Florida Senate - 2011         (PROPOSED COMMITTEE BILL) SPB 7202
       
       
       
       FOR CONSIDERATION By the Committee on Budget
       
       
       
       
       576-03068B-11                                         20117202__
    1                        A bill to be entitled                      
    2         An act relating to governmental reorganization;
    3         transferring the functions and trust funds of the
    4         Agency for Workforce Innovation to other agencies;
    5         transferring the Office of Early Learning Services to
    6         the Department of Education; transferring the Office
    7         of Unemployment Compensation to Jobs Florida;
    8         transferring the Office of Workforce Services to Jobs
    9         Florida; transferring the functions and trust funds of
   10         the Department of Community Affairs to other agencies;
   11         transferring the Florida Housing Finance Corporation
   12         to Jobs Florida; transferring the Division of Housing
   13         and Community Development to Jobs Florida;
   14         transferring the Division of Community Planning to
   15         Jobs Florida; transferring the Division of Emergency
   16         Management to the Executive Office of the Governor and
   17         renaming it as the “Office of Emergency Management”;
   18         transferring the Florida Building Commission to the
   19         Department of Business and Professional Regulation;
   20         transferring the responsibilities under the Florida
   21         Communities Trust to the Department of Environmental
   22         Protection; transferring the responsibilities under
   23         the Stan Mayfield Working Waterfronts program to the
   24         Department of Environmental Protection; transferring
   25         functions and trust funds of the Office of Tourism,
   26         Trade, and Economic Development in the Executive
   27         Office of the Governor to Jobs Florida; providing
   28         legislative intent with respect to the transfer of
   29         programs and administrative responsibilities;
   30         providing for a transition period; providing for
   31         coordination between the Agency for Workforce
   32         Innovation, the Department of Community Affairs, and
   33         the Office of Tourism, Trade, and Economic Development
   34         and other state agencies to implement the transition;
   35         requiring that the Governor appoint a representative
   36         to coordinate the transition plan; requiring that the
   37         Governor submit information and obtain waivers as
   38         required by federal law; authorizing the Governor to
   39         transfer funds and positions between agencies upon
   40         approval from the Legislative Budget Commission to
   41         implement the act; directing the nonprofit entities to
   42         enter into a plan for merger; transferring the
   43         functions of Space Florida to the Jobs Florida
   44         Partnership, Inc.; providing legislative intent with
   45         respect to the merger of Enterprise Florida, Inc., the
   46         Florida Sports Foundation Incorporated, the Florida
   47         Tourism Industry Marketing Corporation d/b/a VISIT
   48         Florida, and the Florida Black Business Investment
   49         Board, Inc., into and the transfer of Space Florida to
   50         the Jobs Florida Partnership, Inc.; providing for a
   51         transition period; requiring that the Governor appoint
   52         a representative to coordinate the transition plan;
   53         providing for the transfer of any funds held in trust
   54         by the entities to be transferred to the Jobs Florida
   55         Partnership, Inc., to be used for their original
   56         purposes; requiring that the Governor submit
   57         information and obtain waivers as required by federal
   58         law; providing a directive to the Division of
   59         Statutory Revision to prepare conforming legislation;
   60         creating s. 14.2016, F.S.; establishing the Office of
   61         Emergency Management as a separate budget entity
   62         within the Executive Office of the Governor; providing
   63         for the director of the office to serve at the
   64         pleasure of the Governor; amending s. 20.15, F.S.;
   65         establishing the Division of Early Learning within the
   66         Department of Education; providing for the office to
   67         administer the school readiness system and the
   68         Voluntary Prekindergarten Education Program; amending
   69         s. 20.60, F.S.; creating Jobs Florida as a new
   70         department of state government; providing for the
   71         commissioner of Jobs Florida to be appointed by the
   72         Governor and confirmed by the Senate; establishing
   73         divisions of Jobs Florida and specifying their
   74         responsibilities; providing for Jobs Florida to serve
   75         as the designated agency for the purposes of federal
   76         workforce development grants; authorizing Jobs Florida
   77         to contract for training for employees of
   78         administrative entities and case managers of
   79         contracted providers; specifying that the Unemployment
   80         Appeals Commission is not subject to control,
   81         supervision, or direction from Jobs Florida;
   82         specifying the responsibilities of the commissioner of
   83         Jobs Florida; limiting the amount of the
   84         commissioner’s public remuneration; specifying powers
   85         and responsibilities of the Chief Inspector General in
   86         the Executive Office of the Governor with respect to
   87         Jobs Florida; providing for Jobs Florida to have an
   88         official seal; providing for Jobs Florida to
   89         administer the role of state government with respect
   90         to laws relating to housing; authorizing Jobs Florida
   91         to adopt rules; amending s. 112.044, F.S.; requiring
   92         an employer, employment agency, and labor organization
   93         to post notices required by the United States
   94         Department of Labor and the United States Equal
   95         Employment Opportunity Commission; amending s.
   96         163.3164, F.S.; redefining the terms “state land
   97         planning agency” and “optional sector plans”; amending
   98         ss. 163.3177 and 163.3180, F.S.; deleting the word
   99         “optional” from the phrase “optional sector plans” to
  100         conform to changes made by the act; amending s.
  101         163.3184, F.S.; creating exceptions to requirements
  102         for comprehensive plan amendments to be reviewed by
  103         the state land planning agency; requiring the state
  104         land planning agency to submit a copy of a
  105         comprehensive plan or plan amendment that relates to
  106         or includes a public schools facilities element to the
  107         Department of Education; amending s. 163.3191, F.S.;
  108         creating exceptions to requirements for a local
  109         government to prepare an evaluation and appraisal
  110         report to assess progress in implementing the local
  111         government’s comprehensive plan; deleting requirements
  112         for a local government to include in an evaluation and
  113         appraisal report certain statements to update a
  114         comprehensive plan; deleting a requirement for a local
  115         government to provide a proposed evaluation and
  116         appraisal report to certain entities and interested
  117         citizens; deleting provisions relating to a
  118         requirement for a local government to adopt an
  119         evaluation and appraisal report; providing for the
  120         report to be submitted as data and analysis in support
  121         of the amendments based on evaluation and appraisal
  122         report; deleting provisions relating to the delegation
  123         of the review of evaluation and appraisal reports;
  124         authorizing the state land planning agency to
  125         establish a phased schedule for adoption of amendments
  126         based on an evaluation and appraisal report; deleting
  127         a requirement for the state land planning agency to
  128         review the evaluation and appraisal report process and
  129         submit a report to the Governor and the Legislature
  130         regarding its findings; amending s. 163.3245, F.S.;
  131         renaming optional sector plans as sector plans;
  132         increasing the minimum size of geographic areas that
  133         qualify for the use of sector plans; revising
  134         terminology relating to such plans; deleting obsolete
  135         provisions; renaming long-term conceptual buildout
  136         overlays as long-term master plans; revising the
  137         content required to be included in long-term master
  138         plans and detailed specified area plans; requiring
  139         identification of water development projects and
  140         transportation facilities to serve future development
  141         needs; exempting certain developments from the
  142         requirement to develop a detailed specific area plan;
  143         providing that detailed specific area plans shall be
  144         adopted by local development orders; requiring that
  145         detailed specific area plans include a buildout date
  146         and precluding certain changes in the development
  147         until after that date; authorizing certain development
  148         agreements between the developer and the local
  149         government; providing for continuation of certain
  150         existing land uses; amending s. 163.3246, F.S.;
  151         deleting the word “optional” from the phrase “optional
  152         sector plans” to conform to changes made by the act;
  153         amending s. 163.32465, F.S.; making the alternative
  154         state review of comprehensive plan amendments
  155         applicable statewide; amending s. 215.559, F.S.;
  156         providing for the Hurricane Loss Mitigation Program to
  157         be housed within the Office of Emergency Management;
  158         extending the repeal date of the program; deleting an
  159         obsolete provision relating to the use of funds for
  160         programs to retrofit certain existing hurricane
  161         shelters; creating s. 288.005, F.S.; defining the
  162         terms “economic benefits” and “commissioner”; creating
  163         s. 288.048, F.S.; creating the incumbent worker
  164         training program within Jobs Florida; providing for
  165         the program to provide preapproved, direct, training
  166         related costs; providing for the administration of the
  167         program by Jobs Florida in conjunction with Workforce
  168         Florida, Inc.; amending s. 288.061, F.S.; providing
  169         for Jobs Florida and the Jobs Florida Partnership,
  170         Inc., to review applications for state economic
  171         development incentives; authorizing Jobs Florida to
  172         enter into an agreement with an applicant relating to
  173         all incentives offered by the state; amending s.
  174         288.095, F.S.; providing for the Economic Development
  175         Incentives account to be used for certain economic
  176         development incentives programs; providing for Jobs
  177         Florida to approve applications for certification or
  178         requests for participation in certain economic
  179         development programs; amending s. 288.1081, F.S.;
  180         providing for the Economic Gardening Business Loan
  181         Pilot Program to be administered by Jobs Florida;
  182         deleting provisions providing for certain funds to be
  183         deposited into the General Revenue Fund; deleting
  184         provisions that provide for the future repeal of the
  185         program; amending s. 288.1082, F.S.; providing for the
  186         Economic Gardening Technical Assistance Pilot Program
  187         to be administered by Jobs Florida; requesting the
  188         Division of Statutory Revision to rename part VII of
  189         ch. 288, F.S., as “Jobs Florida Partnership, Inc.”;
  190         amending s. 288.901, F.S.; creating the Jobs Florida
  191         Partnership, Inc., as a nonprofit corporation;
  192         specifying that the partnership is subject to the
  193         provisions of chs. 119 and 286, F.S.; specifying that
  194         partnership’s board of directors is subject to certain
  195         requirements in ch. 112, F.S.; specifying the purposes
  196         of the partnership; creating the board of directors
  197         for the partnership; naming the Governor as chair of
  198         the board of directors; specifying appointment
  199         procedures, terms of office, selecting a vice
  200         chairperson, filling vacancies, and removing board
  201         members; providing for the appointment of at-large
  202         members to the board of directors; specifying terms;
  203         allowing the at-large members to make contributions to
  204         the partnership; specifying that the commissioner of
  205         Jobs Florida and the chairs of the advisory councils
  206         for each division shall serve as ex officio, nonvoting
  207         members of the board of directors; specifying that
  208         members of the board of directors shall serve without
  209         compensation, but are entitled to reimbursement for
  210         all reasonable, necessary, and actual expenses as
  211         determined by the board of directors; amending s.
  212         288.9015, F.S.; specifying the powers of the
  213         partnership and the board of directors; authorizing
  214         liberal construction of the partnership’s statutory
  215         powers; prohibiting the partnership from pledging the
  216         full faith and credit of the state; allowing the
  217         partnership to indemnify, purchase, and maintain
  218         insurance on its board members, officers, and
  219         employees; amending s. 288.903, F.S.; specifying the
  220         duties of the partnership; amending s. 288.904, F.S.;
  221         providing for legislative appropriations; requiring a
  222         private match equal to at least 35 percent of the
  223         appropriation of public funds; specifying potential
  224         sources of private funding; directing the board of
  225         directors to develop annual budgets; providing for the
  226         partnership to enter into an agreement with Jobs
  227         Florida; requiring performance measures; requiring
  228         review of the partnership’s activities as a return on
  229         the public’s financial investment; directing the
  230         partnership to consult with the Office of Economic and
  231         Demographic Research when hiring an economic analysis
  232         firm to prepare the return on investment analysis and
  233         when hiring a survey research firm to develop, analyze
  234         and report on the results of its customer satisfaction
  235         survey; amending s. 288.905, F.S.; directing the
  236         partnership’s board of directors to hire a president,
  237         who shall serve at the pleasure of the Governor;
  238         defining the president’s role and responsibilities;
  239         specifying that no employee of the partnership shall
  240         earn more than the Governor, but provides for the
  241         granting of performance-based incentive payments to
  242         employees that may increase their total compensation
  243         in excess of the Governor’s; amending s. 288.906,
  244         F.S.; requiring the partnership to prepare an annual
  245         report by December 1 of each year; specifying the
  246         content of the annual report; creating s. 288.907,
  247         F.S.; requiring the partnership to create an annual
  248         incentives report; specifying the required components
  249         of the report; amending s. 288.911, F.S.; requiring
  250         the partnership to promote and market this state to
  251         businesses in target industries and high-impact
  252         industries; creating s. 288.912, F.S.; requiring that
  253         certain counties and municipalities annually provide
  254         to the partnership an overview of certain local
  255         economic development activities; creating s. 288.92,
  256         F.S.; specifying divisions within the partnership;
  257         providing for hiring of staff; requiring each division
  258         to have a 15-member advisory council; specifying
  259         selection and appointments to the advisory council;
  260         creating s. 288.921, F.S.; creating the Division of
  261         International Trade and Business Development;
  262         specifying its responsibilities; providing for
  263         administration of a grant program; specifying minimum
  264         responsibilities of the advisory board; requiring an
  265         annual report; creating s. 288.922, F.S.; creating the
  266         Division of Business Retention and Recruitment;
  267         specifying its responsibilities; specifying minimum
  268         responsibilities of the advisory board; requiring an
  269         annual report; creating s. 288.923, F.S.; creating the
  270         Division of Tourism Marketing; providing definitions;
  271         specifying the division’s responsibilities and duties,
  272         including a 4-year marketing plan; specifying minimum
  273         responsibilities of the advisory board; requiring an
  274         annual report; creating s. 288.925, F.S.; creating the
  275         Division of Minority Business Development; specifying
  276         the division’s responsibilities and duties; requiring
  277         an annual report; specifying minimum responsibilities
  278         of the advisory council; transferring, renumbering,
  279         and amending s. 288.1229, F.S.; creating the Division
  280         of Sports Industry Development; specifying the
  281         division’s responsibilities; requiring an annual
  282         report; specifying minimum responsibilities of the
  283         advisory board; amending s. 409.942, F.S.; deleting
  284         requirements that Workforce Florida, Inc., establish
  285         an electronic transfer benefit program; amending s.
  286         411.0102, F.S.; requiring each participating early
  287         learning coalition board to develop a plan for the use
  288         of child care purchasing pool funds; amending s.
  289         1002.73, F.S.; requiring the Department of Education
  290         to administer the operational requirements of the
  291         Voluntary Prekindergarten Education Program; requiring
  292         the Department of Education to adopt procedures
  293         governing the administration of the Voluntary
  294         Prekindergarten Education Program by the early
  295         learning coalitions and school districts; requiring
  296         the Department of Education to adopt procedures for
  297         the distribution of funds to early learning
  298         coalitions; amending ss. 11.45, 14.2015, 14.20195,
  299         15.18, 15.182, 16.615, 39.001, 45.031 69.041,
  300         112.3135, 119.071, 120.80, 125.01045, 159.803,
  301         159.8081, 159.8083, 161.54, 163.03, 163.3178,
  302         163.3221, 163.360, 166.0446, 175.021, 186.504,
  303         186.505, 202.037, 212.08, 212.096, 212.097, 212.098,
  304         212.20, 213.053, 215.5586, 216.136, 216.292, 216.231,
  305         218.64, 220.03, 220.183, 220.191, 222.15, 250.06,
  306         252.32, 252.34, 252.35, 252.355, 252.3568, 252.36,
  307         252.365, 252.37, 252.371, 252.373, 252.38, 252.385,
  308         252.40, 252.41, 252.42, 252.43, 252.44, 252.46,
  309         252.55, 252.60, 252.61, 252.82, 252.83, 252.85,
  310         252.86, 252.87, 252.88, 252.936, 252.937, 252.943,
  311         252.946, 255.099, 259.035, 260.0142, 272.11, 282.34,
  312         282.709, 287.09431, 287.09451, 287.0947, 288.012,
  313         288.017, 288.018, 288.019, 288.021, 288.035, 288.047,
  314         288.065, 288.0655, 288.0656, 288.06561, 288.0657,
  315         288.0658, 288.0659, 288.075, 288.1045, 288.106,
  316         288.107, 288.108, 288.1083, 288.1088, 288.1089,
  317         288.1095, 288.1162, 288.11621, 288.1168, 288.1169,
  318         288.1171, 288.122, 288.12265, 288.124, 288.1251,
  319         288.1252, 288.1253, 288.1254, 288.386, 288.7011,
  320         288.705, 288.706, 288.7094, 288.7102, 288.714,
  321         288.773, 288.774, 288.776, 288.7771, 288.816, 288.809,
  322         288.826, 288.95155, 288.955, 288.9519, 288.9520,
  323         288.9603, 288.9604, 288.9605, 288.9606, 288.9614,
  324         288.9624, 288.9625, 288.975, 288.980, 288.984,
  325         288.9913, 288.9914, 288.9916, 288.9917, 288.9918,
  326         288.9919, 288.9920, 288.9921, 290.004, 290.0055,
  327         290.0056, 290.0065, 290.0066, 290.00710, 290.0072,
  328         290.00725, 290.0073, 290.0074, 290.0077, 290.014,
  329         311.09, 311.11, 311.115, 311.22, 320.08058, 331.302,
  330         331.3081, 331.369, 339.08, 339.135, 364.0135, 377.703,
  331         377.711, 377.712, 377.804, 380.031, 380.06, 380.115,
  332         380.285, 381.0054, 381.0086, 381.7354, 381.855,
  333         383.14, 402.281, 402.45, 402.56, 403.42, 403.7032,
  334         403.973, 409.017, 409.1451, 409.2576, 409.944,
  335         409.946, 411.01, 411.0101, 411.01013, 411.01014,
  336         411.01015, 411.0103, 411.0104, 411.0106, 411.011,
  337         411.226, 411.227, 414.24, 414.40, 414.295, 414.411,
  338         420.631, 420.635, 429.907, 440.12, 440.15, 440.381,
  339         440.385, 440.49, 443.012, 443.036, 443.041, 443.051,
  340         443.071, 443.091, 443.101, 443.111, 443.1113,
  341         443.1115, 443.1116, 443.1215, 443.1216, 443.1217,
  342         443.131, 443.1312, 443.1313, 443.1315, 443.1316,
  343         443.1317, 443.141, 443.151, 443.163, 443.171,
  344         443.1715, 443.181, 443.191, 443.211, 443.221, 445.002,
  345         445.004, 445.006, 445.007, 445.009, 445.016, 445.024,
  346         445.0325, 445.038, 445.045, 445.048, 445.049, 445.051,
  347         445.056, 446.41, 446.44, 446.50, 446.52, 448.109,
  348         448.110, 450.161, 450.191, 450.31, 464.203, 468.529,
  349         469.002, 469.003, 489.1455, 489.5335, 526.143,
  350         526.144, 551.104, 553.62, 570.248, 570.96, 597.006,
  351         624.5105, 625.3255, 627.0628, 657.042, 658.67, 768.13,
  352         943.03, 943.03101, 943.0311, 943.0312, 943.0313,
  353         944.012, 944.708, 944.801, 945.10, 985.601, 1002.375,
  354         1002.53, 1002.55, 1002.61, 1002.63, 1002.67, 1002.69,
  355         1002.71, 1002.72, 1002.77, 1002.79, 1003.491,
  356         1003.492, 1003.493, 1003.575, 1003.4285, 1003.493,
  357         1004.226, 1004.65, 1004.77, 1004.78, 1008.39, 1008.41,
  358         1011.76, and 1012.2251, F.S.; conforming provisions to
  359         changes made by the act; conforming cross-references;
  360         deleting obsolete provisions; transferring,
  361         renumbering, and amending ss. 20.505 and 1004.99,
  362         F.S.; conforming provisions to changes made by the
  363         act; repealing s. 14.2015, F.S., which relates to the
  364         creation of the Office of Tourism, Trade, and Economic
  365         Development; repealing s. 20.18, F.S., which relates
  366         to the creation of the Department of Community
  367         Affairs; repealing s. 20.50, F.S., which relates to
  368         the creation of the Agency for Workforce Innovation;
  369         repealing ss. 255.551, 255.552, 255.553, 255.5535,
  370         255.555, 255.556, 255.557, 255.5576, 255.558, 255.559,
  371         255.56, 255.561, 255.562, and 255.563, F.S., which
  372         relates to the abatement of asbestos in state
  373         buildings; repealing s. 287.115, F.S., which relates
  374         to a requirement for the Chief Financial Officer to
  375         submit a report on contractual service contracts
  376         disallowed; repealing s. 288.038, F.S., which relates
  377         to agreements appointing county tax collectors as an
  378         agent of the Department of Labor and Employment
  379         Security for licenses and other similar registrations;
  380         repealing s. 288.063, F.S., which relates to contracts
  381         for transportation projects with the Office of
  382         Tourism, Trade, and Economic Development; repealing
  383         ss. 288.1221, 288.1222, 288.1223, 288.1224, 288.1226,
  384         and 288.1227, F.S., which relate to the Florida
  385         Commission on Tourism and the Florida Tourism Industry
  386         Marketing Corporation; repealing ss. 288.7065,
  387         288.707, 288.708, 288.709, 288.7091, and 288.712,
  388         F.S., which relate to the Black Business Investment
  389         Board; repealing s. 288.12295, F.S., which relates to
  390         a public records exemption for donors for a direct
  391         support organization on promotion and development of
  392         sports-related industries and amateur athletics;
  393         repealing s. 288.90151, F.S., which relates to Return
  394         on investment from activities of Enterprise Florida,
  395         Inc.; repealing s. 288.9618, F.S., which relates to an
  396         economic development program for microenterprises;
  397         repealing s. 288.982, F.S., which relates to a public
  398         records exemption for certain records relating to the
  399         United States Department of Defense Base Realignment
  400         and Closure 2005 process; repealing s. 288.9415, F.S.,
  401         which relates to Enterprise Florida, Inc., and
  402         international trade grants; repealing s. 411.0105,
  403         F.S., which designates the Agency for Workforce
  404         Innovation as the lead agency to administer specified
  405         federal laws; repealing s. 446.60, F.S., which relates
  406         to assistance for displaced local exchange
  407         telecommunications company workers; providing an
  408         effective date.
  409  
  410  Be It Enacted by the Legislature of the State of Florida:
  411  
  412         Section 1. Type two transfers from the Agency for Workforce
  413  Innovation.—
  414         (1) All powers, duties, functions, records, offices,
  415  personnel, associated administrative support positions,
  416  property, pending issues, existing contracts, administrative
  417  authority, administrative rules, and unexpended balances of
  418  appropriations, allocations, and other funds relating to the
  419  following programs in the Agency for Workforce Innovation are
  420  transferred by a type two transfer, as defined in s. 20.06(2),
  421  Florida Statutes, as follows:
  422         (a) The Office of Early Learning Services, including all
  423  related policies and procedures, is transferred to the
  424  Department of Education.
  425         (b) The Office of Unemployment Compensation is transferred
  426  to Jobs Florida.
  427         (c)The Office of Workforce Services is transferred to Jobs
  428  Florida.
  429         (2) The following trust funds are transferred:
  430         (a) From the Agency for Workforce Innovation to the
  431  Department of Education, the Child Care and Development Block
  432  Grant Trust Fund.
  433         (b) From the Agency for Workforce Innovation to Jobs
  434  Florida:
  435         1. The Administrative Trust Fund.
  436         2. The Employment Security Administration Trust Fund.
  437         3. The Special Employment Security Administration Trust
  438  Fund.
  439         4. The Unemployment Compensation Benefit Trust Fund.
  440         5. The Unemployment Compensation Clearing Trust Fund.
  441         6. The Revolving Trust Fund.
  442         7. The Welfare Transition Trust Fund.
  443         8. The Displaced Homemaker Trust Fund.
  444         (3) Any binding contract or interagency agreement existing
  445  before July 1, 2011, between the Agency for Workforce
  446  Innovation, or an entity or agent of the agency, and any other
  447  agency, entity, or person shall continue as a binding contract
  448  or agreement for the remainder of the term of such contract or
  449  agreement on the successor department, agency, or entity
  450  responsible for the program, activity, or functions relative to
  451  the contract or agreement.
  452         (4) All powers, duties, functions, records, offices,
  453  personnel, property, pending issues, and existing contracts,
  454  administrative authority, administrative rules, and unexpended
  455  balances of appropriations, allocations, and other funds
  456  relating to the Agency for Workforce Innovation which are not
  457  specifically transferred by this section are transferred by a
  458  type two transfer, as defined in s. 20.06(2), Florida Statutes,
  459  to Jobs Florida.
  460         Section 2. Type two transfers from the Department of
  461  Community Affairs.—
  462         (1) All powers, duties, functions, records, offices,
  463  personnel, associated administrative support positions,
  464  property, pending issues, existing contracts, administrative
  465  authority, administrative rules, and unexpended balances of
  466  appropriations, allocations, and other funds relating to the
  467  following programs in the Department of Community Affairs are
  468  transferred by a type two transfer, as defined in s. 20.06(2),
  469  Florida Statutes, as follows:
  470         (a) The Florida Housing Finance Corporation is transferred
  471  to Jobs Florida.
  472         (b)The Division of Housing and Community Development is
  473  transferred to Jobs Florida.
  474         (c)The Division of Community Planning is transferred to
  475  Jobs Florida.
  476         (d) The Division of Emergency Management is transferred to
  477  the Executive Office of the Governor, and is renamed the Office
  478  of Emergency Management.
  479         (e) The Florida Building Commission is transferred to the
  480  Department of Business and Professional Regulation.
  481         (f) The responsibilities under the Florida Communities
  482  Trust, part III of chapter 380, Florida Statutes, are
  483  transferred to the Department of Environmental Protection.
  484         (g) The responsibilities under the Stan Mayfield Working
  485  Waterfronts program authorized in s. 380.5105, Florida Statutes,
  486  are transferred to the Department of Environmental Protection.
  487         (2) The following trust funds are transferred:
  488         (a) From the Department of Community Affairs to Jobs
  489  Florida:
  490         1. The Administrative Trust Fund.
  491         2. The State Housing Trust Fund.
  492         3. The Community Services Block Grant Trust Fund.
  493         4. The Local Government Housing Trust Fund.
  494         5. The Florida Small Cities Community Development Block
  495  Grant Trust Fund.
  496         6. The Federal Grants Trust Fund.
  497         7. The Grants and Donations Trust Fund.
  498         8. The Energy Consumption Trust Fund.
  499         9. The Low-Income Home Energy Assistance Trust Fund.
  500         (b) From the Department of Community Affairs to the
  501  Executive Office of the Governor:
  502         1. The Emergency Management Preparedness and Assistance
  503  Trust Fund.
  504         2. The Federal Emergency Management Programs Support Trust
  505  Fund.
  506         3. The U.S. Contributions Trust Fund.
  507         (c) From the Department of Community Affairs to the
  508  Department of Business and Professional Regulation, the
  509  Operating Trust Fund of the Florida Building Commission.
  510         (d) From the Department of Community Affairs to the
  511  Department of Environmental Protection:
  512         1. The Florida Forever Program Trust Fund.
  513         2. The Florida Communities Trust Fund.
  514         (3) Any binding contract or interagency agreement existing
  515  before July 1, 2011, between the Department of Community Affairs
  516  or Division of Emergency Management, or an entity or agent of
  517  the department or division, and any other agency, entity, or
  518  person shall continue as a binding contract or agreement for the
  519  remainder of the term of such contract or agreement on the
  520  successor department, agency, or entity responsible for the
  521  program, activity, or functions relative to the contract or
  522  agreement.
  523         (4) All powers, duties, functions, records, offices,
  524  personnel, property, pending issues, and existing contracts,
  525  administrative authority, administrative rules, and unexpended
  526  balances of appropriations, allocations, and other funds
  527  relating to the Department of Community Affairs which are not
  528  specifically transferred by this section are transferred by a
  529  type two transfer, as defined in s. 20.06(2), Florida Statutes,
  530  to Jobs Florida.
  531         Section 3. Type two transfers from Executive Office of the
  532  Governor.—
  533         (1) All powers, duties, functions, records, offices,
  534  personnel, associated administrative support positions,
  535  property, pending issues, existing contracts, administrative
  536  authority, administrative rules, and unexpended balances of
  537  appropriations, allocations, and other funds relating to the
  538  Office of Tourism, Trade, and Economic Development in the
  539  Executive Office of the Governor are transferred by a type two
  540  transfer, as defined in s. 20.06(2), Florida Statutes, to Jobs
  541  Florida.
  542         (2) The following trust funds are transferred from the
  543  Executive Office of the Governor to Jobs Florida:
  544         (a) The Economic Development Trust Fund.
  545         (b) The Economic Development Transportation Trust Fund.
  546         (c) The Tourism Promotional Trust Fund.
  547         (d) The Professional Sports Development Trust Fund.
  548         (e) The Florida International Trade and Promotion Trust
  549  Fund.
  550         (3) Any binding contract or interagency agreement existing
  551  before July 1, 2011, between the Office of Tourism, Trade, and
  552  Economic Development in the Executive Office of the Governor, or
  553  an entity or agent of the office, and any other agency, entity,
  554  or person shall continue as a binding contract or agreement for
  555  the remainder of the term of such contract or agreement on the
  556  successor department, agency, or entity responsible for the
  557  program, activity, or functions relative to the contract or
  558  agreement.
  559         (4) All powers, duties, functions, records, offices,
  560  personnel, property, pending issues, and existing contracts,
  561  administrative authority, administrative rules, and unexpended
  562  balances of appropriations, allocations, and other funds
  563  relating to the Office of Tourism, Trade, and Economic
  564  Development in the Executive Office of the Governor which are
  565  not specifically transferred by this section are transferred by
  566  a type two transfer, as defined in s. 20.06(2), Florida
  567  Statutes, to Jobs Florida.
  568         Section 4. (1) It is the intent of the Legislature that the
  569  changes made by this act be accomplished with minimal disruption
  570  of services provided to the public and with minimal disruption
  571  to employees of any organization. To that end, the Legislature
  572  directs all applicable units of state government to contribute
  573  to the successful implementation of this act, and the
  574  Legislature believes that a transition period between the
  575  effective date of this act and October 1, 2011, is appropriate
  576  and warranted.
  577         (2) The Agency for Workforce Innovation, the Department of
  578  Community Affairs, and the Office of Tourism, Trade, and
  579  Economic Development in the Executive Office of the Governor
  580  shall each coordinate the development and implementation of a
  581  transition plan that supports the implementation of this act.
  582  Any state agency identified by either the Agency for Workforce
  583  Innovation, the Department of Community Affairs, or the Office
  584  of Tourism, Trade, and Economic Development in the Executive
  585  Office of the Governor shall cooperate fully in developing and
  586  implementing the plan and shall dedicate the financial and staff
  587  resources that are necessary to implement the plan. The Agency
  588  for Workforce Innovation, the Department of Community Affairs,
  589  and the Office of Tourism, Trade, and Economic Development in
  590  the Executive Office of the Governor shall each designate a
  591  staff member to serve as the primary representative on matters
  592  related to implementing this act and the transition plans
  593  required under this section.
  594         (3) The Governor shall designate a staff member of the
  595  Office of Planning and Budgeting to serve as the Governor’s
  596  primary representative on matters related to implementing this
  597  act for the Agency for Workforce Innovation, the Department of
  598  Community Affairs, and the Office of Tourism, Trade, and
  599  Economic Development and the transition plans required under
  600  this section. Each representative shall report to the Governor,
  601  the President of the Senate, and the Speaker of the House of
  602  Representatives on the progress of implementing this act and the
  603  transition plans, including, but not limited to, any adverse
  604  impact or negative consequences on programs and services related
  605  to meeting any deadline imposed by this act, and any
  606  difficulties experienced by the Agency for Workforce Innovation,
  607  the Department of Community Affairs, or the Office of Tourism,
  608  Trade, and Economic Development in securing the full
  609  participation and cooperation of applicable state agencies. Each
  610  representative shall also coordinate the submission of any
  611  budget amendments, in accordance with chapter 216, Florida
  612  Statutes, which may be necessary to implement this act.
  613         (4) Notwithstanding ss. 216.292 and 216.351, Florida
  614  Statutes, upon approval by the Legislative Budget Commission,
  615  the Executive Office of the Governor may transfer funds and
  616  positions between agencies to implement this act.
  617         (5) Upon the recommendation and guidance of the primary
  618  representative of the Agency for Workforce Innovation, the
  619  Department of Community Affairs, or the Office of Tourism,
  620  Trade, and Economic Development, the Governor shall submit in a
  621  timely manner to the applicable federal departments or agencies
  622  any necessary amendments or supplemental information concerning
  623  plans that the state is required to submit to the Federal
  624  Government in connection with any federal or state program. The
  625  Governor shall seek any waivers from the requirements of Federal
  626  law or rules which may be necessary to administer the provisions
  627  of this act.
  628         (6) The transfer of any program, activity, duty, or
  629  function under this act includes the transfer of any records and
  630  unexpended balances of appropriations, allocations, or other
  631  funds related to such program, activity, duty, or function.
  632  Unless otherwise provided, the successor organization to any
  633  program, activity, duty, or function transferred under this act
  634  shall become the custodian of any property of the organization
  635  that was responsible for the program, activity, duty, or
  636  function immediately prior to the transfer.
  637         Section 5. (1) The nonprofit corporations established in
  638  ss. 288.901, 288.1229, 288.1226, and 288.707, Florida Statutes,
  639  are merged into, and the independent special district
  640  established in s. 331.302, Florida Statutes, is transferred to a
  641  new nonprofit corporation established by this act called the
  642  “Jobs Florida Partnership, Inc.”
  643         (2) Enterprise Florida, Inc., the Florida Sports Foundation
  644  Incorporated, the Florida Tourism Industry Marketing Corporation
  645  d/b/a VISIT Florida, and the Florida Black Business Investment
  646  Board, Inc., must enter into a plan to merge into the Jobs
  647  Florida Partnership, Inc. Such merger must be completed by
  648  December 31, 2011. The merger is subject to chapter 617, Florida
  649  Statutes, related to the merger of nonprofit corporations.
  650         (3) The independent special district of Space Florida, and
  651  all powers, duties, functions, records, offices, personnel,
  652  property, pending issues, existing contracts, administrative
  653  authority, administrative rules, and unexpended balances of
  654  appropriations, allocations, and other funds relating to it, are
  655  transferred to the Jobs Florida Partnership, Inc.
  656         (4) It is the intent of the Legislature that the changes
  657  made by this act be accomplished with minimal disruption of
  658  services provided to the public and with minimal disruption to
  659  employees of any organization. To that end, the Legislature
  660  directs that notwithstanding the changes made by this act,
  661  Enterprise Florida, Inc., the Florida Sports Foundation
  662  Incorporated, the Florida Tourism Industry Marketing Corporation
  663  d/b/a VISIT Florida, and the Florida Black Business Investment
  664  Board, Inc., may continue with such powers, duties, functions,
  665  records, offices, personnel, property, pending issues, and
  666  existing contracts as provided in Florida Statutes 2010 until
  667  December 31, 2011. The Legislature believes that a transition
  668  period between the effective date of this act and December 31,
  669  2011, is appropriate and warranted.
  670         (5) The Governor shall designate a staff member of the
  671  Office of Planning and Budgeting to serve as the Governor’s
  672  primary representative on matters related to implementing this
  673  act for the merger of Enterprise Florida, Inc., the Florida
  674  Sports Foundation Incorporated, the Florida Tourism Industry
  675  Marketing Corporation d/b/a VISIT Florida, and the Florida Black
  676  Business Investment Board, Inc., into, and the transfer of Space
  677  Florida to the Jobs Florida Partnership, Inc., and the
  678  transition plans required under this section. The representative
  679  shall report to the Governor, the President of the Senate, and
  680  the Speaker of the House of Representatives on the progress of
  681  implementing this act and the transition plans, including, but
  682  not limited to, any adverse impact or negative consequences on
  683  programs and services related to meeting any deadline imposed by
  684  this act, and any difficulties experienced by the entities. The
  685  representative shall also coordinate the submission of any
  686  budget amendments, pursuant to chapter 216, Florida Statutes,
  687  which may be necessary to implement this act.
  688         (6)Any funds held in trust which were donated to or earned
  689  by Enterprise Florida, Inc., the Florida Sports Foundation
  690  Incorporated, the Florida Tourism Industry Marketing Corporation
  691  d/b/a VISIT Florida, the Florida Black Business Investment
  692  Board, Inc., and Space Florida under a previous incarnation as a
  693  corporation under chapter 617, Florida Statutes, or as an
  694  independent special district shall be transferred to the Jobs
  695  Florida Partnership, Inc., to be used by the relevant division
  696  or Space Florida for the original purposes of the funds.
  697         (7) Upon the recommendation and guidance of Enterprise
  698  Florida, Inc., the Florida Sports Foundation Incorporated, the
  699  Florida Tourism Industry Marketing Corporation d/b/a VISIT
  700  Florida, the Florida Black Business Investment Board, Inc., or
  701  Space Florida, the Governor shall submit in a timely manner to
  702  the applicable Federal departments or agencies any necessary
  703  amendments or supplemental information concerning plans which
  704  the state or one of the entities is required to submit to the
  705  Federal Government in connection with any federal or state
  706  program. The Governor shall seek any waivers from the
  707  requirements of Federal law or rules which may be necessary to
  708  administer the provisions of this act.
  709         (8) The transfer of any program, activity, duty, or
  710  function under this act includes the transfer of any records and
  711  unexpended balances of appropriations, allocations, or other
  712  funds related to such program, activity, duty, or function.
  713  Unless otherwise provided, the Jobs Florida Partnership, Inc.,
  714  shall become the custodian of any property of Enterprise
  715  Florida, Inc., the Florida Sports Foundation Incorporated, the
  716  Florida Tourism Industry Marketing Corporation d/b/a VISIT
  717  Florida, the Florida Black Business Investment Board, Inc., or
  718  Space Florida by December 31, 2011, by plan of merger.
  719         (9)The Department of Management Services may establish a
  720  lease agreement program under which the Jobs Florida
  721  Partnership, Inc., may hire any individual who was employed by
  722  Enterprise Florida, Inc., or the Florida Black Business
  723  Investment Board, Inc., under a previous lease agreement under
  724  s. 228.901(2) or s. 228.708(2), Florida Statutes 2010. Under
  725  such agreement, the employee shall retain his or her status as a
  726  state employee but shall work under the direct supervision of
  727  the Jobs Florida Partnership, Inc. Retention of state employee
  728  status shall include the right to participate in the Florida
  729  Retirement System and shall continue until the employee
  730  voluntarily or involuntarily terminates his or her status with
  731  the Jobs Florida Partnership, Inc. The Department of Management
  732  Services shall establish the terms and conditions of such lease
  733  agreements.
  734         Section 6. The Legislature recognizes that there is a need
  735  to conform the Florida Statutes to the policy decisions
  736  reflected in this act and that there is a need to resolve
  737  apparent conflicts between any other legislation that has been
  738  or may be enacted during the 2011 Regular Session of the
  739  Legislature and the transfer of duties made by this act.
  740  Therefore, in the interim between this act becoming law and the
  741  2012 Regular Session of the Legislature or an earlier special
  742  session addressing this issue, the Division of Statutory
  743  Revision shall prepare draft legislation to conform the Florida
  744  Statutes and any legislation enacted during 2011 to the
  745  provisions of this act.
  746         Section 7. Section 14.2016, Florida Statutes, is created to
  747  read:
  748         14.2016Office of Emergency Management.—The Office of
  749  Emergency Management is established within the Executive Office
  750  of the Governor. The office shall be a separate budget entity,
  751  as provided in the General Appropriations Act and shall prepare
  752  and submit a budget request in accordance with chapter 216. The
  753  office shall be responsible for all professional, technical, and
  754  administrative support functions necessary to carry out its
  755  responsibilities under part I of chapter 252. The director of
  756  the office shall be appointed by and serve at the pleasure of
  757  the Governor, and shall be the head of the office for all
  758  purposes. The office shall administer programs to rapidly apply
  759  all available aid to communities stricken by an emergency as
  760  defined in s. 252.34 and, for this purpose, shall provide
  761  liaison with federal agencies and other public and private
  762  agencies.
  763         Section 8. Paragraph (h) is added to subsection (3) and
  764  subsection (9) is added to section 20.15, Florida Statutes, to
  765  read:
  766         20.15 Department of Education.—There is created a
  767  Department of Education.
  768         (3) DIVISIONS.—The following divisions of the Department of
  769  Education are established:
  770         (h) The Division of Early Learning, which shall administer
  771  the school readiness system in accordance with s. 411.01 and the
  772  operational requirements of the Voluntary Prekindergarten
  773  Education Program in accordance with part V of chapter 1002. The
  774  division shall be directed by the Deputy Commissioner for Early
  775  Learning, who shall be appointed by and serve at the pleasure of
  776  the commissioner.
  777         (9) The department may provide or contract for training for
  778  employees of administrative entities and case managers of any
  779  contracted providers to ensure they have the necessary
  780  competencies and skills to provide adequate administrative
  781  oversight and delivery of the full array of client services.
  782         Section 9. Section 20.60, Florida Statutes, is created to
  783  read:
  784         20.60 Jobs Florida; creation; powers and duties.—
  785         (1) There is created a department that, notwithstanding the
  786  provisions of s. 20.04(1), shall be called Jobs Florida.
  787         (2) The head of Jobs Florida is the commissioner of Jobs
  788  Florida, who shall be appointed by the Governor, subject to
  789  confirmation by the Senate. The commissioner shall serve at the
  790  pleasure of and report to the Governor.
  791         (3) The following divisions of Jobs Florida are
  792  established:
  793         (a) The Division of Strategic Business Development.
  794         (b) The Division of Community Development.
  795         (c) The Division of Workforce Services.
  796         (d) The Division of Finance and Administration.
  797         (4) The purpose of Jobs Florida is to assist the Governor
  798  in working with the Legislature, state agencies, business
  799  leaders, and economic development professionals to formulate and
  800  implement coherent and consistent policies and strategies
  801  designed to promote economic opportunities for all Floridians.
  802  To accomplish such purposes, Jobs Florida shall:
  803         (a) Facilitate the direct involvement of the Governor and
  804  the Lieutenant Governor in economic development and workforce
  805  development projects designed to create, expand, and retain
  806  businesses in this state, to recruit business from around the
  807  world, and to facilitate other job-creating efforts.
  808         (b) Recruit new businesses to this state and promote the
  809  expansion of existing businesses by expediting permitting and
  810  location decisions, worker placement and training, and incentive
  811  awards.
  812         (c) Ensure that, to the maximum extent possible, there is a
  813  link between the economic development and workforce development
  814  goals and strategies of the state.
  815         (d) Manage the activities of public-private partnerships
  816  and state agencies in order to avoid duplication and promote
  817  coordinated and consistent implementation of programs in areas
  818  including, but not limited to, tourism; international trade and
  819  investment; business recruitment, creation, retention, and
  820  expansion; minority and small business development; rural
  821  community development; commercialization of products, services,
  822  or ideas developed in public universities or other public
  823  institutions; and the development and promotion of professional
  824  and amateur sporting events.
  825         (5) The divisions within Jobs Florida have specific
  826  responsibilities to achieve the duties, responsibilities, and
  827  goals of Jobs Florida. Specifically:
  828         (a) The Division of Strategic Business Development shall:
  829         1. Analyze and evaluate business prospects identified by
  830  the Governor, the commissioner of Jobs Florida, and the Jobs
  831  Florida Partnership, Inc. The analysis must include, but is not
  832  limited to, a review and processing of a prospect business’s
  833  application for incentives and a calculation of its economic
  834  benefit to the state. The evaluation shall be based, at a
  835  minimum, on the information obtained from the prospect business,
  836  the economic benefit calculation, and the business’s eligibility
  837  for state incentives.
  838         2. Administer certain tax refund, tax credit, and grant
  839  programs created in law. Notwithstanding any other provision of
  840  law, Jobs Florida may expend interest earned from the investment
  841  of program funds deposited in the Grants and Donations Trust
  842  Fund to contract for the administration of those programs, or
  843  portions of the programs, assigned to Jobs Florida by law, by
  844  the appropriations process, or by the Governor. Such
  845  expenditures shall be subject to review under chapter 216.
  846         3. Develop measurement protocols for the state incentive
  847  programs and for the contracted entities which will be used to
  848  determine their performance and competitive value to the state.
  849  Performance measures, benchmarks, and sanctions must be
  850  developed in consultation with the legislative appropriations
  851  committees and the appropriate substantive committees, and are
  852  subject to the review and approval process provided in s.
  853  216.177. The approved performance measures, standards, and
  854  sanctions shall be included and made a part of the strategic
  855  plan for contracts entered into for delivery of programs
  856  authorized by this section.
  857         4. Assist the Jobs Florida Partnership, Inc., in preparing
  858  an annual report to the Legislature on the state of the business
  859  climate in Florida and on the state of economic development in
  860  Florida which includes the identification of problems and the
  861  recommendation of solutions. This report shall be submitted to
  862  the President of the Senate, the Speaker of the House of
  863  Representatives, the Senate Minority Leader, and the House
  864  Minority Leader by January 1 of each year, and shall be in
  865  addition to the Governor’s message to the Legislature required
  866  by the State Constitution and any other economic reports
  867  required by law, including the annual incentives report prepared
  868  by the Jobs Florida Partnership, Inc.
  869         5. Develop a 5-year statewide strategic plan. The strategic
  870  plan must include, but need not be limited to:
  871         a. Strategies for the promotion of business formation,
  872  expansion, recruitment, and retention through aggressive
  873  marketing, international development, and export assistance,
  874  which lead to more and better jobs and higher wages for all
  875  geographic regions, disadvantaged communities, and populations
  876  of the state, including rural areas, minority businesses, and
  877  urban core areas.
  878         b. The development of realistic policies and programs to
  879  further the economic diversity of the state, its regions, and
  880  their associated industrial clusters.
  881         c. Specific provisions for the stimulation of economic
  882  development and job creation in rural areas and midsize cities
  883  and counties of the state.
  884         d. Provisions for the promotion of the successful long-term
  885  economic development of the state with increased emphasis in
  886  market research and information.
  887         e. Plans for the generation of foreign investment in the
  888  state which creates jobs paying above-average wages and which
  889  results in reverse investment in the state, including programs
  890  that establish viable overseas markets, assist in meeting the
  891  financing requirements of export-ready firms, broaden
  892  opportunities for international joint venture relationships, use
  893  the resources of academic and other institutions, coordinate
  894  trade assistance and facilitation services, and facilitate
  895  availability of and access to education and training programs
  896  that assure requisite skills and competencies necessary to
  897  compete successfully in the global marketplace.
  898         f. The identification of business sectors that are of
  899  current or future importance to the state’s economy and to the
  900  state’s global business image, and development of specific
  901  strategies to promote the development of such sectors.
  902         g. Strategies for talent development necessary in the state
  903  to encourage economic development growth, taking into account
  904  factors such as the state’s talent supply chain, education and
  905  training opportunities, and available workforce.
  906         6. Update the strategic plan every 5 years. The division
  907  shall involve local governments; the general public; local and
  908  regional economic development organizations; other local, state,
  909  and federal economic, international, and workforce development
  910  entities; the business community; and educational institutions
  911  to assist with each update.
  912         (b)The Division of Community Development shall administer:
  913         1. The Community Services Block Grant Program.
  914         2. The Community Development Block Grant Program in chapter
  915  290.
  916         3. The Low-Income Home Energy Assistance Program in chapter
  917  409.
  918         4. The Weatherization Assistance Program in chapter 409.
  919         5.The Neighborhood Stabilization Program.
  920         6. The local comprehensive planning process and the
  921  development of regional impact process.
  922         7. The Front Porch Florida Initiative through the Office of
  923  Urban Opportunity, which is created within the division. The
  924  purpose of the office is to administer the Front Porch Florida
  925  initiative, a comprehensive, community-based urban core
  926  redevelopment program that enables urban core residents to craft
  927  solutions to the unique challenges of each designated community.
  928         8. Any other related programs.
  929         (c) The Division of Workforce Services shall:
  930         1. Prepare and submit a unified budget request for
  931  workforce in accordance with chapter 216 for, and in conjunction
  932  with, Workforce Florida, Inc., and its board.
  933         2. Ensure that the state appropriately administers federal
  934  and state workforce funding by administering plans and policies
  935  of Workforce Florida, Inc., under contract with Workforce
  936  Florida, Inc. The operating budget and midyear amendments
  937  thereto must be part of such contract.
  938         a. All program and fiscal instructions to regional
  939  workforce boards shall emanate from Jobs Florida pursuant to
  940  plans and policies of Workforce Florida, Inc., which shall be
  941  responsible for all policy directions to the regional workforce
  942  boards.
  943         b. Unless otherwise provided by agreement with Workforce
  944  Florida, Inc., administrative and personnel policies of Jobs
  945  Florida shall apply.
  946         3. Implement the state’s unemployment compensation program.
  947  Jobs Florida shall ensure that the state appropriately
  948  administers the unemployment compensation program pursuant to
  949  state and federal law.
  950         (6)(a)Jobs Florida is the administrative agency designated
  951  for receipt of federal workforce development grants and other
  952  federal funds. Jobs Florida shall administer the duties and
  953  responsibilities assigned by the Governor under each federal
  954  grant assigned to Jobs Florida. Jobs Florida shall expend each
  955  revenue source as provided by federal and state law and as
  956  provided in plans developed by and agreements with Workforce
  957  Florida, Inc. Jobs Florida may serve as the contract
  958  administrator for contracts entered into by Workforce Florida,
  959  Inc., pursuant to s. 445.004(5), as directed by Workforce
  960  Florida, Inc.
  961         (b) Jobs Florida shall serve as the designated agency for
  962  purposes of each federal workforce development grant assigned to
  963  it for administration. Jobs Florida shall carry out the duties
  964  assigned to it by the Governor, under the terms and conditions
  965  of each grant. Jobs Florida shall have the level of authority
  966  and autonomy necessary to be the designated recipient of each
  967  federal grant assigned to it, and shall disburse such grants
  968  pursuant to the plans and policies of Workforce Florida, Inc.
  969  The commissioner may, upon delegation from the Governor and
  970  pursuant to agreement with Workforce Florida, Inc., sign
  971  contracts, grants, and other instruments as necessary to execute
  972  functions assigned to Jobs Florida. Notwithstanding other
  973  provision of law, Jobs Florida shall administer other programs
  974  funded by federal or state appropriations, as determined by the
  975  Legislature in the General Appropriations Act or by law.
  976         (7) Jobs Florida may provide or contract for training for
  977  employees of administrative entities and case managers of any
  978  contracted providers to ensure they have the necessary
  979  competencies and skills to provide adequate administrative
  980  oversight and delivery of the full array of client services.
  981         (8) The Unemployment Appeals Commission, authorized by s.
  982  443.012, is not subject to control, supervision, or direction by
  983  Jobs Florida in the performance of its powers and duties but
  984  shall receive any and all support and assistance from Jobs
  985  Florida which is required for the performance of its duties.
  986         (9)(a) The commissioner of Jobs Florida shall:
  987         1. Manage all activities and responsibilities of the
  988  department.
  989         2. Serve as the Governor’s chief negotiator for business
  990  recruitment and business expansion.
  991         3. Serve as the manager for the state with respect to
  992  contracts with the Jobs Florida Partnership, Inc., the Institute
  993  for the Commercialization of Public Research, and all applicable
  994  direct-support organizations. To accomplish the provisions of
  995  this section and applicable provisions of chapter 288, and
  996  notwithstanding the provisions of part I of chapter 287, the
  997  commissioner shall enter into specific contracts with the Jobs
  998  Florida Partnership, Inc., the Institute for the
  999  Commercialization of Public Research, and other appropriate
 1000  direct-support organizations. Such contracts may be for
 1001  multiyear terms and shall include specific performance measures
 1002  for each year.
 1003         4. Serve as the state protocol officer. In consultation
 1004  with the Governor and other governmental officials, the
 1005  commissioner shall develop, maintain, publish, and distribute
 1006  the state protocol manual.
 1007         (b) Notwithstanding any other law, resolution, or rule to
 1008  the contrary, the commissioner may not receive more in public
 1009  remuneration annually than $130,000, pursuant to the General
 1010  Appropriations Act.
 1011         (10) The Chief Inspector General in the Executive Office of
 1012  the Governor:
 1013         (a) Shall advise public-private partnerships in their
 1014  development, utilization, and improvement of internal control
 1015  measures necessary to ensure fiscal accountability.
 1016         (b) May conduct, direct, and supervise audits relating to
 1017  the programs and operations of public-private partnerships.
 1018         (c) Shall receive and investigate complaints of fraud,
 1019  abuses, and deficiencies relating to programs and operations of
 1020  public-private partnerships.
 1021         (d) May request and have access to any records, data, and
 1022  other information in the possession of public-private
 1023  partnerships which the Chief Inspector General deems necessary
 1024  to carry out his or her responsibilities with respect to
 1025  accountability.
 1026         (e) Shall monitor public-private partnerships for
 1027  compliance with the terms and conditions of contracts with the
 1028  department and report noncompliance to the Governor.
 1029         (f) Shall advise public-private partnerships in the
 1030  development, utilization, and improvement of performance
 1031  measures for the evaluation of their operations.
 1032         (g) Shall review and make recommendations for improvements
 1033  in the actions taken by public-private partnerships to meet
 1034  performance standards.
 1035         (11) Jobs Florida shall have an official seal by which its
 1036  records, orders, and proceedings are authenticated. The seal
 1037  shall be judicially noticed.
 1038         (12) Jobs Florida shall administer the role of state
 1039  government under part I of chapter 421, relating to public
 1040  housing, chapter 422, relating to housing cooperation law, and
 1041  chapter 423, tax exemption of housing authorities. Jobs Florida
 1042  is the agency of state government responsible for the state’s
 1043  role in housing and urban development.
 1044         (13) Jobs Florida may adopt rules to administer the
 1045  provisions of law conferring duties upon it.
 1046         Section 10. Paragraph (d) of subsection (2) and subsection
 1047  (5) of section 112.044, Florida Statutes, are amended to read:
 1048         112.044 Public employers, employment agencies, labor
 1049  organizations; discrimination based on age prohibited;
 1050  exceptions; remedy.—
 1051         (2) DEFINITIONS.—For the purpose of this act:
 1052         (d) “Department” means the Department of Labor and
 1053  Employment Security.
 1054         (5) NOTICE TO BE POSTED.—Each employer, employment agency,
 1055  and labor organization shall post and keep posted in conspicuous
 1056  places upon its premises notices a notice to be prepared or
 1057  approved by the department setting forth such information as
 1058  required by the United States Department of Labor and the United
 1059  States Equal Employment Opportunity Commission department deems
 1060  appropriate to effectuate the purposes of this act.
 1061         Section 11. Subsections (20) and (31) of section 163.3164,
 1062  Florida Statutes, are amended to read:
 1063         163.3164 Local Government Comprehensive Planning and Land
 1064  Development Regulation Act; definitions.—As used in this act:
 1065         (20) “State land planning agency” means Jobs Florida the
 1066  Department of Community Affairs.
 1067         (31) “Optional Sector plan” means the an optional process
 1068  authorized by s. 163.3245 in which one or more local governments
 1069  engage in long-term planning for a large area and by agreement
 1070  with the state land planning agency are allowed to address
 1071  regional development-of-regional-impact issues through adoption
 1072  of detailed specific area plans within the planning area within
 1073  certain designated geographic areas identified in the local
 1074  comprehensive plan as a means of fostering innovative planning
 1075  and development strategies in s. 163.3177(11)(a) and (b),
 1076  furthering the purposes of this part and part I of chapter 380,
 1077  reducing overlapping data and analysis requirements, protecting
 1078  regionally significant resources and facilities, and addressing
 1079  extrajurisdictional impacts. The term includes an optional
 1080  sector plan that was adopted pursuant to the Optional Sector
 1081  Plan program.
 1082         Section 12. Paragraph (d) of subsection (15) of section
 1083  163.3177, Florida Statutes, is amended to read:
 1084         163.3177 Required and optional elements of comprehensive
 1085  plan; studies and surveys.—
 1086         (15)
 1087         (d) This subsection does not apply to a an optional sector
 1088  plan adopted pursuant to s. 163.3245, a rural land stewardship
 1089  area designated pursuant to subsection (11), or any
 1090  comprehensive plan amendment that includes an inland port
 1091  terminal or affiliated port development.
 1092         Section 13. Paragraph (a) of subsection (12) of section
 1093  163.3180, Florida Statutes, is amended to read:
 1094         163.3180 Concurrency.—
 1095         (12)(a) A development of regional impact may satisfy the
 1096  transportation concurrency requirements of the local
 1097  comprehensive plan, the local government’s concurrency
 1098  management system, and s. 380.06 by payment of a proportionate
 1099  share contribution for local and regionally significant traffic
 1100  impacts, if:
 1101         1. The development of regional impact which, based on its
 1102  location or mix of land uses, is designed to encourage
 1103  pedestrian or other nonautomotive modes of transportation;
 1104         2. The proportionate-share contribution for local and
 1105  regionally significant traffic impacts is sufficient to pay for
 1106  one or more required mobility improvements that will benefit a
 1107  regionally significant transportation facility;
 1108         3. The owner and developer of the development of regional
 1109  impact pays or assures payment of the proportionate-share
 1110  contribution; and
 1111         4. If the regionally significant transportation facility to
 1112  be constructed or improved is under the maintenance authority of
 1113  a governmental entity, as defined by s. 334.03(12), other than
 1114  the local government with jurisdiction over the development of
 1115  regional impact, the developer is required to enter into a
 1116  binding and legally enforceable commitment to transfer funds to
 1117  the governmental entity having maintenance authority or to
 1118  otherwise assure construction or improvement of the facility.
 1119  
 1120  The proportionate-share contribution may be applied to any
 1121  transportation facility to satisfy the provisions of this
 1122  subsection and the local comprehensive plan, but, for the
 1123  purposes of this subsection, the amount of the proportionate
 1124  share contribution shall be calculated based upon the cumulative
 1125  number of trips from the proposed development expected to reach
 1126  roadways during the peak hour from the complete buildout of a
 1127  stage or phase being approved, divided by the change in the peak
 1128  hour maximum service volume of roadways resulting from
 1129  construction of an improvement necessary to maintain the adopted
 1130  level of service, multiplied by the construction cost, at the
 1131  time of developer payment, of the improvement necessary to
 1132  maintain the adopted level of service. For purposes of this
 1133  subsection, “construction cost” includes all associated costs of
 1134  the improvement. Proportionate-share mitigation shall be limited
 1135  to ensure that a development of regional impact meeting the
 1136  requirements of this subsection mitigates its impact on the
 1137  transportation system but is not responsible for the additional
 1138  cost of reducing or eliminating backlogs. This subsection also
 1139  applies to Florida Quality Developments pursuant to s. 380.061
 1140  and to detailed specific area plans implementing optional sector
 1141  plans pursuant to s. 163.3245.
 1142         Section 14. Subsections (2), (4), and (11) of section
 1143  163.3184, Florida Statutes, are amended to read:
 1144         163.3184 Process for adoption of comprehensive plan or plan
 1145  amendment.—
 1146         (2) COORDINATION.—Each comprehensive plan or plan amendment
 1147  proposed to be adopted pursuant to this part, except amendments
 1148  adopted pursuant to s. 163.32465 or s. 163.3187(1)(c) and (3),
 1149  shall be transmitted, adopted, and reviewed in the manner
 1150  prescribed in this section. The state land planning agency shall
 1151  have responsibility for plan review, coordination, and the
 1152  preparation and transmission of comments, pursuant to this
 1153  section, to the local governing body responsible for the
 1154  comprehensive plan. The state land planning agency shall
 1155  maintain a single file concerning any proposed or adopted plan
 1156  amendment submitted by a local government for any review under
 1157  this section. Copies of all correspondence, papers, notes,
 1158  memoranda, and other documents received or generated by the
 1159  state land planning agency must be placed in the appropriate
 1160  file. Paper copies of all electronic mail correspondence must be
 1161  placed in the file. The file and its contents must be available
 1162  for public inspection and copying as provided in chapter 119.
 1163         (4) INTERGOVERNMENTAL REVIEW.—The governmental agencies
 1164  specified in paragraph (3)(a) shall provide comments to the
 1165  state land planning agency within 30 days after receipt by the
 1166  state land planning agency of the complete proposed plan
 1167  amendment. If the plan or plan amendment includes or relates to
 1168  the public school facilities element pursuant to s.
 1169  163.3177(12), the state land planning agency shall submit a copy
 1170  to the Department of Education Office of Educational Facilities
 1171  of the Commissioner of Education for review and comment. The
 1172  appropriate regional planning council shall also provide its
 1173  written comments to the state land planning agency within 30
 1174  days after receipt by the state land planning agency of the
 1175  complete proposed plan amendment and shall specify any
 1176  objections, recommendations for modifications, and comments of
 1177  any other regional agencies to which the regional planning
 1178  council may have referred the proposed plan amendment. Written
 1179  comments submitted by the public within 30 days after notice of
 1180  transmittal by the local government of the proposed plan
 1181  amendment will be considered as if submitted by governmental
 1182  agencies. All written agency and public comments must be made
 1183  part of the file maintained under subsection (2).
 1184         (11) ADMINISTRATION COMMISSION.—
 1185         (c) The sanctions provided by paragraphs (a) and (b) do
 1186  shall not apply to a local government regarding any plan
 1187  amendment, except for plan amendments that amend plans that have
 1188  not been finally determined to be in compliance with this part,
 1189  and except as provided in s. 163.3189(2) or s. 163.3191(9) s.
 1190  163.3191(11).
 1191         Section 15. Section 163.3191, Florida Statutes, is amended
 1192  to read:
 1193         163.3191 Evaluation and appraisal of comprehensive plan.—
 1194         (1) The planning program shall be a continuous and ongoing
 1195  process. Each local government shall prepare adopt an evaluation
 1196  and appraisal report once every 7 years assessing the progress
 1197  in implementing the local government’s comprehensive plan.
 1198  unless:
 1199         (a)The local government has issued development orders for
 1200  residential units composing less than 10 percent of the local
 1201  government’s residential development capacity at the time it
 1202  last submitted amendments based on the evaluation and appraisal
 1203  report pursuant to subsection (8); and
 1204         (b)The local government has not adopted amendments to its
 1205  comprehensive plan which increase the local government’s
 1206  residential development capacity by 10 percent or more since it
 1207  last submitted amendments based on the evaluation and appraisal
 1208  report pursuant to subsection (8); and
 1209         (c)Based upon resident population estimates supplied by
 1210  the Bureau of Economic and Business Research of the University
 1211  of Florida or the Executive Office of Governor, the local
 1212  government demonstrates that its population has not increased by
 1213  more than 10 percent since it last submitted amendments based on
 1214  the evaluation and appraisal report pursuant to subsection (8).
 1215  Furthermore,
 1216         (2) It is the intent of this section that:
 1217         (a) Adopted comprehensive plans be reviewed through such
 1218  evaluation process to respond to changes in state, regional, and
 1219  local policies on planning and growth management and changing
 1220  conditions and trends, to ensure effective intergovernmental
 1221  coordination, and to identify major issues regarding the
 1222  community’s achievement of its goals.
 1223         (b) After completion of the initial evaluation and
 1224  appraisal report and any supporting plan amendments, each
 1225  subsequent evaluation and appraisal report must evaluate the
 1226  comprehensive plan in effect at the time of the initiation of
 1227  the evaluation and appraisal report process.
 1228         (c) Local governments identify the major issues, if
 1229  applicable, with input from state agencies, regional agencies,
 1230  adjacent local governments, and the public in the evaluation and
 1231  appraisal report process. It is also the intent of this section
 1232  to establish minimum requirements for information to ensure
 1233  predictability, certainty, and integrity in the growth
 1234  management process. The report is intended to serve as a summary
 1235  audit of the actions that a local government has undertaken and
 1236  identify changes that it may need to make. The report should be
 1237  based on the local government’s analysis of major issues to
 1238  further the community’s goals consistent with statewide minimum
 1239  standards. The report is not intended to require a comprehensive
 1240  rewrite of the elements within the local plan, unless a local
 1241  government chooses to do so.
