Florida Senate - 2014                             CS for SB 1634
       
       
        
       By the Committees on Military and Veterans Affairs, Space, and
       Domestic Security; and Commerce and Tourism
       
       
       
       
       583-03193-14                                          20141634c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Economic
    3         Opportunity; amending s. 163.3202, F.S.; requiring
    4         each county and municipality to adopt and enforce land
    5         development regulations in accordance with the
    6         submitted comprehensive plan; amending s. 288.0001,
    7         F.S.; requiring an analysis of the New Markets
    8         Development Program in the Economic Development
    9         Programs Evaluation; amending s. 288.005, F.S.;
   10         defining terms; creating s. 288.006, F.S.; providing
   11         requirements for loan programs relating to
   12         accountability and proper stewardship of funds;
   13         authorizing the Auditor General to conduct audits for
   14         a specified purpose; authorizing the department to
   15         adopt rules; amending s. 290.0411, F.S.; revising
   16         legislative intent for purposes of the Florida Small
   17         Cities Community Development Block Grant Program;
   18         amending s. 290.044, F.S.; requiring the Department of
   19         Economic Opportunity to adopt rules establishing a
   20         competitive selection process for loan guarantees and
   21         grants awarded under the block grant program; revising
   22         the criteria for the award of grants; amending s.
   23         290.046, F.S.; revising limits on the number of grants
   24         that an applicant may apply for and receive; revising
   25         the requirement that the department conduct a site
   26         visit before awarding a grant; requiring the
   27         department to rank applications according to criteria
   28         established by rule and to distribute funds according
   29         to the rankings; revising scoring factors to consider
   30         in ranking applications; revising requirements for
   31         public hearings; providing that the creation of a
   32         citizen advisory task force is discretionary, rather
   33         than required; deleting a requirement that a local
   34         government obtain consent from the department for an
   35         alternative citizen participation plan; amending s.
   36         290.047, F.S.; revising the maximum amount and
   37         percentage of block grant funds that may be spent on
   38         certain costs and expenses; amending s. 290.0475,
   39         F.S.; conforming provisions to changes made by the
   40         act; amending s. 290.048, F.S.; deleting a provision
   41         authorizing the department to adopt and enforce strict
   42         requirements concerning an applicant’s written
   43         description of a service area; amending s. 331.3051,
   44         F.S.; requiring Space Florida to consult with the
   45         Florida Tourism Industry Marketing Corporation, rather
   46         than with Enterprise Florida, Inc., in developing a
   47         space tourism marketing plan; authorizing Space
   48         Florida to enter into an agreement with the
   49         corporation, rather than with Enterprise Florida,
   50         Inc., for a specified purpose; revising the research
   51         and development duties of Space Florida; repealing s.
   52         443.036(26), F.S., relating to the definition of the
   53         term “initial skills review”; amending s. 443.091,
   54         F.S.; deleting the requirement that an unemployed
   55         individual take an initial skill review before he or
   56         she is eligible to receive reemployment assistance
   57         benefits; requiring the department to make available
   58         for such individual a voluntary online assessment that
   59         identifies an individual’s skills, abilities, and
   60         career aptitude; requiring information from such
   61         assessment to be made available to certain groups;
   62         revising the requirement that the department offer
   63         certain training opportunities; amending s. 443.1116,
   64         F.S.; defining the term “employer sponsored training”;
   65         revising the requirements for a short-term
   66         compensation plan to be approved by the department;
   67         revising the treatment of fringe benefits in such
   68         plan; requiring an employer to describe the manner in
   69         which the employer will implement the plan; requiring
   70         the director to approve the plan if it is consistent
   71         with employer obligations under law; prohibiting the
   72         department from denying short-time compensation
   73         benefits to certain individuals; amending s. 443.141,
   74         F.S.; providing an employer payment schedule for
   75         specified years’ contributions to the Unemployment
   76         Compensation Trust Fund; providing applicability;
   77         amending ss. 125.271, 163.3177, 163.3187, 163.3246,
   78         211.3103, 212.098, 218.67, 288.018, 288.065, 288.0655,
   79         288.0656, 288.1088, 288.1089, 290.0055, 339.2819,
   80         339.63, 373.4595, 380.06, 380.0651, 985.686, and
   81         1011.76, F.S.; renaming “rural areas of critical
   82         economic concern” as “rural areas of opportunity”;
   83         amending ss. 215.425 and 443.1216, F.S.; conforming
   84         cross-references to changes made by the act; providing
   85         an effective date.
   86          
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. Subsection (1) of section 163.3202, Florida
   90  Statutes, is amended to read:
   91         163.3202 Land development regulations.—
   92         (1) Within 1 year after submission of its comprehensive
   93  plan or revised comprehensive plan for review pursuant to s.
   94  163.3191 s. 163.3167(2), each county and each municipality shall
   95  adopt or amend and enforce land development regulations that are
   96  consistent with and implement their adopted comprehensive plan.
   97         Section 2. Paragraph (a) of subsection (2) of section
   98  288.0001, Florida Statutes, is amended to read:
   99         288.0001 Economic Development Programs Evaluation.—The
  100  Office of Economic and Demographic Research and the Office of
  101  Program Policy Analysis and Government Accountability (OPPAGA)
  102  shall develop and present to the Governor, the President of the
  103  Senate, the Speaker of the House of Representatives, and the
  104  chairs of the legislative appropriations committees the Economic
  105  Development Programs Evaluation.
  106         (2) The Office of Economic and Demographic Research and
  107  OPPAGA shall provide a detailed analysis of economic development
  108  programs as provided in the following schedule:
  109         (a) By January 1, 2014, and every 3 years thereafter, an
  110  analysis of the following:
  111         1. The capital investment tax credit established under s.
  112  220.191.
  113         2. The qualified target industry tax refund established
  114  under s. 288.106.
  115         3. The brownfield redevelopment bonus refund established
  116  under s. 288.107.
  117         4. High-impact business performance grants established
  118  under s. 288.108.
  119         5. The Quick Action Closing Fund established under s.
  120  288.1088.
  121         6. The Innovation Incentive Program established under s.
  122  288.1089.
  123         7. Enterprise Zone Program incentives established under ss.
  124  212.08(5) and (15), 212.096, 220.181, and 220.182.
  125         8. The New Markets Development Program established under
  126  ss. 288.991-288.9922.
  127         Section 3. Subsections (5) and (6) are added to section
  128  288.005, Florida Statutes, to read:
  129         288.005 Definitions.—As used in this chapter, the term:
  130         (5) “Loan administrator” means an entity statutorily
  131  eligible to receive state funds and authorized by the department
  132  to make loans under a loan program.
  133         (6) “Loan program” means a program established in this
  134  chapter to provide appropriated funds to an eligible entity to
  135  further a specific state purpose for a limited period of time
  136  and with a requirement that such appropriated funds be repaid to
  137  the state. The term includes a “loan fund” or “loan pilot
  138  program” administered by the department under this chapter.
  139         Section 4. Section 288.006, Florida Statutes, is created to
  140  read:
  141         288.006 General operation of loan programs.—
  142         (1) The Legislature intends to promote the goals of
  143  accountability and proper stewardship by recipients of loan
  144  program funds. This section applies to all loan programs
  145  established under this chapter.
  146         (2) State funds appropriated for a loan program may be used
  147  only by an eligible recipient or loan administrator, and the use
  148  of such funds is restricted to the specific state purpose of the
  149  loan program, subject to any compensation due to a loan
  150  administrator as provided under this chapter. State funds may be
  151  awarded directly by the department to an eligible recipient or
  152  awarded by the department to a loan administrator. All state
  153  funds, including any interest earned, remain state funds unless
  154  otherwise stated in the statutory requirements of the loan
  155  program.
  156         (3)(a) Upon termination of a loan program by the
  157  Legislature or by statute, all appropriated funds shall revert
  158  to the General Revenue Fund. The department shall pay the entity
  159  for any allowable administrative expenses due to the loan
  160  administrator as provided under this chapter, unless otherwise
  161  required by law.
  162         (b) Upon termination of a contract between the department
  163  and an eligible recipient or loan administrator, all remaining
  164  appropriated funds shall revert to the fund from which the
  165  appropriation was made. The department shall become the
  166  successor entity for any outstanding loans. Except in the case
  167  of the termination of a contract for fraud or a finding that the
  168  loan administrator was not meeting the terms of the program, the
  169  department shall pay the entity for any allowable administrative
  170  expenses due to the loan administrator as provided under this
  171  chapter.
  172         (c) The eligible recipient or loan administrator to which
  173  this subsection applies shall execute all appropriate
  174  instruments to reconcile any remaining accounts associated with
  175  a terminated loan program or contract. The entity shall execute
  176  all appropriate instruments to ensure that the department is
  177  authorized to collect all receivables for outstanding loans,
  178  including, but not limited to, assignments of promissory notes
  179  and mortgages.
  180         (4) An eligible recipient or loan administrator must avoid
  181  any potential conflict of interest regarding the use of
  182  appropriated funds for a loan program. An eligible recipient or
  183  loan administrator or a board member, employee, or agent
  184  thereof, or an immediate family member of a board member,
  185  employee, or agent, may not have a financial interest in an
  186  entity that is awarded a loan under a loan program. A loan may
  187  not be made to a person or entity if a conflict of interest
  188  exists between the parties involved. As used in this subsection,
  189  the term “immediate family” means a parent, spouse, child,
  190  sibling, grandparent, or grandchild related by blood or
  191  marriage.
  192         (5) In determining eligibility for an entity applying for
  193  the award of funds directly by the department or applying for
  194  selection as a loan administrator for a loan program, the
  195  department shall evaluate each applicant’s business practices,
  196  financial stability, and past performance in other state
  197  programs, in addition to the loan program’s statutory
  198  requirements. Eligibility of an entity applying to be a
  199  recipient or loan administrator may be conditionally granted or
  200  denied outright if the department determines that the entity is
  201  noncompliant with any law, rule, or program requirement.
  202         (6) Recurring use of state funds, including revolving loans
  203  or new negotiable instruments, which have been repaid to the
  204  loan administrator may be made if the loan program’s statutory
  205  structure permits. However, any use of state funds made by a
  206  loan administrator remains subject to subsections (2) and (3),
  207  and compensation to a loan administrator may not exceed any
  208  limitation provided by this chapter.
  209         (7) The Auditor General may conduct audits as provided in
  210  s. 11.45 to verify that the appropriations under each loan
  211  program are expended by the eligible recipient or loan
  212  administrator as required for each program. If the Auditor
  213  General determines that the appropriations are not expended as
  214  required, the Auditor General shall notify the department, which
  215  may pursue recovery of the funds. This section does not prevent
  216  the department from pursuing recovery of the appropriated loan
  217  program funds when necessary to protect the funds or when
  218  authorized by law.
  219         (8) The department may adopt rules under ss. 120.536(1) and
  220  120.54 as necessary to carry out this section.
