Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7007, 2nd Eng.
       
       
       
       
       
       
                                Barcode 969426                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/3R         .                                
             05/01/2013 06:35 PM       .                                
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       Senator Detert moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Economic Development Programs Evaluation.—The
    6  Office of Economic and Demographic Research and the Office of
    7  Program Policy Analysis and Government Accountability (OPPAGA)
    8  shall develop and present to the Governor, the President of the
    9  Senate, the Speaker of the House of Representatives, and the
   10  chairs of the legislative appropriations committees the Economic
   11  Development Programs Evaluation.
   12         (1) The Office of Economic and Demographic Research and
   13  OPPAGA shall coordinate the development of a work plan for
   14  completing the Economic Development Programs Evaluation and
   15  shall submit the work plan to the President of the Senate and
   16  the Speaker of the House of Representatives by July 1, 2013.
   17         (2) The Office of Economic and Demographic Research and
   18  OPPAGA shall provide a detailed analysis of economic development
   19  programs as provided in the following schedule:
   20         (a) By January 1, 2014, and every 3 years thereafter, an
   21  analysis of the following:
   22         1. The capital investment tax credit established under s.
   23  220.191, Florida Statutes.
   24         2. The qualified target industry tax refund established
   25  under s. 288.106, Florida Statutes.
   26         3. The brownfield redevelopment bonus refund established
   27  under s. 288.107, Florida Statutes.
   28         4. High-impact business performance grants established
   29  under s. 288.108, Florida Statutes.
   30         5.The Quick Action Closing Fund established under s.
   31  288.1088, Florida Statutes.
   32         6. The Innovation Incentive Program established under s.
   33  288.1089, Florida Statutes.
   34         7. Enterprise Zone Program incentives established under ss.
   35  212.08(5), 212.08(15), 212.096, 220.181, and 220.182, Florida
   36  Statutes.
   37         (b) By January 1, 2015, and every 3 years thereafter, an
   38  analysis of the following:
   39         1. The entertainment industry financial incentive program
   40  established under s. 288.1254, Florida Statutes.
   41         2. The entertainment industry sales tax exemption program
   42  established under s. 288.1258, Florida Statutes.
   43         3. VISIT Florida and its programs established or funded
   44  under ss. 288.122, 288.1226, 288.12265, and 288.124, Florida
   45  Statutes.
   46         4. The Florida Sports Foundation and related programs
   47  established under ss. 288.1162, 288.11621, 288.1166, 288.1167,
   48  288.1168, 288.1169, and 288.1171, Florida Statutes.
   49         (c) By January 1, 2016, and every 3 years thereafter, an
   50  analysis of the following:
   51         1. The qualified defense contractor and space flight
   52  business tax refund program established under s. 288.1045,
   53  Florida Statutes.
   54         2. The tax exemption for semiconductor, defense, or space
   55  technology sales established under s. 212.08(5)(j), Florida
   56  Statutes.
   57         3. The Military Base Protection Program established under
   58  s. 288.980, Florida Statutes.
   59         4. The Manufacturing and Spaceport Investment Incentive
   60  Program established under s. 288.1083, Florida Statutes.
   61         5. The Quick Response Training Program established under s.
   62  288.047, Florida Statutes.
   63         6. The Incumbent Worker Training Program established under
   64  s. 445.003, Florida Statutes.
   65         7. International trade and business development programs
   66  established or funded under s. 288.826, Florida Statutes.
   67         (3) Pursuant to the schedule established in subsection (2),
   68  the Office of Economic and Demographic Research shall evaluate
   69  and determine the economic benefits, as defined in s. 288.005,
   70  Florida Statutes, of each program over the previous 3 years. The
   71  analysis must also evaluate the number of jobs created, the
   72  increase or decrease in personal income, and the impact on state
   73  gross domestic product from the direct, indirect, and induced
   74  effects of the state’s investment in each program over the
   75  previous 3 years.
   76         (a) For the purpose of evaluating tax credits, tax refunds,
   77  sales tax exemptions, cash grants, and similar programs, the
   78  Office of Economic and Demographic Research shall evaluate data
   79  only from those projects in which businesses received state
   80  funds during the evaluation period. Such projects may be fully
   81  completed, partially completed with future fund disbursal
   82  possible pending performance measures, or partially completed
   83  with no future fund disbursal possible as a result of a
   84  business’s inability to meet performance measures.
   85         (b) The analysis must use the model developed by the Office
   86  of Economic and Demographic Research, as required in s. 216.138,
   87  Florida Statutes, to evaluate each program. The office shall
   88  provide a written explanation of the key assumptions of the
   89  model and how it is used. If the office finds that another
   90  evaluation model is more appropriate to evaluate a program, it
   91  may use another model, but it must provide an explanation as to
   92  why the selected model was more appropriate.
   93         (4) Pursuant to the schedule established in subsection (2),
   94  OPPAGA shall evaluate each program over the previous 3 years for
   95  its effectiveness and value to the taxpayers of this state and
   96  include recommendations on each program for consideration by the
   97  Legislature. The analysis may include relevant economic
   98  development reports or analyses prepared by the Department of
   99  Economic Opportunity, Enterprise Florida, Inc., or local or
  100  regional economic development organizations; interviews with the
  101  parties involved; or any other relevant data.
  102         (5) The Office of Economic and Demographic Research and
  103  OPPAGA must be given access to all data necessary to complete
  104  the Economic Development Programs Evaluation, including any
  105  confidential data. The offices may collaborate on data
  106  collection and analysis.
  107         Section 2. Subsection (10) of section 20.60, Florida
  108  Statutes, is amended to read:
  109         20.60 Department of Economic Opportunity; creation; powers
  110  and duties.—
  111         (10) The department, with assistance from Enterprise
  112  Florida, Inc., shall, by November 1 January 1 of each year,
  113  submit an annual report to the Governor, the President of the
  114  Senate, and the Speaker of the House of Representatives on the
  115  condition of the business climate and economic development in
  116  the state.
  117         (a) The report must shall include the identification of
  118  problems and a prioritized list of recommendations.
  119         (b) The report must incorporate annual reports of other
  120  programs, including:
  121         1. The displaced homemaker program established under s.
  122  446.50.
  123         2. Information provided by the Department of Revenue under
  124  s. 290.014.
  125         3. Information provided by enterprise zone development
  126  agencies under s. 290.0056 and an analysis of the activities and
  127  accomplishments of each enterprise zone.
  128         4. The Economic Gardening Business Loan Pilot Program
  129  established under s. 288.1081 and the Economic Gardening
  130  Technical Assistance Pilot Program established under s.
  131  288.1082.
  132         5. A detailed report of the performance of the Black
  133  Business Loan Program and a cumulative summary of quarterly
  134  report data required under s. 288.714.
  135         6. The Rural Economic Development Initiative established
  136  under s. 288.0656.
  137         Section 3. Paragraph (c) of subsection (1) of section
  138  201.15, Florida Statutes, is amended to read:
  139         201.15 Distribution of taxes collected.—All taxes collected
  140  under this chapter are subject to the service charge imposed in
  141  s. 215.20(1). Prior to distribution under this section, the
  142  Department of Revenue shall deduct amounts necessary to pay the
  143  costs of the collection and enforcement of the tax levied by
  144  this chapter. Such costs and the service charge may not be
  145  levied against any portion of taxes pledged to debt service on
  146  bonds to the extent that the costs and service charge are
  147  required to pay any amounts relating to the bonds. After
  148  distributions are made pursuant to subsection (1), all of the
  149  costs of the collection and enforcement of the tax levied by
  150  this chapter and the service charge shall be available and
  151  transferred to the extent necessary to pay debt service and any
  152  other amounts payable with respect to bonds authorized before
  153  January 1, 2013, secured by revenues distributed pursuant to
  154  subsection (1). All taxes remaining after deduction of costs and
  155  the service charge shall be distributed as follows:
  156         (1) Sixty-three and thirty-one hundredths percent of the
  157  remaining taxes shall be used for the following purposes:
  158         (c) After the required payments under paragraphs (a) and
  159  (b), the remainder shall be paid into the State Treasury to the
  160  credit of:
  161         1. The State Transportation Trust Fund in the Department of
  162  Transportation in the amount of the lesser of 38.2 percent of
  163  the remainder or $541.75 million in each fiscal year. Out of
  164  such funds, the first $50 million for the 2012-2013 fiscal year;
  165  $65 million for the 2013-2014 fiscal year; and $75 million for
  166  the 2014-2015 fiscal year and all subsequent years, shall be
  167  transferred to the State Economic Enhancement and Development
  168  Trust Fund within the Department of Economic Opportunity. The
  169  remainder is to be used for the following specified purposes,
  170  notwithstanding any other law to the contrary:
  171         a. For the purposes of capital funding for the New Starts
  172  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  173  specified in s. 341.051, 10 percent of these funds;
  174         b. For the purposes of the Small County Outreach Program
  175  specified in s. 339.2818, 5 percent of these funds. Effective
  176  July 1, 2014, the percentage allocated under this sub
  177  subparagraph shall be increased to 10 percent;
  178         c. For the purposes of the Strategic Intermodal System
  179  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  180  of these funds after allocating for the New Starts Transit
  181  Program described in sub-subparagraph a. and the Small County
  182  Outreach Program described in sub-subparagraph b.; and
  183         d. For the purposes of the Transportation Regional
  184  Incentive Program specified in s. 339.2819, 25 percent of these
  185  funds after allocating for the New Starts Transit Program
  186  described in sub-subparagraph a. and the Small County Outreach
  187  Program described in sub-subparagraph b. Effective July 1, 2014,
  188  the first $60 million of the funds allocated pursuant to this
  189  sub-subparagraph shall be allocated annually to the Florida Rail
  190  Enterprise for the purposes established in s. 341.303(5).
  191         2. The Grants and Donations Trust Fund in the Department of
  192  Economic Opportunity in the amount of the lesser of .23 percent
  193  of the remainder or $3.25 million in each fiscal year to fund
  194  technical assistance to local governments and school boards on
  195  the requirements and implementation of this act.
  196         3. The Ecosystem Management and Restoration Trust Fund in
  197  the amount of the lesser of 2.12 percent of the remainder or $30
  198  million in each fiscal year, to be used for the preservation and
  199  repair of the state’s beaches as provided in ss. 161.091
  200  161.212.
  201         4. General Inspection Trust Fund in the amount of the
  202  lesser of .02 percent of the remainder or $300,000 in each
  203  fiscal year to be used to fund oyster management and restoration
  204  programs as provided in s. 379.362(3).
  205  
  206  Moneys distributed pursuant to this paragraph may not be pledged
  207  for debt service unless such pledge is approved by referendum of
  208  the voters.
  209         Section 4. Paragraph (o) of subsection (5) of section
  210  212.08, Florida Statutes, is amended to read:
  211         212.08 Sales, rental, use, consumption, distribution, and
  212  storage tax; specified exemptions.—The sale at retail, the
  213  rental, the use, the consumption, the distribution, and the
  214  storage to be used or consumed in this state of the following
  215  are hereby specifically exempt from the tax imposed by this
  216  chapter.
  217         (5) EXEMPTIONS; ACCOUNT OF USE.—
  218         (o) Building materials in redevelopment projects.—
  219         1. As used in this paragraph, the term:
  220         a. “Building materials” means tangible personal property
  221  that becomes a component part of a housing project or a mixed
  222  use project.
  223         b. “Housing project” means the conversion of an existing
  224  manufacturing or industrial building to a housing unit which is
  225  units in an urban high-crime area, an enterprise zone, an
  226  empowerment zone, a Front Porch Community, a designated
  227  brownfield site for which a rehabilitation agreement with the
  228  Department of Environmental Protection or a local government
  229  delegated by the Department of Environmental Protection has been
  230  executed under s. 376.80 and any abutting real property parcel
  231  within a brownfield area, or an urban infill area; and in which
  232  the developer agrees to set aside at least 20 percent of the
  233  housing units in the project for low-income and moderate-income
  234  persons or the construction in a designated brownfield area of
  235  affordable housing for persons described in s. 420.0004(9),
  236  (11), (12), or (17) or in s. 159.603(7).
  237         c. “Mixed-use project” means the conversion of an existing
  238  manufacturing or industrial building to mixed-use units that
  239  include artists’ studios, art and entertainment services, or
  240  other compatible uses. A mixed-use project must be located in an
  241  urban high-crime area, an enterprise zone, an empowerment zone,
  242  a Front Porch Community, a designated brownfield site for which
  243  a rehabilitation agreement with the Department of Environmental
  244  Protection or a local government delegated by the Department of
  245  Environmental Protection has been executed under s. 376.80 and
  246  any abutting real property parcel within a brownfield area, or
  247  an urban infill area;, and the developer must agree to set aside
  248  at least 20 percent of the square footage of the project for
  249  low-income and moderate-income housing.
  250         d. “Substantially completed” has the same meaning as
  251  provided in s. 192.042(1).
  252         2. Building materials used in the construction of a housing
  253  project or mixed-use project are exempt from the tax imposed by
  254  this chapter upon an affirmative showing to the satisfaction of
  255  the department that the requirements of this paragraph have been
  256  met. This exemption inures to the owner through a refund of
  257  previously paid taxes. To receive this refund, the owner must
  258  file an application under oath with the department which
  259  includes:
  260         a. The name and address of the owner.
  261         b. The address and assessment roll parcel number of the
  262  project for which a refund is sought.
  263         c. A copy of the building permit issued for the project.
  264         d. A certification by the local building code inspector
  265  that the project is substantially completed.
  266         e. A sworn statement, under penalty of perjury, from the
  267  general contractor licensed in this state with whom the owner
  268  contracted to construct the project, which statement lists the
  269  building materials used in the construction of the project and
  270  the actual cost thereof, and the amount of sales tax paid on
  271  these materials. If a general contractor was not used, the owner
  272  shall provide this information in a sworn statement, under
  273  penalty of perjury. Copies of invoices evidencing payment of
  274  sales tax must be attached to the sworn statement.
  275         3. An application for a refund under this paragraph must be
  276  submitted to the department within 6 months after the date the
  277  project is deemed to be substantially completed by the local
  278  building code inspector. Within 30 working days after receipt of
  279  the application, the department shall determine if it meets the
  280  requirements of this paragraph. A refund approved pursuant to
  281  this paragraph shall be made within 30 days after formal
  282  approval of the application by the department.
  283         4. The department shall establish by rule an application
  284  form and criteria for establishing eligibility for exemption
  285  under this paragraph.
  286         5. The exemption shall apply to purchases of materials on
  287  or after July 1, 2000.
  288         Section 5. The amendments to section 212.08, Florida
  289  Statutes, made by this act do not apply to any housing project
  290  or mixed-use project where site development or construction work
  291  was initiated prior to the effective date of this act.
  292         Section 6. Paragraph (bb) is added to subsection (8) of
  293  section 213.053, Florida Statutes, to read:
  294         213.053 Confidentiality and information sharing.—
  295         (8) Notwithstanding any other provision of this section,
  296  the department may provide:
  297         (bb)Information to the director of the Office of Program
  298  Policy Analysis and Government Accountability or his or her
  299  authorized agent, and to the coordinator of the Office of
  300  Economic and Demographic Research or his or her authorized
  301  agent, for purposes of completing the Economic Development
  302  Programs Evaluation. Information obtained from the department
  303  pursuant to this paragraph may be shared by the director and the
  304  coordinator, or the director’s or coordinator’s authorized
  305  agent, for purposes of completing the Economic Development
  306  Programs Evaluation.
  307  
  308  Disclosure of information under this subsection shall be
  309  pursuant to a written agreement between the executive director
  310  and the agency. Such agencies, governmental or nongovernmental,
  311  shall be bound by the same requirements of confidentiality as
  312  the Department of Revenue. Breach of confidentiality is a
  313  misdemeanor of the first degree, punishable as provided by s.
  314  775.082 or s. 775.083.
  315         Section 7. Subsection (9) of section 220.194, Florida
  316  Statutes, is amended to read:
  317         220.194 Corporate income tax credits for spaceflight
  318  projects.—
  319         (9) ANNUAL REPORT.—Beginning in 2014, the Department of
  320  Economic Opportunity, in cooperation with Space Florida and the
  321  department, shall include in the submit an annual incentives
  322  report required under s. 288.907 a summary of summarizing
  323  activities relating to the Florida Space Business Incentives Act
  324  established under this section to the Governor, the President of
  325  the Senate, and the Speaker of the House of Representatives by
  326  each November 30.
  327         Section 8. Section 288.001, Florida Statutes, is amended to
  328  read:
  329         288.001 The Florida Small Business Development Center
  330  Network; purpose.—
  331         (1) PURPOSE.—The Florida Small Business Development Center
  332  Network is the principal business assistance organization for
  333  small businesses in the state. The purpose of the network is to
  334  serve emerging and established for-profit, privately held
  335  businesses that maintain a place of business in the state.
  336         (2)DEFINITIONS.—As used in this section, the term:
  337         (a) “Board of Governors” is the Board of Governors of the
  338  State University System.
  339         (b) “Host institution” is the university designated by the
  340  Board of Governors to be the recipient organization in
  341  accordance with 13 C.F.R. s. 130.200.
  342         (c) “Network” means the Florida Small Business Development
  343  Center Network.
  344         (3) OPERATION; POLICIES AND PROGRAMS.—
  345         (a)The network’s statewide director shall operate the
  346  network in compliance with the federal laws and regulations
  347  governing the network and the Board of Governors Regulation
  348  10.015.