 1242         (3)(2) The report shall present an evaluation and
 1243  assessment of the comprehensive plan and the local government is
 1244  encouraged to include shall contain appropriate statements to
 1245  update the comprehensive plan, including, but not limited to,
 1246  words, maps, illustrations, or other media, related to:
 1247         (a) Population growth and changes in land area, including
 1248  annexation, since the adoption of the original plan or the most
 1249  recent update amendments.
 1250         (b) The extent of vacant and developable land.
 1251         (c) The financial feasibility of implementing the
 1252  comprehensive plan and of providing needed infrastructure to
 1253  achieve and maintain adopted level-of-service standards and
 1254  sustain concurrency management systems through the capital
 1255  improvements element, as well as the ability to address
 1256  infrastructure backlogs and meet the demands of growth on public
 1257  services and facilities.
 1258         (d) The location of existing development in relation to the
 1259  location of development as anticipated in the original plan, or
 1260  in the plan as amended by the most recent evaluation and
 1261  appraisal report update amendments, such as within areas
 1262  designated for urban growth.
 1263         (e) An identification of the major issues for the
 1264  jurisdiction and, where pertinent, the potential social,
 1265  economic, and environmental impacts.
 1266         (f) Relevant changes to the state comprehensive plan, the
 1267  requirements of this part, the minimum criteria contained in
 1268  chapter 9J-5, Florida Administrative Code, and the appropriate
 1269  strategic regional policy plan since the adoption of the
 1270  original plan or the most recent evaluation and appraisal report
 1271  update amendments.
 1272         (g) An assessment of whether the plan objectives within
 1273  each element, as they relate to major issues, have been
 1274  achieved. The report shall include, as appropriate, an
 1275  identification as to whether unforeseen or unanticipated changes
 1276  in circumstances have resulted in problems or opportunities with
 1277  respect to major issues identified in each element and the
 1278  social, economic, and environmental impacts of the issue.
 1279         (h) A brief assessment of successes and shortcomings
 1280  related to each element of the plan.
 1281         (i) The identification of any actions or corrective
 1282  measures, including whether plan amendments are anticipated to
 1283  address the major issues identified and analyzed in the report.
 1284  Such identification shall include, as appropriate, new
 1285  population projections, new revised planning timeframes, a
 1286  revised future conditions map or map series, an updated capital
 1287  improvements element, and any new and revised goals, objectives,
 1288  and policies for major issues identified within each element.
 1289  This paragraph shall not require the submittal of the plan
 1290  amendments with the evaluation and appraisal report.
 1291         (j) A summary of the public participation program and
 1292  activities undertaken by the local government in preparing the
 1293  report.
 1294         (k) The coordination of the comprehensive plan with
 1295  existing public schools and those identified in the applicable
 1296  educational facilities plan adopted pursuant to s. 1013.35. The
 1297  assessment shall address, where relevant, the success or failure
 1298  of the coordination of the future land use map and associated
 1299  planned residential development with public schools and their
 1300  capacities, as well as the joint decisionmaking processes
 1301  engaged in by the local government and the school board in
 1302  regard to establishing appropriate population projections and
 1303  the planning and siting of public school facilities. For those
 1304  counties or municipalities that do not have a public schools
 1305  interlocal agreement or public school facilities element, the
 1306  assessment shall determine whether the local government
 1307  continues to meet the criteria of s. 163.3177(12). If the county
 1308  or municipality determines that it no longer meets the criteria,
 1309  it must adopt appropriate school concurrency goals, objectives,
 1310  and policies in its plan amendments pursuant to the requirements
 1311  of the public school facilities element, and enter into the
 1312  existing interlocal agreement required by ss. 163.3177(6)(h)2.
 1313  and 163.31777 in order to fully participate in the school
 1314  concurrency system.
 1315         (l) The extent to which the local government has been
 1316  successful in identifying alternative water supply projects and
 1317  traditional water supply projects, including conservation and
 1318  reuse, necessary to meet the water needs identified in s.
 1319  373.709(2)(a) within the local government’s jurisdiction. The
 1320  report must evaluate the degree to which the local government
 1321  has implemented the work plan for building public, private, and
 1322  regional water supply facilities, including development of
 1323  alternative water supplies, identified in the element as
 1324  necessary to serve existing and new development.
 1325         (m) If any of the jurisdiction of the local government is
 1326  located within the coastal high-hazard area, an evaluation of
 1327  whether any past reduction in land use density impairs the
 1328  property rights of current residents when redevelopment occurs,
 1329  including, but not limited to, redevelopment following a natural
 1330  disaster. The property rights of current residents shall be
 1331  balanced with public safety considerations. The local government
 1332  must identify strategies to address redevelopment feasibility
 1333  and the property rights of affected residents. These strategies
 1334  may include the authorization of redevelopment up to the actual
 1335  built density in existence on the property prior to the natural
 1336  disaster or redevelopment.
 1337         (n) An assessment of whether the criteria adopted pursuant
 1338  to s. 163.3177(6)(a) were successful in achieving compatibility
 1339  with military installations.
 1340         (o) The extent to which a concurrency exception area
 1341  designated pursuant to s. 163.3180(5), a concurrency management
 1342  area designated pursuant to s. 163.3180(7), or a multimodal
 1343  transportation district designated pursuant to s. 163.3180(15)
 1344  has achieved the purpose for which it was created and otherwise
 1345  complies with the provisions of s. 163.3180.
 1346         (p) An assessment of the extent to which changes are needed
 1347  to develop a common methodology for measuring impacts on
 1348  transportation facilities for the purpose of implementing its
 1349  concurrency management system in coordination with the
 1350  municipalities and counties, as appropriate pursuant to s.
 1351  163.3180(10).
 1352         (4)(3) Voluntary scoping meetings may be conducted by each
 1353  local government or several local governments within the same
 1354  county which that agree to meet together. Joint meetings among
 1355  all local governments in a county are encouraged. All scoping
 1356  meetings shall be completed at least 1 year prior to the
 1357  established adoption date of the report. The purpose of the
 1358  meetings shall be to distribute data and resources available to
 1359  assist in the preparation of the report, to provide input on
 1360  major issues in each community which that should be addressed in
 1361  the report, and to advise on the extent of the effort for the
 1362  components of subsection (3) (2). If scoping meetings are held,
 1363  the local government is encouraged to shall invite each state
 1364  and regional reviewing agency, as well as adjacent and other
 1365  affected local governments. A preliminary list of new data and
 1366  major issues that have emerged since the adoption of the
 1367  original plan, or the most recent evaluation and appraisal
 1368  report-based update amendments, should be developed by state and
 1369  regional entities and involved local governments for
 1370  distribution at the scoping meeting. For purposes of this
 1371  subsection, a “scoping meeting” is a meeting conducted to
 1372  determine the scope of review of the evaluation and appraisal
 1373  report by parties to which the report relates.
 1374         (5)(4) The local planning agency shall prepare the
 1375  evaluation and appraisal report and shall make recommendations
 1376  to the governing body regarding adoption of the proposed report.
 1377  The local planning agency shall prepare the report in conformity
 1378  with its public participation procedures adopted as required by
 1379  s. 163.3181. To further public participation in the evaluation
 1380  and appraisal process During the preparation of the proposed
 1381  report and prior to making any recommendation to the governing
 1382  body, the local planning agency shall hold at least one public
 1383  hearing, with public notice, on the proposed report. At a
 1384  minimum, the format and content of the proposed report shall
 1385  include a table of contents; numbered pages; element headings;
 1386  section headings within elements; a list of included tables,
 1387  maps, and figures; a title and sources for all included tables;
 1388  a preparation date; and the name of the preparer. Where
 1389  applicable, maps shall include major natural and artificial
 1390  geographic features; city, county, and state lines; and a legend
 1391  indicating a north arrow, map scale, and the date.
 1392         (5)Ninety days prior to the scheduled adoption date, the
 1393  local government may provide a proposed evaluation and appraisal
 1394  report to the state land planning agency and distribute copies
 1395  to state and regional commenting agencies as prescribed by rule,
 1396  adjacent jurisdictions, and interested citizens for review. All
 1397  review comments, including comments by the state land planning
 1398  agency, shall be transmitted to the local government and state
 1399  land planning agency within 30 days after receipt of the
 1400  proposed report.
 1401         (6)The governing body, after considering the review
 1402  comments and recommended changes, if any, shall adopt the
 1403  evaluation and appraisal report by resolution or ordinance at a
 1404  public hearing with public notice. The governing body shall
 1405  adopt the report in conformity with its public participation
 1406  procedures adopted as required by s. 163.3181. The local
 1407  government shall submit to the state land planning agency three
 1408  copies of the report, a transmittal letter indicating the dates
 1409  of public hearings, and a copy of the adoption resolution or
 1410  ordinance. The local government shall provide a copy of the
 1411  report to the reviewing agencies which provided comments for the
 1412  proposed report, or to all the reviewing agencies if a proposed
 1413  report was not provided pursuant to subsection (5), including
 1414  the adjacent local governments. Within 60 days after receipt,
 1415  the state land planning agency shall review the adopted report
 1416  and make a preliminary sufficiency determination that shall be
 1417  forwarded by the agency to the local government for its
 1418  consideration. The state land planning agency shall issue a
 1419  final sufficiency determination within 90 days after receipt of
 1420  the adopted evaluation and appraisal report.
 1421         (6)(7) The intent of the evaluation and appraisal process
 1422  is the preparation of a plan update that clearly and concisely
 1423  achieves the purpose of this section. The evaluation and
 1424  appraisal report shall be submitted as data and analysis in
 1425  support of the evaluation and appraisal report based amendments.
 1426  Toward this end, the sufficiency review of the state land
 1427  planning agency shall concentrate on whether the evaluation and
 1428  appraisal report sufficiently fulfills the components of
 1429  subsection (2). If the state land planning agency determines
 1430  that the report is insufficient, the governing body shall adopt
 1431  a revision of the report and submit the revised report for
 1432  review pursuant to subsection (6).
 1433         (8)The state land planning agency may delegate the review
 1434  of evaluation and appraisal reports, including all state land
 1435  planning agency duties under subsections (4)-(7), to the
 1436  appropriate regional planning council. When the review has been
 1437  delegated to a regional planning council, any local government
 1438  in the region may elect to have its report reviewed by the
 1439  regional planning council rather than the state land planning
 1440  agency. The state land planning agency shall by agreement
 1441  provide for uniform and adequate review of reports and shall
 1442  retain oversight for any delegation of review to a regional
 1443  planning council.
 1444         (7)(9) The state land planning agency may establish a
 1445  phased schedule for adoption of evaluation and appraisal report
 1446  based amendments reports. The schedule shall provide each local
 1447  government at least 7 years from plan adoption or last
 1448  established adoption date for evaluation and appraisal report
 1449  based amendments a report and shall allot approximately one
 1450  seventh of the reports to any 1 year. In order to allow the
 1451  municipalities to use data and analyses gathered by the
 1452  counties, the state land planning agency shall schedule
 1453  municipal evaluation and appraisal report based amendment report
 1454  adoption dates between 1 year and 18 months later than the
 1455  evaluation and appraisal report based amendment report adoption
 1456  date for the county in which those municipalities are located. A
 1457  local government may adopt its report no earlier than 90 days
 1458  prior to the established adoption date. Small municipalities
 1459  which were scheduled by chapter 9J-33, Florida Administrative
 1460  Code, to adopt their evaluation and appraisal report after
 1461  February 2, 1999, shall be rescheduled to adopt their report
 1462  together with the other municipalities in their county as
 1463  provided in this subsection.
 1464         (8)(10) The governing body shall amend its comprehensive
 1465  plan based on the recommendations in the report and shall update
 1466  the comprehensive plan based on the components of subsection (3)
 1467  (2), pursuant to the provisions of ss. 163.3184, 163.3187, and
 1468  163.3189. Amendments to update a comprehensive plan based on the
 1469  evaluation and appraisal report shall be adopted during a single
 1470  amendment cycle within the time period established by the state
 1471  land planning agency’s schedule authorized in subsection (7) 18
 1472  months after the report is determined to be sufficient by the
 1473  state land planning agency, except the state land planning
 1474  agency may grant an extension for adoption of a portion of such
 1475  amendments. The state land planning agency may grant a 6-month
 1476  extension for the adoption of such amendments if the request is
 1477  justified by good and sufficient cause as determined by the
 1478  agency. An additional extension may also be granted if the
 1479  request will result in greater coordination between
 1480  transportation and land use, for the purposes of improving
 1481  Florida’s transportation system, as determined by the agency in
 1482  coordination with the Metropolitan Planning Organization
 1483  program. Except for local governments exempted from preparing
 1484  evaluation and appraisal reports pursuant to subsection (1),
 1485  beginning July 1, 2006, failure to timely adopt and transmit
 1486  update amendments to the comprehensive plan based on the
 1487  evaluation and appraisal report shall result in a local
 1488  government being prohibited from adopting amendments to the
 1489  comprehensive plan until the evaluation and appraisal report
 1490  update amendments have been adopted and transmitted to the state
 1491  land planning agency. The prohibition on plan amendments shall
 1492  commence when the update amendments to the comprehensive plan
 1493  are past due. The comprehensive plan as amended shall be in
 1494  compliance as defined in s. 163.3184(1)(b). Within 6 months
 1495  after the effective date of the update amendments to the
 1496  comprehensive plan, the local government shall provide to the
 1497  state land planning agency and to all agencies designated by
 1498  rule a complete copy of the updated comprehensive plan.
 1499         (9)(11) The Administration Commission may impose the
 1500  sanctions provided by s. 163.3184(11) against any local
 1501  government that fails to adopt and submit a report, or that
 1502  fails to implement its report through timely and sufficient
 1503  amendments to its local plan, except for reasons of excusable
 1504  delay or valid planning reasons agreed to by the state land
 1505  planning agency or found present by the Administration
 1506  Commission. Sanctions for untimely or insufficient plan
 1507  amendments shall be prospective only and shall begin after a
 1508  final order has been issued by the Administration Commission and
 1509  a reasonable period of time has been allowed for the local
 1510  government to comply with an adverse determination by the
 1511  Administration Commission through adoption of plan amendments
 1512  that are in compliance. The state land planning agency may
 1513  initiate, and an affected person may intervene in, such a
 1514  proceeding by filing a petition with the Division of
 1515  Administrative Hearings, which shall appoint an administrative
 1516  law judge and conduct a hearing pursuant to ss. 120.569 and
 1517  120.57(1) and shall submit a recommended order to the
 1518  Administration Commission. The affected local government shall
 1519  be a party to any such proceeding. The commission may implement
 1520  this subsection by rule.
 1521         (10)(12) The state land planning agency may shall not adopt
 1522  rules to implement this section, other than procedural rules.
 1523         (13)The state land planning agency shall regularly review
 1524  the evaluation and appraisal report process and submit a report
 1525  to the Governor, the Administration Commission, the Speaker of
 1526  the House of Representatives, the President of the Senate, and
 1527  the respective community affairs committees of the Senate and
 1528  the House of Representatives. The first report shall be
 1529  submitted by December 31, 2004, and subsequent reports shall be
 1530  submitted every 5 years thereafter. At least 9 months before the
 1531  due date of each report, the Secretary of Community Affairs
 1532  shall appoint a technical committee of at least 15 members to
 1533  assist in the preparation of the report. The membership of the
 1534  technical committee shall consist of representatives of local
 1535  governments, regional planning councils, the private sector, and
 1536  environmental organizations. The report shall assess the
 1537  effectiveness of the evaluation and appraisal report process.
 1538         (11)(14) The requirement of subsection (8) (10) prohibiting
 1539  a local government from adopting amendments to the local
 1540  comprehensive plan until the evaluation and appraisal report
 1541  update amendments have been adopted and transmitted to the state
 1542  land planning agency does not apply to a plan amendment proposed
 1543  for adoption by the appropriate local government as defined in
 1544  s. 163.3178(2)(k) in order to integrate a port comprehensive
 1545  master plan with the coastal management element of the local
 1546  comprehensive plan as required by s. 163.3178(2)(k) if the port
 1547  comprehensive master plan or the proposed plan amendment does
 1548  not cause or contribute to the failure of the local government
 1549  to comply with the requirements of this section the evaluation
 1550  and appraisal report.
 1551         Section 16. Section 163.3245, Florida Statutes, is amended
 1552  to read:
 1553         163.3245 Optional Sector plans.—
 1554         (1) In recognition of the benefits of conceptual long-range
 1555  planning for the buildout of an area, and detailed planning for
 1556  specific areas, as a demonstration project, the requirements of
 1557  s. 380.06 may be addressed as identified by this section for up
 1558  to five local governments or combinations of local governments
 1559  may which adopt into their the comprehensive plans a plan an
 1560  optional sector plan in accordance with this section. This
 1561  section is intended to promote and encourage long-term planning
 1562  for conservation, development, and agriculture on a landscape
 1563  scale; to further the intent of s. 163.3177(11), which supports
 1564  innovative and flexible planning and development strategies, and
 1565  the purposes of this part, and part I of chapter 380 to
 1566  facilitate protection of regionally significant water courses
 1567  and wildlife corridors;, and to avoid duplication of effort in
 1568  terms of the level of data and analysis required for a
 1569  development of regional impact, while ensuring the adequate
 1570  mitigation of impacts to applicable regional resources and
 1571  facilities, including those within the jurisdiction of other
 1572  local governments, as would otherwise be provided. Optional
 1573  Sector plans are intended for substantial geographic areas that
 1574  include including at least 15,000 5,000 acres of one or more
 1575  local governmental jurisdictions and are to emphasize urban form
 1576  and protection of regionally significant resources and public
 1577  facilities. The state land planning agency may approve optional
 1578  sector plans of less than 5,000 acres based on local
 1579  circumstances if it is determined that the plan would further
 1580  the purposes of this part and part I of chapter 380. Preparation
 1581  of an optional sector plan is authorized by agreement between
 1582  the state land planning agency and the applicable local
 1583  governments under s. 163.3171(4). An optional sector plan may be
 1584  adopted through one or more comprehensive plan amendments under
 1585  s. 163.3184. However, an optional A sector plan may not be
 1586  adopted authorized in an area of critical state concern.
 1587         (2) Upon the request of a local government having
 1588  jurisdiction, The state land planning agency may enter into an
 1589  agreement to authorize preparation of an optional sector plan
 1590  upon the request of one or more local governments based on
 1591  consideration of problems and opportunities presented by
 1592  existing development trends; the effectiveness of current
 1593  comprehensive plan provisions; the potential to further the
 1594  state comprehensive plan, applicable strategic regional policy
 1595  plans, this part, and part I of chapter 380; and those factors
 1596  identified by s. 163.3177(10)(i). the applicable regional
 1597  planning council shall conduct a scoping meeting with affected
 1598  local governments and those agencies identified in s.
 1599  163.3184(4) before preparation of the sector plan execution of
 1600  the agreement authorized by this section. The purpose of this
 1601  meeting is to assist the state land planning agency and the
 1602  local government in the identification of the relevant planning
 1603  issues to be addressed and the data and resources available to
 1604  assist in the preparation of the sector plan. If a scoping
 1605  meeting is conducted, subsequent plan amendments. the regional
 1606  planning council shall make written recommendations to the state
 1607  land planning agency and affected local governments on the
 1608  issues requested by the local government. The scoping meeting
 1609  shall be noticed and open to the public. If the entire planning
 1610  area proposed for the sector plan is within the jurisdiction of
 1611  two or more local governments, some or all of them may enter
 1612  into a joint planning agreement pursuant to s. 163.3171 with
 1613  respect to, including whether a sustainable sector plan would be
 1614  appropriate. The agreement must define the geographic area to be
 1615  subject to the sector plan, the planning issues that will be
 1616  emphasized, procedures requirements for intergovernmental
 1617  coordination to address extrajurisdictional impacts, supporting
 1618  application materials including data and analysis, and
 1619  procedures for public participation, or other issues. An
 1620  agreement may address previously adopted sector plans that are
 1621  consistent with the standards in this section. Before executing
 1622  an agreement under this subsection, the local government shall
 1623  hold a duly noticed public workshop to review and explain to the
 1624  public the optional sector planning process and the terms and
 1625  conditions of the proposed agreement. The local government shall
 1626  hold a duly noticed public hearing to execute the agreement. All
 1627  meetings between the department and the local government must be
 1628  open to the public.
 1629         (3) Optional Sector planning encompasses two levels:
 1630  adoption pursuant to under s. 163.3184 of a conceptual long-term
 1631  master plan for the entire planning area as part of the
 1632  comprehensive plan, and adoption by local development order of
 1633  two or more buildout overlay to the comprehensive plan, having
 1634  no immediate effect on the issuance of development orders or the
 1635  applicability of s. 380.06, and adoption under s. 163.3184 of
 1636  detailed specific area plans that implement the conceptual long
 1637  term master plan buildout overlay and authorize issuance of
 1638  development orders, and within which s. 380.06 is waived. Until
 1639  such time as a detailed specific area plan is adopted, the
 1640  underlying future land use designations apply.
 1641         (a) In addition to the other requirements of this chapter,
 1642  a long-term master plan pursuant to this section conceptual
 1643  long-term buildout overlay must include maps, illustrations, and
 1644  text supported by data and analysis to address the following:
 1645         1. A long-range conceptual framework map that:
 1646         a. At a minimum, generally depicts identifies anticipated
 1647  areas of urban, agricultural, rural, and conservation land use;
 1648  and
 1649         b. Identifies allowed uses in various parts of the planning
 1650  area, specifies maximum and minimum densities and intensities of
 1651  use, and provides the conceptual framework for the development
 1652  pattern in developed areas with graphic illustrations based on a
 1653  hierarchy of places and functional place-making components.
 1654         2.A general identification of the water supplies needed
 1655  and available sources of water, including water resource
 1656  development and water supply development projects, and water
 1657  conservation measures needed to meet the projected demand of the
 1658  future land uses in the long-term master plan.
 1659         3.A general identification of the transportation
 1660  facilities to serve the future land uses in the long-term master
 1661  plan, including guidelines to be used to establish each modal
 1662  component intended to optimize mobility.
 1663         4.2.A general identification of other regionally
 1664  significant public facilities consistent with chapter 9J-2,
 1665  Florida Administrative Code, irrespective of local governmental
 1666  jurisdiction necessary to support buildout of the anticipated
 1667  future land uses, which may include central utilities provided
 1668  on-site within the planning area, and policies setting forth the
 1669  procedures to be used to mitigate the impacts of future land
 1670  uses on public facilities.
 1671         5.3.A general identification of regionally significant
 1672  natural resources within the planning area and policies setting
 1673  forth the procedures for protection or conservation of specific
 1674  resources consistent with the overall conservation and
 1675  development strategy for the planning area consistent with
 1676  chapter 9J-2, Florida Administrative Code.
 1677         6.4.General principles and guidelines addressing that
 1678  address the urban form and the interrelationships of anticipated
 1679  future land uses, the protection and, as appropriate,
 1680  restoration and management of lands identified for permanent
 1681  preservation, and a discussion, at the applicant’s option, of
 1682  the extent, if any, to which the plan will address restoring key
 1683  ecosystems, achieving a more clean, healthy environment,
 1684  limiting urban sprawl, providing a range of housing types,
 1685  protecting wildlife and natural areas, advancing the efficient
 1686  use of land and other resources, and creating quality
 1687  communities of a design that promotes travel by multiple
 1688  transportation modes, and enhancing the prospects for the
 1689  creation of jobs.
 1690         7.5. Identification of general procedures and policies to
 1691  facilitate ensure intergovernmental coordination to address
 1692  extrajurisdictional impacts from future land uses the long-range
 1693  conceptual framework map.
 1694  
 1695  A long-term master plan adopted pursuant to this section must be
 1696  based upon a planning period longer than the generally
 1697  applicable planning period of the local comprehensive plan, must
 1698  specify the projected population within the planning area during
 1699  the chosen planning period, and may include a phasing or staging
 1700  schedule that allocates a portion of the local government’s
 1701  future growth to the planning area through the planning period.
 1702  A long-term master plan adopted pursuant to this section is not
 1703  required to demonstrate need based upon projected population
 1704  growth or on any other basis.
 1705         (b) In addition to the other requirements of this chapter,
 1706  including those in paragraph (a), the detailed specific area
 1707  plans shall be consistent with the long-term master plan and
 1708  must include conditions and commitments that provide for:
 1709         1. Development or conservation of an area of adequate size
 1710  to accommodate a level of development which achieves a
 1711  functional relationship between a full range of land uses within
 1712  the area and to encompass at least 1,000 acres consistent with
 1713  the long-term master plan. The local government state land
 1714  planning agency may approve detailed specific area plans of less
 1715  than 1,000 acres based on local circumstances if it is
 1716  determined that the detailed specific area plan furthers the
 1717  purposes of this part and part I of chapter 380.
 1718         2. Detailed identification and analysis of the maximum and
 1719  minimum densities and intensities of use, and the distribution,
 1720  extent, and location of future land uses.
 1721         3. Detailed identification of water resource development
 1722  and water supply development projects and related
 1723  infrastructure, and water conservation measures to address water
 1724  needs of development in the detailed specific area plan.
 1725         4.Detailed identification of the transportation facilities
 1726  to serve the future land uses in the detailed specific area
 1727  plan.
 1728         5. Detailed identification of other regionally significant
 1729  public facilities, including public facilities outside the
 1730  jurisdiction of the host local government, anticipated impacts
 1731  of future land uses on those facilities, and required
 1732  improvements consistent with the long-term master plan chapter
 1733  9J-2, Florida Administrative Code.
 1734         6.4. Public facilities necessary to serve development in
 1735  the detailed specific area plan for the short term, including
 1736  developer contributions in a financially feasible 5-year capital
 1737  improvement schedule of the affected local government.
 1738         7.5. Detailed analysis and identification of specific
 1739  measures to assure the protection or conservation of lands
 1740  identified in the long-term master plan to be permanently
 1741  preserved and, as appropriate, restored or managed, of
 1742  regionally significant natural resources and other important
 1743  resources both within and outside the host jurisdiction,
 1744  including those regionally significant resources identified in
 1745  chapter 9J-2, Florida Administrative Code.
 1746         8.6.Detailed principles and guidelines addressing that
 1747  address the urban form and the interrelationships of anticipated
 1748  future land uses; and a discussion, at the applicant’s option,
 1749  of the extent, if any, to which the plan will address restoring
 1750  key ecosystems, achieving a more clean, healthy environment;,
 1751  limiting urban sprawl;, providing a range of housing types;
 1752  protecting wildlife and natural areas;, advancing the efficient
 1753  use of land and other resources;, and creating quality
 1754  communities of a design that promotes travel by multiple
 1755  transportation modes; and enhancing the prospects for the
 1756  creation of jobs.
 1757         9.7. Identification of specific procedures to facilitate
 1758  ensure intergovernmental coordination to address
 1759  extrajurisdictional impacts from of the detailed specific area
 1760  plan.
 1761  
 1762  A detailed specific area plan adopted by local development order
 1763  pursuant to this section may be based upon a planning period
 1764  longer than the generally applicable planning period of the
 1765  local comprehensive plan and must specify the projected
 1766  population within the specific planning area during the chosen
 1767  planning period. A detailed specific area plan adopted pursuant
 1768  to this section is not required to demonstrate need based upon
 1769  projected population growth or on any other basis.
 1770         (c) In its review of a long-term master plan, the state
 1771  land planning agency shall consult with the Department of
 1772  Agriculture and Consumer Services, the Department of
 1773  Environmental Protection, the Florida Fish and Wildlife
 1774  Conservation Commission, and the applicable water management
 1775  district regarding the design of areas for protection and
 1776  conservation of regionally significant natural resources and for
 1777  the protection and, as appropriate, restoration and management
 1778  of lands identified for permanent preservation.
 1779         (d)The state land planning agency may initiate a civil
 1780  action pursuant to s. 163.3215 with respect to a detailed
 1781  specific area plan that is not consistent with a long-term
 1782  master plan adopted pursuant to this section. For purposes of
 1783  such a proceeding, the state land planning agency shall be
 1784  deemed an aggrieved and adversely affected party. Regardless of
 1785  whether the local government has adopted an ordinance that
 1786  establishes a local process that meets the requirements of s.
 1787  163.3215(4), judicial review of a detailed specific area plan
 1788  initiated by the state land planning agency shall be de novo
 1789  pursuant to s. 163.3215(3) and not by petition for writ of
 1790  certiorari pursuant to s. 163.3215(4). Any other aggrieved or
 1791  adversely affected party is subject to s. 163.3215 in all
 1792  respects when initiating a consistency challenge to a detailed
 1793  specific area plan.
 1794         (e) This subsection does may not be construed to prevent
 1795  preparation and approval of the optional sector plan and
 1796  detailed specific area plan concurrently or in the same
 1797  submission.
 1798         (4) Upon the long-term master plan becoming legally
 1799  effective:
 1800         (a)Any long-range transportation plan developed by a
 1801  metropolitan planning organization pursuant to s. 339.175(7)
 1802  shall be consistent, to the maximum extent feasible, with the
 1803  long-term master plan, including but not limited to the
 1804  projected population, the approved uses and densities and
 1805  intensities of use and their distribution within the planning
 1806  area; and the transportation facilities identified in adopted
 1807  plans pursuant to subparagraphs (3)(a)3. and (3)(b)4.
 1808         (b)The water needs, sources and water resource development
 1809  and water supply development projects identified in adopted
 1810  plans pursuant to subparagraphs (3)(a)2. and (3)(b)3. shall be
 1811  incorporated into the applicable district and regional water
 1812  supply plans adopted in accordance with ss. 373.036 and 373.709.
 1813  Accordingly, and notwithstanding the permit durations stated in
 1814  s. 373.236, an applicant may request and the applicable district
 1815  may issue consumptive use permits for durations commensurate
 1816  with the long-term master plan. The permitting criteria in s.
 1817  373.223 shall be applied based upon the projected population,
 1818  the approved densities and intensities of use, and their
 1819  distribution in the long-term master plan. The host local
 1820  government shall submit a monitoring report to the state land
 1821  planning agency and applicable regional planning council on an
 1822  annual basis after adoption of a detailed specific area plan.
 1823  The annual monitoring report must provide summarized information
 1824  on development orders issued, development that has occurred,
 1825  public facility improvements made, and public facility
 1826  improvements anticipated over the upcoming 5 years.
 1827         (5) When a plan amendment adopting a detailed specific area
 1828  plan has become effective for a portion of the planning area
 1829  governed by a long-term master plan adopted pursuant to this
 1830  section under ss. 163.3184 and 163.3189(2), the provisions of s.
 1831  380.06 do not apply to development within the geographic area of
 1832  the detailed specific area plan. However, any development-of
 1833  regional-impact development order that is vested from the
 1834  detailed specific area plan may be enforced pursuant to under s.
 1835  380.11.
 1836         (a) The local government adopting the detailed specific
 1837  area plan is primarily responsible for monitoring and enforcing
 1838  the detailed specific area plan. Local governments shall not
 1839  issue any permits or approvals or provide any extensions of
 1840  services to development which that are not consistent with the
 1841  detailed sector area plan.
 1842         (b) If the state land planning agency has reason to believe
 1843  that a violation of any detailed specific area plan, or of any
 1844  agreement entered into under this section, has occurred or is
 1845  about to occur, it may institute an administrative or judicial
 1846  proceeding to prevent, abate, or control the conditions or
 1847  activity creating the violation, using the procedures in s.
 1848  380.11.
 1849         (c) In instituting an administrative or judicial proceeding
 1850  involving a an optional sector plan or detailed specific area
 1851  plan, including a proceeding pursuant to paragraph (b), the
 1852  complaining party shall comply with the requirements of s.
 1853  163.3215(4), (5), (6), and (7), except as provided in paragraph
 1854  (3)(d).
 1855         (d)The detailed specific area plan must establish a
 1856  buildout date until which the approved development is not
 1857  subject to downzoning, unit density reduction, or intensity
 1858  reduction, unless the local government can demonstrate that
 1859  implementation of the plan is not continuing in good faith based
 1860  on standards established by plan policy, or that substantial
 1861  changes in the conditions underlying the approval of the
 1862  detailed specific area plan have occurred, or that the detailed
 1863  specific area plan was based on substantially inaccurate
 1864  information provided by the applicant, or that the change is
 1865  clearly established to be essential to the public health,
 1866  safety, or welfare.
 1867         (6) Concurrent with or subsequent to review and adoption of
 1868  a long-term master plan pursuant to paragraph (3)(a), an
 1869  applicant may apply for master development approval pursuant to
 1870  s. 380.06(21) for the entire planning area in order to establish
 1871  a buildout date until which the approved uses and densities and
 1872  intensities of use of the master plan are not subject to
 1873  downzoning, unit density reduction, or intensity reduction,
 1874  unless the local government can demonstrate that implementation
 1875  of the master plan is not continuing in good faith based on
 1876  standards established by plan policy, or that substantial
 1877  changes in the conditions underlying the approval of the master
 1878  plan have occurred, or that the master plan was based on
 1879  substantially inaccurate information provided by the applicant,
 1880  or that change is clearly established to be essential to the
 1881  public health, safety, or welfare. Review of the application for
 1882  master development approval shall be at a level of detail
 1883  appropriate for the long-term and conceptual nature of the long
 1884  term master plan and, to the maximum extent possible, shall only
 1885  consider information provided in the application for a long-term
 1886  master plan. Notwithstanding any provision of s. 380.06 to the
 1887  contrary, an increment of development in such an approved master
 1888  development plan shall be approved by a detailed specific area
 1889  plan pursuant to paragraph (3)(b) and is exempt from review
 1890  pursuant to s 380.06. Beginning December 1, 1999, and each year
 1891  thereafter, the department shall provide a status report to the
 1892  Legislative Committee on Intergovernmental Relations regarding
 1893  each optional sector plan authorized under this section.
 1894         (7) A developer within an area subject to a long-term
 1895  master plan that meets the requirements of paragraph (3)(a) and
 1896  subsection (6) or a detailed specific area plan that meets the
 1897  requirements of paragraph (3)(b) may enter into a development
 1898  agreement with a local government pursuant to ss. 163.3220
 1899  163.3243. The duration of such a development agreement may be
 1900  through the planning period of the long-term master plan or the
 1901  detailed specific area plan, as the case may be, notwithstanding
 1902  the limit on the duration of a development agreement pursuant to
 1903  s. 163.3229.
 1904         (8)Any owner of property within the planning area of a
 1905  proposed long-term master plan may withdraw his consent to the
 1906  master plan at any time prior to local government adoption, and
 1907  the local government shall exclude such parcels from the adopted
 1908  master plan. Thereafter, the long-term master plan, any detailed
 1909  specific area plan, and the exemption from development-of
 1910  regional-impact review under this section do not apply to the
 1911  subject parcels. After adoption of a long-term master plan, an
 1912  owner may withdraw his or her property from the master plan only
 1913  with the approval of the local government by plan amendment.
 1914         (9)The adoption of a long-term master plan or a detailed
 1915  specific area plan pursuant to this section does not limit the
 1916  right to continue existing agricultural or silvicultural uses or
 1917  other natural resource-based operations or to establish similar
 1918  new uses that are consistent with the plans approved pursuant to
 1919  this section.
 1920         (10)Notwithstanding any provision to the contrary of s.
 1921  380.06; this part II; or any planning agreement or plan policy,
 1922  a landowner or developer who has received approval of a master
 1923  development of regional impact development order pursuant to s.
 1924  380.06(21) may apply to implement this order by filing one or
 1925  more applications to approve a detailed specific area plan
 1926  pursuant to paragraph (3)(b).
 1927         (11)Notwithstanding the provisions of this section, a
 1928  detailed specific area plan to implement a conceptual long-term
 1929  buildout overlay, adopted by a local government and found in
 1930  compliance before July 1, 2011, shall be governed by the
 1931  provisions of this section.
 1932         (12) This section may not be construed to abrogate the
 1933  rights of any person under this chapter.
 1934         Section 17. Subsection (9) of section 163.3246, Florida
 1935  Statutes, is amended to read:
 1936         163.3246 Local government comprehensive planning
 1937  certification program.—
 1938         (9)(a) Upon certification all comprehensive plan amendments
 1939  associated with the area certified must be adopted and reviewed
 1940  in the manner described in ss. 163.3184(1), (2), (7), (14),
 1941  (15), and (16) and 163.3187, such that state and regional agency
 1942  review is eliminated. The department may not issue any
 1943  objections, recommendations, and comments report on proposed
 1944  plan amendments or a notice of intent on adopted plan
 1945  amendments; however, affected persons, as defined by s.
 1946  163.3184(1)(a), may file a petition for administrative review
 1947  pursuant to the requirements of s. 163.3187(3)(a) to challenge
 1948  the compliance of an adopted plan amendment.
 1949         (b) Plan amendments that change the boundaries of the
 1950  certification area; propose a rural land stewardship area
 1951  pursuant to s. 163.3177(11)(d); propose a an optional sector
 1952  plan pursuant to s. 163.3245; propose a school facilities
 1953  element; update a comprehensive plan based on an evaluation and
 1954  appraisal report; impact lands outside the certification
 1955  boundary; implement new statutory requirements that mandate
 1956  require specific comprehensive plan amendments; or increase
 1957  hurricane evacuation times or the need for shelter capacity on
 1958  lands within the coastal high-hazard area shall be reviewed
 1959  pursuant to ss. 163.3184 and 163.3187.
 1960         Section 18. Section 163.32465, Florida Statutes, is amended
 1961  to read:
 1962         163.32465 State review of local comprehensive plans in
 1963  urban areas.—
 1964         (1) LEGISLATIVE FINDINGS.—
 1965         (a) The Legislature finds that local governments in this
 1966  state have a wide diversity of resources, conditions, abilities,
 1967  and needs. The Legislature also finds that comprehensive
 1968  planning has been implemented throughout the state and that it
 1969  is appropriate for local governments to have the primary role in
 1970  planning for their growth. the needs and resources of urban
 1971  areas are different from those of rural areas and that different
 1972  planning and growth management approaches, strategies, and
 1973  techniques are required in urban areas. The state role in
 1974  overseeing growth management should reflect this diversity and
 1975  should vary based on local government conditions, capabilities,
 1976  needs, and extent of development. Thus, the Legislature
 1977  recognizes and finds that reduced state oversight of local
 1978  comprehensive planning is justified for some local governments
 1979  in urban areas.
 1980         (b) The Legislature finds and declares that this state’s
 1981  local governments urban areas require a reduced level of state
 1982  oversight because of their high degree of urbanization and the
 1983  planning capabilities and resources of many of their local
 1984  governments. An alternative state review process that is
 1985  adequate to protect issues of regional or statewide importance
 1986  should be created for appropriate local governments in these
 1987  areas. Further, the Legislature finds that development,
 1988  including urban infill and redevelopment, should be encouraged
 1989  in these urban areas. The Legislature finds that an alternative
 1990  Accordingly, the process provided by this section for amending
 1991  local comprehensive plans is in these areas should be
 1992  established with the an objective of streamlining the process
 1993  and recognizing local responsibility and accountability.
 1994         (c)The Legislature finds a pilot program will be
 1995  beneficial in evaluating an alternative, expedited plan
 1996  amendment adoption and review process. Pilot local governments
 1997  shall represent highly developed counties and the municipalities
 1998  within these counties and highly populated municipalities.
 1999         (2) APPLICABILITY ALTERNATIVE STATE REVIEW PROCESS PILOT
 2000  PROGRAM.—The process for amending a comprehensive plan described
 2001  in this section is applicable statewide. Pinellas and Broward
 2002  Counties, and the municipalities within these counties, and
 2003  Jacksonville, Miami, Tampa, and Hialeah shall follow an
 2004  alternative state review process provided in this section.
 2005  Municipalities within the pilot counties may elect, by super
 2006  majority vote of the governing body, not to participate in the
 2007  pilot program. In addition to the pilot program jurisdictions,
 2008  any local government may use the alternative state review
 2009  process to designate an urban service area as defined in s.
 2010  163.3164(29) in its comprehensive plan.
 2011         (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
 2012  UNDER THE PILOT PROGRAM.—
 2013         (a) Plan amendments adopted by local governments are
 2014  subject to the pilot program jurisdictions shall follow the
 2015  alternate, expedited process in subsections (4) and (5), except
 2016  as set forth in paragraphs (b)-(e) of this subsection.
 2017         (b) Amendments that qualify as small-scale development
 2018  amendments may continue to be adopted by the pilot program
 2019  jurisdictions pursuant to s. 163.3187(1)(c) and (3).
 2020         (c) Plan amendments that propose a rural land stewardship
 2021  area pursuant to s. 163.3177(11)(d); propose an optional sector
 2022  plan; update a comprehensive plan based on an evaluation and
 2023  appraisal report; implement new statutory requirements; or new
 2024  plans for newly incorporated municipalities are subject to state
 2025  review as set forth in s. 163.3184.
 2026         (d) Local governments are Pilot program jurisdictions shall
 2027  be subject to the frequency and timing requirements for plan
 2028  amendments set forth in ss. 163.3187 and 163.3191, except where
 2029  otherwise stated in this section.
 2030         (e) The mediation and expedited hearing provisions in s.
 2031  163.3189(3) apply to all plan amendments adopted pursuant to
 2032  this section by the pilot program jurisdictions.
 2033         (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
 2034  PILOT PROGRAM.—
 2035         (a) The local government shall hold its first public
 2036  hearing on a comprehensive plan amendment on a weekday at least
 2037  7 days after the day the first advertisement is published
 2038  pursuant to the requirements of chapter 125 or chapter 166. Upon
 2039  an affirmative vote of not less than a majority of the members
 2040  of the governing body present at the hearing, the local
 2041  government shall immediately transmit the amendment or
 2042  amendments and appropriate supporting data and analyses to the
 2043  state land planning agency; the appropriate regional planning
 2044  council and water management district; the Department of
 2045  Environmental Protection; the Department of State; the
 2046  Department of Transportation; in the case of municipal plans, to
 2047  the appropriate county; the Fish and Wildlife Conservation
 2048  Commission; the Department of Agriculture and Consumer Services;
 2049  and in the case of amendments that include or impact the public
 2050  school facilities element, the Office of Educational Facilities
 2051  of the Commissioner of Education. The local governing body shall
 2052  also transmit a copy of the amendments and supporting data and
 2053  analyses to any other local government or governmental agency
 2054  that has filed a written request with the governing body.
 2055         (b) The agencies and local governments specified in
 2056  paragraph (a) may provide comments regarding the amendment or
 2057  amendments to the local government. The regional planning
 2058  council review and comment shall be limited to effects on
 2059  regional resources or facilities identified in the strategic
 2060  regional policy plan and extrajurisdictional impacts that would
 2061  be inconsistent with the comprehensive plan of the affected
 2062  local government. A regional planning council shall not review
 2063  and comment on a proposed comprehensive plan amendment prepared
 2064  by such council unless the plan amendment has been changed by
 2065  the local government subsequent to the preparation of the plan
 2066  amendment by the regional planning council. County comments on
 2067  municipal comprehensive plan amendments shall be primarily in
 2068  the context of the relationship and effect of the proposed plan
 2069  amendments on the county plan. Municipal comments on county plan
 2070  amendments shall be primarily in the context of the relationship
 2071  and effect of the amendments on the municipal plan. State agency
 2072  comments may include technical guidance on issues of agency
 2073  jurisdiction as it relates to the requirements of this part.
 2074  Such comments shall clearly identify issues that, if not
 2075  resolved, may result in an agency challenge to the plan
 2076  amendment. For the purposes of this pilot program, Agencies are
 2077  encouraged to focus potential challenges on issues of regional
 2078  or statewide importance. Agencies and local governments must
 2079  transmit their comments to the affected local government such
 2080  that they are received by the local government not later than 30
 2081  thirty days from the date on which the agency or government
 2082  received the amendment or amendments.
 2083         (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
 2084  AREAS.—
 2085         (a) The local government shall hold its second public
 2086  hearing, which shall be a hearing on whether to adopt one or
 2087  more comprehensive plan amendments, on a weekday at least 5 days
 2088  after the day the second advertisement is published pursuant to
 2089  the requirements of chapter 125 or chapter 166. Adoption of
 2090  comprehensive plan amendments must be by ordinance and requires
 2091  an affirmative vote of a majority of the members of the
 2092  governing body present at the second hearing.
 2093         (b) All comprehensive plan amendments adopted by the
 2094  governing body along with the supporting data and analysis shall
 2095  be transmitted within 10 days of the second public hearing to
 2096  the state land planning agency and any other agency or local
 2097  government that provided timely comments under paragraph (4)(b).
 2098         (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
 2099  PROGRAM.—
 2100         (a) Any “affected person” as defined in s. 163.3184(1)(a)
 2101  may file a petition with the Division of Administrative Hearings
 2102  pursuant to ss. 120.569 and 120.57, with a copy served on the
 2103  affected local government, to request a formal hearing to
 2104  challenge whether the amendments are “in compliance” as defined
 2105  in s. 163.3184(1)(b). This petition must be filed with the
 2106  Division within 30 days after the local government adopts the
 2107  amendment. The state land planning agency may intervene in a
 2108  proceeding instituted by an affected person.
 2109         (b) The state land planning agency may file a petition with
 2110  the Division of Administrative Hearings pursuant to ss. 120.569
 2111  and 120.57, with a copy served on the affected local government,
 2112  to request a formal hearing. This petition must be filed with
 2113  the Division within 30 days after the state land planning agency
 2114  notifies the local government that the plan amendment package is
 2115  complete. For purposes of this section, an adopted amendment
 2116  package shall be deemed complete if it contains a full, executed
 2117  copy of the adoption ordinance or ordinances; in the case of a
 2118  text amendment, a full copy of the amended language in
 2119  legislative format with new words inserted in the text
 2120  underlined, and words to be deleted lined through with hyphens;
 2121  in the case of a future land use map amendment, a copy of the
 2122  future land use map clearly depicting the parcel, its existing
 2123  future land use designation, and its adopted designation; and a
 2124  copy of any data and analyses the local government deems
 2125  appropriate. The state land planning agency shall notify the
 2126  local government of any deficiencies within 5 working days of
 2127  receipt of an amendment package.
 2128         (c) The state land planning agency’s challenge shall be
 2129  limited to those issues raised in the comments provided by the
 2130  reviewing agencies pursuant to paragraph (4)(b). The state land
 2131  planning agency may challenge a plan amendment that has
 2132  substantially changed from the version on which the agencies
 2133  provided comments. For the purposes of this pilot program, The
 2134  Legislature strongly encourages the state land planning agency
 2135  to focus any challenge on issues of regional or statewide
 2136  importance.
 2137         (d) An administrative law judge shall hold a hearing in the
 2138  affected local jurisdiction. The local government’s
 2139  determination that the amendment is “in compliance” is presumed
 2140  to be correct and shall be sustained unless it is shown by a
 2141  preponderance of the evidence that the amendment is not “in
 2142  compliance.”
 2143         (e) If the administrative law judge recommends that the
 2144  amendment be found not in compliance, the judge shall submit the
 2145  recommended order to the Administration Commission for final
 2146  agency action. The Administration Commission shall enter a final
 2147  order within 45 days after its receipt of the recommended order.
 2148         (f) If the administrative law judge recommends that the
 2149  amendment be found in compliance, the judge shall submit the
 2150  recommended order to the state land planning agency.
 2151         1. If the state land planning agency determines that the
 2152  plan amendment should be found not in compliance, the agency
 2153  shall refer, within 30 days of receipt of the recommended order,
 2154  the recommended order and its determination to the
 2155  Administration Commission for final agency action. If the
 2156  commission determines that the amendment is not in compliance,
 2157  it may sanction the local government as set forth in s.
 2158  163.3184(11).
 2159         2. If the state land planning agency determines that the
 2160  plan amendment should be found in compliance, the agency shall
 2161  enter its final order not later than 30 days from receipt of the
 2162  recommended order.
 2163         (g) An amendment adopted under the expedited provisions of
 2164  this section shall not become effective until 31 days after
 2165  adoption. If timely challenged, an amendment shall not become
 2166  effective until the state land planning agency or the
 2167  Administration Commission enters a final order determining the
 2168  adopted amendment to be in compliance.
 2169         (h) Parties to a proceeding under this section may enter
 2170  into compliance agreements using the process in s. 163.3184(16).
 2171  Any remedial amendment adopted pursuant to a settlement
 2172  agreement shall be provided to the agencies and governments
 2173  listed in paragraph (4)(a).
 2174         (7)APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
 2175  GOVERNMENTS.—Local governments and specific areas that have been
 2176  designated for alternate review process pursuant to ss. 163.3246
 2177  and 163.3184(17) and (18) are not subject to this section.
 2178         (8)RULEMAKING AUTHORITY FOR PILOT PROGRAM.—Agencies shall
 2179  not promulgate rules to implement this pilot program.
 2180         (9)REPORT.—The Office of Program Policy Analysis and
 2181  Government Accountability shall submit to the Governor, the
 2182  President of the Senate, and the Speaker of the House of
 2183  Representatives by December 1, 2008, a report and
 2184  recommendations for implementing a statewide program that
 2185  addresses the legislative findings in subsection (1) in areas
 2186  that meet urban criteria. The Office of Program Policy Analysis
 2187  and Government Accountability in consultation with the state
 2188  land planning agency shall develop the report and
 2189  recommendations with input from other state and regional
 2190  agencies, local governments, and interest groups. Additionally,
 2191  the office shall review local and state actions and
 2192  correspondence relating to the pilot program to identify issues
 2193  of process and substance in recommending changes to the pilot
 2194  program. At a minimum, the report and recommendations shall
 2195  include the following:
 2196         (a)Identification of local governments beyond those
 2197  participating in the pilot program that should be subject to the
 2198  alternative expedited state review process. The report may
 2199  recommend that pilot program local governments may no longer be
 2200  appropriate for such alternative review process.
 2201         (b)Changes to the alternative expedited state review
 2202  process for local comprehensive plan amendments identified in
 2203  the pilot program.
 2204         (c)Criteria for determining issues of regional or
 2205  statewide importance that are to be protected in the alternative
 2206  state review process.
 2207         (d)In preparing the report and recommendations, the Office
 2208  of Program Policy Analysis and Government Accountability shall
 2209  consult with the state land planning agency, the Department of
 2210  Transportation, the Department of Environmental Protection, and
 2211  the regional planning agencies in identifying highly developed
 2212  local governments to participate in the alternative expedited
 2213  state review process. The Office of Program Policy Analysis and
 2214  Governmental Accountability shall also solicit citizen input in
 2215  the potentially affected areas and consult with the affected
 2216  local governments and stakeholder groups.
 2217         Section 19. Section 215.559, Florida Statutes, is amended
 2218  to read:
 2219         215.559 Hurricane Loss Mitigation Program.—
 2220         (1) There is created A Hurricane Loss Mitigation Program is
 2221  established in the Office of Emergency Management.
 2222         (1) The Legislature shall annually appropriate $10 million
 2223  of the moneys authorized for appropriation under s.
 2224  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
 2225  office Department of Community Affairs for the purposes set
 2226  forth in this section. Of the amount:
 2227         (2)(a) Seven million dollars in funds provided in
 2228  subsection (1) shall be used for programs to improve the wind
 2229  resistance of residences and mobile homes, including loans,
 2230  subsidies, grants, demonstration projects, and direct
 2231  assistance; educating persons concerning the Florida Building
 2232  Code cooperative programs with local governments and the Federal
 2233  Government; and other efforts to prevent or reduce losses or
 2234  reduce the cost of rebuilding after a disaster.
 2235         (b) Three million dollars in funds provided in subsection
 2236  (1) shall be used to retrofit existing facilities used as public
 2237  hurricane shelters. Each year the office shall department must
 2238  prioritize the use of these funds for projects included in the
 2239  annual report of the September 1, 2000, version of the Shelter
 2240  Retrofit Report prepared in accordance with s. 252.385(3), and
 2241  each annual report thereafter. The office department must give
 2242  funding priority to projects in regional planning council
 2243  regions that have shelter deficits and to projects that maximize
 2244  the use of state funds.
 2245         (2)(3)(a) Forty percent of the total appropriation in
 2246  paragraph (1)(a) (2)(a) shall be used to inspect and improve
 2247  tie-downs for mobile homes.
 2248         (b)1. There is created The Manufactured Housing and Mobile
 2249  Home Mitigation and Enhancement Program is established. The
 2250  program shall require the mitigation of damage to or the
 2251  enhancement of homes for the areas of concern raised by the
 2252  Department of Highway Safety and Motor Vehicles in the 2004-2005
 2253  Hurricane Reports on the effects of the 2004 and 2005 hurricanes
 2254  on manufactured and mobile homes in this state. The mitigation
 2255  or enhancement must include, but need not be limited to,
 2256  problems associated with weakened trusses, studs, and other
 2257  structural components caused by wood rot or termite damage;
 2258  site-built additions; or tie-down systems and may also address
 2259  any other issues deemed appropriate by Tallahassee Community
 2260  College, the Federation of Manufactured Home Owners of Florida,
 2261  Inc., the Florida Manufactured Housing Association, and the
 2262  Department of Highway Safety and Motor Vehicles. The program
 2263  shall include an education and outreach component to ensure that
 2264  owners of manufactured and mobile homes are aware of the
 2265  benefits of participation.
 2266         2. The program shall be a grant program that ensures that
 2267  entire manufactured home communities and mobile home parks may
 2268  be improved wherever practicable. The moneys appropriated for
 2269  this program shall be distributed directly to Tallahassee
 2270  Community College for the uses set forth under this subsection.
 2271         3. Upon evidence of completion of the program, the Citizens
 2272  Property Insurance Corporation shall grant, on a pro rata basis,
 2273  actuarially reasonable discounts, credits, or other rate
 2274  differentials or appropriate reductions in deductibles for the
 2275  properties of owners of manufactured homes or mobile homes on
 2276  which fixtures or construction techniques that have been
 2277  demonstrated to reduce the amount of loss in a windstorm have
 2278  been installed or implemented. The discount on the premium must
 2279  be applied to subsequent renewal premium amounts. Premiums of
 2280  the Citizens Property Insurance Corporation must reflect the
 2281  location of the home and the fact that the home has been
 2282  installed in compliance with building codes adopted after
 2283  Hurricane Andrew. Rates resulting from the completion of the
 2284  Manufactured Housing and Mobile Home Mitigation and Enhancement
 2285  Program are not considered competitive rates for the purposes of
 2286  s. 627.351(6)(d)1. and 2.
 2287         4. On or before January 1 of each year, Tallahassee
 2288  Community College shall provide a report of activities under
 2289  this subsection to the Governor, the President of the Senate,
 2290  and the Speaker of the House of Representatives. The report must
 2291  set forth the number of homes that have taken advantage of the
 2292  program, the types of enhancements and improvements made to the
 2293  manufactured or mobile homes and attachments to such homes, and
 2294  whether there has been an increase in availability of insurance
 2295  products to owners of manufactured or mobile homes.
 2296  
 2297  Tallahassee Community College shall develop the programs set
 2298  forth in this subsection in consultation with the Federation of
 2299  Manufactured Home Owners of Florida, Inc., the Florida
 2300  Manufactured Housing Association, and the Department of Highway
 2301  Safety and Motor Vehicles. The moneys appropriated for the
 2302  programs set forth in this subsection shall be distributed
 2303  directly to Tallahassee Community College to be used as set
 2304  forth in this subsection.
 2305         (3)(4) Of moneys provided to the Department of Community
 2306  Affairs in paragraph (1)(a) (2)(a), 10 percent shall be
 2307  allocated to the Florida International University center
 2308  dedicated to hurricane research. The center shall develop a
 2309  preliminary work plan approved by the advisory council set forth
 2310  in subsection (4) (5) to eliminate the state and local barriers
 2311  to upgrading existing mobile homes and communities, research and
 2312  develop a program for the recycling of existing older mobile
 2313  homes, and support programs of research and development relating
 2314  to hurricane loss reduction devices and techniques for site
 2315  built residences. The State University System also shall consult
 2316  with the Department of Community Affairs and assist the
 2317  department with the report required under subsection (6) (7).
 2318         (4)(5) Except for the programs set forth in subsection (3)
 2319  (4), the office Department of Community Affairs shall develop
 2320  the programs set forth in this section in consultation with an
 2321  advisory council consisting of a representative designated by
 2322  the Chief Financial Officer, a representative designated by the
 2323  Florida Home Builders Association, a representative designated
 2324  by the Florida Insurance Council, a representative designated by
 2325  the Federation of Manufactured Home Owners, a representative
 2326  designated by the Florida Association of Counties, and a
 2327  representative designated by the Florida Manufactured Housing
 2328  Association, and a representative designated by the Florida
 2329  Building Commission.
 2330         (5)(6) Moneys provided to the office Department of
 2331  Community Affairs under this section are intended to supplement,
 2332  not supplant, the office’s other funding sources of the
 2333  Department of Community Affairs and may not supplant other
 2334  funding sources of the Department of Community Affairs.
 2335         (8)(7) On January 1st of each year, the office Department
 2336  of Community Affairs shall provide a full report and accounting
 2337  of activities under this section and an evaluation of such
 2338  activities to the Speaker of the House of Representatives, the
 2339  President of the Senate, and the Majority and Minority Leaders
 2340  of the House of Representatives and the Senate. Upon completion
 2341  of the report, the office Department of Community Affairs shall
 2342  deliver the report to the Office of Insurance Regulation. The
 2343  Office of Insurance Regulation shall review the report and shall
 2344  make such recommendations available to the insurance industry as
 2345  the Office of Insurance Regulation deems appropriate. These
 2346  recommendations may be used by insurers for potential discounts
 2347  or rebates pursuant to s. 627.0629. The Office of Insurance
 2348  Regulation shall make such the recommendations within 1 year
 2349  after receiving the report.
 2350         (8)(a) Notwithstanding any other provision of this section
 2351  and for the 2010-2011 fiscal year only, the $3 million
 2352  appropriation provided for in paragraph (2)(b) may be used for
 2353  hurricane shelters as identified in the General Appropriations
 2354  Act.
 2355         (b) This subsection expires June 30, 2011.
 2356         Section 20. Section 288.005, Florida Statutes, is created
 2357  to read:
 2358         288.005Definitions.—As used in this chapter, the following
 2359  words and phrases shall have the following meanings and
 2360  references:
 2361         (1) “Economic benefits” means the direct, indirect, and
 2362  induced gains in state revenues as a percentage of the state’s
 2363  investment. The state’s investment includes state grants, tax
 2364  exemptions, tax refunds, tax credits, and other state
 2365  incentives.
 2366         (2) “Commissioner” means the commissioner of Jobs Florida,
 2367  unless otherwise stated.
 2368         Section 21. Section 288.048, Florida Statutes, is created
 2369  to read:
 2370         288.048Incumbent worker training for economic
 2371  development.—
 2372         (1)The Incumbent Worker Training Program is created within
 2373  Jobs Florida for the purpose of providing grant funding for
 2374  continuing education and training of incumbent employees at
 2375  existing Florida businesses. The program will provide
 2376  reimbursement grants to businesses that pay for preapproved,
 2377  direct, training-related costs.
 2378         (2)The Incumbent Worker Training Program is administered
 2379  by Jobs Florida in conjunction with Workforce Florida, Inc. Jobs
 2380  Florida, at its discretion, may contract with a private business
 2381  organization to serve as the grant administrator.
 2382         (3)To be eligible for the program’s grant funding, a
 2383  business must have been in operation in this state for at least
 2384  1 year before applying for grant funding; have at least one
 2385  full-time employee; demonstrate financial viability; and be
 2386  current on all state tax obligations. Priority for funding shall
 2387  be given to businesses having 25 or fewer employees, businesses
 2388  in rural areas, businesses in distressed inner-city areas,
 2389  businesses in a qualified targeted industry, businesses whose
 2390  grant proposals represent a significant upgrade in employee
 2391  skills, or businesses whose grant proposals represent a
 2392  significant layoff avoidance strategy.
 2393         (4)All costs reimbursed by the program must be preapproved
 2394  by Jobs Florida or the grant administrator. The program will not
 2395  reimburse businesses for trainee wages, the purchase of capital
 2396  equipment, or the purchase of any item or service that may be
 2397  used outside the training project. A business approved for a
 2398  grant may be reimbursed for preapproved, direct, training
 2399  related costs including tuition, fees, books and training
 2400  materials, and overhead or indirect costs not to exceed 5
 2401  percent of the grant amount.
 2402         (5)A business that is selected to receive grant funding
 2403  must provide a matching contribution to the training project,
 2404  including, but not limited to, wages paid to trainees or the
 2405  purchase of capital equipment used in the training project; must
 2406  sign an agreement with Jobs Florida or the grant administrator
 2407  to complete the training project as proposed in the application;
 2408  must keep accurate records of the project’s implementation
 2409  process; and must submit monthly or quarterly reimbursement
 2410  requests with required documentation.
 2411         (6)All Incumbent Worker Training Program grant projects
 2412  shall be performance-based with specific measurable performance
 2413  outcomes, including completion of the training project and job
 2414  retention. Jobs Florida or the grant administrator shall
 2415  withhold the final payment to the grantee until a final grant
 2416  report is submitted and all performance criteria specified in
 2417  the grant contract have been achieved.
 2418         (7)Jobs Florida may establish guidelines, in conjunction
 2419  with Workforce Florida, Inc., necessary to implement the
 2420  Incumbent Worker Training Program.
 2421         (8)No more than 10 percent of the Incumbent Worker
 2422  Training Program’s total appropriation may be used for overhead
 2423  or indirect purposes. Federal funds available for the program
 2424  are limited as set forth in s. 443.003(3).
 2425         Section 22. Section 288.061, Florida Statutes, is amended
 2426  to read:
 2427         288.061 Economic development incentive application
 2428  process.—
 2429         (1) Within 10 business days after receiving a submitted
 2430  economic development incentive application, the Division of
 2431  Strategic Business Development of Jobs Florida and designated
 2432  staff of the Jobs Florida Partnership Enterprise Florida, Inc.,
 2433  shall review the application and inform the applicant business
 2434  whether or not its application is complete, whether and what
 2435  type of state and local permits may be necessary for the
 2436  applicant’s project, whether it is possible to waive such
 2437  permits, and what state incentives and amounts of such
 2438  incentives may be available to the applicant. Within 10 business
 2439  days after the application is deemed complete, Enterprise
 2440  Florida, Inc., shall evaluate the application and recommend
 2441  approval or disapproval of the application to the director of
 2442  the Office of Tourism, Trade, and Economic Development. In
 2443  recommending an applicant business for approval, Enterprise
 2444  Florida, Inc., shall include in its evaluation a recommended
 2445  grant award amount and a review of the applicant’s ability to
 2446  meet specific program criteria.
 2447         (2) Within 14 business 10 calendar days after the initial
 2448  review and communication with the applicant, Jobs Florida shall
 2449  the Office of Tourism, Trade, and Economic Development receives
 2450  the evaluation and recommendation from Enterprise Florida, Inc.,
 2451  the Office shall notify Enterprise Florida, Inc., whether or not
 2452  the application is reviewable. Within 22 calendar days after the
 2453  Office receives the recommendation from Enterprise Florida,
 2454  Inc., the director of the Office shall review the application
 2455  and issue a letter of certification to the applicant which that
 2456  approves or disapproves an applicant business and includes a
 2457  justification of that decision, unless the business requests an
 2458  extension of that time.
 2459         (a) The final order or agreement with the applicant shall
 2460  specify the total amount of the award, the performance
 2461  conditions that must be met to obtain the award, and the
 2462  schedule for payment. Jobs Florida may enter into one agreement
 2463  or issue one final order covering all of the state incentives
 2464  that are being provided to the applicant.
 2465         (b) The release of funds for the incentive or incentives
 2466  awarded to the applicant depends upon the statutory requirements
 2467  of the particular incentive program.
 2468         Section 23. Section 288.095, Florida Statutes, is amended
 2469  to read:
 2470         288.095 Economic Development Trust Fund.—
 2471         (1) The Economic Development Trust Fund is created within
 2472  Jobs Florida the Office of Tourism, Trade, and Economic
 2473  Development. Moneys deposited into the fund must be used only to
 2474  support the authorized activities and operations of Jobs Florida
 2475  the Office.