  221         Section 5. Section 290.0411, Florida Statutes, is amended
  222  to read:
  223         290.0411 Legislative intent and purpose of ss. 290.0401
  224  290.048.—It is the intent of the Legislature to provide the
  225  necessary means to develop, preserve, redevelop, and revitalize
  226  Florida communities exhibiting signs of decline, or distress, or
  227  economic need by enabling local governments to undertake the
  228  necessary community and economic development programs. The
  229  overall objective is to create viable communities by eliminating
  230  slum and blight, fortifying communities in urgent need,
  231  providing decent housing and suitable living environments, and
  232  expanding economic opportunities, principally for persons of low
  233  or moderate income. The purpose of ss. 290.0401-290.048 is to
  234  assist local governments in carrying out effective community and
  235  economic development and project planning and design activities
  236  to arrest and reverse community decline and restore community
  237  vitality. Community and economic development and project
  238  planning activities to maintain viable communities, revitalize
  239  existing communities, expand economic development and employment
  240  opportunities, and improve housing conditions and expand housing
  241  opportunities, providing direct benefit to persons of low or
  242  moderate income, are the primary purposes of ss. 290.0401
  243  290.048. The Legislature, therefore, declares that the
  244  development, redevelopment, preservation, and revitalization of
  245  communities in this state and all the purposes of ss. 290.0401
  246  290.048 are public purposes for which public money may be
  247  borrowed, expended, loaned, pledged to guarantee loans, and
  248  granted.
  249         Section 6. Section 290.044, Florida Statutes, is amended to
  250  read:
  251         290.044 Florida Small Cities Community Development Block
  252  Grant Program Fund; administration; distribution.—
  253         (1) The Florida Small Cities Community Development Block
  254  Grant Program Fund is created. All revenue designated for
  255  deposit in such fund shall be deposited by the appropriate
  256  agency. The department shall administer this fund as a grant and
  257  loan guarantee program for carrying out the purposes of ss.
  258  290.0401-290.048.
  259         (2) The department shall distribute such funds as loan
  260  guarantees and grants to eligible local governments on the basis
  261  of a competitive selection process established by rule.
  262         (3) The department shall require applicants for grants to
  263  compete against each other in the following grant program
  264  categories:
  265         (a) Housing rehabilitation.
  266         (b) Economic development.
  267         (c) Neighborhood revitalization.
  268         (d) Commercial revitalization.
  269         (4)(3) The department shall define the broad community
  270  development objectives objective to be achieved by the
  271  activities in each of the following grant program categories
  272  with the use of funds from the Florida Small Cities Community
  273  Development Block Grant Program Fund. Such objectives shall be
  274  designed to meet at least one of the national objectives
  275  provided in the Housing and Community Development Act of 1974,
  276  and require applicants for grants to compete against each other
  277  in these grant program categories:
  278         (a) Housing.
  279         (b) Economic development.
  280         (c) Neighborhood revitalization.
  281         (d) Commercial revitalization.
  282         (e) Project planning and design.
  283         (5)(4) The department may set aside an amount of up to 5
  284  percent of the funds annually for use in any eligible local
  285  government jurisdiction for which an emergency or natural
  286  disaster has been declared by executive order. Such funds may
  287  only be provided to a local government to fund eligible
  288  emergency-related activities for which no other source of
  289  federal, state, or local disaster funds is available. The
  290  department may provide for such set-aside by rule. In the last
  291  quarter of the state fiscal year, any funds not allocated under
  292  the emergency-related set-aside shall be distributed to unfunded
  293  applications from the most recent funding cycle.
  294         (6)(5) The department shall establish a system of
  295  monitoring grants, including site visits, to ensure the proper
  296  expenditure of funds and compliance with the conditions of the
  297  recipient’s contract. The department shall establish criteria
  298  for implementation of internal control, to include, but not be
  299  limited to, the following measures:
  300         (a) Ensuring that subrecipient audits performed by a
  301  certified public accountant are received and responded to in a
  302  timely manner.
  303         (b) Establishing a uniform system of monitoring that
  304  documents appropriate followup as needed.
  305         (c) Providing specific justification for contract
  306  amendments that takes into account any change in contracted
  307  activities and the resultant cost adjustments which shall be
  308  reflected in the amount of the grant.
  309         Section 7. Section 290.046, Florida Statutes, is amended to
  310  read:
  311         290.046 Applications for grants; procedures; requirements.—
  312         (1) In applying for a grant under a specific program
  313  category, an applicant shall propose eligible activities that
  314  directly address the objectives objective of that program
  315  category.
  316         (2)(a) Except for applications for economic development
  317  grants as provided in subparagraph (b)1. paragraph (c), an each
  318  eligible local government may submit one an application for a
  319  grant under either the housing program category or the
  320  neighborhood revitalization program category during each
  321  application annual funding cycle. An applicant may not receive
  322  more than one grant in any state fiscal year from any of the
  323  following categories: housing, neighborhood revitalization, or
  324  commercial revitalization.
  325         (b)1. An Except as provided in paragraph (c), each eligible
  326  local government may apply up to three times in any one annual
  327  funding cycle for an economic development a grant under the
  328  economic development program category but may not shall receive
  329  no more than one such grant per annual funding cycle. A local
  330  government may have more than one open economic development
  331  grant Applications for grants under the economic development
  332  program category may be submitted at any time during the annual
  333  funding cycle, and such grants shall be awarded no less
  334  frequently than three times per funding cycle.
  335         2. The department shall establish minimum criteria
  336  pertaining to the number of jobs created for persons of low or
  337  moderate income, the degree of private sector financial
  338  commitment, and the economic feasibility of the proposed project
  339  and shall establish any other criteria the department deems
  340  appropriate. Assistance to a private, for-profit business may
  341  not be provided from a grant award unless sufficient evidence
  342  exists to demonstrate that without such public assistance the
  343  creation or retention of such jobs would not occur.
  344         (c)1. A local government governments with an open housing
  345  rehabilitation, neighborhood revitalization, or commercial
  346  revitalization contract is shall not be eligible to apply for
  347  another housing rehabilitation, neighborhood revitalization, or
  348  commercial revitalization grant until administrative closeout of
  349  its their existing contract. The department shall notify a local
  350  government of administrative closeout or of any outstanding
  351  closeout issues within 45 days after of receipt of a closeout
  352  package from the local government. A local government
  353  governments with an open housing rehabilitation, neighborhood
  354  revitalization, or commercial revitalization community
  355  development block grant contract whose activities are on
  356  schedule in accordance with the expenditure rates and
  357  accomplishments described in the contract may apply for an
  358  economic development grant.
  359         2. A local government governments with an open economic
  360  development community development block grant contract whose
  361  activities are on schedule in accordance with the expenditure
  362  rates and accomplishments described in the contract may apply
  363  for a housing rehabilitation, or neighborhood revitalization, or
  364  and a commercial revitalization community development block
  365  grant. A local government governments with an open economic
  366  development contract whose activities are on schedule in
  367  accordance with the expenditure rates and accomplishments
  368  described in the contract may receive no more than one
  369  additional economic development grant in each fiscal year.
  370         (d) Beginning October 1, 1988, The department may not shall
  371  award a no grant until it the department has conducted
  372  determined, based upon a site visit to verify the information
  373  contained in the local government’s application, that the
  374  proposed area matches and adheres to the written description
  375  contained within the applicant’s request. If, based upon review
  376  of the application or a site visit, the department determines
  377  that any information provided in the application which affects
  378  eligibility or scoring has been misrepresented, the applicant’s
  379  request shall be rejected by the department pursuant to s.
  380  290.0475(7). Mathematical errors in applications which may be
  381  discovered and corrected by readily computing available numbers
  382  or formulas provided in the application shall not be a basis for
  383  such rejection.
  384         (3)(a) The department shall rank each application received
  385  during the application cycle according to criteria established
  386  by rule. The ranking system shall include a procedure to
  387  eliminate or reduce any population-related bias that places
  388  exceptionally small communities at a disadvantage in the
  389  competition for funds Each application shall be ranked
  390  competitively based on community need and program impact.
  391  Community need shall be weighted 25 percent. Program impact
  392  shall be weighted 65 percent. Outstanding performance in equal
  393  opportunity employment and housing shall be weighted 10 percent.
  394         (b) Funds shall be distributed according to the rankings
  395  established in each application cycle. If economic development
  396  funds remain available after the application cycle closes, the
  397  remaining funds shall be awarded to eligible projects on a
  398  first-come, first-served basis until such funds are fully
  399  obligated The criteria used to measure community need shall
  400  include, at a minimum, indicators of the extent of poverty in
  401  the community and the condition of physical structures. Each
  402  application, regardless of the program category for which it is
  403  being submitted, shall be scored competitively on the same
  404  community need criteria. In recognition of the benefits
  405  resulting from the receipt of grant funds, the department shall
  406  provide for the reduction of community need scores for specified
  407  increments of grant funds provided to a local government since
  408  the state began using the most recent census data. In the year
  409  in which new census data are first used, no such reduction shall
  410  occur.
  411         (c) The application’s program impact score, equal
  412  employment opportunity and fair housing score, and communitywide
  413  needs score may take into consideration scoring factors,
  414  including, but not limited to, unemployment, poverty levels,
  415  low-income and moderate-income populations, benefits to low
  416  income and moderate-income residents, use of minority-owned and
  417  woman-owned business enterprises in previous grants, health and
  418  safety issues, and the condition of physical structures The
  419  criteria used to measure the impact of an applicant’s proposed
  420  activities shall include, at a minimum, indicators of the direct
  421  benefit received by persons of low income and persons of
  422  moderate income, the extent to which the problem identified is
  423  addressed by the proposed activities, and the extent to which
  424  resources other than the funds being applied for under this
  425  program are being used to carry out the proposed activities.
  426         (d) Applications shall be scored competitively on program
  427  impact criteria that are uniquely tailored to the community
  428  development objective established in each program category. The
  429  criteria used to measure the direct benefit to persons of low
  430  income and persons of moderate income shall represent no less
  431  than 42 percent of the points assigned to the program impact
  432  factor. For the housing and neighborhood revitalization
  433  categories, the department shall also include the following
  434  criteria in the scoring of applications:
  435         1. The proportion of very-low-income and low-income
  436  households served.
  437         2. The degree to which improvements are related to the
  438  health and safety of the households served.
  439         (4) An applicant for a neighborhood revitalization or
  440  commercial revitalization grant shall demonstrate that its
  441  activities are to be carried out in distinct service areas which
  442  are characterized by the existence of slums or blighted
  443  conditions, or by the concentration of persons of low or
  444  moderate income.
  445         (4)(5) In order to provide citizens with information
  446  concerning an applicant’s proposed project, the applicant shall
  447  make available to the public information concerning the amounts
  448  of funds available for various activities and the range of
  449  activities that may be undertaken. In addition, the applicant
  450  shall hold a minimum of two public hearings in the local
  451  jurisdiction within which the project is to be implemented to
  452  obtain the views of citizens before submitting the final
  453  application to the department. The applicant shall conduct the
  454  initial hearing to solicit public input concerning community
  455  needs, inform the public about funding opportunities available
  456  to address community needs, and discuss activities that may be
  457  undertaken. Before a second public hearing is held, the
  458  applicant must publish a summary of the proposed application
  459  that provides citizens with an opportunity to examine the
  460  contents of the application and to submit comments. The
  461  applicant shall conduct a second hearing to obtain comments from
  462  citizens concerning the proposed application and to modify the
  463  proposed application if appropriate program before an
  464  application is submitted to the department, the applicant shall:
  465         (a) Make available to the public information concerning the
  466  amounts of funds available for various activities and the range
  467  of activities that may be undertaken.
