CS/HB 7111

1	A bill to be entitled
2	An act relating to economic development; creating s.
3	288.7001, F.S.; providing a short title; providing
4	findings and purpose; providing definitions; creating the
5	Small Business Regulatory Advisory Council; providing for
6	appointments, membership, and meetings; providing
7	administrative location for the council; providing powers
8	and limitations of the council; providing for coordinated
9	review of agency rules by the council with agency sunset
10	review; providing timelines for review; providing for the
11	council to issue a business-friendly scorecard of agency
12	rules; creating s. 288.7002, F.S.; providing findings and
13	purpose; providing definitions; providing for selection of
14	the Florida Small Business Advocate; providing for
15	preferred qualifications of the advocate; providing duties
16	of the advocate; providing for agency cooperation with the
17	advocate; providing for an annual report by the advocate
18	to the Governor and Legislature; amending s. 11.908, F.S.;
19	requiring a Joint Legislative Sunset Committee to consult
20	with the Small Business Regulatory Advisory Council in its
21	sunset review of a state agency; amending s. 11.911, F.S.;
22	requiring the Legislative Sunset Committee to include in
23	its report any recommendations of the Small Business
24	Regulatory Advisory Council concerning the rules of an
25	agency recommended to be continued or reorganized;
26	amending s. 11.919, F.S.; requiring agency assistance to
27	the Small Business Regulatory Advisory Council;
28	authorizing the council to access or request information
29	and assistance; amending s. 120.54, F.S.; requiring an
30	agency to prepare a statement of estimated regulatory
31	costs; requiring agency notification to the Small Business
32	Regulatory Advisory Council relating to proposed agency
33	action affecting small business; requiring an agency to
34	adopt regulatory alternatives offered by the council under
35	certain circumstances; providing for rule filing extension
36	when regulatory alternatives are offered by the council;
37	providing for outside review of regulatory alternatives
38	not adopted by an agency and for an agency response;
39	amending s. 120.74, F.S.; requiring biennial rule review
40	by agency to consider the impact of rules on small
41	business and include the results in a report to the
42	Legislature; amending s. 220.191, F.S.; requiring
43	applications for capital investment tax credits to be
44	reviewed and certified under a specified provision;
45	creating s. 288.061, F.S.; providing an economic
46	development incentive application process; providing time
47	periods and requirements for certification for economic
48	development incentive applications; amending s. 288.063,
49	F.S.; requiring that adoption of criteria by which certain
50	transportation projects are to be reviewed and certified
51	be done in accordance with a specified provision; amending
52	s. 288.065, F.S.; revising Rural Community Development
53	Revolving Loan Fund program requirements; amending s.
54	288.0655, F.S.; authorizing the Office of Tourism, Trade,
55	and Economic Development to award grants for a certain
56	percentage of total infrastructure project costs for
57	certain catalyst site funding applications; providing for
58	waiver of the local matching requirement; expanding
59	eligible facilities for authorized infrastructure
60	projects; amending s. 288.0656, F.S.; providing
61	legislative intent; revising and providing definitions;
62	providing certain additional review and action
63	requirements for REDI relating to rural communities;
64	revising representation on REDI; deleting a limitation on
65	characterization as a rural area of critical economic
66	concern; authorizing rural areas of critical economic
67	concern to designate certain catalyst projects for certain
68	purposes; providing project requirements; requiring the
69	initiative to assist local governments with certain
70	comprehensive planning needs; providing procedures and
71	requirements for such assistance; revising certain
72	reporting requirements for REDI; amending s. 288.0657,
73	F.S.; revising the definition for a rural community;
74	amending s. 288.1045, F.S.; revising provisions relating
75	to the application and refund process for the qualified
76	defense contractor tax refund program; revising the cap on
77	refunds per applicant; deleting a report requirement;
78	extending the expiration date; amending s. 288.106, F.S.;
79	revising provisions relating to the application process
80	for the qualified target industry businesses; revising an
81	economic-stimulus exemption request provision; deleting an
82	expiration provision; amending s. 288.107, F.S.; providing
83	additional criteria for participation in the brownfield
84	redevelopment bonus refund; requiring that applications
85	for brownfield redevelopment bonus refunds be reviewed and
86	certified under a specified provision; amending s.
87	288.108, F.S.; requiring that applications for high-impact
88	business performance grants be considered under a
89	specified provision; deleting certain final order and
90	report requirements; amending s. 288.1088, F.S.; requiring
91	that applications concerning the Quick Action Closing Fund
92	be considered under a specified provision; providing a
93	time period for the director to recommend approval or
94	disapproval of a project for receipt of funds from the
95	Quick Action Closing Fund; amending s. 288.1089, F.S.;
96	revising application requirements for innovation incentive
97	awards; revising evaluation and recommendation
98	requirements for innovation incentive awards; requiring
99	the Legislative Budget Commission to review and approve an
100	innovation incentive award before the Executive Office of
101	the Governor releases the funds; revising requirements for
102	agreements setting forth the conditions for payment of
103	incentives; revising provisions relating to ethical
104	standards for reward recipients; amending s. 288.1162,
105	F.S.; revising provisions relating to funding for
106	relocation of spring training franchises; requiring local
107	governments receiving funds to submit annual reports;
108	providing for decertification of an applicant; requiring
109	the Office of Tourism, Trade, and Economic Development to
110	develop a comprehensive strategic plan including the use
111	of financial resources for the purpose of retaining the
112	tradition of spring training in this state; creating a
113	Commissioner of Baseball in Florida and providing criteria
114	for and duties of the position; providing rulemaking
115	authority; amending s. 288.1254, F.S., relating to the
116	reversion of appropriations for film incentives; providing
117	a limited amount of funds to be used for international
118	cultural festivals upon certain determinations; amending
119	s. 288.7102, F.S.; revising provisions relating to the
120	application and certification process for the Black
121	Business Loan Program; providing requirements concerning
122	distribution of program funding; amending s. 288.955,
123	F.S.; revising definitions relating to the Scripps Florida
124	Funding Corporation; requiring the Scripps Florida Funding
125	Corporation, along with the Office of Tourism, Trade, and
126	Economic Development and Enterprise Florida, Inc., to
127	review the performance and progress of grant recipients of
128	the Innovation Incentive Program; conforming provisions
129	relating to members of the board of directors; deleting
130	obsolete provisions; revising the duties of the
131	corporation; requiring an annual report on Innovation
132	Incentive Program activities; amending s. 288.9624, F.S.,
133	relating to the Florida Opportunity Fund; revising the
134	determination of a fund allocation manager; providing that
135	venture capital funds affiliated with certain state
136	universities are eligible for investment by the fund;
137	providing for specified direct business investments by the
138	fund; amending s. 290.0055, F.S.; providing for expansion
139	of enterprise zones located entirely within state
140	designated rural areas of critical economic concern;
141	providing limits on such expansion; amending s. 403.973,
142	F.S.; providing expedited permitting for certain projects;
143	amending s. 443.036, F.S.; revising the definition of the
144	term "employee leasing company" for purposes of
145	unemployment compensation; amending s. 443.1216, F.S.;
146	requiring quarterly reports by employee leasing companies
147	that include client and establishment specific
148	information; authorizing the Agency for Workforce
149	Innovation to adopt rules; providing enforcement
150	authority; creating s. 770.041, F.S.; providing a private
151	cause of action for negligent evaluation, ranking, or
152	rating of a business; providing for attorney fees,
153	expenses, costs, and damages; amending ss. 257.193,
154	288.019, 288.06561, 288.7094, and 627.6699, F.S.;
155	conforming cross-references; authorizing positions and
156	providing an appropriation for the Office of Tourism,
157	Trade, and Economic Development; providing severability;
158	providing effective dates.
159
160	Be It Enacted by the Legislature of the State of Florida:
161
162	Section 1.  Section 288.7001, Florida Statutes, is created
163	to read:
164	288.7001  Small Business Regulatory Advisory Council.--
165	(1)  SHORT TITLE.--This section may be cited as the "Small
166	Business Regulatory Relief Act."
167	(2)  FINDINGS AND PURPOSE.--The Legislature finds and
168	declares that:
169	(a)  A vibrant and growing small business sector is
170	critical to creating jobs in a dynamic economy.
171	(b)  At times, small businesses bear a disproportionate
172	share of regulatory costs and burdens.
173	(c)  Fundamental changes that are needed in the regulatory
174	culture of state agencies to make them not only more responsive,
175	but responsive in a timelier fashion, to small business should
176	be made without compromising the statutory missions of the
177	agencies.
178	(d)  When adopting rules to protect the health, safety, and
179	economic welfare of the state, agencies should seek to achieve
180	statutory goals as effectively and efficiently as possible
181	without imposing unnecessary burdens on small businesses.
182	(e)  Uniform regulatory reporting requirements can impose
183	unnecessary and disproportionately burdensome demands, including
184	legal, accounting, and consulting costs, upon small businesses
185	with limited resources.
186	(f)  The failure to recognize differences in the scale and
187	resources of regulated businesses can adversely affect
188	competition in the marketplace, discourage innovation, and
189	restrict improvements in productivity.
190	(g)  Unnecessary rules create entry barriers in many
191	industries and discourage potential entrepreneurs from
192	introducing beneficial products and processes.
193	(h)  The practice of treating all regulated businesses as
194	equivalent may lead to inefficient use of agency resources,
195	enforcement problems and, in some cases, to actions inconsistent
196	with stated legislative intent of health, safety, environmental,
197	economic welfare, and other legislation.
198	(i)  Alternative regulatory approaches that do not conflict
199	with applicable statutes may be available to minimize the
200	significant economic impact of rules on small businesses.
201	(3)  DEFINITIONS.--As used in this section, the term:
202	(a)  "Agency" means an agency as defined in s. 120.52.
203	(b)  "Council" means the Small Business Regulatory Advisory
204	Council.
205	(c)  "Rule" means a rule as defined in s. 120.52.
206	(d)  "Small business" means a small business as defined in
207	s. 288.703.
208	(4)  CREATION; MEMBERSHIP; POWERS AND DUTIES.--
209	(a)  The Small Business Regulatory Advisory Council is
210	created. The council shall consist of nine members who are
211	current or former small business owners, three appointed by the
212	Governor, three appointed by the President of the Senate, and
213	three appointed by the Speaker of the House of Representatives.
214	The initial appointments to the council must be made within 60
215	days after the effective date of this act. The members shall be
216	from different geographic regions of the state. Members shall
217	serve 4-year terms; however, in order to establish staggered
218	terms, for the initial appointments, each appointing official
219	shall appoint one member to a 2-year term and two members to a
220	4-year term. A member shall not serve more than three
221	consecutive terms. Members shall select the chairperson from
222	among the members of the council. The council shall meet
223	quarterly or upon the call of the chairperson. A majority of the
224	members constitutes a quorum for the conduct of business.
225	Members of the council shall serve without compensation. The
226	appointing official may remove his or her appointee without
227	cause at any time. A member whose term has expired shall
228	continue to serve on the council until such time as a
229	replacement is appointed. Vacancies shall be filled for the
230	remainder of the term and by the original appointing official.
231	(b)  The council is established, assigned to, and
232	administratively housed within the Florida Small Business
233	Development Center Network, which shall provide staff support to
234	the council.
235	(c)  The council may:
236	1.  Provide agencies with recommendations regarding
237	proposed rules or programs that may adversely affect small
238	business;
239	2.  Consider requests from small business owners to review
240	rules or programs adopted by an agency;
241	3.  Consider requests from small business owners to review
242	small business owners' private property rights related to rules
243	or programs adopted or implemented by an agency; and
244	4.  Review rules promulgated by an agency to determine
245	whether a rule places an unnecessary burden on small business
246	and make recommendations to the agency to mitigate the adverse
247	effects.
248	(d)  The council does not have authority to:
249	1.  Initiate or intervene in any administrative or judicial
250	proceeding; or
251	2.  Issue subpoenas.
252	(e)  The council shall prepare and submit a written annual
253	report to the Governor, the President of the Senate, and the
254	Speaker of the House of Representatives that describes its
255	activities and recommendations.
256	(5)  PERIODIC REVIEW OF RULES.--
257	(a)  In coordination with the schedule for reviewing state
258	agencies and advisory committees provided in s. 11.905, the
259	council may review rules of agencies subject to review to
260	determine whether the rules should be continued without change
261	or should be amended or repealed to reduce the impact of the
262	rules on small businesses, subject to the requirement that the
263	recommendations of the council must be feasible and consistent
264	with the stated objectives of the rules.
265	(b)  In reviewing agency rules to reduce the impact on
266	small businesses, the council, in coordination with the agency,
267	shall consider the following factors:
268	1.  The continued need for the rule.
269	2.  The nature of complaints or comments received from the
270	public concerning the rule.
271	3.  The complexity of the rule.
272	4.  The extent to which the rule overlaps, duplicates, or
273	conflicts with other federal, state, or local government rules.
274	5.  The length of time since the rule has been evaluated or
275	the degree to which technology, economic conditions, or other
276	factors have changed in the topical area affected by the rule.
277	(c)  Within 6 months after the agency report is submitted
278	to the Joint Legislative Sunset Committee pursuant to s. 11.907,
279	the council shall provide a report to the Governor, the
280	President of the Senate, the Speaker of the House of
281	Representatives, and the Joint Legislative Sunset Committee that
282	includes recommendations and evaluations of agency rules and
283	programs regarding regulatory fairness for small businesses. A
284	component of the report shall be a rating system, developed by
285	the council, entitled "Small Business Friendliness and
286	Development Scorecard."
287	Section 2.  Section 288.7002, Florida Statutes, is created
288	to read:
289	288.7002  Small business advocate.--
290	(1)  FINDINGS AND PURPOSE.--
291	(a)  The Legislature finds and declares that it is in the
292	public interest to aid, counsel, assist, and protect, insofar as
293	is possible, the interests of small business concerns in order
294	to preserve free competitive enterprise and maintain a healthy
295	state economy.
296	(b)  The Legislature finds that the state should provide a
297	point person to advocate the causes of small business and to
298	provide small businesses with the information they need to
299	survive in the marketplace.
300	(2)  DEFINITIONS.--
301	(a)  "Advocate" means the Florida Small Business Advocate,
302	who is also the Director of the Office of Small Business
303	Advocate.
304	(b)  "Director" means the Director of the Office of Small
305	Business Advocate.
306	(c)  "Office" means the Office of Small Business Advocate.
307	(3)  OFFICE OF SMALL BUSINESS ADVOCATE.--The Office of
308	Small Business Advocate is established, assigned to, and
309	administratively housed within the Florida Small Business
310	Development Center Network. The director shall be the Florida
311	Small Business Advocate.
312	(4)  DIRECTOR OF THE OFFICE OF SMALL BUSINESS ADVOCATE;
313	APPOINTMENT; DUTIES.--
314	(a)  The advocate shall be selected by the director of the
315	Florida Small Business Development Center Network and shall be
316	an employee of or under contract with the Florida Small Business
317	Development Center Network. Preferred qualifications for the
318	advocate include at least 5 years' experience in small business,
319	extensive knowledge of the issues and challenges of importance
320	to small business, and actual experience in small business
321	advocacy and assistance.
322	(b)  The duties and functions of the advocate shall include
323	all of the following:
324	1.  Act as staff for the Small Business Regulatory Advisory
325	Council.
326	2.  Serve as principal advocate in the state on behalf of
327	small businesses, including, but not limited to, advisory
328	participation in the consideration of all legislation and
329	administrative rules that affect small businesses, and advocacy
330	on state policy and programs related to small businesses on
331	disaster preparedness and recovery, including providing
332	technical assistance.
333	3.  Represent the views and interests of small businesses
334	before agencies whose policies and activities may affect small
335	businesses. Among other activities, the advocate may encourage
336	standardized applications and information packages that would
337	include all the information needed by each agency that a
338	business has to deal with to prevent an applicant from having to
339	fill out duplicative information on forms from various agencies.
340	4.  Enlist the cooperation and assistance of public and
341	private agencies, businesses, and other organizations in
342	disseminating information about the programs and services
343	provided by all levels of government that are of benefit to
344	small businesses and information on how small businesses can
345	participate in, or make use of, those programs and services.
346	5.  Issue a report every 2 years evaluating the efforts of
347	agencies that significantly regulate small businesses, to assist
348	minority and other small business enterprises, and to make
349	recommendations that may be appropriate to assist the
350	development and strengthening of minority and other small
351	business enterprises.
352	6.  Consult with experts and authorities in the fields of
353	small business investment, venture capital investment, and
354	commercial banking, including comparable financial institutions
355	involved in the financing of business; with individuals with
356	regulatory, legal, economic, or financial expertise, including
357	members of the academic community; and with individuals who
358	generally represent the public interest.
359	7.  Seek the assistance and cooperation of all agencies and
360	departments providing services to or affecting small business to
361	ensure coordination of state efforts.
362	8.  Receive and respond to complaints from small businesses
363	concerning the actions of agencies and the operative effects of
364	state laws and regulations adversely affecting those businesses.
365	The advocate shall establish an annual process for small
366	businesses to nominate agency rules or programs for reform. The
367	advocate shall publish those nominations online and update the
368	status of agency action on the proposed reforms twice yearly.
369	9.  Counsel small businesses on how to resolve questions
370	and problems concerning the relationship of small business to
371	state government.
372	10.  Maintain, publicize, and distribute an annual list of
373	persons serving as small business ombudsmen throughout state
374	government.
375	11.  Coordinate a statewide conference on small business
376	with public and private organizations and entities impacting
377	small business in the state.
378	12.  Coordinate annual public meetings to share best
379	practices for small business disaster preparedness. The meetings
380	shall be held in consultation with regional and statewide small
381	business organizations and shall take place in different
382	locations throughout the state.
383	(5)  REPORTS AND DOCUMENTS FURNISHED TO SMALL BUSINESS
384	ADVOCATE; ANNUAL REPORTS.--
385	(a)  Each agency of the state shall furnish to the advocate
386	the reports, documents, and information that are public records
387	and that the director deems necessary to carry out his or her
388	functions under this chapter.
389	(b)  The advocate shall prepare and submit a written annual
390	report to the Governor, the President of the Senate, and the
391	Speaker of the House of Representatives that describes the
392	activities and recommendations of the office.
393	Section 3.  Subsection (2) of section 11.908, Florida
394	Statutes, is amended to read:
395	11.908  Committee duties.--No later than March 1 of the
396	year in which a state agency or its advisory committees are
397	scheduled to be reviewed, the committee shall and the joint
398	committee may:
399	(2)  Consult with the Legislative Budget Commission, the
400	Small Business Regulatory Advisory Council, relevant substantive
401	and appropriations committees of the Senate and the House of
402	Representatives, the Governor's Office of Policy and Budgeting,
403	the Auditor General, and the Chief Financial Officer, or their
404	successors, relating to the review of the agency and its
405	advisory committees.
406	Section 4.  Paragraph (a) of subsection (2) of section
407	11.911, Florida Statutes, is amended to read:
408	11.911  Committee recommendations.--
409	(2)  In its report on a state agency, the joint committee
410	shall:
411	(a)  Make recommendations on the abolition, continuation,
412	or reorganization of each state agency and its advisory
413	committees and on the need for the performance of the functions
414	of the agency and its advisory committees. If the committee
415	recommends continuation or reorganization, the committee shall
416	include in its recommendations the report of the Small Business
417	Regulatory Advisory Council, as provided in s. 288.7001,
418	regarding the rules of each agency.
419	Section 5.  Section 11.919, Florida Statutes, is amended to
420	read:
421	11.919  Assistance of and access to state agencies.--
422	(1)  The committee and the Small Business Regulatory
423	Advisory Council may access or request information and request
424	the assistance of state agencies and officers. When assistance
425	is requested, a state agency or officer shall assist the
426	committee and the Small Business Regulatory Advisory Council.
427	(2)  In carrying out its functions under ss. 11.901-11.920,
428	the committee or its designated staff member may inspect the
429	records, documents, and files of any state agency.
430	Section 6.  Paragraph (b) of subsection (3) of section
431	120.54, Florida Statutes, is amended to read:
432	120.54  Rulemaking.--
433	(3)  ADOPTION PROCEDURES.--
434	(b)  Special matters to be considered in rule adoption.--
435	1.  Statement of estimated regulatory costs.--Prior to the
436	adoption, amendment, or repeal of any rule other than an
437	emergency rule, an agency is encouraged to prepare a statement
438	of estimated regulatory costs of the proposed rule, as provided
439	by s. 120.541. However, an agency shall prepare a statement of
440	estimated regulatory costs of the proposed rule, as provided by
441	s. 120.541, if the proposed rule will have an impact on small
442	business.
443	2.  Small businesses, small counties, and small cities.--
444	a.  Each agency, before the adoption, amendment, or repeal
445	of a rule, shall consider the impact of the rule on small
446	businesses as defined by s. 288.703 and the impact of the rule
447	on small counties or small cities as defined by s. 120.52.