 2476         (2) There is created, within the Economic Development Trust
 2477  Fund, the Economic Development Incentives Account. The Economic
 2478  Development Incentives Account consists of moneys appropriated
 2479  to the account for purposes of the tax incentives programs
 2480  authorized under ss. 288.1045 and 288.106; the, and local
 2481  financial support provided under ss. 288.1045 and 288.106; and
 2482  the federal funds designated for purposes of s. 288.048. Moneys
 2483  in the Economic Development Incentives Account shall be subject
 2484  to the provisions of s. 216.301(1)(a). Federal funds set aside
 2485  for the incumbent worker training program under s. 288.048 may
 2486  not be used for any other economic development program.
 2487         (3)(a) Jobs Florida The Office of Tourism, Trade, and
 2488  Economic Development may approve applications for certification
 2489  pursuant to ss. 288.1045(3) and 288.106. However, the total
 2490  state share of tax refund payments scheduled in all active
 2491  certifications for fiscal year 2001-2002 may not exceed $30
 2492  million. The total for each subsequent fiscal year may not
 2493  exceed $35 million.
 2494         (b) The total amount of tax refund claims approved for
 2495  payment by Jobs Florida the Office of Tourism, Trade, and
 2496  Economic Development based on actual project performance may not
 2497  exceed the amount appropriated to the Economic Development
 2498  Incentives Account for such purposes for the fiscal year. Claims
 2499  for tax refunds under ss. 288.1045 and 288.106 shall be paid in
 2500  the order the claims are approved by Jobs Florida the Office of
 2501  Tourism, Trade, and Economic Development. In the event the
 2502  Legislature does not appropriate an amount sufficient to satisfy
 2503  the tax refunds under ss. 288.1045 and 288.106 in a fiscal year,
 2504  Jobs Florida the Office of Tourism, Trade, and Economic
 2505  Development shall pay the tax refunds from the appropriation for
 2506  the following fiscal year. By March 1 of each year, Jobs Florida
 2507  the Office of Tourism, Trade, and Economic Development shall
 2508  notify the legislative appropriations committees of the Senate
 2509  and House of Representatives of any anticipated shortfall in the
 2510  amount of funds needed to satisfy claims for tax refunds from
 2511  the appropriation for the current fiscal year.
 2512         (c) Pursuant to s. 288.907 By December 31 of each year,
 2513  Jobs Florida Enterprise Florida, Inc., shall submit a complete
 2514  and detailed annual report to the Governor, the President of the
 2515  Senate, and the Speaker of the House of Representatives, and the
 2516  director of the Office of Tourism, Trade, and Economic
 2517  Development of all applications received, recommendations made
 2518  to Jobs Florida the Office of Tourism, Trade, and Economic
 2519  Development, final decisions issued, tax refund agreements
 2520  executed, and tax refunds paid or other payments made under all
 2521  programs funded out of the Economic Development Incentives
 2522  Account, including analyses of benefits and costs, types of
 2523  projects supported, and employment and investment created. Jobs
 2524  Florida Enterprise Florida, Inc., shall also include a separate
 2525  analysis of the impact of such tax refunds on state enterprise
 2526  zones designated pursuant to s. 290.0065, rural communities,
 2527  brownfield areas, and distressed urban communities. The report
 2528  must also discuss the efforts made by Jobs Florida the Office of
 2529  Tourism, Trade, and Economic Development to amend tax refund
 2530  agreements to require tax refund claims to be submitted by
 2531  January 31 for the net new full-time equivalent jobs in this
 2532  state as of December 31 of the preceding calendar year. The
 2533  report must also list the name and tax refund amount for each
 2534  business that has received a tax refund under s. 288.1045 or s.
 2535  288.106 during the preceding fiscal year. The Office of Tourism,
 2536  Trade, and Economic Development shall assist Enterprise Florida,
 2537  Inc., in the collection of data related to business performance
 2538  and incentive payments.
 2539         (d) Moneys in the Economic Development Incentives Account
 2540  may be used only to pay tax refunds and make other payments
 2541  authorized for the programs identified by law under s. 288.1045,
 2542  s. 288.106, or s. 288.107.
 2543         (e) Jobs Florida The Office of Tourism, Trade, and Economic
 2544  Development may adopt rules necessary to carry out the
 2545  provisions of this subsection, including rules providing for the
 2546  use of moneys in the Economic Development Incentives Account and
 2547  for the administration of the Economic Development Incentives
 2548  Account.
 2549         Section 24. Section 288.1081, Florida Statutes, is amended
 2550  to read:
 2551         288.1081 Economic Gardening Business Loan Pilot Program.—
 2552         (1) There is created within Jobs Florida the Office of
 2553  Tourism, Trade, and Economic Development the Economic Gardening
 2554  Business Loan Pilot Program. The purpose of the pilot program is
 2555  to stimulate investment in Florida’s economy by providing loans
 2556  to expanding businesses in the state. As used in this section,
 2557  the term “office” means the Office of Tourism, Trade, and
 2558  Economic Development.
 2559         (2) The Legislature finds that it is vital to the overall
 2560  health and growth of the state’s economy to promote favorable
 2561  conditions for expanding Florida businesses that demonstrate the
 2562  ability to grow. The Legislature further finds that, due to the
 2563  current extraordinary economic challenges confronting the state,
 2564  there exists a public purpose in expending state resources to
 2565  stimulate investment in Florida’s economy. It is therefore the
 2566  intent of the Legislature that resources be provided for the
 2567  loan pilot program.
 2568         (3)(a) To be eligible for a loan under the pilot program,
 2569  an applicant must be a business eligible for assistance under
 2570  the Economic Gardening Technical Assistance Pilot Program as
 2571  provided in s. 288.1082(4)(a).
 2572         (b) A loan applicant must submit a written application to
 2573  the loan administrator in the format prescribed by the loan
 2574  administrator. The application must include:
 2575         1. The applicant’s federal employer identification number,
 2576  unemployment account number, and sales or other tax registration
 2577  number.
 2578         2. The street address of the applicant’s principal place of
 2579  business in this state.
 2580         3. A description of the type of economic activity, product,
 2581  or research and development undertaken by the applicant,
 2582  including the six-digit North American Industry Classification
 2583  System code for each type of economic activity conducted by the
 2584  applicant.
 2585         4. The applicant’s annual revenue, number of employees,
 2586  number of full-time equivalent employees, and other information
 2587  necessary to verify the applicant’s eligibility for the
 2588  technical assistance pilot program under s. 288.1082(4)(a).
 2589         5. The projected investment in the business, if any, which
 2590  the applicant proposes in conjunction with the loan.
 2591         6. The total investment in the business from all sources,
 2592  if any, which the applicant proposes in conjunction with the
 2593  loan.
 2594         7. The number of net new full-time equivalent jobs that, as
 2595  a result of the loan, the applicant proposes to create in this
 2596  state as of December 31 of each year and the average annual wage
 2597  of the proposed jobs.
 2598         8. The total number of full-time equivalent employees the
 2599  applicant currently employs in this state.
 2600         9. The date that the applicant anticipates it needs the
 2601  loan.
 2602         10. A detailed explanation of why the loan is needed to
 2603  assist the applicant in expanding jobs in the state.
 2604         11. A statement that all of the applicant’s available
 2605  corporate assets are pledged as collateral for the amount of the
 2606  loan.
 2607         12. A statement that the applicant, upon receiving the
 2608  loan, agrees not to seek additional long-term debt without prior
 2609  approval of the loan administrator.
 2610         13. A statement that the loan is a joint obligation of the
 2611  business and of each person who owns at least 20 percent of the
 2612  business.
 2613         14. Any additional information requested by Jobs Florida
 2614  the office or the loan administrator.
 2615         (c) The loan administrator, after verifying the accuracy of
 2616  a submitted application, shall award the loan to the applicant
 2617  if the administrator determines that the applicant, as compared
 2618  to other applicants submitting applications, is in the best
 2619  position to use the loan to continue making a successful long
 2620  term business commitment to the state. The loan administrator
 2621  also shall consider the following factors:
 2622         1. Whether the applicant has applied for or received
 2623  incentives from local governments;
 2624         2. Whether the applicant has applied for or received
 2625  waivers of taxes, impact fees, or other fees or charges by local
 2626  governments; and
 2627         3. What other sources of investments or financing for the
 2628  project that is the subject of the loan application will be
 2629  available to the applicant.
 2630         (d) A borrower awarded a loan under this section and the
 2631  loan administrator must enter into a loan agreement that
 2632  provides for the borrower’s repayment of the loan.
 2633         (4) The following terms apply to a loan received under the
 2634  pilot program:
 2635         (a) The maximum amount of the loan is $250,000.
 2636         (b) The proceeds of the loan may be used for working
 2637  capital purchases, employee training, or salaries for newly
 2638  created jobs in the state.
 2639         (c) The security interest for the loan’s collateral
 2640  covering all of the borrower’s available corporate assets to
 2641  cover the amount of the loan must be perfected by recording a
 2642  lien under the Uniform Commercial Code.
 2643         (d) The period of the loan is 4 years.
 2644         (e) The interest rate of the loan is 2 percent. However, if
 2645  the borrower does not create the projected number of jobs within
 2646  the terms of the loan agreement, the interest rate shall be
 2647  increased for the remaining period of the loan to the prime rate
 2648  published in the Wall Street Journal, as of the date specified
 2649  in the loan agreement, plus 4 percentage points. The loan
 2650  agreement may provide flexibility in meeting the projected
 2651  number of jobs for delays due to governmental regulatory issues,
 2652  including, but not limited to, permitting.
 2653         (f) For the first 12 months of the loan, payment is due for
 2654  interest only, payable during the twelfth month. Thereafter,
 2655  payment for interest and principal is due each month until the
 2656  loan is paid in full. Interest and principal payments are based
 2657  on the unpaid balance of the total loan amount.
 2658         (5)(a) Jobs Florida the Office may designate one or more
 2659  qualified entities to serve as loan administrators for the pilot
 2660  program. A loan administrator must:
 2661         1. Be a Florida corporation not for profit incorporated
 2662  under chapter 617 which has its principal place of business in
 2663  the state.
 2664         2. Have 5 years of verifiable experience of lending to
 2665  businesses in this state.
 2666         3. Submit an application to Jobs Florida the Office on
 2667  forms prescribed by Jobs Florida the Office. The application
 2668  must include the loan administrator’s business plan for its
 2669  proposed lending activities under the pilot program, including,
 2670  but not limited to, a description of its outreach efforts,
 2671  underwriting, credit policies and procedures, credit decision
 2672  processes, monitoring policies and procedures, and collection
 2673  practices; the membership of its board of directors; and samples
 2674  of its currently used loan documentation. The application must
 2675  also include a detailed description and supporting documentation
 2676  of the nature of the loan administrator’s partnerships with
 2677  local or regional economic and business development
 2678  organizations.
 2679         (b) Jobs Florida The Office, upon selecting a loan
 2680  administrator, shall enter into a grant agreement with the
 2681  administrator to issue the available loans to eligible
 2682  applicants. The grant agreement must specify the aggregate
 2683  amount of the loans authorized for award by the loan
 2684  administrator. The term of the grant agreement must be at least
 2685  4 years, except that Jobs Florida the Office may terminate the
 2686  agreement earlier if the loan administrator fails to meet
 2687  minimum performance standards set by Jobs Florida the office.
 2688  The grant agreement may be amended by mutual consent of both
 2689  parties.
 2690         (c) Jobs Florida The Office shall disburse from the
 2691  Economic Development Trust Fund to the loan administrator the
 2692  appropriations provided for the pilot program. Disbursements to
 2693  the loan administrator must not exceed the aggregate amount of
 2694  the loans authorized in the grant agreement. Jobs Florida the
 2695  Office may not disburse more than 50 percent of the aggregate
 2696  amount of the loans authorized in the grant agreement until Jobs
 2697  Florida the Office verifies the borrowers’ use of the loan
 2698  proceeds and the loan administrator’s successful credit
 2699  decisionmaking policies.
 2700         (e) A loan administrator, after collecting the servicing
 2701  fee in accordance with paragraph (d), shall use remit the
 2702  borrower’s collected interest, principal payments, and charges
 2703  for late payments to provide additional loans to eligible
 2704  borrowers under this section the office on a quarterly basis. If
 2705  the borrower defaults on the loan, the loan administrator shall
 2706  initiate collection efforts to seek repayment of the loan. The
 2707  loan administrator may, upon collecting payments for a defaulted
 2708  loan, deduct the costs of the administrator’s collection efforts
 2709  shall remit the payments to the office but, to the extent
 2710  authorized in the grant agreement, and shall use the remaining
 2711  payments to provide additional loans to eligible borrowers under
 2712  this section may deduct the costs of the administrator’s
 2713  collection efforts. The Office shall deposit all funds received
 2714  under this paragraph in the General Revenue Fund.
 2715         (f) A loan administrator shall submit quarterly reports to
 2716  Jobs Florida the Office which include the information required
 2717  in the grant agreement. A quarterly report must include, at a
 2718  minimum, the number of full-time equivalent jobs created as a
 2719  result of the loans, the amount of wages paid to employees in
 2720  the newly created jobs, and the locations and types of economic
 2721  activity undertaken by the borrowers.
 2722         (6) All notes, mortgages, security agreements, letters of
 2723  credit, or other instruments that are given to secure the
 2724  repayment of loans issued in connection with the financing of
 2725  any loan under the program, without regard to the status of any
 2726  party thereto as a private party, are exempt from taxation by
 2727  the state and its political subdivisions. The exemption granted
 2728  in this subsection does not apply to any tax imposed by chapter
 2729  220 on interest, income, or profits on debt obligations owned by
 2730  corporations.
 2731         (7) Jobs Florida The Office shall adopt rules under ss.
 2732  120.536(1) and 120.54 to administer this section. To the extent
 2733  necessary to expedite implementation of the pilot program, the
 2734  Office may adopt initial emergency rules for the pilot program
 2735  in accordance with s. 120.54(4).
 2736         (8) On June 30 and December 31 of each year, Jobs Florida
 2737  beginning in 2009, the Office shall submit a report to the
 2738  Governor, the President of the Senate, and the Speaker of the
 2739  House of Representatives which describes in detail the use of
 2740  the loan funds. The report must include, at a minimum, the
 2741  number of businesses receiving loans, the number of full-time
 2742  equivalent jobs created as a result of the loans, the amount of
 2743  wages paid to employees in the newly created jobs, the locations
 2744  and types of economic activity undertaken by the borrowers, the
 2745  amounts of loan repayments made to date, and the default rate of
 2746  borrowers.
 2747         (9) Unexpended balances of appropriations provided for the
 2748  loan pilot program shall not revert to the fund from which the
 2749  appropriation was made at the end of a fiscal year but shall be
 2750  retained in the Economic Development Trust Fund and be carried
 2751  forward for expenditure for the pilot program during the
 2752  following fiscal year. A loan administrator may not award a new
 2753  loan or enter into a loan agreement after June 30, 2011.
 2754  Balances of appropriations provided for the pilot program which
 2755  remain unexpended as of July 1, 2011, shall revert to the
 2756  General Revenue Fund.
 2757         (10) This section is repealed July 1, 2016, unless reviewed
 2758  and reenacted by the Legislature before that date.
 2759         Section 25. Section 288.1082, Florida Statutes, is amended
 2760  to read:
 2761         288.1082 Economic Gardening Technical Assistance Pilot
 2762  Program.—
 2763         (1) There is created within Jobs Florida The Office of
 2764  Tourism, Trade, and Economic Development the Economic Gardening
 2765  Technical Assistance Pilot Program. The purpose of the pilot
 2766  program is to stimulate investment in Florida’s economy by
 2767  providing technical assistance for expanding businesses in the
 2768  state. As used in this section, the term “Office” means the
 2769  Office of Tourism, Trade, and Economic Development.
 2770         (2) Jobs Florida The Office shall contract with one or more
 2771  entities to administer the technical assistance pilot program
 2772  under this section. Jobs Florida The Office shall award each
 2773  contract in accordance with the competitive bidding requirements
 2774  in s. 287.057 to an entity that demonstrates the ability to
 2775  implement the pilot program on a statewide basis, has an
 2776  outreach plan, and has the ability to provide counseling
 2777  services, access to technology and information, marketing
 2778  services and advice, business management support, and other
 2779  similar services. In selecting these entities, Jobs Florida the
 2780  Office also must consider whether the entities will qualify for
 2781  matching funds to provide the technical assistance.
 2782         (3) A contracted entity administering the pilot program
 2783  shall provide technical assistance for eligible businesses which
 2784  includes, but is not limited to:
 2785         (a) Access to free or affordable information services and
 2786  consulting services, including information on markets,
 2787  customers, and competitors, such as business databases,
 2788  geographic information systems, and search engine marketing.
 2789         (b) Development of business connections, including
 2790  interaction and exchange among business owners and resource
 2791  providers, such as trade associations, think tanks, academic
 2792  institutions, business roundtables, peer-to-peer learning
 2793  sessions, and mentoring programs.
 2794         (4)(a) To be eligible for assistance under the pilot
 2795  program, a business must be a for-profit, privately held,
 2796  investment-grade business that employs at least 10 persons but
 2797  not more than 50 persons, has maintained its principal place of
 2798  business in the state for at least the previous 2 years,
 2799  generates at least $1 million but not more than $25 million in
 2800  annual revenue, qualifies for the tax refund program for
 2801  qualified target industry businesses under s. 288.106, and,
 2802  during 3 of the previous 5 years, has increased both its number
 2803  of full-time equivalent employees in this state and its gross
 2804  revenues.
 2805         (b) The A contracted entity administering the pilot
 2806  program, in selecting the eligible businesses to receive
 2807  assistance, shall choose businesses in more than one industry
 2808  cluster and, to the maximum extent practicable, shall choose
 2809  businesses that are geographically distributed throughout
 2810  Florida or are in partnership with businesses that are
 2811  geographically distributed throughout Florida.
 2812         (5)(a) A business receiving assistance under the pilot
 2813  program must enter into an agreement with the contracted entity
 2814  administering the program to establish the business’s commitment
 2815  to participation in the pilot program. The agreement must
 2816  require, at a minimum, that the business:
 2817         1. Attend a minimum number of meetings between the business
 2818  and the contracted entity administering the pilot program.
 2819         2. Report job creation data in the manner prescribed by the
 2820  contracted entity administering the pilot program.
 2821         3. Provide financial data in the manner prescribed by the
 2822  contracted entity administering the program.
 2823         (b) Jobs Florida The office or the contracted entity
 2824  administering the pilot program may prescribe in the agreement
 2825  additional reporting requirements that are necessary to track
 2826  the progress of the business and monitor the business’s
 2827  implementation of the assistance. The contracted entity shall
 2828  report the information to Jobs Florida the office on a quarterly
 2829  basis.
 2830         (6) The A contracted entity administering the pilot program
 2831  is authorized to promote the general business interests or
 2832  industrial interests of the state.
 2833         (7) Jobs Florida The Office shall review the progress of
 2834  the a contracted entity administering the pilot program at least
 2835  once each 6 months and shall determine whether the contracted
 2836  entity is meeting its contractual obligations for administering
 2837  the pilot program. Jobs Florida The Office may terminate and
 2838  rebid a contract if the contracted entity does not meet its
 2839  contractual obligations.
 2840         (8) On December 31 of each year, Jobs Florida beginning in
 2841  2009, the Office shall submit a report to the Governor, the
 2842  President of the Senate, and the Speaker of the House of
 2843  Representatives which describes in detail the progress of the
 2844  pilot program. The report must include, at a minimum, the number
 2845  of businesses receiving assistance, the number of full-time
 2846  equivalent jobs created as a result of the assistance, if any,
 2847  the amount of wages paid to employees in the newly created jobs,
 2848  and the locations and types of economic activity undertaken by
 2849  the businesses.
 2850         (9) Jobs Florida the Office may adopt rules under ss.
 2851  120.536(1) and 120.54 to administer this section.
 2852         Section 26. The Division of Statutory Revision is requested
 2853  to rename part VII of chapter 288, Florida Statutes, consisting
 2854  of ss. 288.901-288.9415, Florida Statutes, as “Jobs Florida
 2855  Partnership, Inc.
 2856         Section 27. Section 288.901, Florida Statutes, is amended
 2857  to read:
 2858         (Substantial rewording of section. See
 2859         s. 288.901, F.S., for present text.)
 2860         288.901 Jobs Florida Partnership, Inc.—
 2861         (1)CREATION.—
 2862         (a) There is created a nonprofit corporation, to be known
 2863  as “Jobs Florida Partnership, Inc.,” which shall be registered,
 2864  incorporated, organized, and operated in compliance with chapter
 2865  617, and which is not a unit or entity of state government.
 2866         (b) However, the Legislature determines it is in the best
 2867  interest of the state and reflects the state’s public policy
 2868  that Jobs Florida Partnership, Inc., operate in the most open
 2869  and accessible manner consistent with its public purposes. To
 2870  this end, the Legislature specifically declares that Jobs
 2871  Florida Partnership, Inc., and its divisions, boards and
 2872  advisory councils, or similar entities created or managed by the
 2873  Jobs Florida Partnership, Inc., are subject to the provisions of
 2874  chapter 119, relating to public records and those provisions of
 2875  chapter 286 relating to public meetings and records.
 2876         (c) Additionally, the Legislature determines that it is in
 2877  the public interest for the members of the Jobs Florida
 2878  Partnership, Inc., board of directors to be subject to the
 2879  requirements of ss. 112.3135, 112.3143, and 112.313, excluding
 2880  s. 112.313(2), notwithstanding the fact that the board members
 2881  are not public officers or employees. For purposes of those
 2882  sections, the board members shall be considered to be public
 2883  officers or employees. The exemption set forth in s. 212.313(12)
 2884  for advisory boards applies to the members of the Jobs Florida
 2885  Partnership, Inc., board of directors. Further, each member of
 2886  the board of directors who is not otherwise required to file
 2887  financial disclosures pursuant to s. 8, Art. II of the State
 2888  Constitution or s. 112.3144, shall file disclosure of financial
 2889  interests pursuant to s. 112.3145.
 2890         (2) PURPOSES.—Jobs Florida Partnership, Inc., hereafter
 2891  referred to as the partnership in this part, will act as an
 2892  economic-development organization for the state, utilizing
 2893  private-sector and public-sector expertise in collaboration with
 2894  Jobs Florida to:
 2895         (a) Increase private investment in Florida;
 2896         (b) Advance international and domestic trade opportunities;
 2897         (c) Market the state both as a pro-business location for
 2898  new investment and as an unparalleled tourist destination;
 2899         (d) Revitalize Florida’s space and aerospace industries,
 2900  and promote emerging complementary industries;
 2901         (e) Promote opportunities for minority-owned businesses;
 2902  and
 2903         (f) Assist and market professional and amateur sport teams
 2904  and sporting events in Florida.
 2905         (3) PERFORMANCE.—The partnership shall enter into a
 2906  performance-based agreement with Jobs Florida, pursuant to s.
 2907  20.60, which includes annual measurements of the partnership’s
 2908  performance.
 2909         (4) GOVERNANCE.—The partnership shall be governed by an 11
 2910  member board of directors. The Governor shall serve on the board
 2911  as the chair, and shall appoint four other members. Three
 2912  members shall be appointed by the President of the Senate, and
 2913  three shall be appointed by the Speaker of the House of
 2914  Representatives. All appointees are subject to Senate
 2915  confirmation.
 2916         (a) In making their appointments, the Governor, the
 2917  President of the Senate, and the Speaker of the House of
 2918  Representatives shall ensure that the composition of the board
 2919  of directors reflects the diversity of Florida’s business
 2920  community and is representative of the economic development
 2921  goals in subsection (2). The board must include at least one
 2922  director for each of the following areas of expertise:
 2923  international business, tourism marketing, the space or
 2924  aerospace industry, managing or financing a minority-owned
 2925  business, manufacturing, finance and accounting, and sports
 2926  marketing.
 2927         (b) The Governor, the President of the Senate, and the
 2928  Speaker of the House of Representatives also shall consider
 2929  appointees who reflect Florida’s racial, ethnic, and gender
 2930  diversity, as well as the geographic distribution, of the
 2931  population of the state.
 2932         (c) Appointed members shall be appointed to 4-year terms,
 2933  except that initially, to provide for staggered terms, the
 2934  Governor, the President of the Senate, and the Speaker of the
 2935  House of Representatives shall each appoint one member to serve
 2936  a 2-year term and one member to serve a 3-year term, with the
 2937  remaining initial appointees serving 4-year terms. All
 2938  subsequent appointments shall be for 4-year terms.
 2939         (d) Initial appointments must be made by October 1, 2011,
 2940  and be eligible for confirmation at the earliest available
 2941  Senate session. Terms end on a September 30.
 2942         (e) Any member is eligible for reappointment, except that a
 2943  member may not serve more than two terms.
 2944         (f)A vacancy on the board of directors shall be filled for
 2945  the remainder of the unexpired term. Vacancies on the board
 2946  shall be filled by appointment by the Governor, the President of
 2947  the Senate, or the Speaker of the House of Representatives,
 2948  respectively, depending on who appointed the member whose
 2949  vacancy is to be filled or whose term has expired.
 2950         (g) Appointed members may be removed by the Governor, the
 2951  President of the Senate, or the Speaker of the House of
 2952  Representatives, respectively, for cause. Absence from three
 2953  consecutive meetings results in automatic removal.
 2954         (5) AT-LARGE BOARD MEMBERS.—Notwithstanding the provisions
 2955  of subsection (4), the board of directors may by resolution
 2956  appoint up to 10 at-large members to the board from the private
 2957  sector, each of whom may serve a term of up to 3 years. At-large
 2958  members shall have the powers and duties of other members of the
 2959  board. An at-large member is eligible for reappointment but may
 2960  not vote on his or her own reappointment. An at-large member
 2961  shall be eligible to fill vacancies occurring among private
 2962  sector appointees under subsection (4). At-large members may
 2963  annually provide contributions to the partnership, in an amount
 2964  determined by the 11-member board established in subsection (4).
 2965  The contributions must be used to defray the partnership’s
 2966  operating expenses and help meet the required private match to
 2967  the state’s annual appropriation.
 2968         (6)EX OFFICIO BOARD MEMBERS.—
 2969         (a) The commissioner of the Department of Jobs Florida
 2970  shall be an ex officio, nonvoting member of the board of
 2971  directors.
 2972         (b) The chair of each advisory council for a division shall
 2973  be an ex officio, nonvoting member of the board of directors.
 2974         (c) The chair of the advisory council for Space Florida
 2975  shall be an ex officio, nonvoting member of the board of
 2976  directors.
 2977         (7)MEETING.—The board of directors shall biennially elect
 2978  one of its members as vice chairperson. The board of directors
 2979  shall meet at least four times each year, upon the call of the
 2980  chairperson, at the request of the vice chairperson, or at the
 2981  request of a majority of the membership. A majority of the total
 2982  number of current voting directors shall constitute a quorum.
 2983  The board of directors may take official action by a majority
 2984  vote of the members present at any meeting at which a quorum is
 2985  present.
 2986         (8) SERVICE.—Members of the board of directors shall serve
 2987  without compensation, but members of Jobs Florida Partnership,
 2988  Inc., and the advisory councils created in s. 288.92, but are
 2989  entitled to reimbursement for all reasonable, necessary, and
 2990  actual expenses, as determined by the board of directors.
 2991         (9) PROHIBITION.—The partnership may not endorse any
 2992  candidate for any elected public office or contribute moneys to
 2993  the campaign of any such candidate.
 2994         Section 28. Section 288.9015, Florida Statutes, is amended
 2995  to read:
 2996         (Substantial rewording of section. See
 2997         s. 288.9015, F.S., for present text.)
 2998         288.9015Powers of the Jobs Florida Partnership, Inc.;
 2999  board of directors.—
 3000         (1) The partnership shall integrate its efforts in business
 3001  recruitment and expansion, job creation, marketing the state for
 3002  tourism and sports, and promoting economic opportunities for
 3003  minority-owned businesses and promoting economic opportunities
 3004  for rural and distressed urban communities with those of the
 3005  commissioner of the Department of Jobs Florida, to create an
 3006  aggressive, agile, and collaborative effort to reinvigorate the
 3007  state’s economy.
 3008         (2) The partnership’s board of directors may:
 3009         (a) Secure funding for its programs and activities, and for
 3010  its boards from federal, state, local, and private sources and
 3011  from fees charged for services and published materials.
 3012         (b) Solicit, receive, hold, invest, and administer any
 3013  grant, payment, or gift of funds or property and make
 3014  expenditures consistent with the powers granted to it.
 3015         (c) Make and enter into contracts and other instruments
 3016  necessary or convenient for the exercise of its powers and
 3017  functions. A contract executed by the partnership with a person
 3018  or organization under which such person or organization agrees
 3019  to perform economic development services or similar business-
 3020  assistance services on behalf of the partnership or the state
 3021  must include provisions requiring a performance report on the
 3022  contracted activities and must account for the proper use of
 3023  funds provided under the contract, coordinate with other
 3024  components of state and local economic development systems, and
 3025  avoid duplication of existing state and local services and
 3026  activities.
 3027         (d) Elect or appoint such officers, employees, and agents
 3028  as required for its activities and for its divisions and pay
 3029  such persons reasonable compensation.
 3030         (e) Carry forward any unexpended state appropriations into
 3031  succeeding fiscal years.
 3032         (f) Except for the divisions and advisory councils created
 3033  in s. 288.92, create and dissolve advisory divisions, working
 3034  groups, task forces, or similar organizations, as necessary to
 3035  carry out its mission. Members of advisory divisions, working
 3036  groups, task forces, or similar organizations created by the
 3037  partnership shall serve without compensation, but may be
 3038  reimbursed for reasonable, necessary, and actual expenses, as
 3039  determined by the partnership’s board of directors.
 3040         (g) Sue and be sued, and appear and defend in all actions
 3041  and proceedings, in its corporate name to the same extent as a
 3042  natural person.
 3043         (h) Adopt, use, and alter a common corporate seal for the
 3044  partnership and its divisions. Notwithstanding any provision of
 3045  chapter 617 to the contrary, this seal is not required to
 3046  contain the words “corporation not for profit.”
 3047         (i) Adopt, amend, and repeal bylaws, not inconsistent with
 3048  the powers granted to it or the articles of incorporation, for
 3049  the administration of the partnership’s activities and the
 3050  exercise of its corporate powers.
 3051         (j) Acquire, enjoy, use, and dispose of patents,
 3052  copyrights, and trademarks and any licenses, royalties, and
 3053  other rights or interests thereunder or therein.
 3054         (k) Use the state seal, notwithstanding the provisions of
 3055  s. 15.03, when appropriate, for standard corporate identity
 3056  applications. Use of the state seal is not intended to replace
 3057  use of a corporate seal as provided in this section.
 3058         (l) Procure insurance or require bond against any loss in
 3059  connection with the property of the partnership and its
 3060  divisions, in such amounts and from such insurers as is
 3061  necessary or desirable.
 3062         (3) The powers granted to the partnership shall be
 3063  liberally construed in order that the partnership may pursue and
 3064  succeed in its responsibilities under this part.
 3065         (4) Under no circumstances may the credit of the State of
 3066  Florida be pledged on behalf of the partnership.
 3067         (5) In addition to any indemnification available under
 3068  chapter 617, the partnership may indemnify, and purchase and
 3069  maintain insurance on behalf of, it directors, officers, and
 3070  employees of the partnership and its divisions against any
 3071  personal liability or accountability by reason of actions taken
 3072  while acting within the scope of their authority.
 3073         Section 29. Section 288.903, Florida Statutes, is amended
 3074  to read:
 3075         (Substantial rewording of section. See
 3076         s. 288.903, F.S., for present text.)
 3077         288.903 Duties of the Jobs Florida Partnership, Inc.—The
 3078  partnership shall have the following duties:
 3079         (1) Responsibly and prudently manage all public and private
 3080  funds received, and ensure that the use of such funds is in
 3081  accordance with all applicable laws, bylaws, or contractual
 3082  requirements.
 3083         (2) Administer the entities or programs created pursuant to
 3084  part IX of this chapter; ss. 288.9622-288.9624; ss. 288.95155
 3085  and 288.9519; and chapter 95-429, Laws of Florida, line 1680Y.
 3086         (3) Prepare an annual report pursuant to s. 288.906 and an
 3087  annual incentives report pursuant to s. 288.907.
 3088         (4) Assist Jobs Florida with the development of an annual
 3089  and a long-range strategic business blueprint for economic
 3090  development.
 3091         (5) In coordination with Workforce Florida, Inc., identify
 3092  education and training programs that will ensure Florida
 3093  businesses have access to a skilled and competent workforce
 3094  necessary to compete successfully in the domestic and global
 3095  marketplace.
 3096         (6) Assist the Office of Property Management within the
 3097  Division of Strategic Business Development of Jobs Florida in
 3098  managing any state-owned property or assets that are essential
 3099  to the activities of its various boards.
 3100         Section 30. Section 288.904, Florida Statutes, is amended
 3101  to read:
 3102         (Substantial rewording of section. See
 3103         s. 288.904, F.S., for present text.)
 3104         288.904 Funding for the Jobs Florida Partnership, Inc.;
 3105  return on the public’s investment.—
 3106         (1)(a) The Legislature may annually appropriate to the
 3107  partnership a sum of money for its operations, and separate
 3108  line-item appropriations for each of the divisions listed in s.
 3109  288.92.
 3110         (b) The Legislature finds that it is a priority to maximize
 3111  private-sector support in operating the partnership and its
 3112  divisions, as an endorsement of their value and as an
 3113  enhancement of their efforts. Thus, the state appropriations
 3114  must be matched with private-sector support equal to at least 35
 3115  percent of the state funding.
 3116         (c) Private-sector support in operating the partnership and
 3117  its divisions includes:
 3118         1. Cash given directly to the partnership for its
 3119  operations, including contributions from at-large members of the
 3120  board of directors;
 3121         2. Cash donations from the divisions’ advisory councils or
 3122  from organizations assisted by the divisions;
 3123         3. Cash jointly raised by the partnership and a private
 3124  local economic development organization, a group of such
 3125  organizations, or a statewide private business organization that
 3126  supports collaborative projects;
 3127         4. Cash generated by fees charged for products or services
 3128  of the partnership and its divisions by sponsorship of events,
 3129  missions, programs, and publications; and
 3130         5. Copayments, stock, warrants, royalties, or other private
 3131  resources dedicated to the partnership or its divisions.
 3132         (2)(a) The state’s operating investment in the partnership
 3133  and its divisions is the budget contracted by Jobs Florida to
 3134  the partnership, less any funding that is directed by the
 3135  Legislature to be subcontracted to a specific recipient entity.
 3136         (b) The partnership’s board of directors shall adopt for
 3137  each upcoming fiscal year an operating budget for the
 3138  organization, including its divisions, which specifies the
 3139  intended uses of the state’s operating investment and a plan for
 3140  securing private-sector support.
 3141         (3) The partnership shall fully comply with the performance
 3142  measures, standards, and sanctions in its contract with Jobs
 3143  Florida, under s. 20.60. Jobs Florida shall ensure, to the
 3144  maximum extent possible, that the contract performance measures
 3145  are consistent with performance measures that it is required to
 3146  develop and track under performance-based program budgeting. The
 3147  contract shall also include performance measures for the
 3148  divisions.
 3149         (4) The Legislature intends to review the partnership’s
 3150  performance in achieving the performance goals stated in its
 3151  annual agreement with Jobs Florida to determine whether the
 3152  public is receiving a positive return on its investment in the
 3153  partnership and its divisions. It also is the intent of the
 3154  Legislature that the partnership coordinate its operations with
 3155  local economic development organizations to maximize the state
 3156  and local return on investment to create jobs for Floridians.
 3157         (5) As part of the annual report required under s. 288.906,
 3158  the partnership shall provide the Legislature with information
 3159  quantifying the return on the public’s investment as described
 3160  in this section each fiscal year.
 3161         (6) The partnership, in consultation with the Office of
 3162  Economic and Demographic Research, shall hire an economic
 3163  analysis firm to develop the methodology for establishing and
 3164  reporting the return on the public’s investment and in-kind
 3165  contributions as described in this section and shall hire a firm
 3166  experienced in survey research to develop, analyze, and report
 3167  on the results of the customer-satisfaction survey conducted
 3168  pursuant to s. 288.906. The Office of Economic and Demographic
 3169  Research shall review and offer feedback on the methodology
 3170  before it is implemented.
 3171         Section 31. Section 288.905, Florida Statutes, is amended
 3172  to read:
 3173         (Substantial rewording of section. See
 3174         s. 288.905, F.S., for present text.)
 3175         288.905President and employees of the Jobs Florida
 3176  Partnership, Inc.—
 3177         (1) The partnership’s board of directors shall appoint a
 3178  president, who shall serve at the pleasure of the Governor. The
 3179  board of directors shall establish and adjust the president’s
 3180  compensation. The president shall also be known as the “commerce
 3181  secretary.”
 3182         (2)The president is the chief administrative and
 3183  operational officer of the board of directors and of the
 3184  partnership, and shall direct and supervise the administrative
 3185  affairs of the board of directors and any divisions, councils,
 3186  or boards. The board of directors may delegate to the president
 3187  those powers and responsibilities it deems appropriate,
 3188  including hiring and management of all staff, except for the
 3189  appointment of a president.
 3190         (3) No employee of the partnership may receive compensation
 3191  for employment that exceeds the salary paid to the Governor,
 3192  unless the board of directors and the employee have executed a
 3193  contract that prescribes specific, measurable performance
 3194  outcomes for the employee, the satisfaction of which provides
 3195  the basis for the award of incentive payments that increase the
 3196  employee’s total compensation to a level above the salary paid
 3197  to the Governor.
 3198         Section 32. Section 288.906, Florida Statutes, is amended
 3199  to read:
 3200         (Substantial rewording of section. See
 3201         s. 288.904, F.S., for present text.)
 3202         288.906 Annual report of the partnership and its divisions;
 3203  audits.—
 3204         (1) Before December 1 of each year, the partnership shall
 3205  submit to the Governor, the President of the Senate, the Speaker
 3206  of the House of Representatives, the Senate Minority Leader, and
 3207  the House Minority Leader a complete and detailed report
 3208  including, but not limited to:
 3209         (a) A description of the operations and accomplishments of
 3210  the partnership and its divisions, boards, and advisory councils
 3211  or similar entities created by the partnership, and an
 3212  identification of any major trends, initiatives, or developments
 3213  affecting the performance of any program or activity. The
 3214  individual annual reports prepared by each division shall be
 3215  included as addenda.
 3216         (b) An evaluation of progress toward achieving
 3217  organizational goals and specific performance outcomes, both
 3218  short-term and long-term, established pursuant this part or
 3219  under the agreement with Jobs Florida.
 3220         (c) Methods for implementing and funding the operations of
 3221  the partnership and its divisions, including the private-sector
 3222  support required under s. 288.904.
 3223         (d) A description of the operations and accomplishments of
 3224  the partnership and its divisions with respect to aggressively
 3225  marketing Florida’s rural communities and distressed urban
 3226  communities as locations for potential new investment and job
 3227  creation, aggressively assisting in the creation, retention, and
 3228  expansion of existing businesses and job growth in these
 3229  communities, and aggressively assisting these communities in the
 3230  identification and development of new economic development
 3231  opportunities.
 3232         (e) A description and evaluation of the operations and
 3233  accomplishments of the partnership and its divisions with
 3234  respect to interaction with local and private economic
 3235  development organizations, including the identification of each
 3236  organization that is a primary partner and any specific programs
 3237  or activities that promoted the activities of such organizations
 3238  and an identification of any specific programs or activities
 3239  that promoted a comprehensive and coordinated approach to
 3240  economic development in this state.
 3241         (f) An assessment of job creation that directly benefits
 3242  participants in the welfare transition program or other programs
 3243  designed to put long-term unemployed back to work.
 3244         (g) The results of a customer-satisfaction survey of
 3245  businesses served. The Partnership shall hire a firm experienced
 3246  in survey research to develop, analyze, and report on the
 3247  results of the customer-satisfaction survey.
 3248         (h) An annual compliance and financial audit of accounts
 3249  and records by an independent certified public accountant at the
 3250  end of its most recent fiscal year performed in accordance with
 3251  rules adopted by the Auditor General.
 3252         (2) The detailed report required by this section shall also
 3253  include the information identified in subsection (1), if
 3254  applicable, for each division established within the
 3255  partnership.
 3256         Section 33. Section 288.907, Florida Statutes, is created
 3257  to read:
 3258         288.907Annual incentives report.—
 3259         (1) In addition to the annual report required under s.
 3260  288.906, the partnership, by December 30 of each year, shall
 3261  provide the Governor, the President of the Senate, and the
 3262  Speaker of the House of Representatives a detailed incentives
 3263  report quantifying the economic benefits for each of the
 3264  following economic development incentive programs marketed by
 3265  the partnership in its recruitment efforts: the Qualified Target
 3266  Industry Tax Refund Program, the Quick Action Closing Fund, the
 3267  Qualified Defense Contractor and Space Flight Business Tax
 3268  Refund Program, the High-Impact Business Performance Grant, the
 3269  Capital Investment Tax Credit Program, the Brownfield
 3270  Redevelopment Bonus Refunds incentive, and the Economic
 3271  Development Transportation grant program.
 3272         (a) The annual incentives report must include for each
 3273  incentive program:
 3274         1.A brief description of the incentive program.
 3275         2. The amount of awards granted, by year, since inception.
 3276         3. Beginning in 2015, the economic benefits, as defined in
 3277  s. 288.005, based on the actual amount of private capital
 3278  invested, actual number of jobs created, and actual wages paid
 3279  for incentive agreements completed during the previous 3 years.
 3280         4. Beginning in 2015, the report shall also include the
 3281  actual amount of private capital invested, actual number of jobs
 3282  created, and actual wages paid for incentive agreements
 3283  completed during the previous 3 years for each target industry
 3284  sector.
 3285         (b) For projects completed during the previous state fiscal
 3286  year, the report must include:
 3287         1. The number of economic development incentive
 3288  applications received.
 3289         2. The number of recommendations made to Jobs Florida by
 3290  the partnership, including the number recommended for approval
 3291  and the number recommended for denial.
 3292         3. The number of final decisions issued by Jobs Florida for
 3293  approval and for denial.
 3294         4. The projects for which a tax refund, tax credit, or cash
 3295  grant agreement was executed, identifying:
 3296         a. The number of jobs committed to be created.
 3297         b. The amount of capital investments committed to be made.
 3298         c. The annual average wage committed to be paid.
 3299         d. The amount of state economic development incentives
 3300  committed to the project from each incentive program under the
 3301  project’s terms of agreement with Jobs Florida.
 3302         (c) For economic development projects that received tax
 3303  refunds, tax credits, or cash grants under the terms of an
 3304  agreement for incentives, the report must identify:
 3305         1. The number of jobs actually created.
 3306         2. The amount of capital investments actually made.
 3307         3. The annual average wage paid.
 3308         (d) For a project receiving economic development incentives
 3309  approved by Jobs Florida and receiving federal or local
 3310  incentives, the report must include a description of the federal
 3311  or local incentives, if available.
 3312         (e) The report must state the number of withdrawn or
 3313  terminated projects that did not fulfill the terms of their
 3314  agreements with Jobs Florida and consequently are not receiving
 3315  incentives.
 3316         (f) The report must include an analysis of the economic
 3317  benefits, as defined in s. 288.005, of tax refunds, tax credits,
 3318  or other payments made to projects locating or expanding in
 3319  state enterprise zones, rural communities, brownfield areas, or
 3320  distressed urban communities.
 3321         (g) The report must identify the target industry businesses
 3322  and high-impact businesses.
 3323         (h) The report must describe the trends relating to
 3324  business interest in, and usage of, the various incentives, and
 3325  the number of minority-owned or woman-owned businesses receiving
 3326  incentives.
 3327         (2) The Division of Strategic Business Development within
 3328  Jobs Florida shall assist the partnership in the preparation of
 3329  the annual incentives report.
 3330         Section 34. Section 288.911, Florida Statutes, is amended
 3331  to read:
 3332         (Substantial rewording of section. See
 3333         s. 288.911, F.S., for present text.)
 3334         288.911 Creation and implementation of a marketing and
 3335  image campaign.—
 3336         (1) The Partnership, with the assistance of its Division of
 3337  Tourism Marketing and the private sector, shall create a
 3338  marketing campaign to help attract, develop, and retain target
 3339  industry businesses and high-impact businesses to this state.
 3340  The campaign must be coordinated with any existing economic
 3341  development promotion efforts in this state, and shall be
 3342  jointly funded from private and public resources.
 3343         (2) The message of the campaign shall be to increase
 3344  national and international awareness of this state as a state
 3345  ideally suited for the successful advancement of businesses
 3346  within the state’s target industries and high-impact industries.
 3347  Marketing strategies shall include development of promotional
 3348  materials, Internet and print advertising, public relations and
 3349  media placement, trade show attendance at information technology
 3350  events, and appropriate follow-up activities. Efforts to promote
 3351  this state must include the identification and coordination of
 3352  existing clusters of target industry businesses and high-impact
 3353  businesses and partnerships with economic development
 3354  organizations and private-sector businesses.
 3355         Section 35. Section 288.912, Florida Statutes, is created
 3356  to read:
 3357         288.912Inventory of communities seeking to recruit
 3358  businesses.—By September 30 of each year, a county or
 3359  municipality that has a population of at least 25,000 or its
 3360  local economic development organization must submit to the Jobs
 3361  Florida Partnership, Inc., a brief overview of the strengths,
 3362  services, and economic development incentives that its community
 3363  offers. The local government or its local economic development
 3364  organization also must identify any industries that it is
 3365  encouraging to locate or relocate to its area.
 3366         Section 36. Section 288.92, Florida Statutes, is created to
 3367  read:
 3368         288.92Divisions and advisory councils of Jobs Florida
 3369  Partnership, Inc.—
 3370         (1)The partnership shall have the following divisions,
 3371  which have distinct responsibilities and complementary missions:
 3372         (a) The Division of International Trade and Business
 3373  Development;
 3374         (b) The Division of Business Retention and Recruitment;
 3375         (c) The Division of Tourism Marketing;
 3376         (d) The Division of Minority Business Development; and
 3377         (e) The Division of Sports Industry Development.
 3378         (2)(a) The officers and agents of the divisions shall be
 3379  hired and their annual compensation established by the president
 3380  of the partnership, as deemed appropriate by the board of
 3381  directors, and may be eligible for performance bonuses pursuant
 3382  to s. 288.905(3).
 3383         (b) The Partnership board of directors may organize the
 3384  divisions so that administrative staff and costs are shared and
 3385  thus minimized to the greatest extent possible.
 3386         (3) Space Florida shall be administratively housed within
 3387  the partnership and shall have the authority, powers, and duties
 3388  set forth in part II of chapter 331.
 3389         (4) Each division shall have an advisory council, comprised
 3390  of Florida residents with expertise in each division’s
 3391  particular responsibilities. The partnership may submit
 3392  nominations of persons to serve on each advisory council to the
 3393  Governor, who will select the members of each advisory council
 3394  from the lists submitted. Each advisory council shall elect a
 3395  member to serve as the chair of the council.
 3396         (5) The term for an advisory council member is 4 years. A
 3397  member may not serve more than two consecutive terms. The
 3398  Governor may remove any member for cause and shall fill all
 3399  vacancies that occur.
 3400         (6) Advisory council members shall serve without
 3401  compensation, but may be reimbursed for all reasonable,
 3402  necessary, and actual expenses, as determined by the
 3403  partnership’s board of directors.
 3404         Section 37. Section 288.921, Florida Statutes, is created
 3405  to read:
 3406         288.921Division of International Trade and Business
 3407  Development; responsibilities; advisory council.—
 3408         (1) There is created within the partnership the Division of
 3409  International Trade and Business Development.
 3410         (2) The division shall be responsible for:
 3411         (a) Developing business leads that generate increased
 3412  foreign investment in Florida;
 3413         (b) Developing programs, such as international trade shows,
 3414  that establish viable overseas markets for Florida products and
 3415  services;
 3416         (c) Facilitating the development and implementation of
 3417  strategies to secure financing for exporting Florida products
 3418  and services;
 3419         (d) Promoting opportunities for international joint-venture
 3420  relationships, using the resources of academic, business, and
 3421  other institutions;
 3422         (e) Coordinating and facilitating trade assistance for
 3423  Florida businesses;
 3424         (f) Participating in discussions and planning exercises
 3425  with the Florida Seaport Advisory Council, the state Department
 3426  of Transportation, and statewide transportation logistics and
 3427  intermodal mobility organizations regarding proposed
 3428  improvements to Florida’s infrastructure to attract and manage
 3429  international cargo and commerce.
 3430         (3) The division also shall assist the commissioner of Jobs
 3431  Florida with administering a grant program for promotion of
 3432  international trade.
 3433         (a) A county, municipality, economic development council,
 3434  or a nonprofit association of businesses organized to assist in
 3435  the promotion of international trade may apply for a grant of
 3436  state funds for the promotion of international trade.
 3437         (b) The division shall review each application for a grant
 3438  to promote international trade and annually submit to the
 3439  commissioner of Jobs Florida for approval a list of all
 3440  recommended applications for the award of grants, arranged in
 3441  order of priority.
 3442         1. The commissioner of Jobs Florida may allocate grants
 3443  only for projects that are approved or for which funds are
 3444  appropriated by the Legislature.
 3445         2. Projects approved and recommended by the division, which
 3446  are not funded by the Legislature, shall be retained on the
 3447  project list for the following grant cycle only.
 3448         3. All projects that are retained shall be required to
 3449  submit such information as may be required by the Department of
 3450  Jobs Florida as of the established deadline date of the latest
 3451  grant cycle in order to adequately reflect the most current
 3452  status of the project.
 3453         (4) The division shall draft and submit an annual report by
 3454  October 15 of each year which details the division’s activities
 3455  during the prior fiscal year and includes any recommendations
 3456  for improving current statutes related to international trade
 3457  and business development.
 3458         (5) A 15-member advisory council shall be appointed,
 3459  pursuant to s. 288.92, to make recommendations to the
 3460  partnership’s board of directors on matters pertaining to
 3461  international trade and business development projects for the
 3462  division to undertake and staffing of the division.
 3463         Section 38. Section 288.922, Florida Statutes, is created
 3464  to read:
 3465         288.922Division of Business Retention and Recruitment;
 3466  responsibilities; advisory council.—
 3467         (1) There is created within the partnership the Division
 3468  for Business Retention and Recruitment.
 3469         (2) The division shall coordinate with the commissioner of
 3470  Jobs Florida and the partnership to generate business leads on
 3471  companies interested in relocating to Florida, and on Florida
 3472  based companies interested in expanding or diversifying their
 3473  operations within the state.
 3474         (3) The division shall draft and submit an annual report by
 3475  October 15 that details the division’s activities during the
 3476  prior fiscal year and includes any recommendations for improving
 3477  current statutes related to business retention and recruitment.
 3478         (4) A 15-member advisory council shall be appointed,
 3479  pursuant to s. 288.92, to make recommendations to the
 3480  partnership board of directors on matters pertaining to
 3481  innovative methods of business development and recruitment
 3482  efforts, changes to existing economic development incentives or
 3483  implementation of new types of incentives, targeted industries
 3484  for recruitment or retention, and staffing of the division.
 3485         Section 39. Section 288.923, Florida Statutes, is created
 3486  to read:
 3487         288.923Division of Tourism Marketing; definitions;
 3488  responsibilities; advisory council.—
 3489         (1) There is created within the partnership the Division of
 3490  Tourism Marketing.
 3491         (2) As used in this section, the term:
 3492         (a) “Tourism marketing” means any effort exercised to
 3493  attract domestic and international visitors from outside the
 3494  state to destinations in this state and to stimulate Florida
 3495  resident tourism to areas within the state.
 3496         (b) “Tourist” means any person who participates in trade or
 3497  recreation activities outside the county of his or her permanent
 3498  residence or who rents or leases transient living quarters or
 3499  accommodations as described in s. 125.0104(3)(a).
 3500         (c) “County destination marketing organization” means a
 3501  public or private agency that is funded by local option tourist
 3502  development tax revenues under s. 125.0104, or local option
 3503  convention development tax revenues under s. 212.0305, and is
 3504  officially designated by a county commission to market and
 3505  promote the area for tourism or convention business or, in any
 3506  county that has not levied such taxes, a public or private
 3507  agency that is officially designated by the county commission to
 3508  market and promote the area for tourism or convention business.
 3509         (3)The division’s responsibilities and duties include, but
 3510  are not limited to:
 3511         (a) Advising the commissioner of Jobs Florida and the
 3512  partnership on development of domestic and international tourism
 3513  marketing campaigns featuring Florida;
 3514         (b) Developing and implementing, in conjunction with its
 3515  private partners, an annual tourism marketing campaign that
 3516  targets each region of the state, each season of the year, and
 3517  traditional as well as new tourist populations; and
 3518         (c) Developing a 4-year marketing plan explicitly
 3519  explaining how the division intends to:
 3520         1. Sustain overall tourism growth in this state;
 3521         2. Expand to new or under-represented tourist markets;
 3522         3. Solidify traditional and loyal tourist markets;
 3523         4. Coordinate efforts with county destination marketing
 3524  organizations, other local government marketing groups,
 3525  privately owned attractions and destinations, and other private
 3526  sector partners to create a seamless, four-season advertising
 3527  campaign for the state and its regions;
 3528         5. Develop innovative techniques or promotions to build
 3529  repeat visitation by targeted segments of the tourist
 3530  population;
 3531         6. Consider innovative sources of state funding for tourism
 3532  marketing; and
 3533         7. Develop and update periodically an emergency response
 3534  component to address natural and man-made disasters from a
 3535  marketing standpoint.
 3536  
 3537  The plan shall be annual in construction and ongoing in nature.
 3538  Any annual revisions of such a plan shall carry forward the
 3539  concepts of the remaining 3-year portion of that plan and
 3540  consider a continuum portion to preserve the 4-year time-frame
 3541  of the plan. The plan also shall include recommendations for
 3542  specific performance standards and measurable outcomes for the
 3543  division. The commissioner of Jobs Florida, in consultation with
 3544  the partnership’s board of directors, shall base the actual
 3545  performance metrics on these recommendations.
 3546         (d) Drafting and submitting an annual report by October 15
 3547  that details the division’s activities during the prior fiscal
 3548  year, and any recommendations for improving current statutes
 3549  related to tourism marketing.
 3550         (4) A 15-member advisory council shall be appointed,
 3551  pursuant to s. 288.92, to make recommendations to the
 3552  partnership’s board of directors on matters pertaining to ways
 3553  to improve or enhance the state’s tourism marketing efforts,
 3554  research on tourist populations and trends, innovative tourism
 3555  funding proposals, and staffing of the division.
 3556         Section 40. Section 288.925, Florida Statutes, is created
 3557  to read:
 3558         288.925The Division of Minority Business Investment;
 3559  responsibilities; advisory council.—
 3560         (1) There is created within the partnership the Division of
 3561  Minority Business Development.
 3562         (2) The division’s primary mission is to assist in the
 3563  development and expansion of minority business enterprises by:
 3564         (a) Administering the Black Business Loan Program in s.
 3565  288.7102 and assisting in the creation of a long-range strategic
 3566  policy for that program.
 3567         (b) Evaluating the unmet need for capital by minority
 3568  business enterprises in the state and providing a 5-year
 3569  projection of the need for capital by minority business
 3570  enterprises. The division may contract with an independent
 3571  entity to prepare the projection once every 5 years.
 3572         (c) Developing strategies to increase financial institution
 3573  investment in minority business enterprises.
 3574         (d) Advising Jobs Florida and the partnership about the
 3575  needs of minority business enterprises.
 3576         (e) Creating partnerships among federal, state, and local
 3577  governments, private enterprises, and national organizations to
 3578  aid in the development and expansion of minority business
 3579  enterprises.
 3580         (f) Acting as a clearinghouse for information by providing
 3581  a network of information resources for minority business
 3582  enterprises and facilitating the provision of technical
 3583  assistance in communities in which such services are otherwise
 3584  underserved.
 3585         (g) Aiding the development and expansion of minority
 3586  business enterprises by leveraging federal, state, local, and
 3587  private funds to be held by the partnership board of directors
 3588  for uses pursuant to this section and s. 288.7102.
 3589         (h) Marketing services to minority business enterprises,
 3590  including the Black Business Loan Program.
 3591         (i) Submitting an annual report by October 15 of each year
 3592  to the partnership’s board of directors which details the
 3593  previous fiscal year’s activities, including activities of the
 3594  black business investment corporations that make the loans to
 3595  qualified businesses, pursuant to s. 288.7102, identifiable
 3596  trends from the previous fiscal year’s loan activity, and any
 3597  recommended changes to the current program.
 3598         (3) A 15-member advisory council shall be appointed,
 3599  pursuant to s. 288.92, to make recommendations to the
 3600  partnership’s board of directors on such matters as how to
 3601  improve minority business access to capital, recommendations on
 3602  how to provide technical assistance and other business resources
 3603  to minority-owned businesses, and recommendations on the
 3604  staffing of the division. Members of the advisory council must
 3605  have experience in business, including financial services,
 3606  banking, or economic development. At least one of the appointees
 3607  must have experience in venture capitalism.
 3608         Section 41. Section 288.1229, Florida Statutes, is
 3609  transferred, renumbered as section 288.926, Florida Statutes,
 3610  and amended to read:
 3611         (Substantial rewording of section. See
 3612         s. 288.1229, F.S., for present text.)
 3613         288.926Division of Sports Industry Development;
 3614  responsibilities; duties; advisory council.—
 3615         (1) There is created within the partnership the Division of
 3616  Sports Industry Development.
 3617         (2)The division is responsible for:
 3618         (a) The promotion and development of professional and
 3619  amateur sports industries and related industries for the purpose
 3620  of improving the economic presence of these industries in this
 3621  state.
 3622         (b) The promotion of amateur athletic participation for the
 3623  citizens of this state, and the promotion of this state as a
 3624  host for national and international amateur athletic
 3625  competitions for the purpose of encouraging and increasing the
 3626  direct and ancillary economic benefits of amateur athletic
 3627  events and competitions.
 3628         (c) The retention of professional sports franchises,
 3629  including the spring training operations of Major League
 3630  Baseball.
 3631         (d) The drafting and submittal of an annual report, due
 3632  each October 15, to the partnership, which details the
 3633  division’s activities for the prior fiscal year and any
 3634  recommendations for improving current laws related to sports and
 3635  related industries.
 3636         (3) The division shall have the following duties:
 3637         (a) Developing, fostering, and coordinating services and
 3638  programs for amateur sports for all Floridians.
 3639         (b) Sponsoring amateur sports workshops, clinics,
 3640  conferences, and other similar activities.
 3641         (c) Giving recognition to outstanding developments and
 3642  achievements in, and contributions to, amateur sports.
 3643         (d) Encouraging, supporting, and assisting local
 3644  governments and communities in the development of or hosting of
 3645  local amateur athletic events and competitions.
 3646         (e) Promoting this state as a host for national and
 3647  international amateur athletic competitions.
 3648         (f) Continuing the amateur sports programs previously
 3649  conducted by the Florida Governor’s Council on Physical Fitness
 3650  and Amateur Sports created under the former s. 14.22.
 3651         (g) Encouraging and continuing the use of volunteers in its
 3652  amateur sports programs to the maximum extent possible.
 3653         (h) Developing, fostering, and coordinating services and
 3654  programs designed to encourage the participation of Florida’s
 3655  youth in Olympic sports activities and competitions.
 3656         (i) Fostering and coordinating services and programs
 3657  designed to contribute to the physical fitness of the citizens
 3658  of this state.
 3659         (j) Developing a statewide program of amateur athletic
 3660  competition to be known as the “Sunshine State Games.” The
 3661  Sunshine State Games shall be patterned after the Summer
 3662  Olympics with variations as necessitated by availability of
 3663  facilities, equipment, and expertise. The games shall be
 3664  designed to encourage the participation of athletes representing
 3665  a broad range of age groups, skill levels, and Florida
 3666  communities. Participants shall be residents of this state.
 3667  Regional competitions shall be held throughout the state, and
 3668  the top qualifiers in each sport shall proceed to the final
 3669  competitions to be held at a site in the state with the
 3670  necessary facilities and equipment for conducting the
 3671  competitions.
 3672         (4) The Executive Office of the Governor is authorized to
 3673  permit the use of property, facilities, and personnel services
 3674  of or at any State University System facility or institution by
 3675  the division for operating the Sunshine State Games. For the
 3676  purposes of this paragraph, personnel services includes full
 3677  time or part-time personnel as well as payroll processing. Any
 3678  funds or property held in trust by the Sunshine State Games
 3679  Foundation, Inc., and the Florida Governor’s Council on Physical
 3680  Fitness and Amateur Sports shall revert to the division upon
 3681  expiration or cancellation of the contract with the Sunshine
 3682  State Games Foundation, Inc., and the Florida Governor’s Council
 3683  on Physical Fitness and Amateur Sports, to be used for the
 3684  promotion of amateur sports in this state.
 3685         (5)(a)A 15-member advisory council shall be appointed,
 3686  pursuant to s. 288.92, to make recommendations to the
 3687  partnership board of directors on the activities and staffing of
 3688  the division.
 3689         (b) Applicants for the advisory council must have either a
 3690  background in community service in, or financial support of, the
 3691  sports industry, professional sports, or organized amateur
 3692  athletics. They also should be knowledgeable about or active in
 3693  professional or organized amateur sports. Additionally, the
 3694  advisory council’s membership must be representative of all
 3695  geographical regions of the state and reflect the state’s ethnic
 3696  and gender diversity.
 3697         Section 42. Subsection (4) of section 409.942, Florida
 3698  Statutes, is amended to read:
 3699         409.942 Electronic benefit transfer program.—
 3700         (4) Workforce Florida, Inc., through the Agency for
 3701  Workforce Innovation, shall establish an electronic benefit
 3702  transfer program for the use and management of education,
 3703  training, child care, transportation, and other program benefits
 3704  under its direction. The workforce electronic benefit transfer
 3705  program shall fulfill all federal and state requirements for
 3706  Individual Training Accounts, Retention Incentive Training
 3707  Accounts, Individual Development Accounts, and Individual
 3708  Services Accounts. The workforce electronic benefit transfer
 3709  program shall be designed to enable an individual who receives
 3710  an electronic benefit transfer card under subsection (1) to use
 3711  that card for purposes of benefits provided under the workforce
 3712  development system as well. The Department of Children and
 3713  Family Services shall assist Workforce Florida, Inc., in
 3714  developing an electronic benefit transfer program for the
 3715  workforce development system that is fully compatible with the
 3716  department’s electronic benefit transfer program. The agency
 3717  shall reimburse the department for all costs incurred in
 3718  providing such assistance and shall pay all costs for the
 3719  development of the workforce electronic benefit transfer
 3720  program.
 3721         Section 43. Section 411.0102, Florida Statutes, is amended
 3722  to read:
 3723         411.0102 Child Care Executive Partnership Act; findings and
 3724  intent; grant; limitation; rules.—
 3725         (1) This section may be cited as the “Child Care Executive
 3726  Partnership Act.”
 3727         (2)(a) The Legislature finds that when private employers
 3728  provide onsite child care or provide other child care benefits,
 3729  they benefit by improved recruitment and higher retention rates
 3730  for employees, lower absenteeism, and improved employee morale.
 3731  The Legislature also finds that there are many ways in which
 3732  private employers can provide child care assistance to
 3733  employees: information and referral, vouchering, employer
 3734  contribution to child care programs, and onsite care. Private
 3735  employers can offer child care as part of a menu of employee
 3736  benefits. The Legislature recognizes that flexible compensation
 3737  programs providing a child care option are beneficial to the
 3738  private employer through increased productivity, to the private
 3739  employee in knowing that his or her children are being cared for
 3740  in a safe and nurturing environment, and to the state in more
 3741  dollars being available for purchasing power and investment.
