication skills.
19544     9.  Problem-solving skills.
19545     10.  Following of verbal directions.
19546     11.  Demonstration of curiosity, persistence, and
19547exploratory behavior.
19548     12.  Interest in books and other printed materials.
19549     13.  Paying attention to stories.
19550     14.  Participation in art and music activities.
19551     15.  Ability to identify colors, geometric shapes, letters
19552of the alphabet, numbers, and spatial and temporal
19553relationships.
19554
19555Within 30 days after enrollment in the school readiness program,
19556the early learning coalition must ensure that the program
19557provider obtains information regarding the child's
19558immunizations, physical development, and other health
19559requirements as necessary, including appropriate vision and
19560hearing screening and examinations. For a program provider
19561licensed by the Department of Children and Family Services, the
19562provider's compliance with s. 402.305(9), as verified pursuant
19563to s. 402.311, shall satisfy this requirement.
19564     (k)  The Department of Economic Opportunity Agency for
19565Workforce Innovation shall conduct studies and planning
19566activities related to the overall improvement and effectiveness
19567of the outcome measures adopted by the department agency for
19568school readiness programs and the specific system support
19569services to address the state's school readiness programs
19570adopted by the Department of Economic Opportunity Agency for
19571Workforce Innovation in accordance with subparagraph (d)3.
19572     (l)  The Department of Economic Opportunity Agency for
19573Workforce Innovation shall monitor and evaluate the performance
19574of each early learning coalition in administering the school
19575readiness program, implementing the coalition's school readiness
19576plan, and administering the Voluntary Prekindergarten Education
19577Program. These monitoring and performance evaluations must
19578include, at a minimum, onsite monitoring of each coalition's
19579finances, management, operations, and programs.
19580     (m)  The Department of Economic Opportunity Agency for
19581Workforce Innovation shall submit an annual report of its
19582activities conducted under this section to the Governor, the
19583President of the Senate, the Speaker of the House of
19584Representatives, and the minority leaders of both houses of the
19585Legislature. In addition, the Department of Economic
19586Opportunity's Agency for Workforce Innovation's reports and
19587recommendations shall be made available to the Florida Early
19588Learning Advisory Council and other appropriate state agencies
19589and entities. The annual report must provide an analysis of
19590school readiness activities across the state, including the
19591number of children who were served in the programs.
19592     (n)  The Department of Economic Opportunity Agency for
19593Workforce Innovation shall work with the early learning
19594coalitions to ensure availability of training and support for
19595parental involvement in children's early education and to
19596provide family literacy activities and services.
19597     (5)  CREATION OF EARLY LEARNING COALITIONS.-
19598     (a)  Early learning coalitions.-
19599     1.  Each early learning coalition shall maintain direct
19600enhancement services at the local level and ensure access to
19601such services in all 67 counties.
19602     2.  The Department of Economic Opportunity Agency for
19603Workforce Innovation shall establish the minimum number of
19604children to be served by each early learning coalition through
19605the coalition's school readiness program. The Department of
19606Economic Opportunity Agency for Workforce Innovation may only
19607approve school readiness plans in accordance with this minimum
19608number. The minimum number must be uniform for every early
19609learning coalition and must:
19610     a.  Permit 31 or fewer coalitions to be established; and
19611     b.  Require each coalition to serve at least 2,000 children
19612based upon the average number of all children served per month
19613through the coalition's school readiness program during the
19614previous 12 months.
19615     3.  If an early learning coalition would serve fewer
19616children than the minimum number established under subparagraph
196172., the coalition must merge with another county to form a
19618multicounty coalition. The Department of Economic Opportunity
19619Agency for Workforce Innovation shall adopt procedures for
19620merging early learning coalitions, including procedures for the
19621consolidation of merging coalitions, and for the early
19622termination of the terms of coalition members which are
19623necessary to accomplish the mergers. However, the Department of
19624Economic Opportunity Agency for Workforce Innovation shall grant
19625a waiver to an early learning coalition to serve fewer children
19626than the minimum number established under subparagraph 2., if:
19627     a.  The Department of Economic Opportunity Agency for
19628Workforce Innovation has determined during the most recent
19629review of the coalition's school readiness plan, or through
19630monitoring and performance evaluations conducted under paragraph
19631(4)(l), that the coalition has substantially implemented its
19632plan;
19633     b.  The coalition demonstrates to the Department of
19634Economic Opportunity Agency for Workforce Innovation the
19635coalition's ability to effectively and efficiently implement the
19636Voluntary Prekindergarten Education Program; and
19637     c.  The coalition demonstrates to the Department of
19638Economic Opportunity Agency for Workforce Innovation that the
19639coalition can perform its duties in accordance with law.
19640
19641If an early learning coalition fails or refuses to merge as
19642required by this subparagraph, the Department of Economic
19643Opportunity Agency for Workforce Innovation may dissolve the
19644coalition and temporarily contract with a qualified entity to
19645continue school readiness and prekindergarten services in the
19646coalition's county or multicounty region until the department
19647agency reestablishes the coalition and a new school readiness
19648plan is approved by the department agency.
19649     4.  Each early learning coalition shall be composed of at
19650least 15 members but not more than 30 members. The Department of
19651Economic Opportunity Agency for Workforce Innovation shall adopt
19652standards establishing within this range the minimum and maximum
19653number of members that may be appointed to an early learning
19654coalition and procedures for identifying which members have
19655voting privileges under subparagraph 6. These standards must
19656include variations for a coalition serving a multicounty region.
19657Each early learning coalition must comply with these standards.
19658     5.  The Governor shall appoint the chair and two other
19659members of each early learning coalition, who must each meet the
19660same qualifications as private sector business members appointed
19661by the coalition under subparagraph 7.
19662     6.  Each early learning coalition must include the
19663following member positions; however, in a multicounty coalition,
19664each ex officio member position may be filled by multiple
19665nonvoting members but no more than one voting member shall be
19666seated per member position. If an early learning coalition has
19667more than one member representing the same entity, only one of
19668such members may serve as a voting member:
19669     a.  A Department of Children and Family Services circuit
19670administrator or his or her designee who is authorized to make
19671decisions on behalf of the department.
19672     b.  A district superintendent of schools or his or her
19673designee who is authorized to make decisions on behalf of the
19674district.
19675     c.  A regional workforce board executive director or his or
19676her designee.
19677     d.  A county health department director or his or her
19678designee.
19679     e.  A children's services council or juvenile welfare board
19680chair or executive director, if applicable.
19681     f.  An agency head of a local licensing agency as defined
19682in s. 402.302, where applicable.
19683     g.  A president of a community college or his or her
19684designee.
19685     h.  One member appointed by a board of county commissioners
19686or the governing board of a municipality.
19687     i.  A central agency administrator, where applicable.
19688     j.  A Head Start director.
19689     k.  A representative of private for-profit child care
19690providers, including private for-profit family day care homes.
19691     l.  A representative of faith-based child care providers.
19692     m.  A representative of programs for children with
19693disabilities under the federal Individuals with Disabilities
19694Education Act.
19695     7.  Including the members appointed by the Governor under
19696subparagraph 5., more than one-third of the members of each
19697early learning coalition must be private sector business members
19698who do not have, and none of whose relatives as defined in s.
19699112.3143 has, a substantial financial interest in the design or
19700delivery of the Voluntary Prekindergarten Education Program
19701created under part V of chapter 1002 or the coalition's school
19702readiness program. To meet this requirement an early learning
19703coalition must appoint additional members. The Department of
19704Economic Opportunity Agency for Workforce Innovation shall
19705establish criteria for appointing private sector business
19706members. These criteria must include standards for determining
19707whether a member or relative has a substantial financial
19708interest in the design or delivery of the Voluntary
19709Prekindergarten Education Program or the coalition's school
19710readiness program.
19711     8.  A majority of the voting membership of an early
19712learning coalition constitutes a quorum required to conduct the
19713business of the coalition. An early learning coalition board may
19714use any method of telecommunications to conduct meetings,
19715including establishing a quorum through telecommunications,
19716provided that the public is given proper notice of a
19717telecommunications meeting and reasonable access to observe and,
19718when appropriate, participate.
19719     9.  A voting member of an early learning coalition may not
19720appoint a designee to act in his or her place, except as
19721otherwise provided in this paragraph. A voting member may send a
19722representative to coalition meetings, but that representative
19723does not have voting privileges. When a district administrator
19724for the Department of Children and Family Services appoints a
19725designee to an early learning coalition, the designee is the
19726voting member of the coalition, and any individual attending in
19727the designee's place, including the district administrator, does
19728not have voting privileges.
19729     10.  Each member of an early learning coalition is subject
19730to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
19731112.3143(3)(a), each voting member is a local public officer who
19732must abstain from voting when a voting conflict exists.
19733     11.  For purposes of tort liability, each member or
19734employee of an early learning coalition shall be governed by s.
19735768.28.
19736     12.  An early learning coalition serving a multicounty
19737region must include representation from each county.
19738     13.  Each early learning coalition shall establish terms
19739for all appointed members of the coalition. The terms must be
19740staggered and must be a uniform length that does not exceed 4
19741years per term. Coalition chairs shall be appointed for 4 years
19742in conjunction with their membership on the Early Learning
19743Advisory Council under s. 20.052. Appointed members may serve a
19744maximum of two consecutive terms. When a vacancy occurs in an
19745appointed position, the coalition must advertise the vacancy.
19746     (c)  Program expectations.-
19747     1.  The school readiness program must meet the following
19748expectations:
19749     a.  The program must, at a minimum, enhance the age-
19750appropriate progress of each child in attaining the performance
19751standards and outcome measures adopted by the Department of
19752Economic Opportunity Agency for Workforce Innovation.
19753     b.  The program must provide extended-day and extended-year
19754services to the maximum extent possible without compromising the
19755quality of the program to meet the needs of parents who work.
19756     c.  The program must provide a coordinated professional
19757development system that supports the achievement and maintenance
19758of core competencies by school readiness instructors in helping
19759children attain the performance standards and outcome measures
19760adopted by the Department of Economic Opportunity Agency for
19761Workforce Innovation.
19762     d.  There must be expanded access to community services and
19763resources for families to help achieve economic self-
19764sufficiency.
19765     e.  There must be a single point of entry and unified
19766waiting list. As used in this sub-subparagraph, the term "single
19767point of entry" means an integrated information system that
19768allows a parent to enroll his or her child in the school
19769readiness program at various locations throughout a county, that
19770may allow a parent to enroll his or her child by telephone or
19771through an Internet website, and that uses a unified waiting
19772list to track eligible children waiting for enrollment in the
19773school readiness program. The Department of Economic Opportunity
19774Agency for Workforce Innovation shall establish through
19775technology a single statewide information system that each
19776coalition must use for the purposes of managing the single point
19777of entry, tracking children's progress, coordinating services
19778among stakeholders, determining eligibility, tracking child
19779attendance, and streamlining administrative processes for
19780providers and early learning coalitions.
19781     f.  The Department of Economic Opportunity Agency for
19782Workforce Innovation must consider the access of eligible
19783children to the school readiness program, as demonstrated in
19784part by waiting lists, before approving a proposed increase in
19785payment rates submitted by an early learning coalition. In
19786addition, early learning coalitions shall use school readiness
19787funds made available due to enrollment shifts from school
19788readiness programs to the Voluntary Prekindergarten Education
19789Program for increasing the number of children served in school
19790readiness programs before increasing payment rates.
19791     g.  The program must meet all state licensing guidelines,
19792where applicable.
19793     h.  The program must ensure that minimum standards for
19794child discipline practices are age-appropriate. Such standards
19795must provide that children not be subjected to discipline that
19796is severe, humiliating, or frightening or discipline that is
19797associated with food, rest, or toileting. Spanking or any other
19798form of physical punishment is prohibited.
19799     2.  Each early learning coalition must implement a
19800comprehensive program of school readiness services in accordance
19801with the rules adopted by the department agency which enhance
19802the cognitive, social, and physical development of children to
19803achieve the performance standards and outcome measures. At a
19804minimum, these programs must contain the following system
19805support service elements:
19806     a.  Developmentally appropriate curriculum designed to
19807enhance the age-appropriate progress of children in attaining
19808the performance standards adopted by the Department of Economic
19809Opportunity Agency for Workforce Innovation under subparagraph
19810(4)(d)8.
19811     b.  A character development program to develop basic
19812values.
19813     c.  An age-appropriate screening of each child's
19814development.
19815     d.  An age-appropriate assessment administered to children
19816when they enter a program and an age-appropriate assessment
19817administered to children when they leave the program.
19818     e.  An appropriate staff-to-children ratio, pursuant to s.
19819402.305(4) or s. 402.302(7) or (8), as applicable, and as
19820verified pursuant to s. 402.311.
19821     f.  A healthy and safe environment pursuant to s.
19822401.305(5), (6), and (7), as applicable, and as verified
19823pursuant to s. 402.311.
19824     g.  A resource and referral network established under s.
19825411.0101 to assist parents in making an informed choice and a
19826regional Warm-Line under s. 411.01015.
19827
19828The Department of Economic Opportunity Agency for Workforce
19829Innovation, the Department of Education, and early learning
19830coalitions shall coordinate with the Child Care Services Program
19831Office of the Department of Children and Family Services to
19832minimize duplicating interagency activities pertaining to
19833acquiring and composing data for child care training and
19834credentialing.
19835     (d)  Implementation.-
19836     1.  An early learning coalition may not implement the
19837school readiness program until the coalition's school readiness
19838plan is approved by the Department of Economic Opportunity
19839Agency for Workforce Innovation.
19840     2.  Each early learning coalition shall coordinate with one
19841another to implement a comprehensive program of school readiness
19842services which enhances the cognitive, social, physical, and
19843moral character of the children to achieve the performance
19844standards and outcome measures and which helps families achieve
19845economic self-sufficiency. Such program must contain, at a
19846minimum, the following elements:
19847     a.  Implement the school readiness program to meet the
19848requirements of this section and the system support services,
19849performance standards, and outcome measures adopted by the
19850Department of Economic Opportunity Agency for Workforce
19851Innovation.
19852     b.   Demonstrate how the program will ensure that each
19853child from birth through 5 years of age in a publicly funded
19854school readiness program receives scheduled activities and
19855instruction designed to enhance the age-appropriate progress of
19856the children in attaining the performance standards adopted by
19857the department agency under subparagraph (4)(d)8.
19858     c.  Ensure that the coalition has solicited and considered
19859comments regarding the proposed school readiness plan from the
19860local community.
19861
19862Before implementing the school readiness program, the early
19863learning coalition must submit the plan to the department agency
19864for approval. The department agency may approve the plan, reject
19865the plan, or approve the plan with conditions. The department
19866agency shall review school readiness plans at least every 2
19867years.
19868     3.  If the Department of Economic Opportunity Agency for
19869Workforce Innovation determines during the review of school
19870readiness plans, or through monitoring and performance
19871evaluations conducted under paragraph (4)(l), that an early
19872learning coalition has not substantially implemented its plan,
19873has not substantially met the performance standards and outcome
19874measures adopted by the department agency, or has not
19875effectively administered the school readiness program or
19876Voluntary Prekindergarten Education Program, the department
19877agency may dissolve the coalition and temporarily contract with
19878a qualified entity to continue school readiness and
19879prekindergarten services in the coalition's county or
19880multicounty region until the department agency reestablishes the
19881coalition and a new school readiness plan is approved in
19882accordance with the rules adopted by the department agency.
19883     4.  The Department of Economic Opportunity Agency for
19884Workforce Innovation shall adopt rules establishing criteria for
19885the approval of school readiness plans. The criteria must be
19886consistent with the system support services, performance
19887standards, and outcome measures adopted by the department agency
19888and must require each approved plan to include the following
19889minimum standards for the school readiness program:
19890     a.  A community plan that addresses the needs of all
19891children and providers within the coalition's county or
19892multicounty region.
19893     b.  A sliding fee scale establishing a copayment for
19894parents based upon their ability to pay, which is the same for
19895all program providers.
19896     c.  A choice of settings and locations in licensed,
19897registered, religious-exempt, or school-based programs to be
19898provided to parents.
19899     d.  Specific eligibility priorities for children in
19900accordance with subsection (6).
19901     e.  Performance standards and outcome measures adopted by
19902the department agency.
19903     f.  Payment rates adopted by the early learning coalitions
19904and approved by the department agency. Payment rates may not
19905have the effect of limiting parental choice or creating
19906standards or levels of services that have not been expressly
19907established by the Legislature, unless the creation of such
19908standards or levels of service, which must be uniform throughout
19909the state, has been approved by the Federal Government and
19910result in the state being eligible to receive additional federal
19911funds available for early learning on a statewide basis.
19912     g.  Direct enhancement services for families and children.
19913System support and direct enhancement services shall be in
19914addition to payments for the placement of children in school
19915readiness programs. Direct enhancement services for families may
19916include parent training and involvement activities and
19917strategies to meet the needs of unique populations and local
19918eligibility priorities. Enhancement services for children may
19919include provider supports and professional development approved
19920in the plan by the Department of Economic Opportunity Agency for
19921Workforce Innovation.
19922     h.  The business organization of the early learning
19923coalition, which must include the coalition's articles of
19924incorporation and bylaws if the coalition is organized as a
19925corporation. If the coalition is not organized as a corporation
19926or other business entity, the plan must include the contract
19927with a fiscal agent. An early learning coalition may contract
19928with other coalitions to achieve efficiency in multicounty
19929services, and these contracts may be part of the coalition's
19930school readiness plan.
19931     i.  The implementation of locally developed quality
19932programs in accordance with the requirements adopted by the
19933department agency under subparagraph (4)(d)5.
19934
19935The Department of Economic Opportunity Agency for Workforce
19936Innovation may request the Governor to apply for a waiver to
19937allow the coalition to administer the Head Start Program to
19938accomplish the purposes of the school readiness program.
19939     5.  Persons with an early childhood teaching certificate
19940may provide support and supervision to other staff in the school
19941readiness program.
19942     6.  An early learning coalition may not implement its
19943school readiness plan until it submits the plan to and receives
19944approval from the Department of Economic Opportunity Agency for
19945Workforce Innovation. Once the plan is approved, the plan and
19946the services provided under the plan shall be controlled by the
19947early learning coalition. The plan shall be reviewed and revised
19948as necessary, but at least biennially. An early learning
19949coalition may not implement the revisions until the coalition
19950submits the revised plan to and receives approval from the
19951department agency. If the department agency rejects a revised
19952plan, the coalition must continue to operate under its prior
19953approved plan.
19954     7.  Section 125.901(2)(a)3. does not apply to school
19955readiness programs. The Department of Economic Opportunity
19956Agency for Workforce Innovation may apply to the Governor and
19957Cabinet for a waiver of, and the Governor and Cabinet may waive,
19958any of the provisions of ss. 411.223 and 1003.54, if the waiver
19959is necessary for implementation of school readiness programs.
19960     8.  Two or more early learning coalitions may join for
19961purposes of planning and implementing a school readiness
19962program.
19963     (e)  Requests for proposals; payment schedule.-
19964     1.  Each early learning coalition must comply with the
19965procurement and expenditure procedures adopted by the Department
19966of Economic Opportunity Agency for Workforce Innovation,
19967including, but not limited to, applying the procurement and
19968expenditure procedures required by federal law for the
19969expenditure of federal funds.
19970     2.  Each early learning coalition shall adopt a payment
19971schedule that encompasses all programs funded under this
19972section. The payment schedule must take into consideration the
19973prevailing market rate, must include the projected number of
19974children to be served, and must be submitted for approval by the
19975Department of Economic Opportunity Agency for Workforce
19976Innovation. Informal child care arrangements shall be reimbursed
19977at not more than 50 percent of the rate adopted for a family day
19978care home.
19979     (f)  Evaluation and annual report.-Each early learning
19980coalition shall conduct an evaluation of its implementation of
19981the school readiness program, including system support services,
19982performance standards, and outcome measures, and shall provide
19983an annual report and fiscal statement to the Department of
19984Economic Opportunity Agency for Workforce Innovation. This
19985report must also include an evaluation of the effectiveness of
19986its direct enhancement services and conform to the content and
19987format specifications adopted by the Department of Economic
19988Opportunity Agency for Workforce Innovation. The Department of
19989Economic Opportunity Agency for Workforce Innovation must
19990include an analysis of the early learning coalitions' reports in
19991the department's agency's annual report.
19992     (7)  PARENTAL CHOICE.-
19993     (e)  The office of the Chief Financial Officer shall
19994establish an electronic transfer system for the disbursement of
19995funds in accordance with this subsection. Each early learning
19996coalition shall fully implement the electronic funds transfer
19997system within 2 years after approval of the coalition's school
19998readiness plan, unless a waiver is obtained from the Department
19999of Economic Opportunity Agency for Workforce Innovation.
20000     (8)  STANDARDS; OUTCOME MEASURES.-A program provider
20001participating in the school readiness program must meet the
20002performance standards and outcome measures adopted by the
20003Department of Economic Opportunity Agency for Workforce
20004Innovation.
20005     (9)  FUNDING; SCHOOL READINESS PROGRAM.-
20006     (b)1.  The Department of Economic Opportunity Agency for
20007Workforce Innovation shall administer school readiness funds,
20008plans, and policies and shall prepare and submit a unified
20009budget request for the school readiness system in accordance
20010with chapter 216.
20011     2.  All instructions to early learning coalitions for
20012administering this section shall emanate from the Department of
20013Economic Opportunity Agency for Workforce Innovation in
20014accordance with the policies of the Legislature.
20015     (c)  The Department of Economic Opportunity Agency for
20016Workforce Innovation, subject to legislative notice and review
20017under s. 216.177, shall establish a formula for the allocation
20018of all state and federal school readiness funds provided for
20019children participating in the school readiness program, whether
20020served by a public or private provider, based upon equity for
20021each county. The allocation formula must be submitted to the
20022Governor, the chair of the Senate Ways and Means Committee or
20023its successor, and the chair of the House of Representatives
20024Fiscal Council or its successor no later than January 1 of each
20025year. If the Legislature specifies changes to the allocation
20026formula, the Department of Economic Opportunity Agency for
20027Workforce Innovation shall allocate funds as specified in the
20028General Appropriations Act.
20029     (d)  All state, federal, and required local maintenance-of-
20030effort or matching funds provided to an early learning coalition
20031for purposes of this section shall be used for implementation of
20032its approved school readiness plan, including the hiring of
20033staff to effectively operate the coalition's school readiness
20034program. As part of plan approval and periodic plan review, the
20035Department of Economic Opportunity Agency for Workforce
20036Innovation shall require that administrative costs be kept to
20037the minimum necessary for efficient and effective administration
20038of the school readiness plan, but total administrative
20039expenditures must not exceed 5 percent unless specifically
20040waived by the Department of Economic Opportunity Agency for
20041Workforce Innovation. The Department of Economic Opportunity
20042Agency for Workforce Innovation shall annually report to the
20043Legislature any problems relating to administrative costs.
20044     (e)  The Department of Economic Opportunity Agency for
20045Workforce Innovation shall annually distribute, to a maximum
20046extent practicable, all eligible funds provided under this
20047section as block grants to the early learning coalitions in
20048accordance with the terms and conditions specified by the
20049department agency.
20050     Section 453.  Subsections (1) and (2), paragraph (a) of
20051subsection (3), and subsection (4) of section 411.0101, Florida
20052Statutes, are amended to read:
20053     411.0101  Child care and early childhood resource and
20054referral.-
20055     (1)  As a part of the school readiness programs, the
20056Department of Economic Opportunity Agency for Workforce
20057Innovation shall establish a statewide child care resource and
20058referral network that is unbiased and provides referrals to
20059families for child care. Preference shall be given to using the
20060already established early learning coalitions as the child care
20061resource and referral agencies. If an early learning coalition
20062cannot comply with the requirements to offer the resource
20063information component or does not want to offer that service,
20064the early learning coalition shall select the resource and
20065referral agency for its county or multicounty region based upon
20066a request for proposal pursuant to s. 411.01(5)(e)1.
20067     (2)  At least one child care resource and referral agency
20068must be established in each early learning coalition's county or
20069multicounty region. The Department of Economic Opportunity
20070Agency for Workforce Innovation shall adopt rules regarding
20071accessibility of child care resource and referral services
20072offered through child care resource and referral agencies in
20073each county or multicounty region which include, at a minimum,
20074required hours of operation, methods by which parents may
20075request services, and child care resource and referral staff
20076training requirements.
20077     (3)  Child care resource and referral agencies shall
20078provide the following services:
20079     (a)  Identification of existing public and private child
20080care and early childhood education services, including child
20081care services by public and private employers, and the
20082development of a resource file of those services through the
20083single statewide information system developed by the Department
20084of Economic Opportunity Agency for Workforce Innovation under s.
20085411.01(5)(c)1.e. These services may include family day care,
20086public and private child care programs, the Voluntary
20087Prekindergarten Education Program, Head Start, the school
20088readiness program, special education programs for
20089prekindergarten children with disabilities, services for
20090children with developmental disabilities, full-time and part-
20091time programs, before-school and after-school programs, vacation
20092care programs, parent education, the Temporary Cash Assistance
20093Program, and related family support services. The resource file
20094shall include, but not be limited to:
20095     1.  Type of program.
20096     2.  Hours of service.
20097     3.  Ages of children served.
20098     4.  Number of children served.
20099     5.  Significant program information.
20100     6.  Fees and eligibility for services.
20101     7.  Availability of transportation.
20102     (4)  The Department of Economic Opportunity Agency for
20103Workforce Innovation shall adopt any rules necessary for the
20104implementation and administration of this section.
20105     Section 454.  Subsections (2), (6), and (7) of section
20106411.01013, Florida Statutes, are amended to read:
20107     411.01013  Prevailing market rate schedule.-
20108     (2)  The Department of Economic Opportunity Agency for
20109Workforce Innovation shall establish procedures for the adoption
20110of a prevailing market rate schedule. The schedule must include,
20111at a minimum, county-by-county rates:
20112     (a)  At the prevailing market rate, plus the maximum rate,
20113for child care providers that hold a Gold Seal Quality Care
20114designation under s. 402.281.
20115     (b)  At the prevailing market rate for child care providers
20116that do not hold a Gold Seal Quality Care designation.
20117     (6)  The Department of Economic Opportunity Agency for
20118Workforce Innovation may contract with one or more qualified
20119entities to administer this section and provide support and
20120technical assistance for child care providers.
20121     (7)  The Department of Economic Opportunity Agency for
20122Workforce Innovation may adopt rules pursuant to ss. 120.536(1)
20123and 120.54 for establishing procedures for the collection of
20124child care providers' market rate, the calculation of a
20125reasonable frequency distribution of the market rate, and the
20126publication of a prevailing market rate schedule.
20127     Section 455.  Subsection (1) of section 411.01014, Florida
20128Statutes, is amended to read:
20129     411.01014  School readiness transportation services.-
20130     (1)  The Department of Economic Opportunity Agency for
20131Workforce Innovation, pursuant to chapter 427, may authorize an
20132early learning coalition to establish school readiness
20133transportation services for children at risk of abuse or neglect
20134participating in the school readiness program. The early
20135learning coalitions may contract for the provision of
20136transportation services as required by this section.
20137     Section 456.  Subsections (1), (3), and (4) of section
20138411.01015, Florida Statutes, are amended to read:
20139     411.01015  Consultation to child care centers and family
20140day care homes regarding health, developmental, disability, and
20141special needs issues.-
20142     (1)  Contingent upon specific appropriations, the
20143Department of Economic Opportunity Agency for Workforce
20144Innovation shall administer a statewide toll-free Warm-Line for
20145the purpose of providing assistance and consultation to child
20146care centers and family day care homes regarding health,
20147developmental, disability, and special needs issues of the
20148children they are serving, particularly children with
20149disabilities and other special needs.
20150     (3)  The Department of Economic Opportunity Agency for
20151Workforce Innovation shall annually inform child care centers
20152and family day care homes of the availability of this service
20153through the child care resource and referral network under s.
20154411.0101.
20155     (4)  Contingent upon specific appropriations, the
20156Department of Economic Opportunity Agency for Workforce
20157Innovation shall expand, or contract for the expansion of, the
20158Warm-Line to maintain at least one Warm-Line site in each early
20159learning coalition service area.
20160     Section 457.  Paragraphs (4), (5), and (6) of section
20161411.0102, Florida Statutes, are amended to read:
20162     411.0102  Child Care Executive Partnership Act; findings
20163and intent; grant; limitation; rules.-
20164     (4)  The Child Care Executive Partnership, staffed by the
20165Department of Economic Opportunity Agency for Workforce
20166Innovation, shall consist of a representative of the Executive
20167Office of the Governor and nine members of the corporate or
20168child care community, appointed by the Governor.
20169     (a)  Members shall serve for a period of 4 years, except
20170that the representative of the Executive Office of the Governor
20171shall serve at the pleasure of the Governor.
20172     (b)  The Child Care Executive Partnership shall be chaired
20173by a member chosen by a majority vote and shall meet at least
20174quarterly and at other times upon the call of the chair. The
20175Child Care Executive Partnership may use any method of
20176telecommunications to conduct meetings, including establishing a
20177quorum through telecommunications, only if the public is given
20178proper notice of a telecommunications meeting and reasonable
20179access to observe and, when appropriate, participate.
20180     (c)  Members shall serve without compensation, but may be
20181reimbursed for per diem and travel expenses in accordance with
20182s. 112.061.
20183     (d)  The Child Care Executive Partnership shall have all
20184the powers and authority, not explicitly prohibited by statute,
20185necessary to carry out and effectuate the purposes of this
20186section, as well as the functions, duties, and responsibilities
20187of the partnership, including, but not limited to, the
20188following:
20189     1.  Assisting in the formulation and coordination of the
20190state's child care policy.
20191     2.  Adopting an official seal.
20192     3.  Soliciting, accepting, receiving, investing, and
20193expending funds from public or private sources.
20194     4.  Contracting with public or private entities as
20195necessary.
20196     5.  Approving an annual budget.
20197     6.  Carrying forward any unexpended state appropriations
20198into succeeding fiscal years.
20199     7.  Providing a report to the Governor, the Speaker of the
20200House of Representatives, and the President of the Senate, on or
20201before December 1 of each year.
20202     (5)(a)  The Legislature shall annually determine the amount
20203of state or federal low-income child care moneys which shall be
20204used to create Child Care Executive Partnership Program child
20205care purchasing pools in counties chosen by the Child Care
20206Executive Partnership, provided that at least two of the
20207counties have populations of no more than 300,000. The
20208Legislature shall annually review the effectiveness of the child
20209care purchasing pool program and reevaluate the percentage of
20210additional state or federal funds, if any, that can be used for
20211the program's expansion.
20212     (b)  To ensure a seamless service delivery and ease of
20213access for families, an early learning coalition or the
20214Department of Economic Opportunity Agency for Workforce
20215Innovation shall administer the child care purchasing pool
20216funds.
20217     (c)  The Department of Economic Opportunity Agency for
20218Workforce Innovation, in conjunction with the Child Care
20219Executive Partnership, shall develop procedures for disbursement
20220of funds through the child care purchasing pools. In order to be
20221considered for funding, an early learning coalition or the
20222Department of Economic Opportunity Agency for Workforce
20223Innovation must commit to:
20224     1.  Matching the state purchasing pool funds on a dollar-
20225for-dollar basis; and
20226     2.  Expending only those public funds which are matched by
20227employers, local government, and other matching contributors who
20228contribute to the purchasing pool. Parents shall also pay a fee,
20229which may not be less than the amount identified in the early
20230learning coalition's school readiness program sliding fee scale.
20231     (d)  Each early learning coalition shall establish a
20232community child care task force for each child care purchasing
20233pool. The task force must be composed of employers, parents,
20234private child care providers, and one representative from the
20235local children's services council, if one exists in the area of
20236the purchasing pool. The early learning coalition is expected to
20237recruit the task force members from existing child care
20238councils, commissions, or task forces already operating in the
20239area of a purchasing pool. A majority of the task force shall
20240consist of employers.
20241     (e)  Each participating early learning coalition board
20242shall develop a plan for the use of child care purchasing pool
20243funds. The plan must show how many children will be served by
20244the purchasing pool, how many will be new to receiving child
20245care services, and how the early learning coalition intends to
20246attract new employers and their employees to the program.
20247     (6)  The Department of Economic Opportunity Agency for
20248Workforce Innovation shall adopt any rules necessary for the
20249implementation and administration of this section.
20250     Section 458.  Subsections (2) and (3) of section 411.0103,
20251Florida Statutes, are amended to read:
20252     411.0103  Teacher Education and Compensation Helps (TEACH)
20253scholarship program.-
20254     (2)  The Department of Economic Opportunity Agency for
20255Workforce Innovation may contract for the administration of the
20256Teacher Education and Compensation Helps (TEACH) scholarship
20257program, which provides educational scholarships to caregivers
20258and administrators of early childhood programs, family day care
20259homes, and large family child care homes.
20260     (3)  The department agency shall adopt rules under ss.
20261120.536(1) and 120.54 as necessary to administer this section.
20262     Section 459.  Subsections (1) and (3) of section 411.0104,
20263Florida Statutes, are amended to read:
20264     411.0104  Early Head Start collaboration grants.-
20265     (1)  Contingent upon specific appropriations, the
20266Department of Economic Opportunity Agency for Workforce
20267Innovation shall establish a program to award collaboration
20268grants to assist local agencies in securing Early Head Start
20269programs through Early Head Start program federal grants. The
20270collaboration grants shall provide the required matching funds
20271for public and private nonprofit agencies that have been
20272approved for Early Head Start program federal grants.
20273     (3)  The Department of Economic Opportunity Agency for
20274Workforce Innovation may adopt rules under ss. 120.536(1) and
20275120.54 as necessary for the award of collaboration grants to
20276competing agencies and the administration of the collaboration
20277grants program under this section.
20278     Section 460.  Section 411.0105, Florida Statutes, is
20279amended to read:
20280     411.0105  Early Learning Opportunities Act and Even Start
20281Family Literacy Programs; lead agency.-For purposes of
20282administration of the Early Learning Opportunities Act and the
20283Even Start Family Literacy Programs, pursuant to Pub. L. No.
20284106-554, the Department of Economic Opportunity Agency for
20285Workforce Innovation is designated as the lead agency and must
20286comply with lead agency responsibilities pursuant to federal
20287law.
20288     Section 461.  Section 411.0106, Florida Statutes, is
20289amended to read:
20290     411.0106  Infants and toddlers in state-funded education
20291and care programs; brain development activities.-Each state-
20292funded education and care program for children from birth to 5
20293years of age must provide activities to foster brain development
20294in infants and toddlers. A program must provide an environment
20295that helps children attain the performance standards adopted by
20296the Department of Economic Opportunity Agency for Workforce
20297Innovation under s. 411.01(4)(d)8. and must be rich in language
20298and music and filled with objects of various colors, shapes,
20299textures, and sizes to stimulate visual, tactile, auditory, and
20300linguistic senses in the children and must include classical
20301music and at least 30 minutes of reading to the children each
20302day. A program may be offered through an existing early
20303childhood program such as Healthy Start, the Title I program,
20304the school readiness program, the Head Start program, or a
20305private child care program. A program must provide training for
20306the infants' and toddlers' parents including direct dialogue and
20307interaction between teachers and parents demonstrating the
20308urgency of brain development in the first year of a child's
20309life. Family day care centers are encouraged, but not required,
20310to comply with this section.
20311     Section 462.  Subsection (1) and paragraph (g) of
20312subsection (3) of section 411.011, Florida Statutes, are amended
20313to read:
20314     411.011  Records of children in school readiness programs.-
20315     (1)  The individual records of children enrolled in school
20316readiness programs provided under s. 411.01, held by an early
20317learning coalition or the Department of Economic Opportunity
20318Agency for Workforce Innovation, are confidential and exempt
20319from s. 119.07(1) and s. 24(a), Art. I of the State
20320Constitution. For purposes of this section, records include
20321assessment data, health data, records of teacher observations,
20322and personal identifying information.
20323     (3)  School readiness records may be released to:
20324     (g)  Parties to an interagency agreement among early
20325learning coalitions, local governmental agencies, providers of
20326school readiness programs, state agencies, and the Department of
20327Economic Opportunity Agency for Workforce Innovation for the
20328purpose of implementing the school readiness program.