  468         (b) Hold at least one public hearing to obtain the views of
  469  citizens on community development needs.
  470         (c) Develop and publish a summary of the proposed
  471  application that will provide citizens with an opportunity to
  472  examine its contents and submit their comments.
  473         (d) Consider any comments and views expressed by citizens
  474  on the proposed application and, if appropriate, modify the
  475  proposed application.
  476         (e) Hold at least one public hearing in the jurisdiction
  477  within which the project is to be implemented to obtain the
  478  views of citizens on the final application prior to its
  479  submission to the department.
  480         (5)(6) The local government may shall establish a citizen
  481  advisory task force composed of citizens in the jurisdiction in
  482  which the proposed project is to be implemented to provide input
  483  relative to all phases of the project process. The local
  484  government must obtain consent from the department for any other
  485  type of citizen participation plan upon a showing that such plan
  486  is better suited to secure citizen participation for that
  487  locality.
  488         (6)(7) The department shall, before prior to approving an
  489  application for a grant, determine that the applicant has the
  490  administrative capacity to carry out the proposed activities and
  491  has performed satisfactorily in carrying out past activities
  492  funded by community development block grants. The evaluation of
  493  past performance shall take into account procedural aspects of
  494  previous grants as well as substantive results. If the
  495  department determines that any applicant has failed to
  496  accomplish substantially the results it proposed in its last
  497  previously funded application, it may prohibit the applicant
  498  from receiving a grant or may penalize the applicant in the
  499  rating of the current application. An No application for grant
  500  funds may not be denied solely upon the basis of the past
  501  performance of the eligible applicant.
  502         Section 8. Subsections (3) and (6) of section 290.047,
  503  Florida Statutes, are amended to read:
  504         290.047 Establishment of grant ceilings and maximum
  505  administrative cost percentages; elimination of population bias;
  506  loans in default.—
  507         (3) The maximum percentage of block grant funds that can be
  508  spent on administrative costs by an eligible local government
  509  shall be 15 percent for the housing rehabilitation program
  510  category, 8 percent for both the neighborhood and the commercial
  511  revitalization program categories, and 8 percent for the
  512  economic development program category. The maximum amount of
  513  block grant funds that may be spent on administrative costs by
  514  an eligible local government for the economic development
  515  program category is $120,000. The purpose of the ceiling is to
  516  maximize the amount of block grant funds actually going toward
  517  the redevelopment of the area. The department will continue to
  518  encourage eligible local governments to consider ways to limit
  519  the amount of block grant funds used for administrative costs,
  520  consistent with the need for prudent management and
  521  accountability in the use of public funds. However, this
  522  subsection does shall not be construed, however, to prohibit
  523  eligible local governments from contributing their own funds or
  524  making in-kind contributions to cover administrative costs which
  525  exceed the prescribed ceilings, provided that all such
  526  contributions come from local government resources other than
  527  Community Development Block Grant funds.
  528         (6) The maximum amount percentage of block grant funds that
  529  may be spent on engineering and architectural costs by an
  530  eligible local government shall be determined in accordance with
  531  a method schedule adopted by the department by rule. Any such
  532  method schedule so adopted shall be consistent with the schedule
  533  used by the United States Farmer’s Home Administration as
  534  applied to projects in Florida or another comparable schedule as
  535  amended.
  536         Section 9. Section 290.0475, Florida Statutes, is amended
  537  to read:
  538         290.0475 Rejection of grant applications; penalties for
  539  failure to meet application conditions.—Applications are
  540  ineligible received for funding if under all program categories
  541  shall be rejected without scoring only in the event that any of
  542  the following circumstances arise:
  543         (1) The application is not received by the department by
  544  the application deadline;.
  545         (2) The proposed project does not meet one of the three
  546  national objectives as contained in federal and state
  547  legislation;.
  548         (3) The proposed project is not an eligible activity as
  549  contained in the federal legislation;.
  550         (4) The application is not consistent with the local
  551  government’s comprehensive plan adopted pursuant to s.
  552  163.3184;.
  553         (5) The applicant has an open community development block
  554  grant, except as provided in s. 290.046(2)(b) and (c) and
  555  department rules; 290.046(2)(c).
  556         (6) The local government is not in compliance with the
  557  citizen participation requirements prescribed in ss. 104(a)(1)
  558  and (2) and 106(d)(5)(c) of Title I of the Housing and Community
  559  Development Act of 1984, s. 290.046(4), and department rules;
  560  or.
  561         (7) Any information provided in the application that
  562  affects eligibility or scoring is found to have been
  563  misrepresented, and the information is not a mathematical error
  564  which may be discovered and corrected by readily computing
  565  available numbers or formulas provided in the application.
  566         Section 10. Subsection (5) of section 290.048, Florida
  567  Statutes, is amended to read:
  568         290.048 General powers of department under ss. 290.0401
  569  290.048.—The department has all the powers necessary or
  570  appropriate to carry out the purposes and provisions of the
  571  program, including the power to:
  572         (5) Adopt and enforce strict requirements concerning an
  573  applicant’s written description of a service area. Each such
  574  description shall contain maps which illustrate the location of
  575  the proposed service area. All such maps must be clearly legible
  576  and must:
  577         (a) Contain a scale which is clearly marked on the map.
  578         (b) Show the boundaries of the locality.
  579         (c) Show the boundaries of the service area where the
  580  activities will be concentrated.
  581         (d) Display the location of all proposed area activities.
  582         (e) Include the names of streets, route numbers, or easily
  583  identifiable landmarks where all service activities are located.
  584         Section 11. Subsections (5) and (8) of section 331.3051,
  585  Florida Statutes, are amended to read:
  586         331.3051 Duties of Space Florida.—Space Florida shall:
  587         (5) Consult with the Florida Tourism Industry Marketing
  588  Corporation Enterprise Florida, Inc., in developing a space
  589  tourism marketing plan. Space Florida and the Florida Tourism
  590  Industry Marketing Corporation Enterprise Florida, Inc., may
  591  enter into a mutually beneficial agreement that provides funding
  592  to the corporation Enterprise Florida, Inc., for its services to
  593  implement this subsection.
  594         (8) Carry out its responsibility for research and
  595  development by:
  596         (a) Contracting for the operations of the state’s Space
  597  Life Sciences Laboratory.
  598         (b) Working in collaboration with one or more public or
  599  private universities and other public or private entities to
  600  develop a proposal for a Center of Excellence for Aerospace that
  601  will foster and promote the research necessary to develop
  602  commercially promising, advanced, and innovative science and
  603  technology and will transfer those discoveries to the commercial
  604  sector. This may include developing a proposal to establish a
  605  Center of Excellence for Aerospace.
  606         (c) Supporting universities in this state that are members
  607  of the Federal Aviation Administration’s Center of Excellence
  608  for Commercial Space Transportation to assure a safe,
  609  environmentally compatible, and efficient commercial space
  610  transportation system in this state.
  611         Section 12. Subsection (26) of section 443.036, Florida
  612  Statutes, is repealed.
  613         Section 13. Paragraph (c) of subsection (1) of section
  614  443.091, Florida Statutes, is amended to read:
  615         443.091 Benefit eligibility conditions.—
  616         (1) An unemployed individual is eligible to receive
  617  benefits for any week only if the Department of Economic
  618  Opportunity finds that:
  619         (c) To make continued claims for benefits, she or he is
  620  reporting to the department in accordance with this paragraph
  621  and department rules, and participating in an initial skills
  622  review, as directed by the department. Department rules may not
  623  conflict with s. 443.111(1)(b), which requires that each
  624  claimant continue to report regardless of any pending appeal
  625  relating to her or his eligibility or disqualification for
  626  benefits.
  627         1. For each week of unemployment claimed, each report must,
  628  at a minimum, include the name, address, and telephone number of
  629  each prospective employer contacted, or the date the claimant
  630  reported to a one-stop career center, pursuant to paragraph (d).
  631         2. The department must offer an online assessment that
  632  serves to identify an individual’s skills, abilities, and career
  633  aptitude. The skills assessment must be voluntary, and the
  634  department must allow a claimant to choose whether to take the
  635  skills assessment. The online assessment shall be made available
  636  to any person seeking services from a regional workforce board
  637  or a one-stop career center The administrator or operator of the
  638  initial skills review shall notify the department when the
  639  individual completes the initial skills review and report the
  640  results of the review to the regional workforce board or the
  641  one-stop career center as directed by the workforce board. The
  642  department shall prescribe a numeric score on the initial skills
  643  review that demonstrates a minimal proficiency in workforce
  644  skills.
  645         a. If the claimant chooses to take the online assessment,
  646  the outcome of the assessment must be made available to the
  647  claimant, regional workforce board, and one-stop career center.
  648  The department, workforce board, or one-stop career center shall
  649  use the assessment initial skills review to develop a plan for
  650  referring individuals to training and employment opportunities.
  651  Aggregate data on assessment outcomes may be made available to
  652  Workforce Florida, Inc., and Enterprise Florida, Inc., for use
  653  in the development of policies related to education and training
  654  programs that will ensure that businesses in this state have
  655  access to a skilled and competent workforce The failure of the
  656  individual to comply with this requirement will result in the
  657  individual being determined ineligible for benefits for the week
  658  in which the noncompliance occurred and for any subsequent week
  659  of unemployment until the requirement is satisfied. However,
  660  this requirement does not apply if the individual is exempt from
  661  the work registration requirement as set forth in paragraph (b).
  662         b.3.Individuals Any individual who falls below the minimal
  663  proficiency score prescribed by the department in subparagraph
  664  2. on the initial skills review shall be informed of and offered
  665  services through the one-stop delivery system, including career
  666  counseling, provision of skill match and job market information,
  667  and skills upgrade and other training opportunities, and shall
  668  be encouraged to participate in such services training at no
  669  cost to the individuals individual in order to improve his or
  670  her workforce skills to the minimal proficiency level.
  671         4. The department shall coordinate with Workforce Florida,
  672  Inc., the workforce boards, and the one-stop career centers to
  673  identify, develop, and use utilize best practices for improving
  674  the skills of individuals who choose to participate in skills
  675  upgrade and other training opportunities. The department may
  676  contract with an entity to create the online assessment in
  677  accordance with the competitive bidding requirements in s.
  678  287.057. The online assessment must work seamlessly with the
  679  Reemployment Assistance Claims and Benefits Information System
  680  and who have a minimal proficiency score below the score
  681  prescribed in subparagraph 2.