448	Whenever practicable, an agency shall tier its rules to reduce
449	disproportionate impacts on small businesses, small counties, or
450	small cities to avoid regulating small businesses, small
451	counties, or small cities that do not contribute significantly
452	to the problem the rule is designed to address. An agency may
453	define "small business" to include businesses employing more
454	than 100 persons, may define "small county" to include those
455	with populations of more than 75,000, and may define "small
456	city" to include those with populations of more than 10,000, if
457	it finds that such a definition is necessary to adapt a rule to
458	the needs and problems of small businesses, small counties, or
459	small cities. The agency shall consider each of the following
460	methods for reducing the impact of the proposed rule on small
461	businesses, small counties, and small cities, or any combination
462	of these entities:
463	(I)  Establishing less stringent compliance or reporting
464	requirements in the rule.
465	(II)  Establishing less stringent schedules or deadlines in
466	the rule for compliance or reporting requirements.
467	(III)  Consolidating or simplifying the rule's compliance
468	or reporting requirements.
469	(IV)  Establishing performance standards or best-management
470	practices to replace design or operational standards in the
471	rule.
472	(V)  Exempting small businesses, small counties, or small
473	cities from any or all requirements of the rule.
474	b.(I)  If the agency determines that the proposed action
475	will affect small businesses as defined by the agency as
476	provided in sub-subparagraph a., the agency shall send written
477	notice of the rule to the Small Business Regulatory Advisory
478	Council and small business ombudsman of the Office of Tourism,
479	Trade, and Economic Development not less than 28 days prior to
480	the intended action.
481	(II)  Each agency shall adopt those regulatory alternatives
482	offered by the Small Business Regulatory Advisory Council small
483	business ombudsman and provided to the agency no later than 21
484	days after the council's ombudsman's receipt of the written
485	notice of the rule which it finds are feasible and consistent
486	with the stated objectives of the proposed rule and which would
487	reduce the impact on small businesses. When regulatory
488	alternatives are offered by the Small Business Regulatory
489	Advisory Council small business ombudsman, the 90-day period for
490	filing the rule in subparagraph (e)2. is extended for a period
491	of 21 days.
492	(III)  If an agency does not adopt all alternatives offered
493	pursuant to this sub-subparagraph, it shall, prior to rule
494	adoption or amendment and pursuant to subparagraph (d)1., file a
495	detailed written statement with the committee explaining the
496	reasons for failure to adopt such alternatives. Within 3 working
497	days of the filing of such notice, the agency shall send a copy
498	of such notice to the Small Business Regulatory Advisory Council
499	small business ombudsman. The Small Business Regulatory Advisory
500	Council may make a request of the President of the Senate and
501	the Speaker of the House of Representatives that the presiding
502	officers direct the Office of Program Policy Analysis and
503	Government Accountability to determine whether the rejected
504	alternatives reduce the impact on small business while meeting
505	the stated objectives of the proposed rule. Within 60 days after
506	the date of the directive from the presiding officers, the
507	Office of Program Policy Analysis and Government Accountability
508	shall report to the Administrative Procedures Committee its
509	findings as to whether an alternative reduces the impact on
510	small business while meeting the stated objectives of the
511	proposed rule. The Office of Program Policy Analysis and
512	Government Accountability shall consider the proposed rule, the
513	economic impact statement, the written statement of the agency,
514	the proposed alternatives, and any comment submitted during the
515	comment period on the proposed rule. The Office of Program
516	Policy Analysis and Government Accountability shall submit a
517	report of its findings and recommendations to the Governor, the
518	President of the Senate, and the Speaker of the House of
519	Representatives. The Administrative Procedures Committee shall
520	report such findings to the agency, and the agency shall respond
521	in writing to the Administrative Procedures Committee if the
522	Office of Program Policy Analysis and Government Accountability
523	found that the alternative reduced the impact on small business
524	while meeting the stated objectives of the proposed rule. If the
525	agency will not adopt the alternative, it must also provide a
526	detailed written statement to the Administrative Procedures
527	Committee as to why it will not adopt the alternative.
528	Section 7.  Paragraph (g) is added to subsection (1) of
529	section 120.74, Florida Statutes, and subsection (2) of that
530	section is amended, to read:
531	120.74  Agency review, revision, and report.--
532	(1)  Each agency shall review and revise its rules as often
533	as necessary to ensure that its rules are correct and comply
534	with statutory requirements. Additionally, each agency shall
535	perform a formal review of its rules every 2 years. In the
536	review, each agency must:
537	(g)  Determine whether the rules should be continued
538	without change or should be amended or repealed to reduce the
539	impact on small business while meeting the stated objectives of
540	the proposed rule.
541	(2)  Beginning October 1, 1997, and By October 1 of every
542	odd-numbered other year thereafter, the head of each agency
543	shall file a report with the President of the Senate, the
544	Speaker of the House of Representatives, and the committee, with
545	a copy to each appropriate standing committee of the
546	Legislature, which certifies that the agency has complied with
547	the requirements of this subsection. The report must specify any
548	changes made to its rules as a result of the review and, when
549	appropriate, recommend statutory changes that will promote
550	efficiency, reduce paperwork, or decrease costs to government
551	and the private sector. The report must specifically address the
552	economic impact of the rules on small business. The report must
553	identify the types of cases or disputes in which the agency is
554	involved which should be conducted under the summary hearing
555	process described in s. 120.574.
556	Section 8.  Subsection (5) of section 220.191, Florida
557	Statutes, is amended to read:
558	220.191  Capital investment tax credit.--
559	(5)  Applications shall be reviewed and certified pursuant
560	to s. 288.061. The office, upon a recommendation by Enterprise
561	Florida, Inc., shall first certify a business as eligible to
562	receive tax credits pursuant to this section prior to the
563	commencement of operations of a qualifying project, and such
564	certification shall be transmitted to the Department of Revenue.
565	Upon receipt of the certification, the Department of Revenue
566	shall enter into a written agreement with the qualifying
567	business specifying, at a minimum, the method by which income
568	generated by or arising out of the qualifying project will be
569	determined.
570	Section 9.  Section 288.061, Florida Statutes, is created
571	to read:
572	288.061  Economic development incentive application
573	process.--
574	(1)  In order to expedite and provide a timely review for
575	the certification of economic development incentive
576	applications, Enterprise Florida, Inc., shall review each
577	submitted application and inform the applicant business whether
578	or not its application is complete within 10 working days. Once
579	the application is deemed complete, Enterprise Florida, Inc.,
580	has 10 working days to evaluate the application and recommend
581	approval or disapproval of the application to the director of
582	the Office of Tourism, Trade, and Economic Development. In
583	recommending an applicant business for approval, Enterprise
584	Florida, Inc., shall include in its evaluation a recommended
585	grant award amount and a review of the applicant's ability to
586	meet specific program criteria.
587	(2)  Upon receipt of the evaluation and recommendation of
588	Enterprise Florida, Inc., the Office of Tourism, Trade, and
589	Economic Development has 10 calendar days to notify Enterprise
590	Florida, Inc., if the application is not complete. The director
591	has 35 calendar days from the time the recommendation was
592	received from Enterprise Florida, Inc., to review the
593	application and issue a letter of certification to the applicant
594	that either approves or disapproves an applicant business that
595	includes justification, unless the business requests an
596	extension of the time. The final order shall specify the total
597	amount of the award, the performance conditions that must be met
598	to obtain the award, and the schedule for payment.
599	Section 10.  Subsection (4) of section 288.063, Florida
600	Statutes, is amended to read:
601	288.063  Contracts for transportation projects.--
602	(4)  The Office of Tourism, Trade, and Economic Development
603	may adopt criteria by which transportation projects are to be
604	reviewed and certified in accordance with s. 288.061 specified
605	and identified. In approving transportation projects for
606	funding, the Office of Tourism, Trade, and Economic Development
607	shall consider factors including, but not limited to, the cost
608	per job created or retained considering the amount of
609	transportation funds requested; the average hourly rate of wages
610	for jobs created; the reliance on the program as an inducement
611	for the project's location decision; the amount of capital
612	investment to be made by the business; the demonstrated local
613	commitment; the location of the project in an enterprise zone
614	designated pursuant to s. 290.0055; the location of the project
615	in a spaceport territory as defined in s. 331.304; the
616	unemployment rate of the surrounding area; the poverty rate of
617	the community; and the adoption of an economic element as part
618	of its local comprehensive plan in accordance with s.
619	163.3177(7)(j). The Office of Tourism, Trade, and Economic
620	Development may contact any agency it deems appropriate for
621	additional input regarding the approval of projects.
622	Section 11.  Subsection (2) of section 288.065, Florida
623	Statutes, is amended to read:
624	288.065  Rural Community Development Revolving Loan Fund.--
625	(2)  The program shall provide for long-term loans, loan
626	guarantees, and loan loss reserves to units of local
627	governments, or economic development organizations substantially
628	underwritten by a unit of local government, within counties with
629	populations of 75,000 or less, or any county that has a
630	population of 120,000 100,000 or less and is contiguous to a
631	county with a population of 75,000 or less, as determined by the
632	most recent official estimate pursuant to s. 186.901, residing
633	in incorporated and unincorporated areas of the county, or to
634	units of local government, or economic development organizations
635	substantially underwritten by a unit of local government, within
636	a rural area of critical economic concern. Requests for loans
637	shall be made by application to the Office of Tourism, Trade,
638	and Economic Development. Loans shall be made pursuant to
639	agreements specifying the terms and conditions agreed to between
640	the applicant and the Office of Tourism, Trade, and Economic
641	Development. The loans shall be the legal obligations of the
642	applicant. All repayments of principal and interest shall be
643	returned to the loan fund and made available for loans to other
644	applicants. However, in a rural area of critical economic
645	concern designated by the Governor, and upon approval by the
646	Office of Tourism, Trade, and Economic Development, repayments
647	of principal and interest may be retained by the applicant if
648	such repayments are dedicated and matched to fund regionally
649	based economic development organizations representing the rural
650	area of critical economic concern.
651	Section 12.  Paragraphs (b) and (e) of subsection (2) and
652	subsection (3) of section 288.0655, Florida Statutes, are
653	amended to read:
654	288.0655  Rural Infrastructure Fund.--
655	(2)
656	(b)  To facilitate access of rural communities and rural
657	areas of critical economic concern as defined by the Rural
658	Economic Development Initiative to infrastructure funding
659	programs of the Federal Government, such as those offered by the
660	United States Department of Agriculture and the United States
661	Department of Commerce, and state programs, including those
662	offered by Rural Economic Development Initiative agencies, and
663	to facilitate local government or private infrastructure funding
664	efforts, the office may award grants for up to 30 percent of the
665	total infrastructure project cost. If an application for funding
666	is for a catalyst site, as defined in s. 288.0656, the office
667	may award grants for up to 40 percent of the total
668	infrastructure project cost. Eligible projects must be related
669	to specific job-creation or job-retention opportunities.
670	Eligible projects may also include improving any inadequate
671	infrastructure that has resulted in regulatory action that
672	prohibits economic or community growth or reducing the costs to
673	community users of proposed infrastructure improvements that
674	exceed such costs in comparable communities. Eligible uses of
675	funds shall include improvements to public infrastructure for
676	industrial or commercial sites and upgrades to or development of
677	public tourism infrastructure. Authorized infrastructure may
678	include the following public or public-private partnership
679	facilities: storm water systems; telecommunications facilities;
680	broadband; roads or other remedies to transportation
681	impediments; nature-based tourism facilities; or other physical
682	requirements necessary to facilitate tourism, trade, and
683	economic development activities in the community. Authorized
684	infrastructure may also include publicly or privately owned:
685	self-powered nature-based tourism facilities;
686	telecommunications; broadband; and additions to the distribution
687	facilities of the existing natural gas utility as defined in s.
688	366.04(3)(c), the existing electric utility as defined in s.
689	366.02, or the existing water or wastewater utility as defined
690	in s. 367.021(12), or any other existing water or wastewater
691	facility, which owns a gas or electric distribution system or a
692	water or wastewater system in this state where:
693	1.  A contribution-in-aid of construction is required to
694	serve public or public-private partnership facilities under the
695	tariffs of any natural gas, electric, water, or wastewater
696	utility as defined herein; and
697	2.  Such utilities as defined herein are willing and able
698	to provide such service.
699	(e)  To enable local governments to access the resources
700	available pursuant to s. 403.973(19), the office may award
701	grants for surveys, feasibility studies, and other activities
702	related to the identification and preclearance review of land
703	which is suitable for preclearance review. Authorized grants
704	under this paragraph shall not exceed $75,000 each, except in
705	the case of a project in a rural area of critical economic
706	concern, in which case the grant shall not exceed $300,000. Any
707	funds awarded under this paragraph must be matched at a level of
708	50 percent with local funds, except that any funds awarded for a
709	project in a rural area of critical economic concern must be
710	matched at a level of 33 percent with local funds. If an
711	application for funding is for a catalyst site, as defined in s.
712	288.0656, the requirement for local match may be waived. In
713	evaluating applications under this paragraph, the office shall
714	consider the extent to which the application seeks to minimize
715	administrative and consultant expenses.
716	(3)  The office, in consultation with Enterprise Florida,
717	Inc., VISIT Florida, the Department of Environmental Protection,
718	and the Florida Fish and Wildlife Conservation Commission, as
719	appropriate, shall review and certify applications pursuant to
720	s. 288.061. The review shall include an evaluation of and
721	evaluate the economic benefit of the projects and their long-
722	term viability. The office shall have final approval for any
723	grant under this section and must make a grant decision within
724	30 days of receiving a completed application.
725	Section 13.  Section 288.0656, Florida Statutes, is amended
726	to read:
727	288.0656  Rural Economic Development Initiative.--
728	(1)(a)  Recognizing that rural communities and regions
729	continue to face extraordinary challenges in their efforts to
730	achieve significant improvements to their economies,
731	specifically in terms of personal income, job creation, average
732	wages, and strong tax bases, it is the intent of the Legislature
733	to encourage and facilitate the location and expansion in such
734	rural communities of major economic development projects of
735	significant scale.
736	(b)  The Rural Economic Development Initiative, known as
737	"REDI," is created within the Office of Tourism, Trade, and
738	Economic Development, and the participation of state and
739	regional agencies in this initiative is authorized.
740	(2)  As used in this section, the term:
741	(a)  "Catalyst project" means a business locating or
742	expanding in a rural area of critical economic concern to serve
743	as an economic growth opportunity of regional significance for
744	the growth of a regional target industry cluster. The project
745	must provide capital investment on a scale significant enough to
746	affect the entire region and result in the development of high-
747	wage and high-skill jobs.
748	(b)  "Catalyst site" means a parcel or parcel of lands
749	within a rural area of critical economic concern that has been
750	prioritized as a geographic site for economic development
751	through partnerships with state, regional, and local
752	organizations. The site must be reviewed by REDI and approved by
753	the Office of Tourism, Trade, and Economic Development for
754	purposes of locating a catalyst project.
755	(c)(a)  "Economic distress" means conditions affecting the
756	fiscal and economic viability of a rural community, including
757	such factors as low per capita income, low per capita taxable
758	values, high unemployment, high underemployment, low weekly
759	earned wages compared to the state average, low housing values
760	compared to the state average, high percentages of the
761	population receiving public assistance, high poverty levels
762	compared to the state average, and a lack of year-round stable
763	employment opportunities.
764	(d)  "Rural area of critical economic concern" means a
765	rural community, or a region composed of rural communities,
766	designated by the Governor, that has been adversely affected by
767	an extraordinary economic event, severe or chronic distress, or
768	a natural disaster or that presents a unique economic
769	development opportunity of regional impact.
770	(e)(b)  "Rural community" means:
771	1.  A county with a population of 75,000 or less.
772	2.  A county with a population of 120,000 100,000 or less
773	that is contiguous to a county with a population of 75,000 or
774	less.
775	3.  A municipality within a county described in
776	subparagraph 1. or subparagraph 2.
777	4.  An unincorporated federal enterprise community or an
778	incorporated rural city with a population of 25,000 or less and
779	an employment base focused on traditional agricultural or
780	resource-based industries, located in a county not defined as
781	rural, which has at least three or more of the economic distress
782	factors identified in paragraph (a) and verified by the Office
783	of Tourism, Trade, and Economic Development.
784
785	For purposes of this paragraph, population shall be determined
786	in accordance with the most recent official estimate pursuant to
787	s. 186.901.
788	(3)  REDI shall be responsible for coordinating and
789	focusing the efforts and resources of state and regional
790	agencies on the problems which affect the fiscal, economic, and
791	community viability of Florida's economically distressed rural
792	communities, working with local governments, community-based
793	organizations, and private organizations that have an interest
794	in the growth and development of these communities to find ways
795	to balance environmental and growth management issues with local
796	needs.
797	(4)  REDI shall review and evaluate the impact of statutes
798	and rules on rural communities and shall work to minimize any
799	adverse impact and undertake outreach and capacity building
800	efforts.
801	(5)  REDI shall facilitate better access to state resources
802	by promoting direct access and referrals to appropriate state
803	and regional agencies and statewide organizations. REDI may
804	undertake outreach, capacity-building, and other advocacy
805	efforts to improve conditions in rural communities. These
806	activities may include sponsorship of conferences and
807	achievement awards.
808	(6)(a)  By August 1 of each year, the head of each of the
809	following agencies and organizations shall designate a high-
810	level staff person from within the agency or organization to
811	serve as the REDI representative for the agency or organization:
812	1.  The Department of Community Affairs.
813	2.  The Department of Transportation.
814	3.  The Department of Environmental Protection.
815	4.  The Department of Agriculture and Consumer Services.
816	5.  The Department of State.
817	6.  The Department of Health.
818	7.  The Department of Children and Family Services.
819	8.  The Department of Corrections.
820	9.  The Agency for Workforce Innovation.
821	10.  The Department of Education.
822	11.  The Department of Juvenile Justice.
823	12.  The Fish and Wildlife Conservation Commission.
824	13.  Each water management district.
825	14.  Enterprise Florida, Inc.
826	15.  Workforce Florida, Inc.
827	16.  The Florida Commission on Tourism or VISIT Florida.
828	17.  The Florida Regional Planning Council Association.
829	18.  The Agency for Health Care Administration Florida
830	State Rural Development Council.
831	19.  The Institute of Food and Agricultural Sciences
832	(IFAS).
833
834	An alternate for each designee shall also be chosen, and the
835	names of the designees and alternates shall be sent to the
836	director of the Office of Tourism, Trade, and Economic
837	Development.
838	(b)  Each REDI representative must have comprehensive
839	knowledge of his or her agency's functions, both regulatory and
840	service in nature, and of the state's economic goals, policies,
841	and programs. This person shall be the primary point of contact
842	for his or her agency with REDI on issues and projects relating
843	to economically distressed rural communities and with regard to
844	expediting project review, shall ensure a prompt effective
845	response to problems arising with regard to rural issues, and
846	shall work closely with the other REDI representatives in the
847	identification of opportunities for preferential awards of
848	program funds and allowances and waiver of program requirements
849	when necessary to encourage and facilitate long-term private
850	capital investment and job creation.
851	(c)  The REDI representatives shall work with REDI in the
852	review and evaluation of statutes and rules for adverse impact
853	on rural communities and the development of alternative
854	proposals to mitigate that impact.
855	(d)  Each REDI representative shall be responsible for
856	ensuring that each district office or facility of his or her
857	agency is informed about the Rural Economic Development
858	Initiative and for providing assistance throughout the agency in
859	the implementation of REDI activities.
860	(7)(a)  REDI may recommend to the Governor up to three
861	rural areas of critical economic concern. A rural area of
862	critical economic concern must be a rural community, or a region
863	composed of such, that has been adversely affected by an
864	extraordinary economic event or a natural disaster or that
865	presents a unique economic development opportunity of regional
866	impact that will create more than 1,000 jobs over a 5-year
867	period. The Governor may by executive order designate up to
868	three rural areas of critical economic concern which will
869	establish these areas as priority assignments for REDI as well
870	as to allow the Governor, acting through REDI, to waive
871	criteria, requirements, or similar provisions of any economic
872	development incentive. Such incentives shall include, but not be
873	limited to: the Qualified Target Industry Tax Refund Program
874	under s. 288.106, the Quick Response Training Program under s.
875	288.047, the Quick Response Training Program for participants in
876	the welfare transition program under s. 288.047(8),
877	transportation projects under s. 288.063, the brownfield
878	redevelopment bonus refund under s. 288.107, and the rural job
879	tax credit program under ss. 212.098 and 220.1895.
880	(b)  Designation as a rural area of critical economic
881	concern under this subsection shall be contingent upon the
882	execution of a memorandum of agreement among the Office of
883	Tourism, Trade, and Economic Development; the governing body of
884	the county; and the governing bodies of any municipalities to be
885	included within a rural area of critical economic concern. Such
886	agreement shall specify the terms and conditions of the
887	designation, including, but not limited to, the duties and
888	responsibilities of the county and any participating
889	municipalities to take actions designed to facilitate the
890	retention and expansion of existing businesses in the area, as
891	well as the recruitment of new businesses to the area.
892	(c)  Each rural area of critical economic concern may
893	designate catalyst projects, provided that each catalyst project
894	is specifically recommended by REDI, identified as a catalyst
895	project by Enterprise Florida, Inc., and confirmed as a catalyst
896	project by the Office of Tourism, Trade, and Economic
897	Development. All state agencies and departments shall use all
898	available tools and resources to the extent permissible by law
899	to promote the creation and development of each catalyst project
900	and the development of catalyst sites.