20329
20330Agencies, organizations, or individuals that receive school
20331readiness records in order to carry out their official functions
20332must protect the data in a manner that does not permit the
20333personal identification of a child enrolled in a school
20334readiness program and his or her parents by persons other than
20335those authorized to receive the records.
20336     Section 463.  Paragraph (e) of subsection (2) of section
20337411.226, Florida Statutes, is amended to read:
20338     411.226  Learning Gateway.-
20339     (2)  LEARNING GATEWAY STEERING COMMITTEE.-
20340     (e)  To support and facilitate system improvements, the
20341steering committee must consult with representatives from the
20342Department of Education, the Department of Health, the
20343Department of Economic Opportunity Agency for Workforce
20344Innovation, the Department of Children and Family Services, the
20345Agency for Health Care Administration, the Department of
20346Juvenile Justice, and the Department of Corrections and with the
20347director of the Learning Development and Evaluation Center of
20348Florida Agricultural and Mechanical University.
20349     Section 464.  Paragraph (d) of subsection (1), paragraph
20350(a) of subsection (2), and paragraph (c) of subsection (3) of
20351section 411.227, Florida Statutes, are amended to read:
20352     411.227  Components of the Learning Gateway.-The Learning
20353Gateway system consists of the following components:
20354     (1)  COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED
20355ACCESS.-
20356     (d)  In collaboration with other local resources, the
20357demonstration projects shall develop public awareness strategies
20358to disseminate information about developmental milestones,
20359precursors of learning problems and other developmental delays,
20360and the service system that is available. The information should
20361target parents of children from birth through age 9 and should
20362be distributed to parents, health care providers, and caregivers
20363of children from birth through age 9. A variety of media should
20364be used as appropriate, such as print, television, radio, and a
20365community-based Internet website, as well as opportunities such
20366as those presented by parent visits to physicians for well-child
20367checkups. The Learning Gateway Steering Committee shall provide
20368technical assistance to the local demonstration projects in
20369developing and distributing educational materials and
20370information.
20371     1.  Public awareness strategies targeting parents of
20372children from birth through age 5 shall be designed to provide
20373information to public and private preschool programs, child care
20374providers, pediatricians, parents, and local businesses and
20375organizations. These strategies should include information on
20376the school readiness performance standards adopted by the
20377Department of Economic Opportunity Agency for Workforce
20378Innovation.
20379     2.  Public awareness strategies targeting parents of
20380children from ages 6 through 9 must be designed to disseminate
20381training materials and brochures to parents and public and
20382private school personnel, and must be coordinated with the local
20383school board and the appropriate school advisory committees in
20384the demonstration projects. The materials should contain
20385information on state and district proficiency levels for grades
20386K-3.
20387     (2)  SCREENING AND DEVELOPMENTAL MONITORING.-
20388     (a)  In coordination with the Department of Economic
20389Opportunity Agency for Workforce Innovation, the Department of
20390Education, and the Florida Pediatric Society, and using
20391information learned from the local demonstration projects, the
20392Learning Gateway Steering Committee shall establish guidelines
20393for screening children from birth through age 9. The guidelines
20394should incorporate recent research on the indicators most likely
20395to predict early learning problems, mild developmental delays,
20396child-specific precursors of school failure, and other related
20397developmental indicators in the domains of cognition;
20398communication; attention; perception; behavior; and social,
20399emotional, sensory, and motor functioning.
20400     (3)  EARLY EDUCATION, SERVICES AND SUPPORTS.-
20401     (c)  The steering committee, in cooperation with the
20402Department of Children and Family Services, the Department of
20403Education, and the Department of Economic Opportunity Agency for
20404Workforce Innovation, shall identify the elements of an
20405effective research-based curriculum for early care and education
20406programs.
20407     Section 465.  Section 414.24, Florida Statutes, is amended
20408to read:
20409     414.24  Integrated welfare reform and child welfare
20410services.-The department shall develop integrated service
20411delivery strategies to better meet the needs of families subject
20412to work activity requirements who are involved in the child
20413welfare system or are at high risk of involvement in the child
20414welfare system. To the extent that resources are available, the
20415department and the Department of Economic Opportunity the
20416Department of Labor and Employment Security shall provide funds
20417to one or more service districts to promote development of
20418integrated, nonduplicative case management within the
20419department, the Department of Economic Opportunity the
20420Department of Labor and Employment Security, other participating
20421government agencies, and community partners. Alternative
20422delivery systems shall be encouraged which include well-defined,
20423pertinent outcome measures. Other factors to be considered shall
20424include innovation regarding training, enhancement of existing
20425resources, and increased private sector and business sector
20426participation.
20427     Section 466.  Subsection (1) of section 414.295, Florida
20428Statutes, is amended to read:
20429     414.295  Temporary cash assistance programs; public records
20430exemption.-
20431     (1)  Personal identifying information of a temporary cash
20432assistance program participant, a participant's family, or a
20433participant's family or household member, except for information
20434identifying a parent who does not live in the same home as the
20435child, held by the department, the Department of Economic
20436Opportunity the Agency for Workforce Innovation, Workforce
20437Florida, Inc., the Department of Health, the Department of
20438Revenue, the Department of Education, or a regional workforce
20439board or local committee created pursuant to s. 445.007 is
20440confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
20441of the State Constitution. Such confidential and exempt
20442information may be released for purposes directly connected
20443with:
20444     (a)  The administration of the temporary assistance for
20445needy families plan under Title IV-A of the Social Security Act,
20446as amended, by the department, the Department of Economic
20447Opportunity the Agency for Workforce Innovation, Workforce
20448Florida, Inc., the Department of Military Affairs, the
20449Department of Health, the Department of Revenue, the Department
20450of Education, a regional workforce board or local committee
20451created pursuant to s. 445.007, or a school district.
20452     (b)  The administration of the state's plan or program
20453approved under Title IV-B, Title IV-D, or Title IV-E of the
20454Social Security Act, as amended, or under Title I, Title X,
20455Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
20456Social Security Act, as amended.
20457     (c)  Any investigation, prosecution, or any criminal,
20458civil, or administrative proceeding conducted in connection with
20459the administration of any of the plans or programs specified in
20460paragraph (a) or paragraph (b) by a federal, state, or local
20461governmental entity, upon request by that entity, when such
20462request is made pursuant to the proper exercise of that entity's
20463duties and responsibilities.
20464     (d)  The administration of any other state, federal, or
20465federally assisted program that provides assistance or services
20466on the basis of need, in cash or in kind, directly to a
20467participant.
20468     (e)  Any audit or similar activity, such as a review of
20469expenditure reports or financial review, conducted in connection
20470with the administration of any of the plans or programs
20471specified in paragraph (a) or paragraph (b) by a governmental
20472entity authorized by law to conduct such audit or activity.
20473     (f)  The administration of the unemployment compensation
20474program.
20475     (g)  The reporting to the appropriate agency or official of
20476information about known or suspected instances of physical or
20477mental injury, sexual abuse or exploitation, or negligent
20478treatment or maltreatment of a child or elderly person receiving
20479assistance, if circumstances indicate that the health or welfare
20480of the child or elderly person is threatened.
20481     (h)  The administration of services to elderly persons
20482under ss. 430.601-430.606.
20483     Section 467.  Subsections (1) and (3) of section 414.411,
20484Florida Statutes, are amended to read:
20485     414.411  Public assistance fraud.-
20486     (1)  The Department of Financial Services shall investigate
20487all public assistance provided to residents of the state or
20488provided to others by the state. In the course of such
20489investigation the department shall examine all records,
20490including electronic benefits transfer records and make inquiry
20491of all persons who may have knowledge as to any irregularity
20492incidental to the disbursement of public moneys, food
20493assistance, or other items or benefits authorizations to
20494recipients. All public assistance recipients, as a condition
20495precedent to qualification for public assistance under chapter
20496409, chapter 411, or this chapter, must first give in writing,
20497to the Agency for Health Care Administration, the Department of
20498Health, the Department of Economic Opportunity the Agency for
20499Workforce Innovation, and the Department of Children and Family
20500Services, as appropriate, and to the Department of Financial
20501Services, consent to make inquiry of past or present employers
20502and records, financial or otherwise.
20503     (3)  The results of such investigation shall be reported by
20504the Department of Financial Services to the appropriate
20505legislative committees, the Agency for Health Care
20506Administration, the Department of Health, the Department of
20507Economic Opportunity the Agency for Workforce Innovation, and
20508the Department of Children and Family Services, and to such
20509others as the department may determine.
20510     Section 468.  Paragraph (g) of subsection (1) of section
20511427.012, Florida Statutes, is amended to read:
20512     427.012  The Commission for the Transportation
20513Disadvantaged.-There is created the Commission for the
20514Transportation Disadvantaged in the Department of
20515Transportation.
20516     (1)  The commission shall consist of seven members, all of
20517whom shall be appointed by the Governor, in accordance with the
20518requirements of s. 20.052.
20519     (g)  The Secretary of Transportation, the Secretary of
20520Children and Family Services, the Commissioner of Economic
20521Opportunity director of Workforce Innovation, the executive
20522director of the Department of Veterans' Affairs, the Secretary
20523of Elderly Affairs, the Secretary of Health Care Administration,
20524the director of the Agency for Persons with Disabilities, and a
20525county manager or administrator who is appointed by the
20526Governor, or a senior management level representative of each,
20527shall serve as ex officio, nonvoting advisors to the commission.
20528     Section 469.  Paragraph (b) of subsection (2) of section
20529429.907, Florida Statutes, is amended to read:
20530     429.907  License requirement; fee; exemption; display.-
20531     (2)
20532     (b)  If In the event a licensed center becomes wholly or
20533substantially unusable due to a disaster as defined in s.
20534252.34(1) or due to an emergency as those terms are defined in
20535s. 252.34(3):
20536     1.  The licensee may continue to operate under its current
20537license in a premise or premises separate from that authorized
20538under the license if the licensee has:
20539     a.  Specified the location of the premise or premises in
20540its comprehensive emergency management plan submitted to and
20541approved by the applicable county emergency management
20542authority; and
20543     b.  Notified the agency and the county emergency management
20544authority within 24 hours of operating in the separate premise
20545or premises.
20546     2.  The licensee shall operate the separate premise or
20547premises only while the licensed center's original location is
20548substantially unusable and for up to no longer than 180 days.
20549The agency may extend use of the alternate premise or premises
20550beyond the initial 180 days. The agency may also review the
20551operation of the disaster premise or premises quarterly.
20552     Section 470.  Subsection (2) of section 440.12, Florida
20553Statutes, is amended to read:
20554     440.12  Time for commencement and limits on weekly rate of
20555compensation.-
20556     (2)  Compensation for disability resulting from injuries
20557which occur after December 31, 1974, shall not be less than $20
20558per week. However, if the employee's wages at the time of injury
20559are less than $20 per week, he or she shall receive his or her
20560full weekly wages. If the employee's wages at the time of the
20561injury exceed $20 per week, compensation shall not exceed an
20562amount per week which is:
20563     (a)  Equal to 100 percent of the statewide average weekly
20564wage, determined as hereinafter provided for the year in which
20565the injury occurred; however, the increase to 100 percent from
2056666 2/3 percent of the statewide average weekly wage shall apply
20567only to injuries occurring on or after August 1, 1979; and
20568     (b)  Adjusted to the nearest dollar.
20569
20570For the purpose of this subsection, the "statewide average
20571weekly wage" means the average weekly wage paid by employers
20572subject to the Florida Unemployment Compensation Law as reported
20573to the Department of Economic Opportunity the Agency for
20574Workforce Innovation for the four calendar quarters ending each
20575June 30, which average weekly wage shall be determined by the
20576Department of Economic Opportunity the Agency for Workforce
20577Innovation on or before November 30 of each year and shall be
20578used in determining the maximum weekly compensation rate with
20579respect to injuries occurring in the calendar year immediately
20580following. The statewide average weekly wage determined by the
20581Department of Economic Opportunity the Agency for Workforce
20582Innovation shall be reported annually to the Legislature.
20583     Section 471.  Paragraph (c) of subsection (9) of section
20584440.15, Florida Statutes, is amended to read:
20585     440.15  Compensation for disability.-Compensation for
20586disability shall be paid to the employee, subject to the limits
20587provided in s. 440.12(2), as follows:
20588     (9)  EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER AND
20589FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE ACT.-
20590     (c)  Disability compensation benefits payable for any week,
20591including those benefits provided by paragraph (1)(f), may not
20592be reduced pursuant to this subsection until the Social Security
20593Administration determines the amount otherwise payable to the
20594employee under 42 U.S.C. ss. 402 and 423 and the employee has
20595begun receiving such social security benefit payments. The
20596employee shall, upon demand by the department, the employer, or
20597the carrier, authorize the Social Security Administration to
20598release disability information relating to her or him and
20599authorize the Department of Economic Opportunity the Agency for
20600Workforce Innovation to release unemployment compensation
20601information relating to her or him, in accordance with rules to
20602be adopted by the department prescribing the procedure and
20603manner for requesting the authorization and for compliance by
20604the employee. The department or the employer or carrier may not
20605make any payment of benefits for total disability or those
20606additional benefits provided by paragraph (1)(f) for any period
20607during which the employee willfully fails or refuses to
20608authorize the release of information in the manner and within
20609the time prescribed by such rules. The authority for release of
20610disability information granted by an employee under this
20611paragraph is effective for a period not to exceed 12 months and
20612such authority may be renewed, as the department prescribes by
20613rule.
20614     Section 472.  Subsections (4) and (7) of section 440.381,
20615Florida Statutes, are amended to read:
20616     440.381  Application for coverage; reporting payroll;
20617payroll audit procedures; penalties.-
20618     (4)  Each employer must submit a copy of the quarterly
20619earnings earning report required by chapter 443 at the end of
20620each quarter to the carrier and submit self-audits supported by
20621the quarterly earnings reports required by chapter 443 and the
20622rules adopted by the Department of Economic Opportunity the
20623Agency for Workforce Innovation or by the Department of Revenue
20624as the state agency providing unemployment tax collection
20625services under an interagency agreement contract with the
20626Department of Economic Opportunity the Agency for Workforce
20627Innovation through an interagency agreement pursuant to s.
20628443.1316. The reports must include a sworn statement by an
20629officer or principal of the employer attesting to the accuracy
20630of the information contained in the report.
20631     (7)  If an employee suffering a compensable injury was not
20632reported as earning wages on the last quarterly earnings report
20633filed with the Department of Economic Opportunity the Agency for
20634Workforce Innovation or the Department of Revenue as the state
20635agency providing unemployment tax collection services under an
20636interagency agreement contract with the Department of Economic
20637Opportunity the Agency for Workforce Innovation through an
20638interagency agreement pursuant to s. 443.1316 before the
20639accident, the employer shall indemnify the carrier for all
20640workers' compensation benefits paid to or on behalf of the
20641employee unless the employer establishes that the employee was
20642hired after the filing of the quarterly report, in which case
20643the employer and employee shall attest to the fact that the
20644employee was employed by the employer at the time of the injury.
20645Failure of the employer to indemnify the insurer within 21 days
20646after demand by the insurer is grounds for the insurer to
20647immediately cancel coverage. Any action for indemnification
20648brought by the carrier is cognizable in the circuit court having
20649jurisdiction where the employer or carrier resides or transacts
20650business. The insurer is entitled to a reasonable attorney's fee
20651if it recovers any portion of the benefits paid in the action.
20652     Section 473.  Subsections (1), (4), and (5) of section
20653443.012, Florida Statutes, are amended to read:
20654     443.012  Unemployment Appeals Commission.-
20655     (1)  There is created within the Department of Economic
20656Opportunity Agency for Workforce Innovation an Unemployment
20657Appeals Commission. The commission is composed of a chair and
20658two other members appointed by the Governor, subject to
20659confirmation by the Senate. Only one appointee may be a
20660representative of employers, as demonstrated by his or her
20661previous vocation, employment, or affiliation; and only one
20662appointee may be a representative of employees, as demonstrated
20663by his or her previous vocation, employment, or affiliation.
20664     (a)  The chair shall devote his or her entire time to
20665commission duties and is responsible for the administrative
20666functions of the commission.
20667     (b)  The chair has authority to appoint a general counsel
20668and other personnel to carry out the duties and responsibilities
20669of the commission.
20670     (c)  The chair must have the qualifications required by law
20671for a judge of the circuit court and may not engage in any other
20672business vocation or employment. Notwithstanding any other law,
20673the chair shall be paid a salary equal to that paid under state
20674law to a judge of the circuit court.
20675     (d)  The remaining members shall be paid a stipend of $100
20676for each day they are engaged in the work of the commission. The
20677chair and other members are entitled to be reimbursed for travel
20678expenses, as provided in s. 112.061.
20679     (e)  The total salary and travel expenses of each member of
20680the commission shall be paid from the Employment Security
20681Administration Trust Fund.
20682     (4)  The property, personnel, and appropriations relating
20683to the specified authority, powers, duties, and responsibilities
20684of the commission shall be provided to the commission by the
20685Department of Economic Opportunity the Agency for Workforce
20686Innovation.
20687     (5)  The commission is not subject to control, supervision,
20688or direction by the Department of Economic Opportunity the
20689Agency for Workforce Innovation in performing its powers or
20690duties under this chapter.
20691     Section 474.  Subsections (16) through (40) of section
20692443.036, Florida Statutes, are renumbered as subsections (17)
20693through (41), respectively, present subsections (9), (18), (41),
20694(43), and (45) are amended, and a new subsection (16) is added
20695to that section, to read:
20696     443.036  Definitions.-As used in this chapter, the term:
20697     (9)  "Benefit year" means, for an individual, the 1-year
20698period beginning with the first day of the first week for which
20699the individual first files a valid claim for benefits and,
20700thereafter, the 1-year period beginning with the first day of
20701the first week for which the individual next files a valid claim
20702for benefits after the termination of his or her last preceding
20703benefit year. Each claim for benefits made in accordance with s.
20704443.151(2) is a valid claim under this subsection if the
20705individual was paid wages for insured work in accordance with s.
20706443.091(1)(g) and is unemployed as defined in subsection (43) at
20707the time of filing the claim. However, the department Agency for
20708Workforce Innovation may adopt rules providing for the
20709establishment of a uniform benefit year for all workers in one
20710or more groups or classes of service or within a particular
20711industry if the department agency determines, after notice to
20712the industry and to the workers in the industry and an
20713opportunity to be heard in the matter, that those groups or
20714classes of workers in a particular industry periodically
20715experience unemployment resulting from layoffs or shutdowns for
20716limited periods of time.
20717     (16)  "Department" means the Department of Economic
20718Opportunity.
20719     (19)(18)  "Employee leasing company" means an employing
20720unit that has a valid and active license under chapter 468 and
20721that maintains the records required by s. 443.171(5) and, in
20722addition, is responsible for producing quarterly reports
20723concerning the clients of the employee leasing company and the
20724internal staff of the employee leasing company. As used in this
20725subsection, the term "client" means a party who has contracted
20726with an employee leasing company to provide a worker, or
20727workers, to perform services for the client. Leased employees
20728include employees subsequently placed on the payroll of the
20729employee leasing company on behalf of the client. An employee
20730leasing company must notify the Department of Revenue tax
20731collection service provider within 30 days after the initiation
20732or termination of the company's relationship with any client
20733company under chapter 468.
20734     (41)  "Tax collection service provider" or "service
20735provider" means the state agency providing unemployment tax
20736collection services under contract with the Agency for Workforce
20737Innovation through an interagency agreement pursuant to s.
20738443.1316.
20739     (43)  "Unemployment" means:
20740     (a)  An individual is "totally unemployed" in any week
20741during which he or she does not perform any services and for
20742which earned income is not payable to him or her. An individual
20743is "partially unemployed" in any week of less than full-time
20744work if the earned income payable to him or her for that week is
20745less than his or her weekly benefit amount. The department The
20746Agency for Workforce Innovation may adopt rules prescribing
20747distinctions in the procedures for unemployed individuals based
20748on total unemployment, part-time unemployment, partial
20749unemployment of individuals attached to their regular jobs, and
20750other forms of short-time work.
20751     (b)  An individual's week of unemployment commences only
20752after his or her registration with the department the Agency for
20753Workforce Innovation as required in s. 443.091, except as the
20754department agency may otherwise prescribe by rule.
20755     (45)  "Week" means a period of 7 consecutive days as
20756defined in the rules of the department the Agency for Workforce
20757Innovation. The department the Agency for Workforce Innovation
20758may by rule prescribe that a week is deemed to be "in,"
20759"within," or "during" the benefit year that contains the greater
20760part of the week.
20761     Section 475.  Subsections (2) and (3) of section 443.041,
20762Florida Statutes, are amended to read:
20763     443.041  Waiver of rights; fees; privileged
20764communications.-
20765     (2)  FEES.-
20766     (a)  Except as otherwise provided in this chapter, an
20767individual claiming benefits may not be charged fees of any kind
20768in any proceeding under this chapter by the commission or the
20769Department of Economic Opportunity the Agency for Workforce
20770Innovation, or their representatives, or by any court or any
20771officer of the court. An individual claiming benefits in any
20772proceeding before the commission or the Department of Economic
20773Opportunity the Agency for Workforce Innovation, or
20774representatives of either, or a court may be represented by
20775counsel or an authorized representative, but the counsel or
20776representative may not charge or receive for those services more
20777than an amount approved by the commission, the Department of
20778Economic Opportunity the Agency for Workforce Innovation, or the
20779court.
20780     (b)  An attorney at law representing a claimant for
20781benefits in any district court of appeal of this state or in the
20782Supreme Court of Florida is entitled to counsel fees payable by
20783the Department of Economic Opportunity the Agency for Workforce
20784Innovation as set by the court if the petition for review or
20785appeal is initiated by the claimant and results in a decision
20786awarding more benefits than provided in the decision from which
20787appeal was taken. The amount of the fee may not exceed 50
20788percent of the total amount of regular benefits permitted under
20789s. 443.111(5)(a) during the benefit year.
20790     (c)  The Department of Economic Opportunity The Agency for
20791Workforce Innovation shall pay attorneys' fees awarded under
20792this section from the Employment Security Administration Trust
20793Fund as part of the costs of administration of this chapter and
20794may pay these fees directly to the attorney for the claimant in
20795a lump sum. The Department of Economic Opportunity The Agency
20796for Workforce Innovation or the commission may not pay any other
20797fees or costs in connection with an appeal.
20798     (d)  Any person, firm, or corporation who or which seeks or
20799receives any remuneration or gratuity for any services rendered
20800on behalf of a claimant, except as allowed by this section and
20801in an amount approved by the Department of Economic Opportunity
20802the Agency for Workforce Innovation, the commission, or a court,
20803commits a misdemeanor of the second degree, punishable as
20804provided in s. 775.082 or s. 775.083.
20805     (3)  PRIVILEGED COMMUNICATIONS.-All letters, reports,
20806communications, or any other matters, either oral or written,
20807between an employer and an employee or between the department
20808Agency for Workforce Innovation or the Department of Revenue its
20809tax collection service provider and any of their agents,
20810representatives, or employees which are written, sent,
20811delivered, or made in connection with this chapter, are
20812privileged and may not be the subject matter or basis for any
20813suit for slander or libel in any court of the state.
20814     Section 476.  Subsection (3) of section 443.051, Florida
20815Statutes, is amended to read:
20816     443.051  Benefits not alienable; exception, child support
20817intercept.-
20818     (3)  EXCEPTION, SUPPORT INTERCEPT.-
20819     (a)  The Department of Revenue shall, at least biweekly,
20820provide the Department of Economic Opportunity the Agency for
20821Workforce Innovation with a magnetic tape or other electronic
20822data file disclosing the individuals who owe support obligations
20823and the amount of any legally required deductions.
20824     (b)  For support obligations established on or after July
208251, 2006, and for support obligations established before July 1,
208262006, when the support order does not address the withholding of
20827unemployment compensation, the Department of Economic
20828Opportunity the Agency for Workforce Innovation shall deduct and
20829withhold 40 percent of the unemployment compensation otherwise
20830payable to an individual disclosed under paragraph (a). If
20831delinquencies, arrearages, or retroactive support are owed and
20832repayment has not been ordered, the unpaid amounts are included
20833in the support obligation and are subject to withholding. If the
20834amount deducted exceeds the support obligation, the Department
20835of Revenue shall promptly refund the amount of the excess
20836deduction to the obligor. For support obligations in effect
20837before July 1, 2006, if the support order addresses the
20838withholding of unemployment compensation, the Department of
20839Economic Opportunity the Agency for Workforce Innovation shall
20840deduct and withhold the amount ordered by the court or
20841administrative agency that issued the support order as disclosed
20842by the Department of Revenue.
20843     (c)  The Department of Economic Opportunity the Agency for
20844Workforce Innovation shall pay any amount deducted and withheld
20845under paragraph (b) to the Department of Revenue.
20846     (d)  Any amount deducted and withheld under this subsection
20847shall for all purposes be treated as if it were paid to the
20848individual as unemployment compensation and paid by the
20849individual to the Department of Revenue for support obligations.
20850     (e)  The Department of Revenue shall reimburse the
20851Department of Economic Opportunity the Agency for Workforce
20852Innovation for the administrative costs incurred by the
20853Department of Economic Opportunity the agency under this
20854subsection which are attributable to support obligations being
20855enforced by the department.
20856     Section 477.  Subsections (3) and (4), paragraph (b) of
20857subsection (5), and subsections (6) and (8) of section 443.071,
20858Florida Statutes, are amended to read:
20859     443.071  Penalties.-
20860     (3)  Any employing unit or any officer or agent of any
20861employing unit or any other person who fails to furnish any
20862reports required under this chapter or to produce or permit the
20863inspection of or copying of records as required under this
20864chapter, who fails or refuses, within 6 months after written
20865demand by the department the Agency for Workforce Innovation or
20866the Department of Revenue its tax collection service provider,
20867to keep and maintain the payroll records required by this
20868chapter or by rule of the department the Agency for Workforce
20869Innovation or the Department of Revenue state agency providing
20870tax collection services, or who willfully fails or refuses to
20871make any contribution, reimbursement, or other payment required
20872from an employer under this chapter commits a misdemeanor of the
20873second degree, punishable as provided in s. 775.082 or s.
20874775.083.
20875     (4)  Any person who establishes a fictitious employing unit
20876by submitting to the department the Agency for Workforce
20877Innovation or the Department of Revenue its tax collection
20878service provider fraudulent employing unit records or tax or
20879wage reports by the introduction of fraudulent records into a
20880computer system, the intentional or deliberate alteration or
20881destruction of computerized information or files, or the theft
20882of financial instruments, data, and other assets, for the
20883purpose of enabling herself or himself or any other person to
20884receive benefits under this chapter to which such person is not
20885entitled, commits a felony of the third degree, punishable as
20886provided in s. 775.082, s. 775.083, or s. 775.084.
20887     (5)  In any prosecution or action under this section, the
20888entry into evidence of the signature of a person on a document,
20889letter, or other writing constitutes prima facie evidence of the
20890person's identity if the following conditions exist:
20891     (b)  The signature of the person is witnessed by an agent
20892or employee of the department the Agency for Workforce
20893Innovation or the Department of Revenue its tax collection
20894service provider at the time the document, letter, or other
20895writing is filed.
20896     (6)  The entry into evidence of an application for
20897unemployment benefits initiated by the use of the Internet
20898claims program or the interactive voice response system
20899telephone claims program of the department the Agency for
20900Workforce Innovation constitutes prima facie evidence of the
20901establishment of a personal benefit account by or for an
20902individual if the following information is provided: the
20903applicant's name, residence address, date of birth, social
20904security number, and present or former place of work.
20905     (8)  All records relating to investigations of unemployment
20906compensation fraud in the custody of the department the Agency
20907for Workforce Innovation or the Department of Revenue its tax
20908collection service provider are available for examination by the
20909Department of Law Enforcement, the state attorneys, or the
20910Office of the Statewide Prosecutor in the prosecution of
20911offenses under s. 817.568 or in proceedings brought under this
20912chapter.
20913     Section 478.  Subsections (1) and (4) of section 443.091,
20914Florida Statutes, are amended to read:
20915     443.091  Benefit eligibility conditions.-
20916     (1)  An unemployed individual is eligible to receive
20917benefits for any week only if the department the Agency for
20918Workforce Innovation finds that:
20919     (a)  She or he has made a claim for benefits for that week
20920in accordance with the rules adopted by the department the
20921Agency for Workforce Innovation.
20922     (b)  She or he has registered with the department the
20923agency for work and subsequently reports to the one-stop career
20924center as directed by the regional workforce board for
20925reemployment services. This requirement does not apply to
20926persons who are:
20927     1.  Non-Florida residents;
20928     2.  On a temporary layoff, as defined in s. 443.036(42);
20929     3.  Union members who customarily obtain employment through
20930a union hiring hall; or
20931     4.  Claiming benefits under an approved short-time
20932compensation plan as provided in s. 443.1116.
20933     (c)  To make continued claims for benefits, she or he is
20934reporting to the Department of Economic Opportunity the agency
20935in accordance with its rules. These rules may not conflict with
20936s. 443.111(1)(b), including the requirement that each claimant
20937continue to report regardless of any pending appeal relating to
20938her or his eligibility or disqualification for benefits.
20939     (d)  She or he is able to work and is available for work.
20940In order to assess eligibility for a claimed week of
20941unemployment, the Department of Economic Opportunity the agency
20942shall develop criteria to determine a claimant's ability to work
20943and availability for work. However:
20944     1.  Notwithstanding any other provision of this paragraph
20945or paragraphs (b) and (e), an otherwise eligible individual may
20946not be denied benefits for any week because she or he is in
20947training with the approval of the Department of Economic
20948Opportunity the agency, or by reason of s. 443.101(2) relating
20949to failure to apply for, or refusal to accept, suitable work.
20950Training may be approved by the Department of Economic
20951Opportunity the agency in accordance with criteria prescribed by
20952rule. A claimant's eligibility during approved training is
20953contingent upon satisfying eligibility conditions prescribed by
20954rule.
20955     2.  Notwithstanding any other provision of this chapter, an
20956otherwise eligible individual who is in training approved under
20957s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
20958determined ineligible or disqualified for benefits due to her or
20959his enrollment in such training or because of leaving work that
20960is not suitable employment to enter such training. As used in
20961this subparagraph, the term "suitable employment" means work of
20962a substantially equal or higher skill level than the worker's
20963past adversely affected employment, as defined for purposes of
20964the Trade Act of 1974, as amended, the wages for which are at
20965least 80 percent of the worker's average weekly wage as
20966determined for purposes of the Trade Act of 1974, as amended.
20967     3.  Notwithstanding any other provision of this section, an
20968otherwise eligible individual may not be denied benefits for any
20969week because she or he is before any state or federal court
20970pursuant to a lawfully issued summons to appear for jury duty.
20971     (e)  She or he participates in reemployment services, such
20972as job search assistance services, whenever the individual has
20973been determined, by a profiling system established by the rules
20974of the Department of Economic Opportunity agency rule, to be
20975likely to exhaust regular benefits and to be in need of
20976reemployment services.
20977     (f)  She or he has been unemployed for a waiting period of
209781 week. A week may not be counted as a week of unemployment
20979under this subsection:
20980     1.  Unless it occurs within the benefit year that includes
20981the week for which she or he claims payment of benefits.
20982     2.  If benefits have been paid for that week.
20983     3.  Unless the individual was eligible for benefits for
20984that week as provided in this section and s. 443.101, except for
20985the requirements of this subsection and of s. 443.101(5).
20986     (g)  She or he has been paid wages for insured work equal
20987to 1.5 times her or his high quarter wages during her or his
20988base period, except that an unemployed individual is not
20989eligible to receive benefits if the base period wages are less
20990than $3,400.
20991     (h)  She or he submitted to the Department of Economic
20992Opportunity the agency a valid social security number assigned
20993to her or him. The Department of Economic Opportunity The agency
20994may verify the social security number with the United States
20995Social Security Administration and may deny benefits if the
20996Department of Economic Opportunity the agency is unable to
20997verify the individual's social security number, the social
20998security number is invalid, or the social security number is not
20999assigned to the individual.
21000     (4)  In the event of national emergency, in the course of
21001which the Federal Emergency Unemployment Payment Plan is, at the
21002request of the Governor, invoked for all or any part of the
21003state, the emergency plan shall supersede the procedures
21004prescribed by this chapter, and by rules adopted under this
21005chapter, and the Department of Economic Opportunity the Agency
21006for Workforce Innovation shall act as the Florida agency for the
21007United States Department of Labor in the administration of the
21008plan.
21009     Section 479.  Subsections (1), (2), (4), (6), (7), and (9)
21010of section 443.101, Florida Statutes, are amended to read:
21011     443.101  Disqualification for benefits.-An individual shall
21012be disqualified for benefits:
21013     (1)(a)  For the week in which he or she has voluntarily
21014left work without good cause attributable to his or her
21015employing unit or in which the individual has been discharged by
21016the employing unit for misconduct connected with his or her
21017work, based on a finding by the Department of Economic
21018Opportunity the Agency for Workforce Innovation. As used in this
21019paragraph, the term "work" means any work, whether full-time,
21020part-time, or temporary.
21021     1.  Disqualification for voluntarily quitting continues for
21022the full period of unemployment next ensuing after the
21023individual has left his or her full-time, part-time, or
21024temporary work voluntarily without good cause and until the
21025individual has earned income equal to or in excess of 17 times
21026his or her weekly benefit amount. As used in this subsection,
21027the term "good cause" includes only that cause attributable to
21028the employing unit or which consists of the individual's illness
21029or disability requiring separation from his or her work. Any
21030other disqualification may not be imposed. An individual is not
21031disqualified under this subsection for voluntarily leaving
21032temporary work to return immediately when called to work by the
21033permanent employing unit that temporarily terminated his or her
21034work within the previous 6 calendar months. An individual is not
21035disqualified under this subsection for voluntarily leaving work
21036to relocate as a result of his or her military-connected
21037spouse's permanent change of station orders, activation orders,
21038or unit deployment orders.
21039     2.  Disqualification for being discharged for misconduct
21040connected with his or her work continues for the full period of
21041unemployment next ensuing after having been discharged and until
21042the individual is reemployed and has earned income of at least
2104317 times his or her weekly benefit amount and for not more than
2104452 weeks that immediately follow that week, as determined by the
21045Department of Economic Opportunity the agency in each case
21046according to the circumstances in each case or the seriousness
21047of the misconduct, under the Department of Economic
21048Opportunity's the agency's rules adopted for determinations of
21049disqualification for benefits for misconduct.
21050     3.  If an individual has provided notification to the
21051employing unit of his or her intent to voluntarily leave work
21052and the employing unit discharges the individual for reasons
21053other than misconduct before the date the voluntary quit was to
21054take effect, the individual, if otherwise entitled, shall
21055receive benefits from the date of the employer's discharge until
21056the effective date of his or her voluntary quit.
21057     4.  If an individual is notified by the employing unit of
21058the employer's intent to discharge the individual for reasons
21059other than misconduct and the individual quits without good
21060cause, as defined in this section, before the date the discharge
21061was to take effect, the claimant is ineligible for benefits
21062pursuant to s. 443.091(1)(d) for failing to be available for
21063work for the week or weeks of unemployment occurring before the
21064effective date of the discharge.
21065     (b)  For any week with respect to which the Department of
21066Economic Opportunity the Agency for Workforce Innovation finds
21067that his or her unemployment is due to a suspension for
21068misconduct connected with the individual's work.
21069     (c)  For any week with respect to which the Department of
21070Economic Opportunity the Agency for Workforce Innovation finds
21071that his or her unemployment is due to a leave of absence, if
21072the leave was voluntarily initiated by the individual.
21073     (d)  For any week with respect to which the Department of
21074Economic Opportunity the Agency for Workforce Innovation finds
21075that his or her unemployment is due to a discharge for
21076misconduct connected with the individual's work, consisting of
21077drug use, as evidenced by a positive, confirmed drug test.