  682         5. The department, in coordination with Workforce Florida,
  683  Inc., the workforce boards, and the one-stop career centers,
  684  shall evaluate the use, effectiveness, and costs associated with
  685  the training prescribed in subparagraph 3. and report its
  686  findings and recommendations for training and the use of best
  687  practices to the Governor, the President of the Senate, and the
  688  Speaker of the House of Representatives by January 1, 2013.
  689         Section 14. Subsections (1), (2), and (5) of section
  690  443.1116, Florida Statutes, are amended to read:
  691         443.1116 Short-time compensation.—
  692         (1) DEFINITIONS.—As used in this section, the term:
  693         (a) “Affected unit” means a specified plant, department,
  694  shift, or other definable unit of two or more employees
  695  designated by the employer to participate in a short-time
  696  compensation plan.
  697         (b) “Employer-sponsored training” means a training
  698  component sponsored by an employer to improve the skills of the
  699  employer’s workers.
  700         (c)(b) “Normal weekly hours of work” means the number of
  701  hours in a week that an individual would regularly work for the
  702  short-time compensation employer, not to exceed 40 hours,
  703  excluding overtime.
  704         (d)(c) “Short-time compensation benefits” means benefits
  705  payable to individuals in an affected unit under an approved
  706  short-time compensation plan.
  707         (e)(d) “Short-time compensation employer” means an employer
  708  with a short-time compensation plan in effect.
  709         (f)(e) “Short-time compensation plan” or “plan” means an
  710  employer’s written plan for reducing unemployment under which an
  711  affected unit shares the work remaining after its normal weekly
  712  hours of work are reduced.
  713         (2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.—An employer
  714  wishing to participate in the short-time compensation program
  715  must submit a signed, written, short-time plan to the Department
  716  of Economic Opportunity for approval. The director or his or her
  717  designee shall approve the plan if:
  718         (a) The plan applies to and identifies each specific
  719  affected unit;
  720         (b) The individuals in the affected unit are identified by
  721  name and social security number;
  722         (c) The normal weekly hours of work for individuals in the
  723  affected unit are reduced by at least 10 percent and by not more
  724  than 40 percent;
  725         (d) The plan includes a certified statement by the employer
  726  that the aggregate reduction in work hours is in lieu of
  727  temporary layoffs that would affect at least 10 percent of the
  728  employees in the affected unit and that would have resulted in
  729  an equivalent reduction in work hours;
  730         (e) The plan applies to at least 10 percent of the
  731  employees in the affected unit;
  732         (f) The plan is approved in writing by the collective
  733  bargaining agent for each collective bargaining agreement
  734  covering any individual in the affected unit;
  735         (g) The plan does not serve as a subsidy to seasonal
  736  employers during the off-season or as a subsidy to employers who
  737  traditionally use part-time employees; and
  738         (h) The plan certifies that, if the employer provides
  739  fringe benefits to any employee whose workweek is reduced under
  740  the program, the fringe benefits will continue to be provided to
  741  the employee participating in the short-time compensation
  742  program under the same terms and conditions as though the
  743  workweek of such employee had not been reduced or to the same
  744  extent as other employees not participating in the short-time
  745  compensation program the manner in which the employer will treat
  746  fringe benefits of the individuals in the affected unit if the
  747  hours of the individuals are reduced to less than their normal
  748  weekly hours of work. As used in this paragraph, the term
  749  “fringe benefits” includes, but is not limited to, health
  750  insurance, retirement benefits under defined benefit pension
  751  plans as defined in subsection 35 of s. 1002 of the Employee
  752  Retirement Income Security Act of 1974, 29 U.S.C., contributions
  753  under a defined contribution plan as defined in s. 414(i) of the
  754  Internal Revenue Code, paid vacation and holidays, and sick
  755  leave;.
  756         (i) The plan describes the manner in which the requirements
  757  of this subsection will be implemented, including a plan for
  758  giving notice, if feasible, to an employee whose workweek is to
  759  be reduced, together with an estimate of the number of layoffs
  760  that would have occurred absent the ability to participate in
  761  short-time compensation; and
  762         (j) The terms of the employer’s written plan and
  763  implementation are consistent with employer obligations under
  764  applicable federal laws and laws of this state.
  765         (5) ELIGIBILITY REQUIREMENTS FOR SHORT-TIME COMPENSATION
  766  BENEFITS.—
  767         (a) Except as provided in this subsection, an individual is
  768  eligible to receive short-time compensation benefits for any
  769  week only if she or he complies with this chapter and the
  770  Department of Economic Opportunity finds that:
  771         1. The individual is employed as a member of an affected
  772  unit in an approved plan that was approved before the week and
  773  is in effect for the week;
  774         2. The individual is able to work and is available for
  775  additional hours of work or for full-time work with the short
  776  time employer; and
  777         3. The normal weekly hours of work of the individual are
  778  reduced by at least 10 percent but not by more than 40 percent,
  779  with a corresponding reduction in wages.
  780         (b) The department may not deny short-time compensation
  781  benefits to an individual who is otherwise eligible for these
  782  benefits for any week by reason of the application of any
  783  provision of this chapter relating to availability for work,
  784  active search for work, or refusal to apply for or accept work
  785  from other than the short-time compensation employer of that
  786  individual.
  787         (c) The department may not deny short-time compensation
  788  benefits to an individual who is otherwise eligible for these
  789  benefits for any week because such individual is participating
  790  in an employer-sponsored training or a training under the
  791  Workforce Investment Act to improve job skills when the training
  792  is approved by the department.
  793         (d)(c) Notwithstanding any other provision of this chapter,
  794  an individual is deemed unemployed in any week for which
  795  compensation is payable to her or him, as an employee in an
  796  affected unit, for less than her or his normal weekly hours of
  797  work in accordance with an approved short-time compensation plan
  798  in effect for the week.
  799         Section 15. Paragraph (f) of subsection (1) of section
  800  443.141, Florida Statutes, is amended to read:
  801         443.141 Collection of contributions and reimbursements.—
  802         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
  803  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
  804         (f) Payments for 2012, 2013, and 2014 contributions.—For an
  805  annual administrative fee not to exceed $5, a contributing
  806  employer may pay its quarterly contributions due for wages paid
  807  in the first three quarters of each year of 2012, 2013, and 2014
  808  in equal installments if those contributions are paid as
  809  follows:
  810         1. For contributions due for wages paid in the first
  811  quarter of each year, one-fourth of the contributions due must
  812  be paid on or before April 30, one-fourth must be paid on or
  813  before July 31, one-fourth must be paid on or before October 31,
  814  and one-fourth must be paid on or before December 31.
  815         2. In addition to the payments specified in subparagraph
  816  1., for contributions due for wages paid in the second quarter
  817  of each year, one-third of the contributions due must be paid on
  818  or before July 31, one-third must be paid on or before October
  819  31, and one-third must be paid on or before December 31.
  820         3. In addition to the payments specified in subparagraphs
  821  1. and 2., for contributions due for wages paid in the third
  822  quarter of each year, one-half of the contributions due must be
  823  paid on or before October 31, and one-half must be paid on or
  824  before December 31.
  825         4. The annual administrative fee assessed for electing to
  826  pay under the installment method shall be collected at the time
  827  the employer makes the first installment payment each year. The
  828  fee shall be segregated from the payment and deposited into the
  829  Operating Trust Fund of the Department of Revenue.
  830         5. Interest does not accrue on any contribution that
  831  becomes due for wages paid in the first three quarters of each
  832  year if the employer pays the contribution in accordance with
  833  subparagraphs 1.-4. Interest and fees continue to accrue on
  834  prior delinquent contributions and commence accruing on all
  835  contributions due for wages paid in the first three quarters of
  836  each year which are not paid in accordance with subparagraphs
  837  1.-3. Penalties may be assessed in accordance with this chapter.
  838  The contributions due for wages paid in the fourth quarter of
  839  2012, 2013, and 2014 are not affected by this paragraph and are
  840  due and payable in accordance with this chapter.
  841         Section 16. Paragraph (a) of subsection (1) of section
  842  125.271, Florida Statutes, is amended to read:
  843         125.271 Emergency medical services; county emergency
  844  medical service assessments.—
  845         (1) As used in this section, the term “county” means:
  846         (a) A county that is within a rural area of opportunity
  847  critical economic concern as designated by the Governor pursuant
  848  to s. 288.0656;
  849  
  850  Once a county has qualified under this subsection, it always
  851  retains the qualification.
  852         Section 17. Paragraphs (a), (b), and (e) of subsection (7)
  853  of section 163.3177, Florida Statutes, are amended to read:
  854         163.3177 Required and optional elements of comprehensive
  855  plan; studies and surveys.—
  856         (7)(a) The Legislature finds that:
  857         1. There are a number of rural agricultural industrial
  858  centers in the state that process, produce, or aid in the
  859  production or distribution of a variety of agriculturally based
  860  products, including, but not limited to, fruits, vegetables,
  861  timber, and other crops, and juices, paper, and building
  862  materials. Rural agricultural industrial centers have a
  863  significant amount of existing associated infrastructure that is
  864  used for processing, producing, or distributing agricultural
  865  products.
  866         2. Such rural agricultural industrial centers are often
  867  located within or near communities in which the economy is
  868  largely dependent upon agriculture and agriculturally based
  869  products. The centers significantly enhance the economy of such
  870  communities. However, these agriculturally based communities are
  871  often socioeconomically challenged and designated as rural areas
  872  of opportunity critical economic concern. If such rural
  873  agricultural industrial centers are lost and not replaced with
  874  other job-creating enterprises, the agriculturally based
  875  communities will lose a substantial amount of their economies.
  876         3. The state has a compelling interest in preserving the
  877  viability of agriculture and protecting rural agricultural
  878  communities and the state from the economic upheaval that would
  879  result from short-term or long-term adverse changes in the
  880  agricultural economy. To protect these communities and promote
  881  viable agriculture for the long term, it is essential to
  882  encourage and permit diversification of existing rural
  883  agricultural industrial centers by providing for jobs that are
  884  not solely dependent upon, but are compatible with and
  885  complement, existing agricultural industrial operations and to
  886  encourage the creation and expansion of industries that use
  887  agricultural products in innovative ways. However, the expansion
  888  and diversification of these existing centers must be
  889  accomplished in a manner that does not promote urban sprawl into
  890  surrounding agricultural and rural areas.
  891         (b) As used in this subsection, the term “rural
  892  agricultural industrial center” means a developed parcel of land
  893  in an unincorporated area on which there exists an operating
  894  agricultural industrial facility or facilities that employ at
  895  least 200 full-time employees in the aggregate and process and
  896  prepare for transport a farm product, as defined in s. 163.3162,
  897  or any biomass material that could be used, directly or
  898  indirectly, for the production of fuel, renewable energy,
  899  bioenergy, or alternative fuel as defined by law. The center may
  900  also include land contiguous to the facility site which is not
  901  used for the cultivation of crops, but on which other existing
  902  activities essential to the operation of such facility or
  903  facilities are located or conducted. The parcel of land must be
  904  located within, or within 10 miles of, a rural area of
  905  opportunity critical economic concern.