901	(8)  REDI shall assist local governments within rural areas
902	of critical economic concern with comprehensive planning needs
903	with efforts that further the provisions of this section. Such
904	assistance shall reflect a multidisciplinary approach among all
905	agencies and shall include economic development and planning
906	objectives.
907	(a)  A local government may request assistance in the
908	preparation of comprehensive plan amendments, pursuant to part
909	II of chapter 163, that will stimulate economic activity.
910	1.  The local government must contact the Office of
911	Tourism, Trade, and Economic Development to request assistance.
912	2.  REDI representatives shall meet with the local
913	government within 15 days after such request to develop the
914	scope of assistance that will be provided to assist the
915	development, transmittal, and adoption of the proposed
916	comprehensive plan amendment.
917	3.  As part of the assistance provided, REDI
918	representatives shall also identify other needed local and
919	developer actions for approval of the project and recommend a
920	timeline for the local government and developer that will
921	minimize project delays.
922	(b)  In addition, REDI shall solicit requests each year for
923	assistance from local governments within a rural area of
924	critical economic concern to update the future land use element
925	and other associated elements of the local government's
926	comprehensive plan to better position the community to respond
927	to economic development potential within the county or
928	municipality. REDI shall provide direct assistance to such local
929	governments to update their comprehensive plans pursuant to this
930	paragraph. At least one comprehensive planning technical
931	assistance effort shall be selected each year.
932	(c)  REDI shall develop and annually update a technical
933	assistance manual based upon experiences learned in providing
934	direct assistance under this subsection.
935	(9)(8)  REDI shall submit a report to the Governor, the
936	President of the Senate, and the Speaker of the House of
937	Representatives each year on or before September February 1 on
938	all REDI activities for the prior fiscal year. This report shall
939	include a status report on all projects currently being
940	coordinated through REDI, the number of preferential awards and
941	allowances made pursuant to this section, the dollar amount of
942	such awards, and the names of the recipients. The report shall
943	also include a description of all waivers of program
944	requirements granted. The report shall also include information
945	as to the economic impact of the projects coordinated by REDI.
946	Section 14.  Subsection (1) of section 288.0657, Florida
947	Statutes, is amended to read:
948	288.0657  Florida rural economic development strategy
949	grants.--
950	(1)  As used in this section, the term "rural community"
951	means:
952	(a)  A county with a population of 75,000 or less.
953	(b)  A county with a population of 120,000 100,000 or less
954	that is contiguous to a county with a population of 75,000 or
955	less.
956	(c)  A municipality within a county described in paragraph
957	(a) or paragraph (b).
958
959	For purposes of this subsection, population shall be determined
960	in accordance with the most recent official estimate pursuant to
961	s. 186.901.
962	Section 15.  Paragraphs (b), (c), and (f) of subsection
963	(2), paragraphs (b), (c), (d), (g), and (h) of subsection (3),
964	paragraph (c) of subsection (5), paragraphs (d) and (e) of
965	subsection (6), and subsection (8) of section 288.1045, Florida
966	Statutes, are amended to read:
967	288.1045  Qualified defense contractor tax refund
968	program.--
969	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
970	(b)  Upon approval by the director, a qualified defense
971	contractor business shall be allowed tax refund payments equal
972	to $3,000 times the number of jobs specified in the tax refund
973	agreement under subparagraph (4)(a)1. or equal to $6,000 times
974	the number of jobs if the project is located in a rural county
975	or an enterprise zone. Further, a qualified defense contractor
976	business shall be allowed additional tax refund payments equal
977	to $1,000 times the number of jobs specified in the tax refund
978	agreement under subparagraph (4)(a)1. if such jobs pay an annual
979	average wage of at least 150 percent of the average private
980	sector wage in the area or equal to $2,000 times the number of
981	jobs if such jobs pay an annual average wage of at least 200
982	percent of the average private sector wage in the area A
983	qualified applicant may not be qualified for any project to
984	receive more than $5,000 times the number of jobs provided in
985	the tax refund agreement pursuant to subparagraph (4)(a)1. A
986	qualified applicant may not receive refunds of more than 25
987	percent of the total tax refunds provided in the tax refund
988	agreement pursuant to subparagraph (4)(a)1. in any fiscal year,
989	provided that no qualified applicant may receive more than $2.5
990	million in tax refunds pursuant to this section in any fiscal
991	year.
992	(c)  A qualified applicant may not receive more than $5
993	$7.5 million in tax refunds pursuant to this section in all
994	fiscal years.
995	(f)  After entering into a tax refund agreement pursuant to
996	subsection (4), a qualified applicant may:
997	1.  Receive refunds from the account for corporate income
998	taxes due and paid pursuant to chapter 220 by that business
999	beginning with the first taxable year of the business which
1000	begins after entering into the agreement.
1001	2.  Receive funds from the General Revenue Fund and the
1002	Economic Development Trust Fund for the following taxes due and
1003	paid by that business the qualified applicant beginning with the
1004	applicant's first taxable year that begins after entering into
1005	the agreement:
1006	a.1.  Taxes on sales, use, and other transactions paid
1007	pursuant to chapter 212.
1008	2.  Corporate income taxes paid pursuant to chapter 220.
1009	b.3.  Intangible personal property taxes paid pursuant to
1010	chapter 199.
1011	c.4.  Emergency excise taxes paid pursuant to chapter 221.
1012	d.5.  Excise taxes paid on documents pursuant to chapter
1013	201.
1014	e.6.  Ad valorem taxes paid, as defined in s. 220.03(1)(a)
1015	on June 1, 1996.
1016	f.7.  State communications services taxes administered
1017	under chapter 202. This provision does not apply to the gross
1018	receipts tax imposed under chapter 203 and administered under
1019	chapter 202 or the local communications services tax authorized
1020	under s. 202.19.
1021
1022	However, a qualified applicant may not receive a tax refund
1023	pursuant to this section for any amount of credit, refund, or
1024	exemption granted such contractor for any of such taxes. If a
1025	refund for such taxes is provided by the office, which taxes are
1026	subsequently adjusted by the application of any credit, refund,
1027	or exemption granted to the qualified applicant other than that
1028	provided in this section, the qualified applicant shall
1029	reimburse the Economic Development Trust Fund for the amount of
1030	such credit, refund, or exemption. A qualified applicant must
1031	notify and tender payment to the office within 20 days after
1032	receiving a credit, refund, or exemption, other than that
1033	provided in this section. The addition of communications
1034	services taxes administered under chapter 202 is remedial in
1035	nature and retroactive to October 1, 2001. The office may make
1036	supplemental tax refund payments to allow for tax refunds for
1037	communications services taxes paid by an eligible qualified
1038	defense contractor after October 1, 2001.
1039	(3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY
1040	DETERMINATION.--
1041	(b)  Applications for certification based on the
1042	consolidation of a Department of Defense contract or a new
1043	Department of Defense contract must be submitted to the office
1044	as prescribed by the office and must include, but are not
1045	limited to, the following information:
1046	1.  The applicant's federal employer identification number,
1047	the applicant's Florida sales tax registration number, and a
1048	notarized signature of an officer of the applicant.
1049	2.  The permanent location of the manufacturing,
1050	assembling, fabricating, research, development, or design
1051	facility in this state at which the project is or is to be
1052	located.
1053	3.  The Department of Defense contract numbers of the
1054	contract to be consolidated, the new Department of Defense
1055	contract number, or the "RFP" number of a proposed Department of
1056	Defense contract.
1057	4.  The date the contract was executed or is expected to be
1058	executed, and the date the contract is due to expire or is
1059	expected to expire.
1060	5.  The commencement date for project operations under the
1061	contract in this state.
1062	6.  The number of net new full-time equivalent Florida jobs
1063	included in the project as of December 31 of each year and the
1064	average wage of such jobs.
1065	7.  The total number of full-time equivalent employees
1066	employed by the applicant in this state.
1067	8.  The percentage of the applicant's gross receipts
1068	derived from Department of Defense contracts during the 5
1069	taxable years immediately preceding the date the application is
1070	submitted.
1071	9.  The number of full-time equivalent jobs in this state
1072	to be retained by the project.
1073	10.  The estimated amount of tax refunds to be claimed for
1074	each fiscal year.
1075	10.11.  A brief statement concerning the applicant's need
1076	for tax refunds, and the proposed uses of such refunds by the
1077	applicant.
1078	11.12.  A resolution adopted by the governing board county
1079	commissioners of the county or municipality in which the project
1080	will be located, which recommends the applicant be approved as a
1081	qualified applicant, and which indicates that the necessary
1082	commitments of local financial support for the applicant exist.
1083	Prior to the adoption of the resolution, the county commission
1084	may review the proposed public or private sources of such
1085	support and determine whether the proposed sources of local
1086	financial support can be provided or, for any applicant whose
1087	project is located in a county designated by the Rural Economic
1088	Development Initiative, a resolution adopted by the county
1089	commissioners of such county requesting that the applicant's
1090	project be exempt from the local financial support requirement.
1091	12.13.  Any additional information requested by the office.
1092	(c)  Applications for certification based on the conversion
1093	of defense production jobs to nondefense production jobs must be
1094	submitted to the office as prescribed by the office and must
1095	include, but are not limited to, the following information:
1096	1.  The applicant's federal employer identification number,
1097	the applicant's Florida sales tax registration number, and a
1098	notarized signature of an officer of the applicant.
1099	2.  The permanent location of the manufacturing,
1100	assembling, fabricating, research, development, or design
1101	facility in this state at which the project is or is to be
1102	located.
1103	3.  The Department of Defense contract numbers of the
1104	contract under which the defense production jobs will be
1105	converted to nondefense production jobs.
1106	4.  The date the contract was executed, and the date the
1107	contract is due to expire or is expected to expire, or was
1108	canceled.
1109	5.  The commencement date for the nondefense production
1110	operations in this state.
1111	6.  The number of net new full-time equivalent Florida jobs
1112	included in the nondefense production project as of December 31
1113	of each year and the average wage of such jobs.
1114	7.  The total number of full-time equivalent employees
1115	employed by the applicant in this state.
1116	8.  The percentage of the applicant's gross receipts
1117	derived from Department of Defense contracts during the 5
1118	taxable years immediately preceding the date the application is
1119	submitted.
1120	9.  The number of full-time equivalent jobs in this state
1121	to be retained by the project.
1122	10.  The estimated amount of tax refunds to be claimed for
1123	each fiscal year.
1124	10.11.  A brief statement concerning the applicant's need
1125	for tax refunds, and the proposed uses of such refunds by the
1126	applicant.
1127	11.12.  A resolution adopted by the governing board county
1128	commissioners of the county or municipality in which the project
1129	will be located, which recommends the applicant be approved as a
1130	qualified applicant, and which indicates that the necessary
1131	commitments of local financial support for the applicant exist.
1132	Prior to the adoption of the resolution, the county commission
1133	may review the proposed public or private sources of such
1134	support and determine whether the proposed sources of local
1135	financial support can be provided or, for any applicant whose
1136	project is located in a county designated by the Rural Economic
1137	Development Initiative, a resolution adopted by the county
1138	commissioners of such county requesting that the applicant's
1139	project be exempt from the local financial support requirement.
1140	12.13.  Any additional information requested by the office.
1141	(d)  Applications for certification based on a contract for
1142	reuse of a defense-related facility must be submitted to the
1143	office as prescribed by the office and must include, but are not
1144	limited to, the following information:
1145	1.  The applicant's Florida sales tax registration number
1146	and a notarized signature of an officer of the applicant.
1147	2.  The permanent location of the manufacturing,
1148	assembling, fabricating, research, development, or design
1149	facility in this state at which the project is or is to be
1150	located.
1151	3.  The business entity holding a valid Department of
1152	Defense contract or branch of the Armed Forces of the United
1153	States that previously occupied the facility, and the date such
1154	entity last occupied the facility.
1155	4.  A copy of the contract to reuse the facility, or such
1156	alternative proof as may be prescribed by the office that the
1157	applicant is seeking to contract for the reuse of such facility.
1158	5.  The date the contract to reuse the facility was
1159	executed or is expected to be executed, and the date the
1160	contract is due to expire or is expected to expire.
1161	6.  The commencement date for project operations under the
1162	contract in this state.
1163	7.  The number of net new full-time equivalent Florida jobs
1164	included in the project as of December 31 of each year and the
1165	average wage of such jobs.
1166	8.  The total number of full-time equivalent employees
1167	employed by the applicant in this state.
1168	9.  The number of full-time equivalent jobs in this state
1169	to be retained by the project.
1170	10.  The estimated amount of tax refunds to be claimed for
1171	each fiscal year.
1172	10.11.  A brief statement concerning the applicant's need
1173	for tax refunds, and the proposed uses of such refunds by the
1174	applicant.
1175	11.12.  A resolution adopted by the governing board county
1176	commissioners of the county or municipality in which the project
1177	will be located, which recommends the applicant be approved as a
1178	qualified applicant, and which indicates that the necessary
1179	commitments of local financial support for the applicant exist.
1180	Prior to the adoption of the resolution, the county commission
1181	may review the proposed public or private sources of such
1182	support and determine whether the proposed sources of local
1183	financial support can be provided or, for any applicant whose
1184	project is located in a county designated by the Rural Economic
1185	Development Initiative, a resolution adopted by the county
1186	commissioners of such county requesting that the applicant's
1187	project be exempt from the local financial support requirement.
1188	12.13.  Any additional information requested by the office.
1189	(g)  Applications shall be reviewed and certified pursuant
1190	to s. 288.061. If appropriate, the director shall enter into a
1191	written agreement with the qualified applicant pursuant to
1192	subsection (4). The office shall forward its written findings
1193	and evaluation on each application meeting the requirements of
1194	paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs
1195	(d) and (e) to the director within 60 calendar days after
1196	receipt of a complete application. The office shall notify each
1197	applicant when its application is complete, and when the 60-day
1198	period begins. In its written report to the director, the office
1199	shall specifically address each of the factors specified in
1200	paragraph (f), and shall make a specific assessment with respect
1201	to the minimum requirements established in paragraph (e). The
1202	office shall include in its report projections of the tax
1203	refunds the applicant would be eligible to receive in each
1204	fiscal year based on the creation and maintenance of the net new
1205	Florida jobs specified in subparagraph (b)6., subparagraph
1206	(c)6., or subparagraph (d)7. as of December 31 of the preceding
1207	state fiscal year.
1208	(h)  Within 30 days after receipt of the office's findings
1209	and evaluation, the director shall issue a letter of
1210	certification which either approves or disapproves an
1211	application. The decision must be in writing and provide the
1212	justifications for either approval or disapproval. If
1213	appropriate, the director shall enter into a written agreement
1214	with the qualified applicant pursuant to subsection (4).
1215	(5)  ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE
1216	CONTRACTOR.--
1217	(c)  A tax refund may not be approved for any qualified
1218	applicant unless local financial support has been paid to the
1219	Economic Development Trust Fund for that refund. If the local
1220	financial support is less than 20 percent of the approved tax
1221	refund, the tax refund shall be reduced. The tax refund paid may
1222	not exceed 5 times the local financial support received. Funding
1223	from local sources includes tax abatement under s. 196.1995 or
1224	the appraised market value of municipal or county land,
1225	including any improvements or structures, conveyed or provided
1226	at a discount through a sale or lease to that provided to a
1227	qualified applicant. The amount of any tax refund for an
1228	applicant approved under this section shall be reduced by the
1229	amount of any such tax abatement granted or the value of the
1230	land granted, including the value of any improvements or
1231	structures;, and the limitations in subsection (2) and paragraph
1232	(3)(h) shall be reduced by the amount of any such tax abatement
1233	or the value of the land granted, including any improvements or
1234	structures. A report listing all sources of the local financial
1235	support shall be provided to the office when such support is
1236	paid to the Economic Development Trust Fund.
1237	(6)  ADMINISTRATION.--
1238	(d)  By December 1 of each year, the office shall submit a
1239	complete and detailed report to the Governor, the President of
1240	the Senate, and the Speaker of the House of Representatives of
1241	all tax refunds paid under this section, including analyses of
1242	benefits and costs, types of projects supported, employment and
1243	investment created, geographic distribution of tax refunds
1244	granted, and minority business participation. The report must
1245	indicate whether the moneys appropriated by the Legislature to
1246	the qualified applicant tax refund program were expended in a
1247	prudent, fiducially sound manner.
1248	(d)(e)  Funds specifically appropriated for the tax refund
1249	program under this section may not be used for any purpose other
1250	than the payment of tax refunds authorized by this section.
1251	(8)  EXPIRATION.--An applicant may not be certified as
1252	qualified under this section after June 30, 2014 2010. A tax
1253	refund agreement existing on that date shall continue in effect
1254	in accordance with its terms.
1255	Section 16.  Section 288.106, Florida Statutes, is amended
1256	to read:
1257	288.106  Tax refund program for qualified target industry
1258	businesses.--
1259	(1)  DEFINITIONS.--As used in this section:
1260	(a)  "Account" means the Economic Development Incentives
1261	Account within the Economic Development Trust Fund established
1262	under s. 288.095.
1263	(b)  "Average private sector wage in the area" means the
1264	statewide private sector average wage or the average of all
1265	private sector wages and salaries in the county or in the
1266	standard metropolitan area in which the business is located.
1267	(c)  "Business" means an employing unit, as defined in s.
1268	443.036, which is registered for unemployment compensation
1269	purposes with the state agency providing unemployment tax
1270	collection services under contract with the Agency for Workforce
1271	Innovation through an interagency agreement pursuant to s.
1272	443.1316, or a subcategory or division of an employing unit
1273	which is accepted by the state agency providing unemployment tax
1274	collection services as a reporting unit.
1275	(d)  "Corporate headquarters business" means an
1276	international, national, or regional headquarters office of a
1277	multinational or multistate business enterprise or national
1278	trade association, whether separate from or connected with other
1279	facilities used by such business.
1280	(e)  "Office" means the Office of Tourism, Trade, and
1281	Economic Development.
1282	(f)  "Enterprise zone" means an area designated as an
1283	enterprise zone pursuant to s. 290.0065.
1284	(g)  "Expansion of an existing business" means the
1285	expansion of an existing Florida business by or through
1286	additions to real and personal property, resulting in a net
1287	increase in employment of not less than 10 percent at such
1288	business.
1289	(h)  "Fiscal year" means the fiscal year of the state.
1290	(i)  "Jobs" means full-time equivalent positions, as that
1291	term is consistent with terms used by the Agency for Workforce
1292	Innovation and the United States Department of Labor for
1293	purposes of unemployment compensation tax administration and
1294	employment estimation, resulting directly from a project in this
1295	state. The term does not include temporary construction jobs
1296	involved with the construction of facilities for the project or
1297	any jobs previously included in any application for tax refunds
1298	under s. 288.1045 or this section.
1299	(j)  "Local financial support" means funding from local
1300	sources, public or private, which is paid to the Economic
1301	Development Trust Fund and which is equal to 20 percent of the
1302	annual tax refund for a qualified target industry business. A
1303	qualified target industry business may not provide, directly or
1304	indirectly, more than 5 percent of such funding in any fiscal
1305	year. The sources of such funding may not include, directly or
1306	indirectly, state funds appropriated from the General Revenue
1307	Fund or any state trust fund, excluding tax revenues shared with
1308	local governments pursuant to law.
1309	(k)  "Local financial support exemption option" means the
1310	option to exercise an exemption from the local financial support
1311	requirement available to any applicant whose project is located
1312	in a brownfield area or a county with a population of 75,000 or
1313	fewer or a county with a population of 120,000 100,000 or fewer
1314	which is contiguous to a county with a population of 75,000 or
1315	fewer. Any applicant that exercises this option shall not be
1316	eligible for more than 80 percent of the total tax refunds
1317	allowed such applicant under this section.
1318	(l)  "New business" means a business which heretofore did
1319	not exist in this state, first beginning operations on a site
1320	located in this state and clearly separate from any other
1321	commercial or industrial operations owned by the same business.
1322	(m)  "Project" means the creation of a new business or
1323	expansion of an existing business.
1324	(n)  "Director" means the Director of the Office of
1325	Tourism, Trade, and Economic Development.
1326	(o)  "Target industry business" means a corporate
1327	headquarters business or any business that is engaged in one of
1328	the target industries identified pursuant to the following
1329	criteria developed by the office in consultation with Enterprise
1330	Florida, Inc.:
1331	1.  Future growth.--Industry forecasts should indicate
1332	strong expectation for future growth in both employment and
1333	output, according to the most recent available data. Special
1334	consideration should be given to Florida's growing access to
1335	international markets or to replacing imports.
1336	2.  Stability.--The industry should not be subject to
1337	periodic layoffs, whether due to seasonality or sensitivity to
1338	volatile economic variables such as weather. The industry should
1339	also be relatively resistant to recession, so that the demand
1340	for products of this industry is not necessarily subject to
1341	decline during an economic downturn.
1342	3.  High wage.--The industry should pay relatively high
1343	wages compared to statewide or area averages.
1344	4.  Market and resource independent.--The location of
1345	industry businesses should not be dependent on Florida markets
1346	or resources as indicated by industry analysis except when the
1347	product replaces an imported, nonrenewable energy fuel source or
1348	except when using a renewable resource in the production of
1349	alternative energy. Special consideration should be given to the
1350	development of strong industrial clusters which include defense
1351	and homeland security businesses.