  349         (b)The network’s statewide director shall consult with the
  350  Board of Governors, the department, and the network’s statewide
  351  advisory board to ensure that the network’s policies and
  352  programs align with the statewide goals of the State University
  353  System and the statewide strategic economic development plan as
  354  provided under s. 20.60.
  355         (4) STATEWIDE ADVISORY BOARD.—
  356         (a)The network shall maintain a statewide advisory board
  357  to advise, counsel, and confer with the statewide director on
  358  matters pertaining to the operation of the network.
  359         (b) The statewide advisory board shall consist of 19
  360  members from across the state. At least 12 members must be
  361  representatives of the private sector who are knowledgeable of
  362  the needs and challenges of small businesses. The members must
  363  represent various segments and industries of the economy in this
  364  state and must bring knowledge and skills to the statewide
  365  advisory board which would enhance the board’s collective
  366  knowledge of small business assistance needs and challenges.
  367  Minority and gender representation must be considered when
  368  making appointments to the board. The board must include the
  369  following members:
  370         1.Three members appointed from the private sector by the
  371  President of the Senate.
  372         2.Three members appointed from the private sector by the
  373  Speaker of the House of Representatives.
  374         3.Three members appointed from the private sector by the
  375  Governor.
  376         4.Three members appointed from the private sector by the
  377  network’s statewide director.
  378         5.One member appointed by the host institution.
  379         6.The President of Enterprise Florida, Inc., or his or her
  380  designee.
  381         7.The Chief Financial Officer or his or her designee.
  382         8.The President of the Florida Chamber of Commerce or his
  383  or her designee.
  384         9.The Small Business Development Center Project Officer
  385  from the U.S. Small Business Administration at the South Florida
  386  District Office or his or her designee.
  387         10.The executive director of the National Federation of
  388  Independent Businesses, Florida, or his or her designee.
  389         11.The executive director of the Florida United Business
  390  Association or his or her designee.
  391         (c)The term of an appointed member shall be for 4 years,
  392  beginning August 1, 2013, except that at the time of initial
  393  appointments, two members appointed by the Governor, one member
  394  appointed by the President of the Senate, one member appointed
  395  by the Speaker of the House of Representatives, and one member
  396  appointed by the network’s statewide director shall be appointed
  397  for 2 years. An appointed member may be reappointed to a
  398  subsequent term. Members of the statewide advisory board may not
  399  receive compensation but may be reimbursed for per diem and
  400  travel expenses in accordance with s. 112.061.
  401         (5) SMALL BUSINESS SUPPORT SERVICES; AGREEMENT.—
  402         (a) The statewide director, in consultation with the
  403  advisory board, shall develop support services that are
  404  delivered through regional small business development centers.
  405  Support services must target the needs of businesses that employ
  406  fewer than 100 persons and demonstrate an assessed capacity to
  407  grow in employment or revenue.
  408         (b) Support services must include, but need not be limited
  409  to, providing information or research, consulting, educating, or
  410  assisting businesses in the following activities:
  411         1. Planning related to the start-up, operation, or
  412  expansion of a small business enterprise in this state. Such
  413  activities include providing guidance on business formation,
  414  structure, management, registration, regulation, and taxes.
  415         2. Developing and implementing strategic or business plans.
  416  Such activities include analyzing a business’s mission, vision,
  417  strategies, and goals; critiquing the overall plan; and creating
  418  performance measures.
  419         3. Developing the financial literacy of existing businesses
  420  related to their business cash flow and financial management
  421  plans. Such activities include conducting financial analysis
  422  health checks, assessing cost control management techniques, and
  423  building financial management strategies and solutions.
  424         4. Developing and implementing plans for existing
  425  businesses to access or expand to new or existing markets. Such
  426  activities include conducting market research, researching and
  427  identifying expansion opportunities in international markets,
  428  and identifying opportunities in selling to units of government.
  429         5. Supporting access to capital for business investment and
  430  expansion. Such activities include providing technical
  431  assistance relating to obtaining surety bonds; identifying and
  432  assessing potential debt or equity investors or other financing
  433  opportunities; assisting in the preparation of applications,
  434  projections, or pro forma or other support documentation for
  435  surety bond, loan, financing, or investment requests; and
  436  facilitating conferences with lenders or investors.
  437         6. Assisting existing businesses to plan for a natural or
  438  man-made disaster, and assisting businesses when such an event
  439  occurs. Such activities include creating business continuity and
  440  disaster plans, preparing disaster and bridge loan applications,
  441  and carrying out other emergency support functions.
  442         (c)A business receiving support services must agree to
  443  participate in assessments of such services. The agreement, at a
  444  minimum, must request the business to report demographic
  445  characteristics, changes in employment and sales, debt and
  446  equity capital attained, and government contracts acquired. The
  447  host institution may require additional reporting requirements
  448  for funding described in subsection (7).
  449         (6)REQUIRED MATCH.—The network must provide a match equal
  450  to the total amount of any direct legislative appropriation
  451  which is received directly by the host institution and is
  452  specifically designated for the network. The match may include
  453  funds from federal or other nonstate funding sources designated
  454  for the network. At least 50 percent of the match must be cash.
  455  The remaining 50 percent may be provided through any allowable
  456  combination of additional cash, in-kind contributions, or
  457  indirect costs.
  458         (7) ADDITIONAL STATE FUNDS; USES; PAY-PER-PERFORMANCE
  459  INCENTIVES; STATEWIDE SERVICE; SERVICE ENHANCEMENTS; BEST
  460  PRACTICES; ELIGIBILITY.—
  461         (a) The statewide director, in coordination with the host
  462  institution, shall establish a pay-per-performance incentive for
  463  regional small business development centers. Such incentive
  464  shall be funded from half of any state appropriation received
  465  directly by the host institution, which appropriation is
  466  specifically designated for the network. These funds shall be
  467  distributed to the regional small business development centers
  468  based upon data collected from the businesses as provided under
  469  paragraph (5)(c). The distribution formula must provide for the
  470  distribution of funds in part on the gross number of jobs
  471  created annually by each center and in part on the number of
  472  jobs created per support service hour. The pay-per-performance
  473  incentive must supplement the operations and support services of
  474  each regional small business development center.
  475         (b) Half of any state funds received directly by the host
  476  institution which are specifically designated for the network
  477  shall be distributed by the statewide director, in coordination
  478  with the advisory board, for the following purposes:
  479         1. Ensuring that support services are available statewide,
  480  especially in underserved and rural areas of the state, to
  481  assist eligible businesses;
  482         2. Enhancing participation in the network among state
  483  universities and colleges; and
  484         3. Facilitating the adoption of innovative small business
  485  assistance best practices by the regional small business
  486  development centers.
  487         (c) The statewide director, in coordination with the
  488  advisory board, shall develop annual programs to distribute
  489  funds for each of the purposes described in paragraph (b). The
  490  network shall announce the annual amount of available funds for
  491  each program, performance expectations, and other requirements.
  492  For each program, the statewide director shall present
  493  applications and recommendations to the advisory board. The
  494  advisory board shall make the final approval of applications.
  495  Approved applications must be publicly posted. At a minimum,
  496  programs must include:
  497         1. New regional small business development centers; and
  498         2. Awards for the top six regional small business
  499  development centers that adopt best practices, as determined by
  500  the advisory board. Detailed information about best practices
  501  must be made available to regional small business development
  502  centers for voluntary implementation.
  503         (d) A regional small business development center that has
  504  been found by the statewide director to perform poorly, to
  505  engage in improper activity affecting the operation and
  506  integrity of the network, or to fail to follow the rules and
  507  procedures set forth in the laws, regulations, and policies
  508  governing the network, is not eligible for funds under this
  509  subsection.
  510         (e) Funds awarded under this subsection may not reduce
  511  matching funds dedicated to the regional small business
  512  development centers.
  513         (8) REPORTING.—
  514         (a) The statewide director shall quarterly update the Board
  515  of Governors, the department, and the advisory board on the
  516  network’s progress and outcomes, including aggregate information
  517  on businesses assisted by the network.
  518         (b) The statewide director, in coordination with the
  519  advisory board, shall annually report, on October 1, to the
  520  President of the Senate and the Speaker of the House of
  521  Representatives on the network’s progress and outcomes for the
  522  previous fiscal year. The report must include aggregate
  523  information on businesses assisted by the network; network
  524  services and programs; the use of all federal, state, local, and
  525  private funds received by the network and the regional small
  526  business development centers, including any additional funds
  527  specifically appropriated by the Legislature for the purposes
  528  described in subsection (7); and the network’s economic benefit
  529  to the state. The report must contain specific information on
  530  performance-based metrics and contain the methodology used to
  531  calculate the network’s economic benefit to the state.
  532         Section 9. Subsection (4) is added to section 288.005,
  533  Florida Statutes, to read:
  534         288.005 Definitions.—As used in this chapter, the term:
  535         (4) “Jobs” means full-time equivalent positions, including,
  536  but not limited to, positions obtained from a temporary
  537  employment agency or employee leasing company or through a union
  538  agreement or coemployment under a professional employer
  539  organization agreement, which result directly from a project in
  540  this state. This number does not include temporary construction
  541  jobs involved with the construction of facilities for the
  542  project.
  543         Section 10. Subsection (3) of section 288.012, Florida
  544  Statutes, is amended to read:
  545         288.012 State of Florida international offices; state
  546  protocol officer; protocol manual.—The Legislature finds that
  547  the expansion of international trade and tourism is vital to the
  548  overall health and growth of the economy of this state. This
  549  expansion is hampered by the lack of technical and business
  550  assistance, financial assistance, and information services for
  551  businesses in this state. The Legislature finds that these
  552  businesses could be assisted by providing these services at
  553  State of Florida international offices. The Legislature further
  554  finds that the accessibility and provision of services at these
  555  offices can be enhanced through cooperative agreements or
  556  strategic alliances between private businesses and state, local,
  557  and international governmental entities.
  558         (3) By October 1 of each year, Each international office
  559  shall annually submit to Enterprise Florida, Inc., the
  560  department a complete and detailed report on its activities and
  561  accomplishments during the previous preceding fiscal year for
  562  inclusion in the annual report required under s. 288.906. In the
  563  a format and by the annual date prescribed provided by
  564  Enterprise Florida, Inc., the report must set forth information
  565  on:
  566         (a) The number of Florida companies assisted.
  567         (b) The number of inquiries received about investment
  568  opportunities in this state.
  569         (c) The number of trade leads generated.
  570         (d) The number of investment projects announced.
  571         (e) The estimated U.S. dollar value of sales confirmations.
  572         (f) The number of representation agreements.
  573         (g) The number of company consultations.
  574         (h) Barriers or other issues affecting the effective
  575  operation of the office.
  576         (i) Changes in office operations which are planned for the
  577  current fiscal year.
  578         (j) Marketing activities conducted.
  579         (k) Strategic alliances formed with organizations in the
  580  country in which the office is located.
  581         (l) Activities conducted with Florida’s other international
  582  offices.
  583         (m) Any other information that the office believes would
  584  contribute to an understanding of its activities.
  585         Section 11. Section 288.061, Florida Statutes, is amended
  586  to read:
  587         288.061 Economic development incentive application
  588  process.—
  589         (1) Upon receiving a submitted economic development
  590  incentive application, the Division of Strategic Business
  591  Development of the Department of Economic Opportunity and
  592  designated staff of Enterprise Florida, Inc., shall review the
  593  application to ensure that the application is complete, whether
  594  and what type of state and local permits may be necessary for
  595  the applicant’s project, whether it is possible to waive such
  596  permits, and what state incentives and amounts of such
  597  incentives may be available to the applicant. The department
  598  shall recommend to the executive director to approve or
  599  disapprove an applicant business. If review of the application
  600  demonstrates that the application is incomplete, the executive
  601  director shall notify the applicant business within the first 5
  602  business days after receiving the application.
  603         (2) Beginning July 1, 2013, the department shall review and
  604  evaluate each economic development incentive application for the
  605  economic benefits of the proposed award of state incentives
  606  proposed for the project. The term “economic benefits” has the
  607  same meaning as in s. 288.005. The Office of Economic and
  608  Demographic Research shall establish the methodology and model
  609  used to calculate the economic benefits. For purposes of this
  610  requirement, an amended definition of “economic benefits” may be
  611  developed by the Office of Economic and Demographic Research.
  612         (3)(2) Within 10 business days after the department
  613  receives the submitted economic development incentive
  614  application, the executive director shall approve or disapprove
  615  the application and issue a letter of certification to the
  616  applicant which includes a justification of that decision,
  617  unless the business requests an extension of that time.
  618         (a) The contract or agreement with the applicant must shall
  619  specify the total amount of the award, the performance
  620  conditions that must be met to obtain the award, the schedule
  621  for payment, and sanctions that would apply for failure to meet
  622  performance conditions. The department may enter into one
  623  agreement or contract covering all of the state incentives that
  624  are being provided to the applicant. The contract must provide
  625  that release of funds is contingent upon sufficient
  626  appropriation of funds by the Legislature.
  627         (b) The release of funds for the incentive or incentives
  628  awarded to the applicant depends upon the statutory requirements
  629  of the particular incentive program, except as provided in
  630  subsection (4).
  631         (4)(3) The department shall validate contractor performance
  632  and report. such Such validation shall be reported in the annual
  633  incentives incentive report required under s. 288.907.
  634         (5)(a) The executive director may not approve an economic
  635  development incentive application unless the application
  636  includes a signed written declaration by the applicant which
  637  states that the applicant has read the information in the
  638  application and that the information is true, correct, and
  639  complete to the best of the applicant’s knowledge and belief.
  640         (b) After an economic development incentive application is
  641  approved, the awardee shall provide, in each year that the
  642  department is required to validate contractor performance, a
  643  signed written declaration. The written declaration must state
  644  that the awardee has reviewed the information and that the
  645  information is true, correct, and complete to the best of the
  646  awardee’s knowledge and belief.
  647         (6) The department is authorized to adopt rules to
  648  implement this section.
  649         Section 12. Subsection (8) of section 288.0656, Florida
  650  Statutes, is amended to read:
  651         288.0656 Rural Economic Development Initiative.—
  652         (8) REDI shall submit a report to the department Governor,
  653  the President of the Senate, and the Speaker of the House of
  654  Representatives each year on or before September 1 on all REDI
  655  activities for the previous prior fiscal year as a supplement to
  656  the department’s annual report required under s. 20.60. This
  657  supplementary report must shall include:
  658         (a) A status report on all projects currently being
  659  coordinated through REDI, the number of preferential awards and
  660  allowances made pursuant to this section, the dollar amount of
  661  such awards, and the names of the recipients.
  662         (b)The report shall also include A description of all
  663  waivers of program requirements granted.
  664         (c)The report shall also include Information as to the
  665  economic impact of the projects coordinated by REDI., and
  666         (d) Recommendations based on the review and evaluation of
  667  statutes and rules having an adverse impact on rural
  668  communities, and proposals to mitigate such adverse impacts.
  669         Section 13. Effective October 1, 2013, section 288.076,
  670  Florida Statutes, is created to read:
  671         288.076Return on investment reporting for economic
  672  development programs.—
  673         (1) As used in this section, the term:
  674         (a) “Jobs” has the same meaning as provided in s.
  675  288.106(2)(i).
  676         (b) “Participant business” means an employing unit, as
  677  defined in s. 443.036, that has entered into an agreement with
  678  the department to receive a state investment.
  679         (c) “Project” has the same meaning as provided in s.
  680  288.106(2)(m).
  681         (d) “Project award date” means the date a participant
  682  business enters into an agreement with the department to receive
  683  a state investment.
  684         (e) “State investment” means any state grants, tax
  685  exemptions, tax refunds, tax credits, or other state incentives
  686  provided to a business under a program administered by the
  687  department, including the capital investment tax credit under s.
  688  220.191.
  689         (2) The department shall maintain a website for the purpose
  690  of publishing the information described in this section. The
  691  information required to be published under this section must be
  692  provided in a format accessible to the public which enables
  693  users to search for and sort specific data and to easily view
  694  and retrieve all data at once.
  695         (3) Within 48 hours after expiration of the period of
  696  confidentiality for project information deemed confidential and
  697  exempt pursuant to s. 288.075, the department shall publish the
  698  following information pertaining to each project:
  699         (a) Projected economic benefits.—The projected economic
  700  benefits at the time of the initial project award date.
  701         (b) Project information.—
  702         1. The program or programs through which state investment
  703  is being made.
  704         2. The maximum potential cumulative state investment in the
  705  project.
  706         3. The target industry or industries, and any high impact
  707  sectors implicated by the project.
  708         4. The county or counties that will be impacted by the
  709  project.
  710         5. For a project that requires local commitment, the total
  711  cumulative local financial commitment and in-kind support for
  712  the project.
  713         (c) Participant business information.—
  714         1. The location of the headquarters of the participant
  715  business or, if a subsidiary, the headquarters of the parent
  716  company.
  717         2. The firm size class of the participant business, or
  718  where owned by a parent company the firm size class of the
  719  participant business’s parent company, using the firm size
  720  classes established by the United States Department of Labor
  721  Bureau of Labor Statistics, and whether the participant business
  722  qualifies as a small business as defined in s. 288.703.
  723         3. The date of the project award.
  724         4. The expected duration of the contract.
  725         5. The anticipated dates when the participant business will
  726  claim the last state investment.