21078     (2)  If the Department of Economic Opportunity the Agency
21079for Workforce Innovation finds that the individual has failed
21080without good cause to apply for available suitable work when
21081directed by the Department of Economic Opportunity the agency or
21082the one-stop career center, to accept suitable work when offered
21083to him or her, or to return to the individual's customary self-
21084employment when directed by the Department of Economic
21085Opportunity the agency, the disqualification continues for the
21086full period of unemployment next ensuing after he or she failed
21087without good cause to apply for available suitable work, to
21088accept suitable work, or to return to his or her customary self-
21089employment, under this subsection, and until the individual has
21090earned income at least 17 times his or her weekly benefit
21091amount. The Department of Economic Opportunity The Agency for
21092Workforce Innovation shall by rule adopt criteria for
21093determining the "suitability of work," as used in this section.
21094The Department of Economic Opportunity The Agency for Workforce
21095Innovation in developing these rules shall consider the duration
21096of a claimant's unemployment in determining the suitability of
21097work and the suitability of proposed rates of compensation for
21098available work. Further, after an individual has received 25
21099weeks of benefits in a single year, suitable work is a job that
21100pays the minimum wage and is 120 percent or more of the weekly
21101benefit amount the individual is drawing.
21102     (a)  In determining whether or not any work is suitable for
21103an individual, the Department of Economic Opportunity the Agency
21104for Workforce Innovation shall consider the degree of risk
21105involved to his or her health, safety, and morals; his or her
21106physical fitness and prior training; the individual's experience
21107and prior earnings; his or her length of unemployment and
21108prospects for securing local work in his or her customary
21109occupation; and the distance of the available work from his or
21110her residence.
21111     (b)  Notwithstanding any other provisions of this chapter,
21112work is not deemed suitable and benefits may not be denied under
21113this chapter to any otherwise eligible individual for refusing
21114to accept new work under any of the following conditions:
21115     1.  If the position offered is vacant due directly to a
21116strike, lockout, or other labor dispute.
21117     2.  If the wages, hours, or other conditions of the work
21118offered are substantially less favorable to the individual than
21119those prevailing for similar work in the locality.
21120     3.  If as a condition of being employed, the individual
21121would be required to join a company union or to resign from or
21122refrain from joining any bona fide labor organization.
21123     (c)  If the Department of Economic Opportunity the Agency
21124for Workforce Innovation finds that an individual was rejected
21125for offered employment as the direct result of a positive,
21126confirmed drug test required as a condition of employment, the
21127individual is disqualified for refusing to accept an offer of
21128suitable work.
21129     (4)  For any week with respect to which the Department of
21130Economic Opportunity the Agency for Workforce Innovation finds
21131that his or her total or partial unemployment is due to a labor
21132dispute in active progress which exists at the factory,
21133establishment, or other premises at which he or she is or was
21134last employed; except that this subsection does not apply if it
21135is shown to the satisfaction of the Department of Economic
21136Opportunity the Agency for Workforce Innovation that:
21137     (a)1.  He or she is not participating in, financing, or
21138directly interested in the labor dispute that is in active
21139progress; however, the payment of regular union dues may not be
21140construed as financing a labor dispute within the meaning of
21141this section; and
21142     2.  He or she does not belong to a grade or class of
21143workers of which immediately before the commencement of the
21144labor dispute there were members employed at the premises at
21145which the labor dispute occurs any of whom are participating in,
21146financing, or directly interested in the dispute; if in any case
21147separate branches of work are commonly conducted as separate
21148businesses in separate premises, or are conducted in separate
21149departments of the same premises, each department, for the
21150purpose of this subsection, is deemed to be a separate factory,
21151establishment, or other premise.
21152     (b)  His or her total or partial unemployment results from
21153a lockout by his or her employer. As used in this section, the
21154term "lockout" means a situation in which employees have not
21155gone on strike, nor have employees notified the employer of a
21156date certain for a strike, but in which employees have been
21157denied entry to the factory, establishment, or other premises of
21158employment by the employer. However, benefits are not payable
21159under this paragraph if the lockout action was taken in response
21160to threats, actions, or other indications of impending damage to
21161property and equipment or possible physical violence by
21162employees or in response to actual damage or violence or a
21163substantial reduction in production instigated or perpetrated by
21164employees.
21165     (6)  For a period not to exceed 1 year from the date of the
21166discovery by the Department of Economic Opportunity the Agency
21167for Workforce Innovation of the making of any false or
21168fraudulent representation for the purpose of obtaining benefits
21169contrary to this chapter, constituting a violation under s.
21170443.071. This disqualification may be appealed in the same
21171manner as any other disqualification imposed under this section.
21172A conviction by any court of competent jurisdiction in this
21173state of the offense prohibited or punished by s. 443.071 is
21174conclusive upon the appeals referee and the commission of the
21175making of the false or fraudulent representation for which
21176disqualification is imposed under this section.
21177     (7)  If the Department of Economic Opportunity the Agency
21178for Workforce Innovation finds that the individual is an alien,
21179unless the alien is an individual who has been lawfully admitted
21180for permanent residence or otherwise is permanently residing in
21181the United States under color of law, including an alien who is
21182lawfully present in the United States as a result of the
21183application of s. 203(a)(7) or s. 212(d)(5) of the Immigration
21184and Nationality Act, if any modifications to s. 3304(a)(14) of
21185the Federal Unemployment Tax Act, as provided by Pub. L. No. 94-
21186566, which specify other conditions or other effective dates
21187than those stated under federal law for the denial of benefits
21188based on services performed by aliens, and which modifications
21189are required to be implemented under state law as a condition
21190for full tax credit against the tax imposed by the Federal
21191Unemployment Tax Act, are deemed applicable under this section,
21192if:
21193     (a)  Any data or information required of individuals
21194applying for benefits to determine whether benefits are not
21195payable to them because of their alien status is uniformly
21196required from all applicants for benefits; and
21197     (b)  In the case of an individual whose application for
21198benefits would otherwise be approved, a determination that
21199benefits to such individual are not payable because of his or
21200her alien status may not be made except by a preponderance of
21201the evidence.
21202
21203If the Department of Economic Opportunity the Agency for
21204Workforce Innovation finds that the individual has refused
21205without good cause an offer of resettlement or relocation, which
21206offer provides for suitable employment for the individual
21207notwithstanding the distance of relocation, resettlement, or
21208employment from the current location of the individual in this
21209state, this disqualification continues for the week in which the
21210failure occurred and for not more than 17 weeks immediately
21211after that week, or a reduction by not more than 5 weeks from
21212the duration of benefits, as determined by the Department of
21213Economic Opportunity the Agency for Workforce Innovation in each
21214case.
21215     (9)  If the individual was terminated from his or her work
21216for violation of any criminal law punishable by imprisonment, or
21217for any dishonest act, in connection with his or her work, as
21218follows:
21219     (a)  If the Department of Economic Opportunity the Agency
21220for Workforce Innovation or the Unemployment Appeals Commission
21221finds that the individual was terminated from his or her work
21222for violation of any criminal law punishable by imprisonment in
21223connection with his or her work, and the individual was found
21224guilty of the offense, made an admission of guilt in a court of
21225law, or entered a plea of no contest, the individual is not
21226entitled to unemployment benefits for up to 52 weeks, under
21227rules adopted by the Department of Economic Opportunity the
21228Agency for Workforce Innovation, and until he or she has earned
21229income of at least 17 times his or her weekly benefit amount.
21230If, before an adjudication of guilt, an admission of guilt, or a
21231plea of no contest, the employer shows the Department of
21232Economic Opportunity the Agency for Workforce Innovation that
21233the arrest was due to a crime against the employer or the
21234employer's business and, after considering all the evidence, the
21235Department of Economic Opportunity the Agency for Workforce
21236Innovation finds misconduct in connection with the individual's
21237work, the individual is not entitled to unemployment benefits.
21238     (b)  If the Department of Economic Opportunity the Agency
21239for Workforce Innovation or the Unemployment Appeals Commission
21240finds that the individual was terminated from work for any
21241dishonest act in connection with his or her work, the individual
21242is not entitled to unemployment benefits for up to 52 weeks,
21243under rules adopted by the Department of Economic Opportunity
21244the Agency for Workforce Innovation, and until he or she has
21245earned income of at least 17 times his or her weekly benefit
21246amount. In addition, if the employer terminates an individual as
21247a result of a dishonest act in connection with his or her work
21248and the Department of Economic Opportunity the Agency for
21249Workforce Innovation finds misconduct in connection with his or
21250her work, the individual is not entitled to unemployment
21251benefits.
21252
21253With respect to an individual disqualified for benefits, the
21254account of the terminating employer, if the employer is in the
21255base period, is noncharged at the time the disqualification is
21256imposed.
21257     Section 480.  Subsection (1) of section 443.111, Florida
21258Statutes, is amended to read:
21259     443.111  Payment of benefits.-
21260     (1)  MANNER OF PAYMENT.-Benefits are payable from the fund
21261in accordance with rules adopted by the Department of Economic
21262Opportunity the Agency for Workforce Innovation, subject to the
21263following requirements:
21264     (a)  Benefits are payable by mail or electronically.
21265Notwithstanding s. 409.942(4), The Department of Economic
21266Opportunity the agency may develop a system for the payment of
21267benefits by electronic funds transfer, including, but not
21268limited to, debit cards, electronic payment cards, or any other
21269means of electronic payment that the Department of Economic
21270Opportunity the agency deems to be commercially viable or cost-
21271effective. Commodities or services related to the development of
21272such a system shall be procured by competitive solicitation,
21273unless they are purchased from a state term contract pursuant to
21274s. 287.056. The Department of Economic Opportunity The agency
21275shall adopt rules necessary to administer the system.
21276     (b)  Each claimant must report in the manner prescribed by
21277the Department of Economic Opportunity the Agency for Workforce
21278Innovation to certify for benefits that are paid and must
21279continue to report at least biweekly to receive unemployment
21280benefits and to attest to the fact that she or he is able and
21281available for work, has not refused suitable work, is seeking
21282work, and, if she or he has worked, to report earnings from that
21283work. Each claimant must continue to report regardless of any
21284appeal or pending appeal relating to her or his eligibility or
21285disqualification for benefits.
21286     Section 481.  Subsections (1) and (5) of section 443.1113,
21287Florida Statutes, are amended to read:
21288     443.1113  Unemployment Compensation Claims and Benefits
21289Information System.-
21290     (1)  To the extent that funds are appropriated for each
21291phase of the Unemployment Compensation Claims and Benefits
21292Information System by the Legislature, the Department of
21293Economic Opportunity the Agency for Workforce Innovation shall
21294replace and enhance the functionality provided in the following
21295systems with an integrated Internet-based system that is known
21296as the "Unemployment Compensation Claims and Benefits
21297Information System":
21298     (a)  Claims and benefit mainframe system.
21299     (b)  Florida unemployment Internet direct.
21300     (c)  Florida continued claim Internet directory.
21301     (d)  Call center interactive voice response system.
21302     (e)  Benefit overpayment screening system.
21303     (f)  Internet and Intranet appeals system.
21304     (5)  The Department of Economic Opportunity The Agency for
21305Workforce Innovation shall implement the following project
21306governance structure until such time as the project is
21307completed, suspended, or terminated:
21308     (a)  The project sponsor for the Unemployment Compensation
21309Claims and Benefits Information System project is the
21310Commissioner of Economic Opportunity executive director of the
21311Agency for Workforce Innovation.
21312     (b)  The project shall be governed by an executive steering
21313committee composed of the following voting members or their
21314designees:
21315     1.  The Commissioner of Economic Opportunity executive
21316director of the Agency for Workforce Innovation.
21317     2.  The executive director of the Department of Revenue.
21318     3.  The director of the Division of Workforce Services
21319within the Department of Economic Opportunity Office of
21320Unemployment Compensation within the Agency for Workforce
21321Innovation.
21322     4.  The program director of the General Tax Administration
21323Program Office within the Department of Revenue.
21324     5.  The chief information officer of the Department of
21325Economic Opportunity the Agency for Workforce Innovation.
21326     (c)  The executive steering committee has the overall
21327responsibility for ensuring that the project meets its primary
21328objectives and is specifically responsible for:
21329     1.  Providing management direction and support to the
21330project management team.
21331     2.  Assessing the project's alignment with the strategic
21332goals of the Department of Economic Opportunity the Agency for
21333Workforce Innovation for administering the unemployment
21334compensation program.
21335     3.  Reviewing and approving or disapproving any changes to
21336the project's scope, schedule, and costs.
21337     4.  Reviewing, approving or disapproving, and determining
21338whether to proceed with any major project deliverables.
21339     5.  Recommending suspension or termination of the project
21340to the Governor, the President of the Senate, and the Speaker of
21341the House of Representatives if it determines that the primary
21342objectives cannot be achieved.
21343     (d)  The project management team shall work under the
21344direction of the executive steering committee and shall be
21345minimally comprised of senior managers and stakeholders from the
21346Department of Economic Opportunity the Agency for Workforce
21347Innovation and the Department of Revenue. The project management
21348team is responsible for:
21349     1.  Providing daily planning, management, and oversight of
21350the project.
21351     2.  Submitting an operational work plan and providing
21352quarterly updates to that plan to the executive steering
21353committee. The plan must specify project milestones,
21354deliverables, and expenditures.
21355     3.  Submitting written monthly project status reports to
21356the executive steering committee which include:
21357     a.  Planned versus actual project costs;
21358     b.  An assessment of the status of major milestones and
21359deliverables;
21360     c.  Identification of any issues requiring resolution, the
21361proposed resolution for these issues, and information regarding
21362the status of the resolution;
21363     d.  Identification of risks that must be managed; and
21364     e.  Identification of and recommendations regarding
21365necessary changes in the project's scope, schedule, or costs.
21366All recommendations must be reviewed by project stakeholders
21367before submission to the executive steering committee in order
21368to ensure that the recommendations meet required acceptance
21369criteria.
21370     Section 482.  Paragraph (d) of subsection (1), subsection
21371(2), paragraphs (a) and (c) of subsection (3), and subsection
21372(6) of section 443.1115, Florida Statutes, are amended to read:
21373     443.1115  Extended benefits.-
21374     (1)  DEFINITIONS.-As used in this section, the term:
21375     (d)  "Rate of insured unemployment" means the percentage
21376derived by dividing the average weekly number of individuals
21377filing claims for regular compensation in this state, excluding
21378extended-benefit claimants for weeks of unemployment with
21379respect to the most recent 13-consecutive-week period, as
21380determined by the Department of Economic Opportunity the Agency
21381for Workforce Innovation on the basis of its reports to the
21382United States Secretary of Labor, by the average monthly
21383employment covered under this chapter for the first four of the
21384most recent six completed calendar quarters ending before the
21385end of that 13-week period.
21386     (2)  REGULAR BENEFITS ON CLAIMS FOR, AND THE PAYMENT OF,
21387EXTENDED BENEFITS.-Except when the result is inconsistent with
21388the other provisions of this section and as provided in the
21389rules of the Department of Economic Opportunity the Agency for
21390Workforce Innovation, the provisions of this chapter applying to
21391claims for, or the payment of, regular benefits apply to claims
21392for, and the payment of, extended benefits. These extended
21393benefits are charged to the employment records of employers to
21394the extent that the share of those extended benefits paid from
21395this state's Unemployment Compensation Trust Fund is not
21396eligible to be reimbursed from federal sources.
21397     (3)  ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS.-
21398     (a)  An individual is eligible to receive extended benefits
21399for any week of unemployment in her or his eligibility period
21400only if the Department of Economic Opportunity the Agency for
21401Workforce Innovation finds that, for that week:
21402     1.  She or he is an exhaustee as defined in subsection (1).
21403     2.  She or he satisfies the requirements of this chapter
21404for the receipt of regular benefits applicable to individuals
21405claiming extended benefits, including not being subject to
21406disqualification from the receipt of benefits. An individual
21407disqualified from receiving regular benefits may not receive
21408extended benefits after the disqualification period terminates
21409if he or she was disqualified for voluntarily leaving work,
21410being discharged from work for misconduct, or refusing suitable
21411work. However, if the disqualification period for regular
21412benefits terminates because the individual received the required
21413amount of remuneration for services rendered as a common-law
21414employee, she or he may receive extended benefits.
21415     3.  The individual was paid wages for insured work for the
21416applicable benefit year equal to 1.5 times the high quarter
21417earnings during the base period.
21418     (c)1.  An individual is disqualified from receiving
21419extended benefits if the Department of Economic Opportunity the
21420Agency for Workforce Innovation finds that, during any week of
21421unemployment in her or his eligibility period:
21422     a.  She or he failed to apply for suitable work or, if
21423offered, failed to accept suitable work, unless the individual
21424can furnish to the Department of Economic Opportunity the agency
21425satisfactory evidence that her or his prospects for obtaining
21426work in her or his customary occupation within a reasonably
21427short period are good. If this evidence is deemed satisfactory
21428for this purpose, the determination of whether any work is
21429suitable for the individual shall be made in accordance with the
21430definition of suitable work in s. 443.101(2). This
21431disqualification begins with the week the failure occurred and
21432continues until she or he is employed for at least 4 weeks and
21433receives earned income of at least 17 times her or his weekly
21434benefit amount.
21435     b.  She or he failed to furnish tangible evidence that she
21436or he actively engaged in a systematic and sustained effort to
21437find work. This disqualification begins with the week the
21438failure occurred and continues until she or he is employed for
21439at least 4 weeks and receives earned income of at least 4 times
21440her or his weekly benefit amount.
21441     2.  Except as otherwise provided in sub-subparagraph 1.a.,
21442as used in this paragraph, the term "suitable work" means any
21443work within the individual's capabilities to perform, if:
21444     a.  The gross average weekly remuneration payable for the
21445work exceeds the sum of the individual's weekly benefit amount
21446plus the amount, if any, of supplemental unemployment benefits,
21447as defined in s. 501(c)(17)(D) of the Internal Revenue Code of
214481954, as amended, payable to the individual for that week;
21449     b.  The wages payable for the work equal the higher of the
21450minimum wages provided by s. 6(a)(1) of the Fair Labor Standards
21451Act of 1938, without regard to any exemption, or the state or
21452local minimum wage; and
21453     c.  The work otherwise meets the definition of suitable
21454work in s. 443.101(2) to the extent that the criteria for
21455suitability are not inconsistent with this paragraph.
21456     (6)  COMPUTATIONS.-The Department of Economic Opportunity
21457The Agency for Workforce Innovation shall perform the
21458computations required under paragraph (1)(d) in accordance with
21459regulations of the United States Secretary of Labor.
21460     Section 483.  Subsection (2) and paragraphs (a) and (b) of
21461subsection (5) of section 443.1116, Florida Statutes, are
21462amended to read:
21463     443.1116  Short-time compensation.-
21464     (2)  APPROVAL OF SHORT-TIME COMPENSATION PLANS.-An employer
21465wishing to participate in the short-time compensation program
21466must submit a signed, written, short-time plan to the Department
21467of Economic Opportunity the director of the Agency for Workforce
21468Innovation for approval. The commissioner director or his or her
21469designee shall approve the plan if:
21470     (a)  The plan applies to and identifies each specific
21471affected unit;
21472     (b)  The individuals in the affected unit are identified by
21473name and social security number;
21474     (c)  The normal weekly hours of work for individuals in the
21475affected unit are reduced by at least 10 percent and by not more
21476than 40 percent;
21477     (d)  The plan includes a certified statement by the
21478employer that the aggregate reduction in work hours is in lieu
21479of temporary layoffs that would affect at least 10 percent of
21480the employees in the affected unit and that would have resulted
21481in an equivalent reduction in work hours;
21482     (e)  The plan applies to at least 10 percent of the
21483employees in the affected unit;
21484     (f)  The plan is approved in writing by the collective
21485bargaining agent for each collective bargaining agreement
21486covering any individual in the affected unit;
21487     (g)  The plan does not serve as a subsidy to seasonal
21488employers during the off-season or as a subsidy to employers who
21489traditionally use part-time employees; and
21490     (h)  The plan certifies the manner in which the employer
21491will treat fringe benefits of the individuals in the affected
21492unit if the hours of the individuals are reduced to less than
21493their normal weekly hours of work. As used in this paragraph,
21494the term "fringe benefits" includes, but is not limited to,
21495health insurance, retirement benefits under defined benefit
21496pension plans as defined in subsection 35 of s. 1002 of the
21497Employee Retirement Income Security Act of 1974, 29 U.S.C., paid
21498vacation and holidays, and sick leave.
21499     (5)  ELIGIBILITY REQUIREMENTS FOR SHORT-TIME COMPENSATION
21500BENEFITS.-
21501     (a)  Except as provided in this subsection, an individual
21502is eligible to receive short-time compensation benefits for any
21503week only if she or he complies with this chapter and the
21504Department of Economic Opportunity the Agency for Workforce
21505Innovation finds that:
21506     1.  The individual is employed as a member of an affected
21507unit in an approved plan that was approved before the week and
21508is in effect for the week;
21509     2.  The individual is able to work and is available for
21510additional hours of work or for full-time work with the short-
21511time employer; and
21512     3.  The normal weekly hours of work of the individual are
21513reduced by at least 10 percent but not by more than 40 percent,
21514with a corresponding reduction in wages.
21515     (b)  The Department of Economic Opportunity The Agency for
21516Workforce Innovation may not deny short-time compensation
21517benefits to an individual who is otherwise eligible for these
21518benefits for any week by reason of the application of any
21519provision of this chapter relating to availability for work,
21520active search for work, or refusal to apply for or accept work
21521from other than the short-time compensation employer of that
21522individual.
21523     Section 484.  Subsection (3) of section 443.1215, Florida
21524Statutes, is amended to read:
21525     443.1215  Employers.-
21526     (3)  An employing unit that fails to keep the records of
21527employment required by this chapter and by the rules of the
21528Department of Economic Opportunity the Agency for Workforce
21529Innovation and the Department of Revenue the state agency
21530providing unemployment tax collection services is presumed to be
21531an employer liable for the payment of contributions under this
21532chapter, regardless of the number of individuals employed by the
21533employing unit. However, the Department of Revenue tax
21534collection service provider shall make written demand that the
21535employing unit keep and maintain required payroll records. The
21536demand must be made at least 6 months before assessing
21537contributions against an employing unit determined to be an
21538employer that is subject to this chapter solely by reason of
21539this subsection.
21540     Section 485.  Paragraphs (a) and (d) of subsection (1),
21541subsection (12), and paragraphs (f) and (p) of subsection (13)
21542of section 443.1216, Florida Statutes, are amended to read:
21543     443.1216  Employment.-Employment, as defined in s. 443.036,
21544is subject to this chapter under the following conditions:
21545     (1)(a)  The employment subject to this chapter includes a
21546service performed, including a service performed in interstate
21547commerce, by:
21548     1.  An officer of a corporation.
21549     2.  An individual who, under the usual common-law rules
21550applicable in determining the employer-employee relationship, is
21551an employee. However, whenever a client, as defined in s.
21552443.036(18), which would otherwise be designated as an employing
21553unit has contracted with an employee leasing company to supply
21554it with workers, those workers are considered employees of the
21555employee leasing company. An employee leasing company may lease
21556corporate officers of the client to the client and other workers
21557to the client, except as prohibited by regulations of the
21558Internal Revenue Service. Employees of an employee leasing
21559company must be reported under the employee leasing company's
21560tax identification number and contribution rate for work
21561performed for the employee leasing company.
21562     a.  In addition to any other report required to be filed by
21563law, an employee leasing company shall submit a report to the
21564Labor Market Statistics Center within the Department of Economic
21565Opportunity the Agency for Workforce Innovation which includes
21566each client establishment and each establishment of the employee
21567leasing company, or as otherwise directed by the Department of
21568Economic Opportunity the agency. The report must include the
21569following information for each establishment:
21570     (I)  The trade or establishment name;
21571     (II)  The former unemployment compensation account number,
21572if available;
21573     (III)  The former federal employer's identification number
21574(FEIN), if available;
21575     (IV)  The industry code recognized and published by the
21576United States Office of Management and Budget, if available;
21577     (V)  A description of the client's primary business
21578activity in order to verify or assign an industry code;
21579     (VI)  The address of the physical location;
21580     (VII)  The number of full-time and part-time employees who
21581worked during, or received pay that was subject to unemployment
21582compensation taxes for, the pay period including the 12th of the
21583month for each month of the quarter;
21584     (VIII)  The total wages subject to unemployment
21585compensation taxes paid during the calendar quarter;
21586     (IX)  An internal identification code to uniquely identify
21587each establishment of each client;
21588     (X)  The month and year that the client entered into the
21589contract for services; and
21590     (XI)  The month and year that the client terminated the
21591contract for services.
21592     b.  The report shall be submitted electronically or in a
21593manner otherwise prescribed by the Department of Economic
21594Opportunity the Agency for Workforce Innovation in the format
21595specified by the Bureau of Labor Statistics of the United States
21596Department of Labor for its Multiple Worksite Report for
21597Professional Employer Organizations. The report must be provided
21598quarterly to the Labor Market Statistics Center within the
21599Department of Economic Opportunity the Agency for Workforce
21600Innovation, or as otherwise directed by the Department of
21601Economic Opportunity the agency, and must be filed by the last
21602day of the month immediately following the end of the calendar
21603quarter. The information required in sub-sub-subparagraphs a.(X)
21604and (XI) need be provided only in the quarter in which the
21605contract to which it relates was entered into or terminated. The
21606sum of the employment data and the sum of the wage data in this
21607report must match the employment and wages reported in the
21608unemployment compensation quarterly tax and wage report. A
21609report is not required for any calendar quarter preceding the
21610third calendar quarter of 2010.
21611     c.  The Department of Economic Opportunity The Agency for
21612Workforce Innovation shall adopt rules as necessary to
21613administer this subparagraph, and may administer, collect,
21614enforce, and waive the penalty imposed by s. 443.141(1)(b) for
21615the report required by this subparagraph.
21616     d.  For the purposes of this subparagraph, the term
21617"establishment" means any location where business is conducted
21618or where services or industrial operations are performed.
21619     3.  An individual other than an individual who is an
21620employee under subparagraph 1. or subparagraph 2., who performs
21621services for remuneration for any person:
21622     a.  As an agent-driver or commission-driver engaged in
21623distributing meat products, vegetable products, fruit products,
21624bakery products, beverages other than milk, or laundry or
21625drycleaning services for his or her principal.
21626     b.  As a traveling or city salesperson engaged on a full-
21627time basis in the solicitation on behalf of, and the
21628transmission to, his or her principal of orders from
21629wholesalers, retailers, contractors, or operators of hotels,
21630restaurants, or other similar establishments for merchandise for
21631resale or supplies for use in their business operations. This
21632sub-subparagraph does not apply to an agent-driver or a
21633commission-driver and does not apply to sideline sales
21634activities performed on behalf of a person other than the
21635salesperson's principal.
21636     4.  The services described in subparagraph 3. are
21637employment subject to this chapter only if:
21638     a.  The contract of service contemplates that substantially
21639all of the services are to be performed personally by the
21640individual;
21641     b.  The individual does not have a substantial investment
21642in facilities used in connection with the services, other than
21643facilities used for transportation; and
21644     c.  The services are not in the nature of a single
21645transaction that is not part of a continuing relationship with
21646the person for whom the services are performed.
21647     (d)  If two or more related corporations concurrently
21648employ the same individual and compensate the individual through
21649a common paymaster, each related corporation is considered to
21650have paid wages to the individual only in the amounts actually
21651disbursed by that corporation to the individual and is not
21652considered to have paid the wages actually disbursed to the
21653individual by another of the related corporations. The
21654Department of Economic Opportunity The Agency for Workforce
21655Innovation and the Department of Revenue the state agency
21656providing unemployment tax collection services may adopt rules
21657necessary to administer this paragraph.
21658     1.  As used in this paragraph, the term "common paymaster"
21659means a member of a group of related corporations that disburses
21660wages to concurrent employees on behalf of the related
21661corporations and that is responsible for keeping payroll records
21662for those concurrent employees. A common paymaster is not
21663required to disburse wages to all the employees of the related
21664corporations; however, this subparagraph does not apply to wages
21665of concurrent employees which are not disbursed through a common
21666paymaster. A common paymaster must pay concurrently employed
21667individuals under this subparagraph by one combined paycheck.
21668     2.  As used in this paragraph, the term "concurrent
21669employment" means the existence of simultaneous employment
21670relationships between an individual and related corporations.
21671Those relationships require the performance of services by the
21672employee for the benefit of the related corporations, including
21673the common paymaster, in exchange for wages that, if deductible
21674for the purposes of federal income tax, are deductible by the
21675related corporations.
21676     3.  Corporations are considered related corporations for an
21677entire calendar quarter if they satisfy any one of the following
21678tests at any time during the calendar quarter:
21679     a.  The corporations are members of a "controlled group of
21680corporations" as defined in s. 1563 of the Internal Revenue Code
21681of 1986 or would be members if s. 1563(a)(4) and (b) did not
21682apply.
21683     b.  In the case of a corporation that does not issue stock,
21684at least 50 percent of the members of the board of directors or
21685other governing body of one corporation are members of the board
21686of directors or other governing body of the other corporation or
21687the holders of at least 50 percent of the voting power to select
21688those members are concurrently the holders of at least 50
21689percent of the voting power to select those members of the other
21690corporation.
21691     c.  At least 50 percent of the officers of one corporation
21692are concurrently officers of the other corporation.
21693     d.  At least 30 percent of the employees of one corporation
21694are concurrently employees of the other corporation.
21695     4.  The common paymaster must report to the Department of
21696Revenue tax collection service provider, as part of the
21697unemployment compensation quarterly tax and wage report, the
21698state unemployment compensation account number and name of each
21699related corporation for which concurrent employees are being
21700reported. Failure to timely report this information shall result
21701in the related corporations being denied common paymaster status
21702for that calendar quarter.
21703     5.  The common paymaster also has the primary
21704responsibility for remitting contributions due under this
21705chapter for the wages it disburses as the common paymaster. The
21706common paymaster must compute these contributions as though it
21707were the sole employer of the concurrently employed individuals.
21708If a common paymaster fails to timely remit these contributions
21709or reports, in whole or in part, the common paymaster remains
21710liable for the full amount of the unpaid portion of these
21711contributions. In addition, each of the other related
21712corporations using the common paymaster is jointly and severally
21713liable for its appropriate share of these contributions. Each
21714related corporation's share equals the greater of:
21715     a.  The liability of the common paymaster under this
21716chapter, after taking into account any contributions made.
21717     b.  The liability under this chapter which, notwithstanding
21718this section, would have existed for the wages from the other
21719related corporations, reduced by an allocable portion of any
21720contributions previously paid by the common paymaster for those
21721wages.
21722     (12)  The employment subject to this chapter includes
21723services covered by a reciprocal arrangement under s. 443.221
21724between the Department of Economic Opportunity the Agency for
21725Workforce Innovation or the Department of Revenue its tax
21726collection service provider and the agency charged with the
21727administration of another state unemployment compensation law or
21728a federal unemployment compensation law, under which all
21729services performed by an individual for an employing unit are
21730deemed to be performed entirely within this state, if the
21731Department of Economic Opportunity the Agency for Workforce
21732Innovation or the Department of Revenue its tax collection
21733service provider approved an election of the employing unit in
21734which all of the services performed by the individual during the
21735period covered by the election are deemed to be insured work.
21736     (13)  The following are exempt from coverage under this
21737chapter:
21738     (f)  Service performed in the employ of a public employer
21739as defined in s. 443.036, except as provided in subsection (2),
21740and service performed in the employ of an instrumentality of a
21741public employer as described in s. 443.036(36)(35)(b) or (c), to
21742the extent that the instrumentality is immune under the United
21743States Constitution from the tax imposed by s. 3301 of the
21744Internal Revenue Code for that service.
21745     (p)  Service covered by an arrangement between the
21746Department of Economic Opportunity the Agency for Workforce
21747Innovation, or the Department of Revenue its tax collection
21748service provider, and the agency charged with the administration
21749of another state or federal unemployment compensation law under
21750which all services performed by an individual for an employing
21751unit during the period covered by the employing unit's duly
21752approved election is deemed to be performed entirely within the
21753other agency's state or under the federal law.
21754     Section 486.  Subsection (1) of section 443.1217, Florida
21755Statutes, is amended to read:
21756     443.1217  Wages.-
21757     (1)  The wages subject to this chapter include all
21758remuneration for employment, including commissions, bonuses,
21759back pay awards, and the cash value of all remuneration paid in
21760any medium other than cash. The reasonable cash value of
21761remuneration in any medium other than cash must be estimated and
21762determined in accordance with rules adopted by the Department of
21763Economic Opportunity the Agency for Workforce Innovation or the
21764Department of Revenue state agency providing tax collection
21765services. The wages subject to this chapter include tips or
21766gratuities received while performing services that constitute
21767employment and are included in a written statement furnished to
21768the employer under s. 6053(a) of the Internal Revenue Code of
217691954. As used in this section only, the term "employment"
21770includes services constituting employment under any employment
21771security law of another state or of the Federal Government.
21772     Section 487.  Subsection (1) and paragraphs (a), (g), and
21773(i) of subsection (3) of section 443.131, Florida Statutes, are
21774amended to read:
21775     443.131  Contributions.-
21776     (1)  PAYMENT OF CONTRIBUTIONS.-Contributions accrue and are
21777payable by each employer for each calendar quarter he or she is
21778subject to this chapter for wages paid during each calendar
21779quarter for employment. Contributions are due and payable by
21780each employer to the Department of Revenue tax collection
21781service provider, in accordance with the rules adopted by the
21782Department of Economic Opportunity the Agency for Workforce
21783Innovation or the Department of Revenue state agency providing
21784tax collection services. This subsection does not prohibit the
21785Department of Revenue tax collection service provider from
21786allowing, at the request of the employer, employers of employees
21787performing domestic services, as defined in s. 443.1216(6), to
21788pay contributions or report wages at intervals other than
21789quarterly when the nonquarterly payment or reporting assists the
21790Department of Revenue service provider and when nonquarterly
21791payment and reporting is authorized under federal law. Employers
21792of employees performing domestic services may report wages and
21793pay contributions annually, with a due date of January 1 and a
21794delinquency date of February 1. To qualify for this election,
21795the employer must employ only employees performing domestic
21796services, be eligible for a variation from the standard rate
21797computed under subsection (3), apply to this program no later
21798than December 1 of the preceding calendar year, and agree to
21799provide the Department of Economic Opportunity the Agency for
21800Workforce Innovation or the Department of Revenue its tax
21801collection service provider with any special reports that are
21802requested, including copies of all federal employment tax forms.
21803An employer who fails to timely furnish any wage information
21804required by the Department of Economic Opportunity the Agency
21805for Workforce Innovation or the Department of Revenue its tax
21806collection service provider loses the privilege to participate
21807in this program, effective the calendar quarter immediately
21808after the calendar quarter the failure occurred. The employer
21809may reapply for annual reporting when a complete calendar year
21810elapses after the employer's disqualification if the employer
21811timely furnished any requested wage information during the
21812period in which annual reporting was denied. An employer may not
21813deduct contributions, interests, penalties, fines, or fees
21814required under this chapter from any part of the wages of his or
21815her employees. A fractional part of a cent less than one-half
21816cent shall be disregarded from the payment of contributions, but
21817a fractional part of at least one-half cent shall be increased
21818to 1 cent.
21819     (3)  VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
21820EXPERIENCE.-
21821     (a)  Employment records.-The regular and short-time
21822compensation benefits paid to an eligible individual shall be
21823charged to the employment record of each employer who paid the
21824individual wages of at least $100 during the individual's base
21825period in proportion to the total wages paid by all employers
21826who paid the individual wages during the individual's base
21827period. Benefits may not be charged to the employment record of
21828an employer who furnishes part-time work to an individual who,
21829because of loss of employment with one or more other employers,
21830is eligible for partial benefits while being furnished part-time
21831work by the employer on substantially the same basis and in
21832substantially the same amount as the individual's employment
21833during his or her base period, regardless of whether this part-
21834time work is simultaneous or successive to the individual's lost
21835employment. Further, as provided in s. 443.151(3), benefits may
21836not be charged to the employment record of an employer who
21837furnishes the Department of Economic Opportunity the Agency for
21838Workforce Innovation with notice, as prescribed in agency rules
21839of the Department of Economic Opportunity, that any of the
21840following apply:
21841     1.  If an individual leaves his or her work without good
21842cause attributable to the employer or is discharged by the
21843employer for misconduct connected with his or her work, benefits
21844subsequently paid to the individual based on wages paid by the
21845employer before the separation may not be charged to the
21846employment record of the employer.