1352	5.  Industrial base diversification and strengthening.--The
1353	industry should contribute toward expanding or diversifying the
1354	state's or area's economic base, as indicated by analysis of
1355	employment and output shares compared to national and regional
1356	trends. Special consideration should be given to industries that
1357	strengthen regional economies by adding value to basic products
1358	or building regional industrial clusters as indicated by
1359	industry analysis.
1360	6.  Economic benefits.--The industry should have strong
1361	positive impacts on or benefits to the state and regional
1362	economies.
1363
1364	The office, in consultation with Enterprise Florida, Inc., shall
1365	develop a list of such target industries annually and submit
1366	such list as part of the final agency legislative budget request
1367	submitted pursuant to s. 216.023(1). A target industry business
1368	may not include any industry engaged in retail activities; any
1369	electrical utility company; any phosphate or other solid
1370	minerals severance, mining, or processing operation; any oil or
1371	gas exploration or production operation except when the product
1372	replaces an imported, nonrenewable energy fuel source; or any
1373	firm subject to regulation by the Division of Hotels and
1374	Restaurants of the Department of Business and Professional
1375	Regulation.
1376	(p)  "Taxable year" means taxable year as defined in s.
1377	220.03(1)(y).
1378	(q)  "Qualified target industry business" means a target
1379	industry business that has been approved by the director to be
1380	eligible for tax refunds pursuant to this section.
1381	(r)  "Rural county" means a county with a population of
1382	75,000 or fewer or a county with a population of 120,000 100,000
1383	or fewer which is contiguous to a county with a population of
1384	75,000 or fewer.
1385	(s)  "Rural city" means a city with a population of 10,000
1386	or less, or a city with a population of greater than 10,000 but
1387	less than 20,000 which has been determined by the Office of
1388	Tourism, Trade, and Economic Development to have economic
1389	characteristics such as, but not limited to, a significant
1390	percentage of residents on public assistance, a significant
1391	percentage of residents with income below the poverty level, or
1392	a significant percentage of the city's employment base in
1393	agriculture-related industries.
1394	(t)  "Rural community" means:
1395	1.  A county with a population of 75,000 or less.
1396	2.  A county with a population of 120,000 100,000 or less
1397	that is contiguous to a county with a population of 75,000 or
1398	less.
1399	3.  A municipality within a county described in
1400	subparagraph 1. or subparagraph 2.
1401
1402	For purposes of this paragraph, population shall be determined
1403	in accordance with the most recent official estimate pursuant to
1404	s. 186.901.
1405	(u)  "Authorized local economic development agency" means
1406	any public or private entity, including those defined in s.
1407	288.075, authorized by a county or municipality to promote the
1408	general business or industrial interests of that county or
1409	municipality.
1410	(2)  TAX REFUND; ELIGIBLE AMOUNTS.--
1411	(a)  There shall be allowed, from the account, a refund to
1412	a qualified target industry business for the amount of eligible
1413	taxes certified by the director which were paid by such
1414	business. The total amount of refunds for all fiscal years for
1415	each qualified target industry business must be determined
1416	pursuant to subsection (3). The annual amount of a refund to a
1417	qualified target industry business must be determined pursuant
1418	to subsection (5).
1419	(b)  Upon approval by the director, a qualified target
1420	industry business shall be allowed tax refund payments equal to
1421	$3,000 times the number of jobs specified in the tax refund
1422	agreement under subparagraph (4)(a)1., or equal to $6,000 times
1423	the number of jobs if the project is located in a rural county
1424	or an enterprise zone. Further, a qualified target industry
1425	business shall be allowed additional tax refund payments equal
1426	to $1,000 times the number of jobs specified in the tax refund
1427	agreement under subparagraph (4)(a)1., if such jobs pay an
1428	annual average wage of at least 150 percent of the average
1429	private sector wage in the area, or equal to $2,000 times the
1430	number of jobs if such jobs pay an annual average wage of at
1431	least 200 percent of the average private sector wage in the
1432	area. A qualified target industry business may not receive
1433	refund payments of more than 25 percent of the total tax refunds
1434	specified in the tax refund agreement under subparagraph
1435	(4)(a)1. in any fiscal year. Further, a qualified target
1436	industry business may not receive more than $1.5 million in
1437	refunds under this section in any single fiscal year, or more
1438	than $2.5 million in any single fiscal year if the project is
1439	located in an enterprise zone. A qualified target industry may
1440	not receive more than $5 million in refund payments under this
1441	section in all fiscal years, or more than $7.5 million if the
1442	project is located in an enterprise zone. Funds made available
1443	pursuant to this section may not be expended in connection with
1444	the relocation of a business from one community to another
1445	community in this state unless the Office of Tourism, Trade, and
1446	Economic Development determines that without such relocation the
1447	business will move outside this state or determines that the
1448	business has a compelling economic rationale for the relocation
1449	and that the relocation will create additional jobs.
1450	(c)  After entering into a tax refund agreement under
1451	subsection (4), a qualified target industry business may:
1452	1.  Receive refunds from the account for the following
1453	taxes due and paid by that business beginning with the first
1454	taxable year of the business which begins after entering into
1455	the agreement:
1456	a.  Corporate income taxes under chapter 220.
1457	b.  Insurance premium tax under s. 624.509.
1458	2.  Receive refunds from the account for the following
1459	taxes due and paid by that business after entering into the
1460	agreement:
1461	a.  Taxes on sales, use, and other transactions under
1462	chapter 212.
1463	b.  Intangible personal property taxes under chapter 199.
1464	c.  Emergency excise taxes under chapter 221.
1465	d.  Excise taxes on documents under chapter 201.
1466	e.  Ad valorem taxes paid, as defined in s. 220.03(1).
1467	f.  State communications services taxes administered under
1468	chapter 202. This provision does not apply to the gross receipts
1469	tax imposed under chapter 203 and administered under chapter 202
1470	or the local communications services tax authorized under s.
1471	202.19.
1472
1473	The addition of state communications services taxes administered
1474	under chapter 202 is remedial in nature and retroactive to
1475	October 1, 2001. The office may make supplemental tax refund
1476	payments to allow for tax refunds for communications services
1477	taxes paid by an eligible qualified target industry business
1478	after October 1, 2001.
1479	(d)  However, a qualified target industry business may not
1480	receive a refund under this section for any amount of credit,
1481	refund, or exemption granted to that business for any of such
1482	taxes. If a refund for such taxes is provided by the office,
1483	which taxes are subsequently adjusted by the application of any
1484	credit, refund, or exemption granted to the qualified target
1485	industry business other than as provided in this section, the
1486	business shall reimburse the account for the amount of that
1487	credit, refund, or exemption. A qualified target industry
1488	business shall notify and tender payment to the office within 20
1489	days after receiving any credit, refund, or exemption other than
1490	one provided in this section.
1491	(e)  A qualified target industry business that fraudulently
1492	claims a refund under this section:
1493	1.  Is liable for repayment of the amount of the refund to
1494	the account, plus a mandatory penalty in the amount of 200
1495	percent of the tax refund which shall be deposited into the
1496	General Revenue Fund.
1497	2.  Is guilty of a felony of the third degree, punishable
1498	as provided in s. 775.082, s. 775.083, or s. 775.084.
1499	(3)  APPLICATION AND APPROVAL PROCESS.--
1500	(a)  To apply for certification as a qualified target
1501	industry business under this section, the business must file an
1502	application with the office before the business has made the
1503	decision to locate a new business in this state or before the
1504	business had made the decision to expand an existing business in
1505	this state. The application shall include, but is not limited
1506	to, the following information:
1507	1.  The applicant's federal employer identification number
1508	and the applicant's state sales tax registration number.
1509	2.  The permanent location of the applicant's facility in
1510	this state at which the project is or is to be located.
1511	3.  A description of the type of business activity or
1512	product covered by the project, including a minimum of a four-
1513	digit NAICS SIC codes for all activities included in the
1514	project.
1515	4.  The number of net new full-time equivalent Florida jobs
1516	at the qualified target industry business as of December 31 of
1517	each year included in the project and the average wage of those
1518	jobs. If more than one type of business activity or product is
1519	included in the project, the number of jobs and average wage for
1520	those jobs must be separately stated for each type of business
1521	activity or product.
1522	5.  The total number of full-time equivalent employees
1523	employed by the applicant in this state.
1524	6.  The anticipated commencement date of the project.
1525	7.  A brief statement concerning the role that the tax
1526	refunds requested will play in the decision of the applicant to
1527	locate or expand in this state.
1528	8.  An estimate of the proportion of the sales resulting
1529	from the project that will be made outside this state.
1530	9.  A resolution adopted by the governing board of the
1531	county or municipality in which the project will be located,
1532	which resolution recommends that certain types of businesses be
1533	approved as a qualified target industry business and states that
1534	the commitments of local financial support necessary for the
1535	target industry business exist. In advance of the passage of
1536	such resolution, the office may also accept an official letter
1537	from an authorized local economic development agency that
1538	endorses the proposed target industry project and pledges that
1539	sources of local financial support for such project exist. For
1540	the purposes of making pledges of local financial support under
1541	this subsection, the authorized local economic development
1542	agency shall be officially designated by the passage of a one-
1543	time resolution by the local governing authority.
1544	10.  Any additional information requested by the office.
1545	(b)  To qualify for review by the office, the application
1546	of a target industry business must, at a minimum, establish the
1547	following to the satisfaction of the office:
1548	1.  The jobs proposed to be provided under the application,
1549	pursuant to subparagraph (a)4., must pay an estimated annual
1550	average wage equaling at least 115 percent of the average
1551	private sector wage in the area where the business is to be
1552	located or the statewide private sector average wage. In
1553	determining the average annual wage, the office shall only
1554	include new proposed jobs, and wages for existing jobs shall be
1555	excluded from this calculation. The office may waive the this
1556	average wage requirement at the request of the local governing
1557	body recommending the project and Enterprise Florida, Inc. The
1558	wage requirement may only be waived for a project located in a
1559	brownfield area designated under s. 376.80 or in a rural city or
1560	county or in an enterprise zone and only when the merits of the
1561	individual project or the specific circumstances in the
1562	community in relationship to the project warrant such action. If
1563	the local governing body and Enterprise Florida, Inc., make such
1564	a recommendation, it must be transmitted in writing and the
1565	specific justification for the waiver recommendation must be
1566	explained. If the director elects to waive the wage requirement,
1567	the waiver must be stated in writing and the reasons for
1568	granting the waiver must be explained.
1569	2.  The target industry business's project must result in
1570	the creation of at least 10 jobs at such project and, if an
1571	expansion of an existing business, must result in a net increase
1572	in employment of at least not less than 10 percent at the such
1573	business. Notwithstanding the definition of the term "expansion
1574	of an existing business" in paragraph (1)(g), at the request of
1575	the local governing body recommending the project and Enterprise
1576	Florida, Inc., the office may define an "expansion of an
1577	existing business" in a rural community or an enterprise zone as
1578	the expansion of a business resulting in a net increase in
1579	employment of less than 10 percent at such business if the
1580	merits of the individual project or the specific circumstances
1581	in the community in relationship to the project warrant such
1582	action. If the local governing body and Enterprise Florida,
1583	Inc., make such a request, it must be transmitted in writing and
1584	the specific justification for the request must be explained. If
1585	the director elects to grant the such request, it such election
1586	must be stated in writing and the reason for granting the
1587	request must be explained.
1588	3.  The business activity or product for the applicant's
1589	project is within an industry or industries that have been
1590	identified by the office to be high-value-added industries that
1591	contribute to the area and to the economic growth of the state
1592	and that produce a higher standard of living for residents
1593	citizens of this state in the new global economy or that can be
1594	shown to make an equivalent contribution to the area and state's
1595	economic progress. The director must approve requests to waive
1596	the wage requirement for brownfield areas designated under s.
1597	376.80 unless it is demonstrated that such action is not in the
1598	public interest.
1599	(c)  Each application meeting the requirements of paragraph
1600	(b) must be submitted to the office for determination of
1601	eligibility. The office shall review and evaluate each
1602	application based on, but not limited to, the following
1603	criteria:
1604	1.  Expected contributions to the state strategic economic
1605	development plan adopted by Enterprise Florida, Inc., taking
1606	into account the long-term effects of the project and of the
1607	applicant on the state economy.
1608	2.  The economic benefit of the jobs created by the project
1609	in this state, taking into account the cost and average wage of
1610	each job created.
1611	3.  The amount of capital investment to be made by the
1612	applicant in this state.
1613	4.  The local commitment and support for the project.
1614	5.  The effect of the project on the local community,
1615	taking into account the unemployment rate for the county where
1616	the project will be located.
1617	6.  The effect of any tax refunds granted pursuant to this
1618	section on the viability of the project and the probability that
1619	the project will be undertaken in this state if such tax refunds
1620	are granted to the applicant, taking into account the expected
1621	long-term commitment of the applicant to economic growth and
1622	employment in this state.
1623	7.  The expected long-term commitment to this state
1624	resulting from the project.
1625	8.  A review of the business's past activities in this
1626	state or other states, including whether such business has been
1627	subjected to criminal or civil fines and penalties. Nothing in
1628	This subparagraph does not shall require the disclosure of
1629	confidential information.
1630	(d)  Applications shall be reviewed and certified pursuant
1631	to s. 288.061. The office shall forward its written findings and
1632	evaluation concerning each application meeting the requirements
1633	of paragraph (b) to the director within 45 calendar days after
1634	receipt of a complete application. The office shall notify each
1635	target industry business when its application is complete, and
1636	of the time when the 45-day period begins. In its written report
1637	to the director, the office shall specifically address each of
1638	the factors specified in paragraph (c) and shall make a specific
1639	assessment with respect to the minimum requirements established
1640	in paragraph (b). The office shall include in its review report
1641	projections of the tax refunds the business would be eligible to
1642	receive in each fiscal year based on the creation and
1643	maintenance of the net new Florida jobs specified in
1644	subparagraph (a)4. as of December 31 of the preceding state
1645	fiscal year. If appropriate, the director shall enter into a
1646	written agreement with the qualified target industry business
1647	pursuant to subsection (4).
1648	(e)1.  Within 30 days after receipt of the office's
1649	findings and evaluation, the director shall issue a letter of
1650	certification that either approves or disapproves the
1651	application of the target industry business. The decision must
1652	be in writing and must provide the justifications for approval
1653	or disapproval.
1654	2.  If appropriate, the director shall enter into a written
1655	agreement with the qualified target industry business pursuant
1656	to subsection (4).
1657	(e)(f)  The director may not certify any target industry
1658	business as a qualified target industry business if the value of
1659	tax refunds to be included in that letter of certification
1660	exceeds the available amount of authority to certify new
1661	businesses as determined in s. 288.095(3). However, if the
1662	commitments of local financial support represent less than 20
1663	percent of the eligible tax refund payments, or to otherwise
1664	preserve the viability and fiscal integrity of the program, the
1665	director may certify a qualified target industry business to
1666	receive tax refund payments of less than the allowable amounts
1667	specified in paragraph (2)(b). A letter of certification that
1668	approves an application must specify the maximum amount of tax
1669	refund that will be available to the qualified industry business
1670	in each fiscal year and the total amount of tax refunds that
1671	will be available to the business for all fiscal years.
1672	(f)(g)  Nothing in This section does not shall create a
1673	presumption that an applicant shall will receive any tax refunds
1674	under this section. However, the office may issue nonbinding
1675	opinion letters, upon the request of prospective applicants, as
1676	to the applicants' eligibility and the potential amount of
1677	refunds.
1678	(4)  TAX REFUND AGREEMENT.--
1679	(a)  Each qualified target industry business must enter
1680	into a written agreement with the office which specifies, at a
1681	minimum:
1682	1.  The total number of full-time equivalent jobs in this
1683	state that will be dedicated to the project, the average wage of
1684	those jobs, the definitions that will apply for measuring the
1685	achievement of these terms during the pendency of the agreement,
1686	and a time schedule or plan for when such jobs will be in place
1687	and active in this state.
1688	2.  The maximum amount of tax refunds which the qualified
1689	target industry business is eligible to receive on the project
1690	and the maximum amount of a tax refund that the qualified target
1691	industry business is eligible to receive for each fiscal year,
1692	based on the job creation and maintenance schedule specified in
1693	subparagraph 1.
1694	3.  That the office may review and verify the financial and
1695	personnel records of the qualified target industry business to
1696	ascertain whether that business is in compliance with this
1697	section.
1698	4.  The date by which, in each fiscal year, the qualified
1699	target industry business may file a claim under subsection (5)
1700	to be considered to receive a tax refund in the following fiscal
1701	year.
1702	5.  That local financial support will be annually available
1703	and will be paid to the account. The director may not enter into
1704	a written agreement with a qualified target industry business if
1705	the local financial support resolution is not passed by the
1706	local governing authority within 90 days after he or she has
1707	issued the letter of certification under subsection (3).
1708	(b)  Compliance with the terms and conditions of the
1709	agreement is a condition precedent for the receipt of a tax
1710	refund each year. The failure to comply with the terms and
1711	conditions of the tax refund agreement results in the loss of
1712	eligibility for receipt of all tax refunds previously authorized
1713	under this section and the revocation by the director of the
1714	certification of the business entity as a qualified target
1715	industry business, unless the business is eligible to receive
1716	and elects to accept a prorated refund under paragraph (5)(d) or
1717	the office grants the business an economic-stimulus exemption.
1718	1.  A qualified target industry business may submit, in
1719	writing, a request to the office for an economic-stimulus
1720	exemption. The request must provide quantitative evidence
1721	demonstrating how negative economic conditions in the business's
1722	industry, the effects of the impact of a named hurricane or
1723	tropical storm, or specific acts of terrorism affecting the
1724	qualified target industry business have prevented the business
1725	from complying with the terms and conditions of its tax refund
1726	agreement.
1727	2.  Upon receipt of a request under subparagraph 1., the
1728	director shall have 45 days to notify the requesting business,
1729	in writing, if its exemption has been granted or denied. In
1730	determining if an exemption should be granted, the director
1731	shall consider the extent to which negative economic conditions
1732	in the requesting business's industry have occurred in the state
1733	and, the effects of the impact of a named hurricane or tropical
1734	storm, or specific acts of terrorism affecting the qualified
1735	target industry business have prevented the business from
1736	complying with the terms and conditions of its tax refund
1737	agreement. The office shall consider Florida current employment
1738	statistics by industry, including whether the business's
1739	industry had substantial job loss during the prior year, when
1740	determining whether an exemption shall be granted.
1741	3.  As a condition for receiving a prorated refund under
1742	paragraph (5)(d) or an economic-stimulus exemption under this
1743	paragraph, a qualified target industry business must agree to
1744	renegotiate its tax refund agreement with the office to, at a
1745	minimum, ensure that the terms of the agreement comply with
1746	current law and office procedures governing application for and
1747	award of tax refunds. Upon approving the award of a prorated
1748	refund or granting an economic-stimulus exemption, the office
1749	shall renegotiate the tax refund agreement with the business as
1750	required by this subparagraph. When amending the agreement of a
1751	business receiving an economic-stimulus exemption, the office
1752	may extend the duration of the agreement for a period not to
1753	exceed 2 years.
1754	4.  A qualified target industry business may submit a
1755	request for an economic-stimulus exemption to the office in lieu
1756	of any tax refund claim scheduled to be submitted after January
1757	1, 2008 2005, but before July 1, 2009 2006.
1758	5.  A qualified target industry business that receives an
1759	economic-stimulus exemption may not receive a tax refund for the
1760	period covered by the exemption.
1761	(c)  The agreement must be signed by the director and by an
1762	authorized officer of the qualified target industry business
1763	within 120 days after the issuance of the letter of
1764	certification under subsection (3), but not before passage and
1765	receipt of the resolution of local financial support. The office
1766	may grant an extension of this period at the written request of
1767	the qualified target industry business.
1768	(d)  The agreement must contain the following legend,
1769	clearly printed on its face in bold type of not less than 10
1770	points in size: "This agreement is neither a general obligation
1771	of the State of Florida, nor is it backed by the full faith and
1772	credit of the State of Florida. Payment of tax refunds are
1773	conditioned on and subject to specific annual appropriations by
1774	the Florida Legislature of moneys sufficient to pay amounts
1775	authorized in section 288.106, Florida Statutes."
1776	(5)  ANNUAL CLAIM FOR REFUND.--
1777	(a)  To be eligible to claim any scheduled tax refund, a
1778	qualified target industry business that has entered into a tax
1779	refund agreement with the office under subsection (4) must apply
1780	by January 31 of each fiscal year to the office for the tax
1781	refund scheduled to be paid from the appropriation for the
1782	fiscal year that begins on July 1 following the January 31
1783	claims-submission date. The office may, upon written request,
1784	grant a 30-day extension of the filing date.
1785	(b)  The claim for refund by the qualified target industry
1786	business must include a copy of all receipts pertaining to the
1787	payment of taxes for which the refund is sought and data related
1788	to achievement of each performance item specified in the tax
1789	refund agreement. The amount requested as a tax refund may not
1790	exceed the amount specified for the relevant fiscal year in that
1791	agreement.