  727         (d) Project evaluation criteria.—Economic benefits
  728  generated by the project.
  729         (e) Project performance goals.—
  730         1. The incremental direct jobs attributable to the project,
  731  identifying the number of jobs generated and the number of jobs
  732  retained.
  733         2. The number of jobs generated and the number of jobs
  734  retained by the project, and for projects commencing after
  735  October 1, 2013, the average annual wage of persons holding such
  736  jobs.
  737         3. The incremental direct capital investment in the state
  738  generated by the project.
  739         (f) Total state investment to date.—The total amount of
  740  state investment disbursed to the participant business to date
  741  under the terms of the contract, itemized by incentive program.
  742         (4) The department shall calculate and publish on its
  743  website the economic benefits of each project within 48 hours
  744  after the conclusion of the agreement between each participant
  745  business and the department. The department shall work with the
  746  Office of Economic and Demographic Research to provide a
  747  description of the methodology used to calculate the economic
  748  benefits of a project, and the department must publish the
  749  information on its website.
  750         (5) At least annually, from the project award date, the
  751  department shall:
  752         (a) Publish verified results to update the information
  753  described in paragraphs (3)(b)-(f) to accurately reflect any
  754  changes in the published information since the project award
  755  date.
  756         (b) Publish on its website the date on which the
  757  information collected and published for each project was last
  758  updated.
  759         (6) Annually, the department shall publish information
  760  relating to the progress of Quick Action Closing Fund projects,
  761  including the average number of days between the date the
  762  department receives a completed application and the date on
  763  which the application is approved.
  764         (7)(a) Within 48 hours after expiration of the period of
  765  confidentiality provided under s. 288.075, the department shall
  766  publish the contract or agreement described in s. 288.061,
  767  redacted to protect the participant business from disclosure of
  768  information that remains confidential or exempt by law.
  769         (b) Within 48 hours after submitting any report of findings
  770  and recommendations made pursuant to s. 288.106(7)(d) concerning
  771  a business’s failure to complete a tax refund agreement pursuant
  772  to the tax refund program for qualified target industry
  773  businesses, the department shall publish such report.
  774         (8) For projects completed before October 1, 2013, the
  775  department shall compile and, by October 1, 2014, shall publish
  776  the information described in subsections (3), (4), and (5), to
  777  the extent such information is available and applicable.
  778         (9) The provisions of this section that restrict the
  779  department’s publication of information are intended only to
  780  limit the information that the department may publish on its
  781  website and shall not be construed to create an exemption from
  782  public records requirements under s. 119.07(1) or s. 24(a), Art.
  783  I of the State Constitution.
  784         (10) The department may adopt rules to administer this
  785  section.
  786         Section 14. Paragraph (c) of subsection (3) of section
  787  288.095, Florida Statutes, is repealed.
  788         Section 15. Paragraph (c) of subsection (4) and paragraph
  789  (d) of subsection (7) of section 288.106, Florida Statutes, are
  790  amended to read:
  791         288.106 Tax refund program for qualified target industry
  792  businesses.—
  793         (4) APPLICATION AND APPROVAL PROCESS.—
  794         (c) Each application meeting the requirements of paragraph
  795  (b) must be submitted to the department for determination of
  796  eligibility. The department shall review and evaluate each
  797  application based on, but not limited to, the following
  798  criteria:
  799         1. Expected contributions to the state’s economy,
  800  consistent with the state strategic economic development plan
  801  prepared by the department.
  802         2. The economic benefits of the proposed award of tax
  803  refunds under this section and the economic benefits of state
  804  incentives proposed for the project. The term “economic
  805  benefits” has the same meaning as in s. 288.005. The Office of
  806  Economic and Demographic Research shall review and evaluate the
  807  methodology and model used to calculate the economic benefits
  808  and shall report its findings by September 1 of every 3rd year,
  809  to the President of the Senate and the Speaker of the House of
  810  Representatives.
  811         3. The amount of capital investment to be made by the
  812  applicant in this state.
  813         4. The local financial commitment and support for the
  814  project.
  815         5. The expected effect of the project on the unemployed and
  816  underemployed unemployment rate in the county where the project
  817  will be located.
  818         6. The expected effect of the award on the viability of the
  819  project and the probability that the project would be undertaken
  820  in this state if such tax refunds are granted to the applicant.
  821         7. The expected long-term commitment of the applicant to
  822  economic growth and employment in this state resulting from the
  823  project.
  824         7.8. A review of the business’s past activities in this
  825  state or other states, including whether the such business has
  826  been subjected to criminal or civil fines and penalties. This
  827  subparagraph does not require the disclosure of confidential
  828  information.
  829         (7) ADMINISTRATION.—
  830         (d) Beginning with tax refund agreements signed after July
  831  1, 2010, the department shall attempt to ascertain the causes
  832  for any business’s failure to complete its agreement and shall
  833  report its findings and recommendations must be included in the
  834  annual incentives report under s. 288.907 to the Governor, the
  835  President of the Senate, and the Speaker of the House of
  836  Representatives. The report shall be submitted by December 1 of
  837  each year beginning in 2011.
  838         Section 16. Paragraphs (c) and (d) of subsection (1),
  839  subsections (2) and (3), and paragraphs (a), (b), and (f) of
  840  subsection (4) of section 288.107, Florida Statutes, are amended
  841  to read:
  842         288.107 Brownfield redevelopment bonus refunds.—
  843         (1) DEFINITIONS.—As used in this section:
  844         (c) “Brownfield area eligible for bonus refunds” means a
  845  brownfield site for which a rehabilitation agreement with the
  846  Department of Environmental Protection or a local government
  847  delegated by the Department of Environmental Protection has been
  848  executed under s. 376.80 and any abutting real property parcel
  849  within a brownfield contiguous area of one or more brownfield
  850  sites, some of which may not be contaminated, and which has been
  851  designated by a local government by resolution under s. 376.80.
  852  Such areas may include all or portions of community
  853  redevelopment areas, enterprise zones, empowerment zones, other
  854  such designated economically deprived communities and areas, and
  855  Environmental-Protection-Agency-designated brownfield pilot
  856  projects.
  857         (d) “Eligible business” means:
  858         1. A qualified target industry business as defined in s.
  859  288.106(2); or
  860         2. A business that can demonstrate a fixed capital
  861  investment of at least $2 million in mixed-use business
  862  activities, including multiunit housing, commercial, retail, and
  863  industrial in brownfield areas eligible for bonus refunds, or at
  864  least $500,000 in brownfield areas that do not require site
  865  cleanup, and that provides benefits to its employees.
  866         (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
  867  shall be approved by the department as specified in the final
  868  order and allowed from the account as follows:
  869         (a) A bonus refund of $2,500 shall be allowed to any
  870  qualified target industry business as defined in s. 288.106 for
  871  each new Florida job created in a brownfield area eligible for
  872  bonus refunds which that is claimed on the qualified target
  873  industry business’s annual refund claim authorized in s.
  874  288.106(6).
  875         (b) A bonus refund of up to $2,500 shall be allowed to any
  876  other eligible business as defined in subparagraph (1)(d)2. for
  877  each new Florida job created in a brownfield area eligible for
  878  bonus refunds which that is claimed under an annual claim
  879  procedure similar to the annual refund claim authorized in s.
  880  288.106(6). The amount of the refund shall be equal to 20
  881  percent of the average annual wage for the jobs created.
  882         (3) CRITERIA.—The minimum criteria for participation in the
  883  brownfield redevelopment bonus refund are:
  884         (a) The creation of at least 10 new full-time permanent
  885  jobs. Such jobs shall not include construction or site
  886  rehabilitation jobs associated with the implementation of a
  887  brownfield site agreement as described in s. 376.80(5).
  888         (b) The completion of a fixed capital investment of at
  889  least $2 million in mixed-use business activities, including
  890  multiunit housing, commercial, retail, and industrial in
  891  brownfield areas eligible for bonus refunds, or at least
  892  $500,000 in brownfield areas that do not require site cleanup,
  893  by an eligible business applying for a refund under paragraph
  894  (2)(b) which provides benefits to its employees.
  895         (c) That the designation as a brownfield will diversify and
  896  strengthen the economy of the area surrounding the site.
  897         (d) That the designation as a brownfield will promote
  898  capital investment in the area beyond that contemplated for the
  899  rehabilitation of the site.
  900         (e) A resolution adopted by the governing board of the
  901  county or municipality in which the project will be located that
  902  recommends that certain types of businesses be approved.
  903         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
  904         (a) To be eligible to receive a bonus refund for new
  905  Florida jobs created in a brownfield area eligible for bonus
  906  refunds, a business must have been certified as a qualified
  907  target industry business under s. 288.106 or eligible business
  908  as defined in paragraph (1)(d) and must have indicated on the
  909  qualified target industry business tax refund application form
  910  submitted in accordance with s. 288.106(4) or other similar
  911  agreement for other eligible business as defined in paragraph
  912  (1)(d) that the project for which the application is submitted
  913  is or will be located in a brownfield area eligible for bonus
  914  refunds and that the business is applying for certification as a
  915  qualified brownfield business under this section, and must have
  916  signed a qualified target industry business tax refund agreement
  917  with the department that indicates that the business has been
  918  certified as a qualified target industry business located in a
  919  brownfield area eligible for bonus refunds and specifies the
  920  schedule of brownfield redevelopment bonus refunds that the
  921  business may be eligible to receive in each fiscal year.
  922         (b) To be considered to receive an eligible brownfield
  923  redevelopment bonus refund payment, the business meeting the
  924  requirements of paragraph (a) must submit a claim once each
  925  fiscal year on a claim form approved by the department which
  926  indicates the location of the brownfield site for which a
  927  rehabilitation agreement with the Department of Environmental
  928  Protection or a local government delegated by the Department of
  929  Environmental Protection has been executed under s. 376.80, the
  930  address of the business facility’s brownfield location, the name
  931  of the brownfield in which it is located, the number of jobs
  932  created, and the average wage of the jobs created by the
  933  business within the brownfield as defined in s. 288.106 or other
  934  eligible business as defined in paragraph (1)(d) and the
  935  administrative rules and policies for that section.
  936         (f) Applications shall be reviewed and certified pursuant
  937  to s. 288.061. The department shall review all applications
  938  submitted under s. 288.106 or other similar application forms
  939  for other eligible businesses as defined in paragraph (1)(d)
  940  which indicate that the proposed project will be located in a
  941  brownfield area eligible for bonus refunds and determine, with
  942  the assistance of the Department of Environmental Protection,
  943  that the project location is within a brownfield area eligible
  944  for bonus refunds as provided in this act.
  945         Section 17. The amendments to s. 288.107, Florida Statutes,
  946  made by this act do not apply to any party seeking a brownfield
  947  redevelopment bonus refund where, before the effective date of
  948  this act:
  949         (1) A resolution endorsing the refund was approved by the
  950  local government;
  951         (2) Any such party seeking the refund filed a notice of
  952  intent to seek a refund or filed an application for the refund
  953  with the Department of Economic Opportunity or Enterprise
  954  Florida, Inc.; or
  955         (3) Any such party seeking the refund executed an actual
  956  tax refund agreement with the Department of Economic
  957  Opportunity.
  958         Section 18. Subsection (8) of section 288.1081, Florida
  959  Statutes, is amended to read:
  960         288.1081 Economic Gardening Business Loan Pilot Program.—
  961         (8) The annual report required under s. 20.60 must describe
  962  On June 30 and December 31 of each year, the department shall
  963  submit a report to the Governor, the President of the Senate,
  964  and the Speaker of the House of Representatives which describes
  965  in detail the use of the loan funds. The report must include, at
  966  a minimum, the number of businesses receiving loans, the number
  967  of full-time equivalent jobs created as a result of the loans,
  968  the amount of wages paid to employees in the newly created jobs,
  969  the locations and types of economic activity undertaken by the
  970  borrowers, the amounts of loan repayments made to date, and the
  971  default rate of borrowers.
  972         Section 19. Subsection (8) of section 288.1082, Florida
  973  Statutes, is amended to read:
  974         288.1082 Economic Gardening Technical Assistance Pilot
  975  Program.—
  976         (8) The annual report required under s. 20.60 must describe
  977  On December 31 of each year, the department shall submit a
  978  report to the Governor, the President of the Senate, and the
  979  Speaker of the House of Representatives which describes in
  980  detail the progress of the pilot program. The report must
  981  include, at a minimum, the number of businesses receiving
  982  assistance, the number of full-time equivalent jobs created as a
  983  result of the assistance, if any, the amount of wages paid to
  984  employees in the newly created jobs, and the locations and types
  985  of economic activity undertaken by the businesses.
  986         Section 20. Paragraph (e) of subsection (3) of section
  987  288.1088, Florida Statutes, is amended to read:
  988         288.1088 Quick Action Closing Fund.—
  989         (3)
  990         (e) The department Enterprise Florida, Inc., shall validate
  991  contractor performance and report. such validation in the annual
  992  incentives report required under s. 288.907 shall be reported
  993  within 6 months after completion of the contract to the
  994  Governor, President of the Senate, and the Speaker of the House
  995  of Representatives.
  996         Section 21. Paragraphs (b) and (d) of subsection (4), and
  997  subsections (9) and (11) of section 288.1089, Florida Statutes,
  998  are amended to read:
  999         288.1089 Innovation Incentive Program.—
 1000         (4) To qualify for review by the department, the applicant
 1001  must, at a minimum, establish the following to the satisfaction
 1002  of the department:
 1003         (b) A research and development project must:
 1004         1. Serve as a catalyst for an emerging or evolving
 1005  technology cluster.
 1006         2. Demonstrate a plan for significant higher education
 1007  collaboration.
 1008         3. Provide the state, at a minimum, a cumulative break-even
 1009  economic benefit return on investment within a 20-year period.
 1010         4. Be provided with a one-to-one match from the local
 1011  community. The match requirement may be reduced or waived in
 1012  rural areas of critical economic concern or reduced in rural
 1013  areas, brownfield areas, and enterprise zones.
 1014         (d) For an alternative and renewable energy project in this
 1015  state, the project must:
 1016         1. Demonstrate a plan for significant collaboration with an
 1017  institution of higher education;
 1018         2. Provide the state, at a minimum, a cumulative break-even
 1019  economic benefit return on investment within a 20-year period;
 1020         3. Include matching funds provided by the applicant or
 1021  other available sources. The match requirement may be reduced or
 1022  waived in rural areas of critical economic concern or reduced in
 1023  rural areas, brownfield areas, and enterprise zones;
 1024         4. Be located in this state; and
 1025         5. Provide at least 35 direct, new jobs that pay an
 1026  estimated annual average wage that equals at least 130 percent
 1027  of the average private sector wage.
 1028         (9) The department shall validate the performance of an
 1029  innovation business, a research and development facility, or an
 1030  alternative and renewable energy business that has received an
 1031  award. At the conclusion of the innovation incentive award
 1032  agreement, or its earlier termination, the department shall
 1033  include in the annual incentives report required under s.
 1034  288.907 a detailed description of, within 90 days, submit a
 1035  report to the Governor, the President of the Senate, and the
 1036  Speaker of the House of Representatives detailing whether the
 1037  recipient of the innovation incentive grant achieved its
 1038  specified outcomes.
 1039         (11)(a) The department shall include in submit to the
 1040  Governor, the President of the Senate, and the Speaker of the
 1041  House of Representatives, as part of the annual incentives
 1042  report required under s. 288.907, a report summarizing the
 1043  activities and accomplishments of the recipients of grants from
 1044  the Innovation Incentive Program during the previous 12 months
 1045  and an evaluation of whether the recipients are catalysts for
 1046  additional direct and indirect economic development in Florida.
 1047         (b) Beginning March 1, 2010, and every third year
 1048  thereafter, the Office of Program Policy Analysis and Government
 1049  Accountability, in consultation with the Auditor General’s
 1050  Office, shall release a report evaluating the Innovation
 1051  Incentive Program’s progress toward creating clusters of high
 1052  wage, high-skilled, complementary industries that serve as
 1053  catalysts for economic growth specifically in the regions in
 1054  which they are located, and generally for the state as a whole.
 1055  Such report should include critical analyses of quarterly and
 1056  annual reports, annual audits, and other documents prepared by
 1057  the Innovation Incentive Program awardees; relevant economic
 1058  development reports prepared by the department, Enterprise
 1059  Florida, Inc., and local or regional economic development
 1060  organizations; interviews with the parties involved; and any
 1061  other relevant data. Such report should also include legislative
 1062  recommendations, if necessary, on how to improve the Innovation
 1063  Incentive Program so that the program reaches its anticipated
 1064  potential as a catalyst for direct and indirect economic
 1065  development in this state.
 1066         Section 22. Subsection (3) of section 288.1253, Florida
 1067  Statutes, is amended to read:
 1068         288.1253 Travel and entertainment expenses.—
 1069         (3) The Office of Film and Entertainment department shall
 1070  include in the annual report for the entertainment industry
 1071  financial incentive program required under s. 288.1254(10) a
 1072  prepare an annual report of the office’s expenditures of the
 1073  Office of Film and Entertainment and provide such report to the
 1074  Legislature no later than December 30 of each year for the
 1075  expenditures of the previous fiscal year. The report must shall
 1076  consist of a summary of all travel, entertainment, and
 1077  incidental expenses incurred within the United States and all
 1078  travel, entertainment, and incidental expenses incurred outside
 1079  the United States, as well as a summary of all successful
 1080  projects that developed from such travel.