21847     2.  If an individual is discharged by the employer for
21848unsatisfactory performance during an initial employment
21849probationary period, benefits subsequently paid to the
21850individual based on wages paid during the probationary period by
21851the employer before the separation may not be charged to the
21852employer's employment record. As used in this subparagraph, the
21853term "initial employment probationary period" means an
21854established probationary plan that applies to all employees or a
21855specific group of employees and that does not exceed 90 calendar
21856days following the first day a new employee begins work. The
21857employee must be informed of the probationary period within the
21858first 7 days of work. The employer must demonstrate by
21859conclusive evidence that the individual was separated because of
21860unsatisfactory work performance and not because of lack of work
21861due to temporary, seasonal, casual, or other similar employment
21862that is not of a regular, permanent, and year-round nature.
21863     3.  Benefits subsequently paid to an individual after his
21864or her refusal without good cause to accept suitable work from
21865an employer may not be charged to the employment record of the
21866employer if any part of those benefits are based on wages paid
21867by the employer before the individual's refusal to accept
21868suitable work. As used in this subparagraph, the term "good
21869cause" does not include distance to employment caused by a
21870change of residence by the individual. The Department of
21871Economic Opportunity The Agency for Workforce Innovation shall
21872adopt rules prescribing for the payment of all benefits whether
21873this subparagraph applies regardless of whether a
21874disqualification under s. 443.101 applies to the claim.
21875     4.  If an individual is separated from work as a direct
21876result of a natural disaster declared under the Robert T.
21877Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
21878ss. 5121 et seq., benefits subsequently paid to the individual
21879based on wages paid by the employer before the separation may
21880not be charged to the employment record of the employer.
21881     (g)  Transfer of unemployment experience upon transfer or
21882acquisition of a business.-Notwithstanding any other provision
21883of law, upon transfer or acquisition of a business, the
21884following conditions apply to the assignment of rates and to
21885transfers of unemployment experience:
21886     1.a.  If an employer transfers its trade or business, or a
21887portion thereof, to another employer and, at the time of the
21888transfer, there is any common ownership, management, or control
21889of the two employers, the unemployment experience attributable
21890to the transferred trade or business shall be transferred to the
21891employer to whom the business is so transferred. The rates of
21892both employers shall be recalculated and made effective as of
21893the beginning of the calendar quarter immediately following the
21894date of the transfer of the trade or business unless the
21895transfer occurred on the first day of a calendar quarter, in
21896which case the rate shall be recalculated as of that date.
21897     b.  If, following a transfer of experience under sub-
21898subparagraph a., the Department of Economic Opportunity the
21899Agency for Workforce Innovation or the Department of Revenue tax
21900collection service provider determines that a substantial
21901purpose of the transfer of trade or business was to obtain a
21902reduced liability for contributions, the experience rating
21903account of the employers involved shall be combined into a
21904single account and a single rate assigned to the account.
21905     2.  Whenever a person who is not an employer under this
21906chapter at the time it acquires the trade or business of an
21907employer, the unemployment experience of the acquired business
21908shall not be transferred to the person if the Department of
21909Economic Opportunity the Agency for Workforce Innovation or the
21910Department of Revenue tax collection service provider finds that
21911such person acquired the business solely or primarily for the
21912purpose of obtaining a lower rate of contributions. Instead,
21913such person shall be assigned the new employer rate under
21914paragraph (2)(a). In determining whether the business was
21915acquired solely or primarily for the purpose of obtaining a
21916lower rate of contributions, the Department of Revenue tax
21917collection service provider shall consider, but not be limited
21918to, the following factors:
21919     a.  Whether the person continued the business enterprise of
21920the acquired business;
21921     b.  How long such business enterprise was continued; or
21922     c.  Whether a substantial number of new employees was hired
21923for performance of duties unrelated to the business activity
21924conducted before the acquisition.
21925     3.  If a person knowingly violates or attempts to violate
21926subparagraph 1. or subparagraph 2. or any other provision of
21927this chapter related to determining the assignment of a
21928contribution rate, or if a person knowingly advises another
21929person to violate the law, the person shall be subject to the
21930following penalties:
21931     a.  If the person is an employer, the employer shall be
21932assigned the highest rate assignable under this chapter for the
21933rate year during which such violation or attempted violation
21934occurred and for the 3 rate years immediately following this
21935rate year. However, if the person's business is already at the
21936highest rate for any year, or if the amount of increase in the
21937person's rate would be less than 2 percent for such year, then a
21938penalty rate of contribution of 2 percent of taxable wages shall
21939be imposed for such year and the following 3 rate years.
21940     b.  If the person is not an employer, such person shall be
21941subject to a civil money penalty of not more than $5,000. The
21942procedures for the assessment of a penalty shall be in
21943accordance with the procedures set forth in s. 443.141(2), and
21944the provisions of s. 443.141(3) shall apply to the collection of
21945the penalty. Any such penalty shall be deposited in the penalty
21946and interest account established under s. 443.211(2).
21947     4.  For purposes of this paragraph, the term:
21948     a.  "Knowingly" means having actual knowledge of or acting
21949with deliberate ignorance or reckless disregard for the
21950prohibition involved.
21951     b.  "Violates or attempts to violate" includes, but is not
21952limited to, intent to evade, misrepresent, or willfully
21953nondisclose.
21954     5.  In addition to the penalty imposed by subparagraph 3.,
21955any person who violates this paragraph commits a felony of the
21956third degree, punishable as provided in s. 775.082, s. 775.083,
21957or s. 775.084.
21958     6.  The Department of Economic Opportunity The Agency for
21959Workforce Innovation and the Department of Revenue tax
21960collection service provider shall establish procedures to
21961identify the transfer or acquisition of a business for the
21962purposes of this paragraph and shall adopt any rules necessary
21963to administer this paragraph.
21964     7.  For purposes of this paragraph:
21965     a.  "Person" has the meaning given to the term by s.
219667701(a)(1) of the Internal Revenue Code of 1986.
21967     b.  "Trade or business" shall include the employer's
21968workforce.
21969     8.  This paragraph shall be interpreted and applied in such
21970a manner as to meet the minimum requirements contained in any
21971guidance or regulations issued by the United States Department
21972of Labor.
21973     (i)  Notice of determinations of contribution rates;
21974redeterminations.-The Department of Revenue state agency
21975providing tax collection services:
21976     1.  Shall promptly notify each employer of his or her
21977contribution rate as determined for any calendar year under this
21978section. The determination is conclusive and binding on the
21979employer unless within 20 days after mailing the notice of
21980determination to the employer's last known address, or, in the
21981absence of mailing, within 20 days after delivery of the notice,
21982the employer files an application for review and redetermination
21983setting forth the grounds for review. An employer may not, in
21984any proceeding involving his or her contribution rate or
21985liability for contributions, contest the chargeability to his or
21986her employment record of any benefits paid in accordance with a
21987determination, redetermination, or decision under s. 443.151,
21988except on the ground that the benefits charged were not based on
21989services performed in employment for him or her and then only if
21990the employer was not a party to the determination,
21991redetermination, or decision, or to any other proceeding under
21992this chapter, in which the character of those services was
21993determined.
21994     2.  Shall, upon discovery of an error in computation,
21995reconsider any prior determination or redetermination of a
21996contribution rate after the 20-day period has expired and issue
21997a revised notice of contribution rate as redetermined. A
21998redetermination is subject to review, and is conclusive and
21999binding if review is not sought, in the same manner as review of
22000a determination under subparagraph 1. A reconsideration may not
22001be made after March 31 of the calendar year immediately after
22002the calendar year for which the contribution rate is applicable,
22003and interest may not accrue on any additional contributions
22004found to be due until 30 days after the employer is mailed
22005notice of his or her revised contribution rate.
22006     3.  May adopt rules providing for periodic notification to
22007employers of benefits paid and charged to their employment
22008records or of the status of those employment records. A
22009notification, unless an application for redetermination is filed
22010in the manner and within the time limits prescribed by the
22011Department of Economic Opportunity the Agency for Workforce
22012Innovation, is conclusive and binding on the employer under this
22013chapter. The redetermination, and the Department of Economic
22014Opportunity's the Agency for Workforce Innovation's finding of
22015fact in connection with the redetermination, may be introduced
22016in any subsequent administrative or judicial proceeding
22017involving the determination of the contribution rate of an
22018employer for any calendar year. A redetermination becomes final
22019in the same manner provided in this subsection for findings of
22020fact made by the Department of Economic Opportunity the Agency
22021for Workforce Innovation in proceedings to redetermine the
22022contribution rate of an employer. Pending a redetermination or
22023an administrative or judicial proceeding, the employer must file
22024reports and pay contributions in accordance with this section.
22025     Section 488.  Paragraph (d) of subsection (2) and paragraph
22026(d) of subsection (3) of section 443.1312, Florida Statutes, are
22027amended to read:
22028     443.1312  Reimbursements; nonprofit organizations.-Benefits
22029paid to employees of nonprofit organizations shall be financed
22030in accordance with this section.
22031     (2)  LIABILITY FOR CONTRIBUTIONS AND ELECTION OF
22032REIMBURSEMENT.-A nonprofit organization that is, or becomes,
22033subject to this chapter under s. 443.1215(1)(c) or s.
22034443.121(3)(a) must pay contributions under s. 443.131 unless it
22035elects, in accordance with this subsection, to reimburse the
22036Unemployment Compensation Trust Fund for all of the regular
22037benefits, short-time compensation benefits, and one-half of the
22038extended benefits paid, which are attributable to service in the
22039employ of the nonprofit organization, to individuals for weeks
22040of unemployment which begin during the effective period of the
22041election.
22042     (d)  In accordance with rules adopted by the Department of
22043Economic Opportunity the Agency for Workforce Innovation or the
22044Department of Revenue the state agency providing unemployment
22045tax collection services, the Department of Revenue the tax
22046collection service provider shall notify each nonprofit
22047organization of any determination of the organization's status
22048as an employer, the effective date of any election the
22049organization makes, and the effective date of any termination of
22050the election. Each determination is subject to reconsideration,
22051appeal, and review under s. 443.141(2)(c).
22052     (3)  PAYMENT OF REIMBURSEMENTS.-Reimbursements in lieu of
22053contributions must be paid in accordance with this subsection.
22054     (d)  The amount due, as specified in any bill from the
22055Department of Revenue tax collection service provider, is
22056conclusive, and the nonprofit organization is liable for payment
22057of that amount unless, within 20 days after the bill is mailed
22058to the organization's last known address or otherwise delivered
22059to the organization, the organization files an application for
22060redetermination by the Department of Economic Opportunity the
22061Agency for Workforce Innovation, setting forth the grounds for
22062the application. The Department of Economic Opportunity The
22063Agency for Workforce Innovation shall promptly review and
22064reconsider the amount due, as specified in the bill, and shall
22065issue a redetermination in each case in which an application for
22066redetermination is filed. The redetermination is conclusive and
22067the nonprofit organization is liable for payment of the amount
22068due, as specified in the redetermination, unless, within 20 days
22069after the redetermination is mailed to the organization's last
22070known address or otherwise delivered to the organization, the
22071organization files a protest, setting forth the grounds for the
22072appeal. Proceedings on the protest shall be conducted in
22073accordance with s. 443.141(2).
22074     Section 489.  Paragraph (b) of subsection (1) of section
22075443.1313, Florida Statutes, is amended to read:
22076     443.1313  Public employers; reimbursements; election to pay
22077contributions.-Benefits paid to employees of a public employer,
22078as defined in s. 443.036, based on service described in s.
22079443.1216(2) shall be financed in accordance with this section.
22080     (1)  PAYMENT OF REIMBURSEMENTS.-
22081     (b)  If a state agency is more than 120 days delinquent on
22082reimbursements due to the Unemployment Compensation Trust Fund,
22083the Department of Revenue tax collection service provider shall
22084certify to the Chief Financial Officer the amount due and the
22085Chief Financial Officer shall transfer the amount due to the
22086Unemployment Compensation Trust Fund from the funds of the
22087agency which legally may be used for that purpose. If a public
22088employer other than a state agency is more than 120 days
22089delinquent on reimbursements due to the Unemployment
22090Compensation Trust Fund, upon request by the Department of
22091Revenue tax collection service provider after a hearing, the
22092Department of Revenue or the Department of Financial Services,
22093as applicable, shall deduct the amount owed by the public
22094employer from any funds to be distributed by the applicable
22095department to the public employer for further distribution to
22096the trust fund in accordance with this chapter. If an employer
22097for whom the municipal or county tax collector collects taxes
22098fails to make the reimbursements to the Unemployment
22099Compensation Trust Fund required by this chapter, the tax
22100collector after a hearing, at the request of the Department of
22101Revenue the tax collection service provider and upon receipt of
22102a certificate showing the amount owed by the employer, shall
22103deduct the certified amount from any taxes collected for the
22104employer and remit that amount to the Department of Revenue tax
22105collection service provider for further distribution to the
22106trust fund in accordance with this chapter. This paragraph does
22107not apply to amounts owed by a political subdivision of the
22108state for benefits erroneously paid in which the claimant must
22109repay to the Department of Economic Opportunity the Agency for
22110Workforce Innovation under s. 443.151(6)(a) or (b) any sum as
22111benefits received.
22112     Section 490.  Paragraphs (b) and (c) of subsection (4) and
22113subsection (7) of section 443.1315, Florida Statutes, are
22114amended to read:
22115     443.1315  Treatment of Indian tribes.-
22116     (4)
22117     (b)1.  Services performed for an Indian tribe or tribal
22118unit that fails to make required reimbursements, including
22119assessments of interest and penalty, after all collection
22120activities deemed necessary by the Department of Revenue tax
22121collection service provider, subject to approval by the
22122Department of Economic Opportunity the Agency for Workforce
22123Innovation, are exhausted may not be treated as employment for
22124purposes of paragraph (1)(b).
22125     2.  The Department of Revenue tax collection service
22126provider may determine that any Indian tribe that loses coverage
22127under subparagraph 1. may have services performed for the tribe
22128subsequently included as employment for purposes of paragraph
22129(1)(b) if all contributions, reimbursements, penalties, and
22130interest are paid.
22131     (c)  The Department of Economic Opportunity The Agency for
22132Workforce Innovation or the Department of Revenue its tax
22133collection service provider shall immediately notify the United
22134States Internal Revenue Service and the United States Department
22135of Labor when an Indian tribe fails to make reimbursements
22136required under this section, including assessments of interest
22137and penalty, within 90 days after a final notice of delinquency.
22138     (7)  The Department of Economic Opportunity The Agency for
22139Workforce Innovation and the Department of Revenue the state
22140agency providing unemployment tax collection services shall
22141adopt rules necessary to administer this section.
22142     Section 491.  Section 443.1316, Florida Statutes, is
22143amended to read:
22144     443.1316  Unemployment tax collection services; interagency
22145agreement.-
22146     (1)  The department The Agency for Workforce Innovation
22147shall contract with the Department of Revenue, through an
22148interagency agreement, to perform the duties assigned to the
22149Department of Revenue of the tax collection service provider and
22150provide other unemployment tax collection services under this
22151chapter. Under the interagency agreement, the Department of
22152Revenue tax collection service provider may only implement:
22153     (a)  The provisions of this chapter conferring duties upon
22154the Department of Revenue tax collection service provider.
22155     (b)  The provisions of law conferring duties upon the
22156Department of Economic Opportunity the Agency for Workforce
22157Innovation which are specifically delegated to the Department of
22158Revenue through tax collection service provider in the
22159interagency agreement.
22160     (2)(a)  The Department of Revenue is considered to be
22161administering a revenue law of this state when it the department
22162implements this chapter, or otherwise provides unemployment tax
22163collection services, under contract with the Department of
22164Economic Opportunity the Agency for Workforce Innovation through
22165the interagency agreement.
22166     (b)  Sections 213.015(1)-(3), (5)-(7), (9)-(19), and (21);
22167213.018; 213.025; 213.051; 213.053; 213.0532; 213.0535; 213.055;
22168213.071; 213.10; 213.21(4); 213.2201; 213.23; 213.24; 213.25;
22169213.27; 213.28; 213.285; 213.34(1), (3), and (4); 213.37;
22170213.50; 213.67; 213.69; 213.692; 213.73; 213.733; 213.74; and
22171213.757 apply to the collection of unemployment contributions
22172and reimbursements by the Department of Revenue unless
22173prohibited by federal law.
22174     Section 492.  Section 443.1317, Florida Statutes, is
22175amended to read:
22176     443.1317  Rulemaking authority; enforcement of rules.-
22177     (1)  DEPARTMENT OF ECONOMIC OPPORTUNITY AGENCY FOR
22178WORKFORCE INNOVATION.-
22179     (a)  Except as otherwise provided in s. 443.012, the
22180Department of Economic Opportunity the Agency for Workforce
22181Innovation has ultimate authority over the administration of the
22182Unemployment Compensation Program.
22183     (b)  The Department of Economic Opportunity The Agency for
22184Workforce Innovation may adopt rules under ss. 120.536(1) and
22185120.54 to administer the provisions of this chapter conferring
22186duties upon either the Department of Economic Opportunity the
22187agency or the Department of Revenue its tax collection service
22188provider.
22189     (2)  DEPARTMENT OF REVENUE TAX COLLECTION SERVICE
22190PROVIDER.-The Department of Revenue as the state agency
22191providing unemployment tax collection services under an
22192interagency agreement with the Department of Economic
22193Opportunity contract with the Agency for Workforce Innovation
22194through an interagency agreement pursuant to s. 443.1316 may
22195adopt rules under ss. 120.536(1) and 120.54, subject to approval
22196by the Department of Economic Opportunity the Agency for
22197Workforce Innovation, to administer the provisions of law
22198described in s. 443.1316(1)(a) and (b) which are within this
22199chapter. These rules must not conflict with the rules adopted by
22200the Department of Economic Opportunity the Agency for Workforce
22201Innovation or with the interagency agreement.
22202     (3)  ENFORCEMENT OF RULES.-The Department of Economic
22203Opportunity Agency for Workforce Innovation may enforce any rule
22204adopted by the Department of Revenue state agency providing
22205unemployment tax collection services to administer this chapter.
22206The Department of Revenue tax collection service provider may
22207enforce any rule adopted by the Department of Economic
22208Opportunity the Agency for Workforce Innovation to administer
22209the provisions of law described in s. 443.1316(1)(a) and (b).
22210     Section 493.  Paragraphs (b), (c), and (f) of subsection
22211(1), subsection (2), paragraphs (f) and (g) of subsection (3),
22212and paragraph (c) of subsection (4) of section 443.141, Florida
22213Statutes, are amended to read:
22214     443.141  Collection of contributions and reimbursements.-
22215     (1)  PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
22216ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.-
22217     (b)  Penalty for delinquent, erroneous, incomplete, or
22218insufficient reports.-
22219     1.  An employing unit that fails to file any report
22220required by the Department of Economic Opportunity the Agency
22221for Workforce Innovation or the Department of Revenue its tax
22222collection service provider, in accordance with rules for
22223administering this chapter, shall pay to the Department of
22224Revenue service provider for each delinquent report the sum of
22225$25 for each 30 days or fraction thereof that the employing unit
22226is delinquent, unless the Department of Economic Opportunity
22227agency or the Department of Revenue its service provider,
22228whichever required the report, finds that the employing unit has
22229good reason for failing to file the report. The Department of
22230Economic Opportunity The agency or the Department of Revenue its
22231service provider may assess penalties only through the date of
22232the issuance of the final assessment notice. However, additional
22233penalties accrue if the delinquent report is subsequently filed.
22234     2.a.  An employing unit that files an erroneous,
22235incomplete, or insufficient report with the Department of
22236Economic Opportunity the Agency for Workforce Innovation or the
22237Department of Revenue its tax collection service provider shall
22238pay a penalty. The amount of the penalty is $50 or 10 percent of
22239any tax due, whichever is greater, but no more than $300 per
22240report. The penalty shall be added to any tax, penalty, or
22241interest otherwise due.
22242     b.  The Department of Economic Opportunity The agency or
22243the Department of Revenue its tax collection service provider
22244shall waive the penalty if the employing unit files an accurate,
22245complete, and sufficient report within 30 days after a penalty
22246notice is issued to the employing unit. The penalty may not be
22247waived pursuant to this subparagraph more than one time during a
2224812-month period.
22249     c.  As used in this subsection, the term "erroneous,
22250incomplete, or insufficient report" means a report so lacking in
22251information, completeness, or arrangement that the report cannot
22252be readily understood, verified, or reviewed. Such reports
22253include, but are not limited to, reports having missing wage or
22254employee information, missing or incorrect social security
22255numbers, or illegible entries; reports submitted in a format
22256that is not approved by the Department of Economic Opportunity
22257the agency or the Department of Revenue its tax collection
22258service provider; and reports showing gross wages that do not
22259equal the total of the wages of each employee. However, the term
22260does not include a report that merely contains inaccurate data
22261that was supplied to the employer by the employee, if the
22262employer was unaware of the inaccuracy.
22263     3.  Penalties imposed pursuant to this paragraph shall be
22264deposited in the Special Employment Security Administration
22265Trust Fund.
22266     4.  The penalty and interest for a delinquent, erroneous,
22267incomplete, or insufficient report may be waived if the penalty
22268or interest is inequitable. The provisions of s. 213.24(1) apply
22269to any penalty or interest that is imposed under this section.
22270     (c)  Application of partial payments.-If a delinquency
22271exists in the employment record of an employer not in
22272bankruptcy, a partial payment less than the total delinquency
22273amount shall be applied to the employment record as the payor
22274directs. In the absence of specific direction, the partial
22275payment shall be applied to the payor's employment record as
22276prescribed in the rules of the Department of Economic
22277Opportunity the Agency for Workforce Innovation or the
22278Department of Revenue state agency providing tax collection
22279services.
22280     (f)  Adoption of rules.-The Department of Economic
22281Opportunity The Agency for Workforce Innovation and the
22282Department of Revenue the state agency providing unemployment
22283tax collection services may adopt rules to administer this
22284subsection.
22285     (2)  REPORTS, CONTRIBUTIONS, APPEALS.-
22286     (a)  Failure to make reports and pay contributions.-If an
22287employing unit determined by the Department of Revenue tax
22288collection service provider to be an employer subject to this
22289chapter fails to make and file any report as and when required
22290by this chapter or by any rule of the Department of Economic
22291Opportunity the Agency for Workforce Innovation or the
22292Department of Revenue state agency providing tax collection
22293services, for the purpose of determining the amount of
22294contributions due by the employer under this chapter, or if any
22295filed report is found by the Department of Revenue service
22296provider to be incorrect or insufficient, and the employer,
22297after being notified in writing by the Department of Revenue
22298service provider to file the report, or a corrected or
22299sufficient report, as applicable, fails to file the report
22300within 15 days after the date of the mailing of the notice, the
22301Department of Revenue tax collection service provider may:
22302     1.  Determine the amount of contributions due from the
22303employer based on the information readily available to it, which
22304determination is deemed to be prima facie correct;
22305     2.  Assess the employer the amount of contributions
22306determined to be due; and
22307     3.  Immediately notify the employer by mail of the
22308determination and assessment including penalties as provided in
22309this chapter, if any, added and assessed, and demand payment
22310together with interest on the amount of contributions from the
22311date that amount was due and payable.
22312     (b)  Hearings.-The determination and assessment are final
2231315 days after the date the assessment is mailed unless the
22314employer files with the Department of Revenue tax collection
22315service provider within the 15 days a written protest and
22316petition for hearing specifying the objections thereto. The
22317Department of Revenue tax collection service provider shall
22318promptly review each petition and may reconsider its
22319determination and assessment in order to resolve the
22320petitioner's objections. The Department of Revenue tax
22321collection service provider shall forward each petition
22322remaining unresolved to the Department of Economic Opportunity
22323the Agency for Workforce Innovation for a hearing on the
22324objections. Upon receipt of a petition, the Department of
22325Economic Opportunity the Agency for Workforce Innovation shall
22326schedule a hearing and notify the petitioner of the time and
22327place of the hearing. The Department of Economic Opportunity The
22328Agency for Workforce Innovation may appoint special deputies to
22329conduct hearings and to submit their findings together with a
22330transcript of the proceedings before them and their
22331recommendations to the Department of Economic Opportunity the
22332agency for its final order. Special deputies are subject to the
22333prohibition against ex parte communications in s. 120.66. At any
22334hearing conducted by the Department of Economic Opportunity the
22335Agency for Workforce Innovation or its special deputy, evidence
22336may be offered to support the determination and assessment or to
22337prove it is incorrect. In order to prevail, however, the
22338petitioner must either prove that the determination and
22339assessment are incorrect or file full and complete corrected
22340reports. Evidence may also be submitted at the hearing to rebut
22341the determination by the Department of Revenue tax collection
22342service provider that the petitioner is an employer under this
22343chapter. Upon evidence taken before it or upon the transcript
22344submitted to it with the findings and recommendation of its
22345special deputy, the Department of Economic Opportunity the
22346Agency for Workforce Innovation shall either set aside the
22347Department of Revenue's tax collection service provider's
22348determination that the petitioner is an employer under this
22349chapter or reaffirm the determination. The amounts assessed
22350under the final order, together with interest and penalties,
22351must be paid within 15 days after notice of the final order is
22352mailed to the employer, unless judicial review is instituted in
22353a case of status determination. Amounts due when the status of
22354the employer is in dispute are payable within 15 days after the
22355entry of an order by the court affirming the determination.
22356However, any determination that an employing unit is not an
22357employer under this chapter does not affect the benefit rights
22358of any individual as determined by an appeals referee or the
22359commission unless:
22360     1.  The individual is made a party to the proceedings
22361before the special deputy; or
22362     2.  The decision of the appeals referee or the commission
22363has not become final or the employing unit and the Department of
22364Economic Opportunity the Agency for Workforce Innovation were
22365not made parties to the proceedings before the appeals referee
22366or the commission.
22367     (c)  Appeals.-The Department of Economic Opportunity The
22368Agency for Workforce Innovation and the Department of Revenue
22369the state agency providing unemployment tax collection services
22370shall adopt rules prescribing the procedures for an employing
22371unit determined to be an employer to file an appeal and be
22372afforded an opportunity for a hearing on the determination.
22373Pending a hearing, the employing unit must file reports and pay
22374contributions in accordance with s. 443.131.
22375     (3)  COLLECTION PROCEEDINGS.-
22376     (f)  Reproductions.-In any proceedings in any court under
22377this chapter, reproductions of the original records of the
22378Department of Economic Opportunity the Agency for Workforce
22379Innovation, the Department of Revenue its tax collection service
22380provider, the former Agency for Workforce Innovation, the former
22381Department of Labor and Employment Security, or the commission,
22382including, but not limited to, photocopies or microfilm, are
22383primary evidence in lieu of the original records or of the
22384documents that were transcribed into those records.
22385     (g)  Jeopardy assessment and warrant.-If the Department of
22386Revenue tax collection service provider reasonably believes that
22387the collection of contributions or reimbursements from an
22388employer will be jeopardized by delay, the Department of Revenue
22389service provider may assess the contributions or reimbursements
22390immediately, together with interest or penalties when due,
22391regardless of whether the contributions or reimbursements
22392accrued are due, and may immediately issue a notice of lien and
22393jeopardy warrant upon which proceedings may be conducted as
22394provided in this section for notice of lien and warrant of the
22395Department of Revenue service provider. Within 15 days after
22396mailing the notice of lien by registered mail, the employer may
22397protest the issuance of the lien in the same manner provided in
22398paragraph (2)(a). The protest does not operate as a supersedeas
22399or stay of enforcement unless the employer files with the
22400sheriff seeking to enforce the warrant a good and sufficient
22401surety bond in twice the amount demanded by the notice of lien
22402or warrant. The bond must be conditioned upon payment of the
22403amount subsequently found to be due from the employer to the
22404Department of Revenue tax collection service provider in the
22405final order of the Department of Economic Opportunity the Agency
22406for Workforce Innovation upon protest of assessment. The
22407jeopardy warrant and notice of lien are satisfied in the manner
22408provided in this section upon payment of the amount finally
22409determined to be due from the employer. If enforcement of the
22410jeopardy warrant is not superseded as provided in this section,
22411the employer is entitled to a refund from the fund of all
22412amounts paid as contributions or reimbursements in excess of the
22413amount finally determined to be due by the employer upon
22414application being made as provided in this chapter.
22415     (4)  MISCELLANEOUS PROVISIONS FOR COLLECTION OF
22416CONTRIBUTIONS AND REIMBURSEMENTS.-
22417     (c)  Any agent or employee designated by the Department of
22418Economic Opportunity the Agency for Workforce Innovation or the
22419Department of Revenue its tax collection service provider may
22420administer an oath to any person for any return or report
22421required by this chapter or by the rules of the Department of
22422Economic Opportunity the Agency for Workforce Innovation or the
22423Department of Revenue the state agency providing unemployment
22424tax collection services, and an oath made before the Department
22425of Economic Opportunity the agency or the Department of Revenue
22426its service provider or any authorized agent or employee has the
22427same effect as an oath made before any judicial officer or
22428notary public of the state.
22429     Section 494.  Section 443.151, Florida Statutes, is amended
22430to read:
22431     443.151  Procedure concerning claims.-
22432     (1)  POSTING OF INFORMATION.-
22433     (a)  Each employer must post and maintain in places readily
22434accessible to individuals in her or his employ printed
22435statements concerning benefit rights, claims for benefits, and
22436other matters relating to the administration of this chapter as
22437the Department of Economic Opportunity the Agency for Workforce
22438Innovation may by rule prescribe. Each employer must supply to
22439individuals copies of printed statements or other materials
22440relating to claims for benefits as directed by the agency's
22441rules of the Department of Economic Opportunity. The Department
22442of Economic Opportunity The Agency for Workforce Innovation
22443shall supply these printed statements and other materials to
22444each employer without cost to the employer.
22445     (b)1.  The Department of Economic Opportunity The Agency
22446for Workforce Innovation shall advise each individual filing a
22447new claim for unemployment compensation, at the time of filing
22448the claim, that:
22449     a.  Unemployment compensation is subject to federal income
22450tax.
22451     b.  Requirements exist pertaining to estimated tax
22452payments.
22453     c.  The individual may elect to have federal income tax
22454deducted and withheld from the individual's payment of
22455unemployment compensation at the amount specified in the federal
22456Internal Revenue Code.
22457     d.  The individual is not permitted to change a previously
22458elected withholding status more than twice per calendar year.
22459     2.  Amounts deducted and withheld from unemployment
22460compensation must remain in the Unemployment Compensation Trust
22461Fund until transferred to the federal taxing authority as
22462payment of income tax.
22463     3.  The Department of Economic Opportunity The Agency for
22464Workforce Innovation shall follow all procedures specified by
22465the United States Department of Labor and the federal Internal
22466Revenue Service pertaining to the deducting and withholding of
22467income tax.
22468     4.  If more than one authorized request for deduction and
22469withholding is made, amounts must be deducted and withheld in
22470accordance with the following priorities:
22471     a.  Unemployment overpayments have first priority;
22472     b.  Child support payments have second priority; and
22473     c.  Withholding under this subsection has third priority.
22474     (2)  FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
22475CLAIMANTS AND EMPLOYERS.-
22476     (a)  In general.-Claims for benefits must be made in
22477accordance with the rules adopted by the Department of Economic
22478Opportunity the Agency for Workforce Innovation. The Department
22479of Economic Opportunity The agency must notify claimants and
22480employers regarding monetary and nonmonetary determinations of
22481eligibility. Investigations of issues raised in connection with
22482a claimant which may affect a claimant's eligibility for
22483benefits or charges to an employer's employment record shall be
22484conducted by the Department of Economic Opportunity the agency
22485through written, telephonic, or electronic means as prescribed
22486by rule.
22487     (b)  Process.-When the Unemployment Compensation Claims and
22488Benefits Information System described in s. 443.1113 is fully
22489operational, the process for filing claims must incorporate the
22490process for registering for work with the workforce information
22491systems established pursuant to s. 445.011. A claim for benefits
22492may not be processed until the work registration requirement is
22493satisfied. The Department of Economic Opportunity The Agency for
22494Workforce Innovation may adopt rules as necessary to administer
22495the work registration requirement set forth in this paragraph.
22496     (3)  DETERMINATION OF ELIGIBILITY.-
22497     (a)  Notices of claim.-The Department of Economic
22498Opportunity The Agency for Workforce Innovation shall promptly
22499provide a notice of claim to the claimant's most recent
22500employing unit and all employers whose employment records are
22501liable for benefits under the monetary determination. The
22502employer must respond to the notice of claim within 20 days
22503after the mailing date of the notice, or in lieu of mailing,
22504within 20 days after the delivery of the notice. If a
22505contributing employer fails to timely respond to the notice of
22506claim, the employer's account may not be relieved of benefit
22507charges as provided in s. 443.131(3)(a), notwithstanding
22508paragraph (5)(b). The Department of Economic Opportunity The
22509agency may adopt rules as necessary to implement the processes
22510described in this paragraph relating to notices of claim.
22511     (b)  Monetary determinations.-In addition to the notice of
22512claim, the Department of Economic Opportunity the agency shall
22513also promptly provide an initial monetary determination to the
22514claimant and each base period employer whose account is subject
22515to being charged for its respective share of benefits on the
22516claim. The monetary determination must include a statement of
22517whether and in what amount the claimant is entitled to benefits,
22518and, in the event of a denial, must state the reasons for the
22519denial. A monetary determination for the first week of a benefit
22520year must also include a statement of whether the claimant was
22521paid the wages required under s. 443.091(1)(g) and, if so, the
22522first day of the benefit year, the claimant's weekly benefit
22523amount, and the maximum total amount of benefits payable to the
22524claimant for a benefit year. The monetary determination is final
22525unless within 20 days after the mailing of the notices to the
22526parties' last known addresses, or in lieu of mailing, within 20
22527days after the delivery of the notices, an appeal or written
22528request for reconsideration is filed by the claimant or other
22529party entitled to notice. The Department of Economic Opportunity
22530The agency may adopt rules as necessary to implement the
22531processes described in this paragraph relating to notices of
22532monetary determinations and the appeals or reconsideration
22533requests filed in response to such notices.
22534     (c)  Nonmonetary determinations.-If the Department of
22535Economic Opportunity the agency receives information that may
22536result in a denial of benefits, the Department of Economic
22537Opportunity the agency must complete an investigation of the
22538claim required by subsection (2) and provide notice of a
22539nonmonetary determination to the claimant and the employer from
22540whom the claimant's reason for separation affects his or her
22541entitlement to benefits. The determination must state the reason
22542for the determination and whether the unemployment tax account
22543of the contributing employer is charged for benefits paid on the
22544claim. The nonmonetary determination is final unless within 20
22545days after the mailing of the notices to the parties' last known
22546addresses, or in lieu of mailing, within 20 days after the
22547delivery of the notices, an appeal or written request for
22548reconsideration is filed by the claimant or other party entitled
22549to notice. The Department of Economic Opportunity The agency may
22550adopt rules as necessary to implement the processes described in
22551this paragraph relating to notices of nonmonetary determination
22552and the appeals or reconsideration requests filed in response to
22553such notices, and may adopt rules prescribing the manner and
22554procedure by which employers within the base period of a
22555claimant become entitled to notice of nonmonetary determination.
22556     (d)  Determinations in labor dispute cases.-Whenever any
22557claim involves a labor dispute described in s. 443.101(4), the
22558Department of Economic Opportunity the Agency for Workforce
22559Innovation shall promptly assign the claim to a special examiner
22560who shall make a determination on the issues involving
22561unemployment due to the labor dispute. The special examiner
22562shall make the determination after an investigation, as
22563necessary. The claimant or another party entitled to notice of
22564the determination may appeal a determination under subsection
22565(4).