1792	(c)  A tax refund may not be approved for a qualified
1793	target industry business unless the required local financial
1794	support has been paid into the account for that refund. If the
1795	local financial support provided is less than 20 percent of the
1796	approved tax refund, the tax refund must be reduced. In no event
1797	may the tax refund exceed an amount that is equal to 5 times the
1798	amount of the local financial support received. Further, funding
1799	from local sources includes any tax abatement granted to that
1800	business under s. 196.1995 or the appraised market value of
1801	municipal or county land conveyed or provided at a discount to
1802	that business. The amount of any tax refund for such business
1803	approved under this section must be reduced by the amount of any
1804	such tax abatement granted or the value of the land granted; and
1805	the limitations in subsection (2) and paragraph (3)(e)(f) must
1806	be reduced by the amount of any such tax abatement or the value
1807	of the land granted. A report listing all sources of the local
1808	financial support shall be provided to the office when such
1809	support is paid to the account.
1810	(d)  A prorated tax refund, less a 5-percent penalty, shall
1811	be approved for a qualified target industry business provided
1812	all other applicable requirements have been satisfied and the
1813	business proves to the satisfaction of the director that it has
1814	achieved at least 80 percent of its projected employment and
1815	that the average wage paid by the business is at least 90
1816	percent of the average wage specified in the tax refund
1817	agreement, but in no case less than 115 percent of the average
1818	private sector wage in the area available at the time of
1819	certification, or 150 percent or 200 percent of the average
1820	private sector wage if the business requested the additional
1821	per-job tax refund authorized in paragraph (2)(b) for wages
1822	above those levels. The prorated tax refund shall be calculated
1823	by multiplying the tax refund amount for which the qualified
1824	target industry business would have been eligible, if all
1825	applicable requirements had been satisfied, by the percentage of
1826	the average employment specified in the tax refund agreement
1827	which was achieved, and by the percentage of the average wages
1828	specified in the tax refund agreement which was achieved.
1829	(e)  The director, with such assistance as may be required
1830	from the office, the Department of Revenue, or the Agency for
1831	Workforce Innovation, shall, by June 30 following the scheduled
1832	date for submission of the tax refund claim, specify by written
1833	order the approval or disapproval of the tax refund claim and,
1834	if approved, the amount of the tax refund that is authorized to
1835	be paid to the qualified target industry business for the annual
1836	tax refund. The office may grant an extension of this date on
1837	the request of the qualified target industry business for the
1838	purpose of filing additional information in support of the
1839	claim.
1840	(f)  The total amount of tax refund claims approved by the
1841	director under this section in any fiscal year must not exceed
1842	the amount authorized under s. 288.095(3).
1843	(g)  This section does not create a presumption that a tax
1844	refund claim will be approved and paid.
1845	(h)  Upon approval of the tax refund under paragraphs (c),
1846	(d), and (e), the Chief Financial Officer shall issue a warrant
1847	for the amount specified in the written order. If the written
1848	order is appealed, the Chief Financial Officer may not issue a
1849	warrant for a refund to the qualified target industry business
1850	until the conclusion of all appeals of that order.
1851	(6)  ADMINISTRATION.--
1852	(a)  The office is authorized to verify information
1853	provided in any claim submitted for tax credits under this
1854	section with regard to employment and wage levels or the payment
1855	of the taxes to the appropriate agency or authority, including
1856	the Department of Revenue, the Agency for Workforce Innovation,
1857	or any local government or authority.
1858	(b)  To facilitate the process of monitoring and auditing
1859	applications made under this program, the office may provide a
1860	list of qualified target industry businesses to the Department
1861	of Revenue, to the Agency for Workforce Innovation, or to any
1862	local government or authority. The office may request the
1863	assistance of those entities with respect to monitoring jobs,
1864	wages, and the payment of the taxes listed in subsection (2).
1865	(c)  Funds specifically appropriated for the tax refund
1866	program for qualified target industry businesses may not be used
1867	for any purpose other than the payment of tax refunds authorized
1868	by this section.
1869	(7)  Notwithstanding paragraphs (4)(a) and (5)(c), the
1870	office may approve a waiver of the local financial support
1871	requirement for a business located in any of the following
1872	counties in which businesses received emergency loans
1873	administered by the office in response to the named hurricanes
1874	of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
1875	Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
1876	Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
1877	Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
1878	waiver may be granted only if the office determines that the
1879	local financial support cannot be provided or that doing so
1880	would effect a demonstrable hardship on the unit of local
1881	government providing the local financial support. If the office
1882	grants a waiver of the local financial support requirement, the
1883	state shall pay 100 percent of the refund due to an eligible
1884	business. The waiver shall apply for tax refund applications
1885	made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
1886	(8)  EXPIRATION.--An applicant may not be certified as
1887	qualified under this section after June 30, 2010. A tax refund
1888	agreement existing on that date shall continue in effect in
1889	accordance with its terms.
1890	Section 17.  Subsection (3) and paragraph (f) of subsection
1891	(4) of section 288.107, Florida Statutes, are amended to read:
1892	288.107  Brownfield redevelopment bonus refunds.--
1893	(3)  CRITERIA.--The minimum criteria for participation in
1894	the brownfield redevelopment bonus refund are:
1895	(a)  The creation of at least 10 new full-time permanent
1896	jobs. Such jobs shall not include construction or site
1897	rehabilitation jobs associated with the implementation of a
1898	brownfield site agreement as described in s. 376.80(5).
1899	(b)  The completion of a fixed capital investment of at
1900	least $2 million in mixed-use business activities, including
1901	multiunit housing, commercial, retail, and industrial in
1902	brownfield areas, by an eligible business applying for a refund
1903	under paragraph (2)(b) which provides benefits to its employees.
1904	(c)  That the designation as a brownfield will diversify
1905	and strengthen the economy of the area surrounding the site.
1906	(d)  That the designation as a brownfield will promote
1907	capital investment in the area beyond that contemplated for the
1908	rehabilitation of the site.
1909	(e)  A resolution adopted by the governing board of the
1910	county or municipality in which the project will be located that
1911	recommends that certain types of businesses be approved.
1912	(4)  PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.--
1913	(f)  Applications shall be reviewed and certified pursuant
1914	to s. 288.061. The office shall review all applications
1915	submitted under s. 288.106 or other similar application forms
1916	for other eligible businesses as defined in paragraph (1)(e)
1917	which indicate that the proposed project will be located in a
1918	brownfield and determine, with the assistance of the Department
1919	of Environmental Protection, that the project location is within
1920	a brownfield as provided in this act.
1921	Section 18.  Paragraphs (b) and (c) of subsection (5) and
1922	subsection (7) of section 288.108, Florida Statutes, are amended
1923	to read:
1924	288.108  High-impact business.--
1925	(5)  APPLICATIONS; CERTIFICATION PROCESS; GRANT
1926	AGREEMENT.--
1927	(b)  Applications shall be reviewed and certified pursuant
1928	to s. 288.061. Enterprise Florida, Inc., shall review each
1929	submitted application and inform the applicant business whether
1930	or not its application is complete within 10 working days. Once
1931	the application is deemed complete, Enterprise Florida, Inc.,
1932	has 10 working days within which to evaluate the application and
1933	recommend approval or disapproval of the application to the
1934	director. In recommending an applicant business for approval,
1935	Enterprise Florida, Inc., shall include a recommended grant
1936	award amount in its evaluation forwarded to the office.
1937	(c)  Upon receipt of the evaluation and recommendation of
1938	Enterprise Florida, Inc., the director has 5 working days to
1939	enter a final order that either approves or disapproves an
1940	applicant business as a qualified high-impact business facility,
1941	unless the business requests an extension of the time. The final
1942	order shall specify the total amount of the qualified high-
1943	impact business facility performance grant award, the
1944	performance conditions that must be met to obtain the award, and
1945	the schedule for payment of the performance grant.
1946	(7)  REPORTING.--The office shall by December 1 of each
1947	year issue a complete and detailed report of all designated
1948	high-impact sectors, all applications received and their
1949	disposition, all final orders issued, and all payments made,
1950	including analyses of benefits and costs, types of projects
1951	supported, and employment and investments created. The report
1952	shall be submitted to the Governor, the President of the Senate,
1953	and the Speaker of the House of Representatives.
1954	Section 19.  Paragraphs (a) and (b) of subsection (3) of
1955	section 288.1088, Florida Statutes, are amended to read:
1956	288.1088  Quick Action Closing Fund.--
1957	(3)(a)  Enterprise Florida, Inc., shall review applications
1958	pursuant to s. 288.061(1) and determine eligibility of each
1959	project consistent with the criteria in subsection (2).
1960	Enterprise Florida, Inc., in consultation with the Office of
1961	Tourism, Trade, and Economic Development, may waive these
1962	criteria based on extraordinary circumstances or in rural areas
1963	of critical economic concern if the project would significantly
1964	benefit the local or regional economy. Enterprise Florida, Inc.,
1965	shall evaluate individual proposals for high-impact business
1966	facilities and forward recommendations regarding the use of
1967	moneys in the fund for such facilities to the director of the
1968	Office of Tourism, Trade, and Economic Development. Such
1969	evaluation and recommendation must include, but need not be
1970	limited to:
1971	1.  A description of the type of facility or
1972	infrastructure, its operations, and the associated product or
1973	service associated with the facility.
1974	2.  The number of full-time-equivalent jobs that will be
1975	created by the facility and the total estimated average annual
1976	wages of those jobs or, in the case of privately developed rural
1977	infrastructure, the types of business activities and jobs
1978	stimulated by the investment.
1979	3.  The cumulative amount of investment to be dedicated to
1980	the facility within a specified period.
1981	4.  A statement of any special impacts the facility is
1982	expected to stimulate in a particular business sector in the
1983	state or regional economy or in the state's universities and
1984	community colleges.
1985	5.  A statement of the role the incentive is expected to
1986	play in the decision of the applicant business to locate or
1987	expand in this state or for the private investor to provide
1988	critical rural infrastructure.
1989	6.  A report evaluating the quality and value of the
1990	company submitting a proposal. The report must include:
1991	a.  A financial analysis of the company, including an
1992	evaluation of the company's short-term liquidity ratio as
1993	measured by its assets to liability, the company's profitability
1994	ratio, and the company's long-term solvency as measured by its
1995	debt-to-equity ratio;
1996	b.  The historical market performance of the company;
1997	c.  A review of any independent evaluations of the company;
1998	d.  A review of the latest audit of the company's financial
1999	statement and the related auditor's management letter; and
2000	e.  A review of any other types of audits that are related
2001	to the internal and management controls of the company.
2002	(b)  Upon receipt of the evaluation and recommendation from
2003	Enterprise Florida, Inc., the director shall recommend approval
2004	or disapproval of a project for receipt of funds from the Quick
2005	Action Closing Fund within 35 calendar days to the Governor. In
2006	recommending a project, the director shall include proposed
2007	performance conditions that the project must meet to obtain
2008	incentive funds. The Governor shall provide the evaluation of
2009	projects recommended for approval to the President of the Senate
2010	and the Speaker of the House of Representatives and consult with
2011	the President of the Senate and the Speaker of the House of
2012	Representatives before giving final approval for a project. The
2013	Executive Office of the Governor shall recommend approval of a
2014	project and the release of funds pursuant to the legislative
2015	consultation and review requirements set forth in s. 216.177.
2016	The recommendation must include proposed performance conditions
2017	that the project must meet in order to obtain funds.
2018	Section 20.  Paragraph (f) of subsection (3), paragraph (c)
2019	of subsection (5), and subsections (7), (8), (9), and (10) of
2020	section 288.1089, Florida Statutes, are amended to read:
2021	288.1089  Innovation Incentive Program.--
2022	(3)  To be eligible for consideration for an innovation
2023	incentive award, an innovation business or research and
2024	development entity must submit a written application to
2025	Enterprise Florida, Inc., before making a decision to locate new
2026	operations in this state or expand an existing operation in this
2027	state. The application must include, but not be limited to:
2028	(f)  The number of net new full-time equivalent jobs in
2029	this state the applicant anticipates having created as of
2030	December 31 of each year in the project; and the average annual
2031	wage of such jobs; and the average annual wage of nonmanagement,
2032	nonresearch jobs.
2033	(5)  Enterprise Florida, Inc., shall evaluate proposals for
2034	innovation incentive awards and transmit recommendations for
2035	awards to the office. Such evaluation and recommendation must
2036	include, but need not be limited to:
2037	(c)  The number of full-time equivalent jobs that will be
2038	created by the project, the total estimated average annual wages
2039	of such jobs, the average annual wages of nonmanagement and
2040	nonresearch jobs, and the types of business activities and jobs
2041	likely to be stimulated by the project.
2042	(7)  Upon receipt of the evaluation and recommendation from
2043	Enterprise Florida, Inc., the director shall recommend to the
2044	Governor the approval or disapproval of an award. In
2045	recommending approval of an award, the director shall include
2046	proposed performance conditions that the applicant must meet in
2047	order to obtain incentive funds and any other conditions that
2048	must be met before the receipt of any incentive funds. The
2049	Governor shall consult with the President of the Senate and the
2050	Speaker of the House of Representatives before giving approval
2051	for an award. Upon review and approval of an award by the
2052	Legislative Budget Commission, the Executive Office of the
2053	Governor shall release the funds pursuant to the legislative
2054	consultation and review requirements set forth in s. 216.177.
2055	(8)  After the conditions Upon approval by the Governor and
2056	release of the funds as set forth in subsection (7) have been
2057	met, the director shall issue a letter certifying the applicant
2058	as qualified for an award. The office and the award recipient
2059	applicant shall enter into an agreement that sets forth the
2060	conditions for payment of incentives. The agreement must include
2061	at a minimum:
2062	(a)  The total amount of funds awarded.;
2063	(b)  The performance conditions that must be met to obtain
2064	the award or portions of the award, including, but not limited
2065	to, net new employment in the state, average wage, and total
2066	cumulative investment. Where applicable, the performance
2067	conditions must be at least at the levels specified in this
2068	section for an applicant to qualify for consideration for an
2069	Innovation Incentive Program grant award.;
2070	(c)  Demonstration of a baseline of current service and a
2071	measure of enhanced capability.;
2072	(d)  The methodology for validating performance.;
2073	(e)  The schedule of payments.; and
2074	(f)  Sanctions for failure to meet performance conditions,
2075	including any clawback provisions.
2076	(g)  Requirements for the establishment of internship
2077	programs or other learning opportunities for educators and
2078	secondary, postsecondary, graduate, and doctoral students.
2079	(h)  Requirements for each award recipient to submit
2080	quarterly reports and annual reports related to activities and
2081	performance to the office and to Enterprise Florida, Inc.
2082	(i)  An annual accounting to the office of the expenditure
2083	of funds disbursed under this section.
2084	(j)  A process for amending the agreement.
2085	(9)  Enterprise Florida, Inc., shall assist the office in
2086	validating the performance of an innovation business or research
2087	and development facility that has received an award.
2088	(10)  At the conclusion of the innovation incentive award
2089	agreement, or its earlier termination, Enterprise Florida, Inc.,
2090	shall, within 90 days, report the results of the innovation
2091	incentive award to the Governor, the President of the Senate,
2092	and the Speaker of the House of Representatives.
2093	(11)(10)  Each award recipient shall comply with Enterprise
2094	Florida, Inc., shall develop business ethics standards developed
2095	by Enterprise Florida, Inc., which are based on appropriate best
2096	industry practices which shall be applicable to all award
2097	recipients. The standards shall address ethical duties of
2098	business enterprises, fiduciary responsibilities of management,
2099	and compliance with the laws of this state. Enterprise Florida,
2100	Inc., may collaborate with the State University System in
2101	reviewing and evaluating appropriate business ethics standards.
2102	Such standards shall be provided to the Governor, the President
2103	of the Senate, and the Speaker of the House of Representatives
2104	by December 31, 2006. An award agreement entered into on or
2105	after December 31, 2006, shall require a recipient to comply
2106	with the business ethics standards developed pursuant to this
2107	section.
2108	Section 21.  Subsections (5), (6), and (9) of section
2109	288.1162, Florida Statutes, are amended, and subsections (10),
2110	(11), (12), and (13) are added to that section, to read:
2111	288.1162  Professional sports franchises; spring training
2112	franchises; duties.--
2113	(5)(a)  As used in this section, the term "retained spring
2114	training franchise" means a spring training franchise that has
2115	been based in this state prior to January 1, 2000.
2116	(b)  Prior to certifying an applicant as a "facility for a
2117	retained spring training franchise," the Office of Tourism,
2118	Trade, and Economic Development must determine that:
2119	1.  A "unit of local government" as defined in s. 218.369
2120	is responsible for the acquisition, construction, management, or
2121	operation of the facility for a retained spring training
2122	franchise or holds title to the property on which the facility
2123	for a retained spring training franchise is located.
2124	2.  The applicant has a verified copy of a signed agreement
2125	with a retained spring training franchise for the use of the
2126	facility for a term of at least 15 years.
2127	3.  The applicant has a financial commitment to provide 50
2128	percent or more of the funds required by an agreement for the
2129	acquisition, construction, or renovation of the facility for a
2130	retained spring training franchise. The agreement can be
2131	contingent upon the awarding of funds under this section and
2132	other conditions precedent to use by the spring training
2133	franchise.
2134	4.  The applicant has projections, verified by the Office
2135	of Tourism, Trade, and Economic Development, which demonstrate
2136	that the facility for a retained spring training franchise will
2137	attract a paid attendance of at least 50,000 annually.
2138	5.  The facility for a retained spring training franchise
2139	is located in a county that is levying a tourist development tax
2140	pursuant to s. 125.0104.
2141	(c)1.  The Office of Tourism, Trade, and Economic
2142	Development shall competitively evaluate applications for
2143	funding of a facility for a retained spring training franchise.
2144	The total number of certifications made by the Office of
2145	Tourism, Trade, and Economic Development shall not exceed 10. If
2146	the Office of Tourism, Trade, and Economic Development withdraws
2147	certification for any given facility, the Office of Tourism,
2148	Trade, and Economic Development may accept applications for an
2149	additional certification. Applications must be submitted by
2150	October 1, 2000, with certifications to be made by January 1,
2151	2001. If the number of applicants exceeds five and the aggregate
2152	funding request of all applications exceeds $208,335 per month,
2153	the office shall rank the applications according to a selection
2154	criteria, certifying the highest ranked proposals. The
2155	evaluation criteria shall include, with priority given in
2156	descending order to the following items:
2157	1.a.  The intended use of the funds by the applicant for
2158	acquisition of a facility, construction of a new facility, or
2159	renovation of an existing facility, with priority given to the
2160	construction of a new facility.
2161	2.b.  The length of time that the existing franchise has
2162	been located in the state, with priority given to retaining
2163	franchises that have been in the same location the longest.
2164	3.c.  The length of time that a facility to be used by a
2165	retained spring training franchise has been used by one or more
2166	spring training franchises, with priority given to a facility
2167	that has been in continuous use as a facility for spring
2168	training the longest.
2169	4.d.  For those teams leasing a spring training facility
2170	from a unit of local government, the remaining time on the lease
2171	for facilities used by the spring training franchise, with
2172	priority given to the shortest time period remaining on the
2173	lease.
2174	5.e.  The duration of the future-use agreement with the
2175	retained spring training franchise, with priority given to the
2176	future-use agreement having the longest duration.
2177	6.f.  The amount of the local match, with priority given to
2178	the largest percentage of local match proposed.
2179	7.g.  The net increase of total active recreation space
2180	owned by the applying unit of local government following the
2181	acquisition of land for the spring training facility, with
2182	priority given to the largest percentage increase of total
2183	active recreation space.
2184	8.h.  The location of the facility in a brownfield, an
2185	enterprise zone, a community redevelopment area, or other area
2186	of targeted development or revitalization included in an Urban
2187	Infill Redevelopment Plan, with priority given to facilities
2188	located in these areas.
2189	9.i.  The projections on paid attendance attracted by the
2190	facility and the proposed effect on the economy of the local
2191	community, with priority given to the highest projected paid
2192	attendance.
2193	2.  Beginning July 1, 2006, the Office of Tourism, Trade,
2194	and Economic Development shall competitively evaluate
2195	applications for funding of facilities for retained spring
2196	training franchises in addition to those certified and funded
2197	under subparagraph 1. An applicant that is a unit of government
2198	that has an agreement for a retained spring training franchise
2199	for 15 or more years which was entered into between July 1,
2200	2003, and July 1, 2004, shall be eligible for funding.
2201	Applications must be submitted by October 1, 2006, with
2202	certifications to be made by January 1, 2007. The office shall
2203	rank the applications according to selection criteria,
2204	certifying no more than five proposals. The aggregate funding
2205	request of all applicants certified shall not exceed an
2206	aggregate funding request of $208,335 per month. The evaluation
2207	criteria shall include the following, with priority given in
2208	descending order:
2209	a.  The intended use of the funds by the applicant for
2210	acquisition or construction of a new facility.
2211	b.  The intended use of the funds by the applicant to
2212	renovate a facility.
2213	c.  The length of time that a facility to be used by a
2214	retained spring training franchise has been used by one or more
2215	spring training franchises, with priority given to a facility
2216	that has been in continuous use as a facility for spring
2217	training the longest.