 3742         (b) It is the intent of the Legislature to promote
 3743  public/private partnerships to ensure that the children of the
 3744  state be provided safe and enriching child care at any time, but
 3745  especially while parents work to remain self-sufficient. It is
 3746  the intent of the Legislature that private employers be
 3747  encouraged to participate in the future of this state by
 3748  providing employee child care benefits. Further, it is the
 3749  intent of the Legislature to encourage private employers to
 3750  explore innovative ways to assist employees to obtain quality
 3751  child care.
 3752         (c) The Legislature further recognizes that many parents
 3753  need assistance in paying the full costs of quality child care.
 3754  The public and private sectors, by working in partnership, can
 3755  promote and improve access to quality child care and early
 3756  education for children of working families who need it.
 3757  Therefore, a more formal mechanism is necessary to stimulate the
 3758  establishment of public-private partnerships. It is the intent
 3759  of the Legislature to expand the availability of scholarship
 3760  options for working families by providing incentives for
 3761  employers to contribute to meeting the needs of their employees’
 3762  families through matching public dollars available for child
 3763  care.
 3764         (3) There is created a body politic and corporate known as
 3765  the Child Care Executive Partnership which shall establish and
 3766  govern the Child Care Executive Partnership Program. The purpose
 3767  of the Child Care Executive Partnership Program is to utilize
 3768  state and federal funds as incentives for matching local funds
 3769  derived from local governments, employers, charitable
 3770  foundations, and other sources so that Florida communities may
 3771  create local flexible partnerships with employers. The Child
 3772  Care Executive Partnership Program funds shall be used at the
 3773  discretion of local communities to meet the needs of working
 3774  parents. A child care purchasing pool shall be developed with
 3775  the state, federal, and local funds to provide subsidies to low
 3776  income working parents whose family income does not exceed the
 3777  allowable income for any federally subsidized child care program
 3778  with a dollar-for-dollar match from employers, local government,
 3779  and other matching contributions. The funds used from the child
 3780  care purchasing pool must be used to supplement or extend the
 3781  use of existing public or private funds.
 3782         (4) The Child Care Executive Partnership, staffed by the
 3783  Department of Education Agency for Workforce Innovation, shall
 3784  consist of a representative of the Executive Office of the
 3785  Governor and nine members of the corporate or child care
 3786  community, appointed by the Governor.
 3787         (a) Members shall serve for a period of 4 years, except
 3788  that the representative of the Executive Office of the Governor
 3789  shall serve at the pleasure of the Governor.
 3790         (b) The Child Care Executive Partnership shall be chaired
 3791  by a member chosen by a majority vote and shall meet at least
 3792  quarterly and at other times upon the call of the chair. The
 3793  Child Care Executive Partnership may use any method of
 3794  telecommunications to conduct meetings, including establishing a
 3795  quorum through telecommunications, only if the public is given
 3796  proper notice of a telecommunications meeting and reasonable
 3797  access to observe and, when appropriate, participate.
 3798         (c) Members shall serve without compensation, but may be
 3799  reimbursed for per diem and travel expenses in accordance with
 3800  s. 112.061.
 3801         (d) The Child Care Executive Partnership shall have all the
 3802  powers and authority, not explicitly prohibited by statute,
 3803  necessary to carry out and effectuate the purposes of this
 3804  section, as well as the functions, duties, and responsibilities
 3805  of the partnership, including, but not limited to, the
 3806  following:
 3807         1. Assisting in the formulation and coordination of the
 3808  state’s child care policy.
 3809         2. Adopting an official seal.
 3810         3. Soliciting, accepting, receiving, investing, and
 3811  expending funds from public or private sources.
 3812         4. Contracting with public or private entities as
 3813  necessary.
 3814         5. Approving an annual budget.
 3815         6. Carrying forward any unexpended state appropriations
 3816  into succeeding fiscal years.
 3817         7. Providing a report to the Governor, the Speaker of the
 3818  House of Representatives, and the President of the Senate, on or
 3819  before December 1 of each year.
 3820         (5)(a) The Legislature shall annually determine the amount
 3821  of state or federal low-income child care moneys which shall be
 3822  used to create Child Care Executive Partnership Program child
 3823  care purchasing pools in counties chosen by the Child Care
 3824  Executive Partnership, provided that at least two of the
 3825  counties have populations of no more than 300,000. The
 3826  Legislature shall annually review the effectiveness of the child
 3827  care purchasing pool program and reevaluate the percentage of
 3828  additional state or federal funds, if any, which that can be
 3829  used for the program’s expansion.
 3830         (b) To ensure a seamless service delivery and ease of
 3831  access for families, an early learning coalition or the
 3832  Department of Education Agency for Workforce Innovation shall
 3833  administer the child care purchasing pool funds.
 3834         (c) The Department of Education Agency for Workforce
 3835  Innovation, in conjunction with the Child Care Executive
 3836  Partnership, shall develop procedures for disbursement of funds
 3837  through the child care purchasing pools. In order to be
 3838  considered for funding, an early learning coalition or the
 3839  Department of Education Agency for Workforce Innovation must
 3840  commit to:
 3841         1. Matching the state purchasing pool funds on a dollar
 3842  for-dollar basis; and
 3843         2. Expending only those public funds that which are matched
 3844  by employers, local government, and other matching contributors
 3845  who contribute to the purchasing pool. Parents shall also pay a
 3846  fee, which may not be less than the amount identified in the
 3847  early learning coalition’s school readiness program sliding fee
 3848  scale.
 3849         (d) Each early learning coalition shall establish a
 3850  community child care task force for each child care purchasing
 3851  pool. The task force must be composed of employers, parents,
 3852  private child care providers, and one representative from the
 3853  local children’s services council, if one exists in the area of
 3854  the purchasing pool. The early learning coalition is expected to
 3855  recruit the task force members from existing child care
 3856  councils, commissions, or task forces already operating in the
 3857  area of a purchasing pool. A majority of the task force shall
 3858  consist of employers.
 3859         (e) Each participating early learning coalition board shall
 3860  develop a plan for the use of child care purchasing pool funds.
 3861  The plan must show how many children will be served by the
 3862  purchasing pool, how many will be new to receiving child care
 3863  services, and how the early learning coalition intends to
 3864  attract new employers and their employees to the program.
 3865         (6) The Department of Education Agency for Workforce
 3866  Innovation shall adopt any rules necessary for the
 3867  implementation and administration of this section.
 3868         Section 44. Section 1002.73, Florida Statutes, is amended
 3869  to read:
 3870         1002.73 Department of Education; powers and duties;
 3871  accountability requirements; operational requirements.—
 3872         (1) The department shall administer the accountability
 3873  requirements and operational requirements of the Voluntary
 3874  Prekindergarten Education Program at the state level.
 3875         (2) The department shall adopt procedures for its:
 3876         (a) Approval of prekindergarten director credentials under
 3877  ss. 1002.55 and 1002.57.
 3878         (b) Approval of emergent literacy training courses under
 3879  ss. 1002.55 and 1002.59.
 3880         (c) Administration of the statewide kindergarten screening
 3881  and calculation of kindergarten readiness rates under s.
 3882  1002.69.
 3883         (d) Approval of specialized instructional services
 3884  providers under s. 1002.66.
 3885         (e) Granting of a private prekindergarten provider’s or
 3886  public school’s request for a good cause exemption under s.
 3887  1002.69(7).
 3888         (3) The department shall adopt procedures governing the
 3889  administration of the Voluntary Prekindergarten Education
 3890  Program by the early learning coalitions and school districts
 3891  for:
 3892         (a) Enrolling children in and determining the eligibility
 3893  of children for the Voluntary Prekindergarten Education Program
 3894  under s. 1002.53.
 3895         (b) Providing parents with profiles of private
 3896  prekindergarten providers and public schools under s. 1002.53.
 3897         (c) Registering private prekindergarten providers and
 3898  public schools to deliver the program under ss. 1002.55,
 3899  1002.61, and 1002.63.
 3900         (d) Determining the eligibility of private prekindergarten
 3901  providers to deliver the program under ss. 1002.55 and 1002.61.
 3902         (e) Verifying the compliance of private prekindergarten
 3903  providers and public schools and removing providers or schools
 3904  from eligibility to deliver the program due to noncompliance or
 3905  misconduct as provided in s. 1002.67.
 3906         (f) Paying private prekindergarten providers and public
 3907  schools under s. 1002.71.
 3908         (g) Documenting and certifying student enrollment and
 3909  student attendance under s. 1002.71.
 3910         (h) Reconciling advance payments in accordance with the
 3911  uniform attendance policy under s. 1002.71.
 3912         (i) Reenrolling students dismissed by a private
 3913  prekindergarten provider or public school for noncompliance with
 3914  the provider’s or school district’s attendance policy under s.
 3915  1002.71.
 3916         (4) The department shall adopt procedures governing the
 3917  administration of the Voluntary Prekindergarten Education
 3918  Program by the early learning coalitions and school districts
 3919  for:
 3920         (a) Approving improvement plans of private prekindergarten
 3921  providers and public schools under s. 1002.67.
 3922         (b) Placing private prekindergarten providers and public
 3923  schools on probation and requiring corrective actions under s.
 3924  1002.67.
 3925         (c) Removing a private prekindergarten provider or public
 3926  school from eligibility to deliver the program due to the
 3927  provider’s or school’s remaining on probation beyond the time
 3928  permitted under s. 1002.67.
 3929         (d) Enrolling children in and determining the eligibility
 3930  of children for the Voluntary Prekindergarten Education Program
 3931  under s. 1002.66.
 3932         (e) Paying specialized instructional services providers
 3933  under s. 1002.66.
 3934         (5) The department shall also adopt procedures for the
 3935  distribution of funds to early learning coalitions under s.
 3936  1002.71.
 3937         (6)(3) Except as provided by law, the department may not
 3938  impose requirements on a private prekindergarten provider or
 3939  public school that does not deliver the Voluntary
 3940  Prekindergarten Education Program or receive state funds under
 3941  this part.
 3942         Section 45. Paragraph (i) of subsection (3) of section
 3943  11.45, Florida Statutes, is amended to read:
 3944         11.45 Definitions; duties; authorities; reports; rules.—
 3945         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
 3946  General may, pursuant to his or her own authority, or at the
 3947  direction of the Legislative Auditing Committee, conduct audits
 3948  or other engagements as determined appropriate by the Auditor
 3949  General of:
 3950         (i) The Jobs Florida Partnership Enterprise Florida, Inc.,
 3951  including any of its boards, advisory committees, or similar
 3952  groups created by the Jobs Florida Partnership Enterprise
 3953  Florida, Inc., and programs. The audit report may not reveal the
 3954  identity of any person who has anonymously made a donation to
 3955  the Jobs Florida Partnership Enterprise Florida, Inc., pursuant
 3956  to this paragraph. The identity of a donor or prospective donor
 3957  to the Jobs Florida Partnership Enterprise Florida, Inc., who
 3958  desires to remain anonymous and all information identifying such
 3959  donor or prospective donor are confidential and exempt from the
 3960  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 3961  Constitution. Such anonymity shall be maintained in the
 3962  auditor’s report.
 3963         Section 46. Paragraph (a) of subsection (2) of section
 3964  14.2015, Florida Statutes, is amended to read:
 3965         14.2015 Office of Tourism, Trade, and Economic Development;
 3966  creation; powers and duties.—
 3967         (2) The purpose of the Office of Tourism, Trade, and
 3968  Economic Development is to assist the Governor in working with
 3969  the Legislature, state agencies, business leaders, and economic
 3970  development professionals to formulate and implement coherent
 3971  and consistent policies and strategies designed to provide
 3972  economic opportunities for all Floridians. To accomplish such
 3973  purposes, the Office of Tourism, Trade, and Economic Development
 3974  shall:
 3975         (a) Contract, notwithstanding the provisions of part I of
 3976  chapter 287, with the direct-support organization created under
 3977  s. 288.926 s. 288.1229 to guide, stimulate, and promote the
 3978  sports industry in the state, to promote the participation of
 3979  Florida’s citizens in amateur athletic competition, and to
 3980  promote Florida as a host for national and international amateur
 3981  athletic competitions.
 3982         Section 47. Paragraph (b) of subsection (2) of section
 3983  14.20195, Florida Statutes, is amended to read:
 3984         14.20195 Suicide Prevention Coordinating Council; creation;
 3985  membership; duties.—There is created within the Statewide Office
 3986  for Suicide Prevention a Suicide Prevention Coordinating
 3987  Council. The council shall develop strategies for preventing
 3988  suicide.
 3989         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
 3990  shall consist of 28 voting members.
 3991         (b) The following state officials or their designees shall
 3992  serve on the coordinating council:
 3993         1. The Secretary of Elderly Affairs.
 3994         2. The State Surgeon General.
 3995         3. The Commissioner of Education.
 3996         4. The Secretary of Health Care Administration.
 3997         5. The Secretary of Juvenile Justice.
 3998         6. The Secretary of Corrections.
 3999         7. The executive director of the Department of Law
 4000  Enforcement.
 4001         8. The executive director of the Department of Veterans’
 4002  Affairs.
 4003         9. The Secretary of Children and Family Services.
 4004         10. The commissioner director of Jobs Florida the Agency
 4005  for Workforce Innovation.
 4006         Section 48. Section 15.18, Florida Statutes, is amended to
 4007  read:
 4008         15.18 International and cultural relations.—The Divisions
 4009  of Cultural Affairs, Historical Resources, and Library and
 4010  Information Services of the Department of State promote programs
 4011  having substantial cultural, artistic, and indirect economic
 4012  significance that emphasize American creativity. The Secretary
 4013  of State, as the head administrator of these divisions, shall
 4014  hereafter be known as “Florida’s Chief Cultural Officer.” As
 4015  this officer, the Secretary of State is encouraged to initiate
 4016  and develop relationships between the state and foreign cultural
 4017  officers, their representatives, and other foreign governmental
 4018  officials in order to promote Florida as the center of American
 4019  creativity. The Secretary of State shall coordinate
 4020  international activities pursuant to this section with the Jobs
 4021  Florida Partnership Enterprise Florida, Inc., and any other
 4022  organization the secretary deems appropriate. For the
 4023  accomplishment of this purpose, the Secretary of State shall
 4024  have the power and authority to:
 4025         (1) Disseminate any information pertaining to the State of
 4026  Florida which promotes the state’s cultural assets.
 4027         (2) Plan and carry out activities designed to cause
 4028  improved cultural and governmental programs and exchanges with
 4029  foreign countries.
 4030         (3) Plan and implement cultural and social activities for
 4031  visiting foreign heads of state, diplomats, dignitaries, and
 4032  exchange groups.
 4033         (4) Encourage and cooperate with other public and private
 4034  organizations or groups in their efforts to promote the cultural
 4035  advantages of Florida.
 4036         (5) Serve as the liaison with all foreign consular and
 4037  ambassadorial corps, as well as international organizations,
 4038  that are consistent with the purposes of this section.
 4039         (6) Provide, arrange, and make expenditures for the
 4040  achievement of any or all of the purposes specified in this
 4041  section.
 4042         (7) Notwithstanding the provisions of part I of chapter
 4043  287, promulgate rules for entering into contracts which are
 4044  primarily for promotional services and events, which may include
 4045  commodities involving a service. Such rules shall include the
 4046  authority to negotiate costs with the offerors of such services
 4047  and commodities who have been determined to be qualified on the
 4048  basis of technical merit, creative ability, and professional
 4049  competency. The rules shall only apply to the expenditure of
 4050  funds donated for promotional services and events. Expenditures
 4051  of appropriated funds shall be made only in accordance with part
 4052  I of chapter 287.
 4053         Section 49. Section 15.182, Florida Statutes, is amended to
 4054  read:
 4055         15.182 International travel by state-funded musical,
 4056  cultural, or artistic organizations; notification to Jobs
 4057  Florida Office of Tourism, Trade, and Economic Development.—
 4058         (1) If a musical, cultural, or artistic organization that
 4059  receives state funding is traveling internationally for a
 4060  presentation, performance, or other significant public viewing,
 4061  including an organization associated with a college or
 4062  university, such organization shall notify Jobs Florida The
 4063  Office of Tourism, Trade, and Economic Development of its
 4064  intentions to travel, together with the date, time, and location
 4065  of each appearance.
 4066         (2) Jobs Florida The Office of Tourism, Trade, and Economic
 4067  Development, in conjunction with the Jobs Florida Partnership
 4068  Enterprise Florida, Inc., shall act as an intermediary between
 4069  performing musical, cultural, and artistic organizations and
 4070  Florida businesses to encourage and coordinate joint
 4071  undertakings. Such coordination may include, but is not limited
 4072  to, encouraging business and industry to sponsor cultural
 4073  events, assistance with travel of such organizations, and
 4074  coordinating travel schedules of cultural performance groups and
 4075  international trade missions.
 4076         (3) An organization shall provide the notification to the
 4077  Department of State required by this section at least 30 days
 4078  before prior to the date the international travel is to commence
 4079  or, when an intention to travel internationally is not formed at
 4080  least 30 days in advance of the date the travel is to commence,
 4081  as soon as feasible after forming such travel intention. The
 4082  Department of State shall take an active role in informing such
 4083  groups of the responsibility to notify the department of travel
 4084  intentions.
 4085         Section 50. Paragraph (j) of subsection (1) of section
 4086  16.615, Florida Statutes, is amended to read:
 4087         16.615 Council on the Social Status of Black Men and Boys.—
 4088         (1) The Council on the Social Status of Black Men and Boys
 4089  is established within the Department of Legal Affairs and shall
 4090  consist of 19 members appointed as follows:
 4091         (j) The commissioner director of Jobs Florida the Agency
 4092  for Workforce Innovation or his or her designee.
 4093         Section 51. Paragraph (a) of subsection (8) and paragraph
 4094  (a) of subsection (9) of section 39.001, Florida Statutes, are
 4095  amended to read:
 4096         39.001 Purposes and intent; personnel standards and
 4097  screening.—
 4098         (8) PLAN FOR COMPREHENSIVE APPROACH.—
 4099         (a) The office shall develop a state plan for the promotion
 4100  of adoption, support of adoptive families, and prevention of
 4101  abuse, abandonment, and neglect of children and shall submit the
 4102  state plan to the Speaker of the House of Representatives, the
 4103  President of the Senate, and the Governor no later than December
 4104  31, 2008. The Department of Children and Family Services, the
 4105  Department of Corrections, the Department of Education, the
 4106  Department of Health, the Department of Juvenile Justice, the
 4107  Department of Law Enforcement, and the Agency for Persons with
 4108  Disabilities, and the Agency for Workforce Innovation shall
 4109  participate and fully cooperate in the development of the state
 4110  plan at both the state and local levels. Furthermore,
 4111  appropriate local agencies and organizations shall be provided
 4112  an opportunity to participate in the development of the state
 4113  plan at the local level. Appropriate local groups and
 4114  organizations shall include, but not be limited to, community
 4115  mental health centers; guardian ad litem programs for children
 4116  under the circuit court; the school boards of the local school
 4117  districts; the Florida local advocacy councils; community-based
 4118  care lead agencies; private or public organizations or programs
 4119  with recognized expertise in working with child abuse prevention
 4120  programs for children and families; private or public
 4121  organizations or programs with recognized expertise in working
 4122  with children who are sexually abused, physically abused,
 4123  emotionally abused, abandoned, or neglected and with expertise
 4124  in working with the families of such children; private or public
 4125  programs or organizations with expertise in maternal and infant
 4126  health care; multidisciplinary child protection teams; child day
 4127  care centers; law enforcement agencies; and the circuit courts,
 4128  when guardian ad litem programs are not available in the local
 4129  area. The state plan to be provided to the Legislature and the
 4130  Governor shall include, as a minimum, the information required
 4131  of the various groups in paragraph (b).
 4132         (9) FUNDING AND SUBSEQUENT PLANS.—
 4133         (a) All budget requests submitted by the office, the
 4134  department, the Department of Health, the Department of
 4135  Education, the Department of Juvenile Justice, the Department of
 4136  Corrections, the Agency for Persons with Disabilities, the
 4137  Agency for Workforce Innovation, or any other agency to the
 4138  Legislature for funding of efforts for the promotion of
 4139  adoption, support of adoptive families, and prevention of child
 4140  abuse, abandonment, and neglect shall be based on the state plan
 4141  developed pursuant to this section.
 4142         Section 52. Paragraph (a) of subsection (7) of section
 4143  45.031, Florida Statutes, is amended to read:
 4144         45.031 Judicial sales procedure.—In any sale of real or
 4145  personal property under an order or judgment, the procedures
 4146  provided in this section and ss. 45.0315-45.035 may be followed
 4147  as an alternative to any other sale procedure if so ordered by
 4148  the court.
 4149         (7) DISBURSEMENTS OF PROCEEDS.—
 4150         (a) On filing a certificate of title, the clerk shall
 4151  disburse the proceeds of the sale in accordance with the order
 4152  or final judgment and shall file a report of such disbursements
 4153  and serve a copy of it on each party, and on the Department of
 4154  Revenue if the department was named as a defendant in the action
 4155  or if Jobs Florida or the former Agency for Workforce Innovation
 4156  or the former Department of Labor and Employment Security was
 4157  named as a defendant while the Department of Revenue was
 4158  providing unemployment tax collection services under contract
 4159  with Jobs Florida or the former Agency for Workforce Innovation
 4160  through an interagency agreement pursuant to s. 443.1316.
 4161         Section 53. Paragraph (a) of subsection (4) of section
 4162  69.041, Florida Statutes, is amended to read:
 4163         69.041 State named party; lien foreclosure, suit to quiet
 4164  title.—
 4165         (4)(a) The Department of Revenue has the right to
 4166  participate in the disbursement of funds remaining in the
 4167  registry of the court after distribution pursuant to s.
 4168  45.031(7). The department shall participate in accordance with
 4169  applicable procedures in any mortgage foreclosure action in
 4170  which the department has a duly filed tax warrant, or interests
 4171  under a lien arising from a judgment, order, or decree for
 4172  support, as defined in s. 409.2554, or interest in an
 4173  unemployment compensation tax lien under contract with Jobs
 4174  Florida the Agency for Workforce Innovation through an
 4175  interagency agreement pursuant to s. 443.1316, against the
 4176  subject property and with the same priority, regardless of
 4177  whether a default against the department, Jobs Florida, or the
 4178  former Agency for Workforce Innovation, or the former Department
 4179  of Labor and Employment Security has been entered for failure to
 4180  file an answer or other responsive pleading.
 4181         Section 54. Subsection (3) of section 112.3135, Florida
 4182  Statutes, is amended to read:
 4183         112.3135 Restriction on employment of relatives.—
 4184         (3) An agency may prescribe regulations authorizing the
 4185  temporary employment, in the event of an emergency as defined in
 4186  s. 252.34(3), of individuals whose employment would be otherwise
 4187  prohibited by this section.
 4188         Section 55. Paragraph (d) of subsection (2) and paragraph
 4189  (f) of subsection (5) of section 119.071, Florida Statutes, are
 4190  amended to read:
 4191         119.071 General exemptions from inspection or copying of
 4192  public records.—
 4193         (2) AGENCY INVESTIGATIONS.—
 4194         (d) Any information revealing surveillance techniques or
 4195  procedures or personnel is exempt from s. 119.07(1) and s.
 4196  24(a), Art. I of the State Constitution. Any comprehensive
 4197  inventory of state and local law enforcement resources compiled
 4198  pursuant to part I, chapter 23, and any comprehensive policies
 4199  or plans compiled by a criminal justice agency pertaining to the
 4200  mobilization, deployment, or tactical operations involved in
 4201  responding to an emergency emergencies, as defined in s.
 4202  252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
 4203  the State Constitution and unavailable for inspection, except by
 4204  personnel authorized by a state or local law enforcement agency,
 4205  the office of the Governor, the Department of Legal Affairs, the
 4206  Department of Law Enforcement, or the Office of Emergency
 4207  Management the Department of Community Affairs as having an
 4208  official need for access to the inventory or comprehensive
 4209  policies or plans.
 4210         (5) OTHER PERSONAL INFORMATION.—
 4211         (f) Medical history records and information related to
 4212  health or property insurance provided to Jobs Florida the
 4213  Department of Community Affairs, the Florida Housing Finance
 4214  Corporation, a county, a municipality, or a local housing
 4215  finance agency by an applicant for or a participant in a
 4216  federal, state, or local housing assistance program are
 4217  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 4218  of the State Constitution. Governmental entities or their agents
 4219  shall have access to such confidential and exempt records and
 4220  information for the purpose of auditing federal, state, or local
 4221  housing programs or housing assistance programs. Such
 4222  confidential and exempt records and information may be used in
 4223  any administrative or judicial proceeding, provided such records
 4224  are kept confidential and exempt unless otherwise ordered by a
 4225  court.
 4226         Section 56. Subsection (10) of section 120.80, Florida
 4227  Statutes, is amended to read:
 4228         120.80 Exceptions and special requirements; agencies.—
 4229         (10) JOBS FLORIDA AGENCY FOR WORKFORCE INNOVATION.—
 4230         (a) Notwithstanding s. 120.54, the rulemaking provisions of
 4231  this chapter do not apply to unemployment appeals referees.
 4232         (b) Notwithstanding s. 120.54(5), the uniform rules of
 4233  procedure do not apply to appeal proceedings conducted under
 4234  chapter 443 by the Unemployment Appeals Commission, special
 4235  deputies, or unemployment appeals referees.
 4236         (c) Notwithstanding s. 120.57(1)(a), hearings under chapter
 4237  443 may not be conducted by an administrative law judge assigned
 4238  by the division, but instead shall be conducted by the
 4239  Unemployment Appeals Commission in unemployment compensation
 4240  appeals, unemployment appeals referees, and Jobs Florida the
 4241  Agency for Workforce Innovation or its special deputies under s.
 4242  443.141.
 4243         Section 57. Subsection (1) of section 125.01045, Florida
 4244  Statutes, is amended to read:
 4245         125.01045 Prohibition of fees for first responder
 4246  services.—
 4247         (1) A county may not impose a fee or seek reimbursement for
 4248  any costs or expenses that may be incurred for services provided
 4249  by a first responder, including costs or expenses related to
 4250  personnel, supplies, motor vehicles, or equipment in response to
 4251  a motor vehicle accident, except for costs to contain or clean
 4252  up hazardous materials in quantities reportable to the Florida
 4253  State Warning Point at the Office Division of Emergency
 4254  Management, and costs for transportation and treatment provided
 4255  by ambulance services licensed pursuant to s. 401.23(4) and (5).
 4256         Section 58. Subsection (11) of section 159.803, Florida
 4257  Statutes, is amended to read:
 4258         159.803 Definitions.—As used in this part, the term:
 4259         (11) “Florida First Business project” means any project
 4260  which is certified by Jobs Florida the Office of Tourism, Trade,
 4261  and Economic Development as eligible to receive an allocation
 4262  from the Florida First Business allocation pool established
 4263  pursuant to s. 159.8083. Jobs Florida The Office of Tourism,
 4264  Trade, and Economic Development may certify those projects
 4265  meeting the criteria set forth in s. 288.106(4)(b) or any
 4266  project providing a substantial economic benefit to this state.
 4267         Section 59. Paragraph (a) of subsection (2) of section
 4268  159.8081, Florida Statutes, is amended to read:
 4269         159.8081 Manufacturing facility bond pool.—
 4270         (2)(a) The first 75 percent of this pool shall be available
 4271  on a first come, first served basis, except that 15 percent of
 4272  the state volume limitation allocated to this pool shall be
 4273  available as provided in paragraph (b). Before Prior to issuing
 4274  any written confirmations for the remaining 25 percent of this
 4275  pool, the director shall forward all notices of intent to issue
 4276  which are received by the division for manufacturing facility
 4277  projects to Jobs Florida the Office of Tourism, Trade, and
 4278  Economic Development. Jobs Florida The Office of Tourism, Trade,
 4279  and Economic Development and the Department of Community Affairs
 4280  shall decide, after receipt of the notices of intent to issue,
 4281  which notices will receive written confirmations. Such decision
 4282  shall be communicated in writing by Jobs Florida the Office of
 4283  Tourism, Trade, and Economic Development to the director within
 4284  10 days of receipt of such notices of intent to issue. Jobs
 4285  Florida The Office of Tourism, Trade, and Economic Development,
 4286  in consultation with the Department of Community Affairs, may
 4287  develop rules to ensure that allocation of the remaining 25
 4288  percent is consistent with the state’s economic development
 4289  policy.
 4290         Section 60. Section 159.8083, Florida Statutes, is amended
 4291  to read:
 4292         159.8083 Florida First Business allocation pool.—The
 4293  Florida First Business allocation pool is hereby established.
 4294  The Florida First Business allocation pool shall be available
 4295  solely to provide written confirmation for private activity
 4296  bonds to finance Florida First Business projects certified by
 4297  Jobs Florida the Office of Tourism, Trade, and Economic
 4298  Development as eligible to receive a written confirmation.
 4299  Allocations from such pool shall be awarded statewide pursuant
 4300  to procedures specified in s. 159.805, except that the
 4301  provisions of s. 159.805(2), (3), and (6) do not apply. Florida
 4302  First Business projects that are eligible for a carryforward do
 4303  shall not lose their allocation pursuant to s. 159.809(3) on
 4304  October 1, or pursuant to s. 159.809(4) on November 16, if they
 4305  have applied for and have been granted a carryforward by the
 4306  division pursuant to s. 159.81(1). In issuing written
 4307  confirmations of allocations for Florida First Business
 4308  projects, the division shall use the Florida First Business
 4309  allocation pool. If allocation is not available from the Florida
 4310  First Business allocation pool, the division shall issue written
 4311  confirmations of allocations for Florida First Business projects
 4312  pursuant to s. 159.806 or s. 159.807, in such order. For the
 4313  purpose of determining priority within a regional allocation
 4314  pool or the state allocation pool, notices of intent to issue
 4315  bonds for Florida First Business projects to be issued from a
 4316  regional allocation pool or the state allocation pool shall be
 4317  considered to have been received by the division at the time it
 4318  is determined by the division that the Florida First Business
 4319  allocation pool is unavailable to issue confirmation for such
 4320  Florida First Business project. If the total amount requested in
 4321  notices of intent to issue private activity bonds for Florida
 4322  First Business projects exceeds the total amount of the Florida
 4323  First Business allocation pool, the director shall forward all
 4324  timely notices of intent to issue, which are received by the
 4325  division for such projects, to Jobs Florida the Office of
 4326  Tourism, Trade, and Economic Development which shall render a
 4327  decision as to which notices of intent to issue are to receive
 4328  written confirmations. Jobs Florida The Office of Tourism,
 4329  Trade, and Economic Development, in consultation with the
 4330  division, shall develop rules to ensure that the allocation
 4331  provided in such pool is available solely to provide written
 4332  confirmations for private activity bonds to finance Florida
 4333  First Business projects and that such projects are feasible and
 4334  financially solvent.
 4335         Section 61. Subsection (10) of section 161.54, Florida
 4336  Statutes, is amended to read:
 4337         161.54 Definitions.—In construing ss. 161.52-161.58:
 4338         (10) “State land planning agency” means Jobs Florida the
 4339  Department of Community Affairs.
 4340         Section 62. Section 163.03, Florida Statutes, is amended to
 4341  read:
 4342         163.03 Commissioner of Jobs Florida Secretary of Community
 4343  Affairs; powers and duties; function of Jobs Florida Department
 4344  of Community Affairs with respect to federal grant-in-aid
 4345  programs.—
 4346         (1) The commissioner of Jobs Florida, or his or her
 4347  designee, Secretary of Community Affairs shall:
 4348         (a) Supervise and administer the activities of Jobs Florida
 4349  the department and shall advise the Governor, the Cabinet, and
 4350  the Legislature with respect to matters affecting community
 4351  affairs and local government and participate in the formulation
 4352  of policies which best use utilize the resources of state
 4353  government for the benefit of local government.
 4354         (b) Render services to local governments by assisting, upon
 4355  request, in applying for and securing federal and state funds
 4356  and by assisting the Executive Office of the Governor in
 4357  coordinating the activities of the state with federal programs
 4358  for assistance in and solution of urban problems.
 4359         (c) Under the direction of the Governor, administer
 4360  programs to apply rapidly all available aid to communities
 4361  stricken by an emergency as defined in s. 252.34(3) and, for
 4362  this purpose, provide liaison with federal agencies and other
 4363  public and private agencies.
 4364         (c)(d) When requested, administer programs which will
 4365  assist the efforts of local governments in developing mutual and
 4366  cooperative solutions to their common problems.
 4367         (d)(e) Conduct programs to encourage and promote the
 4368  involvement of private enterprise in the solution of urban
 4369  problems.
 4370         (e)(f) Conduct continuing programs of analysis and
 4371  evaluation of local governments and recommend to the Governor
 4372  programs and changes in the powers and organization of local
 4373  government as may seem necessary to strengthen local
 4374  governments.
 4375         (f)(g) Assist the Governor and the Cabinet in coordinating
 4376  and making more effective the activities and services of those
 4377  departments and agencies of the state which may be of service to
 4378  units of local government.
 4379         (g)(h) Provide consultative services and technical
 4380  assistance to local officials in the fields of housing,
 4381  redevelopment and renewal, local public improvement programs,
 4382  planning and zoning, and other local programs and collect and
 4383  disseminate information pertaining thereto, including
 4384  information concerning federal, state, and private assistance
 4385  programs and services.
 4386         (h)(i) Conduct research and studies, and prepare model
 4387  ordinances and codes relating to the areas referred to herein.
 4388         (i)(j) Cooperate with other state agencies in the
 4389  preparation of statewide plans relating to housing,
 4390  redevelopment and renewal, human resources development, local
 4391  planning and zoning, transportation and traffic, and other
 4392  matters relating to the purposes of this section.
 4393         (j)(k) Accept funds from all sources to be used utilized in
 4394  programs designed to combat juvenile crime, including the making
 4395  of contributions to the National Youth Emergency Corps.
 4396         (k)(l) Be authorized to accept and disburse funds from all
 4397  sources in order to carry out the following programs:
 4398         1. Advisory and informational services to local
 4399  governments.
 4400         2. Community development training under Title VIII of the
 4401  Housing Act of 1964.
 4402         3. Local planning assistance under s. 701 of the Housing
 4403  Act of 1954.
 4404         4. Statewide planning assistance under s. 701 of the
 4405  Housing Act of 1954.
 4406         5. Model cities technical assistance under s. 701 of the
 4407  Housing Act of 1954.
 4408         (l)(m) Perform such other functions, duties, or
 4409  responsibilities as may be hereafter assigned to him or her by
 4410  law.
 4411         (2) It is the intent of this section, with respect to
 4412  federal grant-in-aid programs, that Jobs Florida the department
 4413  serve as the agency for disseminating information to local
 4414  governments regarding the availability of federal grant-in-aid
 4415  assistance to local governments in their efforts to secure
 4416  federal grant-in-aid assistance, but only upon the request of
 4417  such local governments, and for assisting local governments in
 4418  maintaining liaison and communications with federal agencies
 4419  concerning federal grant-in-aid programs. Nothing contained
 4420  herein shall be construed to require consent, approval, or
 4421  authorization from Jobs Florida the department as a condition to
 4422  any application for or acceptance of grants-in-aid from the
 4423  United States Government.
 4424         (3) Jobs Florida The department is authorized to adopt
 4425  rules implementing the following grant programs, which rules
 4426  shall be consistent with the laws, regulations, or guidelines
 4427  governing the grant to Jobs Florida the department:
 4428         (a) Criminal justice grant programs administered by the
 4429  Bureau of Criminal Justice Assistance.
 4430         (b) Grants under the federal Outer Continental Shelf
 4431  Program administered by the Bureau of Land and Water Management.
 4432         (c) Federal housing assistance programs.
 4433         (d) Community Services Block Grant programs.
 4434         (e) Federal weatherization grant programs.
 4435         (f) The Jobs Impact Program of the federal Community
 4436  Development Block Grant.
 4437         Section 63. Paragraph (d) of subsection (2) and subsection
 4438  (3) of section 163.3178, Florida Statutes, are amended to read:
 4439         163.3178 Coastal management.—
 4440         (2) Each coastal management element required by s.
 4441  163.3177(6)(g) shall be based on studies, surveys, and data; be
 4442  consistent with coastal resource plans prepared and adopted
 4443  pursuant to general or special law; and contain:
 4444         (d) A component which outlines principles for hazard
 4445  mitigation and protection of human life against the effects of
 4446  natural disaster, including population evacuation, which take
 4447  into consideration the capability to safely evacuate the density
 4448  of coastal population proposed in the future land use plan
 4449  element in the event of an impending natural disaster. The
 4450  Office Division of Emergency Management shall manage the update
 4451  of the regional hurricane evacuation studies, ensure such
 4452  studies are done in a consistent manner, and ensure that the
 4453  methodology used for modeling storm surge is that used by the
 4454  National Hurricane Center.
 4455         (3) Expansions to port harbors, spoil disposal sites,
 4456  navigation channels, turning basins, harbor berths, and other
 4457  related inwater harbor facilities of ports listed in s.
 4458  403.021(9); port transportation facilities and projects listed
 4459  in s. 311.07(3)(b); intermodal transportation facilities
 4460  identified pursuant to s. 311.09(3); and facilities determined
 4461  by Jobs Florida the Department of Community Affairs and
 4462  applicable general-purpose local government to be port-related
 4463  industrial or commercial projects located within 3 miles of or
 4464  in a port master plan area which rely upon the use of port and
 4465  intermodal transportation facilities shall not be designated as
 4466  developments of regional impact if such expansions, projects, or
 4467  facilities are consistent with comprehensive master plans that
 4468  are in compliance with this section.
 4469         Section 64. Subsection (14) of section 163.3221, Florida
 4470  Statutes, is amended to read:
 4471         163.3221 Florida Local Government Development Agreement
 4472  Act; definitions.—As used in ss. 163.3220-163.3243:
 4473         (14) “State land planning agency” means Jobs Florida the
 4474  Department of Community Affairs.
 4475         Section 65. Subsection (10) of section 163.360, Florida
 4476  Statutes, is amended to read:
 4477         163.360 Community redevelopment plans.—
 4478         (10) Notwithstanding any other provisions of this part, if
 4479  when the governing body certifies that an area is in need of
 4480  redevelopment or rehabilitation as a result of an emergency as
 4481  defined in under s. 252.34(3), with respect to which the
 4482  Governor has certified the need for emergency assistance under
 4483  federal law, that area may be certified as a “blighted area,”
 4484  and the governing body may approve a community redevelopment
 4485  plan and community redevelopment with respect to such area
 4486  without regard to the provisions of this section requiring a
 4487  general plan for the county or municipality and a public hearing
 4488  on the community redevelopment.
 4489         Section 66. Subsection (1) of section 166.0446, Florida
 4490  Statutes, is amended to read:
 4491         166.0446 Prohibition of fees for first responder services.—
 4492         (1) A municipality may not impose a fee or seek
 4493  reimbursement for any costs or expenses that may be incurred for
 4494  services provided by a first responder, including costs or
 4495  expenses related to personnel, supplies, motor vehicles, or
 4496  equipment in response to a motor vehicle accident, except for
 4497  costs to contain or clean up hazardous materials in quantities
 4498  reportable to the Florida State Warning Point at the Office
 4499  Division of Emergency Management, and costs for transportation
 4500  and treatment provided by ambulance services licensed pursuant
 4501  to s. 401.23(4) and (5).
 4502         Section 67. Subsection (1) of section 175.021, Florida
 4503  Statutes, is amended to read:
 4504         175.021 Legislative declaration.—
 4505         (1) It is hereby declared by the Legislature that
 4506  firefighters, as hereinafter defined, perform state and
 4507  municipal functions; that it is their duty to extinguish fires,
 4508  to protect life, and to protect property at their own risk and
 4509  peril; that it is their duty to prevent conflagration and to
 4510  continuously instruct school personnel, public officials, and
 4511  private citizens in the prevention of fires and firesafety; that
 4512  they protect both life and property from local emergencies as
 4513  defined in s. 252.34(3); and that their activities are vital to
 4514  the public safety. It is further declared that firefighters
 4515  employed by special fire control districts serve under the same
 4516  circumstances and perform the same duties as firefighters
 4517  employed by municipalities and should therefore be entitled to
 4518  the benefits available under this chapter. Therefore, the
 4519  Legislature declares that it is a proper and legitimate state
 4520  purpose to provide a uniform retirement system for the benefit
 4521  of firefighters as hereinafter defined and intends, in
 4522  implementing the provisions of s. 14, Art. X of the State
 4523  Constitution as they relate to municipal and special district
 4524  firefighters’ pension trust fund systems and plans, that such
 4525  retirement systems or plans be managed, administered, operated,
 4526  and funded in such manner as to maximize the protection of the
 4527  firefighters’ pension trust funds. Pursuant to s. 18, Art. VII
 4528  of the State Constitution, the Legislature hereby determines and
 4529  declares that the provisions of this act fulfill an important
 4530  state interest.
 4531         Section 68. Paragraph (c) of subsection (4) of section
 4532  186.504, Florida Statutes, is amended to read:
 4533         186.504 Regional planning councils; creation; membership.—
 4534         (4) In addition to voting members appointed pursuant to
 4535  paragraph (2)(c), the Governor shall appoint the following ex
 4536  officio nonvoting members to each regional planning council:
 4537         (c) A representative nominated by Jobs Florida Enterprise
 4538  Florida, Inc., and the Office of Tourism, Trade, and Economic
 4539  Development.
 4540  
 4541  The Governor may also appoint ex officio nonvoting members
 4542  representing appropriate metropolitan planning organizations and
 4543  regional water supply authorities.
 4544         Section 69. Subsection (11) of section 186.505, Florida
 4545  Statutes, is amended to read:
 4546         186.505 Regional planning councils; powers and duties.—Any
 4547  regional planning council created hereunder shall have the
 4548  following powers:
 4549         (11) To cooperate, in the exercise of its planning
 4550  functions, with federal and state agencies in planning for
 4551  emergency management as defined in under s. 252.34(4).
 4552         Section 70. Paragraph (a) of subsection (1) of section
 4553  202.37, Florida Statutes, is amended to read:
 4554         202.37 Special rules for administration of local
 4555  communications services tax.—
 4556         (1)(a) Except as otherwise provided in this section, all
 4557  statutory provisions and administrative rules applicable to the
 4558  communications services tax imposed by s. 202.12 apply to any
 4559  local communications services tax imposed under s. 202.19, and
 4560  the department shall administer, collect, and enforce all taxes
 4561  imposed under s. 202.19, including interest and penalties
 4562  attributable thereto, in accordance with the same procedures
 4563  used in the administration, collection, and enforcement of the
 4564  communications services tax imposed by s. 202.12. Audits
 4565  performed by the department shall include a determination of the
 4566  dealer’s compliance with the jurisdictional situsing of its
 4567  customers’ service addresses and a determination of whether the
 4568  rate collected for the local tax pursuant to ss. 202.19 and
 4569  202.20 is correct. The person or entity designated by a local
 4570  government pursuant to s. 213.053(8) s. 213.053(8)(v) may
 4571  provide evidence to the department demonstrating a specific
 4572  person’s failure to fully or correctly report taxable
 4573  communications services sales within the jurisdiction. The
 4574  department may request additional information from the designee
 4575  to assist in any review. The department shall inform the
 4576  designee of what action, if any, the department intends to take
 4577  regarding the person.
 4578         Section 71. Paragraphs (j) and (p) of subsection (5) of
 4579  section 212.08, Florida Statutes, are amended to read:
 4580         212.08 Sales, rental, use, consumption, distribution, and
 4581  storage tax; specified exemptions.—The sale at retail, the
 4582  rental, the use, the consumption, the distribution, and the
 4583  storage to be used or consumed in this state of the following
 4584  are hereby specifically exempt from the tax imposed by this
 4585  chapter.
 4586         (5) EXEMPTIONS; ACCOUNT OF USE.—
 4587         (j) Machinery and equipment used in semiconductor, defense,
 4588  or space technology production.—
 4589         1.a. Industrial machinery and equipment used in
 4590  semiconductor technology facilities certified under subparagraph
 4591  5. to manufacture, process, compound, or produce semiconductor
 4592  technology products for sale or for use by these facilities are
 4593  exempt from the tax imposed by this chapter. For purposes of
 4594  this paragraph, industrial machinery and equipment includes
 4595  molds, dies, machine tooling, other appurtenances or accessories
 4596  to machinery and equipment, testing equipment, test beds,
 4597  computers, and software, whether purchased or self-fabricated,
 4598  and, if self-fabricated, includes materials and labor for
 4599  design, fabrication, and assembly.
 4600         b. Industrial machinery and equipment used in defense or
 4601  space technology facilities certified under subparagraph 5. to
 4602  design, manufacture, assemble, process, compound, or produce
 4603  defense technology products or space technology products for
 4604  sale or for use by these facilities are exempt from the tax
 4605  imposed by this chapter.
 4606         2. Building materials purchased for use in manufacturing or
 4607  expanding clean rooms in semiconductor-manufacturing facilities
 4608  are exempt from the tax imposed by this chapter.
 4609         3. In addition to meeting the criteria mandated by
 4610  subparagraph 1. or subparagraph 2., a business must be certified
 4611  by Jobs Florida the Office of Tourism, Trade, and Economic
 4612  Development in order to qualify for exemption under this
 4613  paragraph.
 4614         4. For items purchased tax-exempt pursuant to this
 4615  paragraph, possession of a written certification from the
 4616  purchaser, certifying the purchaser’s entitlement to the
 4617  exemption, relieves the seller of the responsibility of
 4618  collecting the tax on the sale of such items, and the department
 4619  shall look solely to the purchaser for recovery of the tax if it
 4620  determines that the purchaser was not entitled to the exemption.
 4621         5.a. To be eligible to receive the exemption provided by
 4622  subparagraph 1. or subparagraph 2., a qualifying business entity
 4623  shall initially apply to the Jobs Florida Partnership Enterprise
 4624  Florida, Inc. The original certification is valid for a period
 4625  of 2 years. In lieu of submitting a new application, the
 4626  original certification may be renewed biennially by submitting
 4627  to Jobs Florida the Office of Tourism, Trade, and Economic
 4628  Development a statement, certified under oath, that there has
 4629  been no material change in the conditions or circumstances
 4630  entitling the business entity to the original certification. The
 4631  initial application and the certification renewal statement
 4632  shall be developed by Jobs Florida the Office of Tourism, Trade,
 4633  and Economic Development in consultation with Enterprise
 4634  Florida, Inc.
 4635         b. The Jobs Florida Partnership Enterprise Florida, Inc.,
 4636  shall review each submitted initial application and determine
 4637  whether or not the application is complete within 5 working
 4638  days. Once complete, the Jobs Florida Partnership Enterprise
 4639  Florida, Inc., shall, within 10 working days, evaluate the
 4640  application and recommend approval or disapproval to Jobs
 4641  Florida the Office of Tourism, Trade, and Economic Development.
 4642         c. Upon receipt of the initial application and
 4643  recommendation from the Jobs Florida Partnership Enterprise
 4644  Florida, Inc., or upon receipt of a certification renewal
 4645  statement, Jobs Florida the Office of Tourism, Trade, and
 4646  Economic Development shall certify within 5 working days those
 4647  applicants who are found to meet the requirements of this
 4648  section and notify the applicant, the Jobs Florida Partnership
 4649  Enterprise Florida, Inc., and the department of the original
 4650  certification or certification renewal. If Jobs Florida the
 4651  Office of Tourism, Trade, and Economic Development finds that
 4652  the applicant does not meet the requirements, it shall notify
 4653  the applicant and the Jobs Florida Partnership Enterprise
 4654  Florida, Inc., within 10 working days that the application for
 4655  certification has been denied and the reasons for denial. Jobs
 4656  Florida The Office of Tourism, Trade, and Economic Development
 4657  has final approval authority for certification under this
 4658  section.
 4659         d. The initial application and certification renewal
 4660  statement must indicate, for program evaluation purposes only,
 4661  the average number of full-time equivalent employees at the
 4662  facility over the preceding calendar year, the average wage and
 4663  benefits paid to those employees over the preceding calendar
 4664  year, the total investment made in real and tangible personal
 4665  property over the preceding calendar year, and the total value
 4666  of tax-exempt purchases and taxes exempted during the previous
 4667  year. The department shall assist Jobs Florida the Office of
 4668  Tourism, Trade, and Economic Development in evaluating and
 4669  verifying information provided in the application for exemption.
 4670         e. Jobs Florida The Office of Tourism, Trade, and Economic
 4671  Development may use the information reported on the initial
 4672  application and certification renewal statement for evaluation
 4673  purposes only.
 4674         6. A business certified to receive this exemption may elect
 4675  to designate one or more state universities or community
 4676  colleges as recipients of up to 100 percent of the amount of the
 4677  exemption. To receive these funds, the institution must agree to
 4678  match the funds with equivalent cash, programs, services, or
 4679  other in-kind support on a one-to-one basis for research and
 4680  development projects requested by the certified business. The
 4681  rights to any patents, royalties, or real or intellectual
 4682  property must be vested in the business unless otherwise agreed
 4683  to by the business and the university or community college.
 4684         7. As used in this paragraph, the term:
 4685         a. “Semiconductor technology products” means raw
 4686  semiconductor wafers or semiconductor thin films that are
 4687  transformed into semiconductor memory or logic wafers, including
 4688  wafers containing mixed memory and logic circuits; related
 4689  assembly and test operations; active-matrix flat panel displays;
 4690  semiconductor chips; semiconductor lasers; optoelectronic
 4691  elements; and related semiconductor technology products as
 4692  determined by Jobs Florida the Office of Tourism, Trade, and
 4693  Economic Development.
 4694         b. “Clean rooms” means manufacturing facilities enclosed in
 4695  a manner that meets the clean manufacturing requirements
 4696  necessary for high-technology semiconductor-manufacturing
 4697  environments.
 4698         c. “Defense technology products” means products that have a
 4699  military application, including, but not limited to, weapons,
 4700  weapons systems, guidance systems, surveillance systems,
 4701  communications or information systems, munitions, aircraft,
 4702  vessels, or boats, or components thereof, which are intended for
 4703  military use and manufactured in performance of a contract with
 4704  the United States Department of Defense or the military branch
 4705  of a recognized foreign government or a subcontract thereunder
 4706  which relates to matters of national defense.
 4707         d. “Space technology products” means products that are
 4708  specifically designed or manufactured for application in space
 4709  activities, including, but not limited to, space launch
 4710  vehicles, space flight vehicles, missiles, satellites or
 4711  research payloads, avionics, and associated control systems and
 4712  processing systems and components of any of the foregoing. The
 4713  term does not include products that are designed or manufactured
 4714  for general commercial aviation or other uses even though those
 4715  products may also serve an incidental use in space applications.
 4716         (p) Community contribution tax credit for donations.—
 4717         1. Authorization.—Persons who are registered with the
 4718  department under s. 212.18 to collect or remit sales or use tax
 4719  and who make donations to eligible sponsors are eligible for tax
 4720  credits against their state sales and use tax liabilities as
 4721  provided in this paragraph:
 4722         a. The credit shall be computed as 50 percent of the
 4723  person’s approved annual community contribution.
 4724         b. The credit shall be granted as a refund against state
 4725  sales and use taxes reported on returns and remitted in the 12
 4726  months preceding the date of application to the department for
 4727  the credit as required in sub-subparagraph 3.c. If the annual
 4728  credit is not fully used through such refund because of
 4729  insufficient tax payments during the applicable 12-month period,
 4730  the unused amount may be included in an application for a refund
 4731  made pursuant to sub-subparagraph 3.c. in subsequent years
 4732  against the total tax payments made for such year. Carryover
 4733  credits may be applied for a 3-year period without regard to any
 4734  time limitation that would otherwise apply under s. 215.26.
 4735         c. A person may not receive more than $200,000 in annual
 4736  tax credits for all approved community contributions made in any
 4737  one year.
 4738         d. All proposals for the granting of the tax credit require
 4739  the prior approval of Jobs Florida the Office of Tourism, Trade,
 4740  and Economic Development.
 4741         e. The total amount of tax credits which may be granted for
 4742  all programs approved under this paragraph, s. 220.183, and s.
 4743  624.5105 is $10.5 million annually for projects that provide
 4744  homeownership opportunities for low-income or very-low-income
 4745  households as defined in s. 420.9071(19) and (28) and $3.5
 4746  million annually for all other projects.
 4747         f. A person who is eligible to receive the credit provided
 4748  for in this paragraph, s. 220.183, or s. 624.5105 may receive
 4749  the credit only under the one section of the person’s choice.
 4750         2. Eligibility requirements.—
 4751         a. A community contribution by a person must be in the
 4752  following form:
 4753         (I) Cash or other liquid assets;
 4754         (II) Real property;
 4755         (III) Goods or inventory; or
 4756         (IV) Other physical resources as identified by Jobs Florida
 4757  the Office of Tourism, Trade, and Economic Development.
 4758         b. All community contributions must be reserved exclusively
 4759  for use in a project. As used in this sub-subparagraph, the term
 4760  “project” means any activity undertaken by an eligible sponsor
 4761  which is designed to construct, improve, or substantially
 4762  rehabilitate housing that is affordable to low-income or very
 4763  low-income households as defined in s. 420.9071(19) and (28);
 4764  designed to provide commercial, industrial, or public resources
 4765  and facilities; or designed to improve entrepreneurial and job
 4766  development opportunities for low-income persons. A project may
 4767  be the investment necessary to increase access to high-speed
 4768  broadband capability in rural communities with enterprise zones,
 4769  including projects that result in improvements to communications
 4770  assets that are owned by a business. A project may include the
 4771  provision of museum educational programs and materials that are
 4772  directly related to any project approved between January 1,
 4773  1996, and December 31, 1999, and located in an enterprise zone
 4774  designated pursuant to s. 290.0065. This paragraph does not
 4775  preclude projects that propose to construct or rehabilitate
 4776  housing for low-income or very-low-income households on
 4777  scattered sites. With respect to housing, contributions may be
 4778  used to pay the following eligible low-income and very-low
 4779  income housing-related activities:
 4780         (I) Project development impact and management fees for low
 4781  income or very-low-income housing projects;
 4782         (II) Down payment and closing costs for eligible persons,
 4783  as defined in s. 420.9071(19) and (28);
 4784         (III) Administrative costs, including housing counseling
 4785  and marketing fees, not to exceed 10 percent of the community
 4786  contribution, directly related to low-income or very-low-income
 4787  projects; and
 4788         (IV) Removal of liens recorded against residential property
 4789  by municipal, county, or special district local governments when
 4790  satisfaction of the lien is a necessary precedent to the
 4791  transfer of the property to an eligible person, as defined in s.
 4792  420.9071(19) and (28), for the purpose of promoting home
 4793  ownership. Contributions for lien removal must be received from
 4794  a nonrelated third party.
 4795         c. The project must be undertaken by an “eligible sponsor,”
 4796  which includes:
 4797         (I) A community action program;
 4798         (II) A nonprofit community-based development organization
 4799  whose mission is the provision of housing for low-income or
 4800  very-low-income households or increasing entrepreneurial and
 4801  job-development opportunities for low-income persons;
 4802         (III) A neighborhood housing services corporation;
 4803         (IV) A local housing authority created under chapter 421;
 4804         (V) A community redevelopment agency created under s.
 4805  163.356;
 4806         (VI) The Florida Industrial Development Corporation;
 4807         (VII) A historic preservation district agency or
 4808  organization;
 4809         (VIII) A regional workforce board;
 4810         (IX) A direct-support organization as provided in s.
 4811  1009.983;
 4812         (X) An enterprise zone development agency created under s.
 4813  290.0056;
 4814         (XI) A community-based organization incorporated under
 4815  chapter 617 which is recognized as educational, charitable, or
 4816  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 4817  and whose bylaws and articles of incorporation include
 4818  affordable housing, economic development, or community
 4819  development as the primary mission of the corporation;
 4820         (XII) Units of local government;
 4821         (XIII) Units of state government; or
 4822         (XIV) Any other agency that Jobs Florida the Office of
 4823  Tourism, Trade, and Economic Development designates by rule.
 4824  
 4825  In no event may a contributing person have a financial interest
 4826  in the eligible sponsor.
 4827         d. The project must be located in an area designated an
 4828  enterprise zone or a Front Porch Florida Community pursuant to
 4829  s. 20.18(6), unless the project increases access to high-speed
 4830  broadband capability for rural communities with enterprise zones
 4831  but is physically located outside the designated rural zone
 4832  boundaries. Any project designed to construct or rehabilitate
 4833  housing for low-income or very-low-income households as defined
 4834  in s. 420.9071(19) and (28) is exempt from the area requirement
 4835  of this sub-subparagraph.
 4836         e.(I) If, during the first 10 business days of the state
 4837  fiscal year, eligible tax credit applications for projects that
 4838  provide homeownership opportunities for low-income or very-low
 4839  income households as defined in s. 420.9071(19) and (28) are
 4840  received for less than the annual tax credits available for
 4841  those projects, Jobs Florida the Office of Tourism, Trade, and
 4842  Economic Development shall grant tax credits for those
 4843  applications and shall grant remaining tax credits on a first
 4844  come, first-served basis for any subsequent eligible
 4845  applications received before the end of the state fiscal year.
 4846  If, during the first 10 business days of the state fiscal year,
 4847  eligible tax credit applications for projects that provide
 4848  homeownership opportunities for low-income or very-low-income
 4849  households as defined in s. 420.9071(19) and (28) are received
 4850  for more than the annual tax credits available for those
 4851  projects, Jobs Florida the office shall grant the tax credits
 4852  for those applications as follows:
 4853         (A) If tax credit applications submitted for approved
 4854  projects of an eligible sponsor do not exceed $200,000 in total,
 4855  the credits shall be granted in full if the tax credit
 4856  applications are approved.
 4857         (B) If tax credit applications submitted for approved
 4858  projects of an eligible sponsor exceed $200,000 in total, the
 4859  amount of tax credits granted pursuant to sub-sub-sub
 4860  subparagraph (A) shall be subtracted from the amount of
 4861  available tax credits, and the remaining credits shall be
 4862  granted to each approved tax credit application on a pro rata
 4863  basis.
 4864         (II) If, during the first 10 business days of the state
 4865  fiscal year, eligible tax credit applications for projects other
 4866  than those that provide homeownership opportunities for low
 4867  income or very-low-income households as defined in s.
 4868  420.9071(19) and (28) are received for less than the annual tax
 4869  credits available for those projects, Jobs Florida the office
 4870  shall grant tax credits for those applications and shall grant
 4871  remaining tax credits on a first-come, first-served basis for
 4872  any subsequent eligible applications received before the end of
 4873  the state fiscal year. If, during the first 10 business days of
 4874  the state fiscal year, eligible tax credit applications for
 4875  projects other than those that provide homeownership
 4876  opportunities for low-income or very-low-income households as
 4877  defined in s. 420.9071(19) and (28) are received for more than
 4878  the annual tax credits available for those projects, the office
 4879  shall grant the tax credits for those applications on a pro rata
 4880  basis.
 4881         3. Application requirements.—
 4882         a. Any eligible sponsor seeking to participate in this
 4883  program must submit a proposal to Jobs Florida the Office of
 4884  Tourism, Trade, and Economic Development which sets forth the
 4885  name of the sponsor, a description of the project, and the area
 4886  in which the project is located, together with such supporting
 4887  information as is prescribed by rule. The proposal must also
 4888  contain a resolution from the local governmental unit in which
 4889  the project is located certifying that the project is consistent
 4890  with local plans and regulations.
 4891         b. Any person seeking to participate in this program must
 4892  submit an application for tax credit to Jobs Florida the office
 4893  which sets forth the name of the sponsor, a description of the
 4894  project, and the type, value, and purpose of the contribution.
 4895  The sponsor shall verify the terms of the application and
 4896  indicate its receipt of the contribution, which verification
 4897  must be in writing and accompany the application for tax credit.
 4898  The person must submit a separate tax credit application to Jobs
 4899  Florida the office for each individual contribution that it
 4900  makes to each individual project.
 4901         c. Any person who has received notification from Jobs
 4902  Florida the office that a tax credit has been approved must
 4903  apply to the department to receive the refund. Application must
 4904  be made on the form prescribed for claiming refunds of sales and
 4905  use taxes and be accompanied by a copy of the notification. A
 4906  person may submit only one application for refund to the
 4907  department within any 12-month period.
 4908         4. Administration.—
 4909         a. Jobs Florida The Office of Tourism, Trade, and Economic
 4910  Development may adopt rules pursuant to ss. 120.536(1) and
 4911  120.54 necessary to administer this paragraph, including rules
 4912  for the approval or disapproval of proposals by a person.
 4913         b. The decision of Jobs Florida the office must be in
 4914  writing, and, if approved, the notification shall state the
 4915  maximum credit allowable to the person. Upon approval, Jobs
 4916  Florida the office shall transmit a copy of the decision to the
 4917  Department of Revenue.
 4918         c. Jobs Florida The office shall periodically monitor all
 4919  projects in a manner consistent with available resources to
 4920  ensure that resources are used in accordance with this
 4921  paragraph; however, each project must be reviewed at least once
 4922  every 2 years.
 4923         d. Jobs Florida The office shall, in consultation with the
 4924  Department of Community Affairs and the statewide and regional
 4925  housing and financial intermediaries, market the availability of
 4926  the community contribution tax credit program to community-based
 4927  organizations.
 4928         5. Expiration.—This paragraph expires June 30, 2015;
 4929  however, any accrued credit carryover that is unused on that
 4930  date may be used until the expiration of the 3-year carryover
 4931  period for such credit.
 4932         Section 72. Paragraph (d) of subsection (1) of section
 4933  212.096, Florida Statutes, is amended to read:
 4934         212.096 Sales, rental, storage, use tax; enterprise zone
 4935  jobs credit against sales tax.—
 4936         (1) For the purposes of the credit provided in this
 4937  section:
 4938         (d) “Job” means a full-time position, as consistent with
 4939  terms used by Jobs Florida the Agency for Workforce Innovation
 4940  and the United States Department of Labor for purposes of
 4941  unemployment compensation tax administration and employment
 4942  estimation resulting directly from a business operation in this
 4943  state. This term may not include a temporary construction job
 4944  involved with the construction of facilities or any job that has
 4945  previously been included in any application for tax credits
 4946  under s. 220.181(1). The term also includes employment of an
 4947  employee leased from an employee leasing company licensed under
 4948  chapter 468 if such employee has been continuously leased to the
 4949  employer for an average of at least 36 hours per week for more
 4950  than 6 months.
 4951  
 4952  A person shall be deemed to be employed if the person performs
 4953  duties in connection with the operations of the business on a
 4954  regular, full-time basis, provided the person is performing such
 4955  duties for an average of at least 36 hours per week each month.
 4956  The person must be performing such duties at a business site
 4957  located in the enterprise zone.
 4958         Section 73. Paragraphs (a) and (e) of subsection (1) and
 4959  subsections (6), (7), and (10) of section 212.097, Florida
 4960  Statutes, are amended to read:
 4961         212.097 Urban High-Crime Area Job Tax Credit Program.—
 4962         (1) As used in this section, the term:
 4963         (a) “Eligible business” means any sole proprietorship,
 4964  firm, partnership, or corporation that is located in a qualified
 4965  county and is predominantly engaged in, or is headquarters for a
 4966  business predominantly engaged in, activities usually provided
 4967  for consideration by firms classified within the following
 4968  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 4969  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 52
 4970  SIC 57 and SIC 59 (retail); SIC 422 (public warehousing and
 4971  storage); SIC 70 (hotels and other lodging places); SIC 7391
 4972  (research and development); SIC 781 (motion picture production
 4973  and allied services); SIC 7992 (public golf courses); and SIC
 4974  7996 (amusement parks). A call center or similar customer
 4975  service operation that services a multistate market or
 4976  international market is also an eligible business. In addition,
 4977  Jobs Florida the Office of Tourism, Trade, and Economic
 4978  Development may, as part of its final budget request submitted
 4979  pursuant to s. 216.023, recommend additions to or deletions from
 4980  the list of standard industrial classifications used to
 4981  determine an eligible business, and the Legislature may
 4982  implement such recommendations. Excluded from eligible receipts
 4983  are receipts from retail sales, except such receipts for SIC 52
 4984  SIC 57 and SIC 59 (retail) hotels and other lodging places
 4985  classified in SIC 70, public golf courses in SIC 7992, and
 4986  amusement parks in SIC 7996. For purposes of this paragraph, the
 4987  term “predominantly” means that more than 50 percent of the
 4988  business’s gross receipts from all sources is generated by those
 4989  activities usually provided for consideration by firms in the
 4990  specified standard industrial classification. The determination
 4991  of whether the business is located in a qualified high-crime
 4992  area and the tier ranking of that area must be based on the date
 4993  of application for the credit under this section. Commonly owned
 4994  and controlled entities are to be considered a single business
 4995  entity.