22566     (e)  Redeterminations.-
22567     1.  The Department of Economic Opportunity The Agency for
22568Workforce Innovation may reconsider a determination if it finds
22569an error or if new evidence or information pertinent to the
22570determination is discovered after a prior determination or
22571redetermination. A redetermination may not be made more than 1
22572year after the last day of the benefit year unless the
22573disqualification for making a false or fraudulent representation
22574under s. 443.101(6) is applicable, in which case the
22575redetermination may be made within 2 years after the false or
22576fraudulent representation. The Department of Economic
22577Opportunity The agency must promptly give notice of
22578redetermination to the claimant and to any employers entitled to
22579notice in the manner prescribed in this section for the notice
22580of an initial determination.
22581     2.  If the amount of benefits is increased by the
22582redetermination, an appeal of the redetermination based solely
22583on the increase may be filed as provided in subsection (4). If
22584the amount of benefits is decreased by the redetermination, the
22585redetermination may be appealed by the claimant if a subsequent
22586claim for benefits is affected in amount or duration by the
22587redetermination. If the final decision on the determination or
22588redetermination to be reconsidered was made by an appeals
22589referee, the commission, or a court, the Department of Economic
22590Opportunity the Agency for Workforce Innovation may apply for a
22591revised decision from the body or court that made the final
22592decision.
22593     3.  If an appeal of an original determination is pending
22594when a redetermination is issued, the appeal unless withdrawn is
22595treated as an appeal from the redetermination.
22596     (4)  APPEALS.-
22597     (a)  Appeals referees.-The Department of Economic
22598Opportunity The Agency for Workforce Innovation shall appoint
22599one or more impartial salaried appeals referees in accordance
22600with s. 443.171(3) to hear and decide appealed claims. A person
22601may not participate on behalf of the Department of Economic
22602Opportunity the Agency for Workforce Innovation as an appeals
22603referee in any case in which she or he is an interested party.
22604The Department of Economic Opportunity The Agency for Workforce
22605Innovation may designate alternates to serve in the absence or
22606disqualification of any appeals referee on a temporary basis.
22607These alternates must have the same qualifications required of
22608appeals referees. The Department of Economic Opportunity The
22609Agency for Workforce Innovation shall provide the commission and
22610the appeals referees with proper facilities and assistance for
22611the execution of their functions.
22612     (b)  Filing and hearing.-
22613     1.  The claimant or any other party entitled to notice of a
22614determination may appeal an adverse determination to an appeals
22615referee within 20 days after the date of mailing of the notice
22616to her or his last known address or, if the notice is not
22617mailed, within 20 days after the date of delivery of the notice.
22618     2.  Unless the appeal is untimely or withdrawn or review is
22619initiated by the commission, the appeals referee, after mailing
22620all parties and attorneys of record a notice of hearing at least
2262110 days before the date of hearing, notwithstanding the 14-day
22622notice requirement in s. 120.569(2)(b), may only affirm, modify,
22623or reverse the determination. An appeal may not be withdrawn
22624without the permission of the appeals referee.
22625     3.  However, when an appeal appears to have been filed
22626after the permissible time limit, the Office of Appeals may
22627issue an order to show cause to the appellant, requiring the
22628appellant to show why the appeal should not be dismissed as
22629untimely. If the appellant does not, within 15 days after the
22630mailing date of the order to show cause, provide written
22631evidence of timely filing or good cause for failure to appeal
22632timely, the appeal shall be dismissed.
22633     4.  When an appeal involves a question of whether services
22634were performed by a claimant in employment or for an employer,
22635the referee must give special notice of the question and of the
22636pendency of the appeal to the employing unit and to the
22637Department of Economic Opportunity the Agency for Workforce
22638Innovation, both of which become parties to the proceeding.
22639     5.  The parties must be notified promptly of the referee's
22640decision. The referee's decision is final unless further review
22641is initiated under paragraph (c) within 20 days after the date
22642of mailing notice of the decision to the party's last known
22643address or, in lieu of mailing, within 20 days after the
22644delivery of the notice.
22645     (c)  Review by commission.-The commission may, on its own
22646motion, within the time limit in paragraph (b), initiate a
22647review of the decision of an appeals referee. The commission may
22648also allow the Department of Economic Opportunity the Agency for
22649Workforce Innovation or any adversely affected party entitled to
22650notice of the decision to appeal the decision by filing an
22651application within the time limit in paragraph (b). An adversely
22652affected party has the right to appeal the decision if the
22653Department of Economic Opportunity's the Agency for Workforce
22654Innovation's determination is not affirmed by the appeals
22655referee. The commission may affirm, modify, or reverse the
22656findings and conclusions of the appeals referee based on
22657evidence previously submitted in the case or based on additional
22658evidence taken at the direction of the commission. The
22659commission may assume jurisdiction of or transfer to another
22660appeals referee the proceedings on any claim pending before an
22661appeals referee. Any proceeding in which the commission assumes
22662jurisdiction before completion must be heard by the commission
22663in accordance with the requirement of this subsection for
22664proceedings before an appeals referee. When the commission
22665denies an application to hear an appeal of an appeals referee's
22666decision, the decision of the appeals referee is the decision of
22667the commission for purposes of this paragraph and is subject to
22668judicial review within the same time and manner as decisions of
22669the commission, except that the time for initiating review runs
22670from the date of notice of the commission's order denying the
22671application to hear an appeal.
22672     (d)  Procedure.-The manner that appealed claims are
22673presented must comply with the commission's rules. Witnesses
22674subpoenaed under this section are allowed fees at the rate
22675established by s. 92.142, and fees of witnesses subpoenaed on
22676behalf of the Department of Economic Opportunity the Agency for
22677Workforce Innovation or any claimant are deemed part of the
22678expense of administering this chapter.
22679     (e)  Judicial review.-Orders of the commission entered
22680under paragraph (c) are subject to review only by notice of
22681appeal in the district court of appeal in the appellate district
22682in which the issues involved were decided by an appeals referee.
22683Notwithstanding chapter 120, the commission is a party
22684respondent to every such proceeding. The Department of Economic
22685Opportunity The Agency for Workforce Innovation may initiate
22686judicial review of orders in the same manner and to the same
22687extent as any other party.
22688     (5)  PAYMENT OF BENEFITS.-
22689     (a)  The Department of Economic Opportunity The Agency for
22690Workforce Innovation shall promptly pay benefits in accordance
22691with a determination or redetermination regardless of any appeal
22692or pending appeal. Before payment of benefits to the claimant,
22693however, each employer who is liable for reimbursements in lieu
22694of contributions for payment of the benefits must be notified,
22695at the address on file with the Department of Economic
22696Opportunity the Agency for Workforce Innovation or the
22697Department of Revenue its tax collection service provider, of
22698the initial determination of the claim and must be given 10 days
22699to respond.
22700     (b)  The Department of Economic Opportunity The Agency for
22701Workforce Innovation shall promptly pay benefits, regardless of
22702whether a determination is under appeal if the determination
22703allowing benefits is affirmed in any amount by an appeals
22704referee or is affirmed by the commission, or if a decision of an
22705appeals referee allowing benefits is affirmed in any amount by
22706the commission. In these instances, a court may not issue an
22707injunction, supersedeas, stay, or other writ or process
22708suspending payment of benefits. A contributing employer that
22709responded to the notice of claim within the time limit provided
22710in subsection (3) may not, however, be charged with benefits
22711paid under an erroneous determination if the decision is
22712ultimately reversed. Benefits are not paid for any subsequent
22713weeks of unemployment involved in a reversal.
22714     (c)  The provisions of paragraph (b) relating to charging
22715an employer liable for contributions do not apply to reimbursing
22716employers.
22717     (6)  RECOVERY AND RECOUPMENT.-
22718     (a)  Any person who, by reason of her or his fraud,
22719receives benefits under this chapter to which she or he is not
22720entitled is liable for repaying those benefits to the Department
22721of Economic Opportunity the Agency for Workforce Innovation on
22722behalf of the trust fund or, in the agency's discretion of the
22723Department of Economic Opportunity, to have those benefits
22724deducted from future benefits payable to her or him under this
22725chapter. To enforce this paragraph, the Department of Economic
22726Opportunity the agency must find the existence of fraud through
22727a redetermination or decision under this section within 2 years
22728after the fraud was committed. Any recovery or recoupment of
22729benefits must be effected within 5 years after the
22730redetermination or decision.
22731     (b)  Any person who, by reason other than her or his fraud,
22732receives benefits under this chapter to which, under a
22733redetermination or decision pursuant to this section, she or he
22734is not entitled, is liable for repaying those benefits to the
22735Department of Economic Opportunity the Agency for Workforce
22736Innovation on behalf of the trust fund or, in the agency's
22737discretion of the Department of Economic Opportunity, to have
22738those benefits deducted from any future benefits payable to her
22739or him under this chapter. Any recovery or recoupment of
22740benefits must be effected within 3 years after the
22741redetermination or decision.
22742     (c)  Any person who, by reason other than fraud, receives
22743benefits under this chapter to which she or he is not entitled
22744as a result of an employer's failure to respond to a claim
22745within the timeframe provided in subsection (3) is not liable
22746for repaying those benefits to the Department of Economic
22747Opportunity the Agency for Workforce Innovation on behalf of the
22748trust fund or to have those benefits deducted from any future
22749benefits payable to her or him under this chapter.
22750     (d)  Recoupment from future benefits is not permitted if
22751the benefits are received by any person without fault on the
22752person's part and recoupment would defeat the purpose of this
22753chapter or would be inequitable and against good conscience.
22754     (e)  The Department of Economic Opportunity The Agency for
22755Workforce Innovation shall collect the repayment of benefits
22756without interest by the deduction of benefits through a
22757redetermination or by a civil action.
22758     (f)  Notwithstanding any other provision of this chapter,
22759any person who is determined by this state, a cooperating state
22760agency, the United States Secretary of Labor, or a court to have
22761received any payments under the Trade Act of 1974, as amended,
22762to which the person was not entitled shall have those payments
22763deducted from any regular benefits, as defined in s.
22764443.1115(1)(e), payable to her or him under this chapter. Each
22765such deduction may not exceed 50 percent of the amount otherwise
22766payable. The payments deducted shall be remitted to the agency
22767that issued the payments under the Trade Act of 1974, as
22768amended, for return to the United States Treasury. Except for
22769overpayments determined by a court, a deduction may not be made
22770under this paragraph until a determination by the state agency
22771or the United States Secretary of Labor is final.
22772     (7)  REPRESENTATION IN ADMINISTRATIVE PROCEEDINGS.-In any
22773administrative proceeding conducted under this chapter, an
22774employer or a claimant has the right, at his or her own expense,
22775to be represented by counsel or by an authorized representative.
22776Notwithstanding s. 120.62(2), the authorized representative need
22777not be a qualified representative.
22778     (8)  BILINGUAL REQUIREMENTS.-
22779     (a)  The Department of Economic Opportunity The Agency for
22780Workforce Innovation shall provide printed bilingual
22781instructional and educational materials in the appropriate
22782language in those counties in which 5 percent or more of the
22783households in the county are classified as a single-language
22784minority.
22785     (b)  The Department of Economic Opportunity The Agency for
22786Workforce Innovation shall ensure that one-stop career centers
22787and appeals offices located in counties subject to the
22788requirements of paragraph (c) prominently post notices in the
22789appropriate languages and that translators are available in
22790those centers and offices.
22791     (c)  As used in this subsection, the term "single-language
22792minority" means households that speak the same non-English
22793language and that do not contain an adult fluent in English. The
22794Department of Economic Opportunity The Agency for Workforce
22795Innovation shall develop estimates of the percentages of single-
22796language minority households for each county by using data from
22797the United States Bureau of the Census.
22798     Section 495.  Subsection (1), paragraphs (a) and (c) of
22799subsection (3), and subsection (4) of section 443.163, Florida
22800Statutes, are amended to read:
22801     443.163  Electronic reporting and remitting of
22802contributions and reimbursements.-
22803     (1)  An employer may file any report and remit any
22804contributions or reimbursements required under this chapter by
22805electronic means. The Department of Economic Opportunity The
22806Agency for Workforce Innovation or the Department of Revenue the
22807state agency providing unemployment tax collection services
22808shall adopt rules prescribing the format and instructions
22809necessary for electronically filing reports and remitting
22810contributions and reimbursements to ensure a full collection of
22811contributions and reimbursements due. The acceptable method of
22812transfer, the method, form, and content of the electronic means,
22813and the method, if any, by which the employer will be provided
22814with an acknowledgment shall be prescribed by the Department of
22815Economic Opportunity the Agency for Workforce Innovation or the
22816Department of Revenue its tax collection service provider.
22817However, any employer who employed 10 or more employees in any
22818quarter during the preceding state fiscal year must file the
22819Employers Quarterly Reports (UCT-6) for the current calendar
22820year and remit the contributions and reimbursements due by
22821electronic means approved by the Department of Revenue tax
22822collection service provider. A person who prepared and reported
22823for 100 or more employers in any quarter during the preceding
22824state fiscal year must file the Employers Quarterly Reports
22825(UCT-6) for each calendar quarter in the current calendar year,
22826beginning with reports due for the second calendar quarter of
228272003, by electronic means approved by the Department of Revenue
22828tax collection service provider.
22829     (3)  The Department of Revenue tax collection service
22830provider may waive the requirement to file an Employers
22831Quarterly Report (UCT-6) by electronic means for employers that
22832are unable to comply despite good faith efforts or due to
22833circumstances beyond the employer's reasonable control.
22834     (a)  As prescribed by the Department of Economic
22835Opportunity the Agency for Workforce Innovation or the
22836Department of Revenue its tax collection service provider,
22837grounds for approving the waiver include, but are not limited
22838to, circumstances in which the employer does not:
22839     1.  Currently file information or data electronically with
22840any business or government agency; or
22841     2.  Have a compatible computer that meets or exceeds the
22842standards prescribed by the Department of Economic Opportunity
22843the Agency for Workforce Innovation or the Department of Revenue
22844its tax collection service provider.
22845     (c)  The Department of Economic Opportunity The Agency for
22846Workforce Innovation or the Department of Revenue the state
22847agency providing unemployment tax collection services may
22848establish by rule the length of time a waiver is valid and may
22849determine whether subsequent waivers will be authorized, based
22850on this subsection.
22851     (4)  As used in this section, the term "electronic means"
22852includes, but is not limited to, electronic data interchange;
22853electronic funds transfer; and use of the Internet, telephone,
22854or other technology specified by the Department of Economic
22855Opportunity the Agency for Workforce Innovation or the
22856Department of Revenue its tax collection service provider.
22857     Section 496.  Section 443.171, Florida Statutes, is amended
22858to read:
22859     443.171  The Department of Economic Opportunity Agency for
22860Workforce Innovation and commission; powers and duties; records
22861and reports; proceedings; state-federal cooperation.-
22862     (1)  POWERS AND DUTIES.-The Department of Economic
22863Opportunity The Agency for Workforce Innovation shall administer
22864this chapter. The Department of Economic Opportunity The agency
22865may employ those persons, make expenditures, require reports,
22866conduct investigations, and take other action necessary or
22867suitable to administer this chapter. The Department of Economic
22868Opportunity The Agency for Workforce Innovation shall annually
22869submit information to Workforce Florida, Inc., covering the
22870administration and operation of this chapter during the
22871preceding calendar year for inclusion in the strategic plan
22872under s. 445.006 and may make recommendations for amendment to
22873this chapter.
22874     (2)  PUBLICATION OF ACTS AND RULES.-The Department of
22875Economic Opportunity The Agency for Workforce Innovation shall
22876cause to be printed and distributed to the public, or otherwise
22877distributed to the public through the Internet or similar
22878electronic means, the text of this chapter and of the rules for
22879administering this chapter adopted by the Department of Economic
22880Opportunity the agency or the Department of Revenue the state
22881agency providing unemployment tax collection services and any
22882other matter relevant and suitable. The Department of Economic
22883Opportunity The Agency for Workforce Innovation shall furnish
22884this information to any person upon request. However, any
22885pamphlet, rules, circulars, or reports required by this chapter
22886may not contain any matter except the actual data necessary to
22887complete them or the actual language of the rule, together with
22888the proper notices.
22889     (3)  PERSONNEL.-Subject to chapter 110 and the other
22890provisions of this chapter, the Department of Economic
22891Opportunity the Agency for Workforce Innovation may appoint, set
22892the compensation of, and prescribe the duties and powers of
22893employees, accountants, attorneys, experts, and other persons as
22894necessary for the performance of the agency's duties of the
22895Department of Economic Opportunity under this chapter. The
22896Department of Economic Opportunity The Agency for Workforce
22897Innovation may delegate to any person its power and authority
22898under this chapter as necessary for the effective administration
22899of this chapter and may bond any person handling moneys or
22900signing checks under this chapter. The cost of these bonds must
22901be paid from the Employment Security Administration Trust Fund.
22902     (4)  EMPLOYMENT STABILIZATION.-The Department of Economic
22903Opportunity The Agency for Workforce Innovation, under the
22904direction of Workforce Florida, Inc., shall take all appropriate
22905steps to reduce and prevent unemployment; to encourage and
22906assist in the adoption of practical methods of career training,
22907retraining, and career guidance; to investigate, recommend,
22908advise, and assist in the establishment and operation, by
22909municipalities, counties, school districts, and the state, of
22910reserves for public works to be used in times of business
22911depression and unemployment; to promote the reemployment of the
22912unemployed workers throughout the state in every other way that
22913may be feasible; to refer any claimant entitled to extended
22914benefits to suitable work which meets the criteria of this
22915chapter; and, to these ends, to carry on and publish the results
22916of investigations and research studies.
22917     (5)  RECORDS AND REPORTS.-Each employing unit shall keep
22918true and accurate work records, containing the information
22919required by the Department of Economic Opportunity the Agency
22920for Workforce Innovation or the Department of Revenue its tax
22921collection service provider. These records must be open to
22922inspection and are subject to being copied by the Department of
22923Economic Opportunity the Agency for Workforce Innovation or the
22924Department of Revenue its tax collection service provider at any
22925reasonable time and as often as necessary. The Department of
22926Economic Opportunity The Agency for Workforce Innovation or the
22927Department of Revenue its tax collection service provider may
22928require from any employing unit any sworn or unsworn reports,
22929for persons employed by the employing unit, necessary for the
22930effective administration of this chapter. However, a state or
22931local governmental agency performing intelligence or
22932counterintelligence functions need not report an employee if the
22933head of that agency determines that reporting the employee could
22934endanger the safety of the employee or compromise an ongoing
22935investigation or intelligence mission. Information revealing the
22936employing unit's or individual's identity obtained from the
22937employing unit or from any individual through the administration
22938of this chapter, is, except to the extent necessary for the
22939proper presentation of a claim or upon written authorization of
22940the claimant who has a workers' compensation claim pending,
22941confidential and exempt from s. 119.07(1). This confidential
22942information is available only to public employees in the
22943performance of their public duties. Any claimant, or the
22944claimant's legal representative, at a hearing before an appeals
22945referee or the commission must be supplied with information from
22946these records to the extent necessary for the proper
22947presentation of her or his claim. Any employee or member of the
22948commission, any employee of the Department of Economic
22949Opportunity the Agency for Workforce Innovation or the
22950Department of Revenue its tax collection service provider, or
22951any other person receiving confidential information who violates
22952this subsection commits a misdemeanor of the second degree,
22953punishable as provided in s. 775.082 or s. 775.083. However, the
22954Department of Economic Opportunity the Agency for Workforce
22955Innovation or the Department of Revenue its tax collection
22956service provider may furnish to any employer copies of any
22957report previously submitted by that employer, upon the request
22958of the employer. The Department of Economic Opportunity The
22959Agency for Workforce Innovation or the Department of Revenue its
22960tax collection service provider may charge a reasonable fee for
22961copies of reports, which may not exceed the actual reasonable
22962cost of the preparation of the copies as prescribed by rules
22963adopted by the Department of Economic Opportunity the Agency for
22964Workforce Innovation or the Department of Revenue state agency
22965providing tax collection services. Fees received by the
22966Department of Economic Opportunity the Agency for Workforce
22967Innovation or the Department of Revenue its tax collection
22968service provider for copies furnished under this subsection must
22969be deposited in the Employment Security Administration Trust
22970Fund.
22971     (6)  OATHS AND WITNESSES.-In the discharge of the duties
22972imposed by this chapter, the Department of Economic Opportunity
22973the Agency for Workforce Innovation, the Department of Revenue
22974its tax collection service provider, the members of the
22975commission, and any authorized representative of any of these
22976entities may administer oaths and affirmations, take
22977depositions, certify to official acts, and issue subpoenas to
22978compel the attendance of witnesses and the production of books,
22979papers, correspondence, memoranda, and other records deemed
22980necessary as evidence in connection with the administration of
22981this chapter.
22982     (7)  SUBPOENAS.-If a person refuses to obey a subpoena
22983issued to that person, any court of this state within the
22984jurisdiction of which the inquiry is carried on, or within the
22985jurisdiction of which the person is found, resides, or transacts
22986business, upon application by the Department of Economic
22987Opportunity the Agency for Workforce Innovation, the Department
22988of Revenue its tax collection service provider, the commission,
22989or any authorized representative of any of these entities has
22990jurisdiction to order the person to appear before the entity to
22991produce evidence or give testimony on the matter under
22992investigation or in question. Failure to obey the order of the
22993court may be punished by the court as contempt. Any person who
22994fails or refuses without just cause to appear or testify; to
22995answer any lawful inquiry; or to produce books, papers,
22996correspondence, memoranda, and other records within her or his
22997control as commanded in a subpoena of the Department of Economic
22998Opportunity the Agency for Workforce Innovation, the Department
22999of Revenue its tax collection service provider, the commission,
23000or any authorized representative of any of these entities
23001commits a misdemeanor of the second degree, punishable as
23002provided in s. 775.082 or s. 775.083. Each day that a violation
23003continues is a separate offense.
23004     (8)  PROTECTION AGAINST SELF-INCRIMINATION.-A person is not
23005excused from appearing or testifying, or from producing books,
23006papers, correspondence, memoranda, or other records, before the
23007Department of Economic Opportunity the Agency for Workforce
23008Innovation, the Department of Revenue its tax collection service
23009provider, the commission, or any authorized representative of
23010any of these entities or as commanded in a subpoena of any of
23011these entities in any proceeding before the Department of
23012Economic Opportunity the Agency for Workforce Innovation, the
23013commission, an appeals referee, or a special deputy on the
23014ground that the testimony or evidence, documentary or otherwise,
23015required of the person may incriminate her or him or subject her
23016or him to a penalty or forfeiture. That person may not be
23017prosecuted or subjected to any penalty or forfeiture for or on
23018account of any transaction, matter, or thing concerning which
23019she or he is compelled, after having claimed her or his
23020privilege against self-incrimination, to testify or produce
23021evidence, documentary or otherwise, except that the person
23022testifying is not exempt from prosecution and punishment for
23023perjury committed while testifying.
23024     (9)  STATE-FEDERAL COOPERATION.-
23025     (a)1.  In the administration of this chapter, the
23026Department of Economic Opportunity the Agency for Workforce
23027Innovation and the Department of Revenue its tax collection
23028service provider shall cooperate with the United States
23029Department of Labor to the fullest extent consistent with this
23030chapter and shall take those actions, through the adoption of
23031appropriate rules, administrative methods, and standards,
23032necessary to secure for this state all advantages available
23033under the provisions of federal law relating to unemployment
23034compensation.
23035     2.  In the administration of the provisions in s. 443.1115,
23036which are enacted to conform with the Federal-State Extended
23037Unemployment Compensation Act of 1970, the Department of
23038Economic Opportunity the Agency for Workforce Innovation shall
23039take those actions necessary to ensure that those provisions are
23040interpreted and applied to meet the requirements of the federal
23041act as interpreted by the United States Department of Labor and
23042to secure for this state the full reimbursement of the federal
23043share of extended benefits paid under this chapter which is
23044reimbursable under the federal act.
23045     3.  The Department of Economic Opportunity The Agency for
23046Workforce Innovation and the Department of Revenue its tax
23047collection service provider shall comply with the regulations of
23048the United States Department of Labor relating to the receipt or
23049expenditure by this state of funds granted under federal law;
23050shall submit the reports in the form and containing the
23051information the United States Department of Labor requires; and
23052shall comply with directions of the United States Department of
23053Labor necessary to assure the correctness and verification of
23054these reports.
23055     (b)  The Department of Economic Opportunity The Agency for
23056Workforce Innovation and the Department of Revenue its tax
23057collection service provider may cooperate with every agency of
23058the United States charged with administration of any
23059unemployment insurance law.
23060     (c)  The Department of Economic Opportunity The Agency for
23061Workforce Innovation and the Department of Revenue its tax
23062collection service provider shall cooperate with the agencies of
23063other states, and shall make every proper effort within their
23064means, to oppose and prevent any further action leading to the
23065complete or substantial federalization of state unemployment
23066compensation funds or state employment security programs. The
23067Department of Economic Opportunity The Agency for Workforce
23068Innovation and the Department of Revenue its tax collection
23069service provider may make, and may cooperate with other
23070appropriate agencies in making, studies as to the practicability
23071and probable cost of possible new state-administered social
23072security programs and the relative desirability of state, rather
23073than federal, action in that field of study.
23074     Section 497.  Subsections (1) and (2) of section 443.1715,
23075Florida Statutes, are amended to read:
23076     443.1715  Disclosure of information; confidentiality.-
23077     (1)  RECORDS AND REPORTS.-Information revealing an
23078employing unit's or individual's identity obtained from the
23079employing unit or any individual under the administration of
23080this chapter, and any determination revealing that information,
23081except to the extent necessary for the proper presentation of a
23082claim or upon written authorization of the claimant who has a
23083workers' compensation claim pending or is receiving compensation
23084benefits, is confidential and exempt from s. 119.07(1) and s.
2308524(a), Art. I of the State Constitution. This confidential
23086information may be released only to public employees in the
23087performance of their public duties. Except as otherwise provided
23088by law, public employees receiving this confidential information
23089must maintain the confidentiality of the information. Any
23090claimant, or the claimant's legal representative, at a hearing
23091before an appeals referee or the commission is entitled to
23092information from these records to the extent necessary for the
23093proper presentation of her or his claim. A person receiving
23094confidential information who violates this subsection commits a
23095misdemeanor of the second degree, punishable as provided in s.
23096775.082 or s. 775.083. The Department of Economic Opportunity
23097The Agency for Workforce Innovation or the Department of Revenue
23098its tax collection service provider may, however, furnish to any
23099employer copies of any report submitted by that employer upon
23100the request of the employer and may furnish to any claimant
23101copies of any report submitted by that claimant upon the request
23102of the claimant. The Department of Economic Opportunity The
23103Agency for Workforce Innovation or the Department of Revenue its
23104tax collection service provider may charge a reasonable fee for
23105copies of these reports as prescribed by rule, which may not
23106exceed the actual reasonable cost of the preparation of the
23107copies. Fees received for copies under this subsection must be
23108deposited in the Employment Security Administration Trust Fund.
23109     (2)  DISCLOSURE OF INFORMATION.-
23110     (a)  Subject to restrictions the Department of Economic
23111Opportunity the Agency for Workforce Innovation or the
23112Department of Revenue the state agency providing unemployment
23113tax collection services adopts by rule, information declared
23114confidential under this section is available to any agency of
23115this or any other state, or any federal agency, charged with the
23116administration of any unemployment compensation law or the
23117maintenance of the one-stop delivery system, or the Bureau of
23118Internal Revenue of the United States Department of the
23119Treasury, the Governor's Office of Tourism, Trade, and Economic
23120Development, or the Florida Department of Revenue. Information
23121obtained in connection with the administration of the one-stop
23122delivery system may be made available to persons or agencies for
23123purposes appropriate to the operation of a public employment
23124service or a job-preparatory or career education or training
23125program. The Department of Economic Opportunity The Agency for
23126Workforce Innovation shall, on a quarterly basis, furnish the
23127National Directory of New Hires with information concerning the
23128wages and unemployment benefits paid to individuals, by the
23129dates, in the format, and containing the information specified
23130in the regulations of the United States Secretary of Health and
23131Human Services. Upon request, the Department of Economic
23132Opportunity the Agency for Workforce Innovation shall furnish
23133any agency of the United States charged with the administration
23134of public works or assistance through public employment, and may
23135furnish to any state agency similarly charged, the name,
23136address, ordinary occupation, and employment status of each
23137recipient of benefits and the recipient's rights to further
23138benefits under this chapter. Except as otherwise provided by
23139law, the receiving agency must retain the confidentiality of
23140this information as provided in this section. The Department of
23141Revenue tax collection service provider may request the
23142Comptroller of the Currency of the United States to examine the
23143correctness of any return or report of any national banking
23144association rendered under this chapter and may in connection
23145with that request transmit any report or return for examination
23146to the Comptroller of the Currency of the United States as
23147provided in s. 3305(c) of the federal Internal Revenue Code.
23148     (b)  The employer or the employer's workers' compensation
23149carrier against whom a claim for benefits under chapter 440 has
23150been made, or a representative of either, may request from the
23151Department of Economic Opportunity the Agency for Workforce
23152Innovation records of wages of the employee reported to the
23153Department of Economic Opportunity the agency by any employer
23154for the quarter that includes the date of the accident that is
23155the subject of such claim and for subsequent quarters.
23156     1.  The request must be made with the authorization or
23157consent of the employee or any employer who paid wages to the
23158employee after the date of the accident.
23159     2.  The employer or carrier shall make the request on a
23160form prescribed by rule for such purpose by the Department of
23161Economic Opportunity the agency. Such form shall contain a
23162certification by the requesting party that it is a party
23163entitled to the information requested.
23164     3.  The Department of Economic Opportunity The agency shall
23165provide the most current information readily available within 15
23166days after receiving the request.
23167     Section 498.  Section 443.181, Florida Statutes, is amended
23168to read:
23169     443.181  Public employment service.-
23170     (1)  The one-stop delivery system established under s.
23171445.009 is this state's public employment service as part of the
23172national system of public employment offices under 29 U.S.C. s.
2317349. The Department of Economic Opportunity The Agency for
23174Workforce Innovation, under policy direction from Workforce
23175Florida, Inc., shall cooperate with any official or agency of
23176the United States having power or duties under 29 U.S.C. ss. 49-
2317749l-1 and shall perform those duties necessary to secure to this
23178state the funds provided under federal law for the promotion and
23179maintenance of the state's public employment service. In
23180accordance with 29 U.S.C. s. 49c, this state accepts 29 U.S.C.
23181ss. 49-49l-1. The Department of Economic Opportunity The Agency
23182for Workforce Innovation is designated the state agency
23183responsible for cooperating with the United States Secretary of
23184Labor under 29 U.S.C. s. 49c. The Department of Economic
23185Opportunity The Agency for Workforce Innovation shall appoint
23186sufficient employees to administer this section. The Department
23187of Economic Opportunity The Agency for Workforce Innovation may
23188cooperate with or enter into agreements with the Railroad
23189Retirement Board for the establishment, maintenance, and use of
23190one-stop career centers.
23191     (2)  All funds received by this state under 29 U.S.C. ss.
2319249-49l-1 must be paid into the Employment Security
23193Administration Trust Fund, and these funds are available to the
23194Department of Economic Opportunity the Agency for Workforce
23195Innovation for expenditure as provided by this chapter or by
23196federal law. For the purpose of establishing and maintaining
23197one-stop career centers, the Department of Economic Opportunity
23198the Agency for Workforce Innovation may enter into agreements
23199with the Railroad Retirement Board or any other agency of the
23200United States charged with the administration of an unemployment
23201compensation law, with any political subdivision of this state,
23202or with any private, nonprofit organization. As a part of any
23203such agreement, the Department of Economic Opportunity the
23204Agency for Workforce Innovation may accept moneys, services, or
23205quarters as a contribution to the Employment Security
23206Administration Trust Fund.
23207     Section 499.  Subsections (1) through (4) of section
23208443.191, Florida Statutes, are amended to read:
23209     443.191  Unemployment Compensation Trust Fund;
23210establishment and control.-
23211     (1)  There is established, as a separate trust fund apart
23212from all other public funds of this state, an Unemployment
23213Compensation Trust Fund, which shall be administered by the
23214Department of Economic Opportunity the Agency for Workforce
23215Innovation exclusively for the purposes of this chapter. The
23216fund shall consist of:
23217     (a)  All contributions and reimbursements collected under
23218this chapter;
23219     (b)  Interest earned on any moneys in the fund;
23220     (c)  Any property or securities acquired through the use of
23221moneys belonging to the fund;
23222     (d)  All earnings of these properties or securities;
23223     (e)  All money credited to this state's account in the
23224federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
232251103; and
23226     (f)  Advances on the amount in the federal Unemployment
23227Compensation Trust Fund credited to the state under 42 U.S.C. s.
232281321, as requested by the Governor or the Governor's designee.
23229
23230Except as otherwise provided in s. 443.1313(4), all moneys in
23231the fund shall be mingled and undivided.
23232     (2)  The Chief Financial Officer shall serve is the ex
23233officio as treasurer and custodian of the fund and shall
23234administer the fund in accordance with the directions of the
23235Department of Economic Opportunity the Agency for Workforce
23236Innovation. All payments from the fund must be approved by the
23237Department of Economic Opportunity the Agency for Workforce
23238Innovation or by an authorized agent. The Chief Financial
23239Officer shall maintain within the fund three separate accounts:
23240     (a)  A clearing account;
23241     (b)  An Unemployment Compensation Trust Fund account; and
23242     (c)  A benefit account.
23243
23244All moneys payable to the fund, including moneys received from
23245the United States as reimbursement for extended benefits paid by
23246the Department of Economic Opportunity the Agency for Workforce
23247Innovation, must be forwarded to the Chief Financial Officer,
23248who shall immediately deposit them in the clearing account.
23249Refunds payable under s. 443.141 may be paid from the clearing
23250account. After clearance, all other moneys in the clearing
23251account must be immediately deposited with the Secretary of the
23252Treasury of the United States to the credit of this state's
23253account in the federal Unemployment Compensation Trust Fund
23254notwithstanding any state law relating to the deposit,
23255administration, release, or disbursement of moneys in the
23256possession or custody of this state. The benefit account
23257consists of all moneys requisitioned from this state's account
23258in the federal Unemployment Compensation Trust Fund. Except as
23259otherwise provided by law, moneys in the clearing and benefit
23260accounts may be deposited by the Chief Financial Officer, under
23261the direction of the Department of Economic Opportunity the
23262Agency for Workforce Innovation, in any bank or public
23263depository in which general funds of the state are deposited,
23264but a public deposit insurance charge or premium may not be paid
23265out of the fund. If any warrant issued against the clearing
23266account or the benefit account is not presented for payment
23267within 1 year after issuance, the Chief Financial Officer must
23268cancel the warrant and credit without restriction the amount of
23269the warrant to the account upon which it is drawn. When the
23270payee or person entitled to a canceled warrant requests payment
23271of the warrant, the Chief Financial Officer, upon direction of
23272the Department of Economic Opportunity the Agency for Workforce
23273Innovation, must issue a new warrant, payable from the account
23274against which the canceled warrant was drawn.
23275     (3)  Moneys may only be requisitioned from the state's
23276account in the federal Unemployment Compensation Trust Fund
23277solely for the payment of benefits and extended benefits and for
23278payment in accordance with rules prescribed by the Department of
23279Economic Opportunity the Agency for Workforce Innovation, or for
23280the repayment of advances made pursuant to 42 U.S.C. s. 1321, as
23281authorized by the Governor or the Governor's designee, except
23282that money credited to this state's account under 42 U.S.C. s.
232831103 may only be used exclusively as provided in subsection (5).