2218	d.  For those teams leasing a spring training facility from
2219	a unit of local government, the remaining time on the lease for
2220	facilities used by the spring training franchise, with priority
2221	given to the shortest time period remaining on the lease. For
2222	consideration under this subparagraph, the remaining time on the
2223	lease shall not exceed 5 years, unless an agreement of 15 years
2224	or more was entered into between July 1, 2003, and July 1, 2004.
2225	e.  The duration of the future-use agreement with the
2226	retained spring training franchise, with priority given to the
2227	future-use agreement having the longest duration.
2228	f.  The amount of the local match, with priority given to
2229	the largest percentage of local match proposed.
2230	g.  The net increase of total active recreation space owned
2231	by the applying unit of local government following the
2232	acquisition of land for the spring training facility, with
2233	priority given to the largest percentage increase of total
2234	active recreation space.
2235	h.  The location of the facility in a brownfield area, an
2236	enterprise zone, a community redevelopment area, or another area
2237	of targeted development or revitalization included in an urban
2238	infill redevelopment plan, with priority given to facilities
2239	located in those areas.
2240	i.  The projections on paid attendance attracted by the
2241	facility and the proposed effect on the economy of the local
2242	community, with priority given to the highest projected paid
2243	attendance.
2244	(d)  Funds may not be expended to subsidize privately owned
2245	and maintained facilities for use by the spring training
2246	franchise.
2247	(e)  Funds may be used to relocate a retained spring
2248	training franchise to another unit of local government if
2249	approved by the Office of Tourism, Trade, and Economic
2250	Development only if the existing unit of local government with
2251	the retained spring training franchise agrees to the relocation.
2252	(6)(a)  An applicant certified as a facility for a new
2253	professional sports franchise or a facility for a retained
2254	professional sports franchise or as a facility for a retained
2255	spring training franchise may use funds provided pursuant to s.
2256	212.20 only for the public purpose of paying for the
2257	acquisition, construction, reconstruction, or renovation of a
2258	facility for a new professional sports franchise, a facility for
2259	a retained professional sports franchise, or a facility for a
2260	retained spring training franchise or to pay or pledge for the
2261	payment of debt service on, or to fund debt service reserve
2262	funds, arbitrage rebate obligations, or other amounts payable
2263	with respect to, bonds issued for the acquisition, construction,
2264	reconstruction, or renovation of such facility or for the
2265	reimbursement of such costs or the refinancing of bonds issued
2266	for such purposes.
2267	(b)  Beginning September 1, 2008, and every year
2268	thereafter, each local governmental entity certified to receive
2269	funding for a facility for a retained spring training franchise
2270	shall submit to the Office of Tourism, Trade, and Economic
2271	Development a report that includes, but is not limited to, a
2272	copy of its most recent annual audit; a detailed report on all
2273	local and state funds expended to date on the project being
2274	financed pursuant to this section; a copy of the contract
2275	between the certified local governmental entity and the spring
2276	training team; and evidence that the certified applicant
2277	continues to meet the criteria in paragraph (5)(b).
2278	(9)  An applicant is not qualified for certification under
2279	this section if the franchise formed the basis for a previous
2280	certification, unless the previous certification was withdrawn
2281	by the facility or invalidated by the Office of Tourism, Trade,
2282	and Economic Development or the Department of Commerce before
2283	any funds were distributed pursuant to s. 212.20 or has been
2284	decertified pursuant to subsection (10). This subsection does
2285	not disqualify an applicant if the previous certification
2286	occurred between May 23, 1993, and May 25, 1993; however, any
2287	funds to be distributed pursuant to s. 212.20 for the second
2288	certification shall be offset by the amount distributed to the
2289	previous certified facility. Distribution of funds for the
2290	second certification shall not be made until all amounts payable
2291	for the first certification have been distributed.
2292	(10)(a)  The Office of Tourism, Trade, and Economic
2293	Development may decertify an applicant upon receipt of
2294	information that the applicant no longer meets or satisfies the
2295	criteria in paragraph (5)(b) or upon request of the local
2296	government. The Office of Tourism, Trade, and Economic
2297	Development shall notify the Department of Revenue within 10
2298	days after the decertification.
2299	(b)  The Office of Tourism, Trade, and Economic Development
2300	shall order a decertified applicant to repay the total amount of
2301	unencumbered state funds received by the applicant and any
2302	interest earnings on those funds. These funds and their interest
2303	earnings shall be deposited in the General Revenue Fund.
2304	(11)  For the purpose of retaining the tradition of spring
2305	training baseball in this state, by December 31, 2008, the
2306	Office of Tourism, Trade, and Economic Development shall develop
2307	a comprehensive strategic plan related to the following:
2308	(a)  Financing of spring training facilities.
2309	(b)  Certification and decertification processes, including
2310	development of the contract or funding agreement to be signed by
2311	the office and local governments, including local governments
2312	currently certified.
2313	(c)  Clawback of state funds from decertified local
2314	governments.
2315	(d)  Monitoring and oversight of the state funds awarded to
2316	applicants.
2317	(e)  Identification of the financial impact spring training
2318	has on the state.
2319	(e)  Identification of efforts made by other states to
2320	develop or grow their baseball spring training efforts and the
2321	effect of those efforts on this state's relationship with
2322	professional baseball.
2323	(f)  Legislative recommendations on how to sustain or
2324	improve this state's spring training tradition.
2325
2326	A copy of the strategic plan shall be submitted to the Governor,
2327	the President of the Senate, and the Speaker of the House of
2328	Representatives.
2329	(12)(a)  The Office of Tourism, Trade, and Economic
2330	Development shall conduct a national search for a qualified
2331	person to fill the position of Commissioner of Baseball in
2332	Florida, and the Executive Director of the Office of Tourism,
2333	Trade, and Economic Development shall hire the Commissioner of
2334	Baseball in Florida. Guidelines for selection of the
2335	Commissioner of Baseball in Florida shall include, but not be
2336	limited to, the Commissioner of Baseball in Florida having the
2337	following:
2338	1.  A working knowledge of spring training baseball
2339	activities in this state, including, but not limited to, the
2340	financial and day-to-day operations of spring training baseball
2341	in this state.
2342	2.  Marketing and promotion experience related to spring
2343	training baseball in this state.
2344	3.  Experience working with the owners and general managers
2345	of professional baseball franchises.
2346	4.  Experience working with state and local governmental
2347	agencies.
2348	(b)  The duties of the Commissioner of Baseball in Florida
2349	include, but are not limited to, the following:
2350	1.  Executing strategies and tactics as called for in the
2351	strategic plan, including, but not limited to, creating a
2352	mechanism for building and maintaining a relationship that is
2353	mutually beneficial to the state and baseball ownership groups.
2354	2.  Reporting to the director of the Office of Tourism,
2355	Trade, and Economic Development on competitive activities and
2356	factors that may threaten spring training in this state.
2357	3.  Developing, monitoring, and reporting performance
2358	measures that represent and illustrate the status and health of
2359	baseball spring training in this state.
2360	4.  Evaluating and recommending program direction congruent
2361	with the strategic plan.
2362	5.  Implementing, monitoring, reporting, and otherwise
2363	managing the implementation of incentive programs as authorized
2364	and funded by the Legislature.
2365	(13)  The Office of Tourism, Trade, and Economic
2366	Development may adopt rules pursuant to ss. 120.536(1) and
2367	120.54 to administer this section.
2368	Section 22.  Subsection (8) is added to section 288.1254,
2369	Florida Statutes, to read:
2370	288.1254  Entertainment industry financial incentive
2371	program.--
2372	(8)  REVERSION OF FUNDS; USE FOR FILM OR ARTS
2373	FESTIVALS.--Notwithstanding any provision of s. 216.301 to the
2374	contrary, funds appropriated for the purposes of implementing
2375	this section shall not revert until the end of the second fiscal
2376	year of the appropriation. Upon determination by the Office of
2377	Film and Entertainment, up to $1.5 million of funds appropriated
2378	in fiscal year 2008-2009 may be used for international cultural
2379	festival planning and programming that generates significant
2380	regional or statewide return on investment and uses existing
2381	state-owned cultural facilities.
2382	Section 23.  Section 288.7102, Florida Statutes, is amended
2383	to read:
2384	288.7102  Black Business Loan Program.--
2385	(1)  The Black Business Loan Program is established in the
2386	Office of Tourism, Trade, and Economic Development. Under the
2387	program, the office shall annually certify eligible recipients
2388	and subsequently disburse funds appropriated by the Legislature,
2389	through such eligible recipients, to black business enterprises
2390	that cannot obtain capital through conventional lending
2391	institutions but that could otherwise compete successfully in
2392	the private sector.
2393	(2)(1)  The office shall establish an a uniform, open, and
2394	competitive application and annual certification process for
2395	entities seeking eligible recipients who seek funds to
2396	participate in providing provide loans, loan guarantees, or
2397	investments in black business enterprises pursuant to the
2398	Florida Black Business Investment Act. The board shall receive
2399	the applications and make recommendations for certification to
2400	the office. The office shall processes all applications and
2401	recertifications submitted by July 1 on or before September 30.
2402	(3)(2)  If the Black Business Loan Program is appropriated
2403	any funding in a fiscal year, the office shall distribute an
2404	equal amount of the appropriation, calculated as the total
2405	annual appropriation divided by the total number of the program
2406	recipients certified on or before September 30 of that fiscal
2407	year The office, in consultation with the board, shall develop
2408	an allocation policy to ensure that services provided under ss.
2409	288.707-288.714 for the benefit of black business enterprises
2410	are disbursed equitably throughout the state. The board shall
2411	facilitate the formation of black business investment
2412	corporations in communities that are not served by such
2413	corporations.
2414	(4)(3)  To be eligible to receive funds and provide loans,
2415	loan guarantees, or investments under this section, a recipient
2416	must:
2417	(a)  Be a corporation registered in the state.
2418	(b)  Demonstrate that its board of directors includes
2419	citizens of the state experienced in the development of black
2420	business enterprises.
2421	(c)  Demonstrate that the recipient has a business plan
2422	that allows the recipient to operate in a manner consistent with
2423	ss. 288.707-288.714 and the rules of the office.
2424	(d)  Demonstrate that the recipient has the technical
2425	skills to analyze and evaluate applications by black business
2426	enterprises for loans, loan guarantees, or investments.
2427	(e)  Demonstrate that the recipient has established viable
2428	partnerships with public and private funding sources, economic
2429	development agencies, and workforce development and job referral
2430	networks.
2431	(f)  Demonstrate that the recipient can provide a private
2432	match equal to 20 percent of the amount of funds provided by the
2433	office.
2434	(g)  Agree to maintain the recipient's books and records
2435	relating to funds received by the office according to generally
2436	accepted accounting principles and in accordance with the
2437	requirements of s. 215.97(7) and to make those books and records
2438	available to the office for inspection upon reasonable notice.
2439	(5)(4)  The board shall annually recommend to the office
2440	certification of each eligible recipient, who must meet the
2441	provisions of ss. 288.707-288.714, the terms of the contract
2442	between the recipient and the office, and any other applicable
2443	state or federal laws. An entity may not receive funds under ss.
2444	288.707-288.714 unless the entity meets annual certification
2445	requirements.
2446	(6)(5)  Upon approval by the office and prior to release of
2447	the funds as provided in this section, the office shall issue a
2448	letter certifying the applicant as qualified for an award. The
2449	office and the applicant shall enter into an agreement that sets
2450	forth the conditions for award of the funds. The agreement must
2451	include the total amount of funds awarded; the performance
2452	conditions that must be met once the funding has been awarded,
2453	including, but not limited to, compliance with all of the
2454	requirements of this section for eligible recipients of funds
2455	under this section; and sanctions for failure to meet
2456	performance conditions, including any provisions to recover
2457	awards.
2458	(7)(6)(a)  The office, in consultation with the board,
2459	shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
2460	implement this section.
2461	(b)  The board shall adopt policies and procedures
2462	necessary to implement this section.
2463	(8)(7)  A black business investment corporation certified
2464	by the office as an eligible recipient under this section is
2465	authorized to use funds appropriated for the Black Business Loan
2466	Program in any of the following forms:
2467	(a)  Purchases of stock, preferred or common, voting or
2468	nonvoting; however, no more than 40 percent of the funds may be
2469	used for direct investments in black business enterprises;
2470	(b)  Loans or loan guarantees, with or without recourse, in
2471	either a subordinated or priority position; or
2472	(c)  Technical support to black business enterprises, not
2473	to exceed 7 percent of the funds received, and direct
2474	administrative costs, not to exceed 10 percent of the funds
2475	received.
2476	(9)(8)  It is the intent of the Legislature that if any one
2477	type of investment mechanism authorized in subsection (8) (7) is
2478	held to be invalid, all other valid mechanisms remain available.
2479	(10)(9)  All loans, loan guarantees, and investments, and
2480	any income related thereto, shall be used to carry out the
2481	public purpose of ss. 288.707-288.714, which is to develop black
2482	business enterprises. This subsection does not preclude a
2483	reasonable profit for the participating black business
2484	investment corporation or for return of equity developed to the
2485	state and participating financial institutions upon any
2486	distribution of the assets or excess income of the investment
2487	corporation.
2488	Section 24.  Section 288.955, Florida Statutes, is amended
2489	to read:
2490	288.955  Scripps Florida Funding Corporation.--
2491	(1)  DEFINITIONS.--As used in this section, the term:
2492	(a)  "Agreement" means an agreement between the Office of
2493	Tourism, Trade, and Economic Development and recipients of
2494	Innovation Incentive Program grants pursuant to s. 288.1089.
2495	(b)(a)  "Contract" means the contract executed between the
2496	corporation and the grantee under this section.
2497	(c)(b)  "Corporation" means the Scripps Florida Funding
2498	Corporation created under this section.
2499	(d)(c)  "Grantee" means The Scripps Research Institute, a
2500	not-for-profit public benefit corporation, or a division,
2501	subsidiary, affiliate, or entity formed by The Scripps Research
2502	Institute to establish a state-of-the-art biomedical research
2503	institution and campus in this state.
2504	(2)  CREATION.--
2505	(a)  There is created a not-for-profit corporation known as
2506	the Scripps Florida Funding Corporation, which shall be
2507	registered, incorporated, organized, and operated under chapter
2508	617.
2509	(b)  The corporation is not a unit or entity of state
2510	government. However, the corporation is subject to the
2511	provisions of s. 24, Art. I of the State Constitution and
2512	chapter 119, relating to public meetings and records, and the
2513	provisions of chapter 286 relating to public meetings and
2514	records.
2515	(c)  The corporation must establish at least one corporate
2516	office in this state and appoint a registered agent.
2517	(d)  The corporation shall hire or contract for all staff
2518	necessary to the proper execution of its powers and duties
2519	within the funds appropriated to implement this section and
2520	shall require that all officers, directors, and employees of the
2521	corporation comply with the code of ethics for public officers
2522	and employees under part III of chapter 112. In no case may the
2523	corporation expend more than $300,000 in the first year and
2524	$200,000 per year thereafter for staffing and necessary
2525	administrative expenditures, including, but not limited to,
2526	travel and per diem and audit expenditures, using funds
2527	appropriated to implement this section.
2528	(e)  The Office of Tourism, Trade, and Economic Development
2529	shall provide administrative support to the corporation as
2530	requested by the corporation. In the event of the dissolution of
2531	the corporation, the office shall be the corporation's successor
2532	in interest and shall assume all rights, duties, and obligations
2533	of the corporation under any contract to which the corporation
2534	is then a party and under law.
2535	(3)  PURPOSES PURPOSE.--
2536	(a)  The corporation shall be organized to receive, hold,
2537	invest, administer, and disburse funds appropriated by the
2538	Legislature for the establishment and operation of a state-of-
2539	the-art biomedical research institution and campus in this state
2540	by The Scripps Research Institute. The corporation shall
2541	safeguard the state's commitment of financial support by
2542	ensuring that, as a condition for the receipt of these funds,
2543	the grantee meets its contractual obligations. In this manner,
2544	the corporation shall facilitate and oversee the state goal and
2545	public purpose of providing financial support for the
2546	institution and campus in order to expand the amount and
2547	prominence of biomedical research conducted in this state,
2548	provide an inducement for high-technology businesses to locate
2549	in this state, create educational opportunities through access
2550	to and partnerships with the institution, and promote improved
2551	health care through the scientific outcomes of the institution.
2552	(b)  The corporation also shall serve in an oversight
2553	capacity for the Innovation Incentive Program created in s.
2554	288.1089. In that capacity, the corporation shall enter into a
2555	partnership with the Office of Tourism, Trade, and Economic
2556	Development and Enterprise Florida, Inc., in reviewing the
2557	performance and progress of grant recipients of the Innovation
2558	Incentive Program.
2559	(4)  BOARD; MEMBERSHIP.--The corporation shall be governed
2560	by a board of directors.
2561	(a)  The board of directors shall consist of nine voting
2562	members, of whom the Governor shall appoint three, the President
2563	of the Senate shall appoint three, and the Speaker of the House
2564	of Representatives shall appoint three. The director of the
2565	Office of Tourism, Trade, and Economic Development or the
2566	director's designee shall serve as an ex-officio, nonvoting
2567	member of the board of directors.
2568	(b)  Each member of the board of directors shall serve for
2569	a term of 4 years, and except that initially the Governor, the
2570	President of the Senate, and the Speaker of the House of
2571	Representatives each shall appoint one member for a term of 1
2572	year, one member for a term of 2 years, and one member for a
2573	term of 4 years to achieve staggered terms among the members of
2574	the board. a member is not eligible for reappointment to the
2575	board, except, however, that a member appointed to an initial
2576	term of 1 year or 2 years may be reappointed for an additional
2577	term of 4 years, and a person appointed to fill a vacancy with 2
2578	years or less remaining on the term may be reappointed for an
2579	additional term of 4 years. The Governor, the President of the
2580	Senate, and the Speaker of the House of Representatives shall
2581	make their initial appointments to the board by November 15,
2582	2003.
2583	(c)  The Governor, the President of the Senate, or the
2584	Speaker of the House of Representatives, respectively, shall
2585	fill a vacancy on the board of directors, according to who
2586	appointed the member whose vacancy is to be filled or whose term
2587	has expired. A vacancy that occurs before the scheduled
2588	expiration of the term of the member shall be filled for the
2589	remainder of the unexpired term.
2590	(d)  Each member of the board of directors who is not
2591	otherwise required to file financial disclosure under s. 8, Art.
2592	II of the State Constitution or s. 112.3144 shall file
2593	disclosure of financial interests under s. 112.3145.
2594	(e)  A person may not be appointed to the board of
2595	directors if he or she has had any direct interest in any
2596	contract, franchise, privilege, or other benefit granted by The
2597	Scripps Research Institute or any of its affiliate
2598	organizations, or with any grant recipients of the Innovation
2599	Incentive Program, within 5 years before appointment. A person
2600	appointed to the board of directors must agree to refrain from
2601	having any direct interest in any contract, franchise,
2602	privilege, or other benefit granted by The Scripps Research
2603	Institute or any of its affiliate organizations, or with any
2604	grant recipients of the Innovation Incentive Program, during the
2605	term of his or her appointment and for 5 years after the
2606	termination of such appointment. It is a misdemeanor of the
2607	first degree, punishable as provided in s. 775.083 or s.
2608	775.084, for a person to accept appointment to the board of
2609	directors in violation of this paragraph or to accept a direct
2610	interest in any contract, franchise, privilege, or other benefit
2611	granted by the institution or affiliate within 5 years after the
2612	termination of his or her service on the board.
2613	(f)  Each member of the board of directors shall serve
2614	without compensation, but shall receive travel and per diem
2615	expenses as provided in s. 112.061 while in the performance of
2616	his or her duties.
2617	(g)  Each member of the board of directors is accountable
2618	for the proper performance of the duties of office, and each
2619	member owes a fiduciary duty to the people of the state to
2620	ensure that funds provided in furtherance of this section are
2621	disbursed and used as prescribed by law and contract. The
2622	Governor, the President of the Senate, or the Speaker of the
2623	House of Representatives, according to which officer appointed
2624	the member, may remove a member for malfeasance, misfeasance,
2625	neglect of duty, incompetence, permanent inability to perform
2626	official duties, unexcused absence from three consecutive
2627	meetings of the board, arrest or indictment for a crime that is
2628	a felony or a misdemeanor involving theft or a crime of
2629	dishonesty, or pleading nolo contendere to, or being found
2630	guilty of, any crime.
2631	(5)  ORGANIZATION; MEETINGS.--
2632	(a)1.  The board of directors shall annually elect a
2633	chairperson and a vice chairperson from among the board's
2634	members. The members may, by a vote of five of the nine board
2635	members, remove a member from the position of chairperson or
2636	vice chairperson prior to the expiration of his or her term as
2637	chairperson or vice chairperson. His or her successor shall be
2638	elected to serve for the balance of the removed chairperson's or
2639	vice chairperson's term.
2640	2.  The chairperson is responsible to ensure that records
2641	are kept of the proceedings of the board of directors and is the
2642	custodian of all books, documents, and papers filed with the
2643	board; the minutes of meetings of the board; and the official
2644	seal of the corporation.