  906         (e) Nothing in This subsection does not shall be construed
  907  to confer the status of rural area of opportunity critical
  908  economic concern, or any of the rights or benefits derived from
  909  such status, on any land area not otherwise designated as such
  910  pursuant to s. 288.0656(7).
  911         Section 18. Subsection (3) of section 163.3187, Florida
  912  Statutes, is amended to read:
  913         163.3187 Process for adoption of small-scale comprehensive
  914  plan amendment.—
  915         (3) If the small scale development amendment involves a
  916  site within a rural area of opportunity critical economic
  917  concern as defined under s. 288.0656(2)(d) for the duration of
  918  such designation, the 10-acre limit listed in subsection (1)
  919  shall be increased by 100 percent to 20 acres. The local
  920  government approving the small scale plan amendment shall
  921  certify to the Office of Tourism, Trade, and Economic
  922  Development that the plan amendment furthers the economic
  923  objectives set forth in the executive order issued under s.
  924  288.0656(7), and the property subject to the plan amendment
  925  shall undergo public review to ensure that all concurrency
  926  requirements and federal, state, and local environmental permit
  927  requirements are met.
  928         Section 19. Subsection (10) of section 163.3246, Florida
  929  Statutes, is amended to read:
  930         163.3246 Local government comprehensive planning
  931  certification program.—
  932         (10) Notwithstanding subsections (2), (4), (5), (6), and
  933  (7), any municipality designated as a rural area of opportunity
  934  critical economic concern pursuant to s. 288.0656 which is
  935  located within a county eligible to levy the Small County Surtax
  936  under s. 212.055(3) shall be considered certified during the
  937  effectiveness of the designation of rural area of opportunity
  938  critical economic concern. The state land planning agency shall
  939  provide a written notice of certification to the local
  940  government of the certified area, which shall be considered
  941  final agency action subject to challenge under s. 120.569. The
  942  notice of certification shall include the following components:
  943         (a) The boundary of the certification area.
  944         (b) A requirement that the local government submit either
  945  an annual or biennial monitoring report to the state land
  946  planning agency according to the schedule provided in the
  947  written notice. The monitoring report shall, at a minimum,
  948  include the number of amendments to the comprehensive plan
  949  adopted by the local government, the number of plan amendments
  950  challenged by an affected person, and the disposition of those
  951  challenges.
  952         Section 20. Paragraph (a) of subsection (6) of section
  953  211.3103, Florida Statutes, is amended to read:
  954         211.3103 Levy of tax on severance of phosphate rock; rate,
  955  basis, and distribution of tax.—
  956         (6)(a) Beginning July 1 of the 2011-2012 fiscal year, the
  957  proceeds of all taxes, interest, and penalties imposed under
  958  this section are exempt from the general revenue service charge
  959  provided in s. 215.20, and such proceeds shall be paid into the
  960  State Treasury as follows:
  961         1. To the credit of the Conservation and Recreation Lands
  962  Trust Fund, 25.5 percent.
  963         2. To the credit of the General Revenue Fund of the state,
  964  35.7 percent.
  965         3. For payment to counties in proportion to the number of
  966  tons of phosphate rock produced from a phosphate rock matrix
  967  located within such political boundary, 12.8 percent. The
  968  department shall distribute this portion of the proceeds
  969  annually based on production information reported by the
  970  producers on the annual returns for the taxable year. Any such
  971  proceeds received by a county shall be used only for phosphate
  972  related expenses.
  973         4. For payment to counties that have been designated as a
  974  rural area of opportunity critical economic concern pursuant to
  975  s. 288.0656 in proportion to the number of tons of phosphate
  976  rock produced from a phosphate rock matrix located within such
  977  political boundary, 10.0 percent. The department shall
  978  distribute this portion of the proceeds annually based on
  979  production information reported by the producers on the annual
  980  returns for the taxable year. Payments under this subparagraph
  981  shall be made to the counties unless the Legislature by special
  982  act creates a local authority to promote and direct the economic
  983  development of the county. If such authority exists, payments
  984  shall be made to that authority.
  985         5. To the credit of the Nonmandatory Land Reclamation Trust
  986  Fund, 6.2 percent.
  987         6. To the credit of the Phosphate Research Trust Fund in
  988  the Division of Universities of the Department of Education, 6.2
  989  percent.
  990         7. To the credit of the Minerals Trust Fund, 3.6 percent.
  991         Section 21. Paragraph (c) of subsection (1) of section
  992  212.098, Florida Statutes, is amended to read:
  993         212.098 Rural Job Tax Credit Program.—
  994         (1) As used in this section, the term:
  995         (c) “Qualified area” means any area that is contained
  996  within a rural area of opportunity critical economic concern
  997  designated under s. 288.0656, a county that has a population of
  998  fewer than 75,000 persons, or a county that has a population of
  999  125,000 or less and is contiguous to a county that has a
 1000  population of less than 75,000, selected in the following
 1001  manner: every third year, the Department of Economic Opportunity
 1002  shall rank and tier the state’s counties according to the
 1003  following four factors:
 1004         1. Highest unemployment rate for the most recent 36-month
 1005  period.
 1006         2. Lowest per capita income for the most recent 36-month
 1007  period.
 1008         3. Highest percentage of residents whose incomes are below
 1009  the poverty level, based upon the most recent data available.
 1010         4. Average weekly manufacturing wage, based upon the most
 1011  recent data available.
 1012         Section 22. Subsection (1) of section 218.67, Florida
 1013  Statutes, is amended to read:
 1014         218.67 Distribution for fiscally constrained counties.—
 1015         (1) Each county that is entirely within a rural area of
 1016  opportunity critical economic concern as designated by the
 1017  Governor pursuant to s. 288.0656 or each county for which the
 1018  value of a mill will raise no more than $5 million in revenue,
 1019  based on the taxable value certified pursuant to s.
 1020  1011.62(4)(a)1.a., from the previous July 1, shall be considered
 1021  a fiscally constrained county.
 1022         Section 23. Subsection (1) of section 288.018, Florida
 1023  Statutes, is amended to read:
 1024         288.018 Regional Rural Development Grants Program.—
 1025         (1) The department shall establish a matching grant program
 1026  to provide funding to regionally based economic development
 1027  organizations representing rural counties and communities for
 1028  the purpose of building the professional capacity of their
 1029  organizations. Such matching grants may also be used by an
 1030  economic development organization to provide technical
 1031  assistance to businesses within the rural counties and
 1032  communities that it serves. The department is authorized to
 1033  approve, on an annual basis, grants to such regionally based
 1034  economic development organizations. The maximum amount an
 1035  organization may receive in any year will be $35,000, or
 1036  $100,000 in a rural area of opportunity critical economic
 1037  concern recommended by the Rural Economic Development Initiative
 1038  and designated by the Governor, and must be matched each year by
 1039  an equivalent amount of nonstate resources.
 1040         Section 24. Paragraphs (a) and (c) of subsection (2) of
 1041  section 288.065, Florida Statutes, are amended to read:
 1042         288.065 Rural Community Development Revolving Loan Fund.—
 1043         (2)(a) The program shall provide for long-term loans, loan
 1044  guarantees, and loan loss reserves to units of local
 1045  governments, or economic development organizations substantially
 1046  underwritten by a unit of local government, within counties with
 1047  populations of 75,000 or fewer, or within any county with a
 1048  population of 125,000 or fewer which is contiguous to a county
 1049  with a population of 75,000 or fewer, based on the most recent
 1050  official population estimate as determined under s. 186.901,
 1051  including those residing in incorporated areas and those
 1052  residing in unincorporated areas of the county, or to units of
 1053  local government, or economic development organizations
 1054  substantially underwritten by a unit of local government, within
 1055  a rural area of opportunity critical economic concern.
 1056         (c) All repayments of principal and interest shall be
 1057  returned to the loan fund and made available for loans to other
 1058  applicants. However, in a rural area of opportunity critical
 1059  economic concern designated by the Governor, and upon approval
 1060  by the department, repayments of principal and interest may be
 1061  retained by the applicant if such repayments are dedicated and
 1062  matched to fund regionally based economic development
 1063  organizations representing the rural area of opportunity
 1064  critical economic concern.
 1065         Section 25. Paragraphs (b), (c), and (e) of subsection (2)
 1066  of section 288.0655, Florida Statutes, are amended to read:
 1067         288.0655 Rural Infrastructure Fund.—
 1068         (2)
 1069         (b) To facilitate access of rural communities and rural
 1070  areas of opportunity critical economic concern as defined by the
 1071  Rural Economic Development Initiative to infrastructure funding
 1072  programs of the Federal Government, such as those offered by the
 1073  United States Department of Agriculture and the United States
 1074  Department of Commerce, and state programs, including those
 1075  offered by Rural Economic Development Initiative agencies, and
 1076  to facilitate local government or private infrastructure funding
 1077  efforts, the department may award grants for up to 30 percent of
 1078  the total infrastructure project cost. If an application for
 1079  funding is for a catalyst site, as defined in s. 288.0656, the
 1080  department may award grants for up to 40 percent of the total
 1081  infrastructure project cost. Eligible projects must be related
 1082  to specific job-creation or job-retention opportunities.
 1083  Eligible projects may also include improving any inadequate
 1084  infrastructure that has resulted in regulatory action that
 1085  prohibits economic or community growth or reducing the costs to
 1086  community users of proposed infrastructure improvements that
 1087  exceed such costs in comparable communities. Eligible uses of
 1088  funds shall include improvements to public infrastructure for
 1089  industrial or commercial sites and upgrades to or development of
 1090  public tourism infrastructure. Authorized infrastructure may
 1091  include the following public or public-private partnership
 1092  facilities: storm water systems; telecommunications facilities;
 1093  broadband facilities; roads or other remedies to transportation
 1094  impediments; nature-based tourism facilities; or other physical
 1095  requirements necessary to facilitate tourism, trade, and
 1096  economic development activities in the community. Authorized
 1097  infrastructure may also include publicly or privately owned
 1098  self-powered nature-based tourism facilities, publicly owned
 1099  telecommunications facilities, and broadband facilities, and
 1100  additions to the distribution facilities of the existing natural
 1101  gas utility as defined in s. 366.04(3)(c), the existing electric
 1102  utility as defined in s. 366.02, or the existing water or
 1103  wastewater utility as defined in s. 367.021(12), or any other
 1104  existing water or wastewater facility, which owns a gas or
 1105  electric distribution system or a water or wastewater system in
 1106  this state where:
 1107         1. A contribution-in-aid of construction is required to
 1108  serve public or public-private partnership facilities under the
 1109  tariffs of any natural gas, electric, water, or wastewater
 1110  utility as defined herein; and
 1111         2. Such utilities as defined herein are willing and able to
 1112  provide such service.
 1113         (c) To facilitate timely response and induce the location
 1114  or expansion of specific job creating opportunities, the
 1115  department may award grants for infrastructure feasibility
 1116  studies, design and engineering activities, or other
 1117  infrastructure planning and preparation activities. Authorized
 1118  grants shall be up to $50,000 for an employment project with a
 1119  business committed to create at least 100 jobs; up to $150,000
 1120  for an employment project with a business committed to create at
 1121  least 300 jobs; and up to $300,000 for a project in a rural area
 1122  of opportunity critical economic concern. Grants awarded under
 1123  this paragraph may be used in conjunction with grants awarded
 1124  under paragraph (b), provided that the total amount of both
 1125  grants does not exceed 30 percent of the total project cost. In
 1126  evaluating applications under this paragraph, the department
 1127  shall consider the extent to which the application seeks to
 1128  minimize administrative and consultant expenses.