 4996         (e) “Qualified high-crime area” means an area selected by
 4997  Jobs Florida the Office of Tourism, Trade, and Economic
 4998  Development in the following manner: every third year, Jobs
 4999  Florida the Office shall rank and tier those areas nominated
 5000  under subsection (7), according to the following prioritized
 5001  criteria:
 5002         1. Highest arrest rates within the geographic area for
 5003  violent crime and for such other crimes as drug sale, drug
 5004  possession, prostitution, vandalism, and civil disturbances;
 5005         2. Highest reported crime volume and rate of specific
 5006  property crimes such as business and residential burglary, motor
 5007  vehicle theft, and vandalism;
 5008         3. Highest percentage of reported index crimes that are
 5009  violent in nature;
 5010         4. Highest overall index crime volume for the area; and
 5011         5. Highest overall index crime rate for the geographic
 5012  area.
 5013  
 5014  Tier-one areas are ranked 1 through 5 and represent the highest
 5015  crime areas according to this ranking. Tier-two areas are ranked
 5016  6 through 10 according to this ranking. Tier-three areas are
 5017  ranked 11 through 15. Notwithstanding this definition,
 5018  “qualified high-crime area” also means an area that has been
 5019  designated as a federal Empowerment Zone pursuant to the
 5020  Taxpayer Relief Act of 1997. Such a designated area is ranked in
 5021  tier three until the areas are reevaluated by Jobs Florida the
 5022  Office of Tourism, Trade, and Economic Development.
 5023         (6) Any county or municipality, or a county and one or more
 5024  municipalities together, may apply to Jobs Florida the Office of
 5025  Tourism, Trade, and Economic Development for the designation of
 5026  an area as a high-crime area after the adoption by the governing
 5027  body or bodies of a resolution that:
 5028         (a) Finds that a high-crime area exists in such county or
 5029  municipality, or in both the county and one or more
 5030  municipalities, which chronically exhibits extreme and
 5031  unacceptable levels of poverty, unemployment, physical
 5032  deterioration, and economic disinvestment;
 5033         (b) Determines that the rehabilitation, conservation, or
 5034  redevelopment, or a combination thereof, of such a high-crime
 5035  area is necessary in the interest of the health, safety, and
 5036  welfare of the residents of such county or municipality, or such
 5037  county and one or more municipalities; and
 5038         (c) Determines that the revitalization of such a high-crime
 5039  area can occur if the public sector or private sector can be
 5040  induced to invest its own resources in productive enterprises
 5041  that build or rebuild the economic viability of the area.
 5042         (7) The governing body of the entity nominating the area
 5043  shall provide to Jobs Florida the Office of Tourism, Trade, and
 5044  Economic Development the following:
 5045         (a) The overall index crime rate for the geographic area;
 5046         (b) The overall index crime volume for the area;
 5047         (c) The percentage of reported index crimes that are
 5048  violent in nature;
 5049         (d) The reported crime volume and rate of specific property
 5050  crimes such as business and residential burglary, motor vehicle
 5051  theft, and vandalism; and
 5052         (e) The arrest rates within the geographic area for violent
 5053  crime and for such other crimes as drug sale, drug possession,
 5054  prostitution, disorderly conduct, vandalism, and other public
 5055  order offenses.
 5056         (10)(a) In order to claim this credit, an eligible business
 5057  must file under oath with Jobs Florida the Office of Tourism,
 5058  Trade, and Economic Development a statement that includes the
 5059  name and address of the eligible business and any other
 5060  information that is required to process the application.
 5061         (b) Applications shall be reviewed and certified pursuant
 5062  to s. 288.061.
 5063         (c) The maximum credit amount that may be approved during
 5064  any calendar year is $5 million, of which $1 million shall be
 5065  exclusively reserved for tier-one areas. The Department of
 5066  Revenue, in conjunction with Jobs Florida the Office of Tourism,
 5067  Trade, and Economic Development, shall notify the governing
 5068  bodies in areas designated as urban high-crime areas when the $5
 5069  million maximum amount has been reached. Applications must be
 5070  considered for approval in the order in which they are received
 5071  without regard to whether the credit is for a new or existing
 5072  business. This limitation applies to the value of the credit as
 5073  contained in approved applications. Approved credits may be
 5074  taken in the time and manner allowed pursuant to this section.
 5075         Section 74. Paragraphs (a) and (c) of subsection (1) and
 5076  subsections (6) and (7), of section 212.098, Florida Statutes,
 5077  are amended to read:
 5078         212.098 Rural Job Tax Credit Program.—
 5079         (1) As used in this section, the term:
 5080         (a) “Eligible business” means any sole proprietorship,
 5081  firm, partnership, or corporation that is located in a qualified
 5082  county and is predominantly engaged in, or is headquarters for a
 5083  business predominantly engaged in, activities usually provided
 5084  for consideration by firms classified within the following
 5085  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 5086  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 422
 5087  (public warehousing and storage); SIC 70 (hotels and other
 5088  lodging places); SIC 7391 (research and development); SIC 781
 5089  (motion picture production and allied services); SIC 7992
 5090  (public golf courses); SIC 7996 (amusement parks); and a
 5091  targeted industry eligible for the qualified target industry
 5092  business tax refund under s. 288.106. A call center or similar
 5093  customer service operation that services a multistate market or
 5094  an international market is also an eligible business. In
 5095  addition, Jobs Florida the Office of Tourism, Trade, and
 5096  Economic Development may, as part of its final budget request
 5097  submitted pursuant to s. 216.023, recommend additions to or
 5098  deletions from the list of standard industrial classifications
 5099  used to determine an eligible business, and the Legislature may
 5100  implement such recommendations. Excluded from eligible receipts
 5101  are receipts from retail sales, except such receipts for hotels
 5102  and other lodging places classified in SIC 70, public golf
 5103  courses in SIC 7992, and amusement parks in SIC 7996. For
 5104  purposes of this paragraph, the term “predominantly” means that
 5105  more than 50 percent of the business’s gross receipts from all
 5106  sources is generated by those activities usually provided for
 5107  consideration by firms in the specified standard industrial
 5108  classification. The determination of whether the business is
 5109  located in a qualified county and the tier ranking of that
 5110  county must be based on the date of application for the credit
 5111  under this section. Commonly owned and controlled entities are
 5112  to be considered a single business entity.
 5113         (c) “Qualified area” means any area that is contained
 5114  within a rural area of critical economic concern designated
 5115  under s. 288.0656, a county that has a population of fewer than
 5116  75,000 persons, or a county that has a population of 125,000 or
 5117  less and is contiguous to a county that has a population of less
 5118  than 75,000, selected in the following manner: every third year,
 5119  Jobs Florida the Office of Tourism, Trade, and Economic
 5120  Development shall rank and tier the state’s counties according
 5121  to the following four factors:
 5122         1. Highest unemployment rate for the most recent 36-month
 5123  period.
 5124         2. Lowest per capita income for the most recent 36-month
 5125  period.
 5126         3. Highest percentage of residents whose incomes are below
 5127  the poverty level, based upon the most recent data available.
 5128         4. Average weekly manufacturing wage, based upon the most
 5129  recent data available.
 5130         (6)(a) In order to claim this credit, an eligible business
 5131  must file under oath with Jobs Florida the Office of Tourism,
 5132  Trade, and Economic Development a statement that includes the
 5133  name and address of the eligible business, the starting salary
 5134  or hourly wages paid to the new employee, and any other
 5135  information that the Department of Revenue requires.
 5136         (b) Within 30 working days after receipt of an application
 5137  for credit, Jobs Florida the Office of Tourism, Trade, and
 5138  Economic Development shall review the application to determine
 5139  whether it contains all the information required by this
 5140  subsection and meets the criteria set out in this section.
 5141  Subject to the provisions of paragraph (c), Jobs Florida the
 5142  Office of Tourism, Trade, and Economic Development shall approve
 5143  all applications that contain the information required by this
 5144  subsection and meet the criteria set out in this section as
 5145  eligible to receive a credit.
 5146         (c) The maximum credit amount that may be approved during
 5147  any calendar year is $5 million. The Department of Revenue, in
 5148  conjunction with Jobs Florida the Office of Tourism, Trade, and
 5149  Economic Development, shall notify the governing bodies in areas
 5150  designated as qualified counties when the $5 million maximum
 5151  amount has been reached. Applications must be considered for
 5152  approval in the order in which they are received without regard
 5153  to whether the credit is for a new or existing business. This
 5154  limitation applies to the value of the credit as contained in
 5155  approved applications. Approved credits may be taken in the time
 5156  and manner allowed pursuant to this section.
 5157         (d) A business may not receive more than $500,000 of tax
 5158  credits under this section during any one calendar year.
 5159         (7) If the application is insufficient to support the
 5160  credit authorized in this section, Jobs Florida the Office of
 5161  Tourism, Trade, and Economic Development shall deny the credit
 5162  and notify the business of that fact. The business may reapply
 5163  for this credit within 3 months after such notification.
 5164         Section 75. Paragraph (d) of subsection (6) of section
 5165  212.20, Florida Statutes, is amended to read:
 5166         212.20 Funds collected, disposition; additional powers of
 5167  department; operational expense; refund of taxes adjudicated
 5168  unconstitutionally collected.—
 5169         (6) Distribution of all proceeds under this chapter and s.
 5170  202.18(1)(b) and (2)(b) shall be as follows:
 5171         (d) The proceeds of all other taxes and fees imposed
 5172  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
 5173  and (2)(b) shall be distributed as follows:
 5174         1. In any fiscal year, the greater of $500 million, minus
 5175  an amount equal to 4.6 percent of the proceeds of the taxes
 5176  collected pursuant to chapter 201, or 5.2 percent of all other
 5177  taxes and fees imposed pursuant to this chapter or remitted
 5178  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
 5179  monthly installments into the General Revenue Fund.
 5180         2. After the distribution under subparagraph 1., 8.814
 5181  percent of the amount remitted by a sales tax dealer located
 5182  within a participating county pursuant to s. 218.61 shall be
 5183  transferred into the Local Government Half-cent Sales Tax
 5184  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
 5185  transferred shall be reduced by 0.1 percent, and the department
 5186  shall distribute this amount to the Public Employees Relations
 5187  Commission Trust Fund less $5,000 each month, which shall be
 5188  added to the amount calculated in subparagraph 3. and
 5189  distributed accordingly.
 5190         3. After the distribution under subparagraphs 1. and 2.,
 5191  0.095 percent shall be transferred to the Local Government Half
 5192  cent Sales Tax Clearing Trust Fund and distributed pursuant to
 5193  s. 218.65.
 5194         4. After the distributions under subparagraphs 1., 2., and
 5195  3., 2.0440 percent of the available proceeds shall be
 5196  transferred monthly to the Revenue Sharing Trust Fund for
 5197  Counties pursuant to s. 218.215.
 5198         5. After the distributions under subparagraphs 1., 2., and
 5199  3., 1.3409 percent of the available proceeds shall be
 5200  transferred monthly to the Revenue Sharing Trust Fund for
 5201  Municipalities pursuant to s. 218.215. If the total revenue to
 5202  be distributed pursuant to this subparagraph is at least as
 5203  great as the amount due from the Revenue Sharing Trust Fund for
 5204  Municipalities and the former Municipal Financial Assistance
 5205  Trust Fund in state fiscal year 1999-2000, no municipality shall
 5206  receive less than the amount due from the Revenue Sharing Trust
 5207  Fund for Municipalities and the former Municipal Financial
 5208  Assistance Trust Fund in state fiscal year 1999-2000. If the
 5209  total proceeds to be distributed are less than the amount
 5210  received in combination from the Revenue Sharing Trust Fund for
 5211  Municipalities and the former Municipal Financial Assistance
 5212  Trust Fund in state fiscal year 1999-2000, each municipality
 5213  shall receive an amount proportionate to the amount it was due
 5214  in state fiscal year 1999-2000.
 5215         6. Of the remaining proceeds:
 5216         a. In each fiscal year, the sum of $29,915,500 shall be
 5217  divided into as many equal parts as there are counties in the
 5218  state, and one part shall be distributed to each county. The
 5219  distribution among the several counties must begin each fiscal
 5220  year on or before January 5th and continue monthly for a total
 5221  of 4 months. If a local or special law required that any moneys
 5222  accruing to a county in fiscal year 1999-2000 under the then
 5223  existing provisions of s. 550.135 be paid directly to the
 5224  district school board, special district, or a municipal
 5225  government, such payment must continue until the local or
 5226  special law is amended or repealed. The state covenants with
 5227  holders of bonds or other instruments of indebtedness issued by
 5228  local governments, special districts, or district school boards
 5229  before July 1, 2000, that it is not the intent of this
 5230  subparagraph to adversely affect the rights of those holders or
 5231  relieve local governments, special districts, or district school
 5232  boards of the duty to meet their obligations as a result of
 5233  previous pledges or assignments or trusts entered into which
 5234  obligated funds received from the distribution to county
 5235  governments under then-existing s. 550.135. This distribution
 5236  specifically is in lieu of funds distributed under s. 550.135
 5237  before July 1, 2000.
 5238         b. The department shall distribute $166,667 monthly
 5239  pursuant to s. 288.1162 to each applicant certified as a
 5240  facility for a new or retained professional sports franchise
 5241  pursuant to s. 288.1162. Up to $41,667 shall be distributed
 5242  monthly by the department to each certified applicant as defined
 5243  in s. 288.11621 for a facility for a spring training franchise.
 5244  However, not more than $416,670 may be distributed monthly in
 5245  the aggregate to all certified applicants for facilities for
 5246  spring training franchises. Distributions begin 60 days after
 5247  such certification and continue for not more than 30 years,
 5248  except as otherwise provided in s. 288.11621. A certified
 5249  applicant identified in this sub-subparagraph may not receive
 5250  more in distributions than expended by the applicant for the
 5251  public purposes provided for in s. 288.1162(5) or s.
 5252  288.11621(3).
 5253         c. Beginning 30 days after notice by Jobs Florida the
 5254  Office of Tourism, Trade, and Economic Development to the
 5255  Department of Revenue that an applicant has been certified as
 5256  the professional golf hall of fame pursuant to s. 288.1168 and
 5257  is open to the public, $166,667 shall be distributed monthly,
 5258  for up to 300 months, to the applicant.
 5259         d. Beginning 30 days after notice by Jobs Florida the
 5260  Office of Tourism, Trade, and Economic Development to the
 5261  Department of Revenue that the applicant has been certified as
 5262  the International Game Fish Association World Center facility
 5263  pursuant to s. 288.1169, and the facility is open to the public,
 5264  $83,333 shall be distributed monthly, for up to 168 months, to
 5265  the applicant. This distribution is subject to reduction
 5266  pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
 5267  made, after certification and before July 1, 2000.
 5268         7. All other proceeds must remain in the General Revenue
 5269  Fund.
 5270         Section 76. Subsection (4), paragraph (a) of subsection
 5271  (7), paragraphs (k) through (cc) of subsection (8), and
 5272  subsections (19), (20), and (21) of section 213.053, Florida
 5273  Statutes, as amended by chapter 2010-280, Laws of Florida, are
 5274  amended, to read:
 5275         213.053 Confidentiality and information sharing.—
 5276         (4) The department, while providing unemployment tax
 5277  collection services under contract with Jobs Florida the Agency
 5278  for Workforce Innovation through an interagency agreement
 5279  pursuant to s. 443.1316, may release unemployment tax rate
 5280  information to the agent of an employer, which agent provides
 5281  payroll services for more than 100 500 employers, pursuant to
 5282  the terms of a memorandum of understanding. The memorandum of
 5283  understanding must state that the agent affirms, subject to the
 5284  criminal penalties contained in ss. 443.171 and 443.1715, that
 5285  the agent will retain the confidentiality of the information,
 5286  that the agent has in effect a power of attorney from the
 5287  employer which permits the agent to obtain unemployment tax rate
 5288  information, and that the agent shall provide the department
 5289  with a copy of the employer’s power of attorney upon request.
 5290         (7)(a) Any information received by the Department of
 5291  Revenue in connection with the administration of taxes,
 5292  including, but not limited to, information contained in returns,
 5293  reports, accounts, or declarations filed by persons subject to
 5294  tax, shall be made available to the following in performance of
 5295  their official duties:
 5296         1. The Auditor General or his or her authorized agent;
 5297         2. The director of the Office of Program Policy Analysis
 5298  and Government Accountability or his or her authorized agent;
 5299         3. The Chief Financial Officer or his or her authorized
 5300  agent;
 5301         4. The Director of the Office of Insurance Regulation of
 5302  the Financial Services Commission or his or her authorized
 5303  agent;
 5304         5. A property appraiser or tax collector or their
 5305  authorized agents pursuant to s. 195.084(1); or
 5306         6. Designated employees of the Department of Education
 5307  solely for determination of each school district’s price level
 5308  index pursuant to s. 1011.62(2); and
 5309         7. The commissioner of Jobs Florida or his or her
 5310  authorized agent.
 5311         (8) Notwithstanding any other provision of this section,
 5312  the department may provide:
 5313         (k)1. Payment information relative to chapters 199, 201,
 5314  202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and
 5315  Economic Development, or its employees or agents that are
 5316  identified in writing by the office to the department, in the
 5317  administration of the tax refund program for qualified defense
 5318  contractors and space flight business contractors authorized by
 5319  s. 288.1045 and the tax refund program for qualified target
 5320  industry businesses authorized by s. 288.106.
 5321         2. Information relative to tax credits taken by a business
 5322  under s. 220.191 and exemptions or tax refunds received by a
 5323  business under s. 212.08(5)(j) to the Office of Tourism, Trade,
 5324  and Economic Development, or its employees or agents that are
 5325  identified in writing by to the department, in the
 5326  administration and evaluation of the capital investment tax
 5327  credit program authorized in s. 220.191 and the semiconductor,
 5328  defense, and space tax exemption program authorized in s.
 5329  212.08(5)(j).
 5330         3. Information relative to tax credits taken by a taxpayer
 5331  pursuant to the tax credit programs created in ss. 193.017;
 5332  212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
 5333  212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
 5334  220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
 5335  290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
 5336  550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
 5337  the Office of Tourism, Trade, and Economic Development, or its
 5338  employees or agents that are identified in writing by the office
 5339  to the department, for use in the administration or evaluation
 5340  of such programs.
 5341         (k)(l) Information relative to chapter 212 and the Bill of
 5342  Lading Program to the Office of Agriculture Law Enforcement of
 5343  the Department of Agriculture and Consumer Services in the
 5344  conduct of its official duties.
 5345         (l)(m) Information relative to chapter 198 to the Agency
 5346  for Health Care Administration in the conduct of its official
 5347  business relating to ss. 409.901-409.9101.
 5348         (m)(n) Information contained in returns, reports, accounts,
 5349  or declarations to the Board of Accountancy in connection with a
 5350  disciplinary proceeding conducted pursuant to chapter 473 when
 5351  related to a certified public accountant participating in the
 5352  certified audits project, or to the court in connection with a
 5353  civil proceeding brought by the department relating to a claim
 5354  for recovery of taxes due to negligence on the part of a
 5355  certified public accountant participating in the certified
 5356  audits project. In any judicial proceeding brought by the
 5357  department, upon motion for protective order, the court shall
 5358  limit disclosure of tax information when necessary to effectuate
 5359  the purposes of this section.
 5360         (n)(o) Information relative to ss. 376.70 and 376.75 to the
 5361  Department of Environmental Protection in the conduct of its
 5362  official business and to the facility owner, facility operator,
 5363  and real property owners as defined in s. 376.301.
 5364         (o)(p) Information relative to ss. 220.1845 and 376.30781
 5365  to the Department of Environmental Protection in the conduct of
 5366  its official business.
 5367         (p)(q) Names, addresses, and sales tax registration
 5368  information to the Division of Consumer Services of the
 5369  Department of Agriculture and Consumer Services in the conduct
 5370  of its official duties.
 5371         (q)(r) Information relative to the returns required by ss.
 5372  175.111 and 185.09 to the Department of Management Services in
 5373  the conduct of its official duties. The Department of Management
 5374  Services is, in turn, authorized to disclose payment information
 5375  to a governmental agency or the agency’s agent for purposes
 5376  related to budget preparation, auditing, revenue or financial
 5377  administration, or administration of chapters 175 and 185.
 5378         (r)(s) Names, addresses, and federal employer
 5379  identification numbers, or similar identifiers, to the
 5380  Department of Highway Safety and Motor Vehicles for use in the
 5381  conduct of its official duties.
 5382         (s)(t) Information relative to the tax exemptions under ss.
 5383  212.031, 212.06, and 212.08 for those persons qualified under s.
 5384  288.1258 to the Office of Film and Entertainment. The Department
 5385  of Revenue shall provide the Office of Film and Entertainment
 5386  with information in the aggregate.
 5387         (t)(u) Information relative to ss. 211.0251, 212.1831,
 5388  220.1875, 561.1211, 624.51055, and 1002.395 to the Department of
 5389  Education and the Division of Alcoholic Beverages and Tobacco in
 5390  the conduct of official business.
 5391         (u)(v) Information relative to chapter 202 to each local
 5392  government that imposes a tax pursuant to s. 202.19 in the
 5393  conduct of its official duties as specified in chapter 202.
 5394  Information provided under this paragraph may include, but is
 5395  not limited to, any reports required pursuant to s. 202.231,
 5396  audit files, notices of intent to audit, tax returns, and other
 5397  confidential tax information in the department’s possession
 5398  relating to chapter 202. A person or an entity designated by the
 5399  local government in writing to the department as requiring
 5400  access to confidential taxpayer information shall have
 5401  reasonable access to information provided pursuant to this
 5402  paragraph. Such person or entity may disclose such information
 5403  to other persons or entities with direct responsibility for
 5404  budget preparation, auditing, revenue or financial
 5405  administration, or legal counsel. Such information shall only be
 5406  used for purposes related to budget preparation, auditing, and
 5407  revenue and financial administration. Any confidential and
 5408  exempt information furnished to a local government, or to any
 5409  person or entity designated by the local government as
 5410  authorized by this paragraph may not be further disclosed by the
 5411  recipient except as provided by this paragraph.
 5412         (w) Tax registration information to the Agency for
 5413  Workforce Innovation for use in the conduct of its official
 5414  duties, which information may not be redisclosed by the Agency
 5415  for Workforce Innovation.
 5416         (v)(x) Rental car surcharge revenues authorized by s.
 5417  212.0606, reported according to the county to which the
 5418  surcharge was attributed to the Department of Transportation.
 5419         (w)(y) Information relative to ss. 212.08(7)(ccc) and
 5420  220.192 to the Florida Energy and Climate Commission for use in
 5421  the conduct of its official business.
 5422         (x)(z) Taxpayer names and identification numbers for the
 5423  purposes of information-sharing agreements with financial
 5424  institutions pursuant to s. 213.0532.
 5425         (y)(aa) Information relative to chapter 212 to the
 5426  Department of Environmental Protection in the conduct of its
 5427  official duties in the administration of s. 253.03(7)(b) and
 5428  (11).
 5429         (bb)Information relative to tax credits taken under s.
 5430  288.1254 to the Office of Film and Entertainment and the Office
 5431  of Tourism, Trade, and Economic Development.
 5432         (z)(cc) Information relative to ss. 253.03(8) and 253.0325
 5433  to the Department of Environmental Protection in the conduct of
 5434  its official business.
 5435  
 5436  Disclosure of information under this subsection shall be
 5437  pursuant to a written agreement between the executive director
 5438  and the agency. Such agencies, governmental or nongovernmental,
 5439  shall be bound by the same requirements of confidentiality as
 5440  the Department of Revenue. Breach of confidentiality is a
 5441  misdemeanor of the first degree, punishable as provided by s.
 5442  775.082 or s. 775.083.
 5443         (19)The department may disclose information relative to
 5444  tax credits taken by a taxpayer pursuant to s. 288.9916 to the
 5445  Office of Tourism, Trade, and Economic Development or its
 5446  employees or agents. Such employees must be identified in
 5447  writing by the office to the department. All information
 5448  disclosed under this subsection is subject to the same
 5449  requirements of confidentiality and the same penalties for
 5450  violation of the requirements as the department.
 5451         (19)(20)(a) The department may publish a list of taxpayers
 5452  against whom the department has filed a warrant, notice of lien,
 5453  or judgment lien certificate. The list may include the name and
 5454  address of each taxpayer; the amounts and types of delinquent
 5455  taxes, fees, or surcharges, penalties, or interest; and the
 5456  employer identification number or other taxpayer identification
 5457  number.
 5458         (b) The department shall update the list at least monthly
 5459  to reflect payments for resolution of deficiencies and to
 5460  otherwise add or remove taxpayers from the list.
 5461         (c) The department may adopt rules to administer this
 5462  subsection.
 5463         (20)(21) The department may disclose information relating
 5464  to taxpayers against whom the department has filed a warrant,
 5465  notice of lien, or judgment lien certificate. Such information
 5466  includes the name and address of the taxpayer, the actions
 5467  taken, the amounts and types of liabilities, and the amount of
 5468  any collections made.
 5469         Section 77. Paragraph (j) of subsection (4) of section
 5470  215.5586, Florida Statutes, is amended to read:
 5471         215.5586 My Safe Florida Home Program.—There is established
 5472  within the Department of Financial Services the My Safe Florida
 5473  Home Program. The department shall provide fiscal
 5474  accountability, contract management, and strategic leadership
 5475  for the program, consistent with this section. This section does
 5476  not create an entitlement for property owners or obligate the
 5477  state in any way to fund the inspection or retrofitting of
 5478  residential property in this state. Implementation of this
 5479  program is subject to annual legislative appropriations. It is
 5480  the intent of the Legislature that the My Safe Florida Home
 5481  Program provide trained and certified inspectors to perform
 5482  inspections for owners of site-built, single-family, residential
 5483  properties and grants to eligible applicants as funding allows.
 5484  The program shall develop and implement a comprehensive and
 5485  coordinated approach for hurricane damage mitigation that may
 5486  include the following:
 5487         (4) ADVISORY COUNCIL.—There is created an advisory council
 5488  to provide advice and assistance to the department regarding
 5489  administration of the program. The advisory council shall
 5490  consist of:
 5491         (j) The director of the Office Florida Division of
 5492  Emergency Management.
 5493  
 5494  Members appointed under paragraphs (a)-(d) shall serve at the
 5495  pleasure of the Financial Services Commission. Members appointed
 5496  under paragraphs (e) and (f) shall serve at the pleasure of the
 5497  appointing officer. All other members shall serve as voting ex
 5498  officio members. Members of the advisory council shall serve
 5499  without compensation but may receive reimbursement as provided
 5500  in s. 112.061 for per diem and travel expenses incurred in the
 5501  performance of their official duties.
 5502         Section 78. Paragraph (b) of subsection (8) of section
 5503  216.136, Florida Statutes, is amended to read:
 5504         216.136 Consensus estimating conferences; duties and
 5505  principals.—
 5506         (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
 5507         (b) The Department of Education Agency for Workforce
 5508  Innovation shall provide information on needs and waiting lists
 5509  for school readiness programs, and information on the needs for
 5510  the Voluntary Prekindergarten Education Program, as requested by
 5511  the Early Learning Programs Estimating Conference or individual
 5512  conference principals in a timely manner.
 5513         Section 79. Paragraph (a) of subsection (6) of section
 5514  216.292, Florida Statutes, is amended to read:
 5515         216.292 Appropriations nontransferable; exceptions.—
 5516         (6) The Chief Financial Officer shall transfer from any
 5517  available funds of an agency or the judicial branch the
 5518  following amounts and shall report all such transfers and the
 5519  reasons therefor to the legislative appropriations committees
 5520  and the Executive Office of the Governor:
 5521         (a) The amount due to the Unemployment Compensation Trust
 5522  Fund which is more than 90 days delinquent on reimbursements due
 5523  to the Unemployment Compensation Trust Fund. The amount
 5524  transferred shall be that certified by the state agency
 5525  providing unemployment tax collection services under contract
 5526  with Jobs Florida the Agency for Workforce Innovation through an
 5527  interagency agreement pursuant to s. 443.1316.
 5528         Section 80. Subsection (1) of section 216.231, Florida
 5529  Statutes, is amended to read:
 5530         216.231 Release of certain classified appropriations.—
 5531         (1)(a) Any appropriation to the Executive Office of the
 5532  Governor which is classified as an emergency,” as defined in s.
 5533  252.34(3), may be released only with the approval of the
 5534  Governor. The state agency, or the judicial branch, desiring the
 5535  use of the emergency appropriation shall submit to the Executive
 5536  Office of the Governor application therefor in writing setting
 5537  forth the facts from which the alleged need arises. The
 5538  Executive Office of the Governor shall, at a public hearing,
 5539  review such application promptly and approve or disapprove the
 5540  applications as the circumstances may warrant. All actions of
 5541  the Executive Office of the Governor shall be reported to the
 5542  legislative appropriations committees, and the committees may
 5543  advise the Executive Office of the Governor relative to the
 5544  release of such funds.
 5545         (b) The release of appropriated funds classified as
 5546  “emergency” shall be approved only if when an act or
 5547  circumstance caused by an act of God, civil disturbance, natural
 5548  disaster, or other circumstance of an emergency nature
 5549  threatens, endangers, or damages the property, safety, health,
 5550  or welfare of the state or its residents citizens, which
 5551  condition has not been provided for in appropriation acts of the
 5552  Legislature. Funds allocated for this purpose may be used to pay
 5553  overtime pay to personnel of agencies called upon to perform
 5554  extra duty because of any civil disturbance or other emergency
 5555  as defined in s. 252.34(3) and to provide the required state
 5556  match for federal grants under the federal Disaster Relief Act.
 5557         Section 81. Paragraph (a) of subsection (3) of section
 5558  218.64, Florida Statutes, is amended to read:
 5559         218.64 Local government half-cent sales tax; uses;
 5560  limitations.—
 5561         (3) Subject to ordinances enacted by the majority of the
 5562  members of the county governing authority and by the majority of
 5563  the members of the governing authorities of municipalities
 5564  representing at least 50 percent of the municipal population of
 5565  such county, counties may use up to $2 million annually of the
 5566  local government half-cent sales tax allocated to that county
 5567  for funding for any of the following applicants:
 5568         (a) A certified applicant as a facility for a new or
 5569  retained professional sports franchise under s. 288.1162 or a
 5570  certified applicant as defined in s. 288.11621 for a facility
 5571  for a spring training franchise. It is the Legislature’s intent
 5572  that the provisions of s. 288.1162, including, but not limited
 5573  to, the evaluation process by the Office of Tourism, Trade, and
 5574  Economic Development except for the limitation on the number of
 5575  certified applicants or facilities as provided in that section
 5576  and the restrictions set forth in s. 288.1162(8), shall apply to
 5577  an applicant’s facility to be funded by local government as
 5578  provided in this subsection.
 5579         Section 82. Paragraph (ff) of subsection (1) of section
 5580  220.03, Florida Statutes, is amended to read:
 5581         220.03 Definitions.—
 5582         (1) SPECIFIC TERMS.—When used in this code, and when not
 5583  otherwise distinctly expressed or manifestly incompatible with
 5584  the intent thereof, the following terms shall have the following
 5585  meanings:
 5586         (ff) “Job” means a full-time position, as consistent with
 5587  terms used by Jobs Florida the Agency for Workforce Innovation
 5588  and the United States Department of Labor for purposes of
 5589  unemployment compensation tax administration and employment
 5590  estimation resulting directly from business operations in this
 5591  state. The term may not include a temporary construction job
 5592  involved with the construction of facilities or any job that has
 5593  previously been included in any application for tax credits
 5594  under s. 212.096. The term also includes employment of an
 5595  employee leased from an employee leasing company licensed under
 5596  chapter 468 if the employee has been continuously leased to the
 5597  employer for an average of at least 36 hours per week for more
 5598  than 6 months.
 5599         Section 83. Paragraph (d) of subsection (1), paragraphs
 5600  (b), (c), and (d) of subsection (2), and subsections (3), and
 5601  (4) of section 220.183, Florida Statutes, are amended to read:
 5602         220.183 Community contribution tax credit.—
 5603         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
 5604  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
 5605  SPENDING.—
 5606         (d) All proposals for the granting of the tax credit shall
 5607  require the prior approval of Jobs Florida the Office of
 5608  Tourism, Trade, and Economic Development.
 5609         (2) ELIGIBILITY REQUIREMENTS.—
 5610         (b)1. All community contributions must be reserved
 5611  exclusively for use in projects as defined in s. 220.03(1)(t).
 5612         2. If, during the first 10 business days of the state
 5613  fiscal year, eligible tax credit applications for projects that
 5614  provide homeownership opportunities for low-income or very-low
 5615  income households as defined in s. 420.9071(19) and (28) are
 5616  received for less than the annual tax credits available for
 5617  those projects, Jobs Florida the Office of Tourism, Trade, and
 5618  Economic Development shall grant tax credits for those
 5619  applications and shall grant remaining tax credits on a first
 5620  come, first-served basis for any subsequent eligible
 5621  applications received before the end of the state fiscal year.
 5622  If, during the first 10 business days of the state fiscal year,
 5623  eligible tax credit applications for projects that provide
 5624  homeownership opportunities for low-income or very-low-income
 5625  households as defined in s. 420.9071(19) and (28) are received
 5626  for more than the annual tax credits available for those
 5627  projects, the office shall grant the tax credits for those
 5628  applications as follows:
 5629         a. If tax credit applications submitted for approved
 5630  projects of an eligible sponsor do not exceed $200,000 in total,
 5631  the credit shall be granted in full if the tax credit
 5632  applications are approved.
 5633         b. If tax credit applications submitted for approved
 5634  projects of an eligible sponsor exceed $200,000 in total, the
 5635  amount of tax credits granted under sub-subparagraph a. shall be
 5636  subtracted from the amount of available tax credits, and the
 5637  remaining credits shall be granted to each approved tax credit
 5638  application on a pro rata basis.
 5639         3. If, during the first 10 business days of the state
 5640  fiscal year, eligible tax credit applications for projects other
 5641  than those that provide homeownership opportunities for low
 5642  income or very-low-income households as defined in s.
 5643  420.9071(19) and (28) are received for less than the annual tax
 5644  credits available for those projects, the office shall grant tax
 5645  credits for those applications and shall grant remaining tax
 5646  credits on a first-come, first-served basis for any subsequent
 5647  eligible applications received before the end of the state
 5648  fiscal year. If, during the first 10 business days of the state
 5649  fiscal year, eligible tax credit applications for projects other
 5650  than those that provide homeownership opportunities for low
 5651  income or very-low-income households as defined in s.
 5652  420.9071(19) and (28) are received for more than the annual tax
 5653  credits available for those projects, the office shall grant the
 5654  tax credits for those applications on a pro rata basis.
 5655         (c) The project must be undertaken by an “eligible
 5656  sponsor,” defined here as:
 5657         1. A community action program;
 5658         2. A nonprofit community-based development organization
 5659  whose mission is the provision of housing for low-income or
 5660  very-low-income households or increasing entrepreneurial and
 5661  job-development opportunities for low-income persons;
 5662         3. A neighborhood housing services corporation;
 5663         4. A local housing authority, created pursuant to chapter
 5664  421;
 5665         5. A community redevelopment agency, created pursuant to s.
 5666  163.356;
 5667         6. The Florida Industrial Development Corporation;
 5668         7. An historic preservation district agency or
 5669  organization;
 5670         8. A regional workforce board;
 5671         9. A direct-support organization as provided in s.
 5672  1009.983;
 5673         10. An enterprise zone development agency created pursuant
 5674  to s. 290.0056;
 5675         11. A community-based organization incorporated under
 5676  chapter 617 which is recognized as educational, charitable, or
 5677  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 5678  and whose bylaws and articles of incorporation include
 5679  affordable housing, economic development, or community
 5680  development as the primary mission of the corporation;
 5681         12. Units of local government;
 5682         13. Units of state government; or
 5683         14. Such other agency as Jobs Florida the Office of
 5684  Tourism, Trade, and Economic Development may, from time to time,
 5685  designate by rule.
 5686  
 5687  In no event shall a contributing business firm have a financial
 5688  interest in the eligible sponsor.
 5689         (d) The project shall be located in an area designated as
 5690  an enterprise zone or a Front Porch Florida Community pursuant
 5691  to s. 20.18(6). Any project designed to construct or
 5692  rehabilitate housing for low-income or very-low-income
 5693  households as defined in s. 420.9071(19) and (28) is exempt from
 5694  the area requirement of this paragraph. This section does not
 5695  preclude projects that propose to construct or rehabilitate
 5696  housing for low-income or very-low-income households on
 5697  scattered sites. Any project designed to provide increased
 5698  access to high-speed broadband capabilities which includes
 5699  coverage of a rural enterprise zone may locate the project’s
 5700  infrastructure in any area of a rural county.
 5701         (3) APPLICATION REQUIREMENTS.—
 5702         (a) Any eligible sponsor wishing to participate in this
 5703  program must submit a proposal to Jobs Florida the Office of
 5704  Tourism, Trade, and Economic Development which sets forth the
 5705  sponsor, the project, the area in which the project is located,
 5706  and such supporting information as may be prescribed by rule.
 5707  The proposal shall also contain a resolution from the local
 5708  governmental unit in which it is located certifying that the
 5709  project is consistent with local plans and regulations.
 5710         (b) Any business wishing to participate in this program
 5711  must submit an application for tax credit to Jobs Florida the
 5712  Office of Tourism, Trade, and Economic Development, which
 5713  application sets forth the sponsor; the project; and the type,
 5714  value, and purpose of the contribution. The sponsor shall verify
 5715  the terms of the application and indicate its receipt of the
 5716  contribution, which verification must be in writing and
 5717  accompany the application for tax credit.
 5718         (c) The business firm must submit a separate application
 5719  for tax credit for each individual contribution that it makes to
 5720  each individual project.
 5721         (4) ADMINISTRATION.—
 5722         (a) Jobs Florida The Office of Tourism, Trade, and Economic
 5723  Development has authority to adopt rules pursuant to ss.
 5724  120.536(1) and 120.54 to implement the provisions of this
 5725  section, including rules for the approval or disapproval of
 5726  proposals by business firms.
 5727         (b) The decision of Jobs Florida the Office of Tourism,
 5728  Trade, and Economic Development shall be in writing, and, if
 5729  approved, the notification must state the maximum credit
 5730  allowable to the business firm. A copy of the decision shall be
 5731  transmitted to the executive director of the Department of
 5732  Revenue, who shall apply such credit to the tax liability of the
 5733  business firm.
 5734         (c) Jobs Florida The Office of Tourism, Trade, and Economic
 5735  Development shall periodically monitor all projects in a manner
 5736  consistent with available resources to ensure that resources are
 5737  utilized in accordance with this section; however, each project
 5738  shall be reviewed no less often than once every 2 years.
 5739         (d) The Department of Revenue has authority to adopt rules
 5740  pursuant to ss. 120.536(1) and 120.54 to implement the
 5741  provisions of this section.
 5742         (e) Jobs Florida The Office of Tourism, Trade, and Economic
 5743  Development shall, in consultation with the Department of
 5744  Community Affairs, the Florida Housing Finance Corporation, and
 5745  the statewide and regional housing and financial intermediaries,
 5746  market the availability of the community contribution tax credit
 5747  program to community-based organizations.
 5748         Section 84. Paragraphs (e), (f), (g), and (h) of subsection
 5749  (1) and subsections (5) and (6) of section 220.191, Florida
 5750  Statutes, are amended to read:
 5751         220.191 Capital investment tax credit.—
 5752         (1) DEFINITIONS.—For purposes of this section:
 5753         (e) “Jobs” means full-time equivalent positions, as that
 5754  term is consistent with terms used by Jobs Florida the Agency
 5755  for Workforce Innovation and the United States Department of
 5756  Labor for purposes of unemployment tax administration and
 5757  employment estimation, resulting directly from a project in this
 5758  state. The term does not include temporary construction jobs
 5759  involved in the construction of the project facility.
 5760         (f) “Office” means the Office of Tourism, Trade, and
 5761  Economic Development.
 5762         (f)(g) “Qualifying business” means a business which
 5763  establishes a qualifying project in this state and which is
 5764  certified by Jobs Florida the office to receive tax credits
 5765  pursuant to this section.
 5766         (g)(h) “Qualifying project” means:
 5767         1. A new or expanding facility in this state which creates
 5768  at least 100 new jobs in this state and is in one of the high
 5769  impact sectors identified by the Jobs Florida Partnership
 5770  Enterprise Florida, Inc., and certified by Jobs Florida the
 5771  office pursuant to s. 288.108(6), including, but not limited to,
 5772  aviation, aerospace, automotive, and silicon technology
 5773  industries;
 5774         2. A new or expanded facility in this state which is
 5775  engaged in a target industry designated pursuant to the
 5776  procedure specified in s. 288.106(2) s. 288.106(2)(t) and which
 5777  is induced by this credit to create or retain at least 1,000
 5778  jobs in this state, provided that at least 100 of those jobs are
 5779  new, pay an annual average wage of at least 130 percent of the
 5780  average private sector wage in the area as defined in s.
 5781  288.106(2), and make a cumulative capital investment of at least
 5782  $100 million after July 1, 2005. Jobs may be considered retained
 5783  only if there is significant evidence that the loss of jobs is
 5784  imminent. Notwithstanding subsection (2), annual credits against
 5785  the tax imposed by this chapter shall not exceed 50 percent of
 5786  the increased annual corporate income tax liability or the
 5787  premium tax liability generated by or arising out of a project
 5788  qualifying under this subparagraph. A facility that qualifies
 5789  under this subparagraph for an annual credit against the tax
 5790  imposed by this chapter may take the tax credit for a period not
 5791  to exceed 5 years; or
 5792         3. A new or expanded headquarters facility in this state
 5793  which locates in an enterprise zone and brownfield area and is
 5794  induced by this credit to create at least 1,500 jobs which on
 5795  average pay at least 200 percent of the statewide average annual
 5796  private sector wage, as published by Jobs Florida the Agency for
 5797  Workforce Innovation or its successor, and which new or expanded
 5798  headquarters facility makes a cumulative capital investment in
 5799  this state of at least $250 million.
 5800         (5) Applications shall be reviewed and certified pursuant
 5801  to s. 288.061. Jobs Florida The office, upon a recommendation by
 5802  the Jobs Florida Partnership Enterprise Florida, Inc., shall
 5803  first certify a business as eligible to receive tax credits
 5804  pursuant to this section prior to the commencement of operations
 5805  of a qualifying project, and such certification shall be
 5806  transmitted to the Department of Revenue. Upon receipt of the
 5807  certification, the Department of Revenue shall enter into a
 5808  written agreement with the qualifying business specifying, at a
 5809  minimum, the method by which income generated by or arising out
 5810  of the qualifying project will be determined.
 5811         (6) Jobs Florida The office, in consultation with the Jobs
 5812  Florida Partnership Enterprise Florida, Inc., is authorized to
 5813  develop the necessary guidelines and application materials for
 5814  the certification process described in subsection (5).
 5815         Section 85. Subsection (2) of section 222.15, Florida
 5816  Statutes, is amended to read:
 5817         222.15 Wages or unemployment compensation payments due
 5818  deceased employee may be paid spouse or certain relatives.—
 5819         (2) It is also lawful for Jobs Florida the Agency for
 5820  Workforce Innovation, in case of death of any unemployed
 5821  individual, to pay to those persons referred to in subsection
 5822  (1) any unemployment compensation payments that may be due to
 5823  the individual at the time of his or her death.
 5824         Section 86. Subsections (3) and (4) of section 250.06,
 5825  Florida Statutes, are amended to read:
 5826         250.06 Commander in chief.—
 5827         (3) The Governor may, in order to preserve the public
 5828  peace, execute the laws of the state, suppress insurrection,
 5829  repel invasion, respond to an emergency as defined in s.
 5830  252.34(3) or imminent danger thereof, or, in case of the calling
 5831  of all or any portion of the militia of this state Florida into
 5832  the services of the United States, may increase the Florida
 5833  National Guard and organize it in accordance with rules and
 5834  regulations governing the Armed Forces of the United States.
 5835  Such organization and increase may be pursuant to or in advance
 5836  of any call made by the President of the United States. If the
 5837  Florida National Guard is activated into service of the United
 5838  States, another organization may not be designated as the
 5839  Florida National Guard.
 5840         (4) The Governor may, in order to preserve the public
 5841  peace, execute the laws of the state, enhance domestic security,
 5842  respond to terrorist threats or attacks, respond to an emergency
 5843  as defined in s. 252.34(3) or imminent danger thereof, or
 5844  respond to any need for emergency aid to civil authorities as
 5845  specified in s. 250.28, order into state active duty all or any
 5846  part of the militia which he or she deems proper.
 5847         Section 87. Paragraphs (a) and (b) of subsection (1) of
 5848  section 252.32, Florida Statutes, are amended to read:
 5849         252.32 Policy and purpose.—
 5850         (1) Because of the existing and continuing possibility of
 5851  the occurrence of emergencies and disasters resulting from
 5852  natural, technological, or manmade causes; in order to ensure
 5853  that preparations of this state will be adequate to deal with,
 5854  reduce vulnerability to, and recover from such emergencies and
 5855  disasters; to provide for the common defense and to protect the
 5856  public peace, health, and safety; and to preserve the lives and
 5857  property of the people of the state, it is hereby found and
 5858  declared to be necessary:
 5859         (a) To create a state emergency management agency to be
 5860  known as the “Office Division of Emergency Management,” to
 5861  authorize the creation of local organizations for emergency
 5862  management in the political subdivisions of the state, and to
 5863  authorize cooperation with the Federal Government and the
 5864  governments of other states.
 5865         (b) To confer upon the Governor, the Office Division of
 5866  Emergency Management, and the governing body of each political
 5867  subdivision of the state the emergency powers provided herein.
 5868         Section 88. Section 252.34, Florida Statutes, is amended to
 5869  read:
 5870         252.34 Definitions.—As used in this part ss. 252.31-252.60,
 5871  the term:
 5872         (1) “Disaster” means any natural, technological, or civil
 5873  emergency that causes damage of sufficient severity and
 5874  magnitude to result in a declaration of a state of emergency by
 5875  a county, the Governor, or the President of the United States.
 5876  Disasters are shall be identified by the severity of resulting
 5877  damage, as follows:
 5878         (a) “Catastrophic disaster” means a disaster that will
 5879  require massive state and federal assistance, including
 5880  immediate military involvement.
 5881         (b) “Major disaster” means a disaster that will likely
 5882  exceed local capabilities and require a broad range of state and
 5883  federal assistance.
 5884         (c) “Minor disaster” means a disaster that is likely to be
 5885  within the response capabilities of local government and to
 5886  result in only a minimal need for state or federal assistance.
 5887         (2) “Division” means the Division of Emergency Management
 5888  of the Department of Community Affairs, or the successor to that
 5889  division.
 5890         (2)(3) “Emergency” means any occurrence, or threat thereof,
 5891  whether natural, technological, or manmade, in war or in peace,
 5892  which results or may result in substantial injury or harm to the
 5893  population or substantial damage to or loss of property.
 5894         (3)(4) “Emergency management” means the preparation for,
 5895  the mitigation of, the response to, and the recovery from
 5896  emergencies and disasters. Specific emergency management
 5897  responsibilities include, but are not limited to:
 5898         (a) Reduction of vulnerability of people and communities of
 5899  this state to damage, injury, and loss of life and property
 5900  resulting from natural, technological, or manmade emergencies or
 5901  hostile military or paramilitary action.
 5902         (b) Preparation for prompt and efficient response and
 5903  recovery to protect lives and property affected by emergencies.
 5904         (c) Response to emergencies using all systems, plans, and
 5905  resources necessary to preserve adequately the health, safety,
 5906  and welfare of persons or property affected by the emergency.
 5907         (d) Recovery from emergencies by providing for the rapid
 5908  and orderly start of restoration and rehabilitation of persons
 5909  and property affected by emergencies.
 5910         (e) Provision of an emergency management system embodying
 5911  all aspects of preemergency preparedness and postemergency
 5912  response, recovery, and mitigation.
 5913         (f) Assistance in anticipation, recognition, appraisal,
 5914  prevention, and mitigation of emergencies which may be caused or
 5915  aggravated by inadequate planning for, and regulation of, public
 5916  and private facilities and land use.
 5917         (4)(5) “Local emergency management agency” means an
 5918  organization created in accordance with the provisions of ss.
 5919  252.31-252.90 to discharge the emergency management
 5920  responsibilities and functions of a political subdivision.
 5921         (5)(6) “Manmade emergency” means an emergency caused by an
 5922  action against persons or society, including, but not limited
 5923  to, enemy attack, sabotage, terrorism, civil unrest, or other
 5924  action impairing the orderly administration of government.
 5925         (6)(7) “Natural emergency” means an emergency caused by a
 5926  natural event, including, but not limited to, a hurricane, a
 5927  storm, a flood, severe wave action, a drought, or an earthquake.
 5928         (7) “Office” means the Office of Emergency Management
 5929  within the Executive Office of the Governor, or the successor to
 5930  that office.
 5931         (8) “Political subdivision” means any county or
 5932  municipality created pursuant to law.
 5933         (9) “Technological emergency” means an emergency caused by
 5934  a technological failure or accident, including, but not limited
 5935  to, an explosion, transportation accident, radiological
 5936  accident, or chemical or other hazardous material incident.
 5937         Section 89. Section 252.35, Florida Statutes, is amended to
 5938  read:
 5939         252.35 Emergency management powers; Division of Emergency
 5940  Management.—
 5941         (1) The office division is responsible for maintaining a
 5942  comprehensive statewide program of emergency management and for
 5943  coordinating the. The division is responsible for coordination
 5944  with efforts of the Federal Government with other departments
 5945  and agencies of state government, with county and municipal
 5946  governments and school boards, and with private agencies that
 5947  have a role in emergency management.
 5948         (2) The office division is responsible for carrying out the
 5949  provisions of ss. 252.31-252.90. In performing its duties under
 5950  ss. 252.31-252.90, the office division shall:
 5951         (a) Prepare a state comprehensive emergency management
 5952  plan, which shall be integrated into and coordinated with the
 5953  emergency management plans and programs of the Federal
 5954  Government. The office division must adopt the plan as a rule in
 5955  accordance with chapter 120. The plan shall be implemented by a
 5956  continuous, integrated comprehensive emergency management
 5957  program. The plan must contain provisions to ensure that the
 5958  state is prepared for emergencies and minor, major, and
 5959  catastrophic disasters, and the office division shall work
 5960  closely with local governments and agencies and organizations
 5961  with emergency management responsibilities in preparing and
 5962  maintaining the plan. The state comprehensive emergency
 5963  management plan must shall be operations oriented and:
 5964         1. Include an evacuation component that includes specific
 5965  regional and interregional planning provisions and promotes
 5966  intergovernmental coordination of evacuation activities. This
 5967  component must, at a minimum: contain guidelines for lifting
 5968  tolls on state highways; ensure coordination pertaining to
 5969  evacuees crossing county lines; set forth procedures for
 5970  directing people caught on evacuation routes to safe shelter;
 5971  establish strategies for ensuring sufficient, reasonably priced
 5972  fueling locations along evacuation routes; and establish
 5973  policies and strategies for emergency medical evacuations.
 5974         2. Include a shelter component that includes specific
 5975  regional and interregional planning provisions and promotes
 5976  coordination of shelter activities between the public, private,
 5977  and nonprofit sectors. This component must, at a minimum:
 5978  contain strategies to ensure the availability of adequate public
 5979  shelter space in each region of the state; establish strategies
 5980  for refuge-of-last-resort programs; provide strategies to assist
 5981  local emergency management efforts to ensure that adequate
 5982  staffing plans exist for all shelters, including medical and
 5983  security personnel; provide for a postdisaster communications
 5984  system for public shelters; establish model shelter guidelines
 5985  for operations, registration, inventory, power generation
 5986  capability, information management, and staffing; and set forth
 5987  policy guidance for sheltering people with special needs.
 5988         3. Include a postdisaster response and recovery component
 5989  that includes specific regional and interregional planning
 5990  provisions and promotes intergovernmental coordination of
 5991  postdisaster response and recovery activities. This component
 5992  must provide for postdisaster response and recovery strategies
 5993  according to whether a disaster is minor, major, or
 5994  catastrophic. The postdisaster response and recovery component
 5995  must, at a minimum: establish the structure of the state’s
 5996  postdisaster response and recovery organization; establish
 5997  procedures for activating the state’s plan; set forth policies
 5998  used to guide postdisaster response and recovery activities;
 5999  describe the chain of command during the postdisaster response
 6000  and recovery period; describe initial and continuous
 6001  postdisaster response and recovery actions; identify the roles
 6002  and responsibilities of each involved agency and organization;
 6003  provide for a comprehensive communications plan; establish
 6004  procedures for monitoring mutual aid agreements; provide for
 6005  rapid impact assessment teams; ensure the availability of an
 6006  effective statewide urban search and rescue program coordinated
 6007  with the fire services; ensure the existence of a comprehensive
 6008  statewide medical care and relief plan administered by the
 6009  Department of Health; and establish systems for coordinating
 6010  volunteers and accepting and distributing donated funds and
 6011  goods.
 6012         4. Include additional provisions addressing aspects of
 6013  preparedness, response, recovery, and mitigation as determined
 6014  necessary by the office division.
 6015         5. Address the need for coordinated and expeditious
 6016  deployment of state resources, including the Florida National
 6017  Guard. In the case of an imminent major disaster, procedures
 6018  should address predeployment of the Florida National Guard, and,
 6019  in the case of an imminent catastrophic disaster, procedures
 6020  should address predeployment of the Florida National Guard and
 6021  the United States Armed Forces.
 6022         6. Establish a system of communications and warning to
 6023  ensure that the state’s population and emergency management
 6024  agencies are warned of developing emergency situations and can
 6025  communicate emergency response decisions.
 6026         7. Establish guidelines and schedules for annual exercises
 6027  that evaluate the ability of the state and its political
 6028  subdivisions to respond to minor, major, and catastrophic
 6029  disasters and support local emergency management agencies. Such
 6030  exercises must shall be coordinated with local governments and,
 6031  to the extent possible, the Federal Government.
 6032         8. Assign lead and support responsibilities to state
 6033  agencies and personnel for emergency support functions and other
 6034  support activities.
 6035  
 6036  The complete state comprehensive emergency management plan must
 6037  shall be submitted to the President of the Senate, the Speaker
 6038  of the House of Representatives, and the Governor on February 1
 6039  of every even-numbered year.
 6040         (b) Adopt standards and requirements for county emergency
 6041  management plans. The standards and requirements must ensure
 6042  that county plans are coordinated and consistent with the state
 6043  comprehensive emergency management plan. If a municipality
 6044  elects to establish an emergency management program, it must
 6045  adopt a city emergency management plan that complies with all
 6046  standards and requirements applicable to county emergency
 6047  management plans.
 6048         (c) Assist political subdivisions in preparing and
 6049  maintaining emergency management plans.
 6050         (d) Review periodically political subdivision emergency
 6051  management plans for consistency with the state comprehensive
 6052  emergency management plan and standards and requirements adopted
 6053  under this section.
 6054         (e) Cooperate with the President, the heads of the Armed
 6055  Forces, the various federal emergency management agencies, and
 6056  the officers and agencies of other states in matters pertaining
 6057  to emergency management in the state and the nation and
 6058  incidents thereof and, in connection therewith, take any
 6059  measures that it deems proper to carry into effect any request
 6060  of the President and the appropriate federal officers and
 6061  agencies for any emergency management action, including the
 6062  direction or control of:
 6063         1. Emergency management drills, tests, or exercises of
 6064  whatever nature.
 6065         2. Warnings and signals for tests and drills, attacks, or
 6066  other imminent emergencies or threats thereof and the mechanical
 6067  devices to be used in connection with such warnings and signals.
 6068         (f) Make recommendations to the Legislature, building code
 6069  organizations, and political subdivisions for zoning, building,
 6070  and other land use controls; safety measures for securing mobile
 6071  homes or other nonpermanent or semipermanent structures; and
 6072  other preparedness, prevention, and mitigation measures designed
 6073  to eliminate emergencies or reduce their impact.
 6074         (g) In accordance with the state comprehensive emergency
 6075  management plan and program for emergency management, ascertain
 6076  the requirements of the state and its political subdivisions for
 6077  equipment and supplies of all kinds in the event of an
 6078  emergency; plan for and either procure supplies, medicines,
 6079  materials, and equipment or enter into memoranda of agreement or
 6080  open purchase orders that will ensure their availability; and
 6081  use and employ from time to time any of the property, services,
 6082  and resources within the state in accordance with ss. 252.31
 6083  252.90.
 6084         (h) Anticipate trends and promote innovations that will
 6085  enhance the emergency management system.
 6086         (i) Institute statewide public awareness programs. This
 6087  shall include an intensive public educational campaign on
 6088  emergency preparedness issues, including, but not limited to,
 6089  the personal responsibility of individual citizens to be self
 6090  sufficient for up to 72 hours following a natural or manmade
 6091  disaster. The public educational campaign must shall include
 6092  relevant information on statewide disaster plans, evacuation
 6093  routes, fuel suppliers, and shelters. All educational materials
 6094  must be available in alternative formats and mediums to ensure
 6095  that they are available to persons with disabilities.
 6096         (j) In cooperation with The Division of Emergency
 6097  Management and the Department of Education, shall coordinate
 6098  with the Agency for Persons with Disabilities to provide an
 6099  educational outreach program on disaster preparedness and
 6100  readiness to individuals who have limited English skills and
 6101  identify persons who are in need of assistance but are not
 6102  defined under special-needs criteria.
 6103         (k) Prepare and distribute to appropriate state and local
 6104  officials catalogs of federal, state, and private assistance
 6105  programs.
 6106         (l) Coordinate federal, state, and local emergency
 6107  management activities and take all other steps, including the
 6108  partial or full mobilization of emergency management forces and
 6109  organizations in advance of an actual emergency, to ensure the
 6110  availability of adequately trained and equipped forces of
 6111  emergency management personnel before, during, and after
 6112  emergencies and disasters.
 6113         (m) Establish a schedule of fees that may be charged by
 6114  local emergency management agencies for review of emergency
 6115  management plans on behalf of external agencies and
 6116  institutions. In establishing such schedule, the office division
 6117  shall consider facility size, review complexity, and other
 6118  factors.
 6119         (n) Implement training programs to improve the ability of
 6120  state and local emergency management personnel to prepare and
 6121  implement emergency management plans and programs. This includes
 6122  shall include a continuous training program for agencies and
 6123  individuals that will be called on to perform key roles in state
 6124  and local postdisaster response and recovery efforts and for
 6125  local government personnel on federal and state postdisaster
 6126  response and recovery strategies and procedures.
 6127         (o) Review Periodically review emergency operating
 6128  procedures of state agencies and recommend revisions as needed
 6129  to ensure consistency with the state comprehensive emergency
 6130  management plan and program.
 6131         (p) Make such surveys of industries, resources, and
 6132  facilities within the state, both public and private, as are
 6133  necessary to carry out the purposes of ss. 252.31-252.90.
 6134         (q) Prepare, in advance if whenever possible, such
 6135  executive orders, proclamations, and rules for issuance by the
 6136  Governor as are necessary or appropriate for coping with
 6137  emergencies and disasters.
 6138         (r) Cooperate with the Federal Government and any public or
 6139  private agency or entity in achieving any purpose of ss. 252.31
 6140  252.90 and in implementing programs for mitigation, preparation,
 6141  response, and recovery.
 6142         (s) By January 1, 2007, the Division of Emergency
 6143  Management shall Complete an inventory of portable generators
 6144  owned by the state and local governments which are capable of
 6145  operating during a major disaster. The inventory must identify,
 6146  at a minimum, the location of each generator, the number of
 6147  generators stored at each specific location, the agency to which
 6148  each generator belongs, the primary use of the generator by the
 6149  owner agency, and the names, addresses, and telephone numbers of
 6150  persons having the authority to loan the stored generators as
 6151  authorized by the office Division of Emergency Management during
 6152  a declared emergency.
 6153         (t) The division shall Maintain an inventory list of
 6154  generators owned by the state and local governments. In
 6155  addition, the office division may keep a list of private
 6156  entities, along with appropriate contact information, which
 6157  offer generators for sale or lease. The list of private entities
 6158  shall be available to the public for inspection in written and
 6159  electronic formats.
 6160         (u) Assist political subdivisions with the creation and
 6161  training of urban search and rescue teams and promote the
 6162  development and maintenance of a state urban search and rescue
 6163  program.
 6164         (v) Delegate, as necessary and appropriate, authority
 6165  vested in it under ss. 252.31-252.90 and provide for the
 6166  subdelegation of such authority.
 6167         (w) Report biennially to the President of the Senate, the
 6168  Speaker of the House of Representatives, and the Governor, no
 6169  later than February 1 of every odd-numbered year, the status of
 6170  the emergency management capabilities of the state and its
 6171  political subdivisions.
 6172         (x) In accordance with chapter 120, create, implement,
 6173  administer, adopt, amend, and rescind rules, programs, and plans
 6174  needed to carry out the provisions of ss. 252.31-252.90 with due
 6175  consideration for, and in cooperating with, the plans and
 6176  programs of the Federal Government. In addition, the office
 6177  division may adopt rules in accordance with chapter 120 to
 6178  administer and distribute federal financial predisaster and
 6179  postdisaster assistance for prevention, mitigation,
 6180  preparedness, response, and recovery.
 6181         (y) Do other things necessary, incidental, or appropriate
 6182  for the implementation of ss. 252.31-252.90.
 6183         Section 90. Subsection (2) of section 252.355, Florida
 6184  Statutes, is amended to read:
 6185         252.355 Registry of persons with special needs; notice.—
 6186         (2) The office Department of Community Affairs shall be the
 6187  designated lead agency responsible for community education and
 6188  outreach to the public, including special needs clients,
 6189  regarding registration and special needs shelters and general
 6190  information regarding shelter stays.
 6191         Section 91. Section 252.3568, Florida Statutes, is amended
 6192  to read:
 6193         252.3568 Emergency sheltering of persons with pets.—In
 6194  accordance with s. 252.35, the office division shall address
 6195  strategies for the evacuation of persons with pets in the
 6196  shelter component of the state comprehensive emergency
 6197  management plan and shall include the requirement for similar
 6198  strategies in its standards and requirements for local
 6199  comprehensive emergency management plans. The Department of
 6200  Agriculture and Consumer Services shall assist the office
 6201  division in determining strategies regarding this activity.
 6202         Section 92. Subsections (8) and (9) of section 252.36,
 6203  Florida Statutes, are amended to read:
 6204         252.36 Emergency management powers of the Governor.—
 6205         (8) The Governor shall delegate emergency responsibilities
 6206  to the officers and agencies of the state and of the political
 6207  subdivisions thereof prior to an emergency or threat of an
 6208  emergency and shall utilize the services and facilities of
 6209  existing officers and agencies of the state and of the political
 6210  subdivisions thereof, including their personnel and other
 6211  resources, as the primary emergency management forces of the
 6212  state, and all such officers and agencies shall cooperate with
 6213  and extend their services and facilities to the office division,
 6214  as it may require.