23284The Department of Economic Opportunity The Agency for Workforce
23285Innovation, through the Chief Financial Officer, shall
23286requisition from the federal Unemployment Compensation Trust
23287Fund amounts, not exceeding the amounts credited to this state's
23288account in the fund, as necessary for the payment of benefits
23289and extended benefits for a reasonable future period. Upon
23290receipt of these amounts, the Chief Financial Officer shall
23291deposit the moneys in the benefit account in the State Treasury
23292and warrants for the payment of benefits and extended benefits
23293shall be drawn upon the order of the Department of Economic
23294Opportunity the Agency for Workforce Innovation against the
23295account. All warrants for benefits and extended benefits are
23296payable directly to the ultimate beneficiary. Expenditures of
23297these moneys in the benefit account and refunds from the
23298clearing account are not subject to any law requiring specific
23299appropriations or other formal release by state officers of
23300money in their custody. All warrants issued for the payment of
23301benefits and refunds must bear the signature of the Chief
23302Financial Officer. Any balance of moneys requisitioned from this
23303state's account in the federal Unemployment Compensation Trust
23304Fund which remains unclaimed or unpaid in the benefit account
23305after the period for which the moneys were requisitioned shall
23306be deducted from estimates for, and may be used for the payment
23307of, benefits and extended benefits during succeeding periods,
23308or, in the discretion of the Department of Economic Opportunity
23309the Agency for Workforce Innovation, shall be redeposited with
23310the Secretary of the Treasury of the United States, to the
23311credit of this state's account in the federal Unemployment
23312Compensation Trust Fund, as provided in subsection (2).
23313     (4)  Subsections (1), (2), and (3), to the extent they
23314relate to the federal Unemployment Compensation Trust Fund,
23315apply only while the fund continues to exist and while the
23316Secretary of the Treasury of the United States continues to
23317maintain for this state a separate account of all funds
23318deposited by this state for the payment of benefits, together
23319with this state's proportionate share of the earnings of the
23320federal Unemployment Compensation Trust Fund, from which no
23321other state is permitted to make withdrawals. If the federal
23322Unemployment Compensation Trust Fund ceases to exist, or the
23323separate account is no longer maintained, all moneys,
23324properties, or securities belonging to this state's account in
23325the federal Unemployment Compensation Trust Fund must be
23326transferred to the treasurer of the Unemployment Compensation
23327Trust Fund, who must hold, invest, transfer, sell, deposit, and
23328release those moneys, properties, or securities in a manner
23329approved by the Department of Economic Opportunity the Agency
23330for Workforce Innovation in accordance with this chapter. These
23331moneys must, however, be invested in the following readily
23332marketable classes of securities: bonds or other interest-
23333bearing obligations of the United States or of the state.
23334Further, the investment must at all times be made in a manner
23335that allows all the assets of the fund to always be readily
23336convertible into cash when needed for the payment of benefits.
23337The treasurer may only dispose of securities or other properties
23338belonging to the Unemployment Compensation Trust Fund under the
23339direction of the Department of Economic Opportunity the Agency
23340for Workforce Innovation.
23341     Section 500.  Section 443.211, Florida Statutes, is amended
23342to read:
23343     443.211  Employment Security Administration Trust Fund;
23344appropriation; reimbursement.-
23345     (1)  EMPLOYMENT SECURITY ADMINISTRATION TRUST FUND.-There
23346is created in the State Treasury the "Employment Security
23347Administration Trust Fund." All moneys deposited into this fund
23348remain continuously available to the Department of Economic
23349Opportunity the Agency for Workforce Innovation for expenditure
23350in accordance with this chapter and do not revert at any time
23351and may not be transferred to any other fund. All moneys in this
23352fund which are received from the Federal Government or any
23353federal agency or which are appropriated by this state under ss.
23354443.171 and 443.181, except money received under s.
23355443.191(5)(c), must be expended solely for the purposes and in
23356the amounts found necessary by the authorized cooperating
23357federal agencies for the proper and efficient administration of
23358this chapter. The fund consists of: all moneys appropriated by
23359this state; all moneys received from the United States or any
23360federal agency; all moneys received from any other source for
23361the administration of this chapter; any funds collected for
23362enhanced, specialized, or value-added labor market information
23363services; any moneys received from any agency of the United
23364States or any other state as compensation for services or
23365facilities supplied to that agency; any amounts received from
23366any surety bond or insurance policy or from other sources for
23367losses sustained by the Employment Security Administration Trust
23368Fund or by reason of damage to equipment or supplies purchased
23369from moneys in the fund; and any proceeds from the sale or
23370disposition of such equipment or supplies. All money
23371requisitioned and deposited in this fund under s. 443.191(5)(c)
23372remains part of the Unemployment Compensation Trust Fund and
23373must be used only in accordance with s. 443.191(5). All moneys
23374in this fund must be deposited, administered, and disbursed in
23375the same manner and under the same conditions and requirements
23376as provided by law for other trust funds in the State Treasury.
23377These moneys must be secured by the depositary in which they are
23378held to the same extent and in the same manner as required by
23379the general depositary law of the state, and collateral pledged
23380must be maintained in a separate custody account. All payments
23381from the Employment Security Administration Trust Fund must be
23382approved by the Department of Economic Opportunity the Agency
23383for Workforce Innovation or by an authorized agent and must be
23384made by the Chief Financial Officer. Any balances in this fund
23385do not revert at any time and must remain continuously available
23386to the Department of Economic Opportunity the Agency for
23387Workforce Innovation for expenditure consistent with this
23388chapter.
23389     (2)  SPECIAL EMPLOYMENT SECURITY ADMINISTRATION TRUST
23390FUND.-There is created in the State Treasury the "Special
23391Employment Security Administration Trust Fund," into which shall
23392be deposited or transferred all interest on contributions and
23393reimbursements, penalties, and fines or fees collected under
23394this chapter. Interest on contributions and reimbursements,
23395penalties, and fines or fees deposited during any calendar
23396quarter in the clearing account in the Unemployment Compensation
23397Trust Fund shall, as soon as practicable after the close of that
23398calendar quarter and upon certification of the Department of
23399Economic Opportunity the Agency for Workforce Innovation, be
23400transferred to the Special Employment Security Administration
23401Trust Fund. The amount certified by the Department of Economic
23402Opportunity the Agency for Workforce Innovation as required
23403under this chapter to pay refunds of interest on contributions
23404and reimbursements, penalties, and fines or fees collected and
23405erroneously deposited into the clearing account in the
23406Unemployment Compensation Trust Fund shall, however, be withheld
23407from this transfer. The interest and penalties certified for
23408transfer are deemed as being erroneously deposited in the
23409clearing account, and their transfer to the Special Employment
23410Security Administration Trust Fund is deemed to be a refund of
23411the erroneous deposits. All moneys in this fund shall be
23412deposited, administered, and disbursed in the same manner and
23413under the same requirements as provided by law for other trust
23414funds in the State Treasury. These moneys may not be expended or
23415be available for expenditure in any manner that would permit
23416their substitution for, or permit a corresponding reduction in,
23417federal funds that would, in the absence of these moneys, be
23418available to finance expenditures for the administration of this
23419chapter. This section does not prevent these moneys from being
23420used as a revolving fund to cover lawful expenditures for which
23421federal funds are requested but not yet received, subject to the
23422charging of the expenditures against the funds when received.
23423The moneys in this fund, with the approval of the Executive
23424Office of the Governor, shall be used by the Department of
23425Economic Opportunity the Agency for Workforce Innovation for
23426paying administrative costs that are not chargeable against
23427funds obtained from federal sources. All moneys in the Special
23428Employment Security Administration Trust Fund shall be
23429continuously available to the Department of Economic Opportunity
23430the Agency for Workforce Innovation for expenditure in
23431accordance with this chapter and do not revert at any time. All
23432payments from the Special Employment Security Administration
23433Trust Fund must be approved by the Department of Economic
23434Opportunity the Agency for Workforce Innovation or by an
23435authorized agent and shall be made by the Chief Financial
23436Officer. The moneys in this fund are available to replace, as
23437contemplated by subsection (3), expenditures from the Employment
23438Security Administration Trust Fund which the United States
23439Secretary of Labor, or other authorized federal agency or
23440authority, finds are lost or improperly expended because of any
23441action or contingency. The Chief Financial Officer is liable on
23442her or his official bond for the faithful performance of her or
23443his duties in connection with the Special Employment Security
23444Administration Trust Fund.
23445     (3)  REIMBURSEMENT OF FUND.-If any moneys received from the
23446United States Secretary of Labor under 42 U.S.C. ss. 501-504,
23447any unencumbered balances in the Employment Security
23448Administration Trust Fund, any moneys granted to this state
23449under the Wagner-Peyser Act, or any moneys made available by
23450this state or its political subdivisions and matched by the
23451moneys granted to this state under the Wagner-Peyser Act, are
23452after reasonable notice and opportunity for hearing, found by
23453the United States Secretary of Labor, because of any action or
23454contingency, to be lost or expended for purposes other than, or
23455in amounts in excess of, those allowed by the United States
23456Secretary of Labor for the administration of this chapter, these
23457moneys shall be replaced by moneys appropriated for that purpose
23458from the General Revenue Fund to the Employment Security
23459Administration Trust Fund for expenditure as provided in
23460subsection (1). Upon receipt of notice of such a finding by the
23461United States Secretary of Labor, the Department of Economic
23462Opportunity the Agency for Workforce Innovation shall promptly
23463report the amount required for replacement to the Governor. The
23464Governor shall, at the earliest opportunity, submit to the
23465Legislature a request for the appropriation of the replacement
23466funds.
23467     (4)  RESPONSIBILITY FOR TRUST FUNDS.-In connection with its
23468duties under s. 443.181, the Department of Economic Opportunity
23469the Agency for Workforce Innovation is responsible for the
23470deposit, requisition, expenditure, approval of payment,
23471reimbursement, and reporting in regard to the trust funds
23472established by this section.
23473     Section 501.  Section 443.221, Florida Statutes, is amended
23474to read:
23475     443.221  Reciprocal arrangements.-
23476     (1)(a)  The Department of Economic Opportunity The Agency
23477for Workforce Innovation or the Department of Revenue its tax
23478collection service provider may enter into reciprocal
23479arrangements with other states or with the Federal Government,
23480or both, for considering services performed by an individual for
23481a single employing unit for which services are performed by the
23482individual in more than one state as services performed entirely
23483within any one of the states:
23484     1.  In which any part of the individual's service is
23485performed;
23486     2.  In which the individual has her or his residence; or
23487     3.  In which the employing unit maintains a place of
23488business.
23489     (b)  For services to be considered as performed within a
23490state under a reciprocal agreement, the employing unit must have
23491an election in effect for those services, which is approved by
23492the agency charged with the administration of such state's
23493unemployment compensation law, under which all the services
23494performed by the individual for the employing unit are deemed to
23495be performed entirely within that state.
23496     (c)  The Department of Economic Opportunity The Agency for
23497Workforce Innovation shall participate in any arrangements for
23498the payment of compensation on the basis of combining an
23499individual's wages and employment covered under this chapter
23500with her or his wages and employment covered under the
23501unemployment compensation laws of other states, which are
23502approved by the United States Secretary of Labor, in
23503consultation with the state unemployment compensation agencies,
23504as reasonably calculated to assure the prompt and full payment
23505of compensation in those situations and which include provisions
23506for:
23507     1.  Applying the base period of a single state law to a
23508claim involving the combining of an individual's wages and
23509employment covered under two or more state unemployment
23510compensation laws; and
23511     2.  Avoiding the duplicate use of wages and employment
23512because of the combination.
23513     (d)  Contributions or reimbursements due under this chapter
23514with respect to wages for insured work are, for the purposes of
23515ss. 443.131, 443.1312, 443.1313, and 443.141, deemed to be paid
23516to the fund as of the date payment was made as contributions or
23517reimbursements therefor under another state or federal
23518unemployment compensation law, but an arrangement may not be
23519entered into unless it contains provisions for reimbursement to
23520the fund of the contributions or reimbursements and the actual
23521earnings thereon as the Department of Economic Opportunity the
23522Agency for Workforce Innovation or the Department of Revenue its
23523tax collection service provider finds are fair and reasonable as
23524to all affected interests.
23525     (2)  The Department of Economic Opportunity The Agency for
23526Workforce Innovation or the Department of Revenue its tax
23527collection service provider may make to other state or federal
23528agencies and receive from these other state or federal agencies
23529reimbursements from or to the fund, in accordance with
23530arrangements entered into under subsection (1).
23531     (3)  The Department of Economic Opportunity The Agency for
23532Workforce Innovation or the Department of Revenue its tax
23533collection service provider may enter into reciprocal
23534arrangements with other states or the Federal Government, or
23535both, for exchanging services, determining and enforcing payment
23536obligations, and making available facilities and information.
23537The Department of Economic Opportunity The Agency for Workforce
23538Innovation or the Department of Revenue its tax collection
23539service provider may conduct investigations, secure and transmit
23540information, make available services and facilities, and
23541exercise other powers provided under this chapter to facilitate
23542the administration of any unemployment compensation or public
23543employment service law and, in a similar manner, accept and use
23544information, services, and facilities made available to this
23545state by the agency charged with the administration of any other
23546unemployment compensation or public employment service law.
23547     (4)  To the extent permissible under federal law, the
23548Department of Economic Opportunity the Agency for Workforce
23549Innovation may enter into or cooperate in arrangements whereby
23550facilities and services provided under this chapter and
23551facilities and services provided under the unemployment
23552compensation law of any foreign government may be used for the
23553taking of claims and the payment of benefits under the
23554employment security law of the state or under a similar law of
23555that government.
23556     Section 502.  Section 445.002, Florida Statutes, is amended
23557to read:
23558     445.002  Definitions.-As used in this chapter, the term:
23559     (1)  "Department" means the Department of Economic
23560Opportunity.
23561     (1)  "Agency" means the Agency for Workforce Innovation.
23562     (2)  "Services and one-time payments" or "services," when
23563used in reference to individuals who are not receiving temporary
23564cash assistance, means nonrecurrent, short-term benefits
23565designed to deal with a specific crisis situation or episode of
23566need and other services; work subsidies; supportive services
23567such as child care and transportation; services such as
23568counseling, case management, peer support, and child care
23569information and referral; transitional services, job retention,
23570job advancement, and other employment-related services;
23571nonmedical treatment for substance abuse or mental health
23572problems; teen pregnancy prevention; two-parent family support,
23573including noncustodial parent employment; court-ordered
23574supervised visitation, and responsible fatherhood services; and
23575any other services that are reasonably calculated to further the
23576purposes of the welfare transition program. Such terms do not
23577include assistance as defined in federal regulations at 45
23578C.F.R. s. 260.31(a).
23579     (3)  "Welfare transition services" means those workforce
23580services provided to current or former recipients of temporary
23581cash assistance under chapter 414.
23582     Section 503.  Paragraphs (a) and (b) of subsection (3) of
23583section 445.003, Florida Statutes, are amended to read:
23584     445.003  Implementation of the federal Workforce Investment
23585Act of 1998.-
23586     (3)  FUNDING.-
23587     (a)  Title I, Workforce Investment Act of 1998 funds;
23588Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
23589based on the 5-year plan of Workforce Florida, Inc. The plan
23590shall outline and direct the method used to administer and
23591coordinate various funds and programs that are operated by
23592various agencies. The following provisions shall also apply to
23593these funds:
23594     1.  At least 50 percent of the Title I funds for Adults and
23595Dislocated Workers that are passed through to regional workforce
23596boards shall be allocated to Individual Training Accounts unless
23597a regional workforce board obtains a waiver from Workforce
23598Florida, Inc. Tuition and fees qualify as an Individual Training
23599Account expenditure, as do other programs developed by regional
23600workforce boards in compliance with policies of Workforce
23601Florida, Inc.
23602     2.  Fifteen percent of Title I funding shall be retained at
23603the state level and shall be dedicated to state administration
23604and used to design, develop, induce, and fund innovative
23605Individual Training Account pilots, demonstrations, and
23606programs. Of such funds retained at the state level, $2 million
23607shall be reserved for the Incumbent Worker Training Program,
23608created under subparagraph 3. Eligible state administration
23609costs include the costs of: funding for the board and staff of
23610Workforce Florida, Inc.; operating fiscal, compliance, and
23611management accountability systems through Workforce Florida,
23612Inc.; conducting evaluation and research on workforce
23613development activities; and providing technical and capacity
23614building assistance to regions at the direction of Workforce
23615Florida, Inc. Notwithstanding s. 445.004, such administrative
23616costs shall not exceed 25 percent of these funds. An amount not
23617to exceed 75 percent of these funds shall be allocated to
23618Individual Training Accounts and other workforce development
23619strategies for other training designed and tailored by Workforce
23620Florida, Inc., including, but not limited to, programs for
23621incumbent workers, displaced homemakers, nontraditional
23622employment, and enterprise zones. Workforce Florida, Inc., shall
23623design, adopt, and fund Individual Training Accounts for
23624distressed urban and rural communities.
23625     3.  The Incumbent Worker Training Program is created for
23626the purpose of providing grant funding for continuing education
23627and training of incumbent employees at existing Florida
23628businesses. The program will provide reimbursement grants to
23629businesses that pay for preapproved, direct, training-related
23630costs.
23631     a.  The Incumbent Worker Training Program shall will be
23632administered by Workforce Florida, Inc. Workforce Florida, Inc.,
23633at its discretion, may contract with a private business
23634organization to serve as grant administrator.
23635     b.  To be eligible for the program's grant funding, a
23636business must be have been in operation in the state Florida for
23637at least a minimum of 1 year before prior to the application for
23638grant funding; have at least one full-time employee; demonstrate
23639financial viability; and be current on all state tax
23640obligations. Priority for funding shall be given to businesses
23641with 25 employees or fewer, businesses in rural areas,
23642businesses in distressed inner-city areas, businesses in a
23643qualified targeted industry, businesses whose grant proposals
23644represent a significant upgrade in employee skills, or
23645businesses whose grant proposals represent a significant layoff
23646avoidance strategy.
23647     c.  All costs reimbursed by the program must be preapproved
23648by Workforce Florida, Inc., or the grant administrator. The
23649program may will not reimburse businesses for trainee wages, the
23650purchase of capital equipment, or the purchase of any item or
23651service that may possibly be used outside the training project.
23652A business approved for a grant may be reimbursed for
23653preapproved, direct, training-related costs including tuition;
23654fees; books and training materials; and overhead or indirect
23655costs not to exceed 5 percent of the grant amount.
23656     d.  A business that is selected to receive grant funding
23657must provide a matching contribution to the training project,
23658including, but not limited to, wages paid to trainees or the
23659purchase of capital equipment used in the training project; must
23660sign an agreement with Workforce Florida, Inc., or the grant
23661administrator to complete the training project as proposed in
23662the application; must keep accurate records of the project's
23663implementation process; and must submit monthly or quarterly
23664reimbursement requests with required documentation.
23665     e.  All Incumbent Worker Training Program grant projects
23666shall be performance-based with specific measurable performance
23667outcomes, including completion of the training project and job
23668retention. Workforce Florida, Inc., or the grant administrator
23669shall withhold the final payment to the grantee until a final
23670grant report is submitted and all performance criteria specified
23671in the grant contract have been achieved.
23672     f.  Workforce Florida, Inc., may establish guidelines
23673necessary to implement the Incumbent Worker Training Program.
23674     g.  No more than 10 percent of the Incumbent Worker
23675Training Program's total appropriation may be used for overhead
23676or indirect purposes.
23677     4.  At least 50 percent of Rapid Response funding shall be
23678dedicated to Intensive Services Accounts and Individual Training
23679Accounts for dislocated workers and incumbent workers who are at
23680risk of dislocation. Workforce Florida, Inc., shall also
23681maintain an Emergency Preparedness Fund from Rapid Response
23682funds which will immediately issue Intensive Service Accounts
23683and Individual Training Accounts as well as other federally
23684authorized assistance to eligible victims of natural or other
23685disasters. At the direction of the Governor, for events that
23686qualify under federal law, these Rapid Response funds shall be
23687released to regional workforce boards for immediate use. Funding
23688shall also be dedicated to maintain a unit at the state level to
23689respond to Rapid Response emergencies around the state, to work
23690with state emergency management officials, and to work with
23691regional workforce boards. All Rapid Response funds must be
23692expended based on a plan developed by Workforce Florida, Inc.,
23693and approved by the Governor.
23694     (b)  The administrative entity for Title I, Workforce
23695Investment Act of 1998 funds, and Rapid Response activities,
23696shall be the department the Agency for Workforce Innovation,
23697which shall provide direction to regional workforce boards
23698regarding Title I programs and Rapid Response activities
23699pursuant to the direction of Workforce Florida, Inc.
23700     Section 504.  Subsection (1), paragraph (a) of subsection
23701(3), and paragraphs (b), (c), (d), (e), and (g) of subsection
23702(5) of section 445.004, Florida Statutes, are amended to read:
23703     445.004  Workforce Florida, Inc.; creation; purpose;
23704membership; duties and powers.-
23705     (1)  There is created a not-for-profit corporation, to be
23706known as "Workforce Florida, Inc.," which shall be registered,
23707incorporated, organized, and operated in compliance with chapter
23708617, and which shall not be a unit or entity of state government
23709and shall be exempt from chapters 120 and 287. Workforce
23710Florida, Inc., shall apply the procurement and expenditure
23711procedures required by federal law for the expenditure of
23712federal funds. Workforce Florida, Inc., shall be
23713administratively housed within the department the Agency for
23714Workforce Innovation; however, Workforce Florida, Inc., shall
23715not be subject to control, supervision, or direction by the
23716department the Agency for Workforce Innovation in any manner.
23717The Legislature determines, however, that public policy dictates
23718that Workforce Florida, Inc., operate in the most open and
23719accessible manner consistent with its public purpose. To this
23720end, the Legislature specifically declares that Workforce
23721Florida, Inc., its board, councils, and any advisory committees
23722or similar groups created by Workforce Florida, Inc., are
23723subject to the provisions of chapter 119 relating to public
23724records, and those provisions of chapter 286 relating to public
23725meetings.
23726     (3)(a)  Workforce Florida, Inc., shall be governed by a
23727board of directors, the number of directors to be determined by
23728the Governor, whose membership and appointment must be
23729consistent with Pub. L. No. 105-220, Title I, s. 111(b), and
23730contain one member representing the licensed nonpublic
23731postsecondary educational institutions authorized as individual
23732training account providers, one member from the staffing service
23733industry, at least one member who is a current or former
23734recipient of welfare transition services as defined in s.
23735445.002(3) or workforce services as provided in s. 445.009(1),
23736and five representatives of organized labor who shall be
23737appointed by the Governor. Members described in Pub. L. No. 105-
23738220, Title I, s. 111(b)(1)(C)(vi) shall be nonvoting members.
23739The importance of minority, gender, and geographic
23740representation shall be considered when making appointments to
23741the board. The Governor, when in attendance, shall preside at
23742all meetings of the board of directors.
23743     (5)  Workforce Florida, Inc., shall have all the powers and
23744authority, not explicitly prohibited by statute, necessary or
23745convenient to carry out and effectuate the purposes as
23746determined by statute, Pub. L. No. 105-220, and the Governor, as
23747well as its functions, duties, and responsibilities, including,
23748but not limited to, the following:
23749     (b)  Providing oversight and policy direction to ensure
23750that the following programs are administered by the department
23751the Agency for Workforce Innovation in compliance with approved
23752plans and under contract with Workforce Florida, Inc.:
23753     1.  Programs authorized under Title I of the Workforce
23754Investment Act of 1998, Pub. L. No. 105-220, with the exception
23755of programs funded directly by the United States Department of
23756Labor under Title I, s. 167.
23757     2.  Programs authorized under the Wagner-Peyser Act of
237581933, as amended, 29 U.S.C. ss. 49 et seq.
23759     3.  Activities authorized under Title II of the Trade Act
23760of 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
23761Adjustment Assistance Program.
23762     4.  Activities authorized under 38 U.S.C., chapter 41,
23763including job counseling, training, and placement for veterans.
23764     5.  Employment and training activities carried out under
23765funds awarded to this state by the United States Department of
23766Housing and Urban Development.
23767     6.  Welfare transition services funded by the Temporary
23768Assistance for Needy Families Program, created under the
23769Personal Responsibility and Work Opportunity Reconciliation Act
23770of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
23771of the Social Security Act, as amended.
23772     7.  Displaced homemaker programs, provided under s. 446.50.
23773     8.  The Florida Bonding Program, provided under Pub. L. No.
2377497-300, s. 164(a)(1).
23775     9.  The Food Assistance Employment and Training Program,
23776provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
237772011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
23778and the Hunger Prevention Act, Pub. L. No. 100-435.
23779     10.  The Quick-Response Training Program, as provided under
23780s. 288.047 ss. 288.046-288.047. Matching funds and in-kind
23781contributions that are provided by clients of the Quick-Response
23782Training Program shall count toward the requirements of s.
23783288.90151(5)(d), pertaining to the return on investment from
23784activities of Enterprise Florida, Inc.
23785     11.  The Work Opportunity Tax Credit, provided under the
23786Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
23787and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
23788     12.  Offender placement services, provided under ss.
23789944.707-944.708.
23790     (c)  The department The agency may adopt rules necessary to
23791administer the provisions of this chapter which relate to
23792implementing and administering the programs listed in paragraph
23793(b) as well as rules related to eligible training providers and
23794auditing and monitoring subrecipients of the workforce system
23795grant funds.
23796     (d)  Contracting with public and private entities as
23797necessary to further the directives of this section. All
23798contracts executed by Workforce Florida, Inc., must include
23799specific performance expectations and deliverables. All
23800Workforce Florida, Inc., contracts, including those solicited,
23801managed, or paid by the department the Agency for Workforce
23802Innovation pursuant to s. 20.60(5)(c), 20.50(2) are exempt from
23803s. 112.061, but shall be governed by subsection (1).
23804     (e)  Notifying the Governor, the President of the Senate,
23805and the Speaker of the House of Representatives of noncompliance
23806by the department the Agency for Workforce Innovation or other
23807agencies or obstruction of the board's efforts by the department
23808or such agencies. Upon such notification, the Executive Office
23809of the Governor shall assist the department or agencies to bring
23810them into compliance with board objectives.
23811     (g)  Establish a dispute resolution process for all
23812memoranda of understanding or other contracts or agreements
23813entered into between the department the agency and regional
23814workforce boards.
23815     Section 505.  Subsection (1) of section 445.007, Florida
23816Statutes, is amended to read:
23817     445.007  Regional workforce boards.-
23818     (1)  One regional workforce board shall be appointed in
23819each designated service delivery area and shall serve as the
23820local workforce investment board pursuant to Pub. L. No. 105-
23821220. The membership of the board shall be consistent with Pub.
23822L. No. 105-220, Title I, s. 117(b), and contain one
23823representative from a nonpublic postsecondary educational
23824institution that is an authorized individual training account
23825provider within the region and confers certificates and
23826diplomas, one representative from a nonpublic postsecondary
23827educational institution that is an authorized individual
23828training account provider within the region and confers degrees,
23829and three representatives of organized labor. The board shall
23830include one nonvoting representative from a military
23831installation if a military installation is located within the
23832region and the appropriate military command or organization
23833authorizes such representation. It is the intent of the
23834Legislature that membership of a regional workforce board
23835include persons who are current or former recipients of welfare
23836transition assistance as defined in s. 445.002(3) or workforce
23837services as provided in s. 445.009(1) or that such persons be
23838included as ex officio members of the board or of committees
23839organized by the board. The importance of minority and gender
23840representation shall be considered when making appointments to
23841the board. The board, its committees, subcommittees, and
23842subdivisions, and other units of the workforce system, including
23843units that may consist in whole or in part of local governmental
23844units, may use any method of telecommunications to conduct
23845meetings, including establishing a quorum through
23846telecommunications, provided that the public is given proper
23847notice of the telecommunications meeting and reasonable access
23848to observe and, when appropriate, participate. Regional
23849workforce boards are subject to chapters 119 and 286 and s. 24,
23850Art. I of the State Constitution. If the regional workforce
23851board enters into a contract with an organization or individual
23852represented on the board of directors, the contract must be
23853approved by a two-thirds vote of the entire board, a quorum
23854having been established, and the board member who could benefit
23855financially from the transaction must abstain from voting on the
23856contract. A board member must disclose any such conflict in a
23857manner that is consistent with the procedures outlined in s.
23858112.3143.
23859     Section 506.  Subsections (3) and (9) of section 445.009,
23860Florida Statutes, are amended to read:
23861     445.009  One-stop delivery system.-
23862     (3)  Beginning October 1, 2000, Regional workforce boards
23863shall enter into a memorandum of understanding with the
23864department the Agency for Workforce Innovation for the delivery
23865of employment services authorized by the federal Wagner-Peyser
23866Act. This memorandum of understanding must be performance based.
23867     (a)  Unless otherwise required by federal law, at least 90
23868percent of the Wagner-Peyser funding must go into direct
23869customer service costs.
23870     (b)  Employment services must be provided through the one-
23871stop delivery system, under the guidance of one-stop delivery
23872system operators. One-stop delivery system operators shall have
23873overall authority for directing the staff of the workforce
23874system. Personnel matters shall remain under the ultimate
23875authority of the department the Agency for Workforce Innovation.
23876However, the one-stop delivery system operator shall submit to
23877the department the agency information concerning the job
23878performance of agency employees of the department who deliver
23879employment services. The department The agency shall consider
23880any such information submitted by the one-stop delivery system
23881operator in conducting performance appraisals of the employees.
23882     (c)  The department The agency shall retain fiscal
23883responsibility and accountability for the administration of
23884funds allocated to the state under the Wagner-Peyser Act. An
23885agency employee of the department who is providing services
23886authorized under the Wagner-Peyser Act shall be paid using
23887Wagner-Peyser Act funds.
23888     (9)(a)  Workforce Florida, Inc., working with the
23889department the Agency for Workforce Innovation, shall coordinate
23890among the agencies a plan for a One-Stop Electronic Network made
23891up of one-stop delivery system centers and other partner
23892agencies that are operated by authorized public or private for-
23893profit or not-for-profit agents. The plan shall identify
23894resources within existing revenues to establish and support this
23895electronic network for service delivery that includes Government
23896Services Direct. If necessary, the plan shall identify
23897additional funding needed to achieve the provisions of this
23898subsection.
23899     (b)  The network shall assure that a uniform method is used
23900to determine eligibility for and management of services provided
23901by agencies that conduct workforce development activities. The
23902Department of Management Services shall develop strategies to
23903allow access to the databases and information management systems
23904of the following systems in order to link information in those
23905databases with the one-stop delivery system:
23906     1.  The Unemployment Compensation Program under chapter 443
23907of the Agency for Workforce Innovation.
23908     2.  The public employment service described in s. 443.181.
23909     3.  The FLORIDA System and the components related to
23910temporary cash assistance, food assistance, and Medicaid
23911eligibility.
23912     4.  The Student Financial Assistance System of the
23913Department of Education.
23914     5.  Enrollment in the public postsecondary education
23915system.
23916     6.  Other information systems determined appropriate by
23917Workforce Florida, Inc.
23918     Section 507.  Subsection (5) of section 445.016, Florida
23919Statutes, is amended to read:
23920     445.016  Untried Worker Placement and Employment Incentive
23921Act.-
23922     (5)  Incentives must be paid according to the incentive
23923schedule developed by Workforce Florida, Inc., the Department of
23924Economic Opportunity the Agency for Workforce Development, and
23925the Department of Children and Family Services which costs the
23926state less per placement than the state's 12-month expenditure
23927on a welfare recipient.
23928     Section 508.  Subsection (1) of section 445.024, Florida
23929Statutes, is amended to read:
23930     445.024  Work requirements.-
23931     (1)  WORK ACTIVITIES.-The Department of Economic
23932Opportunity The Agency for Workforce Innovation may develop
23933activities under each of the following categories of work
23934activities. The following categories of work activities, based
23935on federal law and regulations, may be used individually or in
23936combination to satisfy the work requirements for a participant
23937in the temporary cash assistance program:
23938     (a)  Unsubsidized employment.
23939     (b)  Subsidized private sector employment.
23940     (c)  Subsidized public sector employment.
23941     (d)  On-the-job training.
23942     (e)  Community service programs.
23943     (f)  Work experience.
23944     (g)  Job search and job readiness assistance.
23945     (h)  Vocational educational training.
23946     (i)  Job skills training directly related to employment.
23947     (j)  Education directly related to employment.
23948     (k)  Satisfactory attendance at a secondary school or in a
23949course of study leading to a graduate equivalency diploma.
23950     (l)  Providing child care services.
23951     Section 509.  Subsection (1) of section 445.0325, Florida
23952Statutes, is amended to read:
23953     445.0325  Welfare Transition Trust Fund.-
23954     (1)  The Welfare Transition Trust Fund is created in the
23955State Treasury, to be administered by the Department of Economic
23956Opportunity the Agency for Workforce Innovation. Funds shall be
23957credited to the trust fund to be used for the purposes of the
23958welfare transition program set forth in ss. 445.017-445.032.
23959     Section 510.  Section 445.038, Florida Statutes, is amended
23960to read:
23961     445.038  Digital media; job training.-Workforce Florida,
23962Inc., through the Department of Economic Opportunity the Agency
23963for Workforce Innovation, may use funds dedicated for Incumbent
23964Worker Training for the digital media industry. Training may be
23965provided by public or private training providers for broadband
23966digital media jobs listed on the targeted occupations list
23967developed by the Workforce Estimating Conference or Workforce
23968Florida, Inc. Programs that operate outside the normal semester
23969time periods and coordinate the use of industry and public
23970resources should be given priority status for funding.
23971     Section 511.  Subsection (2), paragraph (b) of subsection
23972(4), and subsections (5) and (6) of section 445.045, Florida
23973Statutes, are amended to read:
23974     445.045  Development of an Internet-based system for
23975information technology industry promotion and workforce
23976recruitment.-
23977     (2)  Workforce Florida, Inc., shall coordinate with the
23978Agency for Enterprise Information Technology and the Department
23979of Economic Opportunity the Agency for Workforce Innovation to
23980ensure links, where feasible and appropriate, to existing job
23981information websites maintained by the state and state agencies
23982and to ensure that information technology positions offered by
23983the state and state agencies are posted on the information
23984technology website.
23985     (4)
23986     (b)  Workforce Florida, Inc., may enter into an agreement
23987with the Agency for Enterprise Information Technology, the
23988Department of Economic Opportunity the Agency for Workforce
23989Innovation, or any other public agency with the requisite
23990information technology expertise for the provision of design,
23991operating, or other technological services necessary to develop
23992and maintain the website.
23993     (5)  In furtherance of the requirements of this section
23994that the website promote and market the information technology
23995industry by communicating information on the scope of the
23996industry in this state, Workforce Florida, Inc., shall
23997coordinate its efforts with the high-technology industry
23998marketing efforts of Enterprise Florida, Inc., under s. 288.911.
23999Through links or actual content, the website developed under
24000this section shall serve as a forum for distributing the
24001marketing campaign developed by Enterprise Florida, Inc., under
24002s. 288.911. In addition, Workforce Florida, Inc., shall solicit
24003input from the not-for-profit corporation created to advocate on
24004behalf of the information technology industry as an outgrowth of
24005the Information Service Technology Development Task Force
24006created under chapter 99-354, Laws of Florida.
24007     (6)  In fulfilling its responsibilities under this section,
24008Workforce Florida, Inc., may enlist the assistance of and act
24009through the department Agency for Workforce Innovation. The
24010department The agency is authorized and directed to provide the
24011services that Workforce Florida, Inc., and the department the
24012agency consider necessary to implement this section.
24013     Section 512.  Subsection (1), paragraph (b) of subsection
24014(4), and subsection (5) of section 445.048, Florida Statutes,
24015are amended to read:
24016     445.048  Passport to Economic Progress program.-
24017     (1)  AUTHORIZATION.-Notwithstanding any law to the
24018contrary, Workforce Florida, Inc., in conjunction with the
24019Department of Children and Family Services and the Department of
24020Economic Opportunity the Agency for Workforce Innovation, shall
24021implement a Passport to Economic Progress program consistent
24022with the provisions of this section. Workforce Florida, Inc.,
24023may designate regional workforce boards to participate in the
24024program. Expenses for the program may come from appropriated
24025revenues or from funds otherwise available to a regional
24026workforce board which may be legally used for such purposes.
24027Workforce Florida, Inc., must consult with the applicable
24028regional workforce boards and the applicable local offices of
24029the Department of Children and Family Services which serve the
24030program areas and must encourage community input into the
24031implementation process.