 1081         Section 23. Subsection (10) of section 288.1254, Florida
 1082  Statutes, is amended to read:
 1083         288.1254 Entertainment industry financial incentive
 1084  program.—
 1085         (10) ANNUAL REPORT.—Each November 1 October 1, the Office
 1086  of Film and Entertainment shall submit provide an annual report
 1087  for the previous fiscal year to the Governor, the President of
 1088  the Senate, and the Speaker of the House of Representatives
 1089  which outlines the incentive program’s return on investment and
 1090  economic benefits to the state. The report must shall also
 1091  include an estimate of the full-time equivalent positions
 1092  created by each production that received tax credits under this
 1093  section and information relating to the distribution of
 1094  productions receiving credits by geographic region and type of
 1095  production. The report must also include the expenditures report
 1096  required under s. 288.1253(3) and the information describing the
 1097  relationship between tax exemptions and incentives to industry
 1098  growth required under s. 288.1258(5).
 1099         Section 24. Subsection (5) of section 288.1258, Florida
 1100  Statutes, is amended to read:
 1101         288.1258 Entertainment industry qualified production
 1102  companies; application procedure; categories; duties of the
 1103  Department of Revenue; records and reports.—
 1104         (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
 1105  INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The Office of Film
 1106  and Entertainment shall keep annual records from the information
 1107  provided on taxpayer applications for tax exemption certificates
 1108  beginning January 1, 2001. These records also must shall reflect
 1109  a ratio of the annual amount of sales and use tax exemptions
 1110  under this section, plus the incentives awarded pursuant to s.
 1111  288.1254 to the estimated amount of funds expended by certified
 1112  productions. In addition, the office shall maintain data showing
 1113  annual growth in Florida-based entertainment industry companies
 1114  and entertainment industry employment and wages. The employment
 1115  information must shall include an estimate of the full-time
 1116  equivalent positions created by each production that received
 1117  tax credits pursuant to s. 288.1254. The Office of Film and
 1118  Entertainment shall include report this information in the
 1119  annual report for the entertainment industry financial incentive
 1120  program required under s. 288.1254(10) to the Legislature no
 1121  later than December 1 of each year.
 1122         Section 25. Subsection (3) of section 288.714, Florida
 1123  Statutes, is amended to read:
 1124         288.714 Quarterly and annual reports.—
 1125         (3) By August 31 of each year, The department shall include
 1126  in its annual report required under s. 20.60 provide to the
 1127  Governor, the President of the Senate, and the Speaker of the
 1128  House of Representatives a detailed report of the performance of
 1129  the Black Business Loan Program. The report must include a
 1130  cumulative summary of the quarterly report data compiled
 1131  pursuant to required by subsection (2) (1).
 1132         Section 26. Section 288.7771, Florida Statutes, is amended
 1133  to read:
 1134         288.7771 Annual report of Florida Export Finance
 1135  Corporation.—The corporation shall annually prepare and submit
 1136  to Enterprise Florida, Inc., the department for inclusion in its
 1137  annual report required under s. 288.906 by s. 288.095 a complete
 1138  and detailed report setting forth:
 1139         (1) The report required in s. 288.776(3).
 1140         (2) Its assets and liabilities at the end of its most
 1141  recent fiscal year.
 1142         Section 27. Subsections (3), (4), and (5) of section
 1143  288.903, Florida Statutes, are amended to read:
 1144         288.903 Duties of Enterprise Florida, Inc.—Enterprise
 1145  Florida, Inc., shall have the following duties:
 1146         (3) Prepare an annual report pursuant to s. 288.906.
 1147         (4) Prepare, in conjunction with the department, and an
 1148  annual incentives report pursuant to s. 288.907.
 1149         (5)(4) Assist the department with the development of an
 1150  annual and a long-range strategic business blueprint for
 1151  economic development required in s. 20.60.
 1152         (6)(5) In coordination with Workforce Florida, Inc.,
 1153  identify education and training programs that will ensure
 1154  Florida businesses have access to a skilled and competent
 1155  workforce necessary to compete successfully in the domestic and
 1156  global marketplace.
 1157         Section 28. Subsection (6) of section 288.904, Florida
 1158  Statutes, is repealed.
 1159         Section 29. Subsection (3) is added to section 288.906,
 1160  Florida Statutes, to read:
 1161         288.906 Annual report of Enterprise Florida, Inc., and its
 1162  divisions; audits.—
 1163         (3) The following reports must be included as supplements
 1164  to the detailed report required by this section:
 1165         (a)The annual report of the Florida Export Finance
 1166  Corporation required under s. 288.7771.
 1167         (b)The report on international offices required under s.
 1168  288.012.
 1169         Section 30. Section 288.907, Florida Statutes, is amended
 1170  to read:
 1171         288.907 Annual incentives report.—
 1172         (1)By December 30 of each year, In addition to the annual
 1173  report required under s. 288.906, Enterprise Florida, Inc., in
 1174  conjunction with the department, by December 30 of each year,
 1175  shall provide the Governor, the President of the Senate, and the
 1176  Speaker of the House of Representatives a detailed incentives
 1177  report quantifying the economic benefits for all of the economic
 1178  development incentive programs marketed by Enterprise Florida,
 1179  Inc.
 1180         (a) The annual incentives report must include:
 1181         (1) For each incentive program:
 1182         (a)1. A brief description of the incentive program.
 1183         (b)2. The amount of awards granted, by year, since
 1184  inception and the annual amount actually transferred from the
 1185  state treasury to businesses or for the benefit of businesses
 1186  for each of the previous 3 years.
 1187         3. The economic benefits, as defined in s. 288.005, based
 1188  on the actual amount of private capital invested, actual number
 1189  of jobs created, and actual wages paid for incentive agreements
 1190  completed during the previous 3 years.
 1191         (c)4.The report shall also include The actual amount of
 1192  private capital invested, actual number of jobs created, and
 1193  actual wages paid for incentive agreements completed during the
 1194  previous 3 years for each target industry sector.
 1195         (2)(b) For projects completed during the previous state
 1196  fiscal year, the report must include:
 1197         (a)1. The number of economic development incentive
 1198  applications received.
 1199         (b)2. The number of recommendations made to the department
 1200  by Enterprise Florida, Inc., including the number recommended
 1201  for approval and the number recommended for denial.
 1202         (c)3. The number of final decisions issued by the
 1203  department for approval and for denial.
 1204         (d)4. The projects for which a tax refund, tax credit, or
 1205  cash grant agreement was executed, identifying for each project:
 1206         1.a. The number of jobs committed to be created.
 1207         2.b. The amount of capital investments committed to be
 1208  made.
 1209         3.c. The annual average wage committed to be paid.
 1210         4.d. The amount of state economic development incentives
 1211  committed to the project from each incentive program under the
 1212  project’s terms of agreement with the Department of Economic
 1213  Opportunity.
 1214         5.e. The amount and type of local matching funds committed
 1215  to the project.
 1216         (e) Tax refunds paid or other payments made funded out of
 1217  the Economic Development Incentives Account for each project.
 1218         (f) The types of projects supported.
 1219         (3)(c) For economic development projects that received tax
 1220  refunds, tax credits, or cash grants under the terms of an
 1221  agreement for incentives, the report must identify:
 1222         (a)1. The number of jobs actually created.
 1223         (b)2. The amount of capital investments actually made.
 1224         (c)3. The annual average wage paid.
 1225         (4)(d) For a project receiving economic development
 1226  incentives approved by the department and receiving federal or
 1227  local incentives, the report must include a description of the
 1228  federal or local incentives, if available.
 1229         (5)(e) The report must state the number of withdrawn or
 1230  terminated projects that did not fulfill the terms of their
 1231  agreements with the department and, consequently, are not
 1232  receiving incentives.
 1233         (6) For any agreements signed after July 1, 2010, findings
 1234  and recommendations on the efforts of the department to
 1235  ascertain the causes of any business’s inability to complete its
 1236  agreement made under s. 288.106.
 1237         (7)(f) The amount report must include an analysis of the
 1238  economic benefits, as defined in s. 288.005, of tax refunds, tax
 1239  credits, or other payments made to projects locating or
 1240  expanding in state enterprise zones, rural communities,
 1241  brownfield areas, or distressed urban communities. The report
 1242  must include a separate analysis of the impact of such tax
 1243  refunds on state enterprise zones designated under s. 290.0065,
 1244  rural communities, brownfield areas, and distressed urban
 1245  communities.
 1246         (8) The name of and tax refund amount for each business
 1247  that has received a tax refund under s. 288.1045 or s. 288.106
 1248  during the preceding fiscal year.
 1249         (9)(g)An identification of The report must identify the
 1250  target industry businesses and high-impact businesses.
 1251         (10)(h)A description of The report must describe the
 1252  trends relating to business interest in, and usage of, the
 1253  various incentives, and the number of minority-owned or woman
 1254  owned businesses receiving incentives.
 1255         (l1)(i)An identification of The report must identify
 1256  incentive programs not used and recommendations for program
 1257  changes or program elimination utilized.
 1258         (12)Information related to the validation of contractor
 1259  performance required under s. 288.061.
 1260         (13) Beginning in 2014, a summation of the activities
 1261  related to the Florida Space Business Incentives Act.
 1262         (2) The Division of Strategic Business Development within
 1263  the department shall assist Enterprise Florida, Inc., in the
 1264  preparation of the annual incentives report.
 1265         Section 31. Subsection (3) of section 288.92, Florida
 1266  Statutes, is amended to read:
 1267         288.92 Divisions of Enterprise Florida, Inc.—
 1268         (3) By October 15 each year, Each division shall draft and
 1269  submit an annual report for inclusion in the report required
 1270  under s. 288.906 which details the division’s activities during
 1271  the previous prior fiscal year and includes any recommendations
 1272  for improving current statutes related to the division’s related
 1273  area of responsibility.
 1274         Section 32. Subsection (5) of section 288.95155, Florida
 1275  Statutes, is amended to read:
 1276         288.95155 Florida Small Business Technology Growth
 1277  Program.—
 1278         (5) Enterprise Florida, Inc., shall prepare for inclusion
 1279  in the annual report of the department required under s. 288.907
 1280  by s. 288.095 a report on the financial status of the program.
 1281  The report must specify the assets and liabilities of the
 1282  program within the current fiscal year and must include a
 1283  portfolio update that lists all of the businesses assisted, the
 1284  private dollars leveraged by each business assisted, and the
 1285  growth in sales and in employment of each business assisted.
 1286         Section 33. Section 288.9918, Florida Statutes, is amended
 1287  to read:
 1288         288.9918 Annual reporting by a community development
 1289  entity.—
 1290         (1) A community development entity that has issued a
 1291  qualified investment shall submit an annual report to the
 1292  department by January 31 April 30 after the end of each year
 1293  which includes a credit allowance date. The report shall include
 1294  information on investments made in the preceding calendar year
 1295  to include but not limited to the following:
 1296         (1) The entity’s annual financial statements for the
 1297  preceding tax year, audited by an independent certified public
 1298  accountant.
 1299         (a)(2) The identity of the types of industries, identified
 1300  by the North American Industry Classification System Code, in
 1301  which qualified low-income community investments were made.
 1302         (b)(3) The names of the counties in which the qualified
 1303  active low-income businesses are located which received
 1304  qualified low-income community investments.
 1305         (c)(4) The number of jobs created and retained by qualified
 1306  active low-income community businesses receiving qualified low
 1307  income community investments, including verification that the
 1308  average wages paid meet or exceed 115 percent of the federal
 1309  poverty income guidelines for a family of four.
 1310         (d)(5) A description of the relationships that the entity
 1311  has established with community-based organizations and local
 1312  community development offices and organizations and a summary of
 1313  the outcomes resulting from those relationships.
 1314         (e)(6) Other information and documentation required by the
 1315  department to verify continued certification as a qualified
 1316  community development entity under 26 U.S.C. s. 45D.
 1317         (2) By April 30 after the end of each year which includes a
 1318  credit allowance date, a community development entity shall
 1319  submit annual financial statements for the preceding tax year,
 1320  audited by an independent certified public accountant.
 1321         Section 34. Subsection (6) of section 290.0055, Florida
 1322  Statutes, is amended to read:
 1323         290.0055 Local nominating procedure.—
 1324         (6)(a) The department may approve a change in the boundary
 1325  of any enterprise zone which was designated pursuant to s.
 1326  290.0065. A boundary change must continue to satisfy the
 1327  requirements of subsections (3), (4), and (5).
 1328         (b) Upon a recommendation by the enterprise zone
 1329  development agency, the governing body of the jurisdiction which
 1330  authorized the application for an enterprise zone may apply to
 1331  the department for a change in boundary once every 3 years by
 1332  adopting a resolution that:
 1333         1. States with particularity the reasons for the change;
 1334  and
 1335         2. Describes specifically and, to the extent required by
 1336  the department, the boundary change to be made.
 1337         (c) At least 90 days before adopting a resolution seeking a
 1338  change in the boundary of an enterprise zone, the governing body
 1339  shall include in a notice of the meeting at which the resolution
 1340  will be considered an explanation that a change in the boundary
 1341  of an enterprise zone will be considered and that the change may
 1342  result in loss of enterprise zone eligibility for the area
 1343  affected by the boundary change.
 1344         (d)1. The governing body of a jurisdiction which has
 1345  nominated an application for an enterprise zone that is at least
 1346  15 square miles and less than 20 square miles no larger than 12
 1347  square miles and includes a portion of the state designated as a
 1348  rural area of critical economic concern under s. 288.0656(7) may
 1349  apply to the department to expand the boundary of the existing
 1350  enterprise zone by not more than 3 square miles. An application
 1351  to expand the boundary of an enterprise zone under this
 1352  paragraph must be submitted by December 31, 2012.
 1353         2. The governing body of a jurisdiction which has nominated
 1354  an application for an enterprise zone that is at least 20 square
 1355  miles and includes a portion of the state designated as a rural
 1356  area of critical economic concern under s. 288.0656(7) may apply
 1357  to the department to expand the boundary of the existing
 1358  enterprise zone by not more than 5 square miles.
 1359         3. An application to expand the boundary of an enterprise
 1360  zone under this paragraph must be submitted by December 31,
 1361  2013.
 1362         4.2. Notwithstanding the area limitations specified in
 1363  subsection (4), the department may approve the request for a
 1364  boundary amendment if the area continues to satisfy the
 1365  remaining requirements of this section.
 1366         5.3. The department shall establish the initial effective
 1367  date of an enterprise zone designated under this paragraph.
 1368         Section 35. Subsection (11) of section 290.0056, Florida
 1369  Statutes, is amended to read:
 1370         290.0056 Enterprise zone development agency.—
 1371         (11) Before October 1 December 1 of each year, the agency
 1372  shall submit to the department for inclusion in the annual
 1373  report required under s. 20.60 a complete and detailed written
 1374  report setting forth:
 1375         (a) Its operations and accomplishments during the fiscal
 1376  year.
 1377         (b) The accomplishments and progress concerning the
 1378  implementation of the strategic plan or measurable goals, and
 1379  any updates to the strategic plan or measurable goals.
 1380         (c) The number and type of businesses assisted by the
 1381  agency during the fiscal year.
 1382         (d) The number of jobs created within the enterprise zone
 1383  during the fiscal year.
 1384         (e) The usage and revenue impact of state and local
 1385  incentives granted during the calendar year.
 1386         (f) Any other information required by the department.
 1387         Section 36. Section 290.014, Florida Statutes, is amended
 1388  to read:
 1389         290.014 Annual reports on enterprise zones.—
 1390         (1) By October 1 February 1 of each year, the Department of
 1391  Revenue shall submit an annual report to the department
 1392  detailing the usage and revenue impact by county of the state
 1393  incentives listed in s. 290.007.
 1394         (2) By March 1 of each year, the department shall submit an
 1395  annual report to the Governor, the Speaker of the House of
 1396  Representatives, and the President of the Senate. The annual
 1397  report required under s. 20.60 shall include the information
 1398  provided by the Department of Revenue pursuant to subsection (1)
 1399  and the information provided by enterprise zone development
 1400  agencies pursuant to s. 290.0056. In addition, the report shall
 1401  include an analysis of the activities and accomplishments of
 1402  each enterprise zone.
 1403         Section 37. Section 290.0455, Florida Statutes, is amended
 1404  to read:
 1405         290.0455 Small Cities Community Development Block Grant
 1406  Loan Guarantee Program; Section 108 loan guarantees.—
 1407         (1) The Small Cities Community Development Block Grant Loan
 1408  Guarantee Program is created. The department shall administer
 1409  the loan guarantee program pursuant to Section 108 s. 108 of
 1410  Title I of the Housing and Community Development Act of 1974, as
 1411  amended, and as further amended by s. 910 of the Cranston
 1412  Gonzalez National Affordable Housing Act. The purpose of the
 1413  Small Cities Community Development Block Grant Loan Guarantee
 1414  Program is to guarantee, or to make commitments to guarantee,
 1415  notes or other obligations issued by public entities for the
 1416  purposes of financing activities enumerated in 24 C.F.R. s.
 1417  570.703.