 6215         (9) The Governor and the office division shall establish
 6216  agencies and offices and appoint executive, professional,
 6217  technical, clerical, and other personnel as may be necessary to
 6218  carry out the provisions of ss. 252.31-252.90.
 6219         Section 93. Subsections (2), (3), and (4) of section
 6220  252.365, Florida Statutes, are amended to read:
 6221         252.365 Emergency coordination officers; disaster
 6222  preparedness plans.—
 6223         (2) The emergency coordination officer is responsible for
 6224  coordinating with the office division on emergency preparedness
 6225  issues, preparing and maintaining emergency preparedness and
 6226  postdisaster response and recovery plans for such agency,
 6227  maintaining rosters of personnel to assist in disaster
 6228  operations, and coordinating appropriate training for agency
 6229  personnel.
 6230         (3) These individuals shall be responsible for ensuring
 6231  that each state agency and facility, such as a prison, office
 6232  building, or university, has a disaster preparedness plan that
 6233  is coordinated with the applicable local emergency-management
 6234  agency and approved by the office division.
 6235         (a) The disaster-preparedness plan must outline a
 6236  comprehensive and effective program to ensure continuity of
 6237  essential state functions under all circumstances. The plan must
 6238  identify a baseline of preparedness for a full range of
 6239  potential emergencies to establish a viable capability to
 6240  perform essential functions during any emergency or other
 6241  situation that disrupts normal operations.
 6242         (b) The plan must include, at a minimum, the following
 6243  elements: identification of essential functions, programs, and
 6244  personnel; procedures to implement the plan and personnel
 6245  notification and accountability; delegations of authority and
 6246  lines of succession; identification of alternative facilities
 6247  and related infrastructure, including those for communications;
 6248  identification and protection of vital records and databases;
 6249  and schedules and procedures for periodic tests, training, and
 6250  exercises.
 6251         (c) The office division shall develop and distribute
 6252  guidelines for developing and implementing the plan. Each agency
 6253  is encouraged to initiate and complete development of its plan
 6254  immediately, but no later than July 1, 2003.
 6255         (4) The head of each agency shall notify the Governor and
 6256  the office division in writing of the person initially
 6257  designated as the emergency coordination officer for such agency
 6258  and her or his alternate and of any changes in persons so
 6259  designated thereafter.
 6260         Section 94. Subsection (4) of section 252.37, Florida
 6261  Statutes, is amended to read:
 6262         252.37 Financing.—
 6263         (4)(a) Whenever the Federal Government or any agency or
 6264  officer thereof offers to the state or, through the state, to
 6265  any political subdivision thereof services, equipment, supplies,
 6266  materials, or funds by way of gift, grant, or loan for the
 6267  purposes of emergency management, the state, acting through the
 6268  office division, or such political subdivision, acting with the
 6269  consent of the Governor or the Governor’s authorized
 6270  representative, may accept such offer. Upon such acceptance, the
 6271  office division or the presiding officer or governing body of
 6272  such political subdivision may authorize receipt of the gift,
 6273  grant, or loan on behalf of the state or such political
 6274  subdivision, subject to the terms of the offer and the rules and
 6275  regulations of the agency making the offer.
 6276         (b) Whenever any person, firm, or corporation offers to the
 6277  state or to any political subdivision thereof services,
 6278  equipment, supplies, materials, or funds by way of gift, grant,
 6279  loan, or other agreement for the purpose of emergency
 6280  management, the state, acting through the office division, or
 6281  such political subdivision, acting through its governing body or
 6282  a local emergency management agency, may accept such offer. Upon
 6283  such acceptance, the office division or the presiding officer or
 6284  governing body of the political subdivision may authorize
 6285  receipt of the gift, grant, or loan on behalf of the state or
 6286  such political subdivision, subject to the terms of the offer.
 6287         Section 95. Section 252.371, Florida Statutes, is amended
 6288  to read:
 6289         252.371 Emergency Management, Preparedness, and Assistance
 6290  Trust Fund.—There is created the Emergency Management,
 6291  Preparedness, and Assistance Trust Fund to be administered by
 6292  the office Department of Community Affairs.
 6293         Section 96. Subsections (1) and (3) of section 252.373,
 6294  Florida Statutes, are amended to read:
 6295         252.373 Allocation of funds; rules.—
 6296         (1) Funds appropriated from the Emergency Management,
 6297  Preparedness, and Assistance Trust Fund shall be allocated by
 6298  the office Department of Community Affairs for the following
 6299  purposes:
 6300         (a) To implement and administer state and local emergency
 6301  management programs, including administration, training, and
 6302  operations.
 6303         (b) For grants and loans to state or regional agencies,
 6304  local governments, and private organizations to implement
 6305  projects that will further state and local emergency management
 6306  objectives. These projects must include, but need not be limited
 6307  to, projects that will promote public education on disaster
 6308  preparedness and recovery issues, enhance coordination of relief
 6309  efforts of statewide private sector organizations, and improve
 6310  the training and operations capabilities of agencies assigned
 6311  lead or support responsibilities in the state comprehensive
 6312  emergency management plan, including the State Fire Marshal’s
 6313  Office for coordinating the Florida fire services. The office
 6314  division shall establish criteria and procedures for competitive
 6315  allocation of these funds by rule. No more than 5 percent of any
 6316  award made pursuant to this subparagraph may be used for
 6317  administrative expenses. This competitive criteria must give
 6318  priority consideration to hurricane evacuation shelter retrofit
 6319  projects.
 6320         (c) To meet any matching requirements imposed as a
 6321  condition of receiving federal disaster relief assistance.
 6322         (3) If adequate funds are available as determined by the
 6323  office division, every county shall receive funds at least
 6324  sufficient to fund a dedicated, full-time emergency preparedness
 6325  officer position.
 6326         Section 97. Paragraphs (a), (b), and (e) of subsection (1)
 6327  of section 252.38, Florida Statutes, are amended to read:
 6328         252.38 Emergency management powers of political
 6329  subdivisions.—Safeguarding the life and property of its citizens
 6330  is an innate responsibility of the governing body of each
 6331  political subdivision of the state.
 6332         (1) COUNTIES.—
 6333         (a) In order to provide effective and orderly governmental
 6334  control and coordination of emergency operations in emergencies
 6335  within the scope of ss. 252.31-252.90, each county within this
 6336  state shall be within the jurisdiction of, and served by, the
 6337  office division. Except as otherwise provided in ss. 252.31
 6338  252.90, each local emergency management agency shall have
 6339  jurisdiction over and serve an entire county. Unless part of an
 6340  interjurisdictional emergency management agreement entered into
 6341  pursuant to paragraph (3)(b) which is recognized by the Governor
 6342  by executive order or rule, each county must establish and
 6343  maintain such an emergency management agency and shall develop a
 6344  county emergency management plan and program that is coordinated
 6345  and consistent with the state comprehensive emergency management
 6346  plan and program. Counties that are part of an
 6347  interjurisdictional emergency management agreement entered into
 6348  pursuant to paragraph (3)(b) which is recognized by the Governor
 6349  by executive order or rule shall cooperatively develop an
 6350  emergency management plan and program that is coordinated and
 6351  consistent with the state comprehensive emergency management
 6352  plan and program.
 6353         (b) Each county emergency management agency created and
 6354  established pursuant to ss. 252.31-252.90 shall have a director.
 6355  The director must meet the minimum training and education
 6356  qualifications established in a job description approved by the
 6357  county. The director shall be appointed by the board of county
 6358  commissioners or the chief administrative officer of the county,
 6359  as described in chapter 125 or the county charter, if
 6360  applicable, to serve at the pleasure of the appointing
 6361  authority, in conformance with applicable resolutions,
 6362  ordinances, and laws. A county constitutional officer, or an
 6363  employee of a county constitutional officer, may be appointed as
 6364  director following prior notification to the division. Each
 6365  board of county commissioners shall promptly inform the office
 6366  division of the appointment of the director and other personnel.
 6367  Each director has direct responsibility for the organization,
 6368  administration, and operation of the county emergency management
 6369  agency. The director shall coordinate emergency management
 6370  activities, services, and programs within the county and shall
 6371  serve as liaison to the office division and other local
 6372  emergency management agencies and organizations.
 6373         (e) County emergency management agencies may charge and
 6374  collect fees for the review of emergency management plans on
 6375  behalf of external agencies and institutions. Fees must be
 6376  reasonable and may not exceed the cost of providing a review of
 6377  emergency management plans in accordance with fee schedules
 6378  established by the office division.
 6379         Section 98. Subsections (2) and (3) of section 252.385,
 6380  Florida Statutes, are amended to read:
 6381         252.385 Public shelter space.—
 6382         (2)(a) The office division shall administer a program to
 6383  survey existing schools, universities, community colleges, and
 6384  other state-owned, municipally owned, and county-owned public
 6385  buildings and any private facility that the owner, in writing,
 6386  agrees to provide for use as a public hurricane evacuation
 6387  shelter to identify those that are appropriately designed and
 6388  located to serve as such shelters. The owners of the facilities
 6389  must be given the opportunity to participate in the surveys. The
 6390  state university boards of trustees, district school boards,
 6391  community college boards of trustees, and the Department of
 6392  Education are responsible for coordinating and implementing the
 6393  survey of public schools, universities, and community colleges
 6394  with the office division or the local emergency management
 6395  agency.
 6396         (b) By January 31 of each even-numbered year, the office
 6397  division shall prepare and submit a statewide emergency shelter
 6398  plan to the Governor and Cabinet for approval, subject to the
 6399  requirements for approval in s. 1013.37(2). The plan shall
 6400  identify the general location and square footage of special
 6401  needs shelters, by regional planning council region, during the
 6402  next 5 years. The plan shall also include information on the
 6403  availability of shelters that accept pets. The Department of
 6404  Health shall assist the office division in determining the
 6405  estimated need for special needs shelter space and the adequacy
 6406  of facilities to meet the needs of persons with special needs
 6407  based on information from the registries of persons with special
 6408  needs and other information.
 6409         (3) The office division shall annually provide to the
 6410  President of the Senate, the Speaker of the House of
 6411  Representatives, and the Governor a list of facilities
 6412  recommended to be retrofitted using state funds. State funds
 6413  should be maximized and targeted to regional planning council
 6414  regions with hurricane evacuation shelter deficits. Retrofitting
 6415  facilities in regions with public hurricane evacuation shelter
 6416  deficits shall be given first priority and should be completed
 6417  by 2003. All recommended facilities should be retrofitted by
 6418  2008. The owner or lessee of a public hurricane evacuation
 6419  shelter that is included on the list of facilities recommended
 6420  for retrofitting is not required to perform any recommended
 6421  improvements.
 6422         Section 99. Subsection (1) of section 252.40, Florida
 6423  Statutes, is amended to read:
 6424         252.40 Mutual aid arrangements.—
 6425         (1) The governing body of each political subdivision of the
 6426  state is authorized to develop and enter into mutual aid
 6427  agreements within the state for reciprocal emergency aid and
 6428  assistance in case of emergencies too extensive to be dealt with
 6429  unassisted. Copies of such agreements shall be sent to the
 6430  office division. Such agreements shall be consistent with the
 6431  state comprehensive emergency management plan and program, and
 6432  in time of emergency it shall be the duty of each local
 6433  emergency management agency to render assistance in accordance
 6434  with the provisions of such mutual aid agreements to the fullest
 6435  possible extent.
 6436         Section 100. Subsection (1) and paragraph (c) of subsection
 6437  (2) of section 252.41, Florida Statutes, are amended to read:
 6438         252.41 Emergency management support forces.—
 6439         (1) The office division is authorized to provide, within or
 6440  without the state, such support from available personnel,
 6441  equipment, and other resources of state agencies and the
 6442  political subdivisions of the state as may be necessary to
 6443  reinforce emergency management agencies in areas stricken by
 6444  emergency. Such support shall be rendered with due consideration
 6445  of the plans of the Federal Government, this state, the other
 6446  states, and of the criticalness of the existing situation.
 6447  Emergency management support forces shall be called to duty upon
 6448  orders of the office division and shall perform functions in any
 6449  part of the state or, upon the conditions specified in this
 6450  section, in other states.
 6451         (2) Personnel of emergency management support forces while
 6452  on duty, whether within or without the state, shall:
 6453         (c) If they are not employees of the state or a political
 6454  subdivision thereof, they shall be entitled to the same rights
 6455  and immunities as are provided by law for the employees of this
 6456  state and to such compensation as may be fixed by the office
 6457  division. All personnel of emergency management support forces
 6458  shall, while on duty, be subject to the operational control of
 6459  the authority in charge of emergency management activities in
 6460  the area in which they are serving and shall be reimbursed for
 6461  all actual and necessary travel and subsistence expenses to the
 6462  extent of funds available.
 6463         Section 101. Section 252.42, Florida Statutes, is amended
 6464  to read:
 6465         252.42 Government equipment, services, and facilities.—In
 6466  the event of any emergency, the office division may make
 6467  available any equipment, services, or facilities owned or
 6468  organized by the state or its political subdivisions for use in
 6469  the affected area upon request of the duly constituted authority
 6470  of the area or upon the request of any recognized and accredited
 6471  relief agency through such duly constituted authority.
 6472         Section 102. Subsections (2), (4), and (5) of section
 6473  252.43, Florida Statutes, are amended to read:
 6474         252.43 Compensation.—
 6475         (2) Compensation owed for personal services shall be only
 6476  such as may be fixed by the office division.
 6477         (4) Any person claiming compensation for the use, damage,
 6478  loss, or destruction of property under ss. 252.31-252.60 shall
 6479  file a claim therefor with the office division in the form and
 6480  manner that the office division provides.
 6481         (5) Unless the amount of compensation owed on account of
 6482  property damaged, lost, or destroyed is agreed between the
 6483  claimant and the office division, the amount of compensation
 6484  shall be calculated in the same manner as compensation due for a
 6485  taking of property pursuant to the condemnation laws of this
 6486  state.
 6487         Section 103. Subsections (2) and (3) of section 252.44,
 6488  Florida Statutes, are amended to read:
 6489         252.44 Emergency mitigation.—
 6490         (2) The appropriate state agencies, in conjunction with the
 6491  office division, shall keep land uses and construction of
 6492  structures and other facilities under continuing study and
 6493  identify areas which are particularly susceptible to severe land
 6494  shifting, subsidence, flood, or other catastrophic occurrence,
 6495  manmade or natural. The studies under this subsection shall
 6496  concentrate on means of reducing or avoiding the dangers caused
 6497  by these occurrences or the consequences thereof.
 6498         (3) If the office division believes, on the basis of the
 6499  studies or other competent evidence, that an area is susceptible
 6500  to an emergency of catastrophic proportions without adequate
 6501  warning; that existing building standards and land use controls
 6502  in that area are inadequate and could add substantially to the
 6503  magnitude of the emergency; and that changes in zoning
 6504  regulations, other land use regulations, or building
 6505  requirements are essential in order to further the purposes of
 6506  this section, it shall specify the essential changes to the
 6507  Governor. If the Governor upon review of the recommendation
 6508  finds after public hearing that changes are essential, she or he
 6509  shall so recommend to the agencies or political subdivisions
 6510  with jurisdiction over the area and subject matter. If no
 6511  action, or insufficient action, pursuant to her or his
 6512  recommendations is taken within the time specified by the
 6513  Governor, she or he shall so inform the Legislature and request
 6514  legislative action appropriate to mitigate the impact of such an
 6515  emergency.
 6516         Section 104. Subsections (1) and (2) of section 252.46,
 6517  Florida Statutes, are amended to read:
 6518         252.46 Orders and rules.—
 6519         (1) In accordance with the provisions of chapter 120, the
 6520  political subdivisions of the state and other agencies
 6521  designated or appointed by the Governor or in the state
 6522  comprehensive emergency management plan are authorized and
 6523  empowered to make, amend, and rescind such orders and rules as
 6524  are necessary for emergency management purposes and to
 6525  supplement the carrying out of the provisions of ss. 252.31
 6526  252.90, but which are not inconsistent with any orders or rules
 6527  adopted by the office division or by any state agency exercising
 6528  a power delegated to it by the Governor or the office division.
 6529         (2) All orders and rules adopted by the office division or
 6530  any political subdivision or other agency authorized by ss.
 6531  252.31-252.90 to make orders and rules have full force and
 6532  effect of law after adoption in accordance with the provisions
 6533  of chapter 120 in the event of issuance by the office division
 6534  or any state agency or, if promulgated by a political
 6535  subdivision of the state or agency thereof, when filed in the
 6536  office of the clerk or recorder of the political subdivision or
 6537  agency promulgating the same. All existing laws, ordinances, and
 6538  rules inconsistent with the provisions of ss. 252.31-252.90, or
 6539  any order or rule issued under the authority of ss. 252.31
 6540  252.90, shall be suspended during the period of time and to the
 6541  extent that such conflict exists.
 6542         Section 105. Subsection (5) of section 252.55, Florida
 6543  Statutes, is amended to read:
 6544         252.55 Civil Air Patrol, Florida Wing.—
 6545         (5) The wing commander of the Florida Wing of the Civil Air
 6546  Patrol shall biennially furnish the office Bureau of Emergency
 6547  Management a 2-year projection of the goals and objectives of
 6548  the Civil Air Patrol which shall be reported in the office’s
 6549  division’s biennial report submitted pursuant to s. 252.35.
 6550         Section 106. Subsection (3) and paragraph (a) of subsection
 6551  (4) of section 252.60, Florida Statutes, are amended to read:
 6552         252.60 Radiological emergency preparedness.—
 6553         (3) EMERGENCY RESPONSE PLANS.—In addition to the other
 6554  plans required by this chapter, the office division shall
 6555  develop, prepare, test, and implement as needed, in conjunction
 6556  with the appropriate counties and the affected operator, such
 6557  radiological emergency response plans and preparedness
 6558  requirements as may be imposed by the United States Nuclear
 6559  Regulatory Commission or the Federal Emergency Management Agency
 6560  as a requirement for obtaining or continuing the appropriate
 6561  licenses for a commercial nuclear electric generating facility.
 6562         (4) POWERS AND DUTIES.—In implementing the requirements of
 6563  this section, the director of the office secretary of the
 6564  department, or the director’s secretary’s designated
 6565  representative, shall:
 6566         (a) Negotiate and enter into such additional contracts and
 6567  arrangements among the office division, appropriate counties,
 6568  and each operator to provide for the level of funding and the
 6569  respective roles of each in the development, preparation,
 6570  testing, and implementation of the plans.
 6571         Section 107. Section 252.61, Florida Statutes, is amended
 6572  to read:
 6573         252.61 List of persons for contact relating to release of
 6574  toxic substances into atmosphere.—The Office of Emergency
 6575  Management Department of Community Affairs shall maintain a list
 6576  of contact persons after the survey pursuant to s. 403.771 is
 6577  completed.
 6578         Section 108. Section 252.82, Florida Statutes, is amended
 6579  to read:
 6580         252.82 Definitions.—As used in this part:
 6581         (1) “Commission” means the State Hazardous Materials
 6582  Emergency Response Commission created pursuant to s. 301 of
 6583  EPCRA.
 6584         (2) “Committee” means any local emergency planning
 6585  committee established in the state pursuant to s. 301 of EPCRA.
 6586         (3) “Department” means the Department of Community Affairs.
 6587         (3)(4) “Facility” means facility as defined in s. 329 of
 6588  EPCRA. Vehicles placarded according to title 49 Code of Federal
 6589  Regulations are shall not be considered a facility except for
 6590  purposes of s. 304 of EPCRA.
 6591         (4)(5) “Hazardous material” means any hazardous chemical,
 6592  toxic chemical, or extremely hazardous substance, as defined in
 6593  s. 329 of EPCRA.
 6594         (5)(6) “EPCRA” means the Emergency Planning and Community
 6595  Right-to-Know Act of 1986, title III of the Superfund Amendments
 6596  and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300
 6597  329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
 6598  adopted thereunder.
 6599         (6) “Office” means the Office of Emergency Management
 6600  within the Executive Office of the Governor.
 6601         (7) “Trust fund” means the Operating Trust Fund of the
 6602  office Department of Community Affairs.
 6603         Section 109. Section 252.83, Florida Statutes, is amended
 6604  to read:
 6605         252.83 Powers and duties of the office department.—
 6606         (1) The office department shall have the authority:
 6607         (a) To coordinate its activities under this part with its
 6608  other emergency management responsibilities, including its
 6609  responsibilities under part I of this chapter, and activities
 6610  and with the related activities of other agencies, keeping
 6611  separate accounts for all activities supported or partially
 6612  supported from the Operating Trust Fund.
 6613         (b) To make rules, with the advice and consent of the
 6614  commission, to implement this part.
 6615         (2) The office department shall provide administrative
 6616  support, including staff, facilities, materials, and services,
 6617  to the commission and shall provide funding to the committees to
 6618  enable the commission and the committees to perform their
 6619  functions under EPCRA and this part.
 6620         (3) The office department and the commission, to the extent
 6621  possible, shall use the emergency planning capabilities of local
 6622  governments to reduce duplication and paperwork to achieve the
 6623  intent of this part. It is the intent of the Legislature that
 6624  this part be implemented in the most cost-efficient manner
 6625  possible, with the least possible financial impact on local
 6626  government and the community.
 6627         Section 110. Subsections (1), (3), (4), and (5) of section
 6628  252.85, Florida Statutes, are amended to read:
 6629         252.85 Fees.—
 6630         (1) Any owner or operator of a facility required under s.
 6631  302 or s. 312 of EPCRA, or by s. 252.87, to submit a
 6632  notification or an annual inventory form to the commission shall
 6633  be required to pay an annual registration fee. The fee for any
 6634  company, including all facilities under common ownership or
 6635  control, shall not be less than $25 nor more than $2,000. The
 6636  office department shall establish a reduced fee, of not less
 6637  than $25 nor more than $500, applicable to any owner or operator
 6638  regulated under part I of chapter 368, chapter 527, or s.
 6639  376.303, which does not have present any extremely hazardous
 6640  substance, as defined by EPCRA, in excess of a threshold
 6641  planning quantity, as established by EPCRA. The office
 6642  department shall establish a reduced fee of not less than $25
 6643  nor more than $1,000, applicable to any owner or operator of a
 6644  facility with a Standard Industrial Classification Code of 01,
 6645  02, or 07, which is eligible for the “routine agricultural use”
 6646  exemption provided in ss. 311 and 312 of EPCRA. The fee under
 6647  this subsection shall be based on the number of employees
 6648  employed within the state at facilities under the common
 6649  ownership or control of such owner or operator, which number
 6650  shall be determined, to the extent possible, in accordance with
 6651  data supplied by Jobs Florida or its tax collection service
 6652  provider the Department of Labor and Employment Security. In
 6653  order to avoid the duplicative reporting of seasonal and
 6654  temporary agricultural employees, fees applicable to owners or
 6655  operators of agricultural facilities, which are eligible for the
 6656  “routine agricultural use” reporting exemption provided in ss.
 6657  311 and 312 of EPCRA, shall be based on employee data which most
 6658  closely reflects such owner or operator’s permanent nonseasonal
 6659  workforce. The office department shall establish by rule the
 6660  date by which the fee is to be paid, as well as a formula or
 6661  method of determining the applicable fee under this subsection
 6662  without regard to the number of facilities under common
 6663  ownership or control. The office department may require owners
 6664  or operators of multiple facilities to demonstrate common
 6665  ownership or control for purposes of this subsection.
 6666         (3) Any owner or operator of a facility that is required to
 6667  submit a report or filing under s. 313 of EPCRA shall pay an
 6668  annual reporting fee not to exceed $150 for those s. 313 EPCRA
 6669  listed substances in effect on January 1, 2005. The office
 6670  department shall establish by rule the date by which the fee is
 6671  to be paid, as well as a formula or method of determining the
 6672  applicable fee under this subsection.
 6673         (4)(a) The office department may assess a late fee for the
 6674  failure to submit a report or filing that substantially complies
 6675  with the requirements of EPCRA or s. 252.87 by the specified
 6676  date or for failure to pay any fee, including any late fee,
 6677  required by this section. This late fee shall be in addition to
 6678  the fee otherwise imposed pursuant to this section. If the
 6679  office department elects to impose a late fee, it shall provide
 6680  the owner or operator with a written notice that identifies the
 6681  specific requirements which have not been met and advises of its
 6682  intent to assess a late fee.
 6683         (b) The office department may impose a late fee, subject to
 6684  the limitations set forth below:
 6685         1. If the report, filing, or fee is submitted within 30
 6686  days after the receipt of the office’s department’s notice, no
 6687  late fee may be assessed.
 6688         2. If the report, filing, or fee is not submitted within 30
 6689  days after the receipt of the office’s department’s notice, the
 6690  office department may impose a late fee in an amount equal to
 6691  the amount of the annual registration fee, filing fee, or s. 313
 6692  fee due, not to exceed $2,000.
 6693         3. If the report, filing, or fee is not submitted within 90
 6694  days after the receipt of the office’s department’s notice, the
 6695  office department may issue a second notice. If the report,
 6696  filing, or fee is not submitted within 30 days after receipt of
 6697  the office’s department’s second notice, the office department
 6698  may assess a second late fee in an amount equal to twice the
 6699  amount of the annual registration fee, filing fee, or s. 313 fee
 6700  due, not to exceed $4,000.
 6701         4. The office department may consider, but is not limited
 6702  to considering, the following factors in assessing late fees:
 6703  good faith attempt to comply; history of noncompliance; ability
 6704  to pay or continue in business; threat to health and safety
 6705  posed by noncompliance; and degree of culpability.
 6706         (5) The office department shall establish by rule the dates
 6707  by which the fee is to be paid, as well as a formula or method
 6708  of determining the facility registration fee and late fee.
 6709         Section 111. Subsections (1) and (3) of section 252.86,
 6710  Florida Statutes, are amended to read:
 6711         252.86 Penalties and remedies.—
 6712         (1) The owner or operator of a facility, an employer, or
 6713  any other person submitting written information pursuant to
 6714  EPCRA or this part to the commission, a committee, or a fire
 6715  department shall be liable for a civil penalty of $5,000 for
 6716  each item of information in the submission that is false, if
 6717  such person knew or should have known the information was false
 6718  or if such person submitted the information with reckless
 6719  disregard of its truth or falsity. The office department may
 6720  institute a civil action in a court of competent jurisdiction to
 6721  impose and recover a civil penalty for the amount indicated in
 6722  this subsection. However, the court may receive evidence in
 6723  mitigation.
 6724         (3) Any provision of s. 325 or s. 326 of EPCRA which
 6725  creates a federal cause of action shall create a corresponding
 6726  cause of action under state law, with jurisdiction in the
 6727  circuit courts. Any provision of s. 325 or s. 326 of EPCRA which
 6728  imposes or authorizes the imposition of a civil penalty by the
 6729  Administrator of the Environmental Protection Agency, or which
 6730  creates a liability to the United States, shall impose or
 6731  authorize the imposition of such a penalty by the office
 6732  department or create such a liability to and for the benefit of
 6733  the state, to be paid into the Operating Trust Fund. Venue shall
 6734  be proper in the county where the violation occurred or where
 6735  the defendant has its principal place of business.
 6736         Section 112. Subsections (4) and (7) of section 252.87,
 6737  Florida Statutes, are amended to read:
 6738         252.87 Supplemental state reporting requirements.—
 6739         (4) Each employer that owns or operates a facility in this
 6740  state at which hazardous materials are present in quantities at
 6741  or above the thresholds established under ss. 311(b) and 312(b)
 6742  of EPCRA shall comply with the reporting requirements of ss. 311
 6743  and 312 of EPCRA. Such employer shall also be responsible for
 6744  notifying the office department, the local emergency planning
 6745  committee, and the local fire department in writing within 30
 6746  days if there is a discontinuance or abandonment of the
 6747  employer’s business activities that could affect any stored
 6748  hazardous materials.
 6749         (7) The office department shall avoid duplicative reporting
 6750  requirements by using utilizing the reporting requirements of
 6751  other state agencies that regulate hazardous materials to the
 6752  extent feasible and shall request the information authorized
 6753  under EPCRA. With the advice and consent of the State Emergency
 6754  Response Commission for Hazardous Materials, the office
 6755  department may require by rule that the maximum daily amount
 6756  entry on the chemical inventory report required under s. 312 of
 6757  EPCRA provide for reporting in estimated actual amounts. The
 6758  office department may also require by rule an entry for the
 6759  Federal Employer Identification Number on this report. To the
 6760  extent feasible, the office department shall encourage and
 6761  accept required information in a form initiated through
 6762  electronic data interchange and shall describe by rule the
 6763  format, manner of execution, and method of electronic
 6764  transmission necessary for using such form. To the extent
 6765  feasible, the Department of Financial Services, the Department
 6766  of Agriculture and Consumer Services, the Department of
 6767  Environmental Protection, the Public Service Commission, the
 6768  Department of Revenue, the Department of Labor and Employment
 6769  Security, and other state agencies which regulate hazardous
 6770  materials shall coordinate with the office department in order
 6771  to avoid duplicative requirements contained in each agency’s
 6772  respective reporting or registration forms. The other state
 6773  agencies that inspect facilities storing hazardous materials and
 6774  suppliers and distributors of covered substances shall assist
 6775  the office department in informing the facility owner or
 6776  operator of the requirements of this part. The office department
 6777  shall provide the other state agencies with the necessary
 6778  information and materials to inform the owners and operators of
 6779  the requirements of this part to ensure that the budgets of
 6780  these agencies are not adversely affected.
 6781         Section 113. Subsection (4) of section 252.88, Florida
 6782  Statutes, is amended to read:
 6783         252.88 Public records.—
 6784         (4) The office department, the commission, and the
 6785  committees shall furnish copies of public records submitted
 6786  under EPCRA or this part, and may charge a fee of $1 per page
 6787  per person per year for over 25 pages of materials copied.
 6788         Section 114. Subsections (3), (8), (9), and (19) of section
 6789  252.936, Florida Statutes, are amended to read:
 6790         252.936 Definitions.—As used in this part, the term:
 6791         (3) “Audit” means a review of information at, a stationary
 6792  source subject to s. 112(r)(7), or submitted by, a stationary
 6793  source subject to s. 112(r)(7), to determine whether that
 6794  stationary source is in compliance with the requirements of this
 6795  part and rules adopted to administer implement this part. Audits
 6796  must include a review of the adequacy of the stationary source’s
 6797  Risk Management Plan, may consist of reviews of information
 6798  submitted to the office department or the United States
 6799  Environmental Protection Agency to determine whether the plan is
 6800  complete or whether revisions to the plan are needed, and the
 6801  reviews may be conducted at the stationary source to confirm
 6802  that information onsite is consistent with reported information.
 6803         (8) “Department” means the Department of Community Affairs.
 6804         (8)(9) “Inspection” means a review of information at a
 6805  stationary source subject to s. 112(r)(7), including
 6806  documentation and operating practices and access to the source
 6807  and to any area where an accidental release could occur, to
 6808  determine whether the stationary source is in compliance with
 6809  the requirements of this part or rules adopted to administer
 6810  implement this part.
 6811         (9) “Office” means the Office of Emergency Management in
 6812  the Executive Office of the Governor.
 6813         (19) “Trust fund” means the Operating Trust Fund of the
 6814  office established in the department’s Division of Emergency
 6815  Management.
 6816         Section 115. Section 252.937, Florida Statutes, is amended
 6817  to read:
 6818         252.937 Office Department powers and duties.—
 6819         (1) The office department has the power and duty to:
 6820         (a)1. Seek delegation from the United States Environmental
 6821  Protection Agency to implement the Accidental Release Prevention
 6822  Program under s. 112(r)(7) of the Clean Air Act and the federal
 6823  implementing regulations for specified sources subject to s.
 6824  112(r)(7) of the Clean Air Act. Implementation for all other
 6825  sources subject to s. 112(r)(7) of the Clean Air Act shall will
 6826  be performed by the United States Environmental Protection
 6827  Agency; and
 6828         2. Ensure the timely submission of Risk Management Plans
 6829  and any subsequent revisions of Risk Management Plans.
 6830         (b) Adopt, modify, and repeal rules, with the advice and
 6831  consent of the commission, necessary to obtain delegation from
 6832  the United States Environmental Protection Agency and to
 6833  administer the s. 112(r)(7) Accidental Release Prevention
 6834  Program in this state for the specified stationary sources with
 6835  no expansion or addition of the regulatory program.
 6836         (c) Make and execute contracts and other agreements
 6837  necessary or convenient to the administration implementation of
 6838  this part.
 6839         (d) Coordinate its activities under this part with its
 6840  other emergency management responsibilities, including its
 6841  responsibilities and activities under parts I, II, and III of
 6842  this chapter and with the related activities of other state and
 6843  local agencies, keeping separate accounts for all activities
 6844  conducted under this part which are supported or partially
 6845  supported from the trust fund.
 6846         (e) Establish, with the advice and consent of the
 6847  commission, a technical assistance and outreach program on or
 6848  before January 31, 1999, to assist owners and operators of
 6849  specified stationary sources subject to s. 112(r)(7) in
 6850  complying with the reporting and fee requirements of this part.
 6851  This program is designed to facilitate and ensure timely
 6852  submission of proper certifications or compliance schedules and
 6853  timely submission and registration of Risk Management Plans and
 6854  revised registrations and Risk Management Plans if when required
 6855  for these sources.
 6856         (f) Make a quarterly report to the State Emergency Response
 6857  Commission on income and expenses for the state’s Accidental
 6858  Release Prevention Program under this part.
 6859         (2) To ensure that this program is self-supporting, the
 6860  office department shall provide administrative support,
 6861  including staff, facilities, materials, and services to
 6862  implement this part for specified stationary sources subject to
 6863  s. 252.939 and shall provide necessary funding to local
 6864  emergency planning committees and county emergency management
 6865  agencies for work performed to implement this part. Each state
 6866  agency with regulatory, inspection, or technical assistance
 6867  programs for specified stationary sources subject to this part
 6868  shall enter into a memorandum of understanding with the office
 6869  department which specifically outlines how each agency’s staff,
 6870  facilities, materials, and services will be used utilized to
 6871  support implementation. At a minimum, these agencies and
 6872  programs include: the Department of Environmental Protection’s
 6873  Division of Air Resources Management and Division of Water
 6874  Resource Management, and the Department of Labor and Employment
 6875  Security’s Division of Safety. It is the Legislature’s intent to
 6876  implement this part as efficiently and economically as possible,
 6877  using existing expertise and resources, if available and
 6878  appropriate.
 6879         (3) To prevent the duplication of investigative efforts and
 6880  resources, the office department, on behalf of the commission,
 6881  shall coordinate with any federal agencies or agents thereof,
 6882  including the federal Chemical Safety and Hazard Investigation
 6883  Board, or its successor, which are performing accidental release
 6884  investigations for specified stationary sources, and may
 6885  coordinate with any agencies of the state which are performing
 6886  accidental release investigations. This accidental release
 6887  investigation coordination is not intended to limit or take the
 6888  place of any individual agency accidental release investigation
 6889  under separate authority.
 6890         (4) To promote efficient administration of this program and
 6891  specified stationary sources, the only the office agency which
 6892  may seek delegation from the United States Environmental
 6893  Protection Agency for this program is the Florida Department of
 6894  Community Affairs. Further, the office may Florida Department of
 6895  Community Affairs shall not delegate this program to any local
 6896  environmental agency.
 6897         Section 116. Section 252.943, Florida Statutes, is amended
 6898  to read:
 6899         252.943 Public records.—
 6900         (1) The office Department of Community Affairs shall
 6901  protect records, reports, or information or particular parts
 6902  thereof, other than release or emissions data, contained in a
 6903  risk management plan from public disclosure pursuant to ss.
 6904  112(r) and 114(c) of the federal Clean Air Act and authorities
 6905  cited therein, based upon a showing satisfactory to the
 6906  Administrator of the United States Environmental Protection
 6907  Agency, by any owner or operator of a stationary source subject
 6908  to the Accidental Release Prevention Program, that public
 6909  release of such records, reports, or information would divulge
 6910  methods or processes entitled to protection as trade secrets as
 6911  provided for in 40 C.F.R. part 2, subpart B. Such records,
 6912  reports, or information held by the office department are
 6913  confidential and exempt from the provisions of s. 119.07(1) and
 6914  s. 24(a), Art. I of the State Constitution, unless a final
 6915  determination has been made by the Administrator of the
 6916  Environmental Protection Agency that such records, reports, or
 6917  information are not entitled to trade secret protection, or
 6918  pursuant to an order of court.
 6919         (2) The office department shall protect records, reports,
 6920  or information or particular parts thereof, other than release
 6921  or emissions data, obtained from an investigation, inspection,
 6922  or audit from public disclosure pursuant to ss. 112(r) and
 6923  114(c) of the federal Clean Air Act and authorities cited
 6924  therein, based upon a showing satisfactory to the Administrator
 6925  of the United States Environmental Protection Agency, by any
 6926  owner or operator of a stationary source subject to the
 6927  Accidental Release Prevention Program, that public release of
 6928  such records, reports, or information would divulge methods or
 6929  processes entitled to protection as trade secrets as provided
 6930  for in 40 C.F.R. part 2, subpart B. Such records, reports, or
 6931  information held by the office department are confidential and
 6932  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 6933  of the State Constitution, unless a final determination has been
 6934  made by the Administrator of the Environmental Protection Agency
 6935  that such records, reports, or information are not entitled to
 6936  trade secret protection, or pursuant to a court an order of
 6937  court.
 6938         Section 117. Section 252.946, Florida Statutes, is amended
 6939  to read:
 6940         252.946 Public records.—With regard to information
 6941  submitted to the United States Environmental Protection Agency
 6942  under this part or s. 112(r)(7), the office department of
 6943  Community Affairs, the State Hazardous Materials Emergency
 6944  Response Commission, and any local emergency planning committee
 6945  may assist persons in electronically accessing such information
 6946  held by the United States Environmental Protection Agency in its
 6947  centralized database. If requested, the office department, the
 6948  commission, or a committee may furnish copies of such United
 6949  States Environmental Protection Agency records.
 6950         Section 118. Paragraph (b) of subsection (1) of section
 6951  255.099, Florida Statutes, is amended to read:
 6952         255.099 Preference to state residents.—
 6953         (1) Each contract for construction that is funded by state
 6954  funds must contain a provision requiring the contractor to give
 6955  preference to the employment of state residents in the
 6956  performance of the work on the project if state residents have
 6957  substantially equal qualifications to those of nonresidents. A
 6958  contract for construction funded by local funds may contain such
 6959  a provision.
 6960         (b) A contractor required to employ state residents must
 6961  contact Jobs Florida the Agency for Workforce Innovation to post
 6962  the contractor’s employment needs in the state’s job bank
 6963  system.
 6964         Section 119. Paragraph (b) of subsection (1) of section
 6965  259.035, Florida Statutes, is amended to read:
 6966         259.035 Acquisition and Restoration Council.—
 6967         (1) There is created the Acquisition and Restoration
 6968  Council.
 6969         (b) The five remaining appointees shall be composed of the
 6970  Secretary of Environmental Protection, the director of the
 6971  Division of Forestry of the Department of Agriculture and
 6972  Consumer Services, the executive director of the Fish and
 6973  Wildlife Conservation Commission, the director of the Division
 6974  of Historical Resources of the Department of State, and the
 6975  secretary of the Department of Community Affairs, or their
 6976  respective designees.
 6977         Section 120. Paragraph (d) of subsection (1) of section
 6978  260.0142, Florida Statutes, is amended to read:
 6979         260.0142 Florida Greenways and Trails Council; composition;
 6980  powers and duties.—
 6981         (1) There is created within the department the Florida
 6982  Greenways and Trails Council which shall advise the department
 6983  in the execution of the department’s powers and duties under
 6984  this chapter. The council shall be composed of 20 21 members,
 6985  consisting of:
 6986         (d) The 10 remaining members shall include:
 6987         1. The Secretary of Environmental Protection or a designee.
 6988         2. The executive director of the Fish and Wildlife
 6989  Conservation Commission or a designee.
 6990         3. The Secretary of Community Affairs or a designee.
 6991         3.4. The Secretary of Transportation or a designee.
 6992         4.5. The Director of the Division of Forestry of the
 6993  Department of Agriculture and Consumer Services or a designee.
 6994         5.6. The director of the Division of Historical Resources
 6995  of the Department of State or a designee.
 6996         6.7. A representative of the water management districts.
 6997  Membership on the council shall rotate among the five districts.
 6998  The districts shall determine the order of rotation.
 6999         7.8. A representative of a federal land management agency.
 7000  The Secretary of Environmental Protection shall identify the
 7001  appropriate federal agency and request designation of a
 7002  representative from the agency to serve on the council.
 7003         8.9. A representative of the regional planning councils to
 7004  be appointed by the Secretary of Environmental Protection in
 7005  consultation with the Secretary of Community Affairs. Membership
 7006  on the council shall rotate among the seven regional planning
 7007  councils. The regional planning councils shall determine the
 7008  order of rotation.
 7009         9.10. A representative of local governments to be appointed
 7010  by the Secretary of Environmental Protection in consultation
 7011  with the Secretary of Community Affairs. Membership shall
 7012  alternate between a county representative and a municipal
 7013  representative.
 7014         Section 121. Section 272.11, Florida Statutes, is amended
 7015  to read:
 7016         272.11 Capitol information center.—The Jobs Florida
 7017  Partnership, Inc., Florida Commission on Tourism shall
 7018  establish, maintain, and operate a Capitol information center
 7019  somewhere within the area of the Capitol Center and employ
 7020  personnel or enter into contracts to maintain same.
 7021         Section 122. Paragraph (a) of subsection (4) of section
 7022  282.34, Florida Statutes, is amended to read:
 7023         282.34 Statewide e-mail service.—A state e-mail system that
 7024  includes the delivery and support of e-mail, messaging, and
 7025  calendaring capabilities is established as an enterprise
 7026  information technology service as defined in s. 282.0041. The
 7027  service shall be designed to meet the needs of all executive
 7028  branch agencies. The primary goals of the service are to
 7029  minimize the state investment required to establish, operate,
 7030  and support the statewide service; reduce the cost of current e
 7031  mail operations and the number of duplicative e-mail systems;
 7032  and eliminate the need for each state agency to maintain its own
 7033  e-mail staff.
 7034         (4) All agencies must be completely migrated to the
 7035  statewide e-mail service as soon as financially and
 7036  operationally feasible, but no later than June 30, 2015.
 7037         (a) The following statewide e-mail service implementation
 7038  schedule is established for state agencies:
 7039         1. Phase 1.—The following agencies must be completely
 7040  migrated to the statewide e-mail system by June 30, 2012: the
 7041  Agency for Enterprise Information Technology; the Department of
 7042  Community Affairs, including the Division of Emergency
 7043  Management; the Department of Corrections; the Department of
 7044  Health; the Department of Highway Safety and Motor Vehicles; the
 7045  Department of Management Services, including the Division of
 7046  Administrative Hearings, the Division of Retirement, the
 7047  Commission on Human Relations, and the Public Employees
 7048  Relations Commission; the Southwood Shared Resource Center; and
 7049  the Department of Revenue.
 7050         2. Phase 2.—The following agencies must be completely
 7051  migrated to the statewide e-mail system by June 30, 2013: the
 7052  Department of Business and Professional Regulation; the
 7053  Department of Education, including the Board of Governors; the
 7054  Department of Environmental Protection; the Department of
 7055  Juvenile Justice; the Department of the Lottery; the Department
 7056  of State; the Department of Law Enforcement; the Department of
 7057  Veterans’ Affairs; the Judicial Administration Commission; the
 7058  Public Service Commission; and the Statewide Guardian Ad Litem
 7059  Office.
 7060         3. Phase 3.—The following agencies must be completely
 7061  migrated to the statewide e-mail system by June 30, 2014: the
 7062  Agency for Health Care Administration; the Agency for Workforce
 7063  Innovation; the Department of Financial Services, including the
 7064  Office of Financial Regulation and the Office of Insurance
 7065  Regulation; the Department of Agriculture and Consumer Services;
 7066  the Executive Office of the Governor, including the Office of
 7067  Emergency Management; the Department of Transportation; the Fish
 7068  and Wildlife Conservation Commission; the Agency for Persons
 7069  With Disabilities; the Northwood Shared Resource Center; and the
 7070  State Board of Administration.
 7071         4. Phase 4.—The following agencies must be completely
 7072  migrated to the statewide e-mail system by June 30, 2015: the
 7073  Department of Children and Family Services; the Department of
 7074  Citrus; the Department of Elderly Affairs; and the Department of
 7075  Legal Affairs.
 7076         Section 123. Paragraphs (a) and (d) of subsection (1) and
 7077  subsection (4) of section 282.709, Florida Statutes, are amended
 7078  to read:
 7079         282.709 State agency law enforcement radio system and
 7080  interoperability network.—
 7081         (1) The department may acquire and administer a statewide
 7082  radio communications system to serve law enforcement units of
 7083  state agencies, and to serve local law enforcement agencies
 7084  through mutual aid channels.
 7085         (a) The department shall, in conjunction with the
 7086  Department of Law Enforcement and the Office Division of
 7087  Emergency Management of the Department of Community Affairs,
 7088  establish policies, procedures, and standards to be incorporated
 7089  into a comprehensive management plan for the use and operation
 7090  of the statewide radio communications system.
 7091         (d) The department shall exercise its powers and duties
 7092  under this part to plan, manage, and administer the mutual aid
 7093  channels in the statewide radio communication system.
 7094         1. In implementing such powers and duties, the department
 7095  shall consult and act in conjunction with the Department of Law
 7096  Enforcement and the Office Division of Emergency Management of
 7097  the Department of Community Affairs, and shall manage and
 7098  administer the mutual aid channels in a manner that reasonably
 7099  addresses the needs and concerns of the involved law enforcement
 7100  agencies and emergency response agencies and entities.
 7101         2. The department may make the mutual aid channels
 7102  available to federal agencies, state agencies, and agencies of
 7103  the political subdivisions of the state for the purpose of
 7104  public safety and domestic security.
 7105         (4) The department may create and administer an
 7106  interoperability network to enable interoperability between
 7107  various radio communications technologies and to serve federal
 7108  agencies, state agencies, and agencies of political subdivisions
 7109  of the state for the purpose of public safety and domestic
 7110  security.
 7111         (a) The department shall, in conjunction with the
 7112  Department of Law Enforcement and the Office Division of
 7113  Emergency Management of the Department of Community Affairs,
 7114  exercise its powers and duties pursuant to this chapter to plan,
 7115  manage, and administer the interoperability network. The office
 7116  may:
 7117         1. Enter into mutual aid agreements among federal agencies,
 7118  state agencies, and political subdivisions of the state for the
 7119  use of the interoperability network.
 7120         2. Establish the cost of maintenance and operation of the
 7121  interoperability network and charge subscribing federal and
 7122  local law enforcement agencies for access and use of the
 7123  network. The department may not charge state law enforcement
 7124  agencies identified in paragraph (2)(a) to use the network.
 7125         3. In consultation with the Department of Law Enforcement
 7126  and the Office Division of Emergency Management of the
 7127  Department of Community Affairs, amend and enhance the statewide
 7128  radio communications system as necessary to implement the
 7129  interoperability network.
 7130         (b) The department, in consultation with the Joint Task
 7131  Force on State Agency Law Enforcement Communications, and in
 7132  conjunction with the Department of Law Enforcement and the
 7133  Office Division of Emergency Management of the Department of
 7134  Community Affairs, shall establish policies, procedures, and
 7135  standards to incorporate into a comprehensive management plan
 7136  for the use and operation of the interoperability network.
 7137         Section 124. Section 287.09431, Florida Statutes, is
 7138  amended to read:
 7139         287.09431 Statewide and interlocal agreement on
 7140  certification of business concerns for the status of minority
 7141  business enterprise.—The statewide and interlocal agreement on
 7142  certification of business concerns for the status of minority
 7143  business enterprise is hereby enacted and entered into with all
 7144  jurisdictions or organizations legally joining therein. If,
 7145  within 2 years from the date that the certification core
 7146  criteria are approved by the Department of Management Services
 7147  Department of Labor and Employment Security, the agreement
 7148  included herein is not executed by a majority of county and
 7149  municipal governing bodies that administer a minority business
 7150  assistance program on the effective date of this act, then the
 7151  Legislature shall review this agreement. It is the intent of the
 7152  Legislature that if the agreement is not executed by a majority
 7153  of the requisite governing bodies, then a statewide uniform
 7154  certification process should be adopted, and that said agreement
 7155  should be repealed and replaced by a mandatory state government
 7156  certification process.
 7157  
 7158                              ARTICLE I                            
 7159  
 7160         PURPOSE, FINDINGS, AND POLICY.—
 7161         (1) The parties to this agreement, desiring by common
 7162  action to establish a uniform certification process in order to
 7163  reduce the multiplicity of applications by business concerns to
 7164  state and local governmental programs for minority business
 7165  assistance, declare that it is the policy of each of them, on
 7166  the basis of cooperation with one another, to remedy social and
 7167  economic disadvantage suffered by certain groups, resulting in
 7168  their being historically underutilized in ownership and control
 7169  of commercial enterprises. Thus, the parties seek to address
 7170  this history by increasing the participation of the identified
 7171  groups in opportunities afforded by government procurement.
 7172         (2) The parties find that the State of Florida presently
 7173  certifies firms for participation in the minority business
 7174  assistance programs of the state. The parties find further that
 7175  some counties, municipalities, school boards, special districts,
 7176  and other divisions of local government require a separate, yet
 7177  similar, and in most cases redundant certification in order for
 7178  businesses to participate in the programs sponsored by each
 7179  government entity.
 7180         (3) The parties find further that this redundant
 7181  certification has proven to be unduly burdensome to the
 7182  minority-owned firms intended to benefit from the underlying
 7183  purchasing incentives.
 7184         (4) The parties agree that:
 7185         (a) They will facilitate integrity, stability, and
 7186  cooperation in the statewide and interlocal certification
 7187  process, and in other elements of programs established to assist
 7188  minority-owned businesses.
 7189         (b) They shall cooperate with agencies, organizations, and
 7190  associations interested in certification and other elements of
 7191  minority business assistance.
 7192         (c) It is the purpose of this agreement to provide for a
 7193  uniform process whereby the status of a business concern may be
 7194  determined in a singular review of the business information for
 7195  these purposes, in order to eliminate any undue expense, delay,
 7196  or confusion to the minority-owned businesses in seeking to
 7197  participate in the minority business assistance programs of
 7198  state and local jurisdictions.
 7199  
 7200                             ARTICLE II                            
 7201  
 7202         DEFINITIONS.—As used in this agreement and contracts made
 7203  pursuant to it, unless the context clearly requires otherwise:
 7204         (1) “Awarding organization” means any political subdivision
 7205  or organization authorized by law, ordinance, or agreement to
 7206  enter into contracts and for which the governing body has
 7207  entered into this agreement.
 7208         (2) “Department” means the Department of Management
 7209  Services Department of Labor and Employment Security.
 7210         (3) “Minority” means a person who is a lawful, permanent
 7211  resident of the state, having origins in one of the minority
 7212  groups as described and adopted by the Department of Management
 7213  Services Department of Labor and Employment Security, hereby
 7214  incorporated by reference.
 7215         (4) “Minority business enterprise” means any small business
 7216  concern as defined in subsection (6) that meets all of the
 7217  criteria described and adopted by the Department of Management
 7218  Services Department of Labor and Employment Security, hereby
 7219  incorporated by reference.
 7220         (5) “Participating state or local organization” means any
 7221  political subdivision of the state or organization designated by
 7222  such that elects to participate in the certification process
 7223  pursuant to this agreement, which has been approved according to
 7224  s. 287.0943(3) and has legally entered into this agreement.
 7225         (6) “Small business concern” means an independently owned
 7226  and operated business concern which is of a size and type as
 7227  described and adopted by vote related to this agreement of the
 7228  commission, hereby incorporated by reference.
 7229  
 7230                             ARTICLE III                           
 7231  
 7232         STATEWIDE AND INTERLOCAL CERTIFICATIONS.—
 7233         (1) All awarding organizations shall accept a certification
 7234  granted by any participating organization which has been
 7235  approved according to s. 287.0943(3) and has entered into this
 7236  agreement, as valid status of minority business enterprise.
 7237         (2) A participating organization shall certify a business
 7238  concern that meets the definition of minority business
 7239  enterprise in this agreement, in accordance with the duly
 7240  adopted eligibility criteria.
 7241         (3) All participating organizations shall issue notice of
 7242  certification decisions granting or denying certification to all
 7243  other participating organizations within 14 days of the
 7244  decision. Such notice may be made through electronic media.
 7245         (4) No certification will be granted without an onsite
 7246  visit to verify ownership and control of the prospective
 7247  minority business enterprise, unless verification can be
 7248  accomplished by other methods of adequate verification or
 7249  assessment of ownership and control.
 7250         (5) The certification of a minority business enterprise
 7251  pursuant to the terms of this agreement shall not be suspended,
 7252  revoked, or otherwise impaired except on any grounds which would
 7253  be sufficient for revocation or suspension of a certification in
 7254  the jurisdiction of the participating organization.
 7255         (6) The certification determination of a party may be
 7256  challenged by any other participating organization by the
 7257  issuance of a timely written notice by the challenging
 7258  organization to the certifying organization’s determination
 7259  within 10 days of receiving notice of the certification
 7260  decision, stating the grounds therefor.
 7261         (7) The sole accepted grounds for challenge shall be the
 7262  failure of the certifying organization to adhere to the adopted
 7263  criteria or the certifying organization’s rules or procedures,
 7264  or the perpetuation of a misrepresentation or fraud by the firm.
 7265         (8) The certifying organization shall reexamine its
 7266  certification determination and submit written notice to the
 7267  applicant and the challenging organization of its findings
 7268  within 30 days after the receipt of the notice of challenge.
 7269         (9) If the certification determination is affirmed, the
 7270  challenging agency may subsequently submit timely written notice
 7271  to the firm of its intent to revoke certification of the firm.
 7272  
 7273                             ARTICLE IV                            
 7274  
 7275         APPROVED AND ACCEPTED PROGRAMS.—Nothing in this agreement
 7276  shall be construed to repeal or otherwise modify any ordinance,
 7277  law, or regulation of a party relating to the existing minority
 7278  business assistance provisions and procedures by which minority
 7279  business enterprises participate therein.
 7280  
 7281                              ARTICLE V                            
 7282  
 7283         TERM.—The term of the agreement shall be 5 years, after
 7284  which it may be reexecuted by the parties.
 7285  
 7286                             ARTICLE VI                            
 7287  
 7288         AGREEMENT EVALUATION.—The designated state and local
 7289  officials may meet from time to time as a group to evaluate
 7290  progress under the agreement, to formulate recommendations for
 7291  changes, or to propose a new agreement.
 7292  
 7293                             ARTICLE VII                           
 7294  
 7295         OTHER ARRANGEMENTS.—Nothing in this agreement shall be
 7296  construed to prevent or inhibit other arrangements or practices
 7297  of any party in order to comply with federal law.
 7298  
 7299                            ARTICLE VIII                           
 7300  
 7301         EFFECT AND WITHDRAWAL.—
 7302         (1) This agreement shall become effective when properly
 7303  executed by a legal representative of the participating
 7304  organization, when enacted into the law of the state and after
 7305  an ordinance or other legislation is enacted into law by the
 7306  governing body of each participating organization. Thereafter it
 7307  shall become effective as to any participating organization upon
 7308  the enactment of this agreement by the governing body of that
 7309  organization.
 7310         (2) Any party may withdraw from this agreement by enacting
 7311  legislation repealing the same, but no such withdrawal shall
 7312  take effect until one year after the governing body of the
 7313  withdrawing party has given notice in writing of the withdrawal
 7314  to the other parties.
 7315         (3) No withdrawal shall relieve the withdrawing party of
 7316  any obligations imposed upon it by law.
 7317  
 7318                             ARTICLE IX                            
 7319  
 7320         FINANCIAL RESPONSIBILITY.—
 7321         (1) A participating organization shall not be financially
 7322  responsible or liable for the obligations of any other
 7323  participating organization related to this agreement.
 7324         (2) The provisions of this agreement shall constitute
 7325  neither a waiver of any governmental immunity under Florida law
 7326  nor a waiver of any defenses of the parties under Florida law.
 7327  The provisions of this agreement are solely for the benefit of
 7328  its executors and not intended to create or grant any rights,
 7329  contractual or otherwise, to any person or entity.
 7330  
 7331                              ARTICLE X                            
 7332  
 7333         VENUE AND GOVERNING LAW.—The obligations of the parties to
 7334  this agreement are performable only within the county where the
 7335  participating organization is located, and statewide for the
 7336  Office of Supplier Diversity, and venue for any legal action in
 7337  connection with this agreement shall lie, for any participating
 7338  organization except the Office of Supplier Diversity,
 7339  exclusively in the county where the participating organization
 7340  is located. This agreement shall be governed by and construed in
 7341  accordance with the laws and court decisions of the state.
 7342  
 7343                             ARTICLE XI                            
 7344  
 7345         CONSTRUCTION AND SEVERABILITY.—This agreement shall be
 7346  liberally construed so as to effectuate the purposes thereof.
 7347  The provisions of this agreement shall be severable and if any
 7348  phrase, clause, sentence, or provision of this agreement is
 7349  declared to be contrary to the State Constitution or the United
 7350  States Constitution, or the application thereof to any
 7351  government, agency, person, or circumstance is held invalid, the
 7352  validity of the remainder of this agreement and the
 7353  applicability thereof to any government, agency, person, or
 7354  circumstance shall not be affected thereby. If this agreement
 7355  shall be held contrary to the State Constitution, the agreement
 7356  shall remain in full force and effect as to all severable
 7357  matters.
 7358         Section 125. Paragraphs (h) and (o) of subsection (4) of
 7359  section 287.09451, Florida Statutes, are amended to read:
 7360         287.09451 Office of Supplier Diversity; powers, duties, and
 7361  functions.—
 7362         (4) The Office of Supplier Diversity shall have the
 7363  following powers, duties, and functions:
 7364         (h) To develop procedures to investigate complaints against
 7365  minority business enterprises or contractors alleged to violate
 7366  any provision related to this section or s. 287.0943, that may
 7367  include visits to worksites or business premises, and to refer
 7368  all information on businesses suspected of misrepresenting
 7369  minority status to the Department of Management Services for
 7370  investigation. When an investigation is completed and there is
 7371  reason to believe that a violation has occurred, the Department
 7372  of Labor and Employment Security shall refer the matter shall be
 7373  referred to the office of the Attorney General, Department of
 7374  Legal Affairs, for prosecution.
 7375         (o)1. To establish a system to record and measure the use
 7376  of certified minority business enterprises in state contracting.
 7377  This system shall maintain information and statistics on
 7378  certified minority business enterprise participation, awards,
 7379  dollar volume of expenditures and agency goals, and other
 7380  appropriate types of information to analyze progress in the
 7381  access of certified minority business enterprises to state
 7382  contracts and to monitor agency compliance with this section.
 7383  Such reporting must include, but is not limited to, the
 7384  identification of all subcontracts in state contracting by
 7385  dollar amount and by number of subcontracts and the
 7386  identification of the utilization of certified minority business
 7387  enterprises as prime contractors and subcontractors by dollar
 7388  amounts of contracts and subcontracts, number of contracts and
 7389  subcontracts, minority status, industry, and any conditions or
 7390  circumstances that significantly affected the performance of
 7391  subcontractors. Agencies shall report their compliance with the
 7392  requirements of this reporting system at least annually and at
 7393  the request of the office. All agencies shall cooperate with the
 7394  office in establishing this reporting system. Except in
 7395  construction contracting, all agencies shall review contracts
 7396  costing in excess of CATEGORY FOUR as defined in s. 287.017 to
 7397  determine if such contracts could be divided into smaller
 7398  contracts to be separately solicited and awarded, and shall,
 7399  when economical, offer such smaller contracts to encourage
 7400  minority participation.
 7401         2. To report agency compliance with the provisions of
 7402  subparagraph 1. for the preceding fiscal year to the Governor
 7403  and Cabinet, the President of the Senate, and the Speaker of the
 7404  House of Representatives, and the secretary of the Department of
 7405  Labor and Employment Security on or before February 1 of each
 7406  year. The report must contain, at a minimum, the following:
 7407         a. Total expenditures of each agency by industry.
 7408         b. The dollar amount and percentage of contracts awarded to
 7409  certified minority business enterprises by each state agency.
 7410         c. The dollar amount and percentage of contracts awarded
 7411  indirectly to certified minority business enterprises as
 7412  subcontractors by each state agency.
 7413         d. The total dollar amount and percentage of contracts
 7414  awarded to certified minority business enterprises, whether
 7415  directly or indirectly, as subcontractors.
 7416         e. A statement and assessment of good faith efforts taken
 7417  by each state agency.
 7418         f. A status report of agency compliance with subsection
 7419  (6), as determined by the Minority Business Enterprise Office.
 7420         Section 126. Subsections (1) and (5) of section 287.0947,
 7421  Florida Statutes, are amended to read:
 7422         287.0947 Florida Advisory Council on Small and Minority
 7423  Business Development; creation; membership; duties.—
 7424         (1) On or after October 1, 1996, The Secretary of
 7425  Management Services the Department of Labor and Employment
 7426  Security may create the Florida Advisory Council on Small and
 7427  Minority Business Development with the purpose of advising and
 7428  assisting the secretary in carrying out the secretary’s duties
 7429  with respect to minority businesses and economic and business
 7430  development. It is the intent of the Legislature that the
 7431  membership of such council include practitioners, laypersons,
 7432  financiers, and others with business development experience who
 7433  can provide invaluable insight and expertise for this state in
 7434  the diversification of its markets and networking of business
 7435  opportunities. The council shall initially consist of 19
 7436  persons, each of whom is or has been actively engaged in small
 7437  and minority business development, either in private industry,
 7438  in governmental service, or as a scholar of recognized
 7439  achievement in the study of such matters. Initially, the council
 7440  shall consist of members representing all regions of the state
 7441  and shall include at least one member from each group identified
 7442  within the definition of “minority person” in s. 288.703(3),
 7443  considering also gender and nationality subgroups, and shall
 7444  consist of the following:
 7445         (a) Four members consisting of representatives of local and
 7446  federal small and minority business assistance programs or
 7447  community development programs.
 7448         (b) Eight members composed of representatives of the
 7449  minority private business sector, including certified minority
 7450  business enterprises and minority supplier development councils,
 7451  among whom at least two shall be women and at least four shall
 7452  be minority persons.
 7453         (c) Two representatives of local government, one of whom
 7454  shall be a representative of a large local government, and one
 7455  of whom shall be a representative of a small local government.
 7456         (d) Two representatives from the banking and insurance
 7457  industry.
 7458         (e) Two members from the private business sector,
 7459  representing the construction and commodities industries.
 7460         (f) A member from the board of directors of the Jobs
 7461  Florida Partnership, Inc The chairperson of the Florida Black
 7462  Business Investment Board or the chairperson’s designee.
 7463  
 7464  A candidate for appointment may be considered if eligible to be
 7465  certified as an owner of a minority business enterprise, or if
 7466  otherwise qualified under the criteria above. Vacancies may be
 7467  filled by appointment of the secretary, in the manner of the
 7468  original appointment.
 7469         (5) The powers and duties of the council include, but are
 7470  not limited to: researching and reviewing the role of small and
 7471  minority businesses in the state’s economy; reviewing issues and
 7472  emerging topics relating to small and minority business economic
 7473  development; studying the ability of financial markets and
 7474  institutions to meet small business credit needs and determining
 7475  the impact of government demands on credit for small businesses;
 7476  assessing the implementation of s. 187.201(21) 187.201(22),
 7477  requiring a state economic development comprehensive plan, as it
 7478  relates to small and minority businesses; assessing the
 7479  reasonableness and effectiveness of efforts by any state agency
 7480  or by all state agencies collectively to assist minority
 7481  business enterprises; and advising the Governor, the secretary,
 7482  and the Legislature on matters relating to small and minority
 7483  business development which are of importance to the
 7484  international strategic planning and activities of this state.