 1129         (e) To enable local governments to access the resources
 1130  available pursuant to s. 403.973(18), the department may award
 1131  grants for surveys, feasibility studies, and other activities
 1132  related to the identification and preclearance review of land
 1133  which is suitable for preclearance review. Authorized grants
 1134  under this paragraph may shall not exceed $75,000 each, except
 1135  in the case of a project in a rural area of opportunity critical
 1136  economic concern, in which case the grant may shall not exceed
 1137  $300,000. Any funds awarded under this paragraph must be matched
 1138  at a level of 50 percent with local funds, except that any funds
 1139  awarded for a project in a rural area of opportunity critical
 1140  economic concern must be matched at a level of 33 percent with
 1141  local funds. If an application for funding is for a catalyst
 1142  site, as defined in s. 288.0656, the requirement for local match
 1143  may be waived pursuant to the process in s. 288.06561. In
 1144  evaluating applications under this paragraph, the department
 1145  shall consider the extent to which the application seeks to
 1146  minimize administrative and consultant expenses.
 1147         Section 26. Paragraphs (a), (b), and (d) of subsection (2)
 1148  and subsection (7) of section 288.0656, Florida Statutes, are
 1149  amended to read:
 1150         288.0656 Rural Economic Development Initiative.—
 1151         (2) As used in this section, the term:
 1152         (a) “Catalyst project” means a business locating or
 1153  expanding in a rural area of opportunity critical economic
 1154  concern to serve as an economic generator of regional
 1155  significance for the growth of a regional target industry
 1156  cluster. The project must provide capital investment on a scale
 1157  significant enough to affect the entire region and result in the
 1158  development of high-wage and high-skill jobs.
 1159         (b) “Catalyst site” means a parcel or parcels of land
 1160  within a rural area of opportunity critical economic concern
 1161  that has been prioritized as a geographic site for economic
 1162  development through partnerships with state, regional, and local
 1163  organizations. The site must be reviewed by REDI and approved by
 1164  the department for the purposes of locating a catalyst project.
 1165         (d) “Rural area of opportunity critical economic concern”
 1166  means a rural community, or a region composed of rural
 1167  communities, designated by the Governor, which that has been
 1168  adversely affected by an extraordinary economic event, severe or
 1169  chronic distress, or a natural disaster or that presents a
 1170  unique economic development opportunity of regional impact.
 1171         (7)(a) REDI may recommend to the Governor up to three rural
 1172  areas of opportunity critical economic concern. The Governor may
 1173  by executive order designate up to three rural areas of
 1174  opportunity critical economic concern which will establish these
 1175  areas as priority assignments for REDI as well as to allow the
 1176  Governor, acting through REDI, to waive criteria, requirements,
 1177  or similar provisions of any economic development incentive.
 1178  Such incentives shall include, but are not be limited to,: the
 1179  Qualified Target Industry Tax Refund Program under s. 288.106,
 1180  the Quick Response Training Program under s. 288.047, the Quick
 1181  Response Training Program for participants in the welfare
 1182  transition program under s. 288.047(8), transportation projects
 1183  under s. 339.2821, the brownfield redevelopment bonus refund
 1184  under s. 288.107, and the rural job tax credit program under ss.
 1185  212.098 and 220.1895.
 1186         (b) Designation as a rural area of opportunity critical
 1187  economic concern under this subsection shall be contingent upon
 1188  the execution of a memorandum of agreement among the department;
 1189  the governing body of the county; and the governing bodies of
 1190  any municipalities to be included within a rural area of
 1191  opportunity critical economic concern. Such agreement shall
 1192  specify the terms and conditions of the designation, including,
 1193  but not limited to, the duties and responsibilities of the
 1194  county and any participating municipalities to take actions
 1195  designed to facilitate the retention and expansion of existing
 1196  businesses in the area, as well as the recruitment of new
 1197  businesses to the area.
 1198         (c) Each rural area of opportunity critical economic
 1199  concern may designate catalyst projects, provided that each
 1200  catalyst project is specifically recommended by REDI, identified
 1201  as a catalyst project by Enterprise Florida, Inc., and confirmed
 1202  as a catalyst project by the department. All state agencies and
 1203  departments shall use all available tools and resources to the
 1204  extent permissible by law to promote the creation and
 1205  development of each catalyst project and the development of
 1206  catalyst sites.
 1207         Section 27. Paragraph (a) of subsection (3) of section
 1208  288.1088, Florida Statutes, is amended to read:
 1209         288.1088 Quick Action Closing Fund.—
 1210         (3)(a) The department and Enterprise Florida, Inc., shall
 1211  jointly review applications pursuant to s. 288.061 and determine
 1212  the eligibility of each project consistent with the criteria in
 1213  subsection (2). Waiver of these criteria may be considered under
 1214  the following criteria:
 1215         1. Based on extraordinary circumstances;
 1216         2. In order to mitigate the impact of the conclusion of the
 1217  space shuttle program; or
 1218         3. In rural areas of opportunity critical economic concern
 1219  if the project would significantly benefit the local or regional
 1220  economy.
 1221         Section 28. Paragraphs (b), (c), and (d) of subsection (4)
 1222  of section 288.1089, Florida Statutes, are amended to read:
 1223         288.1089 Innovation Incentive Program.—
 1224         (4) To qualify for review by the department, the applicant
 1225  must, at a minimum, establish the following to the satisfaction
 1226  of the department:
 1227         (b) A research and development project must:
 1228         1. Serve as a catalyst for an emerging or evolving
 1229  technology cluster.
 1230         2. Demonstrate a plan for significant higher education
 1231  collaboration.
 1232         3. Provide the state, at a minimum, a cumulative break-even
 1233  economic benefit within a 20-year period.
 1234         4. Be provided with a one-to-one match from the local
 1235  community. The match requirement may be reduced or waived in
 1236  rural areas of opportunity critical economic concern or reduced
 1237  in rural areas, brownfield areas, and enterprise zones.
 1238         (c) An innovation business project in this state, other
 1239  than a research and development project, must:
 1240         1.a. Result in the creation of at least 1,000 direct, new
 1241  jobs at the business; or
 1242         b. Result in the creation of at least 500 direct, new jobs
 1243  if the project is located in a rural area, a brownfield area, or
 1244  an enterprise zone.
 1245         2. Have an activity or product that is within an industry
 1246  that is designated as a target industry business under s.
 1247  288.106 or a designated sector under s. 288.108.
 1248         3.a. Have a cumulative investment of at least $500 million
 1249  within a 5-year period; or
 1250         b. Have a cumulative investment that exceeds $250 million
 1251  within a 10-year period if the project is located in a rural
 1252  area, brownfield area, or an enterprise zone.
 1253         4. Be provided with a one-to-one match from the local
 1254  community. The match requirement may be reduced or waived in
 1255  rural areas of opportunity critical economic concern or reduced
 1256  in rural areas, brownfield areas, and enterprise zones.
 1257         (d) For an alternative and renewable energy project in this
 1258  state, the project must:
 1259         1. Demonstrate a plan for significant collaboration with an
 1260  institution of higher education;
 1261         2. Provide the state, at a minimum, a cumulative break-even
 1262  economic benefit within a 20-year period;
 1263         3. Include matching funds provided by the applicant or
 1264  other available sources. The match requirement may be reduced or
 1265  waived in rural areas of opportunity critical economic concern
 1266  or reduced in rural areas, brownfield areas, and enterprise
 1267  zones;
 1268         4. Be located in this state; and
 1269         5. Provide at least 35 direct, new jobs that pay an
 1270  estimated annual average wage that equals at least 130 percent
 1271  of the average private sector wage.
 1272         Section 29. Paragraph (d) of subsection (6) of section
 1273  290.0055, Florida Statutes, is amended to read:
 1274         290.0055 Local nominating procedure.—
 1275         (6)
 1276         (d)1. The governing body of a jurisdiction which has
 1277  nominated an application for an enterprise zone that is at least
 1278  15 square miles and less than 20 square miles and includes a
 1279  portion of the state designated as a rural area of opportunity
 1280  critical economic concern under s. 288.0656(7) may apply to the
 1281  department to expand the boundary of the existing enterprise
 1282  zone by not more than 3 square miles.
 1283         2. The governing body of a jurisdiction which has nominated
 1284  an application for an enterprise zone that is at least 20 square
 1285  miles and includes a portion of the state designated as a rural
 1286  area of opportunity critical economic concern under s.
 1287  288.0656(7) may apply to the department to expand the boundary
 1288  of the existing enterprise zone by not more than 5 square miles.
 1289         3. An application to expand the boundary of an enterprise
 1290  zone under this paragraph must be submitted by December 31,
 1291  2013.
 1292         4. Notwithstanding the area limitations specified in
 1293  subsection (4), the department may approve the request for a
 1294  boundary amendment if the area continues to satisfy the
 1295  remaining requirements of this section.
 1296         5. The department shall establish the initial effective
 1297  date of an enterprise zone designated under this paragraph.
 1298         Section 30. Paragraph (c) of subsection (4) of section
 1299  339.2819, Florida Statutes, is amended to read:
 1300         339.2819 Transportation Regional Incentive Program.—
 1301         (4)
 1302         (c) The department shall give priority to projects that:
 1303         1. Provide connectivity to the Strategic Intermodal System
 1304  developed under s. 339.64.
 1305         2. Support economic development and the movement of goods
 1306  in rural areas of opportunity critical economic concern
 1307  designated under s. 288.0656(7).
 1308         3. Are subject to a local ordinance that establishes
 1309  corridor management techniques, including access management
 1310  strategies, right-of-way acquisition and protection measures,
 1311  appropriate land use strategies, zoning, and setback
 1312  requirements for adjacent land uses.
 1313         4. Improve connectivity between military installations and
 1314  the Strategic Highway Network or the Strategic Rail Corridor
 1315  Network.
 1316  
 1317  The department shall also consider the extent to which local
 1318  matching funds are available to be committed to the project.
 1319         Section 31. Paragraph (b) of subsection (5) of section
 1320  339.63, Florida Statutes, is amended to read:
 1321         339.63 System facilities designated; additions and
 1322  deletions.—
 1323         (5)
 1324         (b) A facility designated part of the Strategic Intermodal
 1325  System pursuant to paragraph (a) that is within the jurisdiction
 1326  of a local government that maintains a transportation
 1327  concurrency system shall receive a waiver of transportation
 1328  concurrency requirements applicable to Strategic Intermodal
 1329  System facilities in order to accommodate any development at the
 1330  facility which occurs pursuant to a building permit issued on or
 1331  before December 31, 2017, but only if such facility is located:
 1332         1. Within an area designated pursuant to s. 288.0656(7) as
 1333  a rural area of opportunity critical economic concern;
 1334         2. Within a rural enterprise zone as defined in s.