2645	(b)1.  The board of directors shall meet upon the call of
2646	the chairperson or at the request of a majority of the members,
2647	but no less than three times per calendar year.
2648	2.  A majority of the voting members of the board of
2649	directors constitutes a quorum. Except as otherwise provided in
2650	this section, the board may take official action by a majority
2651	vote of the members present at any meeting at which a quorum is
2652	present. Members may not vote by proxy.
2653	3.  A member of the board may participate in a meeting of
2654	the board by telephone or videoconference through which each
2655	member may hear every other member.
2656	(c)  The corporation may include on the same meeting agenda
2657	matters related to The Scripps Research Institute and the
2658	Innovation Incentive Program.
2659	(6)  POWERS AND DUTIES.--
2660	(a)  The corporation is organized to receive, hold, invest,
2661	administer, and disburse funds appropriated by the Legislature
2662	in support of The Scripps Research Institute this section and to
2663	disburse any income generated from the investment of these funds
2664	consistent with the purpose and provisions of this section. In
2665	addition to the powers and duties prescribed in chapter 617 and
2666	the articles and bylaws adopted under that chapter, the
2667	corporation:
2668	1.(a)  May make and enter into contracts and assume any
2669	other functions that are necessary to carry out the provisions
2670	of this section related to The Scripps Research Institute.
2671	2.(b)  May enter into leases and contracts for the purchase
2672	of real property and hold notes, mortgages, guarantees, or
2673	security agreements to secure the performance of obligations of
2674	the grantee under the contract.
2675	3.(c)  May perform all acts and things necessary or
2676	convenient to carry out the powers expressly granted in this
2677	section and in the a contract entered into between the
2678	corporation and the grantee.
2679	4.(d)  May make expenditures, from funds provided by this
2680	state, including any necessary administrative expenditures
2681	consistent with its powers.
2682	(e)  May indemnify, and purchase and maintain insurance on
2683	behalf of, directors, officers, and employees of the corporation
2684	against any personal liability or accountability.
2685	5.(f)  Shall disburse funds pursuant to the provisions of
2686	this section and a contract entered into between the corporation
2687	and the grantee.
2688	6.(g)  Shall receive and review reports and financial
2689	documentation provided by the grantee to ensure compliance with
2690	the provisions of this section and provisions of the contract.
2691	7.(h)  Shall prepare an annual report as prescribed in
2692	subsection (14).
2693	(b)  The corporation also is directed to:
2694	1.  Review the business plans, quarterly reports, annual
2695	reports, and audit reports of entities that have received a
2696	grant from the Innovation Incentive Program pursuant to s.
2697	288.1089.
2698	2.  Invite all Innovation Incentive Program grant
2699	recipients to appear at its meetings to present progress reports
2700	on their activities.
2701	3.  Prepare an annual report as required in subsection
2702	(15).
2703	(c)  The corporation may indemnify, purchase, and maintain
2704	insurance on behalf of its directors, officers, and employees
2705	against any personal liability or accountability.
2706	(d)  The corporation may otherwise perform all acts and
2707	things necessary or convenient to carry out the powers expressly
2708	granted in this section.
2709	(7)  INVESTMENT OF FUNDS.--The corporation must enter into
2710	an agreement with the State Board of Administration under which
2711	funds received by the corporation from the Office of Tourism,
2712	Trade, and Economic Development which are not disbursed to the
2713	grantee shall be invested by the State Board of Administration
2714	on behalf of the corporation. Funds shall be invested in
2715	suitable instruments authorized under s. 215.47 and specified in
2716	investment guidelines established and agreed to by the State
2717	Board of Administration and the corporation.
2718	(8)  CONTRACT.--
2719	(a)  The 20-year contract negotiated and executed by the
2720	corporation with the grantee By January 30, 2004, the
2721	corporation shall negotiate and execute a contract with the
2722	grantee for a term of 20 years. Such contract shall govern the
2723	disbursement and use of funds under this section. The board may,
2724	by a simple majority vote, authorize one 45-day extension of
2725	this deadline. The corporation may not execute the contract
2726	unless the contract is approved by the affirmative vote of at
2727	least seven of the nine members of the board of directors. At
2728	least 14 days before execution of the contract, The Scripps
2729	Research Institute must submit to the board, the Governor, the
2730	President of the Senate, and the Speaker of the House of
2731	Representatives an organizational plan, in a form and manner
2732	prescribed by the board, for the establishment of a state-of-
2733	the-art biomedical research institution and campus in this
2734	state, and the board must submit a copy of the proposed contract
2735	to the Governor, the President of the Senate, and the Speaker of
2736	the House of Representatives.
2737	(b)  The contract, at a minimum, must contain provisions:
2738	1.  Specifying the procedures and schedules that govern the
2739	disbursement of funds under this section and specifying the
2740	conditions or deliverables that the grantee must satisfy before
2741	the release of each disbursement.
2742	2.  Requiring the grantee to submit to the corporation a
2743	business plan in a form and manner prescribed by the
2744	corporation.
2745	3.  Prohibiting The Scripps Research Institute or the
2746	grantee from establishing other biomedical science or research
2747	facilities in any state other than this state or California for
2748	a period of 12 years from the commencement of the contract.
2749	Nothing in this subparagraph shall prohibit the grantee from
2750	establishing or engaging in normal collaborative activities with
2751	other organizations.
2752	4.  Governing the ownership of or security interests in
2753	real property and personal property, including, but not limited
2754	to, research equipment, obtained through the financial support
2755	of state or local government, including a provision that in the
2756	event of a breach of the contract or in the event the grantee
2757	ceases operations in this state, such property purchased with
2758	state funds shall revert to the state and such property
2759	purchased with local funds shall revert to the local governing
2760	authority.
2761	5.  Requiring the grantee to be an equal opportunity
2762	employer.
2763	6.  Requiring the grantee to maintain a policy of awarding
2764	preference in employment to residents of this state, as defined
2765	by law, except for professional scientific staff positions
2766	requiring a doctoral degree, postdoctoral training positions,
2767	and graduate student positions.
2768	7.  Requiring the grantee to maintain a policy of making
2769	purchases from vendors in this state, to the extent it is cost-
2770	effective and scientifically sound.
2771	8.  Requiring the grantee to use the Internet-based job-
2772	listing system of the Agency for Workforce Innovation in
2773	advertising employment opportunities.
2774	9.  Requiring the grantee to establish accredited science
2775	degree programs.
2776	10.  Requiring the grantee to establish internship programs
2777	to create learning opportunities for educators and secondary,
2778	postsecondary, graduate, and doctoral students.
2779	11.  Requiring the grantee to submit data to the
2780	corporation on the activities and performance during each fiscal
2781	year and to provide to the corporation an annual accounting of
2782	the expenditure of funds disbursed under this section.
2783	12.  Establishing that the corporation shall review the
2784	activities of the grantee to assess the grantee's financial and
2785	operational compliance with the provisions of the contract and
2786	with relevant provisions of law.
2787	13.  Authorizing the grantee, when feasible, to use
2788	information submitted by it to the Federal Government or to
2789	other organizations awarding research grants to the grantee to
2790	help meet reporting requirements imposed under this section or
2791	the contract, if the information satisfies the reporting
2792	standards of this section and the contract.
2793	14.  Unless amended pursuant to the force majeure
2794	provisions in subsection (18), requiring the grantee during the
2795	first 7 years of the contract to create 545 positions and to
2796	acquire associated research equipment for the grantee's facility
2797	in this state, and pay for related maintenance of the equipment,
2798	in a total amount of not less than $45 million.
2799	15.  Requiring the grantee to progress in the creation of
2800	the total number of jobs prescribed in subparagraph 14. on the
2801	following schedule: At least 38 positions in the 1st year, 168
2802	positions in the 2nd year, 280 positions in the 3rd year, 367
2803	positions in the 4th year, 436 positions in the 5th year, 500
2804	positions in the 6th year, and 545 positions in the 7th year.
2805	The corporation's board of directors may allow the grantee to
2806	deviate downward from such employee levels by 25 percent in any
2807	year, to allow the grantee flexibility in achieving the
2808	objectives set forth in the business plan provided to the
2809	corporation; however, the grantee must have no fewer than 545
2810	positions by the end of the 7th year.
2811	16.  Requiring the grantee to allow the corporation to
2812	retain an independent certified public accountant licensed in
2813	this state pursuant to chapter 473 to inspect the records of the
2814	grantee in order to audit the expenditure of funds disbursed to
2815	the grantee. The independent certified public accountant shall
2816	not disclose any confidential or proprietary scientific
2817	information of the grantee.
2818	17.  Requiring the grantee to purchase liability insurance
2819	and governing the coverage level of such insurance.
2820	(b)(c)  An amendment to the contract is not effective
2821	unless it is approved by the affirmative vote of at least seven
2822	of the nine members of the board of directors.
2823	(9)  PERFORMANCE EXPECTATIONS FOR THE SCRIPPS RESEARCH
2824	INSTITUTE.--In addition to the provisions prescribed in
2825	subsection (8), the contract between the corporation and the
2826	grantee shall include a provision that the grantee, in
2827	cooperation with the Office of Tourism, Trade, and Economic
2828	Development, shall report to the corporation on an annual basis
2829	certain performance expectations that reflect the aspirations of
2830	the Governor and the Legislature for the benefits accruing to
2831	this state as a result of the funds appropriated pursuant to
2832	this section. These shall include, but are not limited to,
2833	performance expectations addressing:
2834	(a)  The number and dollar value of research grants
2835	obtained from the Federal Government or sources other than this
2836	state.
2837	(b)  The percentage of total research dollars received by
2838	The Scripps Research Institute from sources other than this
2839	state which is used to conduct research activities by the
2840	grantee in this state.
2841	(c)  The number or value of patents obtained by the
2842	grantee.
2843	(d)  The number or value of licensing agreements executed
2844	by the grantee.
2845	(e)  The extent to which research conducted by the grantee
2846	results in commercial applications.
2847	(f)  The number of collaborative agreements reached and
2848	maintained with colleges and universities in this state and with
2849	research institutions in this state, including agreements that
2850	foster participation in research opportunities by public and
2851	private colleges and universities and research institutions in
2852	this state with significant minority populations, including
2853	historically black colleges and universities.
2854	(g)  The number of collaborative partnerships established
2855	and maintained with businesses in this state.
2856	(h)  The total amount of funding received by the grantee
2857	from sources other than the State of Florida.
2858	(i)  The number or value of spin-off businesses created in
2859	this state as a result of commercialization of the research of
2860	the grantee.
2861	(j)  The number or value of businesses recruited to this
2862	state by the grantee.
2863	(k)  The establishment and implementation of policies to
2864	promote supplier diversity using the guidelines developed by the
2865	Office of Supplier Diversity under s. 287.09451 and to comply
2866	with the ordinances, including any small business ordinances,
2867	enacted by the county and which are applicable to the biomedical
2868	research institution and campus located in this state.
2869	(l)  The designation by the grantee of a representative to
2870	coordinate with the Office of Supplier Diversity.
2871	(m)  The establishment and implementation of a program to
2872	conduct workforce recruitment activities at public and private
2873	colleges and universities and community colleges in this state
2874	which request the participation of the grantee.
2875
2876	The contract shall require the grantee to provide information to
2877	the corporation on the progress in meeting these performance
2878	expectations on an annual basis. It is the intent of the
2879	Legislature that, in fulfilling its obligation to work with
2880	Florida's public and private colleges and universities, The
2881	Scripps Research Institute's Florida facility work with such
2882	colleges and universities regardless of size.
2883	(10)  DISBURSEMENT CONDITIONS.--In addition to the
2884	provisions prescribed in subsection (8), the contract between
2885	the corporation and the grantee shall include disbursement
2886	conditions that must be satisfied by the grantee as a condition
2887	for the continued disbursement of funds under this section.
2888	These disbursement conditions shall be negotiated between the
2889	corporation and the grantee and shall not be designed to impede
2890	the ability of the grantee to attain full operational status.
2891	The disbursement conditions may be appropriately varied as to
2892	timeframes, numbers, values, and percentages. The disbursement
2893	conditions shall include, but are not limited to, the following
2894	areas:
2895	(a)  Demonstrate creation of jobs and report on the average
2896	salaries paid.
2897	(b)  Beginning 18 months after the grantee's occupancy of
2898	its permanent facility, the grantee shall annually obtain
2899	$100,000 of nonstate funding for each full-time equivalent
2900	tenured-track faculty member employed at the grantee's Florida
2901	facility.
2902	(c)  No later than 3 years after the grantee's occupancy of
2903	its permanent facility, the grantee shall apply to the relevant
2904	accrediting agency for accreditation of its Florida graduate
2905	program.
2906	(d)  The grantee shall purchase equipment for its Florida
2907	facility as scheduled in its contract with the corporation.
2908	(e)  No later than 18 months after occupying its permanent
2909	facility, the grantee shall establish a program for qualified
2910	graduate students from Florida universities permitting them
2911	access to the facility for doctoral, thesis-related research.
2912	(f)  No later than 18 months after occupancy of the
2913	permanent facility, the grantee shall establish a summer
2914	internship for high school students.
2915	(g)  No later than 3 years after occupancy of the permanent
2916	facility, the grantee shall establish a research program for
2917	middle and high school teachers.
2918	(h)  No later than 18 months after occupancy of the
2919	permanent facility, the grantee shall establish a program for
2920	adjunct professors.
2921	(i)  No later than 6 months after commissioning its high
2922	throughput technology, the grantee shall establish a program to
2923	allow open access for qualified science projects.
2924	(j)  Beginning June 2004, The grantee shall collaborate
2925	commence collaborative efforts with Florida public and private
2926	colleges and universities, and shall continue cooperative
2927	collaboration through the term of the agreement.
2928	(k)  Beginning 18 months after the grantee occupies the
2929	permanent facility, the grantee shall establish an annual
2930	seminar series featuring a review of the science work done by
2931	the grantee and its collaborators at the Florida facility.
2932	(l)  Beginning June 2004, The grantee shall collaborate
2933	commence collaboration efforts with the Office of Tourism,
2934	Trade, and Economic Development by complying with reasonable
2935	requests for cooperation in economic development efforts in the
2936	biomed/biotech industry. No later than July 2004, The grantee
2937	shall also designate a person who shall be charged with
2938	assisting in these collaborative efforts.
2939	(11)  DISBURSEMENTS TO THE SCRIPPS RESEARCH INSTUTUTE.--
2940	(a)  The corporation shall disburse funds to the grantee
2941	over a period of 7 calendar years starting in the calendar year
2942	beginning January 1, 2004, under the terms and conditions of the
2943	contract. The corporation shall complete disbursement of the
2944	total amount of funds payable to the grantee under the contract
2945	no later than December 31, 2010, unless the grantee fails to
2946	satisfy the terms and conditions of the contract. Any funds of
2947	the corporation that are not disbursed by December 31, 2010,
2948	shall be paid to the Biomedical Research Trust Fund of the
2949	Department of Health.
2950	(b)  The contract shall provide for a reduction or
2951	elimination of funding in any year if:
2952	1.  The grantee is no longer operating in this state;
2953	2.  The grantee has failed to commit in writing to maintain
2954	operations in the state for the succeeding year; or
2955	3.  The grantee commits a material default or breach of the
2956	contract, as defined and governed by the contract. Determination
2957	of material default or breach of contract shall require the
2958	affirmative vote of at least seven of the nine members of the
2959	board.
2960	(c)  Each disbursement by the corporation to the grantee
2961	under this section is conditioned upon the affirmative approval
2962	of at least five of the nine members of the board of directors
2963	and upon demonstration by the grantee that it has met the
2964	particular contractual deliverables that are the basis for that
2965	disbursement.
2966	(12)  USE OF FUNDS.--
2967	(a)  Funds appropriated in furtherance of this section may
2968	not be disbursed or expended for activities that do not
2969	principally benefit or that are not directly related to the
2970	establishment or operation of the grantee in this state, except
2971	upon approval of the affirmative vote of at least seven of the
2972	nine members of the board of directors.
2973	(b)  No Funds appropriated in furtherance of this section
2974	may not be used for the purpose of lobbying any branch or agency
2975	of state government or any political subdivision of the state.
2976	(c)  The grantee must provide for separate accounts for any
2977	funds appropriated in furtherance of this section and separate
2978	books and records relating to The Scripps Research Institute's
2979	Florida operation.
2980	(13)  REINVESTMENT.--
2981	(a)  The grantee shall reinvest 15 percent of the net
2982	royalty revenues, including the revenues from the sale of stock,
2983	received by The Scripps Research Institute from the licensing or
2984	transfer of inventions, methods, processes, and other patentable
2985	discoveries conceived or reduced to practice using the grantee's
2986	Florida facilities or Florida employees, in whole or in part,
2987	and to which the grantee becomes entitled during the 20 years
2988	following the effective date of the contract between the
2989	corporation and the grantee. For purposes of this paragraph, the
2990	term "net royalty revenues" means all royalty revenues less the
2991	cost of obtaining, maintaining, and enforcing related patent and
2992	intellectual property rights, both foreign and domestic.
2993	Reinvestment payments under this paragraph shall commence no
2994	later than 6 months after the grantee has received the final
2995	disbursement under the contract and shall continue until the
2996	maximum reinvestment has been paid.
2997	(b)  The grantee shall reinvest 15 percent of the gross
2998	revenues it receives from naming opportunities associated with
2999	any facility it builds in this state. For purposes of this
3000	section, the term "naming opportunities" includes charitable
3001	donations from any person or entity in consideration for the
3002	right to have all or a portion of the facility named for or in
3003	the memory of any person, living or dead, or for any entity. The
3004	obligation to make reinvestment payments under this section
3005	shall commence upon the execution of the contract between the
3006	corporation and the grantee.
3007
3008	All reinvestment payments made pursuant to this section shall be
3009	remitted to the state for deposit in the Biomedical Research
3010	Trust Fund or, if such fund has ceased to exist, in another
3011	trust fund that supports biomedical research, as determined by
3012	law. The maximum reinvestment required of the grantee pursuant
3013	to this subsection shall not exceed $200 million. At such time
3014	as the reinvestment payments equal $155 million or the contract
3015	expires, whichever is earlier, the board of the corporation
3016	shall determine whether the performance expectations and
3017	disbursement conditions have been met. If the board determines
3018	that the performance expectations and disbursement conditions
3019	have been met, the amount of $200 million shall be reduced to
3020	$155 million. The grantee shall annually submit a schedule of
3021	the shares of stock held by it as payment of the royalty
3022	referred to in paragraph (a) and report on any trades or
3023	activity concerning such stock. The grantee's obligations under
3024	this subsection shall survive the expiration or termination of
3025	the contract between the corporation and the grantee.
3026	(14)  ANNUAL REPORT ON THE SCRIPPS RESEARCH INSTITUTE.--By
3027	December 1 of each year, the corporation shall prepare a report
3028	of the activities and outcomes under this section for the
3029	preceding fiscal year. The report, at a minimum, must include:
3030	(a)  A description of the activities of the corporation in
3031	managing and enforcing the contract with the grantee.
3032	(b)  An accounting of the amount of funds disbursed during
3033	the preceding fiscal year to the grantee.
3034	(c)  An accounting of expenditures by the grantee during
3035	the fiscal year of funds disbursed under this section.
3036	(d)  Information on the number and salary level of jobs
3037	created by the grantee, including the number and salary level of
3038	jobs created for residents of this state.
3039	(e)  Information on the amount and nature of economic
3040	activity generated through the activities of the grantee.
3041	(f)  An assessment of factors affecting the progress toward
3042	achieving the projected biotech industry cluster associated with
3043	the grantee's operations, as projected by economists on behalf
3044	of the Executive Office of the Governor.
3045	(g)  A compliance and financial audit of the accounts and
3046	records of the corporation at the end of the preceding fiscal
3047	year conducted by an independent certified public accountant in
3048	accordance with rules of the Auditor General.
3049	(h)  A description of the status of the performance
3050	expectations under subsection (9) and the disbursement
3051	conditions under subsection (10).
3052
3053	The corporation shall submit the report to the Governor, the
3054	President of the Senate, and the Speaker of the House of
3055	Representatives.
3056	(15)  REPORT ON INNOVATION INCENTIVE PROGRAM
3057	ACTIVITIES.--The corporation shall prepare an annual report of
3058	the activities and outcomes related to its oversight role for
3059	the Innovation Incentive Program for the preceding fiscal year.
3060	The report, at a minimum, must include:
3061	(a)  An assessment of the progress made by each grant
3062	recipient of the Innovation Incentive Program in achieving its
3063	agreement objectives, benchmarks, and performance expectations,
3064	and a discussion of all relevant factors related to its progress
3065	or lack thereof.
3066	(b)  A review of the previous year's compliance and
3067	financial audits of the accounts and records of each grant
3068	recipient conducted by an independent certified public
3069	accountant in accordance with rules of the Auditor General.
3070	(c) Any recommended legislative changes or administrative
3071	improvements that may be undertaken by the Executive Office of
3072	the Governor.