 7485         Section 127. Section 288.012, Florida Statutes, is amended
 7486  to read:
 7487         288.012 State of Florida international foreign offices.—The
 7488  Legislature finds that the expansion of international trade and
 7489  tourism is vital to the overall health and growth of the economy
 7490  of this state. This expansion is hampered by the lack of
 7491  technical and business assistance, financial assistance, and
 7492  information services for businesses in this state. The
 7493  Legislature finds that these businesses could be assisted by
 7494  providing these services at State of Florida international
 7495  foreign offices. The Legislature further finds that the
 7496  accessibility and provision of services at these offices can be
 7497  enhanced through cooperative agreements or strategic alliances
 7498  between private businesses and state entities, local entities,
 7499  and international governmental foreign entities, and private
 7500  businesses.
 7501         (1) Jobs Florida The Office of Tourism, Trade, and Economic
 7502  Development is authorized to:
 7503         (a) Establish and operate offices in other foreign
 7504  countries for the purpose of promoting the trade and economic
 7505  development opportunities of the state, and promoting the
 7506  gathering of trade data information and research on trade
 7507  opportunities in specific countries.
 7508         (b) Enter into agreements with governmental and private
 7509  sector entities to establish and operate offices in other
 7510  foreign countries containing provisions which may be in conflict
 7511  with general laws of the state pertaining to the purchase of
 7512  office space, employment of personnel, and contracts for
 7513  services. When agreements pursuant to this section are made
 7514  which set compensation in foreign currency, such agreements
 7515  shall be subject to the requirements of s. 215.425, but the
 7516  purchase of foreign currency by Jobs Florida the Office of
 7517  Tourism, Trade, and Economic Development to meet such
 7518  obligations shall be subject only to s. 216.311.
 7519         (2) Each international foreign office shall have in place
 7520  an operational plan approved by the participating boards or
 7521  other governing authority, a copy of which shall be provided to
 7522  Jobs Florida the Office of Tourism, Trade, and Economic
 7523  Development. These operating plans shall be reviewed and updated
 7524  each fiscal year and shall include, at a minimum, the following:
 7525         (a) Specific policies and procedures encompassing the
 7526  entire scope of the operation and management of each office.
 7527         (b) A comprehensive, commercial strategic plan identifying
 7528  marketing opportunities and industry sector priorities for the
 7529  foreign country or area in which an international a foreign
 7530  office is located.
 7531         (c) Provisions for access to information for Florida
 7532  businesses through the Florida Trade Data Center. Each
 7533  international foreign office shall obtain and forward trade
 7534  leads and inquiries to the center on a regular basis.
 7535         (d) Identification of new and emerging market opportunities
 7536  for Florida businesses. Each international foreign office shall
 7537  provide the Florida Trade Data Center with a compilation of
 7538  foreign buyers and importers in industry sector priority areas
 7539  on an annual basis. In return, the Florida Trade Data Center
 7540  shall make available to each international foreign office, and
 7541  to the Jobs Florida Partnership Enterprise Florida, Inc., the
 7542  Florida Commission on Tourism, the Florida Ports Council, the
 7543  Department of State, the Department of Citrus, and the
 7544  Department of Agriculture and Consumer Services, trade industry,
 7545  commodity, and opportunity information. This information shall
 7546  be provided to such offices and entities either free of charge
 7547  or on a fee basis with fees set only to recover the costs of
 7548  providing the information.
 7549         (e) Provision of access for Florida businesses to the
 7550  services of the Florida Trade Data Center, international trade
 7551  assistance services provided by state and local entities,
 7552  seaport and airport information, and other services identified
 7553  by Jobs Florida the Office of Tourism, Trade, and Economic
 7554  Development.
 7555         (f) Qualitative and quantitative performance measures for
 7556  each office, including, but not limited to, the number of
 7557  businesses assisted, the number of trade leads and inquiries
 7558  generated, the number of international foreign buyers and
 7559  importers contacted, and the amount and type of marketing
 7560  conducted.
 7561         (3) By October 1 of each year, each international foreign
 7562  office shall submit to Jobs Florida the Office of Tourism,
 7563  Trade, and Economic Development a complete and detailed report
 7564  on its activities and accomplishments during the preceding
 7565  fiscal year. In a format provided by the Jobs Florida
 7566  Partnership Enterprise Florida, Inc., the report must set forth
 7567  information on:
 7568         (a) The number of Florida companies assisted.
 7569         (b) The number of inquiries received about investment
 7570  opportunities in this state.
 7571         (c) The number of trade leads generated.
 7572         (d) The number of investment projects announced.
 7573         (e) The estimated U.S. dollar value of sales confirmations.
 7574         (f) The number of representation agreements.
 7575         (g) The number of company consultations.
 7576         (h) Barriers or other issues affecting the effective
 7577  operation of the office.
 7578         (i) Changes in office operations which are planned for the
 7579  current fiscal year.
 7580         (j) Marketing activities conducted.
 7581         (k) Strategic alliances formed with organizations in the
 7582  country in which the office is located.
 7583         (l) Activities conducted with Florida’s other Florida
 7584  international foreign offices.
 7585         (m) Any other information that the office believes would
 7586  contribute to an understanding of its activities.
 7587         (4) Jobs Florida The Office of Tourism, Trade, and Economic
 7588  Development, in connection with the establishment, operation,
 7589  and management of any of its offices located in another a
 7590  foreign country, is exempt from the provisions of ss. 255.21,
 7591  255.25, and 255.254 relating to leasing of buildings; ss. 283.33
 7592  and 283.35 relating to bids for printing; ss. 287.001-287.20
 7593  relating to purchasing and motor vehicles; and ss. 282.003
 7594  282.0056 and 282.702-282.7101 relating to communications, and
 7595  from all statutory provisions relating to state employment.
 7596         (a) Jobs Florida The Office of Tourism, Trade, and Economic
 7597  Development may exercise such exemptions only upon prior
 7598  approval of the Governor.
 7599         (b) If approval for an exemption under this section is
 7600  granted as an integral part of a plan of operation for a
 7601  specified international foreign office, such action shall
 7602  constitute continuing authority for Jobs Florida the Office of
 7603  Tourism, Trade, and Economic Development to exercise the
 7604  exemption, but only in the context and upon the terms originally
 7605  granted. Any modification of the approved plan of operation with
 7606  respect to an exemption contained therein must be resubmitted to
 7607  the Governor for his or her approval. An approval granted to
 7608  exercise an exemption in any other context shall be restricted
 7609  to the specific instance for which the exemption is to be
 7610  exercised.
 7611         (c) As used in this subsection, the term “plan of
 7612  operation” means the plan developed pursuant to subsection (2).
 7613         (d) Upon final action by the Governor with respect to a
 7614  request to exercise the exemption authorized in this subsection,
 7615  Jobs Florida the Office of Tourism, Trade, and Economic
 7616  Development shall report such action, along with the original
 7617  request and any modifications thereto, to the President of the
 7618  Senate and the Speaker of the House of Representatives within 30
 7619  days.
 7620         (5) Where feasible and appropriate, and subject to s.
 7621  288.1224(9), foreign offices established and operated under this
 7622  section may provide one-stop access to the economic development,
 7623  trade, and tourism information, services, and programs of the
 7624  state. Where feasible and appropriate, and subject to s.
 7625  288.1224(9), such offices may also be collocated with other
 7626  foreign offices of the state.
 7627         (6) Jobs Florida The Office of Tourism, Trade, and Economic
 7628  Development is authorized to make and to enter into contracts
 7629  with the Jobs Florida Partnership Enterprise Florida, Inc., and
 7630  the Florida Commission on Tourism to carry out the provisions of
 7631  this section. The authority, duties, and exemptions provided in
 7632  this section apply to the Jobs Florida Partnership Enterprise
 7633  Florida, Inc., and the Florida Commission on Tourism to the same
 7634  degree and subject to the same conditions as applied to Jobs
 7635  Florida the Office of Tourism, Trade, and Economic Development.
 7636  To the greatest extent possible, such contracts shall include
 7637  provisions for cooperative agreements or strategic alliances
 7638  between private businesses and state entities, international,
 7639  foreign entities, and local governmental entities, and private
 7640  businesses to operate international foreign offices.
 7641         Section 128. Subsections (1) and (3) of section 288.017,
 7642  Florida Statutes, are amended to read:
 7643         288.017 Cooperative advertising matching grants program.—
 7644         (1) The Florida Commission on Tourism is authorized to
 7645  establish a cooperative advertising matching grants program and,
 7646  pursuant thereto, to make expenditures and enter into contracts
 7647  with local governments and nonprofit corporations for the
 7648  purpose of publicizing the tourism advantages of the state. Jobs
 7649  Florida The Office of Tourism, Trade, and Economic Development,
 7650  based on recommendations from the Florida Commission on Tourism,
 7651  shall have final approval of grants awarded through this
 7652  program. The commission may contract with its direct-support
 7653  organization to administer the program.
 7654         (3) The Florida Commission on Tourism shall conduct an
 7655  annual competitive selection process for the award of grants
 7656  under the program. In determining its recommendations for the
 7657  grant awards, the commission shall consider the demonstrated
 7658  need of the applicant for advertising assistance, the
 7659  feasibility and projected benefit of the applicant’s proposal,
 7660  the amount of nonstate funds that will be leveraged, and such
 7661  other criteria as the commission deems appropriate. In
 7662  evaluating grant applications, Jobs Florida the Office shall
 7663  consider recommendations from the Florida Commission on Tourism.
 7664  Jobs Florida the Office, however, has final approval authority
 7665  for any grant under this section.
 7666         Section 129. Section 288.018, Florida Statutes, is amended
 7667  to read:
 7668         288.018 Regional Rural Development Grants Program.—
 7669         (1) Jobs Florida The Office of Tourism, Trade, and Economic
 7670  Development shall establish a matching grant program to provide
 7671  funding to regionally based economic development organizations
 7672  representing rural counties and communities for the purpose of
 7673  building the professional capacity of their organizations. Such
 7674  matching grants may also be used by an economic development
 7675  organization to provide technical assistance to businesses
 7676  within the rural counties and communities that it serves. Jobs
 7677  Florida The Office of Tourism, Trade, and Economic Development
 7678  is authorized to approve, on an annual basis, grants to such
 7679  regionally based economic development organizations. The maximum
 7680  amount an organization may receive in any year will be $35,000,
 7681  or $100,000 in a rural area of critical economic concern
 7682  recommended by the Rural Economic Development Initiative and
 7683  designated by the Governor, and must be matched each year by an
 7684  equivalent amount of nonstate resources.
 7685         (2) In approving the participants, Jobs Florida the Office
 7686  of Tourism, Trade, and Economic Development shall consider the
 7687  demonstrated need of the applicant for assistance and require
 7688  the following:
 7689         (a) Documentation of official commitments of support from
 7690  each of the units of local government represented by the
 7691  regional organization.
 7692         (b) Demonstration that each unit of local government has
 7693  made a financial or in-kind commitment to the regional
 7694  organization.
 7695         (c) Demonstration that the private sector has made
 7696  financial or in-kind commitments to the regional organization.
 7697         (d) Demonstration that the organization is in existence and
 7698  actively involved in economic development activities serving the
 7699  region.
 7700         (e) Demonstration of the manner in which the organization
 7701  is or will coordinate its efforts with those of other local and
 7702  state organizations.
 7703         (3) Jobs Florida The Office of Tourism, Trade, and Economic
 7704  Development may also contract for the development of an
 7705  enterprise zone web portal or websites for each enterprise zone
 7706  which will be used to market the program for job creation in
 7707  disadvantaged urban and rural enterprise zones. Each enterprise
 7708  zone web page should include downloadable links to state forms
 7709  and information, as well as local message boards that help
 7710  businesses and residents receive information concerning zone
 7711  boundaries, job openings, zone programs, and neighborhood
 7712  improvement activities.
 7713         (4) Jobs Florida The Office of Tourism, Trade, and Economic
 7714  Development may expend up to $750,000 each fiscal year from
 7715  funds appropriated to the Rural Community Development Revolving
 7716  Loan Fund for the purposes outlined in this section. Jobs
 7717  Florida The Office of Tourism, Trade, and Economic Development
 7718  may contract with the Jobs Florida Partnership Enterprise
 7719  Florida, Inc., for the administration of the purposes specified
 7720  in this section. Funds released to the Jobs Florida Partnership
 7721  Enterprise Florida, Inc., for this purpose shall be released
 7722  quarterly and shall be calculated based on the applications in
 7723  process.
 7724         Section 130. Subsection (4) of section 288.019, Florida
 7725  Statutes, is amended to read:
 7726         288.019 Rural considerations in grant review and evaluation
 7727  processes.—Notwithstanding any other law, and to the fullest
 7728  extent possible, the member agencies and organizations of the
 7729  Rural Economic Development Initiative (REDI) as defined in s.
 7730  288.0656(6)(a) shall review all grant and loan application
 7731  evaluation criteria to ensure the fullest access for rural
 7732  counties as defined in s. 288.0656(2) to resources available
 7733  throughout the state.
 7734         (4) For existing programs, the modified evaluation criteria
 7735  and scoring procedure must be delivered to Jobs Florida the
 7736  Office of Tourism, Trade, and Economic Development for
 7737  distribution to the REDI agencies and organizations. The REDI
 7738  agencies and organizations shall review and make comments.
 7739  Future rules, programs, evaluation criteria, and scoring
 7740  processes must be brought before a REDI meeting for review,
 7741  discussion, and recommendation to allow rural counties fuller
 7742  access to the state’s resources.
 7743         Section 131. Subsection (1) of section 288.021, Florida
 7744  Statutes, is amended to read:
 7745         288.021 Economic development liaison.—
 7746         (1) The heads of the Department of Transportation, the
 7747  Department of Environmental Protection and an additional member
 7748  appointed by the secretary of the department, the Department of
 7749  Labor and Employment Security, the Department of Education, the
 7750  Department of Community Affairs, the Department of Management
 7751  Services, the Department of Revenue, the Fish and Wildlife
 7752  Conservation Commission, each water management district, and
 7753  each Department of Transportation District office shall
 7754  designate a high-level staff member from within such agency to
 7755  serve as the economic development liaison for the agency. This
 7756  person shall report to the agency head and have general
 7757  knowledge both of the state’s permitting and other regulatory
 7758  functions and of the state’s economic goals, policies, and
 7759  programs. This person shall also be the primary point of contact
 7760  for the agency with Jobs Florida the Office of Tourism, Trade,
 7761  and Economic Development on issues and projects important to the
 7762  economic development of Florida, including its rural areas, to
 7763  expedite project review, to ensure a prompt, effective response
 7764  to problems arising with regard to permitting and regulatory
 7765  functions, and to work closely with the other economic
 7766  development liaisons to resolve interagency conflicts.
 7767         Section 132. Subsection (1) of section 288.035, Florida
 7768  Statutes, is amended to read:
 7769         288.035 Economic development activities.—
 7770         (1) The Florida Public Service Commission may authorize
 7771  public utilities to recover reasonable economic development
 7772  expenses. For purposes of this section, recoverable “economic
 7773  development expenses” are those expenses described in subsection
 7774  (2) which are consistent with criteria to be established by
 7775  rules adopted by Jobs Florida the Department of Commerce as of
 7776  June 30, 1996, or as those criteria are later modified by the
 7777  Office of Tourism, Trade, and Economic Development.
 7778         Section 133. Section 288.047, Florida Statutes, is amended
 7779  to read:
 7780         288.047 Quick-response training for economic development.—
 7781         (1) The Quick-Response Training Program is created within
 7782  Jobs Florida to meet the workforce-skill needs of existing, new,
 7783  and expanding industries. The program shall be administered in
 7784  conjunction with by Workforce Florida, Inc., the Jobs Florida
 7785  Partnership in conjunction with Enterprise Florida, Inc., and
 7786  the Department of Education. Workforce Florida, Inc., shall
 7787  adopt guidelines for the administration of this program.
 7788  Workforce Florida, Inc., shall provide technical services and
 7789  shall help to identify businesses that seek services through the
 7790  program. Workforce Florida, Inc., may contract with Enterprise
 7791  Florida, Inc., or administer this program directly, if it is
 7792  determined that such an arrangement maximizes the amount of the
 7793  Quick Response grant going to direct services.
 7794         (2) Jobs Florida Workforce Florida, Inc., shall ensure that
 7795  instruction funded pursuant to this section is not available
 7796  through the local community college or school district and that
 7797  the instruction promotes economic development by providing
 7798  specialized training to new workers or retraining for current
 7799  employees to meet changing skill requirements caused by new
 7800  technology or new product lines and to prevent potential
 7801  layoffs. Such funds may not be expended to provide training for
 7802  instruction related to retail businesses or to reimburse
 7803  businesses for trainee wages. Funds made available pursuant to
 7804  this section may not be expended in connection with the
 7805  relocation of a business from one community to another community
 7806  in this state unless Jobs Florida Workforce Florida, Inc.,
 7807  determines that without such relocation the business will move
 7808  outside this state or determines that the business has a
 7809  compelling economic rationale for the relocation which creates
 7810  additional jobs.
 7811         (3) Requests for funding through the Quick-Response
 7812  Training Program may be produced through inquiries from a
 7813  specific business or industry, inquiries from a school district
 7814  director of career education or community college occupational
 7815  dean on behalf of a business or industry, or through official
 7816  state or local economic development efforts. In allocating funds
 7817  for the purposes of the program, Jobs Florida Workforce Florida,
 7818  Inc., shall establish criteria for approval of requests for
 7819  funding and shall select the entity that provides the most
 7820  efficient, cost-effective instruction meeting such criteria.
 7821  Program funds may be allocated to any career center, community
 7822  college, or state university. Program funds may be allocated to
 7823  private postsecondary institutions only upon a review that
 7824  includes, but is not limited to, accreditation and licensure
 7825  documentation and prior approval by Jobs Florida Workforce
 7826  Florida, Inc. Instruction funded through the program must
 7827  terminate when participants demonstrate competence at the level
 7828  specified in the request; however, the grant term may not exceed
 7829  24 months. Costs and expenditures for the Quick-Response
 7830  Training Program must be documented and separated from those
 7831  incurred by the training provider.
 7832         (4) For the first 6 months of each fiscal year, Jobs
 7833  Florida Workforce Florida, Inc., shall set aside 30 percent of
 7834  the amount appropriated for the Quick-Response Training Program
 7835  by the Legislature to fund instructional programs for businesses
 7836  located in an enterprise zone or brownfield area. Any
 7837  unencumbered funds remaining undisbursed from this set-aside at
 7838  the end of the 6-month period may be used to provide funding for
 7839  any program qualifying for funding pursuant to this section.
 7840         (5) Before Prior to the allocation of funds for any request
 7841  pursuant to this section, Jobs Florida Workforce Florida, Inc.,
 7842  shall prepare a grant agreement between the business or industry
 7843  requesting funds, the educational institution receiving funding
 7844  through the program, and Jobs Florida Workforce Florida, Inc.
 7845  Such agreement must include, but is not limited to:
 7846         (a) An identification of the personnel necessary to conduct
 7847  the instructional program, the qualifications of such personnel,
 7848  and the respective responsibilities of the parties for paying
 7849  costs associated with the employment of such personnel.
 7850         (b) An identification of the estimated length of the
 7851  instructional program.
 7852         (c) An identification of all direct, training-related
 7853  costs, including tuition and fees, curriculum development, books
 7854  and classroom materials, and overhead or indirect costs, not to
 7855  exceed 5 percent of the grant amount.
 7856         (d) An identification of special program requirements that
 7857  are not addressed otherwise in the agreement.
 7858         (e) Permission to access information specific to the wages
 7859  and performance of participants upon the completion of
 7860  instruction for evaluation purposes. Information which, if
 7861  released, would disclose the identity of the person to whom the
 7862  information pertains or disclose the identity of the person’s
 7863  employer is confidential and exempt from the provisions of s.
 7864  119.07(1). The agreement must specify that any evaluations
 7865  published subsequent to the instruction may not identify the
 7866  employer or any individual participant.
 7867         (6) For the purposes of this section, Jobs Florida
 7868  Workforce Florida, Inc., may accept grants of money, materials,
 7869  services, or property of any kind from any agency, corporation,
 7870  or individual.
 7871         (7) In providing instruction pursuant to this section,
 7872  materials that relate to methods of manufacture or production,
 7873  potential trade secrets, business transactions, or proprietary
 7874  information received, produced, ascertained, or discovered by
 7875  employees of the respective departments, district school boards,
 7876  community college district boards of trustees, or other
 7877  personnel employed for the purposes of this section is
 7878  confidential and exempt from the provisions of s. 119.07(1). The
 7879  state may seek copyright protection for all instructional
 7880  materials and ancillary written documents developed wholly or
 7881  partially with state funds as a result of instruction provided
 7882  pursuant to this section, except for materials that are
 7883  confidential and exempt from the provisions of s. 119.07(1).
 7884         (8) There is created a Quick-Response Training Program for
 7885  participants in the welfare transition program. Workforce
 7886  Florida, Inc., in conjunction with Jobs Florida, may award
 7887  quick-response training grants and develop applicable guidelines
 7888  for the training of participants in the welfare transition
 7889  program. In addition to a local economic development
 7890  organization, grants must be endorsed by the applicable regional
 7891  workforce board.
 7892         (a) Training funded pursuant to this subsection may not
 7893  exceed 12 months, and may be provided by the local community
 7894  college, school district, regional workforce board, or the
 7895  business employing the participant, including on-the-job
 7896  training. Training will provide entry-level skills to new
 7897  workers, including those employed in retail, who are
 7898  participants in the welfare transition program.
 7899         (b) Participants trained pursuant to this subsection must
 7900  be employed at a wage not less than $6 per hour.
 7901         (c) Funds made available pursuant to this subsection may be
 7902  expended in connection with the relocation of a business from
 7903  one community to another community if approved by Workforce
 7904  Florida, Inc.
 7905         (9) Notwithstanding any other provision of law, eligible
 7906  matching contributions received under the Quick-Response
 7907  Training Program under this section may be counted toward the
 7908  private sector support of Enterprise Florida, Inc., under s.
 7909  288.90151(5)(d).
 7910         (9)(10)Jobs Florida Workforce Florida, Inc., and
 7911  Enterprise Florida, Inc., shall ensure maximum coordination and
 7912  cooperation in administering this section, in such a manner that
 7913  any division of responsibility between the two organizations
 7914  which relates to marketing or administering the Quick-Response
 7915  Training Program is not apparent to a business that inquires
 7916  about or applies for funding under this section. The
 7917  organizations shall provide such A business shall be provided
 7918  with a single point of contact for information and assistance.
 7919         Section 134. Subsections (1), (2), and (3) of section
 7920  288.065, Florida Statutes, are amended to read:
 7921         288.065 Rural Community Development Revolving Loan Fund.—
 7922         (1) The Rural Community Development Revolving Loan Fund
 7923  Program is established within Jobs Florida in the Office of
 7924  Tourism, Trade, and Economic Development to facilitate the use
 7925  of existing federal, state, and local financial resources by
 7926  providing local governments with financial assistance to further
 7927  promote the economic viability of rural communities. These funds
 7928  may be used to finance initiatives directed toward maintaining
 7929  or developing the economic base of rural communities, especially
 7930  initiatives addressing employment opportunities for residents of
 7931  these communities.
 7932         (2)(a) The program shall provide for long-term loans, loan
 7933  guarantees, and loan loss reserves to units of local
 7934  governments, or economic development organizations substantially
 7935  underwritten by a unit of local government, within counties with
 7936  populations of 75,000 or fewer, or within any county with a
 7937  population of 125,000 or fewer which is contiguous to a county
 7938  with a population of 75,000 or fewer, based on the most recent
 7939  official population estimate as determined under s. 186.901,
 7940  including those residing in incorporated areas and those
 7941  residing in unincorporated areas of the county, or to units of
 7942  local government, or economic development organizations
 7943  substantially underwritten by a unit of local government, within
 7944  a rural area of critical economic concern.
 7945         (b) Requests for loans shall be made by application to Jobs
 7946  Florida the Office of Tourism, Trade, and Economic Development.
 7947  Loans shall be made pursuant to agreements specifying the terms
 7948  and conditions agreed to between the applicant and Jobs Florida
 7949  the Office of Tourism, Trade, and Economic Development. The
 7950  loans shall be the legal obligations of the applicant.
 7951         (c) All repayments of principal and interest shall be
 7952  returned to the loan fund and made available for loans to other
 7953  applicants. However, in a rural area of critical economic
 7954  concern designated by the Governor, and upon approval by Jobs
 7955  Florida the Office of Tourism, Trade, and Economic Development,
 7956  repayments of principal and interest may be retained by the
 7957  applicant if such repayments are dedicated and matched to fund
 7958  regionally based economic development organizations representing
 7959  the rural area of critical economic concern.
 7960         (3) Jobs Florida The Office of Tourism, Trade, and Economic
 7961  Development shall manage the fund, establishing loan practices
 7962  that must include, but are not limited to, procedures for
 7963  establishing loan interest rates, uses of funding, application
 7964  procedures, and application review procedures. Jobs Florida The
 7965  Office of Tourism, Trade, and Economic Development shall have
 7966  final approval authority for any loan under this section.
 7967         Section 135. Subsections (1), (2), (3), and (4) of section
 7968  288.0655, Florida Statutes, are amended to read:
 7969         288.0655 Rural Infrastructure Fund.—
 7970         (1) There is created within Jobs Florida the Office of
 7971  Tourism, Trade, and Economic Development the Rural
 7972  Infrastructure Fund to facilitate the planning, preparing, and
 7973  financing of infrastructure projects in rural communities which
 7974  will encourage job creation, capital investment, and the
 7975  strengthening and diversification of rural economies by
 7976  promoting tourism, trade, and economic development.
 7977         (2)(a) Funds appropriated by the Legislature shall be
 7978  distributed by Jobs Florida the Office through grant programs
 7979  that maximize the use of federal, local, and private resources,
 7980  including, but not limited to, those available under the Small
 7981  Cities Community Development Block Grant Program.
 7982         (b) To facilitate access of rural communities and rural
 7983  areas of critical economic concern as defined by the Rural
 7984  Economic Development Initiative to infrastructure funding
 7985  programs of the Federal Government, such as those offered by the
 7986  United States Department of Agriculture and the United States
 7987  Department of Commerce, and state programs, including those
 7988  offered by Rural Economic Development Initiative agencies, and
 7989  to facilitate local government or private infrastructure funding
 7990  efforts, Jobs Florida the Office may award grants for up to 30
 7991  percent of the total infrastructure project cost. If an
 7992  application for funding is for a catalyst site, as defined in s.
 7993  288.0656, Jobs Florida the Office may award grants for up to 40
 7994  percent of the total infrastructure project cost. Eligible
 7995  projects must be related to specific job-creation or job
 7996  retention opportunities. Eligible projects may also include
 7997  improving any inadequate infrastructure that has resulted in
 7998  regulatory action that prohibits economic or community growth or
 7999  reducing the costs to community users of proposed infrastructure
 8000  improvements that exceed such costs in comparable communities.
 8001  Eligible uses of funds shall include improvements to public
 8002  infrastructure for industrial or commercial sites and upgrades
 8003  to or development of public tourism infrastructure. Authorized
 8004  infrastructure may include the following public or public
 8005  private partnership facilities: storm water systems;
 8006  telecommunications facilities; broadband facilities; roads or
 8007  other remedies to transportation impediments; nature-based
 8008  tourism facilities; or other physical requirements necessary to
 8009  facilitate tourism, trade, and economic development activities
 8010  in the community. Authorized infrastructure may also include
 8011  publicly or privately owned self-powered nature-based tourism
 8012  facilities, publicly owned telecommunications facilities, and
 8013  broadband facilities, and additions to the distribution
 8014  facilities of the existing natural gas utility as defined in s.
 8015  366.04(3)(c), the existing electric utility as defined in s.
 8016  366.02, or the existing water or wastewater utility as defined
 8017  in s. 367.021(12), or any other existing water or wastewater
 8018  facility, which owns a gas or electric distribution system or a
 8019  water or wastewater system in this state where:
 8020         1. A contribution-in-aid of construction is required to
 8021  serve public or public-private partnership facilities under the
 8022  tariffs of any natural gas, electric, water, or wastewater
 8023  utility as defined herein; and
 8024         2. Such utilities as defined herein are willing and able to
 8025  provide such service.
 8026         (c) To facilitate timely response and induce the location
 8027  or expansion of specific job creating opportunities, Jobs
 8028  Florida the Office may award grants for infrastructure
 8029  feasibility studies, design and engineering activities, or other
 8030  infrastructure planning and preparation activities. Authorized
 8031  grants shall be up to $50,000 for an employment project with a
 8032  business committed to create at least 100 jobs;, up to $150,000
 8033  for an employment project with a business committed to create at
 8034  least 300 jobs;, and up to $300,000 for a project in a rural
 8035  area of critical economic concern. Grants awarded under this
 8036  paragraph may be used in conjunction with grants awarded under
 8037  paragraph (b), provided that the total amount of both grants
 8038  does not exceed 30 percent of the total project cost. In
 8039  evaluating applications under this paragraph, Jobs Florida the
 8040  Office shall consider the extent to which the application seeks
 8041  to minimize administrative and consultant expenses.
 8042         (d) Jobs Florida By September 1, 1999, the Office shall
 8043  participate in pursue execution of a memorandum of agreement
 8044  with the United States Department of Agriculture under which
 8045  state funds available through the Rural Infrastructure Fund may
 8046  be advanced, in excess of the prescribed state share, for a
 8047  project that has received from the department a preliminary
 8048  determination of eligibility for federal financial support.
 8049  State funds in excess of the prescribed state share which are
 8050  advanced pursuant to this paragraph and the memorandum of
 8051  agreement shall be reimbursed when funds are awarded under an
 8052  application for federal funding.
 8053         (e) To enable local governments to access the resources
 8054  available pursuant to s. 403.973(18), Jobs Florida the Office
 8055  may award grants for surveys, feasibility studies, and other
 8056  activities related to the identification and preclearance review
 8057  of land which is suitable for preclearance review. Authorized
 8058  grants under this paragraph shall not exceed $75,000 each,
 8059  except in the case of a project in a rural area of critical
 8060  economic concern, in which case the grant shall not exceed
 8061  $300,000. Any funds awarded under this paragraph must be matched
 8062  at a level of 50 percent with local funds, except that any funds
 8063  awarded for a project in a rural area of critical economic
 8064  concern must be matched at a level of 33 percent with local
 8065  funds. If an application for funding is for a catalyst site, as
 8066  defined in s. 288.0656, the requirement for local match may be
 8067  waived pursuant to the process in s. 288.06561. In evaluating
 8068  applications under this paragraph, the office shall consider the
 8069  extent to which the application seeks to minimize administrative
 8070  and consultant expenses.
 8071         (3) Jobs Florida the office, in consultation with the Jobs
 8072  Florida Partnership Enterprise Florida, Inc., VISIT Florida, the
 8073  Department of Environmental Protection, and the Florida Fish and
 8074  Wildlife Conservation Commission, as appropriate, shall review
 8075  and certify applications pursuant to s. 288.061. The review
 8076  shall include an evaluation of the economic benefit of the
 8077  projects and their long-term viability. Jobs Florida The office
 8078  shall have final approval for any grant under this section.
 8079         (4) By September 1, 2011 1999, Jobs Florida the office
 8080  shall, in consultation with the organizations listed in
 8081  subsection (3), and other organizations, reevaluate existing
 8082  develop guidelines and criteria governing submission of
 8083  applications for funding, review and evaluation of such
 8084  applications, and approval of funding under this section. Jobs
 8085  Florida The office shall consider factors including, but not
 8086  limited to, the project’s potential for enhanced job creation or
 8087  increased capital investment, the demonstration and level of
 8088  local public and private commitment, whether the project is
 8089  located location of the project in an enterprise zone, the
 8090  location of the project in a community development corporation
 8091  service area, or in an urban high-crime area as the location of
 8092  the project in a county designated under s. 212.097, the
 8093  unemployment rate of the county in which the project would be
 8094  located surrounding area, and the poverty rate of the community.
 8095         Section 136. Paragraph (b) of subsection (1), paragraphs
 8096  (b) and (e) of subsection (2), paragraph (a) of subsection (6),
 8097  and subsection (7) of section 288.0656, Florida Statutes, are
 8098  amended to read:
 8099         288.0656 Rural Economic Development Initiative.—
 8100         (1)(b) The Rural Economic Development Initiative, known as
 8101  “REDI,” is created within Jobs Florida the Office of Tourism,
 8102  Trade, and Economic Development, and the participation of state
 8103  and regional agencies in this initiative is authorized.
 8104         (2) As used in this section, the term:
 8105         (b) “Catalyst site” means a parcel or parcels of land
 8106  within a rural area of critical economic concern that has been
 8107  prioritized as a geographic site for economic development
 8108  through partnerships with state, regional, and local
 8109  organizations. The site must be reviewed by REDI and approved by
 8110  Jobs Florida the Office of Tourism, Trade, and Economic
 8111  Development for the purposes of locating a catalyst project.
 8112         (e) “Rural community” means:
 8113         1. A county with a population of 75,000 or fewer.
 8114         2. A county with a population of 125,000 or fewer which is
 8115  contiguous to a county with a population of 75,000 or fewer.
 8116         3. A municipality within a county described in subparagraph
 8117  1. or subparagraph 2.
 8118         4. An unincorporated federal enterprise community or an
 8119  incorporated rural city with a population of 25,000 or fewer and
 8120  an employment base focused on traditional agricultural or
 8121  resource-based industries, located in a county not defined as
 8122  rural, which has at least three or more of the economic distress
 8123  factors identified in paragraph (c) and verified by Jobs Florida
 8124  the Office of Tourism, Trade, and Economic Development.
 8125  
 8126  For purposes of this paragraph, population shall be determined
 8127  in accordance with the most recent official estimate pursuant to
 8128  s. 186.901.
 8129         (6)(a) By August 1 of each year, the head of each of the
 8130  following agencies and organizations shall designate a deputy
 8131  secretary or higher-level staff person from within the agency or
 8132  organization to serve as the REDI representative for the agency
 8133  or organization:
 8134         1. The Department of Community Affairs.
 8135         1.2. The Department of Transportation.
 8136         2.3. The Department of Environmental Protection.
 8137         3.4. The Department of Agriculture and Consumer Services.
 8138         4.5. The Department of State.
 8139         5.6. The Department of Health.
 8140         6.7. The Department of Children and Family Services.
 8141         7.8. The Department of Corrections.
 8142         9.The Agency for Workforce Innovation.
 8143         8.10. The Department of Education.
 8144         9.11. The Department of Juvenile Justice.
 8145         10.12. The Fish and Wildlife Conservation Commission.
 8146         11.13. Each water management district.
 8147         12.14.The Jobs Florida Partnership Enterprise Florida,
 8148  Inc.
 8149         13.15. Workforce Florida, Inc.
 8150         16. The Florida Commission on Tourism or VISIT Florida.
 8151         14.17. The Florida Regional Planning Council Association.
 8152         15.18. The Agency for Health Care Administration.
 8153         16.19. The Institute of Food and Agricultural Sciences
 8154  (IFAS).
 8155  
 8156  An alternate for each designee shall also be chosen, and the
 8157  names of the designees and alternates shall be sent to the
 8158  director of Jobs Florida the Office of Tourism, Trade, and
 8159  Economic Development.
 8160         (7)(a) REDI may recommend to the Governor up to three rural
 8161  areas of critical economic concern. The Governor may by
 8162  executive order designate up to three rural areas of critical
 8163  economic concern which will establish these areas as priority
 8164  assignments for REDI as well as to allow the Governor, acting
 8165  through REDI, to waive criteria, requirements, or similar
 8166  provisions of any economic development incentive. Such
 8167  incentives shall include, but not be limited to: the Qualified
 8168  Target Industry Tax Refund Program under s. 288.106, the Quick
 8169  Response Training Program under s. 288.047, the Quick Response
 8170  Training Program for participants in the welfare transition
 8171  program under s. 288.047(8), transportation projects under s.
 8172  288.063, the brownfield redevelopment bonus refund under s.
 8173  288.107, and the rural job tax credit program under ss. 212.098
 8174  and 220.1895.
 8175         (b) Designation as a rural area of critical economic
 8176  concern under this subsection shall be contingent upon the
 8177  execution of a memorandum of agreement among Jobs Florida the
 8178  Office of Tourism, Trade, and Economic Development; the
 8179  governing body of the county; and the governing bodies of any
 8180  municipalities to be included within a rural area of critical
 8181  economic concern. Such agreement shall specify the terms and
 8182  conditions of the designation, including, but not limited to,
 8183  the duties and responsibilities of the county and any
 8184  participating municipalities to take actions designed to
 8185  facilitate the retention and expansion of existing businesses in
 8186  the area, as well as the recruitment of new businesses to the
 8187  area.
 8188         (c) Each rural area of critical economic concern may
 8189  designate catalyst projects, provided that each catalyst project
 8190  is specifically recommended by REDI, identified as a catalyst
 8191  project by the Jobs Florida Partnership Enterprise Florida,
 8192  Inc., and confirmed as a catalyst project by Jobs Florida the
 8193  Office of Tourism, Trade, and Economic Development. All state
 8194  agencies and departments shall use all available tools and
 8195  resources to the extent permissible by law to promote the
 8196  creation and development of each catalyst project and the
 8197  development of catalyst sites.
 8198         Section 137. Subsections (2) and (3) of section 288.06561,
 8199  Florida Statutes, are amended to read:
 8200         288.06561 Reduction or waiver of financial match
 8201  requirements.—Notwithstanding any other law, the member agencies
 8202  and organizations of the Rural Economic Development Initiative
 8203  (REDI), as defined in s. 288.0656(6)(a), shall review the
 8204  financial match requirements for projects in rural areas as
 8205  defined in s. 288.0656(2).
 8206         (2) Agencies and organizations shall ensure that all
 8207  proposals are submitted to Jobs Florida the Office of Tourism,
 8208  Trade, and Economic Development for review by the REDI agencies.
 8209         (3) These proposals shall be delivered to Jobs Florida the
 8210  Office of Tourism, Trade, and Economic Development for
 8211  distribution to the REDI agencies and organizations. A meeting
 8212  of REDI agencies and organizations must be called within 30 days
 8213  after receipt of such proposals for REDI comment and
 8214  recommendations on each proposal.
 8215         Section 138. Subsections (2) and (4) of section 288.0657,
 8216  Florida Statutes, are amended to read:
 8217         288.0657 Florida rural economic development strategy
 8218  grants.—
 8219         (2) Jobs Florida The Office of Tourism, Trade, and Economic
 8220  Development may accept and administer moneys appropriated to the
 8221  office for providing grants to assist rural communities to
 8222  develop and implement strategic economic development plans.
 8223         (4) Jobs Florida Enterprise Florida, Inc., and VISIT
 8224  Florida, shall establish criteria for reviewing grant
 8225  applications. These criteria shall include, but are not limited
 8226  to, the degree of participation and commitment by the local
 8227  community and the application’s consistency with local
 8228  comprehensive plans or the application’s proposal to ensure such
 8229  consistency. The International Trade and Economic Development
 8230  Board of Enterprise Florida, Inc., and VISIT Florida, Jobs
 8231  Florida shall review each application for a grant and shall
 8232  submit annually to the Office for approval a list of all
 8233  applications that are recommended by the board and VISIT
 8234  Florida, arranged in order of priority. Jobs Florida The office
 8235  may approve grants only to the extent that funds are
 8236  appropriated for such grants by the Legislature.
 8237         Section 139. Section 288.0658, Florida Statutes, is amended
 8238  to read:
 8239         288.0658 Nature-based recreation; promotion and other
 8240  assistance by Fish and Wildlife Conservation Commission.—The
 8241  Florida Fish and Wildlife Conservation Commission is directed to
 8242  assist the Jobs Florida Partnership, Inc. Florida Commission on
 8243  Tourism; the Florida Tourism Industry Marketing Corporation,
 8244  doing business as VISIT Florida; convention and visitor bureaus;
 8245  tourist development councils; economic development
 8246  organizations; and local governments through the provision of
 8247  marketing advice, technical expertise, promotional support, and
 8248  product development related to nature-based recreation and
 8249  sustainable use of natural resources. In carrying out this
 8250  responsibility, the Florida Fish and Wildlife Conservation
 8251  Commission shall focus its efforts on fostering nature-based
 8252  recreation in rural communities and regions encompassing rural
 8253  communities. As used in this section, the term “nature-based
 8254  recreation” means leisure activities related to the state’s
 8255  lands, waters, and fish and wildlife resources, including, but
 8256  not limited to, wildlife viewing, fishing, hiking, canoeing,
 8257  kayaking, camping, hunting, backpacking, and nature photography.
 8258         Section 140. Section 288.0659, Florida Statutes, is amended
 8259  to read:
 8260         288.0659 Local Government Distressed Area Matching Grant
 8261  Program.—
 8262         (1) The Local Government Distressed Area Matching Grant
 8263  Program is created within Jobs Florida the Office of Tourism,
 8264  Trade, and Economic Development. The purpose of the program is
 8265  to stimulate investment in the state’s economy by providing
 8266  grants to match demonstrated business assistance by local
 8267  governments to attract and retain businesses in this state.
 8268         (2) As used in this section, the term:
 8269         (a) “Local government” means a county or municipality.
 8270         (b) “Office” means the Office of Tourism, Trade, and
 8271  Economic Development.
 8272         (b)(c) “Qualified business assistance” means economic
 8273  incentives provided by a local government for the purpose of
 8274  attracting or retaining a specific business, including, but not
 8275  limited to, suspensions, waivers, or reductions of impact fees
 8276  or permit fees; direct incentive payments; expenditures for
 8277  onsite or offsite improvements directly benefiting a specific
 8278  business; or construction or renovation of buildings for a
 8279  specific business.
 8280         (3) Jobs Florida The Office may accept and administer
 8281  moneys appropriated by the Legislature to the Office for
 8282  providing grants to match expenditures by local governments to
 8283  attract or retain businesses in this state.
 8284         (4) A local government may apply for grants to match
 8285  qualified business assistance made by the local government for
 8286  the purpose of attracting or retaining a specific business. A
 8287  local government may apply for no more than one grant per
 8288  targeted business. A local government may only have one
 8289  application pending with Jobs Florida the Office. Additional
 8290  applications may be filed after a previous application has been
 8291  approved or denied.
 8292         (5) To qualify for a grant, the business being targeted by
 8293  a local government must create at least 15 full-time jobs, must
 8294  be new to this state, must be expanding its operations in this
 8295  state, or would otherwise leave the state absent state and local
 8296  assistance, and the local government applying for the grant must
 8297  expedite its permitting processes for the target business by
 8298  accelerating the normal review and approval timelines. In
 8299  addition to these requirements, Jobs Florida the office shall
 8300  review the grant requests using the following evaluation
 8301  criteria, with priority given in descending order:
 8302         (a) The presence and degree of pervasive poverty,
 8303  unemployment, and general distress as determined pursuant to s.
 8304  290.0058 in the area where the business will locate, with
 8305  priority given to locations with greater degrees of poverty,
 8306  unemployment, and general distress.
 8307         (b) The extent of reliance on the local government
 8308  expenditure as an inducement for the business’s location
 8309  decision, with priority given to higher levels of local
 8310  government expenditure.
 8311         (c) The number of new full-time jobs created, with priority
 8312  given to higher numbers of jobs created.
 8313         (d) The average hourly wage for jobs created, with priority
 8314  given to higher average wages.
 8315         (e) The amount of capital investment to be made by the
 8316  business, with priority given to higher amounts of capital
 8317  investment.
 8318         (6) In evaluating grant requests, Jobs Florida the Office
 8319  shall take into consideration the need for grant assistance as
 8320  it relates to the local government’s general fund balance as
 8321  well as local incentive programs that are already in existence.
 8322         (7) Funds made available pursuant to this section may not
 8323  be expended in connection with the relocation of a business from
 8324  one community to another community in this state unless Jobs
 8325  Florida the Office determines that without such relocation the
 8326  business will move outside this state or determines that the
 8327  business has a compelling economic rationale for the relocation
 8328  which creates additional jobs. Funds made available pursuant to
 8329  this section may not be used by the receiving local government
 8330  to supplant matching commitments required of the local
 8331  government pursuant to other state or federal incentive
 8332  programs.
 8333         (8) Within 30 days after Jobs Florida the Office receives
 8334  an application for a grant, Jobs Florida the Office shall
 8335  approve a preliminary grant allocation or disapprove the
 8336  application. The preliminary grant allocation shall be based on
 8337  estimates of qualified business assistance submitted by the
 8338  local government and shall equal 50 percent of the amount of the
 8339  estimated qualified business assistance or $50,000, whichever is
 8340  less. The preliminary grant allocation shall be executed by
 8341  contract with the local government. The contract shall set forth
 8342  the terms and conditions, including the timeframes within which
 8343  the final grant award will be disbursed. The final grant award
 8344  may not exceed the preliminary grant allocation. Jobs Florida
 8345  the Office may approve preliminary grant allocations only to the
 8346  extent that funds are appropriated for such grants by the
 8347  Legislature.
 8348         (a) Preliminary grant allocations that are revoked or
 8349  voluntarily surrendered shall be immediately available for
 8350  reallocation.
 8351         (b) Recipients of preliminary grant allocations shall
 8352  promptly report to Jobs Florida the Office the date on which the
 8353  local government’s permitting and approval process is completed
 8354  and the date on which all qualified business assistance is
 8355  completed.
 8356         (9) Jobs Florida the Office shall make a final grant award
 8357  to a local government within 30 days after receiving information
 8358  from the local government sufficient to demonstrate actual
 8359  qualified business assistance. An awarded grant amount shall
 8360  equal 50 percent of the amount of the qualified business
 8361  assistance or $50,000, whichever is less, and may not exceed the
 8362  preliminary grant allocation. The amount by which a preliminary
 8363  grant allocation exceeds a final grant award shall be
 8364  immediately available for reallocation.
 8365         (10) Up to 2 percent of the funds appropriated annually by
 8366  the Legislature for the program may be used by Jobs Florida the
 8367  Office for direct administrative costs associated with
 8368  implementing this section.
 8369         Section 141. Paragraph (a) of subsection (1) of section
 8370  288.075, Florida Statutes, is amended to read:
 8371         288.075 Confidentiality of records.—
 8372         (1) DEFINITIONS.—As used in this section, the term:
 8373         (a) “Economic development agency” means:
 8374         1. Jobs Florida The Office of Tourism, Trade, and Economic
 8375  Development;
 8376         2. Any industrial development authority created in
 8377  accordance with part III of chapter 159 or by special law;
 8378         3. Space Florida created in part II of chapter 331;
 8379         4. The public economic development agency of a county or
 8380  municipality or, if the county or municipality does not have a
 8381  public economic development agency, the county or municipal
 8382  officers or employees assigned the duty to promote the general
 8383  business interests or industrial interests of that county or
 8384  municipality or the responsibilities related thereto;
 8385         5. Any research and development authority created in
 8386  accordance with part V of chapter 159; or
 8387         6. Any private agency, person, partnership, corporation, or
 8388  business entity when authorized by the state, a municipality, or
 8389  a county to promote the general business interests or industrial
 8390  interests of the state or that municipality or county.
 8391         Section 142. Paragraphs (c), (h), (p), and (r) of
 8392  subsection (1), paragraphs (a), (d), (e), (f), (h) of subsection
 8393  (2), subsections (3) and (4), paragraphs (a), (d), (e), and (g)
 8394  of subsection (5), paragraphs (a), (b), and (c) of subsection
 8395  (6), and subsections (7) and (8) of section 288.1045, Florida
 8396  Statutes, are amended, and present paragraphs (i) through (u) of
 8397  subsection (1) are redesignated as paragraphs (h) through (s),
 8398  respectively, to read:
 8399         288.1045 Qualified defense contractor and space flight
 8400  business tax refund program.—
 8401         (1) DEFINITIONS.—As used in this section:
 8402         (c) “Business unit” means an employing unit, as defined in
 8403  s. 443.036, that is registered with Jobs Florida the Agency for
 8404  Workforce Innovation for unemployment compensation purposes or
 8405  means a subcategory or division of an employing unit that is
 8406  accepted by Jobs Florida the Agency for Workforce Innovation as
 8407  a reporting unit.
 8408         (h) “Director” means the director of the Office of Tourism,
 8409  Trade, and Economic Development.
 8410         (p) “Office” means the Office of Tourism, Trade, and
 8411  Economic Development.
 8412         (p)(r) “Qualified applicant” means an applicant that has
 8413  been approved by Jobs Florida the director to be eligible for
 8414  tax refunds pursuant to this section.
 8415         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
 8416         (a) There shall be allowed, from the Economic Development
 8417  Trust Fund, a refund to a qualified applicant for the amount of
 8418  eligible taxes certified by Jobs Florida the director which were
 8419  paid by such qualified applicant. The total amount of refunds
 8420  for all fiscal years for each qualified applicant shall be
 8421  determined pursuant to subsection (3). The annual amount of a
 8422  refund to a qualified applicant shall be determined pursuant to
 8423  subsection (5).
 8424         (d) Contingent upon an annual appropriation by the
 8425  Legislature, Jobs Florida the director may approve not more in
 8426  tax refunds than the amount appropriated to the Economic
 8427  Development Trust Fund for tax refunds, for a fiscal year
 8428  pursuant to subsection (5) and s. 288.095.
 8429         (e) For the first 6 months of each fiscal year, Jobs
 8430  Florida the director shall set aside 30 percent of the amount
 8431  appropriated for refunds pursuant to this section by the
 8432  Legislature to provide tax refunds only to qualified applicants
 8433  who employ 500 or fewer full-time employees in this state. Any
 8434  unencumbered funds remaining undisbursed from this set-aside at
 8435  the end of the 6-month period may be used to provide tax refunds
 8436  for any qualified applicants pursuant to this section.
 8437         (f) After entering into a tax refund agreement pursuant to
 8438  subsection (4), a qualified applicant may:
 8439         1. Receive refunds from the account for corporate income
 8440  taxes due and paid pursuant to chapter 220 by that business
 8441  beginning with the first taxable year of the business which
 8442  begins after entering into the agreement.
 8443         2. Receive refunds from the account for the following taxes
 8444  due and paid by that business after entering into the agreement:
 8445         a. Taxes on sales, use, and other transactions paid
 8446  pursuant to chapter 212.
 8447         b. Intangible personal property taxes paid pursuant to
 8448  chapter 199.
 8449         c. Emergency excise taxes paid pursuant to chapter 221.
 8450         d. Excise taxes paid on documents pursuant to chapter 201.
 8451         e. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
 8452  June 1, 1996.
 8453         f. State communications services taxes administered under
 8454  chapter 202. This provision does not apply to the gross receipts
 8455  tax imposed under chapter 203 and administered under chapter 202
 8456  or the local communications services tax authorized under s.
 8457  202.19.
 8458  
 8459  However, a qualified applicant may not receive a tax refund
 8460  pursuant to this section for any amount of credit, refund, or
 8461  exemption granted such contractor for any of such taxes. If a
 8462  refund for such taxes is provided by Jobs Florida the Office,
 8463  which taxes are subsequently adjusted by the application of any
 8464  credit, refund, or exemption granted to the qualified applicant
 8465  other than that provided in this section, the qualified
 8466  applicant shall reimburse the Economic Development Trust Fund
 8467  for the amount of such credit, refund, or exemption. A qualified
 8468  applicant must notify and tender payment to the office within 20
 8469  days after receiving a credit, refund, or exemption, other than
 8470  that provided in this section. The addition of communications
 8471  services taxes administered under chapter 202 is remedial in
 8472  nature and retroactive to October 1, 2001. The Office may make
 8473  supplemental tax refund payments to allow for tax refunds for
 8474  communications services taxes paid by an eligible qualified
 8475  defense contractor after October 1, 2001.
 8476         (h) Funds made available pursuant to this section may not
 8477  be expended in connection with the relocation of a business from
 8478  one community to another community in this state unless Jobs
 8479  Florida the Office of Tourism, Trade, and Economic Development
 8480  determines that without such relocation the business will move
 8481  outside this state or determines that the business has a
 8482  compelling economic rationale for the relocation which creates
 8483  additional jobs.
 8484         (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
 8485  DETERMINATION.—
 8486         (a) To apply for certification as a qualified applicant
 8487  pursuant to this section, an applicant must file an application
 8488  with Jobs Florida the Office which satisfies the requirements of
 8489  paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
 8490  and (e), or paragraphs (e) and (j). An applicant may not apply
 8491  for certification pursuant to this section after a proposal has
 8492  been submitted for a new Department of Defense contract, after
 8493  the applicant has made the decision to consolidate an existing
 8494  Department of Defense contract in this state for which such
 8495  applicant is seeking certification, after a proposal has been
 8496  submitted for a new space flight business contract in this
 8497  state, after the applicant has made the decision to consolidate
 8498  an existing space flight business contract in this state for
 8499  which such applicant is seeking certification, or after the
 8500  applicant has made the decision to convert defense production
 8501  jobs to nondefense production jobs for which such applicant is
 8502  seeking certification.
 8503         (b) Applications for certification based on the
 8504  consolidation of a Department of Defense contract or a new
 8505  Department of Defense contract must be submitted to Jobs Florida
 8506  the Office as prescribed by Jobs Florida the Office and must
 8507  include, but are not limited to, the following information:
 8508         1. The applicant’s federal employer identification number,
 8509  the applicant’s Florida sales tax registration number, and a
 8510  signature of an officer of the applicant.
 8511         2. The permanent location of the manufacturing, assembling,
 8512  fabricating, research, development, or design facility in this
 8513  state at which the project is or is to be located.
 8514         3. The Department of Defense contract numbers of the
 8515  contract to be consolidated, the new Department of Defense
 8516  contract number, or the “RFP” number of a proposed Department of
 8517  Defense contract.
 8518         4. The date the contract was executed or is expected to be
 8519  executed, and the date the contract is due to expire or is
 8520  expected to expire.
 8521         5. The commencement date for project operations under the
 8522  contract in this state.
 8523         6. The number of net new full-time equivalent Florida jobs
 8524  included in the project as of December 31 of each year and the
 8525  average wage of such jobs.
 8526         7. The total number of full-time equivalent employees
 8527  employed by the applicant in this state.
 8528         8. The percentage of the applicant’s gross receipts derived
 8529  from Department of Defense contracts during the 5 taxable years
 8530  immediately preceding the date the application is submitted.
 8531         9. The number of full-time equivalent jobs in this state to
 8532  be retained by the project.
 8533         10. A brief statement concerning the applicant’s need for
 8534  tax refunds, and the proposed uses of such refunds by the
 8535  applicant.
 8536         11. A resolution adopted by the governing board of the
 8537  county or municipality in which the project will be located,
 8538  which recommends the applicant be approved as a qualified
 8539  applicant, and which indicates that the necessary commitments of
 8540  local financial support for the applicant exist. Prior to the
 8541  adoption of the resolution, the county commission may review the
 8542  proposed public or private sources of such support and determine
 8543  whether the proposed sources of local financial support can be
 8544  provided or, for any applicant whose project is located in a
 8545  county designated by the Rural Economic Development Initiative,
 8546  a resolution adopted by the county commissioners of such county
 8547  requesting that the applicant’s project be exempt from the local
 8548  financial support requirement.
 8549         12. Any additional information requested by Jobs Florida
 8550  the Office.
 8551         (c) Applications for certification based on the conversion
 8552  of defense production jobs to nondefense production jobs must be
 8553  submitted to Jobs Florida the Office as prescribed by Jobs
 8554  Florida the Office and must include, but are not limited to, the
 8555  following information:
 8556         1. The applicant’s federal employer identification number,
 8557  the applicant’s Florida sales tax registration number, and a
 8558  signature of an officer of the applicant.
 8559         2. The permanent location of the manufacturing, assembling,
 8560  fabricating, research, development, or design facility in this
 8561  state at which the project is or is to be located.
 8562         3. The Department of Defense contract numbers of the
 8563  contract under which the defense production jobs will be
 8564  converted to nondefense production jobs.
 8565         4. The date the contract was executed, and the date the
 8566  contract is due to expire or is expected to expire, or was
 8567  canceled.
 8568         5. The commencement date for the nondefense production
 8569  operations in this state.
 8570         6. The number of net new full-time equivalent Florida jobs
 8571  included in the nondefense production project as of December 31
 8572  of each year and the average wage of such jobs.
 8573         7. The total number of full-time equivalent employees
 8574  employed by the applicant in this state.
 8575         8. The percentage of the applicant’s gross receipts derived
 8576  from Department of Defense contracts during the 5 taxable years
 8577  immediately preceding the date the application is submitted.
 8578         9. The number of full-time equivalent jobs in this state to
 8579  be retained by the project.
 8580         10. A brief statement concerning the applicant’s need for
 8581  tax refunds, and the proposed uses of such refunds by the
 8582  applicant.
 8583         11. A resolution adopted by the governing board of the
 8584  county or municipality in which the project will be located,
 8585  which recommends the applicant be approved as a qualified
 8586  applicant, and which indicates that the necessary commitments of
 8587  local financial support for the applicant exist. Prior to the
 8588  adoption of the resolution, the county commission may review the
 8589  proposed public or private sources of such support and determine
 8590  whether the proposed sources of local financial support can be
 8591  provided or, for any applicant whose project is located in a
 8592  county designated by the Rural Economic Development Initiative,
 8593  a resolution adopted by the county commissioners of such county
 8594  requesting that the applicant’s project be exempt from the local
 8595  financial support requirement.
 8596         12. Any additional information requested by Jobs Florida
 8597  the Office.
 8598         (d) Applications for certification based on a contract for
 8599  reuse of a defense-related facility must be submitted to Jobs
 8600  Florida the Office as prescribed by the office and must include,
 8601  but are not limited to, the following information:
 8602         1. The applicant’s Florida sales tax registration number
 8603  and a signature of an officer of the applicant.
 8604         2. The permanent location of the manufacturing, assembling,
 8605  fabricating, research, development, or design facility in this
 8606  state at which the project is or is to be located.
 8607         3. The business entity holding a valid Department of
 8608  Defense contract or branch of the Armed Forces of the United
 8609  States that previously occupied the facility, and the date such
 8610  entity last occupied the facility.
 8611         4. A copy of the contract to reuse the facility, or such
 8612  alternative proof as may be prescribed by the office that the
 8613  applicant is seeking to contract for the reuse of such facility.
 8614         5. The date the contract to reuse the facility was executed
 8615  or is expected to be executed, and the date the contract is due
 8616  to expire or is expected to expire.
 8617         6. The commencement date for project operations under the
 8618  contract in this state.
 8619         7. The number of net new full-time equivalent Florida jobs
 8620  included in the project as of December 31 of each year and the
 8621  average wage of such jobs.
 8622         8. The total number of full-time equivalent employees
 8623  employed by the applicant in this state.
 8624         9. The number of full-time equivalent jobs in this state to
 8625  be retained by the project.
 8626         10. A brief statement concerning the applicant’s need for
 8627  tax refunds, and the proposed uses of such refunds by the
 8628  applicant.
 8629         11. A resolution adopted by the governing board of the
 8630  county or municipality in which the project will be located,
 8631  which recommends the applicant be approved as a qualified
 8632  applicant, and which indicates that the necessary commitments of
 8633  local financial support for the applicant exist. Prior to the
 8634  adoption of the resolution, the county commission may review the
 8635  proposed public or private sources of such support and determine
 8636  whether the proposed sources of local financial support can be
 8637  provided or, for any applicant whose project is located in a
 8638  county designated by the Rural Economic Development Initiative,
 8639  a resolution adopted by the county commissioners of such county
 8640  requesting that the applicant’s project be exempt from the local
 8641  financial support requirement.
 8642         12. Any additional information requested by Jobs Florida
 8643  the Office.
 8644         (e) To qualify for review by Jobs Florida the Office, the
 8645  application of an applicant must, at a minimum, establish the
 8646  following to the satisfaction of the office:
 8647         1. The jobs proposed to be provided under the application,
 8648  pursuant to subparagraph (b)6., subparagraph (c)6., or
 8649  subparagraph (j)6., must pay an estimated annual average wage
 8650  equaling at least 115 percent of the average wage in the area
 8651  where the project is to be located.
 8652         2. The consolidation of a Department of Defense contract
 8653  must result in a net increase of at least 25 percent in the
 8654  number of jobs at the applicant’s facilities in this state or
 8655  the addition of at least 80 jobs at the applicant’s facilities
 8656  in this state.
 8657         3. The conversion of defense production jobs to nondefense
 8658  production jobs must result in net increases in nondefense
 8659  employment at the applicant’s facilities in this state.
 8660         4. The Department of Defense contract or the space flight
 8661  business contract cannot allow the business to include the costs
 8662  of relocation or retooling in its base as allowable costs under
 8663  a cost-plus, or similar, contract.
 8664         5. A business unit of the applicant must have derived not
 8665  less than 60 percent of its gross receipts in this state from
 8666  Department of Defense contracts or space flight business
 8667  contracts over the applicant’s last fiscal year, and must have
 8668  derived not less than an average of 60 percent of its gross
 8669  receipts in this state from Department of Defense contracts or
 8670  space flight business contracts over the 5 years preceding the
 8671  date an application is submitted pursuant to this section. This
 8672  subparagraph does not apply to any application for certification
 8673  based on a contract for reuse of a defense-related facility.
 8674         6. The reuse of a defense-related facility must result in
 8675  the creation of at least 100 jobs at such facility.
 8676         7. A new space flight business contract or the
 8677  consolidation of a space flight business contract must result in
 8678  net increases in space flight business employment at the
 8679  applicant’s facilities in this state.
 8680         (f) Each application meeting the requirements of paragraphs
 8681  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 8682  paragraphs (e) and (j) must be submitted to the office for a
 8683  determination of eligibility. Jobs Florida the Office shall
 8684  review and evaluate each application based on, but not limited
 8685  to, the following criteria:
 8686         1. Expected contributions to the state strategic economic
 8687  development plan adopted by the Jobs Florida Partnership
 8688  Enterprise Florida, Inc., taking into account the extent to
 8689  which the project contributes to the state’s high-technology
 8690  base, and the long-term impact of the project and the applicant
 8691  on the state’s economy.
 8692         2. The economic benefit of the jobs created or retained by
 8693  the project in this state, taking into account the cost and
 8694  average wage of each job created or retained, and the potential
 8695  risk to existing jobs.
 8696         3. The amount of capital investment to be made by the
 8697  applicant in this state.
 8698         4. The local commitment and support for the project and
 8699  applicant.
 8700         5. The impact of the project on the local community, taking
 8701  into account the unemployment rate for the county where the
 8702  project will be located.
 8703         6. The dependence of the local community on the defense
 8704  industry or space flight business.
 8705         7. The impact of any tax refunds granted pursuant to this
 8706  section on the viability of the project and the probability that
 8707  the project will occur in this state if such tax refunds are
 8708  granted to the applicant, taking into account the expected long
 8709  term commitment of the applicant to economic growth and
 8710  employment in this state.
 8711         8. The length of the project, or the expected long-term
 8712  commitment to this state resulting from the project.
 8713         (g) Applications shall be reviewed and certified pursuant
 8714  to s. 288.061. If appropriate, Jobs Florida the director shall
 8715  enter into a written agreement with the qualified applicant
 8716  pursuant to subsection (4).
 8717         (h) Jobs Florida The director may not certify any applicant
 8718  as a qualified applicant when the value of tax refunds to be
 8719  included in that letter of certification exceeds the available
 8720  amount of authority to certify new businesses as determined in
 8721  s. 288.095(3). A letter of certification that approves an
 8722  application must specify the maximum amount of a tax refund that
 8723  is to be available to the contractor for each fiscal year and
 8724  the total amount of tax refunds for all fiscal years.
 8725         (i) This section does not create a presumption that an
 8726  applicant should receive any tax refunds under this section.
 8727         (j) Applications for certification based upon a new space
 8728  flight business contract or the consolidation of a space flight
 8729  business contract must be submitted to the office as prescribed
 8730  by the office and must include, but are not limited to, the
 8731  following information:
 8732         1. The applicant’s federal employer identification number,
 8733  the applicant’s Florida sales tax registration number, and a
 8734  signature of an officer of the applicant.