 1335  290.004(5); or
 1336         3. Within 15 miles of the boundary of a rural area of
 1337  opportunity critical economic concern or a rural enterprise
 1338  zone.
 1339         Section 32. Paragraph (c) of subsection (3) of section
 1340  373.4595, Florida Statutes, is amended to read:
 1341         373.4595 Northern Everglades and Estuaries Protection
 1342  Program.—
 1343         (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—A
 1344  protection program for Lake Okeechobee that achieves phosphorus
 1345  load reductions for Lake Okeechobee shall be immediately
 1346  implemented as specified in this subsection. The program shall
 1347  address the reduction of phosphorus loading to the lake from
 1348  both internal and external sources. Phosphorus load reductions
 1349  shall be achieved through a phased program of implementation.
 1350  Initial implementation actions shall be technology-based, based
 1351  upon a consideration of both the availability of appropriate
 1352  technology and the cost of such technology, and shall include
 1353  phosphorus reduction measures at both the source and the
 1354  regional level. The initial phase of phosphorus load reductions
 1355  shall be based upon the district’s Technical Publication 81-2
 1356  and the district’s WOD program, with subsequent phases of
 1357  phosphorus load reductions based upon the total maximum daily
 1358  loads established in accordance with s. 403.067. In the
 1359  development and administration of the Lake Okeechobee Watershed
 1360  Protection Program, the coordinating agencies shall maximize
 1361  opportunities provided by federal cost-sharing programs and
 1362  opportunities for partnerships with the private sector.
 1363         (c) Lake Okeechobee Watershed Phosphorus Control Program.
 1364  The Lake Okeechobee Watershed Phosphorus Control Program is
 1365  designed to be a multifaceted approach to reducing phosphorus
 1366  loads by improving the management of phosphorus sources within
 1367  the Lake Okeechobee watershed through implementation of
 1368  regulations and best management practices, development and
 1369  implementation of improved best management practices,
 1370  improvement and restoration of the hydrologic function of
 1371  natural and managed systems, and utilization of alternative
 1372  technologies for nutrient reduction. The coordinating agencies
 1373  shall facilitate the application of federal programs that offer
 1374  opportunities for water quality treatment, including
 1375  preservation, restoration, or creation of wetlands on
 1376  agricultural lands.
 1377         1. Agricultural nonpoint source best management practices,
 1378  developed in accordance with s. 403.067 and designed to achieve
 1379  the objectives of the Lake Okeechobee Watershed Protection
 1380  Program, shall be implemented on an expedited basis. The
 1381  coordinating agencies shall develop an interagency agreement
 1382  pursuant to ss. 373.046 and 373.406(5) that assures the
 1383  development of best management practices that complement
 1384  existing regulatory programs and specifies how those best
 1385  management practices are implemented and verified. The
 1386  interagency agreement shall address measures to be taken by the
 1387  coordinating agencies during any best management practice
 1388  reevaluation performed pursuant to sub-subparagraph d. The
 1389  department shall use best professional judgment in making the
 1390  initial determination of best management practice effectiveness.
 1391         a. As provided in s. 403.067(7)(c), the Department of
 1392  Agriculture and Consumer Services, in consultation with the
 1393  department, the district, and affected parties, shall initiate
 1394  rule development for interim measures, best management
 1395  practices, conservation plans, nutrient management plans, or
 1396  other measures necessary for Lake Okeechobee watershed total
 1397  maximum daily load reduction. The rule shall include thresholds
 1398  for requiring conservation and nutrient management plans and
 1399  criteria for the contents of such plans. Development of
 1400  agricultural nonpoint source best management practices shall
 1401  initially focus on those priority basins listed in subparagraph
 1402  (b)1. The Department of Agriculture and Consumer Services, in
 1403  consultation with the department, the district, and affected
 1404  parties, shall conduct an ongoing program for improvement of
 1405  existing and development of new interim measures or best
 1406  management practices for the purpose of adoption of such
 1407  practices by rule. The Department of Agriculture and Consumer
 1408  Services shall work with the University of Florida’s Institute
 1409  of Food and Agriculture Sciences to review and, where
 1410  appropriate, develop revised nutrient application rates for all
 1411  agricultural soil amendments in the watershed.
 1412         b. Where agricultural nonpoint source best management
 1413  practices or interim measures have been adopted by rule of the
 1414  Department of Agriculture and Consumer Services, the owner or
 1415  operator of an agricultural nonpoint source addressed by such
 1416  rule shall either implement interim measures or best management
 1417  practices or demonstrate compliance with the district’s WOD
 1418  program by conducting monitoring prescribed by the department or
 1419  the district. Owners or operators of agricultural nonpoint
 1420  sources who implement interim measures or best management
 1421  practices adopted by rule of the Department of Agriculture and
 1422  Consumer Services shall be subject to the provisions of s.
 1423  403.067(7). The Department of Agriculture and Consumer Services,
 1424  in cooperation with the department and the district, shall
 1425  provide technical and financial assistance for implementation of
 1426  agricultural best management practices, subject to the
 1427  availability of funds.
 1428         c. The district or department shall conduct monitoring at
 1429  representative sites to verify the effectiveness of agricultural
 1430  nonpoint source best management practices.
 1431         d. Where water quality problems are detected for
 1432  agricultural nonpoint sources despite the appropriate
 1433  implementation of adopted best management practices, the
 1434  Department of Agriculture and Consumer Services, in consultation
 1435  with the other coordinating agencies and affected parties, shall
 1436  institute a reevaluation of the best management practices and
 1437  make appropriate changes to the rule adopting best management
 1438  practices.
 1439         2. Nonagricultural nonpoint source best management
 1440  practices, developed in accordance with s. 403.067 and designed
 1441  to achieve the objectives of the Lake Okeechobee Watershed
 1442  Protection Program, shall be implemented on an expedited basis.
 1443  The department and the district shall develop an interagency
 1444  agreement pursuant to ss. 373.046 and 373.406(5) that assures
 1445  the development of best management practices that complement
 1446  existing regulatory programs and specifies how those best
 1447  management practices are implemented and verified. The
 1448  interagency agreement shall address measures to be taken by the
 1449  department and the district during any best management practice
 1450  reevaluation performed pursuant to sub-subparagraph d.
 1451         a. The department and the district are directed to work
 1452  with the University of Florida’s Institute of Food and
 1453  Agricultural Sciences to develop appropriate nutrient
 1454  application rates for all nonagricultural soil amendments in the
 1455  watershed. As provided in s. 403.067(7)(c), the department, in
 1456  consultation with the district and affected parties, shall
 1457  develop interim measures, best management practices, or other
 1458  measures necessary for Lake Okeechobee watershed total maximum
 1459  daily load reduction. Development of nonagricultural nonpoint
 1460  source best management practices shall initially focus on those
 1461  priority basins listed in subparagraph (b)1. The department, the
 1462  district, and affected parties shall conduct an ongoing program
 1463  for improvement of existing and development of new interim
 1464  measures or best management practices. The district shall adopt
 1465  technology-based standards under the district’s WOD program for
 1466  nonagricultural nonpoint sources of phosphorus. Nothing in this
 1467  sub-subparagraph shall affect the authority of the department or
 1468  the district to adopt basin-specific criteria under this part to
 1469  prevent harm to the water resources of the district.
 1470         b. Where nonagricultural nonpoint source best management
 1471  practices or interim measures have been developed by the
 1472  department and adopted by the district, the owner or operator of
 1473  a nonagricultural nonpoint source shall implement interim
 1474  measures or best management practices and be subject to the
 1475  provisions of s. 403.067(7). The department and district shall
 1476  provide technical and financial assistance for implementation of
 1477  nonagricultural nonpoint source best management practices,
 1478  subject to the availability of funds.
 1479         c. The district or the department shall conduct monitoring
 1480  at representative sites to verify the effectiveness of
 1481  nonagricultural nonpoint source best management practices.
 1482         d. Where water quality problems are detected for
 1483  nonagricultural nonpoint sources despite the appropriate
 1484  implementation of adopted best management practices, the
 1485  department and the district shall institute a reevaluation of
 1486  the best management practices.
 1487         3. The provisions of subparagraphs 1. and 2. may shall not
 1488  preclude the department or the district from requiring
 1489  compliance with water quality standards or with current best
 1490  management practices requirements set forth in any applicable
 1491  regulatory program authorized by law for the purpose of
 1492  protecting water quality. Additionally, subparagraphs 1. and 2.
 1493  are applicable only to the extent that they do not conflict with
 1494  any rules adopted promulgated by the department that are
 1495  necessary to maintain a federally delegated or approved program.
 1496         4. Projects that reduce the phosphorus load originating
 1497  from domestic wastewater systems within the Lake Okeechobee
 1498  watershed shall be given funding priority in the department’s
 1499  revolving loan program under s. 403.1835. The department shall
 1500  coordinate and provide assistance to those local governments
 1501  seeking financial assistance for such priority projects.
 1502         5. Projects that make use of private lands, or lands held
 1503  in trust for Indian tribes, to reduce nutrient loadings or
 1504  concentrations within a basin by one or more of the following
 1505  methods: restoring the natural hydrology of the basin, restoring
 1506  wildlife habitat or impacted wetlands, reducing peak flows after
 1507  storm events, increasing aquifer recharge, or protecting range
 1508  and timberland from conversion to development, are eligible for
 1509  grants available under this section from the coordinating
 1510  agencies. For projects of otherwise equal priority, special
 1511  funding priority will be given to those projects that make best
 1512  use of the methods outlined above that involve public-private
 1513  partnerships or that obtain federal match money. Preference
 1514  ranking above the special funding priority will be given to
 1515  projects located in a rural area of opportunity critical
 1516  economic concern designated by the Governor. Grant applications
 1517  may be submitted by any person or tribal entity, and eligible
 1518  projects may include, but are not limited to, the purchase of
 1519  conservation and flowage easements, hydrologic restoration of
 1520  wetlands, creating treatment wetlands, development of a
 1521  management plan for natural resources, and financial support to
 1522  implement a management plan.
 1523         6.a. The department shall require all entities disposing of
 1524  domestic wastewater residuals within the Lake Okeechobee
 1525  watershed and the remaining areas of Okeechobee, Glades, and
 1526  Hendry Counties to develop and submit to the department an
 1527  agricultural use plan that limits applications based upon
 1528  phosphorus loading. By July 1, 2005, phosphorus concentrations
 1529  originating from these application sites may shall not exceed
 1530  the limits established in the district’s WOD program. After
 1531  December 31, 2007, the department may not authorize the disposal
 1532  of domestic wastewater residuals within the Lake Okeechobee
 1533  watershed unless the applicant can affirmatively demonstrate
 1534  that the phosphorus in the residuals will not add to phosphorus
 1535  loadings in Lake Okeechobee or its tributaries. This
 1536  demonstration shall be based on achieving a net balance between
 1537  phosphorus imports relative to exports on the permitted
 1538  application site. Exports shall include only phosphorus removed
 1539  from the Lake Okeechobee watershed through products generated on
 1540  the permitted application site. This prohibition does not apply
 1541  to Class AA residuals that are marketed and distributed as
 1542  fertilizer products in accordance with department rule.