 1418         (2) Activities assisted under the loan guarantee program
 1419  must meet the requirements contained in 24 C.F.R. ss. 570.700
 1420  570.710 and may not otherwise be financed in whole or in part
 1421  from the Florida Small Cities Community Development Block Grant
 1422  Program.
 1423         (3) The department may pledge existing revenues on deposit
 1424  or future revenues projected to be available for deposit in the
 1425  Florida Small Cities Community Development Block Grant Program
 1426  in order to guarantee, in whole or in part, the payment of
 1427  principal and interest on a Section 108 loan made under the loan
 1428  guarantee program.
 1429         (4) An applicant approved by the United States Department
 1430  of Housing and Urban Development to receive a Section 108 loan
 1431  shall enter into an agreement with the Department of Economic
 1432  Opportunity which requires the applicant to pledge half of the
 1433  amount necessary to guarantee the loan in the event of default.
 1434         (5) The department shall review all Section 108 loan
 1435  applications that it receives from local governments. The
 1436  department shall review the applications must submit all
 1437  applications it receives to the United States Department of
 1438  Housing and Urban Development for loan approval, in the order
 1439  received, subject to a determination by the department
 1440  determining that each the application meets all eligibility
 1441  requirements contained in 24 C.F.R. ss. 570.700-570.710, and has
 1442  been deemed financially feasible by a loan underwriter approved
 1443  by the department. If the statewide maximum available for loan
 1444  guarantee commitments established in subsection (6) has not been
 1445  committed, the department may submit the Section 108 loan
 1446  application to the United States Department of Housing and Urban
 1447  Development with a recommendation that the loan be approved,
 1448  with or without conditions, or be denied provided that the
 1449  applicant has submitted the proposed activity to a loan
 1450  underwriter to document its financial feasibility.
 1451         (6)(5) The maximum amount of an individual loan guarantee
 1452  commitment that an commitments that any eligible local
 1453  government may receive is may be limited to $5 $7 million
 1454  pursuant to 24 C.F.R. s. 570.705, and the maximum amount of loan
 1455  guarantee commitments statewide may not exceed an amount equal
 1456  to two five times the amount of the most recent grant received
 1457  by the department under the Florida Small Cities Community
 1458  Development Block Grant Program. The $5 million loan guarantee
 1459  limit does not apply to loans guaranteed prior to July 1, 2013,
 1460  that may be refinanced.
 1461         (7)(6)Section 108 loans guaranteed by the Small Cities
 1462  Community Development Block Grant Program loan guarantee program
 1463  must be repaid within 20 years.
 1464         (8)(7)Section 108 loan applicants must demonstrate
 1465  guarantees may be used for an activity only if the local
 1466  government provides evidence to the department that the
 1467  applicant investigated alternative financing services were
 1468  investigated and the services were unavailable or insufficient
 1469  to meet the financing needs of the proposed activity.
 1470         (9) If a local government defaults on a Section 108 loan
 1471  received from the United States Department of Housing and Urban
 1472  Development and guaranteed through the Florida Small Cities
 1473  Community Development Block Grant Program, thereby requiring the
 1474  department to reduce its annual grant award in order to pay the
 1475  annual debt service on the loan, any future community
 1476  development block grants that the local government receives must
 1477  be reduced in an amount equal to the amount of the state’s grant
 1478  award used in payment of debt service on the loan.
 1479         (10) If a local government receives a Section 108 loan
 1480  guaranteed through the Florida Small Cities Community
 1481  Development Block Grant Program and is granted entitlement
 1482  community status as defined in subpart D of 24 C.F.R. part 570
 1483  by the United States Department of Housing and Urban Development
 1484  before paying the loan in full, the local government must pledge
 1485  its community development block grant entitlement allocation as
 1486  a guarantee of its previous loan and request that the United
 1487  States Department of Housing and Urban Development release the
 1488  department as guarantor of the loan.
 1489         (8) The department must, before approving an application
 1490  for a loan, evaluate the applicant’s prior administration of
 1491  block grant funds for community development. The evaluation of
 1492  past performance must take into account the procedural aspects
 1493  of previous grants or loans as well as substantive results. If
 1494  the department finds that any applicant has failed to
 1495  substantially accomplish the results proposed in the applicant’s
 1496  last previously funded application, the department may prohibit
 1497  the applicant from receiving a loan or may penalize the
 1498  applicant in the rating of the current application.
 1499         Section 38. Subsection (11) of section 331.3051, Florida
 1500  Statutes, is amended to read:
 1501         331.3051 Duties of Space Florida.—Space Florida shall:
 1502         (11) Annually report on its performance with respect to its
 1503  business plan, to include finance, spaceport operations,
 1504  research and development, workforce development, and education.
 1505  Space Florida shall submit the report shall be submitted to the
 1506  Governor, the President of the Senate, and the Speaker of the
 1507  House of Representatives by November 30 no later than September
 1508  1 for the previous prior fiscal year. The annual report must
 1509  include operations information as required under s.
 1510  331.310(2)(e).
 1511         Section 39. Paragraph (e) of subsection (2) of section
 1512  331.310, Florida Statutes, is amended to read:
 1513         331.310 Powers and duties of the board of directors.—
 1514         (2) The board of directors shall:
 1515         (e) Prepare an annual report of operations as a supplement
 1516  to the annual report required under s. 331.3051(11). The report
 1517  must shall include, but not be limited to, a balance sheet, an
 1518  income statement, a statement of changes in financial position,
 1519  a reconciliation of changes in equity accounts, a summary of
 1520  significant accounting principles, the auditor’s report, a
 1521  summary of the status of existing and proposed bonding projects,
 1522  comments from management about the year’s business, and
 1523  prospects for the next year, which shall be submitted each year
 1524  by November 30 to the Governor, the President of the Senate, the
 1525  Speaker of the House of Representatives, the minority leader of
 1526  the Senate, and the minority leader of the House of
 1527  Representatives.
 1528         Section 40. Paragraphs (a) and (e) of subsection (30) of
 1529  section 443.036, Florida Statutes, is amended to read:
 1530         443.036 Definitions.—As used in this chapter, the term:
 1531         (30) “Misconduct,” irrespective of whether the misconduct
 1532  occurs at the workplace or during working hours, includes, but
 1533  is not limited to, the following, which may not be construed in
 1534  pari materia with each other:
 1535         (a) Conduct demonstrating conscious disregard of an
 1536  employer’s interests and found to be a deliberate violation or
 1537  disregard of the reasonable standards of behavior which the
 1538  employer expects of his or her employee. Such conduct may
 1539  include, but is not limited to, willful damage to an employer’s
 1540  property that results in damage of more than $50; or theft of
 1541  employer property or property of a customer or invitee of the
 1542  employer.
 1543         (e)1. A violation of an employer’s rule, unless the
 1544  claimant can demonstrate that:
 1545         a.1. He or she did not know, and could not reasonably know,
 1546  of the rule’s requirements;
 1547         b.2. The rule is not lawful or not reasonably related to
 1548  the job environment and performance; or
 1549         c.3. The rule is not fairly or consistently enforced.
 1550         2. Such conduct may include, but is not limited to,
 1551  committing criminal assault or battery on another employee, or
 1552  on a customer or invitee of the employer; or committing abuse or
 1553  neglect of a patient, resident, disabled person, elderly person,
 1554  or child in her or his professional care.
 1555         Section 41. Paragraphs (b), (c), and (d) of subsection (1)
 1556  of section 443.091, Florida Statutes, are amended to read:
 1557         443.091 Benefit eligibility conditions.—
 1558         (1) An unemployed individual is eligible to receive
 1559  benefits for any week only if the Department of Economic
 1560  Opportunity finds that:
 1561         (b) She or he has completed the department’s online work
 1562  registration registered with the department for work and
 1563  subsequently reports to the one-stop career center as directed
 1564  by the regional workforce board for reemployment services. This
 1565  requirement does not apply to persons who are:
 1566         1. Non-Florida residents;
 1567         2. On a temporary layoff;
 1568         3. Union members who customarily obtain employment through
 1569  a union hiring hall; or
 1570         4. Claiming benefits under an approved short-time
 1571  compensation plan as provided in s. 443.1116; or
 1572         5. Unable to complete the online work registration due to
 1573  illiteracy, physical or mental impairment, a legal prohibition
 1574  from using a computer, or a language impediment. If a person is
 1575  exempted from the online work registration under this
 1576  subparagraph, then the filing of his or her claim constitutes
 1577  registration for work.
 1578         (c) To make continued claims for benefits, she or he is
 1579  reporting to the department in accordance with this paragraph
 1580  and department rules, and participating in an initial skills
 1581  review, as directed by the department. Department rules may not
 1582  conflict with s. 443.111(1)(b), which requires that each
 1583  claimant continue to report regardless of any pending appeal
 1584  relating to her or his eligibility or disqualification for
 1585  benefits.
 1586         1. For each week of unemployment claimed, each report must,
 1587  at a minimum, include the name, address, and telephone number of
 1588  each prospective employer contacted, or the date the claimant
 1589  reported to a one-stop career center, pursuant to paragraph (d).
 1590         2. The administrator or operator of the initial skills
 1591  review shall notify the department when the individual completes
 1592  the initial skills review and report the results of the review
 1593  to the regional workforce board or the one-stop career center as
 1594  directed by the workforce board. The department shall prescribe
 1595  a numeric score on the initial skills review that demonstrates a
 1596  minimal proficiency in workforce skills. The department,
 1597  workforce board, or one-stop career center shall use the initial
 1598  skills review to develop a plan for referring individuals to
 1599  training and employment opportunities. The failure of the
 1600  individual to comply with this requirement will result in the
 1601  individual being determined ineligible for benefits for the week
 1602  in which the noncompliance occurred and for any subsequent week
 1603  of unemployment until the requirement is satisfied. However,
 1604  this requirement does not apply if the individual is able to
 1605  affirmatively attest to being unable to complete such review due
 1606  to illiteracy or a language impediment or is exempt from the
 1607  work registration requirement as set forth in paragraph (b).
 1608         3. Any individual who falls below the minimal proficiency
 1609  score prescribed by the department in subparagraph 2. on the
 1610  initial skills review shall be offered training opportunities
 1611  and encouraged to participate in such training at no cost to the
 1612  individual in order to improve his or her workforce skills to
 1613  the minimal proficiency level.
 1614         4. The department shall coordinate with Workforce Florida,
 1615  Inc., the workforce boards, and the one-stop career centers to
 1616  identify, develop, and utilize best practices for improving the
 1617  skills of individuals who choose to participate in training
 1618  opportunities and who have a minimal proficiency score below the
 1619  score prescribed in subparagraph 2.
 1620         5. The department, in coordination with Workforce Florida,
 1621  Inc., the workforce boards, and the one-stop career centers,
 1622  shall evaluate the use, effectiveness, and costs associated with
 1623  the training prescribed in subparagraph 3. and report its
 1624  findings and recommendations for training and the use of best
 1625  practices to the Governor, the President of the Senate, and the
 1626  Speaker of the House of Representatives by January 1, 2013.
 1627         (d) She or he is able to work and is available for work. In
 1628  order to assess eligibility for a claimed week of unemployment,
 1629  the department shall develop criteria to determine a claimant’s
 1630  ability to work and availability for work. A claimant must be
 1631  actively seeking work in order to be considered available for
 1632  work. This means engaging in systematic and sustained efforts to
 1633  find work, including contacting at least five prospective
 1634  employers for each week of unemployment claimed. The department
 1635  may require the claimant to provide proof of such efforts to the
 1636  one-stop career center as part of reemployment services. A
 1637  claimant’s proof of work search efforts may not include the same
 1638  prospective employer at the same location in three consecutive
 1639  weeks, unless the employer has indicated since the time of the
 1640  initial contact that the employer is hiring. The department
 1641  shall conduct random reviews of work search information provided
 1642  by claimants. As an alternative to contacting at least five
 1643  prospective employers for any week of unemployment claimed, a
 1644  claimant may, for that same week, report in person to a one-stop
 1645  career center to meet with a representative of the center and
 1646  access reemployment services of the center. The center shall
 1647  keep a record of the services or information provided to the
 1648  claimant and shall provide the records to the department upon
 1649  request by the department. However:
 1650         1. Notwithstanding any other provision of this paragraph or
 1651  paragraphs (b) and (e), an otherwise eligible individual may not
 1652  be denied benefits for any week because she or he is in training
 1653  with the approval of the department, or by reason of s.
 1654  443.101(2) relating to failure to apply for, or refusal to
 1655  accept, suitable work. Training may be approved by the
 1656  department in accordance with criteria prescribed by rule. A
 1657  claimant’s eligibility during approved training is contingent
 1658  upon satisfying eligibility conditions prescribed by rule.
 1659         2. Notwithstanding any other provision of this chapter, an
 1660  otherwise eligible individual who is in training approved under
 1661  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
 1662  determined ineligible or disqualified for benefits due to
 1663  enrollment in such training or because of leaving work that is
 1664  not suitable employment to enter such training. As used in this
 1665  subparagraph, the term “suitable employment” means work of a
 1666  substantially equal or higher skill level than the worker’s past
 1667  adversely affected employment, as defined for purposes of the
 1668  Trade Act of 1974, as amended, the wages for which are at least
 1669  80 percent of the worker’s average weekly wage as determined for
 1670  purposes of the Trade Act of 1974, as amended.
 1671         3. Notwithstanding any other provision of this section, an
 1672  otherwise eligible individual may not be denied benefits for any
 1673  week because she or he is before any state or federal court
 1674  pursuant to a lawfully issued summons to appear for jury duty.
 1675         4. Union members who customarily obtain employment through
 1676  a union hiring hall may satisfy the work search requirements of
 1677  this paragraph by reporting daily to their union hall.
 1678         5. The work search requirements of this paragraph do not
 1679  apply to persons who are unemployed as a result of a temporary
 1680  layoff or who are claiming benefits under an approved short-time
 1681  compensation plan as provided in s. 443.1116.
 1682         6. In small counties as defined in s. 120.52(19), a
 1683  claimant engaging in systematic and sustained efforts to find
 1684  work must contact at least three prospective employers for each
 1685  week of unemployment claimed.
 1686         7. The work search requirements of this paragraph do not
 1687  apply to persons required to participate in reemployment
 1688  services under paragraph (e).
 1689         Section 42. Subsection (13) is added to section 443.101,
 1690  Florida Statutes, to read:
 1691         443.101 Disqualification for benefits.—An individual shall
 1692  be disqualified for benefits:
 1693         (13) For any week with respect to which the department
 1694  finds that his or her unemployment is due to a discharge from
 1695  employment for failure without good cause to maintain a license,
 1696  registration, or certification required by applicable law
 1697  necessary for the employee to perform her or his assigned job
 1698  duties. For purposes of this paragraph, the term “good cause”
 1699  includes, but is not limited to, failure of the employer to
 1700  submit information required for a license, registration, or
 1701  certification; short-term physical injury which prevents the
 1702  employee from completing or taking a required test; and
 1703  inability to take or complete a required test that is outside
 1704  the employee’s control.
 1705         Section 43. Paragraph (b) of subsection (4) of section
 1706  443.1113, Florida Statutes, is amended to read:
 1707         443.1113 Reemployment Assistance Claims and Benefits
 1708  Information System.—
 1709         (4) The project to implement the Reemployment Assistance
 1710  Claims and Benefits Information System is shall be comprised of
 1711  the following phases and corresponding implementation
 1712  timeframes:
 1713         (b) The Reemployment Assistance Claims and Benefits
 1714  Internet portal that replaces the Florida Unemployment Internet
 1715  Direct and the Florida Continued Claims Internet Directory
 1716  systems, the Call Center Interactive Voice Response System, the
 1717  Benefit Overpayment Screening System, the Internet and Intranet
 1718  Appeals System, and the Claims and Benefits Mainframe System
 1719  shall be deployed to full operational status no later than the
 1720  end of fiscal year 2013-2014 2012-2013.
 1721         Section 44. Subsection (5) of section 443.131, Florida
 1722  Statutes, is amended to read:
 1723         443.131 Contributions.—
 1724         (5) ADDITIONAL RATE FOR INTEREST ON FEDERAL ADVANCES.—
 1725         (a) When the Unemployment Compensation Trust Fund has
 1726  received advances from the Federal Government under the
 1727  provisions of 42 U.S.C. s. 1321, each contributing employer
 1728  shall be assessed an additional rate solely for the purpose of
 1729  paying interest due on such federal advances. The additional
 1730  rate shall be assessed no later than February 1 in each calendar
 1731  year in which an interest payment is due.
 1732         (b) The Revenue Estimating Conference shall estimate the
 1733  amount of such interest due on federal advances by no later than
 1734  December 1 of the calendar year before preceding the calendar
 1735  year in which an interest payment is due. The Revenue Estimating
 1736  Conference shall, at a minimum, consider the following as the
 1737  basis for the estimate:
 1738         1. The amounts actually advanced to the trust fund.
 1739         2. Amounts expected to be advanced to the trust fund based
 1740  on current and projected unemployment patterns and employer
 1741  contributions.
 1742         3. The interest payment due date.
 1743         4. The interest rate that will be applied by the Federal
 1744  Government to any accrued outstanding balances.
 1745         (c)(b)The tax collection service provider shall calculate
 1746  the additional rate to be assessed against contributing
 1747  employers. The additional rate assessed for a calendar year is
 1748  shall be determined by dividing the estimated amount of interest
 1749  to be paid in that year by 95 percent of the taxable wages as
 1750  described in s. 443.1217 paid by all employers for the year
 1751  ending June 30 of the previous immediately preceding calendar
 1752  year. The amount to be paid by each employer is shall be the
 1753  product obtained by multiplying such employer’s taxable wages as
 1754  described in s. 443.1217 for the year ending June 30 of the
 1755  previous immediately preceding calendar year by the rate as
 1756  determined by this subsection. An assessment may not be made if
 1757  the amount of assessments on deposit from previous years, plus
 1758  any earned interest, is at least 80 percent of the estimated
 1759  amount of interest.