24032     (4)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.-
24033     (b)  Workforce Florida, Inc., in cooperation with the
24034Department of Children and Family Services and the Department of
24035Economic Opportunity the Agency for Workforce Innovation, shall
24036offer performance-based incentive bonuses as a component of the
24037Passport to Economic Progress program. The bonuses do not
24038represent a program entitlement and shall be contingent on
24039achieving specific benchmarks prescribed in the self-sufficiency
24040plan. If the funds appropriated for this purpose are
24041insufficient to provide this financial incentive, the board of
24042directors of Workforce Florida, Inc., may reduce or suspend the
24043bonuses in order not to exceed the appropriation or may direct
24044the regional boards to use resources otherwise given to the
24045regional workforce to pay such bonuses if such payments comply
24046with applicable state and federal laws.
24047     (5)  EVALUATIONS AND RECOMMENDATIONS.-Workforce Florida,
24048Inc., in conjunction with the Department of Children and Family
24049Services, the Department of Economic Opportunity the Agency for
24050Workforce Innovation, and the regional workforce boards, shall
24051conduct a comprehensive evaluation of the effectiveness of the
24052program operated under this section. Evaluations and
24053recommendations for the program shall be submitted by Workforce
24054Florida, Inc., as part of its annual report to the Legislature.
24055     Section 513.  Subsection (2) of section 445.049, Florida
24056Statutes, is amended to read:
24057     445.049  Digital Divide Council.-
24058     (2)  DIGITAL DIVIDE COUNCIL.-The Digital Divide Council is
24059created in the Department of Education. The council shall
24060consist of:
24061     (a)  A representative from the information technology
24062industry in this state appointed by the Governor.
24063     (b)  The Commissioner of Economic Opportunity, or his or
24064her designee The director of the Office of Tourism, Trade, and
24065Economic Development in the Executive Office of the Governor.
24066     (c)  The president of Workforce Florida, Inc.
24067     (d)  The director of the Agency for Workforce Innovation.
24068     (d)(e)  The chair of itflorida.com, Inc.
24069     (e)(f)  The Commissioner of Education.
24070     (f)(g)  A representative of the information technology
24071industry in this state appointed by the Speaker of the House of
24072Representatives.
24073     (g)(h)  A representative of the information technology
24074industry in this state appointed by the President of the Senate.
24075     (h)(i)  Two members of the House of Representatives, who
24076shall serve be ex officio as, nonvoting members of the council,
24077appointed by the Speaker of the House of Representatives, one of
24078whom shall be a member of the Republican Caucus and the other of
24079whom shall be a member of the Democratic Caucus.
24080     (i)(j)  Two members of the Senate, who shall serve be ex
24081officio as, nonvoting members of the council, appointed by the
24082President of the Senate, one of whom shall be a member of the
24083Republican Caucus and the other of whom shall be a member of the
24084Democratic Caucus.
24085     Section 514.  Subsection (13) of section 445.051, Florida
24086Statutes, is amended to read:
24087     445.051  Individual development accounts.-
24088     (13)  Pursuant to policy direction by Workforce Florida,
24089Inc., the Department of Economic Opportunity the Agency for
24090Workforce Innovation shall adopt such rules as are necessary to
24091implement this act.
24092     Section 515.  Section 446.41, Florida Statutes, is amended
24093to read:
24094     446.41  Legislative intent with respect to rural workforce
24095training and development; establishment of Rural Workforce
24096Services Program.-In order that the state may achieve its full
24097economic and social potential, consideration must be given to
24098rural workforce training and development to enable its rural
24099citizens as well as urban citizens to develop their maximum
24100capacities and participate productively in our society. It is,
24101therefore, the policy of the state to make available those
24102services needed to assist individuals and communities in rural
24103areas to improve their quality of life. It is with a great sense
24104of urgency that a Rural Workforce Services Program is
24105established within the Department of Economic Opportunity the
24106Agency for Workforce Innovation, under the direction of
24107Workforce Florida, Inc., to provide equal access to all manpower
24108training programs available to rural as well as urban areas.
24109     Section 516.  Paragraph (b) of subsection (5) of section
24110446.44, Florida Statutes, is amended to read:
24111     446.44  Duties of Rural Workforce Services Program.-It
24112shall be the direct responsibility of the Rural Workforce
24113Services Program to promote and deliver employment and workforce
24114services and resources to the rural undeveloped and
24115underdeveloped counties of the state in an effort to:
24116     (5)  Develop rural workforce programs that will be
24117evaluated, planned, and implemented through communications and
24118planning with appropriate:
24119     (b)  Divisions Units of Enterprise Florida, Inc.
24120     Section 517.  Section 446.50, Florida Statutes, is amended
24121to read:
24122     446.50  Displaced homemakers; multiservice programs; report
24123to the Legislature; Displaced Homemaker Trust Fund created.-
24124     (1)  INTENT.-It is the intent of the Legislature to require
24125the Department of Economic Opportunity the Agency for Workforce
24126Innovation to enter into contracts with, and make grants to,
24127public and nonprofit private entities for purposes of
24128establishing multipurpose service programs to provide necessary
24129training, counseling, and services for displaced homemakers so
24130that they may enjoy the independence and economic security vital
24131to a productive life.
24132     (2)  DEFINITIONS.-For the purposes of this section, the
24133term:
24134     (a) "Displaced homemaker" means an individual who:
24135     1.  Is 35 years of age or older;
24136     2.  Has worked in the home, providing unpaid household
24137services for family members;
24138     3.  Is not adequately employed, as defined by rule of the
24139agency;
24140     4.  Has had, or would have, difficulty in securing adequate
24141employment; and
24142     5.  Has been dependent on the income of another family
24143member but is no longer supported by such income, or has been
24144dependent on federal assistance.
24145     (b)  "Department" means the Department of Economic
24146Opportunity.
24147     (b)  "Agency" means the Agency for Workforce Innovation.
24148     (3)  AGENCY POWERS AND DUTIES OF THE DEPARTMENT OF ECONOMIC
24149OPPORTUNITY.-
24150     (a)  The department The agency, under plans established by
24151Workforce Florida, Inc., shall establish, or contract for the
24152establishment of, programs for displaced homemakers which shall
24153include:
24154     1.  Job counseling, by professionals and peers,
24155specifically designed for a person entering the job market after
24156a number of years as a homemaker.
24157     2.  Job training and placement services, including:
24158     a.  Training programs for available jobs in the public and
24159private sectors, taking into account the skills and job
24160experiences of a homemaker and developed by working with public
24161and private employers.
24162     b.  Assistance in locating available employment for
24163displaced homemakers, some of whom could be employed in existing
24164job training and placement programs.
24165     c.  Utilization of the services of the state employment
24166service in locating employment opportunities.
24167     3.  Financial management services providing information and
24168assistance with respect to insurance, including, but not limited
24169to, life, health, home, and automobile insurance, and taxes,
24170estate and probate problems, mortgages, loans, and other related
24171financial matters.
24172     4.  Educational services, including high school equivalency
24173degree and such other courses as the department the agency
24174determines would be of interest and benefit to displaced
24175homemakers.
24176     5.  Outreach and information services with respect to
24177federal and state employment, education, health, and
24178unemployment assistance programs which the department the agency
24179determines would be of interest and benefit to displaced
24180homemakers.
24181     (b)1.  The department The agency shall enter into contracts
24182with, and make grants to, public and nonprofit private entities
24183for purposes of establishing multipurpose service programs for
24184displaced homemakers under this section. Such grants and
24185contracts shall be awarded pursuant to chapter 287 and based on
24186criteria established in the state plan developed pursuant to
24187this section. The department The agency shall designate
24188catchment areas which together shall comprise the entire state,
24189and, to the extent possible from revenues in the Displaced
24190Homemaker Trust Fund, the department the agency shall contract
24191with, and make grants to, entities which will serve entire
24192catchment areas so that displaced homemaker service programs are
24193available statewide. These catchment areas shall be coterminous
24194with the state's workforce development regions. The department
24195The agency may give priority to existing displaced homemaker
24196programs when evaluating bid responses to the agency's request
24197for proposals.
24198     2.  In order to receive funds under this section, and
24199unless specifically prohibited by law from doing so, an entity
24200that provides displaced homemaker service programs must receive
24201at least 25 percent of its funding from one or more local,
24202municipal, or county sources or nonprofit private sources. In-
24203kind contributions may be evaluated by the department the agency
24204and counted as part of the required local funding.
24205     3.  The department The agency shall require an entity that
24206receives funds under this section to maintain appropriate data
24207to be compiled in an annual report to the department the agency.
24208Such data shall include, but shall not be limited to, the number
24209of clients served, the units of services provided, designated
24210client-specific information including intake and outcome
24211information specific to each client, costs associated with
24212specific services and program administration, total program
24213revenues by source and other appropriate financial data, and
24214client followup information at specified intervals after the
24215placement of a displaced homemaker in a job.
24216     (c)  The department The agency shall consult and cooperate
24217with the Commissioner of Education, the United States
24218Commissioner of the Social Security Administration, and such
24219other persons in the executive branch of the state government as
24220the department the agency considers appropriate to facilitate
24221the coordination of multipurpose service programs established
24222under this section with existing programs of a similar nature.
24223     (d)  Supervisory, technical, and administrative positions
24224relating to programs established under this section shall, to
24225the maximum extent practicable, be filled by displaced
24226homemakers.
24227     (e)  The department The agency shall adopt rules
24228establishing minimum standards necessary for entities that
24229provide displaced homemaker service programs to receive funds
24230from the agency and any other rules necessary to administer this
24231section.
24232     (4)  STATE PLAN.-
24233     (a)  The department The Agency for Workforce Innovation
24234shall develop a 3-year state plan for the displaced homemaker
24235program which shall be updated annually. The plan must address,
24236at a minimum, the need for programs specifically designed to
24237serve displaced homemakers, any necessary service components for
24238such programs in addition to those enumerated in this section,
24239goals of the displaced homemaker program with an analysis of the
24240extent to which those goals are being met, and recommendations
24241for ways to address any unmet program goals. Any request for
24242funds for program expansion must be based on the state plan.
24243     (b)  Each annual update must address any changes in the
24244components of the 3-year state plan and a report which must
24245include, but need not be limited to, the following:
24246     1.  The scope of the incidence of displaced homemakers;
24247     2.  A compilation and report, by program, of data submitted
24248to the department the agency pursuant to subparagraph 3. by
24249funded displaced homemaker service programs;
24250     3.  An identification and description of the programs in
24251the state that receive funding from the department the agency,
24252including funding information; and
24253     4.  An assessment of the effectiveness of each displaced
24254homemaker service program based on outcome criteria established
24255by rule of the department the agency.
24256     (c)  The 3-year state plan must be submitted to the
24257President of the Senate, the Speaker of the House of
24258Representatives, and the Governor on or before January 1, 2001,
24259and annual updates of the plan must be submitted by January 1 of
24260each subsequent year.
24261     (5)  DISPLACED HOMEMAKER TRUST FUND.-
24262     (a)  There is established within the State Treasury a
24263Displaced Homemaker Trust Fund to be used by the department the
24264agency for its administration of the displaced homemaker program
24265and to fund displaced homemaker service programs according to
24266criteria established under this section.
24267     (b)  The trust fund shall receive funds generated from an
24268additional fee on marriage license applications and dissolution
24269of marriage filings as specified in ss. 741.01(3) and 28.101,
24270respectively, and may receive funds from any other public or
24271private source.
24272     (c)  Funds that are not expended by the department the
24273agency at the end of the budget cycle or through a supplemental
24274budget approved by the department the agency shall revert to the
24275trust fund.
24276     Section 518.  Section 446.52, Florida Statutes, is amended
24277to read:
24278     446.52  Confidentiality of information.-Information about
24279displaced homemakers who receive services under ss. 446.50 and
24280446.51 which is received through files, reports, inspections, or
24281otherwise, by the Department of Economic Opportunity the
24282division or by its authorized employees of the division, by
24283persons who volunteer services, or by persons who provide
24284services to displaced homemakers under ss. 446.50 and 446.51
24285through contracts with the department division is confidential
24286and exempt from the provisions of s. 119.07(1). Such information
24287may not be disclosed publicly in such a manner as to identify a
24288displaced homemaker, unless such person or the person's legal
24289guardian provides written consent.
24290     Section 519.  Paragraph (a) of subsection (3) of section
24291448.109, Florida Statutes, is amended to read:
24292     448.109  Notification of the state minimum wage.-
24293     (3)(a)  Each year the Department of Economic Opportunity
24294Agency for Workforce Innovation shall, on or before December 1,
24295create and make available to employers a poster in English and
24296in Spanish which reads substantially as follows:
24297
24298
NOTICE TO EMPLOYEES
24299
24300The Florida minimum wage is $ ...(amount)... per hour, with a
24301minimum wage of at least $ ...(amount)... per hour for tipped
24302employees, in addition to tips, for January 1, ...(year)...,
24303through December 31, ...(year)....
24304
24305The rate of the minimum wage is recalculated yearly on September
2430630, based on the Consumer Price Index. Every year on January 1
24307the new Florida minimum wage takes effect.
24308
24309An employer may not retaliate against an employee for exercising
24310his or her right to receive the minimum wage. Rights protected
24311by the State Constitution include the right to:
24312     1.  File a complaint about an employer's alleged
24313noncompliance with lawful minimum wage requirements.
24314     2.  Inform any person about an employer's alleged
24315noncompliance with lawful minimum wage requirements.
24316     3.  Inform any person of his or her potential rights under
24317Section 24, Article X of the State Constitution and to assist
24318him or her in asserting such rights.
24319
24320An employee who has not received the lawful minimum wage after
24321notifying his or her employer and giving the employer 15 days to
24322resolve any claims for unpaid wages may bring a civil action in
24323a court of law against an employer to recover back wages plus
24324damages and attorney's fees.
24325
24326An employer found liable for intentionally violating minimum
24327wage requirements is subject to a fine of $1,000 per violation,
24328payable to the state.
24329
24330The Attorney General or other official designated by the
24331Legislature may bring a civil action to enforce the minimum
24332wage.
24333
24334For details see Section 24, Article X of the State Constitution.
24335     Section 520.  Subsections (2), (4), and (11) of section
24336448.110, Florida Statutes, are amended to read:
24337     448.110  State minimum wage; annual wage adjustment;
24338enforcement.-
24339     (2)  The purpose of this section is to provide measures
24340appropriate for the implementation of s. 24, Art. X of the State
24341Constitution, in accordance with authority granted to the
24342Legislature pursuant to s. 24(f), Art. X of the State
24343Constitution. To implement s. 24, Art. X of the State
24344Constitution, the Department of Economic Opportunity is
24345designated as the state Agency for Workforce Innovation.
24346     (4)(a)  Beginning September 30, 2005, and annually on
24347September 30 thereafter, the Department of Economic Opportunity
24348the Agency for Workforce Innovation shall calculate an adjusted
24349state minimum wage rate by increasing the state minimum wage by
24350the rate of inflation for the 12 months prior to September 1. In
24351calculating the adjusted state minimum wage, the Department of
24352Economic Opportunity the agency shall use the Consumer Price
24353Index for Urban Wage Earners and Clerical Workers, not
24354seasonally adjusted, for the South Region or a successor index
24355as calculated by the United States Department of Labor. Each
24356adjusted state minimum wage rate shall take effect on the
24357following January 1, with the initial adjusted minimum wage rate
24358to take effect on January 1, 2006.
24359     (b)  The Agency for Workforce Innovation and the Department
24360of Revenue and the Department of Economic Opportunity shall
24361annually publish the amount of the adjusted state minimum wage
24362and the effective date. Publication shall occur by posting the
24363adjusted state minimum wage rate and the effective date on the
24364Internet home pages of the Department of Economic Opportunity
24365the agency and the Department of Revenue by October 15 of each
24366year. In addition, to the extent funded in the General
24367Appropriations Act, the Department of Economic Opportunity the
24368agency shall provide written notice of the adjusted rate and the
24369effective date of the adjusted state minimum wage to all
24370employers registered in the most current unemployment
24371compensation database. Such notice shall be mailed by November
2437215 of each year using the addresses included in the database.
24373Employers are responsible for maintaining current address
24374information in the unemployment compensation database. The
24375Department of Economic Opportunity is The agency shall not be
24376responsible for failure to provide notice due to incorrect or
24377incomplete address information in the database. The Department
24378of Economic Opportunity The agency shall provide the Department
24379of Revenue with the adjusted state minimum wage rate information
24380and effective date in a timely manner.
24381     (11)  Except for calculating the adjusted state minimum
24382wage and publishing the initial state minimum wage and any
24383annual adjustments thereto, the authority of the Department of
24384Economic Opportunity the Agency for Workforce Innovation in
24385implementing s. 24, Art. X of the State Constitution, pursuant
24386to this section, shall be limited to that authority expressly
24387granted by the Legislature.
24388     Section 521.  Section 450.161, Florida Statutes, is amended
24389to read:
24390     450.161  Chapter not to affect career education of
24391children; other exceptions.-Nothing in this chapter shall
24392prevent minors of any age from receiving career education
24393furnished by the United States, this state, or any county or
24394other political subdivision of this state and duly approved by
24395the Department of Education or other duly constituted authority,
24396nor any apprentice indentured under a plan approved by the
24397Department of Economic Opportunity Division of Jobs and
24398Benefits, or prevent the employment of any minor 14 years of age
24399or older when such employment is authorized as an integral part
24400of, or supplement to, such a course in career education and is
24401authorized by regulations of the district school board of the
24402district in which such minor is employed, provided the
24403employment is in compliance with the provisions of ss.
24404450.021(4) and 450.061. Exemptions for the employment of student
24405learners 16 to 18 years of age are provided in s. 450.061. Such
24406an exemption shall apply when:
24407     (1)  The student learner is enrolled in a youth vocational
24408training program under a recognized state or local educational
24409authority.
24410     (2)  Such student learner is employed under a written
24411agreement which provides:
24412     (a)  That the work of the student learner in the occupation
24413declared particularly hazardous shall be incidental to the
24414training.
24415     (b)  That such work shall be intermittent and for short
24416periods of time and under the direct and close supervision of a
24417qualified and experienced person.
24418     (c)  That safety instructions shall be given by the school
24419and correlated by the employer with on-the-job training.
24420     (d)  That a schedule of organized and progressive work
24421processes to be performed on the job shall have been prepared.
24422
24423Each such written agreement shall contain the name of the
24424student learner and shall be signed by the employer, the school
24425coordinator and principal, and the parent or legal guardian.
24426Copies of each agreement shall be kept on file by both the
24427school and the employer. This exemption for the employment of
24428student learners may be revoked in any individual situation when
24429it is found that reasonable precautions have not been observed
24430for the safety of minors employed thereunder. A high school
24431graduate may be employed in an occupation in which he or she has
24432completed training as a student learner, as provided in this
24433section, even though he or she is not yet 18 years of age.
24434     Section 522.  Paragraph (j) of subsection (1) of section
24435450.191, Florida Statutes, is amended to read:
24436     450.191  Executive Office of the Governor; powers and
24437duties.-
24438     (1)  The Executive Office of the Governor is authorized and
24439directed to:
24440     (j)  Cooperate with the Department of Economic Opportunity
24441the Agency for Workforce Innovation in the recruitment and
24442referral of migrant laborers and other persons for the planting,
24443cultivation, and harvesting of agricultural crops in Florida.
24444     Section 523.  Paragraph (e) of subsection (2) of section
24445450.31, Florida Statutes, is amended to read:
24446     450.31  Issuance, revocation, and suspension of, and
24447refusal to issue or renew, certificate of registration.-
24448     (2)  The department may revoke, suspend, or refuse to issue
24449or renew any certificate of registration when it is shown that
24450the farm labor contractor has:
24451     (e)  Failed to pay unemployment compensation taxes as
24452determined by the Department of Economic Opportunity the Agency
24453for Workforce Innovation; or
24454     Section 524.  Paragraph (d) of subsection (1) of section
24455464.203, Florida Statutes, is amended to read:
24456     464.203  Certified nursing assistants; certification
24457requirement.-
24458     (1)  The board shall issue a certificate to practice as a
24459certified nursing assistant to any person who demonstrates a
24460minimum competency to read and write and successfully passes the
24461required background screening pursuant to s. 400.215 and meets
24462one of the following requirements:
24463     (d)  Has completed the curriculum developed under the
24464Enterprise Florida Jobs and Education Partnership Grant and
24465achieved a minimum score, established by rule of the board, on
24466the nursing assistant competency examination, which consists of
24467a written portion and skills-demonstration portion, approved by
24468the board and administered at a site and by personnel approved
24469by the department.
24470     Section 525.  Subsection (3) of section 468.529, Florida
24471Statutes, is amended to read:
24472     468.529  Licensee's insurance; employment tax; benefit
24473plans.-
24474     (3)  A licensed employee leasing company shall within 30
24475days after initiation or termination notify its workers'
24476compensation insurance carrier, the Division of Workers'
24477Compensation of the Department of Financial Services, and the
24478Department of Revenue as the state agency providing unemployment
24479tax collection services under an interagency agreement contract
24480with the Department of Economic Opportunity the Agency for
24481Workforce Innovation through an interagency agreement pursuant
24482to s. 443.1316 of both the initiation or the termination of the
24483company's relationship with any client company.
24484     Section 526.  Paragraph (b) of subsection (1) of section
24485489.1455, Florida Statutes, is amended to read:
24486     489.1455  Journeyman; reciprocity; standards.-
24487     (1)  An individual who holds a valid, active journeyman
24488license in the plumbing/pipe fitting, mechanical, or HVAC trades
24489issued by any county or municipality in this state may work as a
24490journeyman in the trade in which he or she is licensed in any
24491county or municipality of this state without taking an
24492additional examination or paying an additional license fee, if
24493he or she:
24494     (b)  Has completed an apprenticeship program registered
24495with the Department of Economic Opportunity Department of Labor
24496and Employment Security and demonstrates 4 years' verifiable
24497practical experience in the trade for which he or she is
24498licensed, or demonstrates 6 years' verifiable practical
24499experience in the trade for which he or she is licensed;
24500     Section 527.  Paragraph (b) of subsection (1) of section
24501489.5335, Florida Statutes, is amended to read:
24502     489.5335  Journeyman; reciprocity; standards.-
24503     (1)  An individual who holds a valid, active journeyman
24504license in the electrical trade issued by any county or
24505municipality in this state may work as a journeyman in any other
24506county or municipality of this state without taking an
24507additional examination or paying an additional license fee, if
24508he or she:
24509     (b)  Has completed an apprenticeship program registered
24510with the Department of Economic Opportunity Department of Labor
24511and Employment Security and demonstrates 4 years' verifiable
24512practical experience in the electrical trade, or demonstrates 6
24513years' verifiable practical experience in the electrical trade;
24514     Section 528.  Paragraph (i) of subsection (4) of section
24515551.104, Florida Statutes, is amended to read:
24516     551.104  License to conduct slot machine gaming.-
24517     (4)  As a condition of licensure and to maintain continued
24518authority for the conduct of slot machine gaming, the slot
24519machine licensee shall:
24520     (i)  Create and file with the division a written policy
24521for:
24522     1.  Creating opportunities to purchase from vendors in this
24523state, including minority vendors.
24524     2.  Creating opportunities for employment of residents of
24525this state, including minority residents.
24526     3.  Ensuring opportunities for construction services from
24527minority contractors.
24528     4.  Ensuring that opportunities for employment are offered
24529on an equal, nondiscriminatory basis.
24530     5.  Training for employees on responsible gaming and
24531working with a compulsive or addictive gambling prevention
24532program to further its purposes as provided for in s. 551.118.
24533     6.  The implementation of a drug-testing program that
24534includes, but is not limited to, requiring each employee to sign
24535an agreement that he or she understands that the slot machine
24536facility is a drug-free workplace.
24537
24538The slot machine licensee shall use the Internet-based job-
24539listing system of the Department of Economic Opportunity the
24540Agency for Workforce Innovation in advertising employment
24541opportunities. Beginning in June 2007, each slot machine
24542licensee shall provide an annual report to the division
24543containing information indicating compliance with this paragraph
24544in regard to minority persons.
24545     Section 529.  Section 553.62, Florida Statutes, is amended
24546to read:
24547     553.62  State standard.-The Occupational Safety and Health
24548Administration's excavation safety standards, 29 C.F.R. s.
245491926.650 Subpart P, are hereby incorporated as the state
24550standard. The Department of Labor and Employment Security may,
24551by rule, adopt updated or revised versions of those standards,
24552provided that the updated or revised versions are consistent
24553with the intent expressed in this act and s. 553.72, and are not
24554otherwise inconsistent with state law. Any rule adopted as
24555provided in this section shall be complied with upon its
24556effective date.
24557     Section 530.  Section 944.708, Florida Statutes, is amended
24558to read:
24559     944.708  Rules.-The Department of Corrections and the
24560Agency for Workforce Innovation shall adopt rules to implement
24561the provisions of ss. 944.701-944.707.
24562     Section 531.  Paragraph (h) of subsection (3) of section
24563944.801, Florida Statutes, is amended to read:
24564     944.801  Education for state prisoners.-
24565     (3)  The responsibilities of the Correctional Education
24566Program shall be to:
24567     (h)  Develop a written procedure for selecting programs to
24568add to or delete from the vocational curriculum. The procedure
24569shall include labor market analyses which demonstrate the
24570projected demand for certain occupations and the projected
24571supply of potential employees. In conducting these analyses, the
24572department shall evaluate the feasibility of adding vocational
24573education programs which have been identified by the Department
24574of Economic Opportunity, the Department of Education, the Agency
24575for Workforce Innovation or a regional coordinating council as
24576being in undersupply in this state. The department shall
24577periodically reevaluate the vocational education programs in
24578major institutions to determine which of the programs support
24579and provide relevant skills to inmates who could be assigned to
24580a correctional work program that is operated as a Prison
24581Industry Enhancement Program.
24582     Section 532.  Paragraph (d) of subsection (3) of section
24583945.10, Florida Statutes, is amended to read:
24584     945.10  Confidential information.-
24585     (3)  Due to substantial concerns regarding institutional
24586security and unreasonable and excessive demands on personnel and
24587resources if an inmate or an offender has unlimited or routine
24588access to records of the Department of Corrections, an inmate or
24589an offender who is under the jurisdiction of the department may
24590not have unrestricted access to the department's records or to
24591information contained in the department's records. However,
24592except as to another inmate's or offender's records, the
24593department may permit limited access to its records if an inmate
24594or an offender makes a written request and demonstrates an
24595exceptional need for information contained in the department's
24596records and the information is otherwise unavailable.
24597Exceptional circumstances include, but are not limited to:
24598     (d)  The requested records contain information required to
24599process an application or claim by the inmate or offender with
24600the Internal Revenue Service, the Social Security
24601Administration, the Department of Economic Opportunity the
24602Agency for Workforce Innovation, or any other similar
24603application or claim with a state agency or federal agency.
24604     Section 533.  Subsection (4) of section 985.601, Florida
24605Statutes, is amended to read:
24606     985.601  Administering the juvenile justice continuum.-
24607     (4)  The department shall maintain continuing cooperation
24608with the Department of Education, the Department of Children and
24609Family Services, the Department of Economic Opportunity the
24610Agency for Workforce Innovation, and the Department of
24611Corrections for the purpose of participating in agreements with
24612respect to dropout prevention and the reduction of suspensions,
24613expulsions, and truancy; increased access to and participation
24614in GED, vocational, and alternative education programs; and
24615employment training and placement assistance. The cooperative
24616agreements between the departments shall include an
24617interdepartmental plan to cooperate in accomplishing the
24618reduction of inappropriate transfers of children into the adult
24619criminal justice and correctional systems.
24620     Section 534.  Subsections (1) and (2) of section 1002.375,
24621Florida Statutes, are amended to read:
24622     1002.375  Alternative credit for high school courses; pilot
24623project.-
24624     (1)  The Commissioner of Education shall implement a pilot
24625project in up to three school districts beginning in the 2008-
246262009 school year which allows school districts to award
24627alternative course credit for students enrolled in nationally or
24628state-recognized industry certification programs, as defined by
24629the former Agency for Workforce Innovation or the Department of
24630Economic Opportunity, in accordance with the criteria described
24631in s. 1003.492(2). The Commissioner of Education shall establish
24632criteria for districts that participate in the pilot program.
24633School districts interested in participating in the program must
24634submit a letter of interest by July 15, 2008, to the
24635Commissioner of Education identifying up to five nationally or
24636state-recognized industry certification programs, as defined by
24637the former Agency for Workforce Innovation or the Department of
24638Economic Opportunity, in accordance with the criteria described
24639in s. 1003.492(2), under which the district would like to award
24640alternative credit for the eligible courses identified in
24641subsection (2). The Commissioner of Education shall select up to
24642three participating school districts by July 30, 2008. The
24643Commissioner of Education shall submit a report to the Governor,
24644the President of the Senate, and the Speaker of the House of
24645Representatives identifying the number of students choosing to
24646earn alternative credit, the number of students that received
24647alternative credit, and legislative recommendations for
24648expanding the use of alternative credit for core academic
24649courses required for high school graduation. The report shall be
24650submitted by January 1, 2010.
24651     (2)  For purposes of designing and implementing a
24652successful pilot project, eligible alternative credit courses
24653include Algebra 1a, Algebra 1b, Algebra 1, Geometry, and
24654Biology. Alternative credits shall be awarded for courses in
24655which a student is not enrolled, but for which the student may
24656earn academic credit by enrolling in another course or sequence
24657of courses required to earn a nationally or state-recognized
24658industry certificate, as defined by the former Agency for
24659Workforce Innovation or the Department of Economic Opportunity,
24660in accordance with the criteria described in s. 1003.492(2), of
24661which the majority of the standards-based content in the course
24662description is consistent with the alternative credit course
24663description approved by the Department of Education.
24664     Section 535.  Paragraph (b) of subsection (4) and
24665subsection (5) of section 1002.53, Florida Statutes, are amended
24666to read:
24667     1002.53  Voluntary Prekindergarten Education Program;
24668eligibility and enrollment.-
24669     (4)
24670     (b)  The application must be submitted on forms prescribed
24671by the Department of Economic Opportunity the Agency for
24672Workforce Innovation and must be accompanied by a certified copy
24673of the child's birth certificate. The forms must include a
24674certification, in substantially the form provided in s.
246751002.71(6)(b)2., that the parent chooses the private
24676prekindergarten provider or public school in accordance with
24677this section and directs that payments for the program be made
24678to the provider or school. The Department of Economic
24679Opportunity The Agency for Workforce Innovation may authorize
24680alternative methods for submitting proof of the child's age in
24681lieu of a certified copy of the child's birth certificate.
24682     (5)  The early learning coalition shall provide each parent
24683enrolling a child in the Voluntary Prekindergarten Education
24684Program with a profile of every private prekindergarten provider
24685and public school delivering the program within the county where
24686the child is being enrolled. The profiles shall be provided to
24687parents in a format prescribed by the Department of Economic
24688Opportunity the Agency for Workforce Innovation. The profiles
24689must include, at a minimum, the following information about each
24690provider and school:
24691     (a)  The provider's or school's services, curriculum,
24692instructor credentials, and instructor-to-student ratio; and
24693     (b)  The provider's or school's kindergarten readiness rate
24694calculated in accordance with s. 1002.69, based upon the most
24695recent available results of the statewide kindergarten
24696screening.
24697     Section 536.  Paragraphs (e) and (h) of subsection (3) of
24698section 1002.55, Florida Statutes, are amended to read:
24699     1002.55  School-year prekindergarten program delivered by
24700private prekindergarten providers.-
24701     (3)  To be eligible to deliver the prekindergarten program,
24702a private prekindergarten provider must meet each of the
24703following requirements:
24704     (e)  A private prekindergarten provider may assign a
24705substitute instructor to temporarily replace a credentialed
24706instructor if the credentialed instructor assigned to a
24707prekindergarten class is absent, as long as the substitute
24708instructor is of good moral character and has been screened
24709before employment in accordance with level 2 background
24710screening requirements in chapter 435. The Department of
24711Economic Opportunity The Agency for Workforce Innovation shall
24712adopt rules to implement this paragraph which shall include
24713required qualifications of substitute instructors and the
24714circumstances and time limits for which a private
24715prekindergarten provider may assign a substitute instructor.
24716     (h)  The private prekindergarten provider must register
24717with the early learning coalition on forms prescribed by the
24718Department of Economic Opportunity the Agency for Workforce
24719Innovation.
24720     Section 537.  Subsections (6) and (8) of section 1002.61,
24721Florida Statutes, are amended to read:
24722     1002.61  Summer prekindergarten program delivered by public
24723schools and private prekindergarten providers.-
24724     (6)  A public school or private prekindergarten provider
24725may assign a substitute instructor to temporarily replace a
24726credentialed instructor if the credentialed instructor assigned
24727to a prekindergarten class is absent, as long as the substitute
24728instructor is of good moral character and has been screened
24729before employment in accordance with level 2 background
24730screening requirements in chapter 435. This subsection does not
24731supersede employment requirements for instructional personnel in
24732public schools which are more stringent than the requirements of
24733this subsection. The Department of Economic Opportunity The
24734Agency for Workforce Innovation shall adopt rules to implement
24735this subsection which shall include required qualifications of
24736substitute instructors and the circumstances and time limits for
24737which a public school or private prekindergarten provider may
24738assign a substitute instructor.
24739     (8)  Each public school delivering the summer
24740prekindergarten program must also:
24741     (a)  Register with the early learning coalition on forms
24742prescribed by the Department of Economic Opportunity the Agency
24743for Workforce Innovation; and
24744     (b)  Deliver the Voluntary Prekindergarten Education
24745Program in accordance with this part.
24746     Section 538.  Subsections (6) and (8) of section 1002.63,
24747Florida Statutes, are amended to read:
24748     1002.63  School-year prekindergarten program delivered by
24749public schools.-
24750     (6)  A public school prekindergarten provider may assign a
24751substitute instructor to temporarily replace a credentialed
24752instructor if the credentialed instructor assigned to a
24753prekindergarten class is absent, as long as the substitute
24754instructor is of good moral character and has been screened
24755before employment in accordance with level 2 background
24756screening requirements in chapter 435. This subsection does not
24757supersede employment requirements for instructional personnel in
24758public schools which are more stringent than the requirements of
24759this subsection. The Department of Economic Opportunity The
24760Agency for Workforce Innovation shall adopt rules to implement
24761this subsection which shall include required qualifications of
24762substitute instructors and the circumstances and time limits for
24763which a public school prekindergarten provider may assign a
24764substitute instructor.
24765     (8)  Each public school delivering the school-year
24766prekindergarten program must:
24767     (a)  Register with the early learning coalition on forms
24768prescribed by the Department of Economic Opportunity the Agency
24769for Workforce Innovation; and
24770     (b)  Deliver the Voluntary Prekindergarten Education
24771Program in accordance with this part.
24772     Section 539.  Subsections (1) and (3) of section 1002.67,
24773Florida Statutes, are amended to read:
24774     1002.67  Performance standards; curricula and
24775accountability.-
24776     (1)  By April 1, 2005, The department shall develop and
24777adopt performance standards for students in the Voluntary
24778Prekindergarten Education Program. The performance standards
24779must address the age-appropriate progress of students in the
24780development of:
24781     (a)  The capabilities, capacities, and skills required
24782under s. 1(b), Art. IX of the State Constitution; and
24783     (b)  Emergent literacy skills, including oral
24784communication, knowledge of print and letters, phonemic and
24785phonological awareness, and vocabulary and comprehension
24786development.
24787     (3)(a)  Each early learning coalition shall verify that
24788each private prekindergarten provider delivering the Voluntary
24789Prekindergarten Education Program within the coalition's county
24790or multicounty region complies with this part. Each district
24791school board shall verify that each public school delivering the
24792program within the school district complies with this part.
24793     (b)  If a private prekindergarten provider or public school
24794fails or refuses to comply with this part, or if a provider or
24795school engages in misconduct, the Department of Economic
24796Opportunity the Agency for Workforce Innovation shall require
24797the early learning coalition to remove the provider, and the
24798Department of Education shall require the school district to
24799remove the school, from eligibility to deliver the Voluntary
24800Prekindergarten Education Program and receive state funds under
24801this part.