 1543         b. Private and government-owned utilities within Monroe,
 1544  Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
 1545  River, Okeechobee, Highlands, Hendry, and Glades Counties that
 1546  dispose of wastewater residual sludge from utility operations
 1547  and septic removal by land spreading in the Lake Okeechobee
 1548  watershed may use a line item on local sewer rates to cover
 1549  wastewater residual treatment and disposal if such disposal and
 1550  treatment is done by approved alternative treatment methodology
 1551  at a facility located within the areas designated by the
 1552  Governor as rural areas of opportunity critical economic concern
 1553  pursuant to s. 288.0656. This additional line item is an
 1554  environmental protection disposal fee above the present sewer
 1555  rate and may shall not be considered a part of the present sewer
 1556  rate to customers, notwithstanding provisions to the contrary in
 1557  chapter 367. The fee shall be established by the county
 1558  commission or its designated assignee in the county in which the
 1559  alternative method treatment facility is located. The fee shall
 1560  be calculated to be no higher than that necessary to recover the
 1561  facility’s prudent cost of providing the service. Upon request
 1562  by an affected county commission, the Florida Public Service
 1563  Commission will provide assistance in establishing the fee.
 1564  Further, for utilities and utility authorities that use the
 1565  additional line item environmental protection disposal fee, such
 1566  fee may shall not be considered a rate increase under the rules
 1567  of the Public Service Commission and shall be exempt from such
 1568  rules. Utilities using the provisions of this section may
 1569  immediately include in their sewer invoicing the new
 1570  environmental protection disposal fee. Proceeds from this
 1571  environmental protection disposal fee shall be used for
 1572  treatment and disposal of wastewater residuals, including any
 1573  treatment technology that helps reduce the volume of residuals
 1574  that require final disposal, but such proceeds may shall not be
 1575  used for transportation or shipment costs for disposal or any
 1576  costs relating to the land application of residuals in the Lake
 1577  Okeechobee watershed.
 1578         c. No less frequently than once every 3 years, the Florida
 1579  Public Service Commission or the county commission through the
 1580  services of an independent auditor shall perform a financial
 1581  audit of all facilities receiving compensation from an
 1582  environmental protection disposal fee. The Florida Public
 1583  Service Commission or the county commission through the services
 1584  of an independent auditor shall also perform an audit of the
 1585  methodology used in establishing the environmental protection
 1586  disposal fee. The Florida Public Service Commission or the
 1587  county commission shall, within 120 days after completion of an
 1588  audit, file the audit report with the President of the Senate
 1589  and the Speaker of the House of Representatives and shall
 1590  provide copies to the county commissions of the counties set
 1591  forth in sub-subparagraph b. The books and records of any
 1592  facilities receiving compensation from an environmental
 1593  protection disposal fee shall be open to the Florida Public
 1594  Service Commission and the Auditor General for review upon
 1595  request.
 1596         7. The Department of Health shall require all entities
 1597  disposing of septage within the Lake Okeechobee watershed to
 1598  develop and submit to that agency an agricultural use plan that
 1599  limits applications based upon phosphorus loading. By July 1,
 1600  2005, phosphorus concentrations originating from these
 1601  application sites may shall not exceed the limits established in
 1602  the district’s WOD program.
 1603         8. The Department of Agriculture and Consumer Services
 1604  shall initiate rulemaking requiring entities within the Lake
 1605  Okeechobee watershed which land-apply animal manure to develop
 1606  resource management system level conservation plans, according
 1607  to United States Department of Agriculture criteria, which limit
 1608  such application. Such rules may include criteria and thresholds
 1609  for the requirement to develop a conservation or nutrient
 1610  management plan, requirements for plan approval, and
 1611  recordkeeping requirements.
 1612         9. The district, the department, or the Department of
 1613  Agriculture and Consumer Services, as appropriate, shall
 1614  implement those alternative nutrient reduction technologies
 1615  determined to be feasible pursuant to subparagraph (d)6.
 1616         Section 33. Paragraph (e) of subsection (2) and paragraph
 1617  (b) of subsection (26) of section 380.06, Florida Statutes, are
 1618  amended to read:
 1619         380.06 Developments of regional impact.—
 1620         (2) STATEWIDE GUIDELINES AND STANDARDS.—
 1621         (e) With respect to residential, hotel, motel, office, and
 1622  retail developments, the applicable guidelines and standards
 1623  shall be increased by 50 percent in urban central business
 1624  districts and regional activity centers of jurisdictions whose
 1625  local comprehensive plans are in compliance with part II of
 1626  chapter 163. With respect to multiuse developments, the
 1627  applicable individual use guidelines and standards for
 1628  residential, hotel, motel, office, and retail developments and
 1629  multiuse guidelines and standards shall be increased by 100
 1630  percent in urban central business districts and regional
 1631  activity centers of jurisdictions whose local comprehensive
 1632  plans are in compliance with part II of chapter 163, if one land
 1633  use of the multiuse development is residential and amounts to
 1634  not less than 35 percent of the jurisdiction’s applicable
 1635  residential threshold. With respect to resort or convention
 1636  hotel developments, the applicable guidelines and standards
 1637  shall be increased by 150 percent in urban central business
 1638  districts and regional activity centers of jurisdictions whose
 1639  local comprehensive plans are in compliance with part II of
 1640  chapter 163 and where the increase is specifically for a
 1641  proposed resort or convention hotel located in a county with a
 1642  population greater than 500,000 and the local government
 1643  specifically designates that the proposed resort or convention
 1644  hotel development will serve an existing convention center of
 1645  more than 250,000 gross square feet built before prior to July
 1646  1, 1992. The applicable guidelines and standards shall be
 1647  increased by 150 percent for development in any area designated
 1648  by the Governor as a rural area of opportunity critical economic
 1649  concern pursuant to s. 288.0656 during the effectiveness of the
 1650  designation.
 1651         (26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.—
 1652         (b) Upon receipt of written confirmation from the state
 1653  land planning agency that any required mitigation applicable to
 1654  completed development has occurred, an industrial development of
 1655  regional impact located within the coastal high-hazard area of a
 1656  rural area of opportunity county of economic concern which was
 1657  approved before prior to the adoption of the local government’s
 1658  comprehensive plan required under s. 163.3167 and which plan’s
 1659  future land use map and zoning designates the land use for the
 1660  development of regional impact as commercial may be unilaterally
 1661  abandoned without the need to proceed through the process
 1662  described in paragraph (a) if the developer or owner provides a
 1663  notice of abandonment to the local government and records such
 1664  notice with the applicable clerk of court. Abandonment shall be
 1665  deemed to have occurred upon the recording of the notice. All
 1666  development following abandonment shall be fully consistent with
 1667  the current comprehensive plan and applicable zoning.
 1668         Section 34. Paragraph (g) of subsection (3) of section
 1669  380.0651, Florida Statutes, is amended to read:
 1670         380.0651 Statewide guidelines and standards.—
 1671         (3) The following statewide guidelines and standards shall
 1672  be applied in the manner described in s. 380.06(2) to determine
 1673  whether the following developments shall be required to undergo
 1674  development-of-regional-impact review:
 1675         (g) Residential development.A No rule may not be adopted
 1676  concerning residential developments which treats a residential
 1677  development in one county as being located in a less populated
 1678  adjacent county unless more than 25 percent of the development
 1679  is located within 2 or less miles or less of the less populated
 1680  adjacent county. The residential thresholds of adjacent counties
 1681  with less population and a lower threshold may shall not be
 1682  controlling on any development wholly located within areas
 1683  designated as rural areas of opportunity critical economic
 1684  concern.
 1685         Section 35. Paragraph (b) of subsection (2) of section
 1686  985.686, Florida Statutes, is amended to read:
 1687         985.686 Shared county and state responsibility for juvenile
 1688  detention.—
 1689         (2) As used in this section, the term:
 1690         (b) “Fiscally constrained county” means a county within a
 1691  rural area of opportunity critical economic concern as
 1692  designated by the Governor pursuant to s. 288.0656 or each
 1693  county for which the value of a mill will raise no more than $5
 1694  million in revenue, based on the certified school taxable value
 1695  certified pursuant to s. 1011.62(4)(a)1.a., from the previous
 1696  July 1.
 1697         Section 36. Subsection (2) of section 1011.76, Florida
 1698  Statutes, is amended to read:
 1699         1011.76 Small School District Stabilization Program.—
 1700         (2) In order to participate in this program, a school
 1701  district must be located in a rural area of opportunity critical
 1702  economic concern designated by the Executive Office of the
 1703  Governor, and the district school board must submit a resolution
 1704  to the Department of Economic Opportunity requesting
 1705  participation in the program. A rural area of opportunity
 1706  critical economic concern must be a rural community, or a region
 1707  composed of such, that has been adversely affected by an
 1708  extraordinary economic event or a natural disaster or that
 1709  presents a unique economic development concern or opportunity of
 1710  regional impact. The resolution must be accompanied by with
 1711  documentation of the economic conditions in the community and,
 1712  provide information indicating the negative impact of these
 1713  conditions on the school district’s financial stability, and the
 1714  school district must participate in a best financial management
 1715  practices review to determine potential efficiencies that could
 1716  be implemented to reduce program costs in the district.
 1717         Section 37. Paragraph (a) of subsection (4) of section
 1718  215.425, Florida Statutes, is amended to read:
 1719         215.425 Extra compensation claims prohibited; bonuses;
 1720  severance pay.—
 1721         (4)(a) On or after July 1, 2011, a unit of government that
 1722  enters into a contract or employment agreement, or renewal or
 1723  renegotiation of an existing contract or employment agreement,
 1724  that contains a provision for severance pay with an officer,
 1725  agent, employee, or contractor must include the following
 1726  provisions in the contract:
 1727         1. A requirement that severance pay provided may not exceed
 1728  an amount greater than 20 weeks of compensation.
 1729         2. A prohibition of provision of severance pay when the
 1730  officer, agent, employee, or contractor has been fired for
 1731  misconduct, as defined in s. 443.036(29) s. 443.036(30), by the
 1732  unit of government.
 1733         Section 38. Paragraph (f) of subsection (13) of section
 1734  443.1216, Florida Statutes, is amended to read:
 1735         443.1216 Employment.—Employment, as defined in s. 443.036,
 1736  is subject to this chapter under the following conditions:
 1737         (13) The following are exempt from coverage under this
 1738  chapter:
 1739         (f) Service performed in the employ of a public employer as
 1740  defined in s. 443.036, except as provided in subsection (2), and
 1741  service performed in the employ of an instrumentality of a
 1742  public employer as described in s. 443.036(35)(b) or (c) s.
 1743  443.036(36)(b) or (c), to the extent that the instrumentality is
 1744  immune under the United States Constitution from the tax imposed
 1745  by s. 3301 of the Internal Revenue Code for that service.
 1746         Section 39. This act shall take effect July 1, 2014.