 1760         (d) The tax collection service provider shall make a
 1761  separate collection of such assessment, which may be collected
 1762  at the time of employer contributions and subject to the same
 1763  penalties for failure to file a report, imposition of the
 1764  standard rate pursuant to paragraph (3)(h), and interest if the
 1765  assessment is not received on or before June 30. Section
 1766  443.141(1)(d) and (e) does not apply to this separately
 1767  collected assessment. The tax collection service provider shall
 1768  maintain those funds in the tax collection service provider’s
 1769  Audit and Warrant Clearing Trust Fund until the provider is
 1770  directed by the Governor or the Governor’s designee to make the
 1771  interest payment to the Federal Government. Assessments on
 1772  deposit must be available to pay the interest on advances
 1773  received from the Federal Government under 42 U.S.C. s. 1321.
 1774  Assessments on deposit may be invested and any interest earned
 1775  shall be part of the balance available to pay the interest on
 1776  advances received from the Federal Government under 42 U.S.C. s.
 1777  1321.
 1778         (e) Four months after In the calendar year that all
 1779  advances from the Federal Government under 42 U.S.C. s. 1321 and
 1780  associated interest are repaid, if there are assessment funds in
 1781  excess of the amount required to meet the final interest
 1782  payment, any such excess assessed funds in the Audit and Warrant
 1783  Clearing Trust Fund, including associated interest, shall be
 1784  transferred to credited to employer accounts in the Unemployment
 1785  Compensation Trust Fund. Any assessment amounts subsequently
 1786  collected shall also be transferred to the Unemployment
 1787  Compensation Trust Fund in an amount equal to the employer’s
 1788  contribution to the assessment for that year divided by the
 1789  total amount of the assessment for that year, the result of
 1790  which is multiplied by the amount of excess assessed funds.
 1791         (f) If However, if the state is permitted to defer interest
 1792  payments due during a calendar year under 42 U.S.C. s. 1322,
 1793  payment of the interest assessment is shall not be due. If a
 1794  deferral of interest expires or is subsequently disallowed by
 1795  the Federal Government, either prospectively or retroactively,
 1796  the interest assessment shall be immediately due and payable.
 1797  Notwithstanding any other provision of this section, if interest
 1798  due during a calendar year on federal advances is forgiven or
 1799  postponed under federal law and is no longer due during that
 1800  calendar year, no interest assessment shall be assessed against
 1801  an employer for that calendar year, and any assessment already
 1802  assessed and collected against an employer before the
 1803  forgiveness or postponement of the interest for that calendar
 1804  year shall be credited to such employer’s account in the
 1805  Unemployment Compensation Trust Fund. However, such funds may be
 1806  used only to pay benefits or refunds of erroneous contributions.
 1807         (g) This subsection expires July 1, 2014.
 1808         Section 45. Paragraph (b) of subsection (2) and paragraph
 1809  (a) of subsection (3), and paragraph (a) of subsection (6) of
 1810  section 443.151, Florida Statutes, are amended to read:
 1811         443.151 Procedure concerning claims.—
 1812         (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
 1813  CLAIMANTS AND EMPLOYERS.—
 1814         (b) Process.—When the Reemployment Assistance Claims and
 1815  Benefits Information System described in s. 443.1113 is fully
 1816  operational, the process for filing claims must incorporate the
 1817  process for registering for work with the workforce information
 1818  systems established pursuant to s. 445.011. Unless exempted
 1819  under s. 443.091(1)(b)5., a claim for benefits may not be
 1820  processed until the work registration requirement is satisfied.
 1821  The department may adopt rules as necessary to administer the
 1822  work registration requirement set forth in this paragraph.
 1823         (3) DETERMINATION OF ELIGIBILITY.—
 1824         (a) Notices of claim.—The Department of Economic
 1825  Opportunity shall promptly provide a notice of claim to the
 1826  claimant’s most recent employing unit and all employers whose
 1827  employment records are liable for benefits under the monetary
 1828  determination. The employer must respond to the notice of claim
 1829  within 20 days after the mailing date of the notice, or in lieu
 1830  of mailing, within 20 days after the delivery of the notice. If
 1831  a contributing employer or its agent fails to timely or
 1832  adequately respond to the notice of claim or request for
 1833  information, the employer’s account may not be relieved of
 1834  benefit charges as provided in s. 443.131(3)(a), notwithstanding
 1835  paragraph (5)(b). The department may adopt rules as necessary to
 1836  implement the processes described in this paragraph relating to
 1837  notices of claim.
 1838         (6) RECOVERY AND RECOUPMENT.—
 1839         (a) Any person who, by reason of her or his fraud, receives
 1840  benefits under this chapter to which she or he is not entitled
 1841  is liable for repaying those benefits to the Department of
 1842  Economic Opportunity on behalf of the trust fund or, in the
 1843  discretion of the department, to have those benefits deducted
 1844  from future benefits payable to her or him under this chapter.
 1845  In addition, the department shall impose upon the claimant a
 1846  penalty equal to 15 percent of the amount overpaid. To enforce
 1847  this paragraph, the department must find the existence of fraud
 1848  through a redetermination or decision under this section within
 1849  2 years after the fraud was committed. Any recovery or
 1850  recoupment of benefits must be commenced within 7 years after
 1851  the redetermination or decision.
 1852         Section 46. Effective January 1, 2014, paragraph (a) of
 1853  subsection (4) of section 443.151, Florida Statutes, is amended
 1854  to read:
 1855         (4) APPEALS.—
 1856         (a) Appeals referees.—
 1857         1. The Department of Economic Opportunity shall appoint one
 1858  or more impartial salaried appeals referees in accordance with
 1859  s. 443.171(3) to hear and decide appealed claims.
 1860         2. An appeals referee must be an attorney in good standing
 1861  with the Florida Bar or be successfully admitted to the Florida
 1862  Bar within 8 months after his or her date of employment. This
 1863  subparagraph does not apply to an appeals referee appointed
 1864  before January 1, 2014.
 1865         3. A person may not participate on behalf of the department
 1866  as an appeals referee in any case in which she or he is an
 1867  interested party.
 1868         4. The department may designate alternates to serve in the
 1869  absence or disqualification of any appeals referee on a
 1870  temporary basis. These alternates must have the same
 1871  qualifications required of appeals referees.
 1872         5. The department shall provide the commission and the
 1873  appeals referees with proper facilities and assistance for the
 1874  execution of their functions.
 1875         Section 47. Subsection (1) of section 443.1715, Florida
 1876  Statutes, is amended to read:
 1877         443.1715 Disclosure of information; confidentiality.—
 1878         (1) RECORDS AND REPORTS.—Information revealing an employing
 1879  unit’s or individual’s identity obtained from the employing unit
 1880  or any individual under the administration of this chapter, and
 1881  any determination revealing that information, is confidential
 1882  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1883  Constitution. This confidential information may be released in
 1884  accordance with the provisions in 20 C.F.R. part 603. A person
 1885  receiving confidential information who violates this subsection
 1886  commits a misdemeanor of the second degree, punishable as
 1887  provided in s. 775.082 or s. 775.083. The Department of Economic
 1888  Opportunity or its tax collection service provider may, however,
 1889  furnish to any employer copies of any report submitted by that
 1890  employer upon the request of the employer and may furnish to any
 1891  claimant copies of any report submitted by that claimant upon
 1892  the request of the claimant. The department or its tax
 1893  collection service provider may charge a reasonable fee for
 1894  copies of these reports as prescribed by rule, which may not
 1895  exceed the actual reasonable cost of the preparation of the
 1896  copies. Fees received for copies under this subsection must be
 1897  deposited in the Employment Security Administration Trust Fund.
 1898         Section 48. Subsection (1) of section 443.191, Florida
 1899  Statutes, is amended to read:
 1900         443.191 Unemployment Compensation Trust Fund; establishment
 1901  and control.—
 1902         (1) There is established, as a separate trust fund apart
 1903  from all other public funds of this state, an Unemployment
 1904  Compensation Trust Fund, which shall be administered by the
 1905  Department of Economic Opportunity exclusively for the purposes
 1906  of this chapter. The fund must shall consist of:
 1907         (a) All contributions and reimbursements collected under
 1908  this chapter;
 1909         (b) Interest earned on any moneys in the fund;
 1910         (c) Any property or securities acquired through the use of
 1911  moneys belonging to the fund;
 1912         (d) All earnings of these properties or securities;
 1913         (e) All money credited to this state’s account in the
 1914  federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
 1915  1103; and
 1916         (f) All money collected for penalties imposed pursuant to
 1917  s. 443.151(6)(a); and
 1918         (g) Advances on the amount in the federal Unemployment
 1919  Compensation Trust Fund credited to the state under 42 U.S.C. s.
 1920  1321, as requested by the Governor or the Governor’s designee.
 1921  
 1922  Except as otherwise provided in s. 443.1313(4), all moneys in
 1923  the fund must shall be mingled and undivided.
 1924         Section 49. Paragraph (b) of subsection (3) and subsection
 1925  (4) of section 446.50, Florida Statutes, are amended to read:
 1926         446.50 Displaced homemakers; multiservice programs; report
 1927  to the Legislature; Displaced Homemaker Trust Fund created.—
 1928         (3) POWERS AND DUTIES OF THE DEPARTMENT OF ECONOMIC
 1929  OPPORTUNITY.—
 1930         (b)1. The department shall enter into contracts with, and
 1931  make grants to, public and nonprofit private entities for
 1932  purposes of establishing multipurpose service programs for
 1933  displaced homemakers under this section. Such grants and
 1934  contracts must shall be awarded pursuant to chapter 287 and
 1935  based on criteria established in the program state plan as
 1936  provided in subsection (4) developed pursuant to this section.
 1937  The department shall designate catchment areas that together,
 1938  must shall compose the entire state, and, to the extent possible
 1939  from revenues in the Displaced Homemaker Trust Fund, the
 1940  department shall contract with, and make grants to, entities
 1941  that will serve entire catchment areas so that displaced
 1942  homemaker service programs are available statewide. These
 1943  catchment areas must shall be coterminous with the state’s
 1944  workforce development regions. The department may give priority
 1945  to existing displaced homemaker programs when evaluating bid
 1946  responses to the request for proposals.
 1947         2. In order to receive funds under this section, and unless
 1948  specifically prohibited by law from doing so, an entity that
 1949  provides displaced homemaker service programs must receive at
 1950  least 25 percent of its funding from one or more local,
 1951  municipal, or county sources or nonprofit private sources. In
 1952  kind contributions may be evaluated by the department and
 1953  counted as part of the required local funding.
 1954         3. The department shall require an entity that receives
 1955  funds under this section to maintain appropriate data to be
 1956  compiled in an annual report to the department. Such data must
 1957  shall include, but is shall not be limited to, the number of
 1958  clients served, the units of services provided, designated
 1959  client-specific information including intake and outcome
 1960  information specific to each client, costs associated with
 1961  specific services and program administration, total program
 1962  revenues by source and other appropriate financial data, and
 1963  client followup information at specified intervals after the
 1964  placement of a displaced homemaker in a job.
 1965         (4) DISPLACED HOMEMAKER PROGRAM STATE PLAN.—
 1966         (a) The Department of Economic Opportunity shall include in
 1967  its annual report required under s. 20.60 a develop a 3-year
 1968  state plan for the displaced homemaker program which shall be
 1969  updated annually. The plan must address, at a minimum, the need
 1970  for programs specifically designed to serve displaced
 1971  homemakers, any necessary service components for such programs
 1972  in addition to those described enumerated in this section, goals
 1973  of the displaced homemaker program with an analysis of the
 1974  extent to which those goals are being met, and recommendations
 1975  for ways to address any unmet program goals. Any request for
 1976  funds for program expansion must be based on the state plan.
 1977         (b)The displaced homemaker program Each annual update must
 1978  address any changes in the components of the 3-year state plan
 1979  and a report that must include, but need not be limited to, the
 1980  following:
 1981         (a)1. The scope of the incidence of displaced homemakers;
 1982         (b)2. A compilation and report, by program, of data
 1983  submitted to the department pursuant to subparagraph (3)(b)3.
 1984  subparagraph 3. by funded displaced homemaker service programs;
 1985         (c)3. An identification and description of the programs in
 1986  the state which receive funding from the department, including
 1987  funding information; and
 1988         (d)4. An assessment of the effectiveness of each displaced
 1989  homemaker service program based on outcome criteria established
 1990  by rule of the department.
 1991         (c) The 3-year state plan must be submitted to the
 1992  President of the Senate, the Speaker of the House of
 1993  Representatives, and the Governor on or before January 1, 2001,
 1994  and annual updates of the plan must be submitted by January 1 of
 1995  each subsequent year.
 1996         Section 50. Section 288.80, Florida Statutes, is created to
 1997  read:
 1998         288.80 Short title.—Sections 288.80-288.84 may be cited as
 1999  the “Gulf Coast Economic Corridor Act.”
 2000         Section 51. Section 288.801, Florida Statutes, is created
 2001  to read:
 2002         288.801Gulf Coast Economic Corridor; Legislative Intent.
 2003  The Legislature recognizes that fully supporting areas affected
 2004  by the Deepwater Horizon disaster to ensure goals for economic
 2005  recovery and diversification are achieved is in the best
 2006  interest of the citizens of the state. The Legislature intends
 2007  to provide a long-term source of funding for efforts of economic
 2008  recovery and enhancement in the gulf coast region. The
 2009  Legislature finds that it is important to help businesses,
 2010  individuals, and local governments in the Gulf Coast region
 2011  recover.
 2012         Section 52. Section 288.81, Florida Statutes, is created to
 2013  read:
 2014         288.81 Definitions.—As used in ss. 288.80-288.84, the term:
 2015         (a) “Awardee” means a person, organization, or local
 2016  government granted an award of funds from the Recovery Fund for
 2017  a project or program.
 2018         (b) “Disproportionately affected county” means Bay County,
 2019  Escambia County, Franklin County, Gulf County, Okaloosa County,
 2020  Santa Rosa County, Walton County, or Wakulla County.
 2021         (c) “Earnings” means all the income generated by
 2022  investments and interest.
 2023         (d) “Recovery Fund” means a trust account established by
 2024  Triumph Gulf Coast, Inc., for the benefit of the
 2025  disproportionately affected counties.
 2026         Section 53. Section 288.82, Florida Statutes, is created to
 2027  read:
 2028         288.82Triumph Gulf Coast, Inc.; Recovery Fund; Creation;
 2029  Investment.—
 2030         (1)There is created within the Department of Economic
 2031  Opportunity a nonprofit corporation, to be known as Triumph Gulf
 2032  Coast, Inc., which shall be registered, incorporated, organized,
 2033  and operated in compliance with chapter 617, and which is not a
 2034  unit or entity of state government. Triumph Gulf Coast, Inc.,
 2035  may receive, hold, invest, and administer the Recovery Fund in
 2036  support of this act. Triumph Gulf Coast, Inc., is a separate
 2037  budget entity and is not subject to control, supervision, or
 2038  direction by the Department of Economic Opportunity in any
 2039  manner, including, but not limited to, personnel, purchasing,
 2040  transactions involving real or personal property, and budgetary
 2041  matters.
 2042         (2) Triumph Gulf Coast, Inc., must create and administer
 2043  the Recovery Fund for the benefit of the disproportionately
 2044  affected counties. The principal of the fund shall derive from
 2045  75 percent of all funds recovered by the Attorney General for
 2046  economic damage to the state resulting from the Deepwater
 2047  Horizon disaster, after payment of reasonable and necessary
 2048  attorney fees, costs, and expenses, including such attorney
 2049  fees, costs, and expenses pursuant to s. 16.0155.
 2050         (3) The Recovery Fund must be maintained as a long-term and
 2051  stable source of revenue, which shall decline over a 30-year
 2052  period in equal amounts each year. Triumph Gulf Coast, Inc.,
 2053  shall establish a trust account at a federally insured financial
 2054  institution to hold funds and make deposits and payments.
 2055  Earnings generated by investments and interest of the fund, plus
 2056  the amount of principal available each year, shall be available
 2057  to make awards pursuant to this act and pay administrative
 2058  costs. Earnings shall be accounted for separately from principal
 2059  funds set forth in subsection (2). Administrative costs are
 2060  limited to 2.25 percent of the earnings in a calendar year.
 2061  Administrative costs include payment of investment fees, travel
 2062  and per diem expenses of board members, audits, salary or other
 2063  costs for employed or contracted staff, including required staff
 2064  under s. 288.83(9), and other allowable costs. Any funds
 2065  remaining in the Recovery Fund after 30 years shall revert to
 2066  the State Treasury.
 2067         (4) Triumph Gulf Coast, Inc., shall invest and reinvest the
 2068  principal of the Recovery Fund in accordance with s. 617.2104,
 2069  in such a manner not to subject the funds to state or federal
 2070  taxes, and consistent with an investment policy statement
 2071  adopted by the corporation.