3073
3074	The corporation shall submit the report to the Governor, the
3075	President of the Senate, and the Speaker of the House of
3076	Representatives by January 10 of each year, beginning in 2009.
3077	(16)(15)  PROGRAM EVALUATION.--
3078	(a)  Before January 1, 2007, the Office of Program Policy
3079	Analysis and Government Accountability shall conduct a
3080	performance audit of the Office of Tourism, Trade, and Economic
3081	Development and the corporation relating to the provisions of
3082	this section. The audit shall assess the implementation and
3083	outcomes of activities under this section. At a minimum, the
3084	audit shall address:
3085	1.  Performance of the Office of Tourism, Trade, and
3086	Economic Development in disbursing funds appropriated under this
3087	section.
3088	2.  Performance of the corporation in managing and
3089	enforcing the contract with the grantee.
3090	3.  Compliance by the corporation with the provisions of
3091	this section and the provisions of the contract.
3092	4.  Economic activity generated through funds disbursed
3093	under the contract.
3094	(b)  Before January 1, 2010, the Office of Program Policy
3095	Analysis and Government Accountability shall update the report
3096	required under paragraph (a) this subsection. In addition to
3097	addressing the items prescribed in paragraph (a), the updated
3098	report shall include a recommendation on whether the Legislature
3099	should retain the statutory authority for the corporation taking
3100	into account the corporation's oversight role for the Innovation
3101	Incentive Program.
3102
3103	A report of each audit's findings and recommendations shall be
3104	submitted to the Governor, the President of the Senate, and the
3105	Speaker of the House of Representatives. In completing the
3106	performance audits required under this subsection, the Office of
3107	Program Policy Analysis and Government Accountability shall
3108	maximize the use of reports submitted by the grantee to the
3109	Federal Government or to other organizations awarding research
3110	grants to the grantee.
3111	(17)(16)  LIABILITY.--
3112	(a)  The appropriation or disbursement of funds under this
3113	section does not constitute a debt, liability, or obligation of
3114	the State of Florida, any political subdivision thereof, or the
3115	corporation or a pledge of the faith and credit of the state or
3116	of any such political subdivision.
3117	(b)  The appropriation or disbursement of funds under this
3118	section does not subject the State of Florida, any political
3119	subdivision thereof, or the corporation to liability related to
3120	the research activities and research products of the grantee.
3121	(18)(17)  FORCE MAJEURE.--Notwithstanding any other
3122	provisions contained in this act, if the grantee is prevented
3123	from timely achieving any deadlines set forth in this act due to
3124	its inability to occupy its permanent Florida facility within 2
3125	years after entering into the memorandum of agreement pursuant
3126	to s. 403.973, as a result of permitting delays and related
3127	administrative or judicial proceedings, acts of God, labor
3128	disturbances, or other similar events beyond the control of the
3129	grantee, the deadline shall be extended by the number of days by
3130	which the grantee was delayed in commencing its occupancy of its
3131	permanent Florida facility. In no event shall the extension be
3132	for more than 4 years. Upon the occurrence of a force majeure
3133	event, the Scripps Florida Funding Corporation shall continue to
3134	fund the grantee at a level that permits it to sustain its
3135	current level of operations until the force majeure event ceases
3136	and the grantee is able to resume the contract schedule
3137	governing disbursement.
3138	Section 25.  Subsection (2) and paragraph (a) of subsection
3139	(4) of section 288.9624, Florida Statutes, are amended to read:
3140	288.9624  Florida Opportunity Fund; creation; duties.--
3141	(2)  Upon organization, the board shall conduct a national
3142	solicitation for investment plan proposals from qualified
3143	venture capital investment managers for the raising and
3144	investing of capital by the Florida Opportunity Fund. Any
3145	proposed investment plan must address the applicant's level of
3146	experience, quality of management, investment philosophy and
3147	process, provability of success in fundraising, prior investment
3148	fund results, and plan for achieving the purposes of ss.
3149	288.9621-288.9624. The board shall recommend select only venture
3150	capital investment managers having demonstrated expertise in the
3151	management of and investment in companies for final approval to
3152	the board of directors of Enterprise Florida, Inc.
3153	(4)  For the purpose of mobilizing investment in a broad
3154	variety of Florida-based, new technology companies and
3155	generating a return sufficient to continue reinvestment, the
3156	fund shall:
3157	(a)1.  Except as otherwise provided in this section, invest
3158	directly only in seed and early stage venture capital funds that
3159	have experienced managers or management teams with demonstrated
3160	experience, expertise, and a successful history in the
3161	investment of venture capital funds. Investments must be
3162	focused, focusing on opportunities in this state. The fund may
3163	not make direct investments in individual businesses if the
3164	business can demonstrate significant economic benefit to the
3165	state. While not precluded from investing in venture capital
3166	funds that have investments outside this state, the fund must
3167	require a venture capital fund to show a record of successful
3168	investment in this state, to be based in this state, or to have
3169	an office in this state staffed with a full-time, professional
3170	venture investment executive in order to be eligible for
3171	investment.
3172	2.  In entering into partnerships with state universities
3173	that are designated as research universities having very high
3174	research activity by the 2005 Carnegie Classifications, invest
3175	directly in state-based seed or early state venture capital
3176	funds. These investments shall be used to support companies that
3177	are developing the commercialization of a particular product or
3178	service and that are operating from laboratory or office space
3179	on a university campus which has been constructed by a private
3180	developer who is providing a minimum match of $3 for every $1 of
3181	state funds for constructions and investment.
3182	Section 26.  Subsection (7) is added to section 290.0055,
3183	Florida Statutes, to read:
3184	290.0055  Local nominating procedure.--
3185	(7)  The governing body of a jurisdiction that contains a
3186	designated enterprise zone that includes a state-designated
3187	rural area of critical economic concern, pursuant to s.
3188	288.0656(7), may apply to the Office of Tourism, Trade, and
3189	Economic Development to expand the boundaries of the enterprise
3190	zone by not more than 3 square miles. The expansion must be
3191	contiguous to an existing enterprise zone boundary.
3192	Notwithstanding the area of limitations found in subsection (4),
3193	the Office of Tourism, Trade, and Economic Development may
3194	approve the boundary amendment if the boundary change continues
3195	to satisfy the requirements of paragraphs (6)(b) and (c).
3196	Section 27.  Paragraph (f) is added to subsection (3) of
3197	section 403.973, Florida Statutes, and subsection (8) of that
3198	section is amended to read:
3199	403.973  Expedited permitting; comprehensive plan
3200	amendments.--
3201	(3)
3202	(f)  Projects that are associated with new mixed-use
3203	community housing research and development, manufacturing, and
3204	demonstration of technologies for improving energy-efficiency of
3205	residential and nonresidential uses and using an alternative
3206	source of water supply are eligible for the expedited permitting
3207	process.
3208	(8)  Each memorandum of agreement shall include a process
3209	for final agency action on permit applications and local
3210	comprehensive plan amendment approvals within 90 days after
3211	receipt of a completed application, unless the applicant agrees
3212	to a longer time period or the office determines that unforeseen
3213	or uncontrollable circumstances preclude final agency action
3214	within the 90-day timeframe. Permit applications governed by
3215	federally delegated or approved permitting programs whose
3216	requirements would prohibit or be inconsistent with the 90-day
3217	timeframe are exempt from this provision, but must be processed
3218	by the agency with federally delegated or approved program
3219	responsibility as expeditiously as possible. For projects for
3220	which a completed application has been submitted prior to
3221	qualification of the project under this section, the memorandum
3222	of agreement may proceed concurrently with the processing of
3223	applications, and the timeframes in this section shall begin
3224	from receipt of certification or the project's eligibility.
3225	Section 28.  Effective October 1, 2008, subsection (18) of
3226	section 443.036, Florida Statutes, is amended to read:
3227	443.036  Definitions.--As used in this chapter, the term:
3228	(18)  "Employee leasing company" means an employing unit
3229	that has a valid and active license under chapter 468 and that
3230	maintains the records required by s. 443.171(5) and, in
3231	addition, maintains quarterly reports on the clients of the
3232	employee leasing company and the internal staff of the employee
3233	leasing company a listing of the clients of the employee leasing
3234	company and of the employees, including their social security
3235	numbers, who have been assigned to work at each client company
3236	job site. Further, each client company job site must be
3237	identified by industry, products or services, and address. The
3238	client list must be provided to the tax collection service
3239	provider by June 30 and by December 31 of each year. As used in
3240	this subsection, the term "client" means a party who has
3241	contracted with an employee leasing company to provide a worker,
3242	or workers, to perform services for the client. Leased employees
3243	include employees subsequently placed on the payroll of the
3244	employee leasing company on behalf of the client. An employee
3245	leasing company must notify the tax collection service provider
3246	within 30 days after the initiation or termination of the
3247	company's relationship with any client company under chapter
3248	468.
3249	Section 29.  Paragraph (a) of subsection (1) of section
3250	443.1216, Florida Statutes, is amended to read:
3251	443.1216  Employment.--Employment, as defined in s.
3252	443.036, is subject to this chapter under the following
3253	conditions:
3254	(1)(a)  The employment subject to this chapter includes a
3255	service performed, including a service performed in interstate
3256	commerce, by:
3257	1.  An officer of a corporation.
3258	2.  An individual who, under the usual common-law rules
3259	applicable in determining the employer-employee relationship, is
3260	an employee. However, whenever a client, as defined in s.
3261	443.036(18), which would otherwise be designated as an employing
3262	unit has contracted with an employee leasing company to supply
3263	it with workers, those workers are considered employees of the
3264	employee leasing company. An employee leasing company may lease
3265	corporate officers of the client to the client and other workers
3266	to the client, except as prohibited by regulations of the
3267	Internal Revenue Service. Employees of an employee leasing
3268	company must be reported under the employee leasing company's
3269	tax identification number and contribution rate for work
3270	performed for the employee leasing company.
3271	a.  In addition to any other report required to be filed by
3272	law, an employee leasing company shall submit to the Agency for
3273	Workforce Innovation, Labor Market Statistics Center, or as
3274	otherwise directed by the agency, a report that must include
3275	every client establishment and each establishment of the
3276	employee leasing company and must include the following
3277	information for each establishment:
3278	(I)  The trade or establishment name.
3279	(II)  The former unemployment compensation account number,
3280	if available.
3281	(III)  The former Federal Employment Identification Number
3282	(FEIN), if available.
3283	(IV)  The industry code recognized and published by the
3284	United States Office of Management and Budget, if available.
3285	(V)  A description of the client's primary business
3286	activity in order to verify or assign an industry code.
3287	(VI)  The physical location address.
3288	(VII)  The number of full-time and part-time employees who
3289	worked during or received pay that was subject to unemployment
3290	compensation taxes for the pay period, including the 12th of the
3291	month for each month of the quarter.
3292	(VIII)  The total wages subject to unemployment
3293	compensation taxes paid during the calendar quarter.
3294	(IX)  An internal identification code to uniquely identify
3295	each establishment of each client.
3296	(X)  The month and year the client entered into the
3297	contract.
3298	(XI)  The month and year the client terminated the contract
3299	for services.
3300	b.  The report shall be submitted electronically or in a
3301	manner otherwise prescribed by the agency in the format
3302	specified by the United States Bureau of Labor Statistics for
3303	its Multiple Worksite Report for Professional Employer
3304	Organizations. The report must be provided quarterly to the
3305	Agency for Workforce Innovation, Labor Market Statistics Center,
3306	or as otherwise directed by the agency, and must be filed by the
3307	last day of the month immediately following the end of the
3308	calendar quarter. The information required in sub-sub-
3309	subparagraphs a.(X) and (XI) need only be provided in the
3310	quarter in which the contract to which it relates was entered
3311	into or terminated. The sum of the employment data and the sum
3312	of the wage data on this report must match the employment and
3313	wages reported on the unemployment compensation quarterly tax
3314	and wage report.
3315	c.  The Agency for Workforce Innovation shall have
3316	rulemaking authority as necessary to implement the provisions of
3317	this subparagraph and shall have the authority to administer,
3318	collect, enforce, and waive the penalty imposed by s.
3319	443.141(1)(b) for the report required by this subparagraph.
3320	d.  For the purposes of this subparagraph, the term
3321	"establishment" or "worksite" shall mean any location where
3322	business is conducted or where services or industrial operations
3323	are performed.
3324	3.  An individual other than an individual who is an
3325	employee under subparagraph 1. or subparagraph 2., who performs
3326	services for remuneration for any person:
3327	a.  As an agent-driver or commission-driver engaged in
3328	distributing meat products, vegetable products, fruit products,
3329	bakery products, beverages other than milk, or laundry or
3330	drycleaning services for his or her principal.
3331	b.  As a traveling or city salesperson engaged on a full-
3332	time basis in the solicitation on behalf of, and the
3333	transmission to, his or her principal of orders from
3334	wholesalers, retailers, contractors, or operators of hotels,
3335	restaurants, or other similar establishments for merchandise for
3336	resale or supplies for use in their business operations. This
3337	sub-subparagraph does not apply to an agent-driver or a
3338	commission-driver and does not apply to sideline sales
3339	activities performed on behalf of a person other than the
3340	salesperson's principal.
3341	4.  The services described in subparagraph 3. are
3342	employment subject to this chapter only if:
3343	a.  The contract of service contemplates that substantially
3344	all of the services are to be performed personally by the
3345	individual;
3346	b.  The individual does not have a substantial investment
3347	in facilities used in connection with the services, other than
3348	facilities used for transportation; and
3349	c.  The services are not in the nature of a single
3350	transaction that is not part of a continuing relationship with
3351	the person for whom the services are performed.
3352	Section 30.  Section 770.041, Florida Statutes, is created
3353	to read:
3354	770.041  Civil liability of entities that provide for
3355	business evaluations based on consumer complaints.--
3356	(1)  Any business that evaluates, ranks, or rates another
3357	business shall not be liable for any damages caused to the
3358	business being evaluated, ranked, or rated for any defamatory
3359	statement published or uttered in or as a part of an evaluation,
3360	ranking, or rating of a business unless it shall be alleged and
3361	proved by a preponderance of the evidence by the complaining
3362	party that the business that evaluated, ranked, or rated a
3363	business failed to exercise due care to prevent the publication
3364	or utterance of such statement.
3365	(2)  A business that evaluates, ranks, or rates another
3366	business shall be entitled to a presumption that due care was
3367	exercised if the business providing the evaluation, ranking, or
3368	rating provides for the business that is being evaluated,
3369	ranked, or rated to provide a response to the evaluation,
3370	ranking, or rating. The opportunity to respond must be made
3371	available to the business being evaluated, ranked, or rated at
3372	no cost. The response of a business that is being evaluated,
3373	ranked, or rated shall be published at the same time and manner
3374	that the evaluation, rating, or ranking is published.
3375	(3)  A party that prevails in proving a cause of action as
3376	provided for in subsection (1) shall be entitled to the recovery
3377	of attorney's fees, expenses, and court costs.
3378	(4)  A party that prevails in proving a cause of action as
3379	provided in this section shall be entitled to treble damages.
3380	Section 31.  Subsection (2) of section 257.193, Florida
3381	Statutes, is amended to read:
3382	257.193  Community Libraries in Caring Program.--
3383	(2)  The purpose of the Community Libraries in Caring
3384	Program is to assist libraries in rural communities, as defined
3385	in s. 288.0656(2)(b) and subject to the provisions of s.
3386	288.06561, to strengthen their collections and services, improve
3387	literacy in their communities, and improve the economic
3388	viability of their communities.
3389	Section 32.  Section 288.019, Florida Statutes, is amended
3390	to read:
3391	288.019  Rural considerations in grant review and
3392	evaluation processes.--Notwithstanding any other law, and to the
3393	fullest extent possible, the member agencies and organizations
3394	of the Rural Economic Development Initiative (REDI) as defined
3395	in s. 288.0656(6)(a) shall review all grant and loan application
3396	evaluation criteria to ensure the fullest access for rural
3397	counties as defined in s. 288.0656(2)(b) to resources available
3398	throughout the state.
3399	(1)  Each REDI agency and organization shall review all
3400	evaluation and scoring procedures and develop modifications to
3401	those procedures which minimize the impact of a project within a
3402	rural area.
3403	(2)  Evaluation criteria and scoring procedures must
3404	provide for an appropriate ranking based on the proportionate
3405	impact that projects have on a rural area when compared with
3406	similar project impacts on an urban area.
3407	(3)  Evaluation criteria and scoring procedures must
3408	recognize the disparity of available fiscal resources for an
3409	equal level of financial support from an urban county and a
3410	rural county.
3411	(a)  The evaluation criteria should weight contribution in
3412	proportion to the amount of funding available at the local
3413	level.
3414	(b)  In-kind match should be allowed and applied as
3415	financial match when a county is experiencing financial distress
3416	through elevated unemployment at a rate in excess of the state's
3417	average by 5 percentage points or because of the loss of its ad
3418	valorem base.
3419	(4)  For existing programs, the modified evaluation
3420	criteria and scoring procedure must be delivered to the Office
3421	of Tourism, Trade, and Economic Development for distribution to
3422	the REDI agencies and organizations. The REDI agencies and
3423	organizations shall review and make comments. Future rules,
3424	programs, evaluation criteria, and scoring processes must be
3425	brought before a REDI meeting for review, discussion, and
3426	recommendation to allow rural counties fuller access to the
3427	state's resources.
3428	Section 33.  Section 288.06561, Florida Statutes, is
3429	amended to read:
3430	288.06561  Reduction or waiver of financial match
3431	requirements.--Notwithstanding any other law, the member
3432	agencies and organizations of the Rural Economic Development
3433	Initiative (REDI), as defined in s. 288.0656(6)(a), shall review
3434	the financial match requirements for projects in rural areas as
3435	defined in s. 288.0656(2)(b).
3436	(1)  Each agency and organization shall develop a proposal
3437	to waive or reduce the match requirement for rural areas.
3438	(2)  Agencies and organizations shall ensure that all
3439	proposals are submitted to the Office of Tourism, Trade, and
3440	Economic Development for review by the REDI agencies.
3441	(3)  These proposals shall be delivered to the Office of
3442	Tourism, Trade, and Economic Development for distribution to the
3443	REDI agencies and organizations. A meeting of REDI agencies and
3444	organizations must be called within 30 days after receipt of
3445	such proposals for REDI comment and recommendations on each
3446	proposal.
3447	(4)  Waivers and reductions must be requested by the county
3448	or community, and such county or community must have three or
3449	more of the factors identified in s. 288.0656(2)(a).
3450	(5)  Any other funds available to the project may be used
3451	for financial match of federal programs when there is fiscal
3452	hardship, and the match requirements may not be waived or
3453	reduced.
3454	(6)  When match requirements are not reduced or eliminated,
3455	donations of land, though usually not recognized as an in-kind
3456	match, may be permitted.
3457	(7)  To the fullest extent possible, agencies and
3458	organizations shall expedite the rule adoption and amendment
3459	process if necessary to incorporate the reduction in match by
3460	rural areas in fiscal distress.
3461	(8)  REDI shall include in its annual report an evaluation
3462	on the status of changes to rules, number of awards made with
3463	waivers, and recommendations for future changes.
3464	Section 34.  Subsection (2) of section 288.7094, Florida
3465	Statutes, is amended to read:
3466	288.7094  Black business investment corporations.--
3467	(2)  A black business investment corporation that meets the
3468	requirements of s. 288.7102(4)(3) is eligible to participate in
3469	the Black Business Loan Program and shall receive priority
3470	consideration by the Office of Tourism, Trade, and Economic
3471	Development for participation in the program.
3472	Section 35.  Paragraph (d) of subsection (15) of section
3473	627.6699, Florida Statutes, is amended to read:
3474	627.6699  Employee Health Care Access Act.--
3475	(15)  SMALL EMPLOYERS ACCESS PROGRAM.--
3476	(d)  Eligibility.--
3477	1.  Any small employer that is actively engaged in
3478	business, has its principal place of business in this state,
3479	employs up to 25 eligible employees on business days during the
3480	preceding calendar year, employs at least 2 employees on the
3481	first day of the plan year, and has had no prior coverage for
3482	the last 6 months may participate.
3483	2.  Any municipality, county, school district, or hospital
3484	employer located in a rural community as defined in s.
3485	288.0656(2)(b) may participate.
3486	3.  Nursing home employers may participate.
3487	4.  Each dependent of a person eligible for coverage is
3488	also eligible to participate.
3489
3490	Any employer participating in the program must do so until the
3491	end of the term for which the carrier providing the coverage is
3492	obligated to provide such coverage to the program. Coverage for
3493	a small employer group that ceases to meet the eligibility
3494	requirements of this section may be terminated at the end of the
3495	policy period for which the necessary premiums have been paid.
3496	Section 36.  In order to carry out the additional
3497	responsibilities in this act, two full-time equivalent positions
3498	and the recurring sum of $160,000 for associated salaries and
3499	benefits is appropriated from the General Revenue Fund to the
3500	Office of Tourism, Trade, and Economic Development.
3501	Section 37.  If any provision of this act or its
3502	application to any person or circumstance is held invalid, the
3503	invalidity does not affect other provisions or applications of
3504	the act which can be given effect without the invalid provision
3505	or application, and to this end the provisions of this act are
3506	declared severable.
3507	Section 38.  Except as otherwise expressly provided in
3508	this act, this act shall take effect July 1, 2008.

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