24802     (c)1.  If the kindergarten readiness rate of a private
24803prekindergarten provider or public school falls below the
24804minimum rate adopted by the State Board of Education as
24805satisfactory under s. 1002.69(6), the early learning coalition
24806or school district, as applicable, shall require the provider or
24807school to submit an improvement plan for approval by the
24808coalition or school district, as applicable, and to implement
24809the plan.
24810     2.  If a private prekindergarten provider or public school
24811fails to meet the minimum rate adopted by the State Board of
24812Education as satisfactory under s. 1002.69(6) for 2 consecutive
24813years, the early learning coalition or school district, as
24814applicable, shall place the provider or school on probation and
24815must require the provider or school to take certain corrective
24816actions, including the use of a curriculum approved by the
24817department under paragraph (2)(c).
24818     3.  A private prekindergarten provider or public school
24819that is placed on probation must continue the corrective actions
24820required under subparagraph 2., including the use of a
24821curriculum approved by the department, until the provider or
24822school meets the minimum rate adopted by the State Board of
24823Education as satisfactory under s. 1002.69(6).
24824     4.  If a private prekindergarten provider or public school
24825remains on probation for 2 consecutive years and fails to meet
24826the minimum rate adopted by the State Board of Education as
24827satisfactory under s. 1002.69(6) and is not granted a good cause
24828exemption by the department pursuant to s. 1002.69(7), the
24829Department of Economic Opportunity the Agency for Workforce
24830Innovation shall require the early learning coalition or the
24831Department of Education shall require the school district to
24832remove, as applicable, the provider or school from eligibility
24833to deliver the Voluntary Prekindergarten Education Program and
24834receive state funds for the program.
24835     (d)  Each early learning coalition, the Department of
24836Economic Opportunity Agency for Workforce Innovation, and the
24837department shall coordinate with the Child Care Services Program
24838Office of the Department of Children and Family Services to
24839minimize interagency duplication of activities for monitoring
24840private prekindergarten providers for compliance with
24841requirements of the Voluntary Prekindergarten Education Program
24842under this part, the school readiness programs under s. 411.01,
24843and the licensing of providers under ss. 402.301-402.319.
24844     Section 540.  Paragraph (f) of subsection (7) of section
248451002.69, Florida Statutes, is amended to read:
24846     1002.69  Statewide kindergarten screening; kindergarten
24847readiness rates.-
24848     (7)
24849     (f)  The State Board of Education shall notify the
24850Department of Economic Opportunity the Agency for Workforce
24851Innovation of any good cause exemption granted to a private
24852prekindergarten provider under this subsection. If a good cause
24853exemption is granted to a private prekindergarten provider who
24854remains on probation for 2 consecutive years, the Department of
24855Economic Opportunity the Agency for Workforce Innovation shall
24856notify the early learning coalition of the good cause exemption
24857and direct that the coalition, notwithstanding s.
248581002.67(3)(c)4., not remove the provider from eligibility to
24859deliver the Voluntary Prekindergarten Education Program or to
24860receive state funds for the program, if the provider meets all
24861other applicable requirements of this part.
24862     Section 541.  Paragraph (c) of subsection (3), subsection
24863(4), paragraph (b) of subsection (5), and subsections (6) and
24864(7) of section 1002.71, Florida Statutes, are amended to read:
24865     1002.71  Funding; financial and attendance reporting.-
24866     (3)
24867     (c)  The initial allocation shall be based on estimated
24868student enrollment in each coalition service area. The
24869Department of Economic Opportunity The Agency for Workforce
24870Innovation shall reallocate funds among the coalitions based on
24871actual full-time equivalent student enrollment in each coalition
24872service area.
24873     (4)  Notwithstanding s. 1002.53(3) and subsection (2):
24874     (a)  A child who, for any of the prekindergarten programs
24875listed in s. 1002.53(3), has not completed more than 70 percent
24876of the hours authorized to be reported for funding under
24877subsection (2), or has not expended more than 70 percent of the
24878funds authorized for the child under s. 1002.66, may withdraw
24879from the program for good cause and reenroll in one of the
24880programs. The total funding for a child who reenrolls in one of
24881the programs for good cause may not exceed one full-time
24882equivalent student. Funding for a child who withdraws and
24883reenrolls in one of the programs for good cause shall be issued
24884in accordance with the Department of Economic Opportunity's the
24885agency's uniform attendance policy adopted pursuant to paragraph
24886(6)(d).
24887     (b)  A child who has not substantially completed any of the
24888prekindergarten programs listed in s. 1002.53(3) may withdraw
24889from the program due to an extreme hardship that is beyond the
24890child's or parent's control, reenroll in one of the summer
24891programs, and be reported for funding purposes as a full-time
24892equivalent student in the summer program for which the child is
24893reenrolled.
24894
24895A child may reenroll only once in a prekindergarten program
24896under this section. A child who reenrolls in a prekindergarten
24897program under this subsection may not subsequently withdraw from
24898the program and reenroll. The Department of Economic Opportunity
24899The Agency for Workforce Innovation shall establish criteria
24900specifying whether a good cause exists for a child to withdraw
24901from a program under paragraph (a), whether a child has
24902substantially completed a program under paragraph (b), and
24903whether an extreme hardship exists which is beyond the child's
24904or parent's control under paragraph (b).
24905     (5)
24906     (b)  The Department of Economic Opportunity The Agency for
24907Workforce Innovation shall adopt procedures for the payment of
24908private prekindergarten providers and public schools delivering
24909the Voluntary Prekindergarten Education Program. The procedures
24910shall provide for the advance payment of providers and schools
24911based upon student enrollment in the program, the certification
24912of student attendance, and the reconciliation of advance
24913payments in accordance with the uniform attendance policy
24914adopted under paragraph (6)(d). The procedures shall provide for
24915the monthly distribution of funds by the Department of Economic
24916Opportunity the Agency for Workforce Innovation to the early
24917learning coalitions for payment by the coalitions to private
24918prekindergarten providers and public schools. The department
24919shall transfer to the Department of Economic Opportunity Agency
24920for Workforce Innovation at least once each quarter the funds
24921available for payment to private prekindergarten providers and
24922public schools in accordance with this paragraph from the funds
24923appropriated for that purpose.
24924     (6)(a)  Each parent enrolling his or her child in the
24925Voluntary Prekindergarten Education Program must agree to comply
24926with the attendance policy of the private prekindergarten
24927provider or district school board, as applicable. Upon
24928enrollment of the child, the private prekindergarten provider or
24929public school, as applicable, must provide the child's parent
24930with a copy of the provider's or school district's attendance
24931policy, as applicable.
24932     (b)1.  Each private prekindergarten provider's and district
24933school board's attendance policy must require the parent of each
24934student in the Voluntary Prekindergarten Education Program to
24935verify, each month, the student's attendance on the prior
24936month's certified student attendance.
24937     2.  The parent must submit the verification of the
24938student's attendance to the private prekindergarten provider or
24939public school on forms prescribed by the Department of Economic
24940Opportunity the Agency for Workforce Innovation. The forms must
24941include, in addition to the verification of the student's
24942attendance, a certification, in substantially the following
24943form, that the parent continues to choose the private
24944prekindergarten provider or public school in accordance with s.
249451002.53 and directs that payments for the program be made to the
24946provider or school:
24947
24948
VERIFICATION OF STUDENT'S ATTENDANCE
24949
AND CERTIFICATION OF PARENTAL CHOICE
24950
24951I, ...(Name of Parent)..., swear (or affirm) that my child,
24952...(Name of Student)..., attended the Voluntary Prekindergarten
24953Education Program on the days listed above and certify that I
24954continue to choose ...(Name of Provider or School)... to deliver
24955the program for my child and direct that program funds be paid
24956to the provider or school for my child.
24957...(Signature of Parent)...
24958...(Date)...
24959
24960     3.  The private prekindergarten provider or public school
24961must keep each original signed form for at least 2 years. Each
24962private prekindergarten provider must permit the early learning
24963coalition, and each public school must permit the school
24964district, to inspect the original signed forms during normal
24965business hours. The Department of Economic Opportunity The
24966Agency for Workforce Innovation shall adopt procedures for early
24967learning coalitions and school districts to review the original
24968signed forms against the certified student attendance. The
24969review procedures shall provide for the use of selective
24970inspection techniques, including, but not limited to, random
24971sampling. Each early learning coalition and the school districts
24972must comply with the review procedures.
24973     (c)  A private prekindergarten provider or school district,
24974as applicable, may dismiss a student who does not comply with
24975the provider's or district's attendance policy. A student
24976dismissed under this paragraph is not removed from the Voluntary
24977Prekindergarten Education Program and may continue in the
24978program through reenrollment with another private
24979prekindergarten provider or public school. Notwithstanding s.
249801002.53(6)(b), a school district is not required to provide for
24981the admission of a student dismissed under this paragraph.
24982     (d)  The Department of Economic Opportunity The Agency for
24983Workforce Innovation shall adopt, for funding purposes, a
24984uniform attendance policy for the Voluntary Prekindergarten
24985Education Program. The attendance policy must apply statewide
24986and apply equally to all private prekindergarten providers and
24987public schools. The attendance policy must include at least the
24988following provisions:
24989     1.  Beginning with the 2009-2010 fiscal year for school-
24990year programs, A student's attendance may be reported on a pro
24991rata basis as a fractional part of a full-time equivalent
24992student.
24993     2.  At a maximum, 20 percent of the total payment made on
24994behalf of a student to a private prekindergarten provider or a
24995public school may be for hours a student is absent.
24996     3.  A private prekindergarten provider or public school may
24997not receive payment for absences that occur before a student's
24998first day of attendance or after a student's last day of
24999attendance.
25000
25001The uniform attendance policy shall be used only for funding
25002purposes and does not prohibit a private prekindergarten
25003provider or public school from adopting and enforcing its
25004attendance policy under paragraphs (a) and (c).
25005     (7)  The Department of Economic Opportunity The Agency for
25006Workforce Innovation shall require that administrative
25007expenditures be kept to the minimum necessary for efficient and
25008effective administration of the Voluntary Prekindergarten
25009Education Program. Administrative policies and procedures shall
25010be revised, to the maximum extent practicable, to incorporate
25011the use of automation and electronic submission of forms,
25012including those required for child eligibility and enrollment,
25013provider and class registration, and monthly certification of
25014attendance for payment. A school district may use its automated
25015daily attendance reporting system for the purpose of
25016transmitting attendance records to the early learning coalition
25017in a mutually agreed-upon format. In addition, actions shall be
25018taken to reduce paperwork, eliminate the duplication of reports,
25019and eliminate other duplicative activities. Beginning with the
250202010-2011 fiscal year, each early learning coalition may retain
25021and expend no more than 4.5 percent of the funds paid by the
25022coalition to private prekindergarten providers and public
25023schools under paragraph (5)(b). Funds retained by an early
25024learning coalition under this subsection may be used only for
25025administering the Voluntary Prekindergarten Education Program
25026and may not be used for the school readiness program or other
25027programs.
25028     Section 542.  Subsection (1) of section 1002.72, Florida
25029Statutes, is amended to read:
25030     1002.72  Records of children in the Voluntary
25031Prekindergarten Education Program.-
25032     (1)(a)  The records of a child enrolled in the Voluntary
25033Prekindergarten Education Program held by an early learning
25034coalition, the Department of Economic Opportunity the Agency for
25035Workforce Innovation, or a Voluntary Prekindergarten Education
25036Program provider are confidential and exempt from s. 119.07(1)
25037and s. 24(a), Art. I of the State Constitution. For purposes of
25038this section, such records include assessment data, health data,
25039records of teacher observations, and personal identifying
25040information of an enrolled child and his or her parent.
25041     (b)  This exemption applies to the records of a child
25042enrolled in the Voluntary Prekindergarten Education Program held
25043by an early learning coalition, the Department of Economic
25044Opportunity the Agency for Workforce Innovation, or a Voluntary
25045Prekindergarten Education Program provider before, on, or after
25046the effective date of this exemption.
25047     Section 543.  Section 1002.75, Florida Statutes, is amended
25048to read:
25049     1002.75  Department of Economic Opportunity Agency for
25050Workforce Innovation; powers and duties; operational
25051requirements.-
25052     (1)  The Department of Economic Opportunity Agency for
25053Workforce Innovation shall administer the operational
25054requirements of the Voluntary Prekindergarten Education Program
25055at the state level.
25056     (2)  The Department of Economic Opportunity Agency for
25057Workforce Innovation shall adopt procedures governing the
25058administration of the Voluntary Prekindergarten Education
25059Program by the early learning coalitions and school districts
25060for:
25061     (a)  Enrolling children in and determining the eligibility
25062of children for the Voluntary Prekindergarten Education Program
25063under s. 1002.53.
25064     (b)  Providing parents with profiles of private
25065prekindergarten providers and public schools under s. 1002.53.
25066     (c)  Registering private prekindergarten providers and
25067public schools to deliver the program under ss. 1002.55,
250681002.61, and 1002.63.
25069     (d)  Determining the eligibility of private prekindergarten
25070providers to deliver the program under ss. 1002.55 and 1002.61.
25071     (e)  Verifying the compliance of private prekindergarten
25072providers and public schools and removing providers or schools
25073from eligibility to deliver the program due to noncompliance or
25074misconduct as provided in s. 1002.67.
25075     (f)  Paying private prekindergarten providers and public
25076schools under s. 1002.71.
25077     (g)  Documenting and certifying student enrollment and
25078student attendance under s. 1002.71.
25079     (h)  Reconciling advance payments in accordance with the
25080uniform attendance policy under s. 1002.71.
25081     (i)  Reenrolling students dismissed by a private
25082prekindergarten provider or public school for noncompliance with
25083the provider's or school district's attendance policy under s.
250841002.71.
25085     (3)  The Department of Economic Opportunity Agency for
25086Workforce Innovation shall adopt, in consultation with and
25087subject to approval by the department, procedures governing the
25088administration of the Voluntary Prekindergarten Education
25089Program by the early learning coalitions and school districts
25090for:
25091     (a)  Approving improvement plans of private prekindergarten
25092providers and public schools under s. 1002.67.
25093     (b)  Placing private prekindergarten providers and public
25094schools on probation and requiring corrective actions under s.
250951002.67.
25096     (c)  Removing a private prekindergarten provider or public
25097school from eligibility to deliver the program due to the
25098provider's or school's remaining on probation beyond the time
25099permitted under s. 1002.67.
25100     (d)  Enrolling children in and determining the eligibility
25101of children for the Voluntary Prekindergarten Education Program
25102under s. 1002.66.
25103     (e)  Paying specialized instructional services providers
25104under s. 1002.66.
25105     (4)  The Department of Economic Opportunity Agency for
25106Workforce Innovation shall also adopt procedures for the
25107agency's distribution of funds to early learning coalitions
25108under s. 1002.71.
25109     (5)  Except as provided by law, the Department of Economic
25110Opportunity Agency for Workforce Innovation may not impose
25111requirements on a private prekindergarten provider or public
25112school that does not deliver the Voluntary Prekindergarten
25113Education Program or receive state funds under this part.
25114     Section 544.  Subsections (1) and (5) of section 1002.77,
25115Florida Statutes, are amended to read:
25116     1002.77  Florida Early Learning Advisory Council.-
25117     (1)  There is created the Florida Early Learning Advisory
25118Council within the Department of Economic Opportunity the Agency
25119for Workforce Innovation. The purpose of the advisory council is
25120to submit recommendations to the department and the Department
25121of Economic Opportunity the Agency for Workforce Innovation on
25122the early learning policy of this state, including
25123recommendations relating to administration of the Voluntary
25124Prekindergarten Education Program under this part and the school
25125readiness programs under s. 411.01.
25126     (5)  The Department of Economic Opportunity The Agency for
25127Workforce Innovation shall provide staff and administrative
25128support for the advisory council.
25129     Section 545.  Subsection (2) of section 1002.79, Florida
25130Statutes, is amended to read:
25131     1002.79  Rulemaking authority.-
25132     (2)  The Department of Economic Opportunity Agency for
25133Workforce Innovation shall adopt rules under ss. 120.536(1) and
25134120.54 to administer the provisions of this part conferring
25135duties upon the department agency.
25136     Section 546.  Subsection (4) of section 1003.4285, Florida
25137Statutes, is amended to read:
25138     1003.4285  Standard high school diploma designations.-Each
25139standard high school diploma shall include, as applicable:
25140     (4)  A designation reflecting a Florida Ready to Work
25141Credential in accordance with s. 445.063 1004.99.
25142     Section 547.  Subsection (2), paragraph (a) of subsection
25143(3), paragraph (c) of subsection (4), and subsection (5) of
25144section 1003.491, Florida Statutes, are amended to read:
25145     1003.491  Florida Career and Professional Education Act.-
25146The Florida Career and Professional Education Act is created to
25147provide a statewide planning partnership between the business
25148and education communities in order to attract, expand, and
25149retain targeted, high-value industry and to sustain a strong,
25150knowledge-based economy.
25151     (2)  Beginning with the 2007-2008 school year, Each
25152district school board shall develop, in collaboration with local
25153workforce boards and postsecondary institutions approved to
25154operate in the state, a strategic 5-year plan to address and
25155meet local and regional workforce demands. If involvement of the
25156local workforce board in the strategic plan development is not
25157feasible, the local school board, with the approval of the
25158Department of Economic Opportunity the Agency for Workforce
25159Innovation, shall collaborate with the most appropriate local
25160business leadership board. Two or more school districts may
25161collaborate in the development of the strategic plan and offer a
25162career and professional academy as a joint venture. Such plans
25163must describe in detail provisions for efficient transportation
25164of students, maximum use of shared resources, and access to
25165courses through the Florida Virtual School when appropriate.
25166Each strategic plan shall be completed no later than June 30,
251672008, and shall include provisions to have in place at least one
25168operational career and professional academy, pursuant to s.
251691003.492, no later than the beginning of the 2008-2009 school
25170year.
25171     (3)  The strategic 5-year plan developed jointly between
25172the local school district, local workforce boards, and state-
25173approved postsecondary institutions shall be constructed and
25174based on:
25175     (a)  Research conducted to objectively determine local and
25176regional workforce needs for the ensuing 5 years, using labor
25177projections of the United States Department of Labor and the
25178Department of Economic Opportunity the Agency for Workforce
25179Innovation;
25180     (4)  The State Board of Education shall establish a process
25181for the continual and uninterrupted review of newly proposed
25182core secondary courses and existing courses requested to be
25183considered as core courses to ensure that sufficient rigor and
25184relevance is provided for workforce skills and postsecondary
25185education and aligned to state curriculum standards. The review
25186of newly proposed core secondary courses shall be the
25187responsibility of a curriculum review committee whose membership
25188is approved by the Workforce Florida Board as described in s.
25189445.004, and shall include:
25190     (c)  Three workforce representatives recommended by the
25191Department of Economic Opportunity the Agency for Workforce
25192Innovation.
25193     (5)  The submission and review of newly proposed core
25194courses shall be conducted electronically, and each proposed
25195core course shall be approved or denied within 60 days. All
25196courses approved as core courses for high school graduation
25197purposes shall be immediately added to the Course Code
25198Directory. Approved core courses shall also be reviewed and
25199considered for approval for dual enrollment credit. The Board of
25200Governors and the Commissioner of Education shall jointly
25201recommend an annual deadline for approval of new core courses to
25202be included for purposes of postsecondary admissions and dual
25203enrollment credit the following academic year. The State Board
25204of Education shall establish an appeals process in the event
25205that a proposed course is denied which shall require a consensus
25206ruling by the Department of Economic Opportunity the Agency for
25207Workforce Innovation and the Commissioner of Education within 15
25208days. The curriculum review committee must be established and
25209operational no later than September 1, 2007.
25210     Section 548.  Subsections (2) and (3) of section 1003.492,
25211Florida Statutes, are amended to read:
25212     1003.492  Industry-certified career education programs.-
25213     (2)  The State Board of Education shall use the expertise
25214of Workforce Florida, Inc., and Enterprise Florida, Inc., to
25215develop and adopt rules pursuant to ss. 120.536(1) and 120.54
25216for implementing an industry certification process. Industry
25217certification shall be defined by the Department of Economic
25218Opportunity the Agency for Workforce Innovation, based upon the
25219highest available national standards for specific industry
25220certification, to ensure student skill proficiency and to
25221address emerging labor market and industry trends. A regional
25222workforce board or a career and professional academy may apply
25223to Workforce Florida, Inc., to request additions to the approved
25224list of industry certifications based on high-demand job
25225requirements in the regional economy. The list of industry
25226certifications approved by Workforce Florida, Inc., and the
25227Department of Education shall be published and updated annually
25228by a date certain, to be included in the adopted rule.
25229     (3)  The Department of Education shall collect student
25230achievement and performance data in industry-certified career
25231education programs and shall work with Workforce Florida, Inc.,
25232and Enterprise Florida, Inc., in the analysis of collected data.
25233The data collection and analyses shall examine the performance
25234of participating students over time. Performance factors shall
25235include, but not be limited to, graduation rates, retention
25236rates, Florida Bright Futures Scholarship awards, additional
25237educational attainment, employment records, earnings, industry
25238certification, and employer satisfaction. The results of this
25239study shall be submitted to the President of the Senate and the
25240Speaker of the House of Representatives annually by December 31.
25241     Section 549.  Paragraphs (f), (j), and (k) of subsection
25242(4) of section 1003.493, Florida Statutes, are amended to read:
25243     1003.493  Career and professional academies.-
25244     (4)  Each career and professional academy must:
25245     (f)  Provide instruction in careers designated as high
25246growth, high demand, and high pay by the local workforce
25247development board, the chamber of commerce, or the Department of
25248Economic Opportunity the Agency for Workforce Innovation.
25249     (j)  Provide opportunities for students to obtain the
25250Florida Ready to Work Certification pursuant to s. 445.063
252511004.99.
25252     (k)  Include an evaluation plan developed jointly with the
25253Department of Education and the local workforce board. The
25254evaluation plan must include an assessment tool based on
25255national industry standards, such as the Career Academy National
25256Standards of Practice, and outcome measures, including, but not
25257limited to, achievement of national industry certifications
25258identified in the Industry Certification Funding List, pursuant
25259to rules adopted by the State Board of Education, graduation
25260rates, enrollment in postsecondary education, business and
25261industry satisfaction, employment and earnings, awards of
25262postsecondary credit and scholarships, and student achievement
25263levels and learning gains on statewide assessments administered
25264under s. 1008.22(3)(c). The Department of Education shall use
25265Workforce Florida, Inc., and Enterprise Florida, Inc., in
25266identifying industry experts to participate in developing and
25267implementing such assessments.
25268     Section 550.  Subsection (3) of section 1003.575, Florida
25269Statutes, is amended to read:
25270     1003.575  Assistive technology devices; findings;
25271interagency agreements.-Accessibility, utilization, and
25272coordination of appropriate assistive technology devices and
25273services are essential as a young person with disabilities moves
25274from early intervention to preschool, from preschool to school,
25275from one school to another, and from school to employment or
25276independent living. To ensure that an assistive technology
25277device issued to a young person as part of his or her
25278individualized family support plan, individual support plan, or
25279an individual education plan remains with the individual through
25280such transitions, the following agencies shall enter into
25281interagency agreements, as appropriate, to ensure the
25282transaction of assistive technology devices:
25283     (3)  The Voluntary Prekindergarten Education Program
25284administered by the Department of Education and the Department
25285of Economic Opportunity Agency for Workforce Innovation.
25286
25287Interagency agreements entered into pursuant to this section
25288shall provide a framework for ensuring that young persons with
25289disabilities and their families, educators, and employers are
25290informed about the utilization and coordination of assistive
25291technology devices and services that may assist in meeting
25292transition needs, and shall establish a mechanism by which a
25293young person or his or her parent may request that an assistive
25294technology device remain with the young person as he or she
25295moves through the continuum from home to school to postschool.
25296     Section 551.  Section 1004.99, Florida Statutes, is
25297transferred, renumbered as section 445.063, Florida Statutes,
25298and amended to read:
25299     445.063 1004.99  Florida Ready to Work Certification
25300Program.-
25301     (1)  There is created the Florida Ready to Work
25302Certification Program to enhance the workplace skills of
25303Floridians Florida's students to better prepare them for
25304successful employment in specific occupations.
25305     (2)  The Florida Ready to Work Certification Program may be
25306conducted in public middle and high schools, community colleges,
25307technical centers, one-stop career centers, vocational
25308rehabilitation centers, and Department of Juvenile Justice
25309educational facilities. The program may be made available to
25310other entities that provide job assistance or training. The
25311Department of Economic Opportunity, in coordination with the
25312Department of Education, shall establish institutional readiness
25313criteria for program implementation.
25314     (3)  The Florida Ready to Work Certification Program shall
25315be composed of:
25316     (a)  A comprehensive identification of workplace skills for
25317each occupation identified for inclusion in the program by the
25318Department of Economic Opportunity the Agency for Workforce
25319Innovation and the Department of Education.
25320     (b)  A preinstructional assessment that delineates an
25321individual's the student's mastery level on the specific
25322workplace skills identified for that occupation.
25323     (c)  A targeted instructional program limited to those
25324identified workplace skills in which the individual student is
25325not proficient as measured by the preinstructional assessment.
25326Instruction must utilize a web-based program and be customized
25327to meet identified specific needs of local employers.
25328     (d)  A Florida Ready to Work Credential and portfolio
25329awarded to individuals students upon successful completion of
25330the instruction. Each portfolio must delineate the skills
25331demonstrated by the individual student as evidence of the
25332individual's student's preparation for employment.
25333     (4)  A Florida Ready to Work Credential shall be awarded to
25334an individual a student who successfully passes assessments in
25335Reading for Information, Applied Mathematics, and Locating
25336Information or any other assessments of comparable rigor. Each
25337assessment shall be scored on a scale of 3 to 7. The level of
25338the credential each individual student receives is based on the
25339following:
25340     (a)  A bronze-level credential requires a minimum score of
253413 or above on each of the assessments.
25342     (b)  A silver-level credential requires a minimum score of
253434 or above on each of the assessments.
25344     (c)  A gold-level credential requires a minimum score of 5
25345or above on each of the assessments.
25346     (5)  The Department of Economic Opportunity The State Board
25347of Education, in consultation with the Agency for Workforce
25348Innovation, may adopt rules pursuant to ss. 120.536(1) and
25349120.54 to implement the provisions of this section.
25350     Section 552.  Subsection (3) of section 1008.39, Florida
25351Statutes, is amended to read:
25352     1008.39  Florida Education and Training Placement
25353Information Program.-
25354     (3)  The Florida Education and Training Placement
25355Information Program must not make public any information that
25356could identify an individual or the individual's employer. The
25357Department of Education must ensure that the purpose of
25358obtaining placement information is to evaluate and improve
25359public programs or to conduct research for the purpose of
25360improving services to the individuals whose social security
25361numbers are used to identify their placement. If an agreement
25362assures that this purpose will be served and that privacy will
25363be protected, the Department of Education shall have access to
25364the unemployment insurance wage reports maintained by the
25365Department of Economic Opportunity the Agency for Workforce
25366Innovation, the files of the Department of Children and Family
25367Services that contain information about the distribution of
25368public assistance, the files of the Department of Corrections
25369that contain records of incarcerations, and the files of the
25370Department of Business and Professional Regulation that contain
25371the results of licensure examination.
25372     Section 553.  Subsection (3) of section 1008.41, Florida
25373Statutes, is amended to read:
25374     1008.41  Workforce education; management information
25375system.-
25376     (3)  Planning and evaluation of job-preparatory programs
25377shall be based on standard sources of data and use standard
25378occupational definitions and coding structures, including, but
25379not limited to:
25380     (a)  The Florida Occupational Information System;
25381     (b)  The Florida Education and Training Placement
25382Information Program;
25383     (c)  The Department of Economic Opportunity The Agency for
25384Workforce Innovation;
25385     (d)  The United States Department of Labor; and
25386     (e)  Other sources of data developed using statistically
25387valid procedures.
25388     Section 554.  Subsections (2) through (6) of section
253891011.76, Florida Statutes, are amended to read:
25390     1011.76  Small School District Stabilization Program.-
25391     (2)  In order to participate in this program, a school
25392district must be located in a rural area of critical economic
25393concern designated by the Executive Office of the Governor, and
25394the district school board must submit a resolution to the
25395Department of Economic Opportunity Office of Tourism, Trade, and
25396Economic Development requesting participation in the program. A
25397rural area of critical economic concern must be a rural
25398community, or a region composed of such, that has been adversely
25399affected by an extraordinary economic event or a natural
25400disaster or that presents a unique economic development concern
25401or opportunity of regional impact. The resolution must be
25402accompanied with documentation of the economic conditions in the
25403community and, provide information indicating the negative
25404impact of these conditions on the school district's financial
25405stability, and the school district must participate in a best
25406financial management practices review to determine potential
25407efficiencies that could be implemented to reduce program costs
25408in the district.
25409     (3)  The Department of Economic Opportunity Office of
25410Tourism, Trade, and Economic Development, in consultation with
25411the Department of Education, shall review the resolution and
25412other information required by subsection (2) and determine
25413whether the school district is eligible to participate in the
25414program. Factors influencing the office's determination of the
25415Department of Economic Opportunity may include, but are not
25416limited to, reductions in the county tax roll resulting from
25417business closures or other causes, or a reduction in student
25418enrollment due to business closures or impacts in the local
25419economy.
25420     (4)  Effective July 1, 2000, and thereafter, When the
25421Department of Economic Opportunity Office of Tourism, Trade, and
25422Economic Development authorizes a school district to participate
25423in the program, the Legislature may give priority to that
25424district for a best financial management practices review in the
25425school district, subject to approval pursuant to s. 1008.35(7),
25426to the extent that funding is provided annually for such purpose
25427in the General Appropriations Act. The scope of the review shall
25428be as set forth in s. 1008.35.
25429     (5)  Effective July 1, 2000, and thereafter, The Department
25430of Education may award the school district a stabilization grant
25431intended to protect the district from continued financial
25432reductions. The amount of the grant will be determined by the
25433Department of Education and may be equivalent to the amount of
25434the decline in revenues projected for the next fiscal year. In
25435addition, the Department of Economic Opportunity Office of
25436Tourism, Trade, and Economic Development may implement a rural
25437economic development initiative to identify the economic factors
25438that are negatively impacting the community and may consult with
25439Enterprise Florida, Inc., in developing a plan to assist the
25440county with its economic transition. The grant will be available
25441to the school district for a period of up to 5 years to the
25442extent that funding is provided for such purpose in the General
25443Appropriations Act.
25444     (6)  Based on the availability of funds, the Department of
25445Economic Opportunity Office of Tourism, Trade, and Economic
25446Development or the Department of Education may enter into
25447contracts or issue grants necessary to implement the program.
25448     Section 555.  Section 1012.2251, Florida Statutes, is
25449amended to read:
25450     1012.2251  End-of-course examinations for Merit Award
25451Program.-Beginning with the 2007-2008 school year, School
25452districts that participate in the Merit Award Program under s.
254531012.225 must be able to administer end-of-course examinations
25454based on the Sunshine State Standards in order to measure a
25455student's understanding and mastery of the entire course in all
25456grade groupings and subjects for any year in which the districts
25457participate in the program. The statewide standardized
25458assessment, College Board Advanced Placement Examination,
25459International Baccalaureate examination, Advanced International
25460Certificate of Education examination, or examinations resulting
25461in national or state industry certification recognized by the
25462Department of Economic Opportunity the Agency for Workforce
25463Innovation satisfy the requirements of this section for the
25464respective grade groupings and subjects assessed by these
25465examinations and assessments.
25466     Section 556.  Section 446.60, Florida Statutes, is
25467repealed.
25468     Section 557.  Section 445.056, Florida Statutes, is
25469repealed.
25470     Section 558.  (1)  The Department of Economic Opportunity,
25471the Department of Education, and the Department of Children and
25472Family Services shall jointly evaluate the state and local
25473governance structure of the state's early learning programs and
25474shall submit a report to the President of the Senate and the
25475Speaker of the House of Representatives by November 30, 2011.
25476     (2)  The report shall consider:
25477     (a)  Alternative governance structures that would provide
25478effective and efficient service delivery.
25479     (b)  Enhancing standardization and removing duplication in
25480administration and implementation of the programs.
25481     (c)  Easing access and providing seamless services for
25482families.
25483     (d)  Streamlining processes and removing unnecessary
25484regulations on providers.
25485     (e)  Providing continued parental choice and multiple
25486options for program participation.
25487     (f)  Other recommendations concerning the state's early
25488learning programs that may improve service delivery for
25489participants.
25490     Section 559. Before November 1, 2011, the Auditor General
25491shall conduct an operational audit and performance audit, as
25492defined in s. 11.45, Florida Statutes, of the early learning
25493coalitions created under s. 411.01, Florida Statutes.
25494     Section 560.  (1)  The Legislature intends that the changes
25495made by this act be accomplished with minimal disruption of
25496services provided to the public and with minimal disruption to
25497employees of any organization. The Legislature accordingly
25498directs all applicable units of state government to contribute
25499to the successful implementation of this act, and the
25500Legislature believes that a transition period between the
25501effective date of this act and October 1, 2011, is appropriate
25502and warranted.
25503     (2)  The Department of Community Affairs, the Agency for
25504Workforce Innovation, and the Office of Tourism, Trade, and
25505Economic Development of the Executive Office of the Governor
25506shall each coordinate the development and implementation of a
25507transition plan that supports the implementation of this act.
25508Any state agency identified by either the Department of
25509Community Affairs, the Agency for Workforce Innovation, or the
25510Office of Tourism, Trade, and Economic Development shall
25511cooperate fully in developing and implementing the plan and
25512shall dedicate the financial and staff resources that are
25513necessary to implement the plan.
25514     (3)(a)  The Secretary of Community Affairs, the director of
25515Workforce Innovation, and the director of the Office of Tourism,
25516Trade, and Economic Development shall each designate a
25517transition coordinator, who shall serve as the department's,
25518agency's, or office's primary representative on matters related
25519to the implementation of this act and the transition plans
25520developed pursuant to this section.
25521     (b)  The Governor shall also designate a transition
25522coordinator who shall serve as the Governor's primary
25523representative on matters related to the implementation of this
25524act, implementation of the transition plans developed pursuant
25525to this section, and coordination of the transition activities
25526of the Department of Community Affairs, the Agency for Workforce
25527Innovation, and the Office of Tourism, Trade, and Economic
25528Development.
25529     (4)  The transition coordinators designated under
25530subsection (3) shall submit a joint progress report by August
2553115, 2011, to the Governor, the President of the Senate, and the
25532Speaker of the House of Representatives on the implementation of
25533this act and the transition plans, including, but not limited
25534to, any adverse impact or negative consequences on programs and
25535services; of meeting any deadline imposed by this act; or any
25536difficulties experienced by the Department of Community Affairs,
25537the Agency for Workforce Innovation, or the Office of Tourism,
25538Trade, and Economic Development in securing the full
25539participation and cooperation of applicable state agencies. Each
25540representative shall also coordinate the submission of any
25541budget amendments, in accordance with chapter 216, Florida
25542Statutes, that may be necessary to implement this act.
25543     (5)  Notwithstanding ss. 216.292 and 216.351, Florida
25544Statutes, upon approval by the Legislative Budget Commission,
25545the Executive Office of the Governor may transfer funds and
25546positions between agencies to implement this act.
25547     (6)  Upon the recommendation and guidance of the transition
25548coordinators designated under subsection (3), the Governor shall
25549submit in a timely manner to the applicable federal departments
25550or agencies any necessary amendments or supplemental information
25551concerning plans that the state is required to submit to the
25552Federal Government in connection with any federal or state
25553program. The Governor shall seek any waivers from the
25554requirements of federal law or regulations which may be
25555necessary to administer this act.
25556     (7)  The transfer of any program, activity, duty, or
25557function under this act includes the transfer of any records and
25558unexpended balances of appropriations, allocations, or other
25559funds related to such program, activity, duty, or function.
25560Except as otherwise provided in this act, the successor
25561organization to any program, activity, duty, or function
25562transferred under this act shall become the custodian of any
25563property of the organization that was responsible for the
25564program, activity, duty, or function immediately before the
25565transfer.
25566     Section 561.  Except as otherwise expressly provided in
25567this act, this act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.