 2072         (a) The board of directors shall formulate an investment
 2073  policy governing the investment of the principal of the Recovery
 2074  Fund. The policy shall pertain to the types, kinds or nature of
 2075  investment of any of the funds, and any limitations, conditions
 2076  or restrictions upon the methods, practices or procedures for
 2077  investment, reinvestments, purchases, sales or exchange
 2078  transactions, provided such policies shall not conflict with nor
 2079  be in derogation of any state constitutional provision or law.
 2080  The policy shall be formulated with the advice of the financial
 2081  advisor in consultation with the State Board of Administration
 2082         (b) Triumph Gulf Coast, Inc., must competitively procure
 2083  one or more money managers, under the advice of the financial
 2084  advisor in consultation with the State Board of Administration,
 2085  to invest the principal of the Recovery Fund. The applicant
 2086  manager or managers may not include representatives from the
 2087  financial institution housing the trust account for the Recovery
 2088  Fund. The applicant manager or managers must present a plan to
 2089  invest the Recovery Fund to maximize earnings while prioritizing
 2090  the preservation of Recovery Fund principal. Any agreement with
 2091  a money manager must be reviewed by Triumph Gulf Coast, Inc.,
 2092  for continuance at least every 5 years. Plans should include
 2093  investment in technology and growth businesses domiciled in, or
 2094  that will be domiciled in, this state or businesses whose
 2095  principal address is in this state.
 2096         (c) Costs and fees for investment services shall be
 2097  deducted from the earnings as administrative costs. Fees for
 2098  investment services shall be no greater than 150 basis points.
 2099         (d) Annually, Triumph Gulf Coast, Inc., shall cause an
 2100  audit to be conducted of the investment of the Recovery Fund by
 2101  the independent certified public accountant retained in s.
 2102  288.83. The expense of such audit shall be paid from earnings
 2103  for administrative purposes.
 2104         (5) Triumph Gulf Coast, Inc., shall report on June 30 and
 2105  December 30 each year to the Governor, the President of the
 2106  Senate, and the Speaker of the House of Representatives on the
 2107  financial status of the Recovery Fund and its investments, the
 2108  established priorities, the project and program selection
 2109  process, including a list of all submitted projects and reasons
 2110  for approval or denial, and the status of all approved awards.
 2111         (6) The Auditor General shall conduct an audit of the
 2112  Recovery Fund and Triumph Gulf Coast, Inc., annually. Triumph
 2113  Gulf Coast, Inc., shall provide to the Auditor General any
 2114  detail or supplemental data required.
 2115         Section 54. Section 288.83, Florida Statutes, is created to
 2116  read:
 2117         288.83Triumph Gulf Coast, Inc.; Organization; Board of
 2118  Directors.—
 2119         (1)Triumph Gulf Coast, Inc., is subject to the provisions
 2120  of chapter 119 relating to public records and those provisions
 2121  of chapter 286 relating to public meetings and records.
 2122         (2)Triumph Gulf Coast, Inc., shall be governed by a 5
 2123  member board of directors. Each of the Trustees of the State
 2124  Board of Administration, the President of the Senate, and the
 2125  Speaker of the House of Representatives shall each appoint one
 2126  member from the private sector. The board of directors shall
 2127  annually elect a chairperson from among the board’s members. The
 2128  chairperson may be removed by a majority vote of the members.
 2129  His or her successor shall be elected to serve for the balance
 2130  of the removed chairperson’s term. The chairperson is
 2131  responsible to ensure records are kept of the proceedings of the
 2132  board of directors and is the custodian of all books, documents,
 2133  and papers filed with the board; the minutes of meetings of the
 2134  board; and the official seal of Triumph Gulf Coast, Inc.
 2135         (3)Each member of the board of directors shall serve for a
 2136  term of 4 years, except that initially the appointments of the
 2137  President of the Senate and the Speaker of the House of
 2138  Representatives each shall serve a term of 2 years to achieve
 2139  staggered terms among the members of the board. A member is not
 2140  eligible for reappointment to the board, except, however, any
 2141  member appointed to a term of 2 years or less may be reappointed
 2142  for an additional term of 4 years. The initial appointments to
 2143  the board must be made by November 15, 2013. Vacancies on the
 2144  board of directors shall be filled by the officer who originally
 2145  appointed the member. A vacancy that occurs before the scheduled
 2146  expiration of the term of the member shall be filled for the
 2147  remainder of the unexpired term.
 2148         (4)The Legislature determines that it is in the public
 2149  interest for the members of the board of directors to be subject
 2150  to the requirements of ss. 112.3135, 112.3143, and 112.313,
 2151  notwithstanding the fact that the board members are not public
 2152  officers or employees. For purposes of those sections, the board
 2153  members shall be considered to be public officers or employees.
 2154  In addition to the postemployment restrictions of s. 112.313(9),
 2155  a person appointed to the board of directors must agree to
 2156  refrain from having any direct interest in any contract,
 2157  franchise, privilege, project, program, or other benefit arising
 2158  from an award by Triumph Gulf Coast, Inc., during the term of
 2159  his or her appointment and for 2 years after the termination of
 2160  such appointment. It is a misdemeanor of the first degree,
 2161  punishable as provided in s. 775.082 or s. 775.083, for a person
 2162  to accept appointment to the board of directors in violation of
 2163  this subsection or to accept a direct interest in any contract,
 2164  franchise, privilege, project, program, or other benefit granted
 2165  by Triumph Gulf Coast, Inc., to an awardee within 2 years after
 2166  the termination of his or her service on the board. Further,
 2167  each member of the board of directors who is not otherwise
 2168  required to file financial disclosure under s. 8, Art. II of the
 2169  State Constitution or s. 112.3144 shall file disclosure of
 2170  financial interests under s. 112.3145.
 2171         (5)Each member of the board of directors shall serve
 2172  without compensation, but shall receive travel and per diem
 2173  expenses as provided in s. 112.061 while in the performance of
 2174  his or her duties.
 2175         (6)Each member of the board of directors is accountable
 2176  for the proper performance of the duties of office, and each
 2177  member owes a fiduciary duty to the people of the state to
 2178  ensure that awards provided are disbursed and used, and
 2179  investments are made, as prescribed by law and contract. An
 2180  appointed member of the board of directors may be removed by the
 2181  officer that appointed the member for malfeasance, misfeasance,
 2182  neglect of duty, incompetence, permanent inability to perform
 2183  official duties, unexcused absence from three consecutive
 2184  meetings of the board, arrest or indictment for a crime that is
 2185  a felony or a misdemeanor involving theft or a crime of
 2186  dishonesty, or pleading nolo contendere to, or being found
 2187  guilty of, any crime.
 2188         (7)The board of directors shall meet at least quarterly,
 2189  upon the call of the chairperson or at the request of a majority
 2190  of the membership, to review the Recovery Fund, establish and
 2191  review priorities for economic recovery in disproportionately
 2192  affected counties, and determine use of the earnings available.
 2193  A majority of the members of the board of directors constitutes
 2194  a quorum. Members may not vote by proxy.
 2195         (8)The executive director of the Department of Economic
 2196  Opportunity, or his or her designee, the secretary of the
 2197  Department of Environmental Protection, or his or her designee,
 2198  and the chair of the Committee of 8 Disproportionally Affected
 2199  Counties, or his or her designee, shall be available to consult
 2200  with the board of directors and may be requested to attend
 2201  meetings of the board of directors. These individuals shall not
 2202  be permitted to vote on any matter before the board.
 2203         (9)(a)Triumph Gulf Coast, Inc., is permitted to hire or
 2204  contract for all staff necessary to the proper execution of its
 2205  powers and duties to implement this act. The corporation is
 2206  required to retain:
 2207         1. An independent certified public accountant licensed in
 2208  this state pursuant to chapter 473 to inspect the records of and
 2209  to audit the expenditure of the earnings and available principal
 2210  disbursed by Triumph Gulf Coast, Inc.
 2211         2. An independent financial advisor to assist Triumph Gulf
 2212  Coast, Inc., in the development and implementation of a
 2213  strategic plan consistent with the requirements of this act.
 2214         3. An economic advisor who will assist in the award
 2215  process, including the development of priorities, allocation
 2216  decisions, and the application and process; will assist the
 2217  board in determining eligibility of award applications and the
 2218  evaluation and scoring of applications; and will assist in the
 2219  development of award documentation.
 2220         4. A legal advisor with expertise in not-for-profit
 2221  investing and contracting and who is a member of the Florida Bar
 2222  to assist with contracting and carrying out the intent of this
 2223  act.
 2224         (b)Triumph Gulf Coast, Inc., shall require all employees
 2225  of the corporation to comply with the code of ethics for public
 2226  employees under part III of chapter 112. Retained staff under
 2227  paragraph (a) must agree to refrain from having any direct
 2228  interest in any contract, franchise, privilege, project,
 2229  program, or other benefit arising from an award by Triumph Gulf
 2230  Coast, Inc., during the term of his or her appointment and for 2
 2231  years after the termination of such appointment.
 2232         (c)Retained staff under paragraph (a) shall be available
 2233  to consult with the board of directors and shall attend meetings
 2234  of the board of directors. These individuals shall not be
 2235  permitted to vote on any matter before the board.
 2236         Section 55. Section 288.831, Florida Statutes, is created
 2237  to read:
 2238         288.831Board of Directors; Powers.—In addition to the
 2239  powers and duties prescribed in chapter 617 and the articles and
 2240  bylaws adopted in compliance with that chapter, the board of
 2241  directors may:
 2242         (1)Make and enter into contracts and other instruments
 2243  necessary or convenient for the exercise of its powers and
 2244  functions.
 2245         (2)Make expenditures including any necessary
 2246  administrative expenditure from earnings consistent with its
 2247  powers.
 2248         (3)Adopt, use, and alter a common corporate seal.
 2249  Notwithstanding any provision of chapter 617 to the contrary,
 2250  this seal is not required to contain the words “corporation not
 2251  for profit.”
 2252         (4)Adopt, amend, and repeal bylaws, not inconsistent with
 2253  the powers granted to it or the articles of incorporation, for
 2254  the administration of the activities of Triumph Gulf Coast,
 2255  Inc., and the exercise of its corporate powers.
 2256         (5)Use the state seal, notwithstanding the provisions of
 2257  s. 15.03, when appropriate, for standard corporate identity
 2258  applications. Use of the state seal is not intended to replace
 2259  use of a corporate seal as provided in this section.
 2260  
 2261  Under no circumstances may the credit of the State of Florida be
 2262  pledged on behalf of Triumph Gulf Coast, Inc.
 2263         Section 56. Section 288.832, Florida Statutes, is created
 2264  to read:
 2265         288.832Triumph Gulf Coast, Inc.; Duties.—Triumph Gulf
 2266  Coast, Inc., shall have the following duties:
 2267         (1)Manage responsibly and prudently all funds received,
 2268  and ensure that the use of such funds is in accordance with all
 2269  applicable laws, bylaws, or contractual requirements.
 2270         (2)Administer the program created under this act.
 2271         (3) Monitor, review, and annually evaluate awardees and
 2272  their projects or programs to determine whether an award should
 2273  be continued, terminated, reduced, or increased.
 2274         (4) Operate in a transparent manner, providing public
 2275  access to information, notice of meetings, awards, and the
 2276  status of projects and programs. To this end, Triumph Gulf
 2277  Coast, Inc., shall maintain a website that provides public
 2278  access to this information.
 2279         Section 57. Section 288.84, Florida Statutes, is created to
 2280  read:
 2281         288.84Awards.—
 2282         (1)Triumph Gulf Coast, Inc., shall make awards from
 2283  available earnings and principal derived under s. 288.82(2) to
 2284  projects or programs that meet the priorities for economic
 2285  recovery, diversification, and enhancement of the
 2286  disproportionately affected counties, notwithstanding s. 377.43.
 2287  Awards may be provided for:
 2288         (a) Ad valorem tax reduction within disproportionately
 2289  affected counties;
 2290         (b)Payment of impact fees adopted pursuant to s. 163.31801
 2291  and imposed within disproportionately affected counties;
 2292         (c) Administrative funding for economic development
 2293  organizations located within the disproportionately affected
 2294  counties;
 2295         (d) Local match requirements of ss. 288.0655, 288.0659,
 2296  288.1045, and 288.106 for projects in the disproportionately
 2297  affected counties;
 2298         (e)Economic development projects in the disproportionately
 2299  affected counties;
 2300         (f)Infrastructure projects that are shown to enhance
 2301  economic development in the disproportionately affected
 2302  counties;
 2303         (g) Grants to local governments in the disproportionately
 2304  affected counties to establish and maintain equipment and
 2305  trained personnel for local action plans of response to respond
 2306  to disasters, such as plans created for the Coastal Impacts
 2307  Assistance Program;
 2308         (h) Grants to support programs of excellence that prepare
 2309  students for future occupations and careers at K-20 institutions
 2310  that have home campuses in the disproportionately affected
 2311  counties. Eligible programs include those that increase
 2312  students’ technology skills and knowledge; encourage industry
 2313  certifications; provide rigorous, alternative pathways for
 2314  students to meet high school graduation requirements; strengthen
 2315  career readiness initiatives; fund high-demand programs of
 2316  emphasis at the bachelor’s and master’s level designated by the
 2317  Board of Governors; and, similar to or the same as talent
 2318  retention programs created by the Chancellor of the State
 2319  University System and the Commission of Education, encourage
 2320  students with interest or aptitude for science, technology,
 2321  engineering, mathematics, and medical disciplines to pursue
 2322  postsecondary education at a state university within the
 2323  disproportionately affected counties; and
 2324         (i) Grants to the tourism entity created under s. 288.1226
 2325  for the purpose of advertising and promoting tourism, Fresh From
 2326  Florida, or related content on behalf of one or all of the
 2327  disproportionately affected counties.
 2328         (2) Triumph Gulf Coast, Inc., shall establish an
 2329  application procedure for awards and a scoring process for the
 2330  selection of projects and programs that have the potential to
 2331  generate increased economic activity in the disproportionately
 2332  affected counties, giving priority to projects and programs
 2333  that:
 2334         (a) Generate maximum estimated economic benefits, based on
 2335  tools and models not generally employed by economic input-output
 2336  analyses, including cost-benefit, return-on-investment, or
 2337  dynamic scoring techniques to determine how the long-term
 2338  economic growth potential of the disproportionately affected
 2339  counties may be enhanced by the investment.
 2340         (b) Increase household income in the disproportionately
 2341  affected counties above national average household income.
 2342         (c) Expand high growth industries or establish new high
 2343  growth industries in the region.
 2344         1.Industries that are supported must have strong growth
 2345  potential in the disproportionately affected counties.
 2346         2.An industry’s growth potential is defined based on a
 2347  detailed review of the current industry trends nationally and
 2348  the necessary supporting asset base for that industry in the
 2349  disproportionately affected counties region.
 2350         (d) Leverage or further enhance key regional assets,
 2351  including educational institutions, research facilities, and
 2352  military bases.
 2353         (e) Partner with local governments to provide funds,
 2354  infrastructure, land, or other assistance for the project.
 2355         (f) Have investment commitments from private equity or
 2356  private venture capital funds.
 2357         (g) Provide or encourage seed stage investments in start-up
 2358  companies.
 2359         (h) Provide advice and technical assistance to companies on
 2360  restructuring existing management, operations, or production to
 2361  attract advantageous business opportunities.
 2362         (i) Benefit the environment in addition to the economy.
 2363         (j) Provide outcome measures for programs of excellence
 2364  support, including terms of intent and metrics.
 2365         (k) Partner with K-20 educational institutions or school
 2366  districts located within the disproportionately affected
 2367  counties.
 2368         (l) Partner with convention and visitor bureaus, tourist
 2369  development councils, or chambers of commerce located within the
 2370  disproportionately affected counties.
 2371         (3)Triumph Gulf Coast, Inc., may make awards as
 2372  applications are received or may establish application periods
 2373  for selection. Awards may not be used to finance 100 percent of
 2374  any project or program. Triumph Gulf Coast, Inc., may require a
 2375  one-to-one private-sector match or higher for an award, if
 2376  applicable and deemed prudent by the board of directors. An
 2377  awardee may not receive all of the earnings or available
 2378  principal in any given year.
 2379         (4) A contract executed by Triumph Gulf Coast, Inc., with
 2380  an awardee must include provisions requiring a performance
 2381  report on the contracted activities, must account for the proper
 2382  use of funds provided under the contract, and must include
 2383  provisions for recovery of awards in the event the award was
 2384  based upon fraudulent information or the awardee is not meeting
 2385  the performance requirements of the award. Awardees must
 2386  regularly report to Triumph Gulf Coast, Inc., the status of the
 2387  project or program on a schedule determined by the corporation.
 2388         Section 58. Gulf Coast Audits.—
 2389         (1) The scope of a financial audit conducted pursuant to s.
 2390  218.39, Florida Statutes, shall include funds related to the
 2391  Deepwater Horizon oil spill for any year in which a local
 2392  government entity receives or expends funds related to the
 2393  Deepwater Horizon oil spill, including any funds under s.
 2394  288.84, Florida Statutes, or under 33 U.S.C. 1321(t). The scope
 2395  of review for these funds shall include, but is not limited to,
 2396  compliance with state and federal laws related to the receipt
 2397  and expenditure of these funds.
 2398         (2) Every 2 years, the Auditor General shall conduct an
 2399  operational audit, as defined in s. 11.45, Florida Statutes, of
 2400  a local government entity’s funds related to the Deepwater
 2401  Horizon oil spill to evaluate the local government entity’s
 2402  performance in administering laws, policies, and procedures
 2403  governing the expenditure of funds related to the Deepwater
 2404  Horizon oil spill in an efficient and effective manner. The
 2405  scope of review shall include, but is not limited to, evaluating
 2406  internal controls, internal audit functions, reporting and
 2407  performance requirements required for use of the funds, and
 2408  compliance with state and federal law. The audit shall include
 2409  any funds the local government entity receives or expends
 2410  related to the Deepwater Horizon oil spill, including any funds
 2411  under s. 288.84, Florida Statutes, or under 33 U.S.C. 1321(t).
 2412         (3) In addition to the rules of the Auditor General adopted
 2413  under s. 11.45(8), Florida Statutes, the Auditor General shall
 2414  adopt rules for the form and conduct of all financial audits
 2415  performed by independent certified public accountants and for
 2416  audits of local government entities conducted under this section
 2417  for funds received under 33 U.S.C. 1321(t). Such rules shall
 2418  take into account the rules for such audits set forth by the
 2419  Secretary of the Treasury pursuant to 33 U.S.C 1321(t).
 2420         (4) The Auditor General may report findings to the
 2421  Secretary of the Treasury of the United States in addition to
 2422  the reporting requirements under state law.
 2423         Section 59. Except as otherwise expressly provided in this
 2424  act, this act shall take effect upon becoming law.
 2425  
 2426  ================= T I T L E  A M E N D M E N T ================
 2427         And the title is amended as follows:
 2428         Delete everything before the enacting clause
 2429  and insert:
 2430                        A bill to be entitled                      
 2431         An act relating to economic development; establishing
 2432         the Economic Development Programs Evaluation;
 2433         requiring the Office of Economic and Demographic
 2434         Research and the Office of Program Policy Analysis and
 2435         Government Accountability to present the evaluation;
 2436         requiring the offices to develop and submit a work
 2437         plan for completing the evaluation by a certain date;
 2438         requiring the offices to provide an analysis of
 2439         certain economic development programs and specifying a
 2440         schedule; requiring the Office of Economic and
 2441         Demographic Research to make certain evaluations in
 2442         its analysis; limiting the office’s evaluation for the
 2443         purposes of tax credits, tax refunds, sales tax
 2444         exemptions, cash grants, and similar programs;
 2445         requiring the office to use a certain model to
 2446         evaluate each program; requiring the Office of Program
 2447         Policy Analysis and Government Accountability to make
 2448         certain evaluations in its analysis; providing the
 2449         offices access to all data necessary to complete the
 2450         evaluation; amending s. 20.60, F.S.; revising the date
 2451         on which the Department of Economic Opportunity and
 2452         Enterprise Florida, Inc., are required to report on
 2453         the business climate and economic development in the
 2454         state; specifying reports and information that must be
 2455         included; amending s. 201.15, F.S.; revising the
 2456         distribution of funds in the Grants and Donations
 2457         Trust Fund; amending s. 212.08, F.S.; revising
 2458         definitions; clarifying the application of certain
 2459         amendments; amending s. 213.053, F.S.; authorizing the
 2460         Department of Revenue to make certain information
 2461         available to the director of the Office of Program
 2462         Policy Analysis and Government Accountability and the
 2463         coordinator of the Office of Economic and Demographic
 2464         Research; authorizing the offices to share certain
 2465         information; amending s. 220.194, F.S.; requiring the
 2466         annual report for the Florida Space Business
 2467         Incentives Act to be included in the annual incentives
 2468         report; deleting certain reporting requirements;
 2469         amending s. 288.001, F.S.; providing a network
 2470         purpose; providing definitions; requiring the
 2471         statewide director and the network to operate the
 2472         program in compliance with federal laws and
 2473         regulations and a Board of Governors regulation;
 2474         requiring the statewide director to consult with the
 2475         Board of Governors, the Department of Economic
 2476         Opportunity, and the network’s statewide advisory
 2477         board to establish certain policies and goals;
 2478         requiring the network to maintain a statewide advisory
 2479         board; providing for advisory board membership;
 2480         providing for terms of membership; providing for
 2481         certain member reimbursement; requiring the director
 2482         to develop support services; specifying support
 2483         service requirements; requiring businesses that
 2484         receive support services to participate in certain
 2485         assessments; requiring the network to provide a match
 2486         equal to certain state funding; providing criteria for
 2487         the match; requiring the statewide director to
 2488         coordinate with the host institution to establish a
 2489         pay-per-performance incentive; providing for pay-per
 2490         performance incentive funding and distribution;
 2491         providing a distribution formula requirement;
 2492         requiring the statewide director to coordinate with
 2493         the advisory board to distribute funds for certain
 2494         purposes and develop programs to distribute funds for
 2495         those purposes; requiring the network to announce
 2496         available funding, performance expectations, and other
 2497         requirements; requiring the statewide director to
 2498         present applications and recommendations to the
 2499         advisory board; requiring applications approved by the
 2500         advisory board to be publicly posted; providing
 2501         minimum requirements for a program; prohibiting
 2502         certain regional small business development centers
 2503         from receiving funds; providing that match funding may
 2504         not be reduced for regional small business development
 2505         centers receiving additional funds; requiring the
 2506         statewide director to regularly update the Board of
 2507         Governors, the department, and the advisory board with
 2508         certain information; requiring the statewide director,
 2509         in coordination with the advisory board, to annually
 2510         report certain information to the President of the
 2511         Senate and the Speaker of the House of
 2512         Representatives; amending s. 288.005, F.S.; providing
 2513         a definition; amending s. 288.012, F.S.; requiring
 2514         each State of Florida international office to submit a
 2515         report to Enterprise Florida, Inc., for inclusion in
 2516         its annual report; deleting a reporting date; amending
 2517         s. 288.061, F.S.; requiring the Department of Economic
 2518         Opportunity to analyze each economic development
 2519         incentive application; prohibiting the executive
 2520         director from approving an economic development
 2521         incentive application unless a specified written
 2522         declaration is received; requiring an awardee to
 2523         provide a signed written declaration in specified
 2524         years; providing that the department may adopt rules
 2525         to implement this section; amending s. 288.0656, F.S.;
 2526         requiring the Rural Economic Development Initiative to
 2527         submit a report to supplement the Department of
 2528         Economic Opportunity’s annual report; deleting certain
 2529         reporting requirements; amending s. 288.076, F.S.;
 2530         providing definitions; requiring the Department of
 2531         Economic Opportunity to publish on a website specified
 2532         information concerning state investment in economic
 2533         development programs; requiring the department to work
 2534         with the Office of Economic and Demographic Research
 2535         to provide a description of specified methodology and
 2536         requiring the department to publish such description
 2537         on its website; providing procedures and requirements
 2538         for reviewing, updating, and supplementing specified
 2539         published information; requiring the department to
 2540         annually publish information relating to the progress
 2541         of Quick Action Closing Fund projects; requiring the
 2542         department to publish certain confidential information
 2543         pertaining to participant businesses upon expiration
 2544         of a specified confidentiality period; requiring the
 2545         department to publish certain reports concerning
 2546         businesses that fail to complete tax refund agreements
 2547         under the tax refund program for qualified target
 2548         industry businesses; providing for construction and
 2549         legislative intent; authorizing the department to
 2550         adopt rules; repealing s. 288.095(3)(c), F.S.,
 2551         relating to the annual report by Enterprise Florida,
 2552         Inc., of programs funded by the Economic Development
 2553         Incentives Account; amending s. 288.106, F.S.;
 2554         deleting and adding provisions relating to the
 2555         application and approval process of the tax refund
 2556         program for qualified target industry businesses;
 2557         requiring the Department of Economic Opportunity to
 2558         include information on qualified target industry
 2559         businesses in the annual incentives report; deleting
 2560         certain reporting requirements; amending 288.107,
 2561         F.S.; revising definitions; revising provisions to
 2562         conform to changes made by the act; revising the
 2563         minimum criteria for participation in the brownfield
 2564         redevelopment bonus refund; clarifying the application
 2565         of certain amendments; amending s. 288.1081, F.S.;
 2566         requiring the use of loan funds from the Economic
 2567         Gardening Business Loan Pilot Program to be included
 2568         in the department’s annual report; deleting certain
 2569         reporting requirements; amending s. 288.1082, F.S.;
 2570         requiring the progress of the Economic Gardening
 2571         Technical Assistance Pilot Program to be included in
 2572         the department’s annual report; deleting certain
 2573         reporting requirements; amending s. 288.1088, F.S.;
 2574         requiring the department to validate contractor
 2575         performance for the Quick Action Closing Fund and
 2576         include the performance validation in the annual
 2577         incentives report; deleting certain reporting
 2578         requirements; amending s. 288.1089, F.S.; requiring
 2579         that certain projects in the Innovation Incentive
 2580         Program provide a cumulative break-even economic
 2581         benefit; requiring the department to report
 2582         information relating to the Innovation Incentive
 2583         Program in the annual incentives report; deleting
 2584         certain reporting requirements; deleting provisions
 2585         that require the Office of Program Policy Analysis and
 2586         Government Accountability and the Auditor General’s
 2587         Office to report on the Innovation Incentive Program;
 2588         amending s. 288.1253, F.S.; revising a reporting date;
 2589         requiring expenditures of the Office of Film and
 2590         Entertainment to be included in the annual
 2591         entertainment industry financial incentive program
 2592         report; amending s. 288.1254, F.S.; revising a
 2593         reporting date; requiring the annual entertainment
 2594         industry financial incentive program report to include
 2595         certain information; amending s. 288.1258, F.S.;
 2596         revising a reporting date; requiring the report
 2597         detailing the relationship between tax exemptions and
 2598         incentives to industry growth to be included in the
 2599         annual entertainment industry financial incentive
 2600         program report; amending s. 288.714, F.S.; requiring
 2601         the Department of Economic Opportunity’s annual report
 2602         to include a report on the Black Business Loan
 2603         Program; deleting certain reporting requirements;
 2604         amending s. 288.7771, F.S.; requiring the Florida
 2605         Export Finance Corporation to submit a report to
 2606         Enterprise Florida, Inc.; amending s. 288.903, F.S.;
 2607         requiring Enterprise Florida, Inc., with the
 2608         Department of Economic Opportunity, to prepare an
 2609         annual incentives report; repealing s. 288.904(6),
 2610         F.S., relating to Enterprise Florida, Inc., which
 2611         requires the department to report the return on the
 2612         public’s investment; amending s. 288.906, F.S.;
 2613         requiring certain reports to be included in the
 2614         Enterprise Florida, Inc., annual report; amending s.
 2615         288.907, F.S.; requiring Enterprise Florida, Inc.,
 2616         with the Department of Economic Opportunity, to
 2617         prepare the annual incentives report; requiring the
 2618         annual incentives report to include certain
 2619         information; deleting a provision requiring the
 2620         Division of Strategic Business Development to assist
 2621         Enterprise Florida, Inc., with the report; 288.92,
 2622         F.S.; requiring each division of Enterprise Florida,
 2623         Inc., to submit a report; amending s. 288.95155, F.S.;
 2624         requiring the financial status of the Florida Small
 2625         Business Technology Growth Program to be included in
 2626         the annual incentives report; amending s. 288.9918,
 2627         F.S.; revising reporting requirements related to
 2628         community development entities; amending s. 290.0055,
 2629         F.S.; providing for the expansion of the boundaries of
 2630         enterprise zones that meet certain requirements;
 2631         providing an application deadline; amending s.
 2632         290.0056, F.S.; revising a reporting date; requiring
 2633         the enterprise zone development agency to submit
 2634         certain information for the Department of Economic
 2635         Opportunity’s annual report; amending s. 290.014,
 2636         F.S.; revising a reporting date; requiring certain
 2637         reports on enterprise zones to be included in the
 2638         Department of Economic Opportunity’s annual report;
 2639         amending s. 290.0455, F.S.; providing for the state’s
 2640         guarantee of certain federal loans to local
 2641         governments; requiring applicants for such loans to
 2642         pledge a specified amount of revenues to guarantee the
 2643         loans; revising requirements for the department to
 2644         submit recommendations to the Federal Government for
 2645         such loans; revising the maximum amount of the loan
 2646         guarantee commitment that a local government may
 2647         receive and providing exceptions; providing for
 2648         reduction of a local government’s future community
 2649         development block grants if the local government
 2650         defaults on the federal loan; providing procedures if
 2651         a local government is granted entitlement community
 2652         status; amending ss. 331.3051 and 331.310, F.S.;
 2653         revising requirements for annual reports by Space
 2654         Florida; amending s. 443.036, F.S.; providing examples
 2655         of misconduct; amending s. 443.091, F.S.; providing
 2656         for online work registration and providing exceptions;
 2657         limiting a claimant’s use of the same prospective
 2658         employer to meet work search requirements; providing
 2659         an exception; providing that work search requirements
 2660         do not apply to individuals required to participate in
 2661         reemployment services; amending s. 443.101, F.S.;
 2662         providing for disqualification in any week with
 2663         respect to which the department finds that his or her
 2664         unemployment is due to failure without good cause to
 2665         maintain a license, registration, or certification
 2666         required by applicable law necessary for the employee
 2667         to perform her or his assigned job duties; providing
 2668         examples of “good cause”; amending s. 443.1113, F.S.,
 2669         relating to the Reemployment Assistance Claims and
 2670         Benefits Information System; revising timeframe for
 2671         deployment of a certain Internet portal as part of
 2672         such system; amending s. 443.131, F.S.; requiring the
 2673         tax collection service provider to calculate a certain
 2674         additional rate; providing for when an assessment may
 2675         not be made; requiring assessments to be available to
 2676         pay interest on federal advances; requiring certain
 2677         excess funds to be transferred to the Unemployment
 2678         Compensation Trust Fund after a certain time period;
 2679         deleting the provision referring to crediting employer
 2680         accounts; providing an expiration date; amending ss.
 2681         443.151 F.S.; revising provisions to conform to
 2682         changes made to benefit eligibility; providing that an
 2683         employer or its agent may not be relieved of benefit
 2684         charges for failure to timely and adequately respond
 2685         to notice of claim or request for information;
 2686         requiring the department to impose a penalty against a
 2687         claimant who is overpaid reemployment assistance
 2688         benefits due to fraud by the claimant; requiring an
 2689         appeals referee to be an attorney in good standing
 2690         with the Florida Bar or successfully admitted within 8
 2691         months of hire; providing an exception; amending s.
 2692         443.1715, F.S.; prohibiting the unlawful disclosure of
 2693         certain confidential information relating to employing
 2694         units and individuals under the Reemployment
 2695         Assistance Program Law; providing criminal penalties;
 2696         amending 443.191, F.S.; providing for the deposit of
 2697         moneys recovered and penalties collected due to fraud
 2698         in the Unemployment Compensation Trust Fund; amending
 2699         s. 446.50, F.S.; requiring the Department of Economic
 2700         Opportunity’s annual report to include a plan for the
 2701         displaced homemaker program; deleting certain
 2702         reporting requirements; creating s. 288.80, F.S.;
 2703         providing a short title; creating s. 288.801, F.S.;
 2704         providing Legislative intent; creating s. 288.81,
 2705         F.S.; providing definitions; creating s. 288.82, F.S.;
 2706         creating Triumph Gulf Coast, Inc., as nonprofit
 2707         corporation; requiring the Triumph Gulf Coast, Inc.,
 2708         to create and administer the Recovery Fund for the
 2709         benefit of disproportionately affected counties;
 2710         providing for principal of the fund; providing for
 2711         payment of administrative costs from the earnings of
 2712         the fund; providing any remaining funds after 30 years
 2713         revert to the State Treasury; authorizing investment
 2714         of the principal of the fund; requiring an investment
 2715         policy; requiring competitive procurement of money
 2716         managers; requiring annual audits; requiring biannual
 2717         reports; creating s. 288.83, F.S.; providing for
 2718         application of public records and meetings laws;
 2719         providing for governance by a 5 member board of
 2720         directors; providing membership; providing for terms;
 2721         providing for appointment for vacancies; providing
 2722         limitations on board members; limiting postemployment
 2723         activities; providing for a misdemeanor for
 2724         violations; requiring financial disclosures; providing
 2725         travel and per diem expenses; providing for removal;
 2726         requiring quarterly meetings; providing for staffing;
 2727         creating s. 288.831, F.S.; providing the powers and
 2728         duties of the board of directors; creating s. 288.832,
 2729         F.S.; providing the duties of Triumph Gulf Coast,
 2730         Inc.; creating s. 288.84, F.S.; permitting awards for
 2731         projects or programs from available earnings and
 2732         principal; providing the award categories; providing
 2733         the award categories for certain funds; establishing
 2734         priority ranking for applications; prohibiting award
 2735         from financing 100 percent of a project or program;
 2736         permitting Triumph Gulf Coast, Inc., to requiring a
 2737         one-to-one match; prohibiting an awardee from
 2738         receiving all available funds; requiring a contract
 2739         for an award; requiring regular reporting; requiring
 2740         the scope of a financial audit for a local government
 2741         entity to include funds related to Deepwater Horizon
 2742         oil spill; requiring the Auditor General to conduct an
 2743         operational audit of a local government entity’s
 2744         performance in the expenditure of funds related to the
 2745         Deepwater Horizon oil spill; requiring the Auditor
 2746         General to adopt rules for such audits; permitting the
 2747         Auditor General to report to the Secretary of the
 2748         Treasury of the United States; providing effective
 2749         dates.