 8735         2. The permanent location of the space flight business
 8736  facility in this state where the project is or will be located.
 8737         3. The new space flight business contract number, the space
 8738  flight business contract numbers of the contract to be
 8739  consolidated, or the request-for-proposal number of a proposed
 8740  space flight business contract.
 8741         4. The date the contract was executed and the date the
 8742  contract is due to expire, is expected to expire, or was
 8743  canceled.
 8744         5. The commencement date for project operations under the
 8745  contract in this state.
 8746         6. The number of net new full-time equivalent Florida jobs
 8747  included in the project as of December 31 of each year and the
 8748  average wage of such jobs.
 8749         7. The total number of full-time equivalent employees
 8750  employed by the applicant in this state.
 8751         8. The percentage of the applicant’s gross receipts derived
 8752  from space flight business contracts during the 5 taxable years
 8753  immediately preceding the date the application is submitted.
 8754         9. The number of full-time equivalent jobs in this state to
 8755  be retained by the project.
 8756         10. A brief statement concerning the applicant’s need for
 8757  tax refunds and the proposed uses of such refunds by the
 8758  applicant.
 8759         11. A resolution adopted by the governing board of the
 8760  county or municipality in which the project will be located
 8761  which recommends the applicant be approved as a qualified
 8762  applicant and indicates that the necessary commitments of local
 8763  financial support for the applicant exist. Prior to the adoption
 8764  of the resolution, the county commission may review the proposed
 8765  public or private sources of such support and determine whether
 8766  the proposed sources of local financial support can be provided
 8767  or, for any applicant whose project is located in a county
 8768  designated by the Rural Economic Development Initiative, a
 8769  resolution adopted by the county commissioners of such county
 8770  requesting that the applicant’s project be exempt from the local
 8771  financial support requirement.
 8772         12. Any additional information requested by Jobs Florida
 8773  the office.
 8774         (4) QUALIFIED APPLICANT TAX REFUND AGREEMENT.—
 8775         (a) A qualified applicant shall enter into a written
 8776  agreement with Jobs Florida the Office containing, but not
 8777  limited to, the following:
 8778         1. The total number of full-time equivalent jobs in this
 8779  state that are or will be dedicated to the qualified applicant’s
 8780  project, the average wage of such jobs, the definitions that
 8781  will apply for measuring the achievement of these terms during
 8782  the pendency of the agreement, and a time schedule or plan for
 8783  when such jobs will be in place and active in this state.
 8784         2. The maximum amount of a refund that the qualified
 8785  applicant is eligible to receive for each fiscal year, based on
 8786  the job creation or retention and maintenance schedule specified
 8787  in subparagraph 1.
 8788         3. An agreement with Jobs Florida the Office allowing Jobs
 8789  Florida the Office to review and verify the financial and
 8790  personnel records of the qualified applicant to ascertain
 8791  whether the qualified applicant is complying with the
 8792  requirements of this section.
 8793         4. The date by which, in each fiscal year, the qualified
 8794  applicant may file a claim pursuant to subsection (5) to be
 8795  considered to receive a tax refund in the following fiscal year.
 8796         5. That local financial support shall be annually available
 8797  and will be paid to the Economic Development Trust Fund.
 8798         (b) Compliance with the terms and conditions of the
 8799  agreement is a condition precedent for receipt of tax refunds
 8800  each year. The failure to comply with the terms and conditions
 8801  of the agreement shall result in the loss of eligibility for
 8802  receipt of all tax refunds previously authorized pursuant to
 8803  this section, and the revocation of the certification as a
 8804  qualified applicant by Jobs Florida the director, unless the
 8805  qualified applicant is eligible to receive and elects to accept
 8806  a prorated refund under paragraph (5)(g) or Jobs Florida the
 8807  Office grants the qualified applicant an economic-stimulus
 8808  exemption.
 8809         1. A qualified applicant may submit, in writing, a request
 8810  to Jobs Florida the Office for an economic-stimulus exemption.
 8811  The request must provide quantitative evidence demonstrating how
 8812  negative economic conditions in the qualified applicant’s
 8813  industry, the effects of the impact of a named hurricane or
 8814  tropical storm, or specific acts of terrorism affecting the
 8815  qualified applicant have prevented the qualified applicant from
 8816  complying with the terms and conditions of its tax refund
 8817  agreement.
 8818         2. Upon receipt of a request under subparagraph 1., Jobs
 8819  Florida the director shall have 45 days to notify the requesting
 8820  qualified applicant, in writing, if its exemption has been
 8821  granted or denied. In determining if an exemption should be
 8822  granted, Jobs Florida the director shall consider the extent to
 8823  which negative economic conditions in the requesting qualified
 8824  applicant’s industry, the effects of the impact of a named
 8825  hurricane or tropical storm, or specific acts of terrorism
 8826  affecting the qualified applicant have prevented the qualified
 8827  applicant from complying with the terms and conditions of its
 8828  tax refund agreement.
 8829         3. As a condition for receiving a prorated refund under
 8830  paragraph (5)(g) or an economic-stimulus exemption under this
 8831  paragraph, a qualified applicant must agree to renegotiate its
 8832  tax refund agreement with Jobs Florida the Office to, at a
 8833  minimum, ensure that the terms of the agreement comply with
 8834  current law and the Office procedures of Jobs Florida governing
 8835  application for and award of tax refunds. Upon approving the
 8836  award of a prorated refund or granting an economic-stimulus
 8837  exemption, Jobs Florida the Office shall renegotiate the tax
 8838  refund agreement with the qualified applicant as required by
 8839  this subparagraph. When amending the agreement of a qualified
 8840  applicant receiving an economic-stimulus exemption, Jobs Florida
 8841  the Office may extend the duration of the agreement for a period
 8842  not to exceed 2 years.
 8843         4. A qualified applicant may submit a request for an
 8844  economic-stimulus exemption to the Office in lieu of any tax
 8845  refund claim scheduled to be submitted after January 1, 2005,
 8846  but before July 1, 2006.
 8847         4.5. A qualified applicant that receives an economic
 8848  stimulus exemption may not receive a tax refund for the period
 8849  covered by the exemption.
 8850         (c) The agreement shall be signed by the commissioner
 8851  director and the authorized officer of the qualified applicant.
 8852         (d) The agreement must contain the following legend,
 8853  clearly printed on its face in bold type of not less than 10
 8854  points:
 8855  
 8856         “This agreement is neither a general obligation of the
 8857         State of Florida, nor is it backed by the full faith
 8858         and credit of the State of Florida. Payment of tax
 8859         refunds are conditioned on and subject to specific
 8860         annual appropriations by the Florida Legislature of
 8861         funds sufficient to pay amounts authorized in s.
 8862         288.1045, Florida Statutes.”
 8863  
 8864         (5) ANNUAL CLAIM FOR REFUND.—
 8865         (a) To be eligible to claim any scheduled tax refund,
 8866  qualified applicants who have entered into a written agreement
 8867  with Jobs Florida the Office pursuant to subsection (4) and who
 8868  have entered into a valid new Department of Defense contract,
 8869  entered into a valid new space flight business contract,
 8870  commenced the consolidation of a space flight business contract,
 8871  commenced the consolidation of a Department of Defense contract,
 8872  commenced the conversion of defense production jobs to
 8873  nondefense production jobs, or entered into a valid contract for
 8874  reuse of a defense-related facility must apply by January 31 of
 8875  each fiscal year to Jobs Florida the Office for tax refunds
 8876  scheduled to be paid from the appropriation for the fiscal year
 8877  that begins on July 1 following the January 31 claims-submission
 8878  date. Jobs Florida The Office may, upon written request, grant a
 8879  30-day extension of the filing date. The application must
 8880  include a notarized signature of an officer of the applicant.
 8881         (d) Jobs Florida The director, with assistance from the
 8882  Office, the Department of Revenue, and the Agency for Workforce
 8883  Innovation, shall, by June 30 following the scheduled date for
 8884  submitting the tax refund claim, specify by written order the
 8885  approval or disapproval of the tax refund claim and, if
 8886  approved, the amount of the tax refund that is authorized to be
 8887  paid to the qualified applicant for the annual tax refund. Jobs
 8888  Florida The Office may grant an extension of this date upon the
 8889  request of the qualified applicant for the purpose of filing
 8890  additional information in support of the claim.
 8891         (e) The total amount of tax refunds approved by Jobs
 8892  Florida the director under this section in any fiscal year may
 8893  not exceed the amount authorized under s. 288.095(3).
 8894         (g) A prorated tax refund, less a 5 percent penalty, shall
 8895  be approved for a qualified applicant provided all other
 8896  applicable requirements have been satisfied and the applicant
 8897  proves to the satisfaction of Jobs Florida the director that it
 8898  has achieved at least 80 percent of its projected employment and
 8899  that the average wage paid by the qualified applicant is at
 8900  least 90 percent of the average wage specified in the tax refund
 8901  agreement, but in no case less than 115 percent of the average
 8902  private sector wage in the area available at the time of
 8903  certification. The prorated tax refund shall be calculated by
 8904  multiplying the tax refund amount for which the qualified
 8905  applicant would have been eligible, if all applicable
 8906  requirements had been satisfied, by the percentage of the
 8907  average employment specified in the tax refund agreement which
 8908  was achieved, and by the percentage of the average wages
 8909  specified in the tax refund agreement which was achieved.
 8910         (6) ADMINISTRATION.—
 8911         (a) Jobs Florida The Office may adopt rules pursuant to
 8912  chapter 120 for the administration of this section.
 8913         (b) Jobs Florida The Office may verify information provided
 8914  in any claim submitted for tax credits under this section with
 8915  regard to employment and wage levels or the payment of the taxes
 8916  with the appropriate agency or authority including the
 8917  Department of Revenue, Jobs Florida the Agency for Workforce
 8918  Innovation, or any local government or authority.
 8919         (c) To facilitate the process of monitoring and auditing
 8920  applications made under this program, Jobs Florida the Office
 8921  may provide a list of qualified applicants to the Department of
 8922  Revenue, to the Agency for Workforce Innovation, or to any local
 8923  government or authority. Jobs Florida the Office may request the
 8924  assistance of said entities with respect to monitoring jobs,
 8925  wages, and the payment of the taxes listed in subsection (2).
 8926         (7) Notwithstanding paragraphs (4)(a) and (5)(c), the
 8927  Office may approve a waiver of the local financial support
 8928  requirement for a business located in any of the following
 8929  counties in which businesses received emergency loans
 8930  administered by the Office in response to the named hurricanes
 8931  of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
 8932  Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
 8933  Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
 8934  Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
 8935  waiver may be granted only if the Office determines that the
 8936  local financial support cannot be provided or that doing so
 8937  would effect a demonstrable hardship on the unit of local
 8938  government providing the local financial support. If the Office
 8939  grants a waiver of the local financial support requirement, the
 8940  state shall pay 100 percent of the refund due to an eligible
 8941  business. The waiver shall apply for tax refund applications
 8942  made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
 8943         (7)(8) EXPIRATION.—An applicant may not be certified as
 8944  qualified under this section after June 30, 2014. A tax refund
 8945  agreement existing on that date shall continue in effect in
 8946  accordance with its terms.
 8947         Section 143. Paragraphs (d), (f), (n), (p), (r), and (t) of
 8948  subsection (2), paragraphs (a), (b), and (f) of subsection (3),
 8949  subsection (4), paragraphs (a), (b), and (c) of subsection (5),
 8950  paragraphs (a), (c), (f), and (g) of subsection (6), and
 8951  subsection (7) of section 288.106, Florida Statutes, are
 8952  amended, and present paragraphs (g) through (u) of subsection
 8953  (2) are redesignated as paragraphs (f) through (q),
 8954  respectively, to read:
 8955         288.106 Tax refund program for qualified target industry
 8956  businesses.—
 8957         (2) DEFINITIONS.—As used in this section:
 8958         (d) “Business” means an employing unit, as defined in s.
 8959  443.036, that is registered for unemployment compensation
 8960  purposes with the state agency providing unemployment tax
 8961  collection services under contract with the Agency for Workforce
 8962  Innovation through an interagency agreement pursuant to s.
 8963  443.1316, or a subcategory or division of an employing unit that
 8964  is accepted by the state agency providing unemployment tax
 8965  collection services as a reporting unit.
 8966         (f) “Director” means the Director of the Office of Tourism,
 8967  Trade, and Economic Development.
 8968         (n) “Office” means the Office of Tourism, Trade, and
 8969  Economic Development.
 8970         (n)(p) “Qualified target industry business” means a target
 8971  industry business approved by Jobs Florida the Office to be
 8972  eligible for tax refunds under this section.
 8973         (q) “Return on investment” means the gain in state revenues
 8974  as a percentage of the state’s investment. The state’s
 8975  investment includes state grants, tax exemptions, tax refunds,
 8976  tax credits, and other state incentives.
 8977         (o)(r) “Rural city” means a city having a population of
 8978  10,000 or fewer, or a city having a population of greater than
 8979  10,000 but fewer than 20,000 that has been determined by Jobs
 8980  Florida the Office to have economic characteristics such as, but
 8981  not limited to, a significant percentage of residents on public
 8982  assistance, a significant percentage of residents with income
 8983  below the poverty level, or a significant percentage of the
 8984  city’s employment base in agriculture-related industries.
 8985         (q)(t) “Target industry business” means a corporate
 8986  headquarters business or any business that is engaged in one of
 8987  the target industries identified pursuant to the following
 8988  criteria developed by Jobs Florida the Office in consultation
 8989  with the Jobs Florida Partnership Enterprise Florida, Inc.:
 8990         1. Future growth.—Industry forecasts should indicate strong
 8991  expectation for future growth in both employment and output,
 8992  according to the most recent available data. Special
 8993  consideration should be given to businesses that export goods
 8994  to, or provide services in, international markets and businesses
 8995  that replace domestic and international imports of goods or
 8996  services.
 8997         2. Stability.—The industry should not be subject to
 8998  periodic layoffs, whether due to seasonality or sensitivity to
 8999  volatile economic variables such as weather. The industry should
 9000  also be relatively resistant to recession, so that the demand
 9001  for products of this industry is not typically subject to
 9002  decline during an economic downturn.
 9003         3. High wage.—The industry should pay relatively high wages
 9004  compared to statewide or area averages.
 9005         4. Market and resource independent.—The location of
 9006  industry businesses should not be dependent on Florida markets
 9007  or resources as indicated by industry analysis, except for
 9008  businesses in the renewable energy industry.
 9009         5. Industrial base diversification and strengthening.—The
 9010  industry should contribute toward expanding or diversifying the
 9011  state’s or area’s economic base, as indicated by analysis of
 9012  employment and output shares compared to national and regional
 9013  trends. Special consideration should be given to industries that
 9014  strengthen regional economies by adding value to basic products
 9015  or building regional industrial clusters as indicated by
 9016  industry analysis. Special consideration should also be given to
 9017  the development of strong industrial clusters that include
 9018  defense and homeland security businesses.
 9019         6. Positive economic impact benefits.—The industry is
 9020  expected to have strong positive economic impacts on or benefits
 9021  to the state or regional economies.
 9022  
 9023  The term does not include any business engaged in retail
 9024  industry activities; any electrical utility company; any
 9025  phosphate or other solid minerals severance, mining, or
 9026  processing operation; any oil or gas exploration or production
 9027  operation; or any business subject to regulation by the Division
 9028  of Hotels and Restaurants of the Department of Business and
 9029  Professional Regulation. Any business within NAICS code 5611 or
 9030  5614, office administrative services and business support
 9031  services, respectively, may be considered a target industry
 9032  business only after the local governing body and the Jobs
 9033  Florida Partnership Enterprise Florida, Inc., make a
 9034  determination that the community where the business may locate
 9035  has conditions affecting the fiscal and economic viability of
 9036  the local community or area, including but not limited to,
 9037  factors such as low per capita income, high unemployment, high
 9038  underemployment, and a lack of year-round stable employment
 9039  opportunities, and such conditions may be improved by the
 9040  location of such a business to the community. By January 1 of
 9041  every 3rd year, beginning January 1, 2011, Jobs Florida the
 9042  Office, in consultation with the Jobs Florida Partnership
 9043  Enterprise Florida, Inc., economic development organizations,
 9044  the State University System, local governments, employee and
 9045  employer organizations, market analysts, and economists, shall
 9046  review and, as appropriate, revise the list of such target
 9047  industries and submit the list to the Governor, the President of
 9048  the Senate, and the Speaker of the House of Representatives.
 9049         (3) TAX REFUND; ELIGIBLE AMOUNTS.—
 9050         (a) There shall be allowed, from the account, a refund to a
 9051  qualified target industry business for the amount of eligible
 9052  taxes certified by Jobs Florida the Office that were paid by the
 9053  business. The total amount of refunds for all fiscal years for
 9054  each qualified target industry business must be determined
 9055  pursuant to subsection (4). The annual amount of a refund to a
 9056  qualified target industry business must be determined pursuant
 9057  to subsection (6).
 9058         (b)1. Upon approval by Jobs Florida the Office, a qualified
 9059  target industry business shall be allowed tax refund payments
 9060  equal to $3,000 multiplied by the number of jobs specified in
 9061  the tax refund agreement under subparagraph (5)(a)1., or equal
 9062  to $6,000 multiplied by the number of jobs if the project is
 9063  located in a rural community or an enterprise zone.
 9064         2. A qualified target industry business shall be allowed
 9065  additional tax refund payments equal to $1,000 multiplied by the
 9066  number of jobs specified in the tax refund agreement under
 9067  subparagraph (5)(a)1. if such jobs pay an annual average wage of
 9068  at least 150 percent of the average private sector wage in the
 9069  area, or equal to $2,000 multiplied by the number of jobs if
 9070  such jobs pay an annual average wage of at least 200 percent of
 9071  the average private sector wage in the area.
 9072         3. A qualified target industry business shall be allowed
 9073  tax refund payments in addition to the other payments authorized
 9074  in this paragraph equal to $1,000 multiplied by the number of
 9075  jobs specified in the tax refund agreement under subparagraph
 9076  (5)(a)1. if the local financial support is equal to that of the
 9077  state’s incentive award under subparagraph 1.
 9078         4. In addition to the other tax refund payments authorized
 9079  in this paragraph, a qualified target industry business shall be
 9080  allowed a tax refund payment equal to $2,000 multiplied by the
 9081  number of jobs specified in the tax refund agreement under
 9082  subparagraph (5)(a)1. if the business:
 9083         a. Falls within one of the high-impact sectors designated
 9084  under s. 288.108; or
 9085         b. Increases exports of its goods through a seaport or
 9086  airport in the state by at least 10 percent in value or tonnage
 9087  in each of the years that the business receives a tax refund
 9088  under this section. For purposes of this sub-subparagraph,
 9089  seaports in the state are limited to the ports of Jacksonville,
 9090  Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
 9091  Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
 9092  Pensacola, Fernandina, and Key West.
 9093         (f) Refunds made available under this section may not be
 9094  expended in connection with the relocation of a business from
 9095  one community to another community in the state unless Jobs
 9096  Florida the Office determines that, without such relocation, the
 9097  business will move outside the state or determines that the
 9098  business has a compelling economic rationale for relocation and
 9099  that the relocation will create additional jobs.
 9100         (4) APPLICATION AND APPROVAL PROCESS.—
 9101         (a) To apply for certification as a qualified target
 9102  industry business under this section, the business must file an
 9103  application with Jobs Florida the Office before the business
 9104  decides to locate in this state or before the business decides
 9105  to expand its existing operations in this state. The application
 9106  must include, but need not be limited to, the following
 9107  information:
 9108         1. The applicant’s federal employer identification number
 9109  and, if applicable, state sales tax registration number.
 9110         2. The proposed permanent location of the applicant’s
 9111  facility in this state at which the project is to be located.
 9112         3. A description of the type of business activity or
 9113  product covered by the project, including a minimum of a five
 9114  digit NAICS code for all activities included in the project. As
 9115  used in this paragraph, “NAICS” means those classifications
 9116  contained in the North American Industry Classification System,
 9117  as published in 2007 by the Office of Management and Budget,
 9118  Executive Office of the President, and updated periodically.
 9119         4. The proposed number of net new full-time equivalent
 9120  Florida jobs at the qualified target industry business as of
 9121  December 31 of each year included in the project and the average
 9122  wage of those jobs. If more than one type of business activity
 9123  or product is included in the project, the number of jobs and
 9124  average wage for those jobs must be separately stated for each
 9125  type of business activity or product.
 9126         5. The total number of full-time equivalent employees
 9127  employed by the applicant in this state, if applicable.
 9128         6. The anticipated commencement date of the project.
 9129         7. A brief statement explaining the role that the estimated
 9130  tax refunds to be requested will play in the decision of the
 9131  applicant to locate or expand in this state.
 9132         8. An estimate of the proportion of the sales resulting
 9133  from the project that will be made outside this state.
 9134         9. An estimate of the proportion of the cost of the
 9135  machinery and equipment, and any other resources necessary in
 9136  the development of its product or service, to be used by the
 9137  business in its Florida operations which will be purchased
 9138  outside this state.
 9139         10. A resolution adopted by the governing board of the
 9140  county or municipality in which the project will be located,
 9141  which resolution recommends that the project be approved as a
 9142  qualified target industry business and specifies that the
 9143  commitments of local financial support necessary for the target
 9144  industry business exist. Before the passage of such resolution,
 9145  the office may also accept an official letter from an authorized
 9146  local economic development agency that endorses the proposed
 9147  target industry project and pledges that sources of local
 9148  financial support for such project exist. For the purposes of
 9149  making pledges of local financial support under this
 9150  subparagraph, the authorized local economic development agency
 9151  shall be officially designated by the passage of a one-time
 9152  resolution by the local governing board.
 9153         11. Any additional information requested by Jobs Florida
 9154  the Office.
 9155         (b) To qualify for review by Jobs Florida the Office, the
 9156  application of a target industry business must, at a minimum,
 9157  establish the following to the satisfaction of the office:
 9158         1.a. The jobs proposed to be created under the application,
 9159  pursuant to subparagraph (a)4., must pay an estimated annual
 9160  average wage equaling at least 115 percent of the average
 9161  private sector wage in the area where the business is to be
 9162  located or the statewide private sector average wage. The
 9163  governing board of the county where the qualified target
 9164  industry business is to be located shall notify Jobs Florida the
 9165  Office and the Jobs Florida Partnership Enterprise Florida,
 9166  Inc., which calculation of the average private sector wage in
 9167  the area must be used as the basis for the business’s wage
 9168  commitment. In determining the average annual wage, Jobs Florida
 9169  the Office shall include only new proposed jobs, and wages for
 9170  existing jobs shall be excluded from this calculation.
 9171         b. Jobs Florida the Office may waive the average wage
 9172  requirement at the request of the local governing body
 9173  recommending the project and the Jobs Florida Partnership
 9174  Enterprise Florida, Inc. Jobs Florida the Office may waive the
 9175  wage requirement for a project located in a brownfield area
 9176  designated under s. 376.80, in a rural city, in a rural
 9177  community, in an enterprise zone, or for a manufacturing project
 9178  at any location in the state if the jobs proposed to be created
 9179  pay an estimated annual average wage equaling at least 100
 9180  percent of the average private sector wage in the area where the
 9181  business is to be located, only if the merits of the individual
 9182  project or the specific circumstances in the community in
 9183  relationship to the project warrant such action. If the local
 9184  governing body and the Jobs Florida Partnership Enterprise
 9185  Florida, Inc., make such a recommendation, it must be
 9186  transmitted in writing, and the specific justification for the
 9187  waiver recommendation must be explained. If Jobs Florida the
 9188  Office elects to waive the wage requirement, the waiver must be
 9189  stated in writing, and the reasons for granting the waiver must
 9190  be explained.
 9191         2. The target industry business’s project must result in
 9192  the creation of at least 10 jobs at the project and, in the case
 9193  of an expansion of an existing business, must result in a net
 9194  increase in employment of at least 10 percent at the business.
 9195  At the request of the local governing body recommending the
 9196  project and the Jobs Florida Partnership Enterprise Florida,
 9197  Inc., Jobs Florida the Office may waive this requirement for a
 9198  business in a rural community or enterprise zone if the merits
 9199  of the individual project or the specific circumstances in the
 9200  community in relationship to the project warrant such action. If
 9201  the local governing body and the Jobs Florida Partnership, Inc.,
 9202  Enterprise Florida, Inc., make such a request, the request must
 9203  be transmitted in writing, and the specific justification for
 9204  the request must be explained. If Jobs Florida the Office elects
 9205  to grant the request, the grant must be stated in writing, and
 9206  the reason for granting the request must be explained.
 9207         3. The business activity or product for the applicant’s
 9208  project must be within an industry identified by Jobs Florida
 9209  the Office as a target industry business that contributes to the
 9210  economic growth of the state and the area in which the business
 9211  is located, that produces a higher standard of living for
 9212  residents of this state in the new global economy, or that can
 9213  be shown to make an equivalent contribution to the area’s and
 9214  state’s economic progress.
 9215         (c) Each application meeting the requirements of paragraph
 9216  (b) must be submitted to Jobs Florida the Office for
 9217  determination of eligibility. Jobs Florida the Office shall
 9218  review and evaluate each application based on, but not limited
 9219  to, the following criteria:
 9220         1. Expected contributions to the state’s economy,
 9221  consistent with the state strategic economic development plan
 9222  adopted by the Jobs Florida Partnership, Inc. Enterprise
 9223  Florida, Inc.
 9224         2. The economic benefits return on investment of the
 9225  proposed award of tax refunds under this section and the
 9226  economic benefits of return on investment for state incentives
 9227  proposed for the project. The term “economic benefits” has the
 9228  same meaning as in s. 288.005. The Office of Economic and
 9229  Demographic Research shall review and evaluate the methodology
 9230  and model used to calculate the economic benefits return on
 9231  investment and shall report its findings by September 1 of every
 9232  3rd year, beginning September 1, 2010, to the President of the
 9233  Senate and the Speaker of the House of Representatives.
 9234         3. The amount of capital investment to be made by the
 9235  applicant in this state.
 9236         4. The local financial commitment and support for the
 9237  project.
 9238         5. The effect of the project on the unemployment rate in
 9239  the county where the project will be located.
 9240         6. The effect of the award on the viability of the project
 9241  and the probability that the project would be undertaken in this
 9242  state if such tax refunds are granted to the applicant.
 9243         7. The expected long-term commitment of the applicant to
 9244  economic growth and employment in this state resulting from the
 9245  project.
 9246         8. A review of the business’s past activities in this state
 9247  or other states, including whether such business has been
 9248  subjected to criminal or civil fines and penalties. This
 9249  subparagraph does not require the disclosure of confidential
 9250  information.
 9251         (d) Applications shall be reviewed and certified pursuant
 9252  to s. 288.061. Jobs Florida the Office shall include in its
 9253  review projections of the tax refunds the business would be
 9254  eligible to receive in each fiscal year based on the creation
 9255  and maintenance of the net new Florida jobs specified in
 9256  subparagraph (a)4. as of December 31 of the preceding state
 9257  fiscal year. If appropriate, Jobs Florida the Office shall enter
 9258  into a written agreement with the qualified target industry
 9259  business pursuant to subsection (5).
 9260         (e) Jobs Florida the Office may not certify any target
 9261  industry business as a qualified target industry business if the
 9262  value of tax refunds to be included in that letter of
 9263  certification exceeds the available amount of authority to
 9264  certify new businesses as determined in s. 288.095(3). However,
 9265  if the commitments of local financial support represent less
 9266  than 20 percent of the eligible tax refund payments, or to
 9267  otherwise preserve the viability and fiscal integrity of the
 9268  program, the office may certify a qualified target industry
 9269  business to receive tax refund payments of less than the
 9270  allowable amounts specified in paragraph (3)(b). A letter of
 9271  certification that approves an application must specify the
 9272  maximum amount of tax refund that will be available to the
 9273  qualified industry business in each fiscal year and the total
 9274  amount of tax refunds that will be available to the business for
 9275  all fiscal years.
 9276         (f) This section does not create a presumption that an
 9277  applicant will receive any tax refunds under this section.
 9278  However, Jobs Florida the Office may issue nonbinding opinion
 9279  letters, upon the request of prospective applicants, as to the
 9280  applicants’ eligibility and the potential amount of refunds.
 9281         (5) TAX REFUND AGREEMENT.—
 9282         (a) Each qualified target industry business must enter into
 9283  a written agreement with Jobs Florida the Office that specifies,
 9284  at a minimum:
 9285         1. The total number of full-time equivalent jobs in this
 9286  state that will be dedicated to the project, the average wage of
 9287  those jobs, the definitions that will apply for measuring the
 9288  achievement of these terms during the pendency of the agreement,
 9289  and a time schedule or plan for when such jobs will be in place
 9290  and active in this state.
 9291         2. The maximum amount of tax refunds that the qualified
 9292  target industry business is eligible to receive on the project
 9293  and the maximum amount of a tax refund that the qualified target
 9294  industry business is eligible to receive for each fiscal year,
 9295  based on the job creation and maintenance schedule specified in
 9296  subparagraph 1.
 9297         3. That Jobs Florida the Office may review and verify the
 9298  financial and personnel records of the qualified target industry
 9299  business to ascertain whether that business is in compliance
 9300  with this section.
 9301         4. The date by which, in each fiscal year, the qualified
 9302  target industry business may file a claim under subsection (6)
 9303  to be considered to receive a tax refund in the following fiscal
 9304  year.
 9305         5. That local financial support will be annually available
 9306  and will be paid to the account. Jobs Florida the Office may not
 9307  enter into a written agreement with a qualified target industry
 9308  business if the local financial support resolution is not passed
 9309  by the local governing body within 90 days after Jobs Florida
 9310  the Office has issued the letter of certification under
 9311  subsection (4).
 9312         6. That Jobs Florida the Office may conduct a review of the
 9313  business to evaluate whether the business is continuing to
 9314  contribute to the area’s or state’s economy.
 9315         7. That in the event the business does not complete the
 9316  agreement, the business will provide Jobs Florida the Office
 9317  with the reasons the business was unable to complete the
 9318  agreement.
 9319         (b) Compliance with the terms and conditions of the
 9320  agreement is a condition precedent for the receipt of a tax
 9321  refund each year. The failure to comply with the terms and
 9322  conditions of the tax refund agreement results in the loss of
 9323  eligibility for receipt of all tax refunds previously authorized
 9324  under this section and the revocation by Jobs Florida the Office
 9325  of the certification of the business entity as a qualified
 9326  target industry business, unless the business is eligible to
 9327  receive and elects to accept a prorated refund under paragraph
 9328  (6)(e) or Jobs Florida the Office grants the business an
 9329  economic recovery extension.
 9330         1. A qualified target industry business may submit a
 9331  request to Jobs Florida the Office for an economic recovery
 9332  extension. The request must provide quantitative evidence
 9333  demonstrating how negative economic conditions in the business’s
 9334  industry, the effects of a named hurricane or tropical storm, or
 9335  specific acts of terrorism affecting the qualified target
 9336  industry business have prevented the business from complying
 9337  with the terms and conditions of its tax refund agreement.
 9338         2. Upon receipt of a request under subparagraph 1., Jobs
 9339  Florida the Office has 45 days to notify the requesting
 9340  business, in writing, whether its extension has been granted or
 9341  denied. In determining whether an extension should be granted,
 9342  Jobs Florida the Office shall consider the extent to which
 9343  negative economic conditions in the requesting business’s
 9344  industry have occurred in the state or the effects of a named
 9345  hurricane or tropical storm or specific acts of terrorism
 9346  affecting the qualified target industry business have prevented
 9347  the business from complying with the terms and conditions of its
 9348  tax refund agreement. Jobs Florida the Office shall consider
 9349  current employment statistics for this state by industry,
 9350  including whether the business’s industry had substantial job
 9351  loss during the prior year, when determining whether an
 9352  extension shall be granted.
 9353         3. As a condition for receiving a prorated refund under
 9354  paragraph (6)(e) or an economic recovery extension under this
 9355  paragraph, a qualified target industry business must agree to
 9356  renegotiate its tax refund agreement with Jobs Florida the
 9357  Office to, at a minimum, ensure that the terms of the agreement
 9358  comply with current law and office procedures governing
 9359  application for and award of tax refunds. Upon approving the
 9360  award of a prorated refund or granting an economic recovery
 9361  extension, Jobs Florida the Office shall renegotiate the tax
 9362  refund agreement with the business as required by this
 9363  subparagraph. When amending the agreement of a business
 9364  receiving an economic recovery extension, Jobs Florida the
 9365  Office may extend the duration of the agreement for a period not
 9366  to exceed 2 years.
 9367         4. A qualified target industry business may submit a
 9368  request for an economic recovery extension to Jobs Florida the
 9369  Office in lieu of any tax refund claim scheduled to be submitted
 9370  after January 1, 2009, but before July 1, 2012.
 9371         5. A qualified target industry business that receives an
 9372  economic recovery extension may not receive a tax refund for the
 9373  period covered by the extension.
 9374         (c) The agreement must be signed by the commissioner
 9375  director and by an authorized officer of the qualified target
 9376  industry business within 120 days after the issuance of the
 9377  letter of certification under subsection (4), but not before
 9378  passage and receipt of the resolution of local financial
 9379  support. Jobs Florida The Office may grant an extension of this
 9380  period at the written request of the qualified target industry
 9381  business.
 9382         (6) ANNUAL CLAIM FOR REFUND.—
 9383         (a) To be eligible to claim any scheduled tax refund, a
 9384  qualified target industry business that has entered into a tax
 9385  refund agreement with Jobs Florida the Office under subsection
 9386  (5) must apply by January 31 of each fiscal year to the office
 9387  for the tax refund scheduled to be paid from the appropriation
 9388  for the fiscal year that begins on July 1 following the January
 9389  31 claims-submission date. Jobs Florida The Office may, upon
 9390  written request, grant a 30-day extension of the filing date.
 9391         (c) Jobs Florida the Office may waive the requirement for
 9392  proof of taxes paid in future years for a qualified target
 9393  industry business that provides the office with proof that, in a
 9394  single year, the business has paid an amount of state taxes from
 9395  the categories in paragraph (3)(d) that is at least equal to the
 9396  total amount of tax refunds that the business may receive
 9397  through successful completion of its tax refund agreement.
 9398         (f) Jobs Florida the Office, with such assistance as may be
 9399  required from the Department of Revenue or the Agency for
 9400  Workforce Innovation, shall, by June 30 following the scheduled
 9401  date for submission of the tax refund claim, specify by written
 9402  order the approval or disapproval of the tax refund claim and,
 9403  if approved, the amount of the tax refund that is authorized to
 9404  be paid to the qualified target industry business for the annual
 9405  tax refund. Jobs Florida the Office may grant an extension of
 9406  this date on the request of the qualified target industry
 9407  business for the purpose of filing additional information in
 9408  support of the claim.
 9409         (g) The total amount of tax refund claims approved by Jobs
 9410  Florida the Office under this section in any fiscal year must
 9411  not exceed the amount authorized under s. 288.095(3).
 9412         (7) ADMINISTRATION.—
 9413         (a) Jobs Florida the Office may verify information provided
 9414  in any claim submitted for tax credits under this section with
 9415  regard to employment and wage levels or the payment of the taxes
 9416  to the appropriate agency or authority, including the Department
 9417  of Revenue, the Agency for Workforce Innovation, or any local
 9418  government or authority.
 9419         (b) To facilitate the process of monitoring and auditing
 9420  applications made under this section, Jobs Florida the Office
 9421  may provide a list of qualified target industry businesses to
 9422  the Department of Revenue, to the Agency for Workforce
 9423  Innovation, or to any local government or authority. Jobs
 9424  Florida The Office may request the assistance of those entities
 9425  with respect to monitoring jobs, wages, and the payment of the
 9426  taxes listed in subsection (3).
 9427         (c) Funds specifically appropriated for tax refunds for
 9428  qualified target industry businesses under this section may not
 9429  be used by Jobs Florida the Office for any purpose other than
 9430  the payment of tax refunds authorized by this section.
 9431         (d) Beginning with tax refund agreements signed after July
 9432  1, 2010, Jobs Florida the Office shall attempt to ascertain the
 9433  causes for any business’s failure to complete its agreement and
 9434  shall report its findings and recommendations to the Governor,
 9435  the President of the Senate, and the Speaker of the House of
 9436  Representatives. The report shall be submitted by December 1 of
 9437  each year beginning in 2011.
 9438         Section 144. Paragraphs (d), (e), (f), (g) and (h) of
 9439  subsection (1), subsection (2), paragraphs (a), (b), (f), (g),
 9440  (h), and (i) of subsection (4), and subsection (5) of section
 9441  288.107, Florida Statutes, are amended to read:
 9442         288.107 Brownfield redevelopment bonus refunds.—
 9443         (1) DEFINITIONS.—As used in this section:
 9444         (d) “Director” means the director of the Office of Tourism,
 9445  Trade, and Economic Development.
 9446         (d)(e) “Eligible business” means:
 9447         1. A qualified target industry business as defined in s.
 9448  288.106(2); or
 9449         2. A business that can demonstrate a fixed capital
 9450  investment of at least $2 million in mixed-use business
 9451  activities, including multiunit housing, commercial, retail, and
 9452  industrial in brownfield areas, or at least $500,000 in
 9453  brownfield areas that do not require site cleanup, and that
 9454  provides benefits to its employees.
 9455         (e)(f) “Jobs” means full-time equivalent positions,
 9456  including, but not limited to, positions obtained from a
 9457  temporary employment agency or employee leasing company or
 9458  through a union agreement or coemployment under a professional
 9459  employer organization agreement, that result directly from a
 9460  project in this state. The term does not include temporary
 9461  construction jobs involved with the construction of facilities
 9462  for the project and which are not associated with the
 9463  implementation of the site rehabilitation as provided in s.
 9464  376.80.
 9465         (g) “Office” means The Office of Tourism, Trade, and
 9466  Economic Development.
 9467         (f)(h) “Project” means the creation of a new business or
 9468  the expansion of an existing business as defined in s. 288.106.
 9469         (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
 9470  shall be approved by Jobs Florida the Office as specified in the
 9471  final order and allowed from the account as follows:
 9472         (a) A bonus refund of $2,500 shall be allowed to any
 9473  qualified target industry business as defined in s. 288.106 for
 9474  each new Florida job created in a brownfield area that is
 9475  claimed on the qualified target industry business’s annual
 9476  refund claim authorized in s. 288.106(6).
 9477         (b) A bonus refund of up to $2,500 shall be allowed to any
 9478  other eligible business as defined in subparagraph (1)(d)2.
 9479  subparagraph (1)(e)2. for each new Florida job created in a
 9480  brownfield area that is claimed under an annual claim procedure
 9481  similar to the annual refund claim authorized in s. 288.106(6).
 9482  The amount of the refund shall be equal to 20 percent of the
 9483  average annual wage for the jobs created.
 9484         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 9485         (a) To be eligible to receive a bonus refund for new
 9486  Florida jobs created in a brownfield area, a business must have
 9487  been certified as a qualified target industry business under s.
 9488  288.106 or eligible business as defined in paragraph (1)(d)
 9489  paragraph (1)(e) and must have indicated on the qualified target
 9490  industry business tax refund application form submitted in
 9491  accordance with s. 288.106(4) or other similar agreement for
 9492  other eligible business as defined in paragraph (1)(d) paragraph
 9493  (1)(e) that the project for which the application is submitted
 9494  is or will be located in a brownfield area and that the business
 9495  is applying for certification as a qualified brownfield business
 9496  under this section, and must have signed a qualified target
 9497  industry business tax refund agreement with Jobs Florida the
 9498  Office that indicates that the business has been certified as a
 9499  qualified target industry business located in a brownfield area
 9500  and specifies the schedule of brownfield redevelopment bonus
 9501  refunds that the business may be eligible to receive in each
 9502  fiscal year.
 9503         (b) To be considered to receive an eligible brownfield
 9504  redevelopment bonus refund payment, the business meeting the
 9505  requirements of paragraph (a) must submit a claim once each
 9506  fiscal year on a claim form approved by Jobs Florida the Office
 9507  which indicates the location of the brownfield, the address of
 9508  the business facility’s brownfield location, the name of the
 9509  brownfield in which it is located, the number of jobs created,
 9510  and the average wage of the jobs created by the business within
 9511  the brownfield as defined in s. 288.106 or other eligible
 9512  business as defined in paragraph (1)(d) paragraph (1)(e) and the
 9513  administrative rules and policies for that section.
 9514         (f) Applications shall be reviewed and certified pursuant
 9515  to s. 288.061. Jobs Florida The Office shall review all
 9516  applications submitted under s. 288.106 or other similar
 9517  application forms for other eligible businesses as defined in
 9518  paragraph (1)(d) paragraph (1)(e) which indicate that the
 9519  proposed project will be located in a brownfield and determine,
 9520  with the assistance of the Department of Environmental
 9521  Protection, that the project location is within a brownfield as
 9522  provided in this act.
 9523         (g) Jobs Florida The Office shall approve all claims for a
 9524  brownfield redevelopment bonus refund payment that are found to
 9525  meet the requirements of paragraphs (b) and (d).
 9526         (h) Jobs Florida The director, with such assistance as may
 9527  be required from the Office and the Department of Environmental
 9528  Protection, shall specify by written final order the amount of
 9529  the brownfield redevelopment bonus refund that is authorized for
 9530  the qualified target industry business for the fiscal year
 9531  within 30 days after the date that the claim for the annual tax
 9532  refund is received by the office.
 9533         (i) The total amount of the bonus refunds approved by Jobs
 9534  Florida the director under this section in any fiscal year must
 9535  not exceed the total amount appropriated to the Economic
 9536  Development Incentives Account for this purpose for the fiscal
 9537  year. In the event that the Legislature does not appropriate an
 9538  amount sufficient to satisfy projections by Jobs Florida the
 9539  Office for brownfield redevelopment bonus refunds under this
 9540  section in a fiscal year, Jobs Florida the Office shall, not
 9541  later than July 15 of such year, determine the proportion of
 9542  each brownfield redevelopment bonus refund claim which shall be
 9543  paid by dividing the amount appropriated for tax refunds for the
 9544  fiscal year by the projected total of brownfield redevelopment
 9545  bonus refund claims for the fiscal year. The amount of each
 9546  claim for a brownfield redevelopment bonus tax refund shall be
 9547  multiplied by the resulting quotient. If, after the payment of
 9548  all such refund claims, funds remain in the Economic Development
 9549  Incentives Account for brownfield redevelopment tax refunds,
 9550  Jobs Florida the Office shall recalculate the proportion for
 9551  each refund claim and adjust the amount of each claim
 9552  accordingly.
 9553         (5) ADMINISTRATION.—
 9554         (a) Jobs Florida the Office may verify information provided
 9555  in any claim submitted for tax credits under this section with
 9556  regard to employment and wage levels or the payment of the taxes
 9557  to the appropriate agency or authority, including the Department
 9558  of Revenue, the Agency for Workforce Innovation, or any local
 9559  government or authority.
 9560         (b) To facilitate the process of monitoring and auditing
 9561  applications made under this program, Jobs Florida the Office
 9562  may provide a list of qualified target industry businesses to
 9563  the Department of Revenue, to the Agency for Workforce
 9564  Innovation, to the Department of Environmental Protection, or to
 9565  any local government authority. Jobs Florida the office may
 9566  request the assistance of those entities with respect to
 9567  monitoring the payment of the taxes listed in s. 288.106(3).
 9568         Section 145. Paragraphs (a), (b), (c), and (d) of
 9569  subsection (2), paragraphs (b), (d), and (e) of subsection (3),
 9570  subsection (4), paragraphs (a) and (c) of subsection (5), and
 9571  subsections (6) and (7) of section 288.108, Florida Statutes,
 9572  are amended, and present paragraphs (e) through (j) of
 9573  subsection (2) are redesignated as paragraphs (c) through (h),
 9574  respectively, to read:
 9575         288.108 High-impact business.—
 9576         (2) DEFINITIONS.—As used in this section, the term:
 9577         (a) “Eligible high-impact business” means a business in one
 9578  of the high-impact sectors identified by the Jobs Florida
 9579  Partnership Enterprise Florida, Inc., and certified by Jobs
 9580  Florida the Office of Tourism, Trade, and Economic Development
 9581  as provided in subsection (5), which is making a cumulative
 9582  investment in the state of at least $50 million and creating at
 9583  least 50 new full-time equivalent jobs in the state or a
 9584  research and development facility making a cumulative investment
 9585  of at least $25 million and creating at least 25 new full-time
 9586  equivalent jobs. Such investment and employment must be achieved
 9587  in a period not to exceed 3 years after the date the business is
 9588  certified as a qualified high-impact business.
 9589         (b) “Qualified high-impact business” means a business in
 9590  one of the high-impact sectors that has been certified by Jobs
 9591  Florida the Office as a qualified high-impact business to
 9592  receive a high-impact sector performance grant.
 9593         (c) “Office” means the Office of Tourism, Trade, and
 9594  Economic Development.
 9595         (d) “Director” means the director of the Office of Tourism,
 9596  Trade, and Economic Development.
 9597         (3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE
 9598  AMOUNTS.—
 9599         (b) Jobs Florida The Office may, in consultation with
 9600  Enterprise Florida, Inc., negotiate qualified high-impact
 9601  business performance grant awards for any single qualified high
 9602  impact business. In negotiating such awards, Jobs Florida the
 9603  Office shall consider the following guidelines in conjunction
 9604  with other relevant applicant impact and cost information and
 9605  analysis as required in subsection (5).
 9606         1. A qualified high-impact business making a cumulative
 9607  investment of $50 million and creating 50 jobs may be eligible
 9608  for a total qualified high-impact business performance grant of
 9609  $500,000 to $1 million.
 9610         2. A qualified high-impact business making a cumulative
 9611  investment of $100 million and creating 100 jobs may be eligible
 9612  for a total qualified high-impact business performance grant of
 9613  $1 million to $2 million.
 9614         3. A qualified high-impact business making a cumulative
 9615  investment of $800 million and creating 800 jobs may be eligible
 9616  for a qualified high-impact business performance grant of $10
 9617  million to $12 million.
 9618         4. A qualified high-impact business engaged in research and
 9619  development making a cumulative investment of $25 million and
 9620  creating 25 jobs may be eligible for a total qualified high
 9621  impact business performance grant of $700,000 to $1 million.
 9622         5. A qualified high-impact business engaged in research and
 9623  development making a cumulative investment of $75 million, and
 9624  creating 75 jobs may be eligible for a total qualified high
 9625  impact business performance grant of $2 million to $3 million.
 9626         6. A qualified high-impact business engaged in research and
 9627  development making a cumulative investment of $150 million, and
 9628  creating 150 jobs may be eligible for a qualified high-impact
 9629  business performance grant of $3.5 million to $4.5 million.
 9630         (d) The balance of the performance grant award shall be
 9631  paid to the qualified high-impact business upon the business’s
 9632  certification that full operations have commenced and that the
 9633  full investment and employment goals specified in the qualified
 9634  high-impact business agreement have been met and verified by
 9635  Jobs Florida the Office of Tourism, Trade, and Economic
 9636  Development. The verification must occur not later than 60 days
 9637  after the qualified high-impact business has provided the
 9638  certification specified in this paragraph.
 9639         (e) Jobs Florida The office may, upon a showing of
 9640  reasonable cause for delay and significant progress toward the
 9641  achievement of the investment and employment goals specified in
 9642  the qualified high-impact business agreement, extend the date
 9643  for commencement of operations, not to exceed an additional 2
 9644  years beyond the limit specified in paragraph (2)(a), but in no
 9645  case may any high-impact sector performance grant payment be
 9646  made to the business until the scheduled goals have been
 9647  achieved.
 9648         (4) OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
 9649  AUTHORITY TO APPROVE QUALIFIED HIGH-IMPACT BUSINESS PERFORMANCE
 9650  GRANTS.—
 9651         (a) The total amount of active performance grants scheduled
 9652  for payment by Jobs Florida the office in any single fiscal year
 9653  may not exceed the lesser of $30 million or the amount
 9654  appropriated by the Legislature for that fiscal year for
 9655  qualified high-impact business performance grants. If the
 9656  scheduled grant payments are not made in the year for which they
 9657  were scheduled in the qualified high-impact business agreement
 9658  and are rescheduled as authorized in paragraph (3)(e), they are,
 9659  for purposes of this paragraph, deemed to have been paid in the
 9660  year in which they were originally scheduled in the qualified
 9661  high-impact business agreement.
 9662         (b) If the Legislature does not appropriate an amount
 9663  sufficient to satisfy the qualified high-impact business
 9664  performance grant payments scheduled for any fiscal year, Jobs
 9665  Florida the Office shall, not later than July 15 of that year,
 9666  determine the proportion of each grant payment which may be paid
 9667  by dividing the amount appropriated for qualified high-impact
 9668  business performance grant payments for the fiscal year by the
 9669  total performance grant payments scheduled in all performance
 9670  grant agreements for the fiscal year. The amount of each grant
 9671  scheduled for payment in that fiscal year must be multiplied by
 9672  the resulting quotient. All businesses affected by this
 9673  calculation must be notified by August 1 of each fiscal year.
 9674  If, after the payment of all the refund claims, funds remain in
 9675  the appropriation for payment of qualified high-impact business
 9676  performance grants, Jobs Florida the Office shall recalculate
 9677  the proportion for each performance grant payment and adjust the
 9678  amount of each claim accordingly.
 9679         (5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.—
 9680         (a) Any eligible business, as defined in subsection (2),
 9681  shall apply to the Jobs Florida Partnership Enterprise Florida,
 9682  Inc., for consideration as a qualified high-impact business
 9683  before the business has made a decision to locate or expand a
 9684  facility in this state. The application, developed by Jobs
 9685  Florida The Office of Tourism, Trade, and Economic Development,
 9686  in consultation with the Jobs Florida Partnership Enterprise
 9687  Florida, Inc., must include, but is not limited to, the
 9688  following information:
 9689         1. A complete description of the type of facility, business
 9690  operations, and product or service associated with the project.
 9691         2. The number of full-time equivalent jobs that will be
 9692  created by the project and the average annual wage of those
 9693  jobs.
 9694         3. The cumulative amount of investment to be dedicated to
 9695  this project within 3 years.
 9696         4. A statement concerning any special impacts the facility
 9697  is expected to stimulate in the sector, the state, or regional
 9698  economy and in state universities and community colleges.
 9699         5. A statement concerning the role the grant will play in
 9700  the decision of the applicant business to locate or expand in
 9701  this state.
 9702         6. Any additional information requested by Jobs Florida and
 9703  the Jobs Florida Partnership Enterprise Florida, Inc., and the
 9704  Office of Tourism, Trade, and Economic Development.
 9705         (c) Jobs Florida The director and the qualified high-impact
 9706  business shall enter into a performance grant agreement setting
 9707  forth the conditions for payment of the qualified high-impact
 9708  business performance grant. The agreement shall include the
 9709  total amount of the qualified high-impact business facility
 9710  performance grant award, the performance conditions that must be
 9711  met to obtain the award, including the employment, average
 9712  salary, investment, the methodology for determining if the
 9713  conditions have been met, and the schedule of performance grant
 9714  payments.
 9715         (6) SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.—
 9716         (a) The Jobs Florida Partnership Enterprise Florida, Inc.,
 9717  shall, by January 1, of every third year, beginning January 1,
 9718  2011, initiate the process of reviewing and, if appropriate,
 9719  selecting a new high-impact sector for designation or
 9720  recommending the deactivation of a designated high-impact
 9721  sector. The process of reviewing designated high-impact sectors
 9722  or recommending the deactivation of a designated high-impact
 9723  sector shall be in consultation with the office, economic
 9724  development organizations, the State University System, local
 9725  governments, employee and employer organizations, market
 9726  analysts, and economists.
 9727         (b) Jobs Florida the Office has authority, only after
 9728  recommendation from the Jobs Florida Partnership Enterprise
 9729  Florida, Inc., to designate a high-impact sector or to
 9730  deauthorize a designated high-impact sector.
 9731         (c) To begin the process of selecting and designating a new
 9732  high-impact sector, the Jobs Florida Partnership Enterprise
 9733  Florida, Inc., shall undertake a thorough study of the proposed
 9734  sector. This study must consider the definition of the sector,
 9735  including the types of facilities which characterize the sector
 9736  that might qualify for a high-impact performance grant and
 9737  whether a powerful incentive like the high-impact performance
 9738  grant is needed to induce major facilities in the sector to
 9739  locate or grow in this state; the benefits that major facilities
 9740  in the sector have or could have on the state’s economy and the
 9741  relative significance of those benefits; the needs of the sector
 9742  and major sector facilities, including natural, public, and
 9743  human resources and benefits and costs with regard to these
 9744  resources; the sector’s current and future markets; the current
 9745  fiscal and potential fiscal impacts of the sector, to both the
 9746  state and its communities; any geographic opportunities or
 9747  limitations with regard to the sector, including areas of the
 9748  state most likely to benefit from the sector and areas unlikely
 9749  to benefit from the sector; the state’s advantages or
 9750  disadvantages with regard to the sector; and the long-term
 9751  expectations for the industry on a global level and in the
 9752  state. If the Jobs Florida Partnership Enterprise Florida, Inc.,
 9753  finds favorable conditions for the designation of the sector as
 9754  a high-impact sector, it shall include in the study
 9755  recommendations for a complete and comprehensive sector
 9756  strategy, including appropriate marketing and workforce
 9757  strategies for the entire sector and any recommendations that
 9758  the Jobs Florida Partnership Enterprise Florida, Inc., may have
 9759  for statutory or policy changes needed to improve the state’s
 9760  business climate and to attract and grow Florida businesses,
 9761  particularly small businesses, in the proposed sector. The study
 9762  shall reflect the finding of the sector-business network
 9763  specified in paragraph (d).
 9764         (d) In conjunction with the study required in paragraph
 9765  (c), the Jobs Florida Partnership Enterprise Florida, Inc.,
 9766  shall develop and consult with a network of sector businesses.
 9767  While this network may include non-Florida businesses, it must
 9768  include any businesses currently within the state. If the number
 9769  of Florida businesses in the sector is large, a representative
 9770  cross-section of Florida sector businesses may form the core of
 9771  this network.
 9772         (e) The study and its findings and recommendations and the
 9773  recommendations gathered from the sector-business network must
 9774  be discussed and considered during the at least one meeting per
 9775  calendar year of leaders in business, government, education,
 9776  workforce development, and economic development called by the
 9777  Governor to address the business climate in the state, develop a
 9778  common vision for the economic future of the state, and identify
 9779  economic development efforts to fulfill that vision required in
 9780  s. 14.2015(2)(e).
 9781         (f) If after consideration of the completed study required
 9782  in paragraph (c) and the input derived from consultation with
 9783  the sector-business network in paragraph (d) and the quarterly
 9784  meeting as required in paragraph (e), the board of directors of
 9785  the Jobs Florida Partnership Enterprise Florida, Inc., finds
 9786  that the sector will have exceptionally large and widespread
 9787  benefits to the state and its citizens, relative to any public
 9788  costs; that the sector is characterized by the types of
 9789  facilities that require exceptionally large investments and
 9790  provide employment opportunities to a relatively large number of
 9791  workers in high-quality, high-income jobs that might qualify for
 9792  a high-impact performance grant; and that given the competition
 9793  for such businesses it may be necessary for the state to be able
 9794  to offer a large inducement, such as a high-impact performance
 9795  grant, to attract such a business to the state or to encourage
 9796  businesses to continue to grow in the state, the board of
 9797  directors of the Jobs Florida Partnership Enterprise Florida,
 9798  Inc., may recommend that the office consider the designation of
 9799  the sector as a high-impact business sector.
 9800         (g) Upon receiving a recommendation from the board of
 9801  directors of the Jobs Florida Partnership Enterprise Florida,
 9802  Inc., together with the study required in paragraph (c) and a
 9803  summary of the findings and recommendations of the sector
 9804  business network required in paragraph (d), including a list of
 9805  all meetings of the sector network and participants in those
 9806  meetings and the findings and recommendations from the quarterly
 9807  meeting as required in paragraph (e), Jobs Florida the Office
 9808  shall after a thorough evaluation of the study and accompanying
 9809  materials report its findings and either concur in the
 9810  recommendation of the Jobs Florida Partnership Enterprise
 9811  Florida, Inc., and designate the sector as a high-impact
 9812  business sector or notify the Jobs Florida Partnership
 9813  Enterprise Florida, Inc., that it does not concur and deny the
 9814  board’s request for designation or return the recommendation and
 9815  study to the Jobs Florida Partnership Enterprise Florida, Inc.,
 9816  for further evaluation. In any case, Jobs Florida the director’s
 9817  decision must be in writing and justify the reasons for the
 9818  decision.
 9819         (h) If Jobs Florida the Office designates the sector as a
 9820  high-impact sector, it shall, within 30 days, notify the
 9821  Governor, the President of the Senate, and the Speaker of the
 9822  House of Representatives of its decision and provide a complete
 9823  report on its decision, including copies of the material
 9824  provided by the Jobs Florida Partnership Enterprise Florida,
 9825  Inc., and Jobs Florida’s the Office of Tourism, Trade, and
 9826  Economic Development’s evaluation and comment on any statutory
 9827  or policy changes recommended by Enterprise Florida, Inc.
 9828         (i) For the purposes of this subsection, a high-impact
 9829  sector consists of the silicon technology sector that the Jobs
 9830  Florida Partnership Enterprise Florida, Inc., has found to be
 9831  focused around the type of high-impact businesses for which the
 9832  incentive created in this subsection is required and will create
 9833  the kinds of sector and economy wide benefits that justify the
 9834  use of state resources to encourage these investments and
 9835  require substantial inducements to compete with the incentive
 9836  packages offered by other states and nations.
 9837         (7) RULEMAKING.—Jobs Florida the Office may adopt rules
 9838  necessary to carry out the provisions of this section.
 9839         Section 146. Subsection (1), paragraph (f) of subsection
 9840  (2), and subsections (4), (5), and (9) of section 288.1083,
 9841  Florida Statutes, are amended, and present paragraph (g) of
 9842  subsection (2) is redesignated as paragraph (f), to read:
 9843         288.1083 Manufacturing and Spaceport Investment Incentive
 9844  Program.—
 9845         (1) The Manufacturing and Spaceport Investment Incentive
 9846  Program is created within Jobs Florida The Office of Tourism,
 9847  Trade, and Economic Development. The purpose of the program is
 9848  to encourage capital investment and job creation in
 9849  manufacturing and spaceport activities in this state.
 9850         (2) As used in this section, the term:
 9851         (f) “Office” means The Office of Tourism, Trade, and
 9852  Economic Development.
 9853         (4) To receive a refund, a business entity must first apply
 9854  to Jobs Florida the Office for a tax refund allocation. The
 9855  entity shall provide such information in the application as
 9856  reasonably required by Jobs Florida the Office. Further, the
 9857  business entity shall provide such information as is required by
 9858  Jobs Florida the Office to establish the cost incurred and
 9859  actual sales and use tax paid to purchase eligible equipment
 9860  located and placed into service in this state during its taxable
 9861  year that began in 2008.
 9862         (a) Within 30 days after Jobs Florida the Office receives
 9863  an application for a refund, Jobs Florida the Office shall
 9864  approve or disapprove the application.
 9865         (b) Refund allocations made during the 2010-2011 fiscal
 9866  year shall be awarded in the same order in which applications
 9867  are received. Eligible entities may apply to Jobs Florida the
 9868  Office beginning July 1, 2010, for refunds attributable to
 9869  eligible equipment purchases made during the 2010-2011 fiscal
 9870  year. For the 2010-2011 fiscal year, Jobs Florida the Office
 9871  shall allocate the maximum amount of $50,000 per entity until
 9872  the entire $19 million available for refund in state fiscal year
 9873  2010-2011 has been allocated. If the total amount available for
 9874  allocation during the 2010-2011 fiscal year is allocated, Jobs
 9875  Florida the Office shall continue taking applications. Each
 9876  applicant shall be informed of its place in the queue and
 9877  whether the applicant received an allocation of the eligible
 9878  funds.
 9879         (c) Refund allocations made during the 2011-2012 fiscal
 9880  year shall first be given to any applicants remaining in the
 9881  queue from the prior fiscal year. Jobs Florida The Office shall
 9882  allocate the maximum amount of $50,000 per entity, first to
 9883  those applicants that remained in the queue from 2010-2011 for
 9884  eligible purchases in 2010-2011, then to applicants for 2011
 9885  2012 in the order applications are received for eligible
 9886  purchases in 2011-2012. Jobs Florida The Office shall allocate
 9887  the maximum amount of $50,000 per entity until the entire $24
 9888  million available to be allocated for refund in the 2011-2012
 9889  fiscal year is allocated. If the total amount available for
 9890  refund in 2011-2012 has been allocated, Jobs Florida The Office
 9891  shall continue to accept applications from eligible entities in
 9892  the 2011-2012 fiscal year for refunds attributable to eligible
 9893  equipment purchases made during the 2011-2012 fiscal year.
 9894  Refund allocations made during the 2011-2012 fiscal year shall
 9895  be awarded in the same order in which applications are received.
 9896  Upon submitting an application, each applicant shall be informed
 9897  of its place in the queue and whether the applicant has received
 9898  an allocation of the eligible funds.
 9899         (5) Upon completion of eligible equipment purchases, a
 9900  business entity that received a refund allocation from Jobs
 9901  Florida the Office must apply to the office for certification of
 9902  a refund. For eligible equipment purchases made during the 2010
 9903  2011 fiscal year, the application for certification must be made
 9904  no later than September 1, 2011. For eligible equipment
 9905  purchases made during the 2011-2012 fiscal year, the application
 9906  for certification must be made no later than September 1, 2012.
 9907  The application shall provide such documentation as is
 9908  reasonably required by Jobs Florida the Office to calculate the
 9909  refund amount, including documentation necessary to confirm the
 9910  cost of eligible equipment purchases supporting the claim of the
 9911  sales and use tax paid thereon. Further, the business entity
 9912  shall provide such documentation as required by Jobs Florida the
 9913  Office to establish the entity’s base year purchases. If, upon
 9914  reviewing the application, Jobs Florida the Office determines
 9915  that eligible equipment purchases did not occur, that the amount
 9916  of tax claimed to have been paid or remitted on the eligible
 9917  equipment purchases is not supported by the documentation
 9918  provided, or that the information provided to Jobs Florida the
 9919  Office was otherwise inaccurate, the amount of the refund
 9920  allocation not substantiated shall not be certified. Otherwise,
 9921  Jobs Florida the Office shall determine and certify the amount
 9922  of the refund to the eligible entity and to the department
 9923  within 30 days after the office receives the application for
 9924  certification.
 9925         (9) Jobs Florida the Office shall adopt emergency rules
 9926  governing applications for, issuance of, and procedures for
 9927  allocation and certification and may establish guidelines as to
 9928  the requisites for demonstrating base year purchases and
 9929  eligible equipment purchases.
 9930         Section 147. Subsections (2) and (3) of section 288.1088,
 9931  Florida Statutes, are amended to read:
 9932         288.1088 Quick Action Closing Fund.—
 9933         (2) There is created within Jobs Florida The Office of
 9934  Tourism, Trade, and Economic Development the Quick Action
 9935  Closing Fund. Projects eligible for receipt of funds from the
 9936  Quick Action Closing Fund shall:
 9937         (a) Be in an industry as referenced in s. 288.106.
 9938         (b) Have a positive economic benefit payback ratio of at
 9939  least 5 to 1.
 9940         (c) Be an inducement to the project’s location or expansion
 9941  in the state.
 9942         (d) Pay an average annual wage of at least 125 percent of
 9943  the areawide or statewide private sector average wage.
 9944         (e) Be supported by the local community in which the
 9945  project is to be located.
 9946         (3)(a) Jobs Florida and the Jobs Florida Partnership
 9947  Enterprise Florida, Inc., shall jointly review applications
 9948  pursuant to s. 288.061 and determine the eligibility of each
 9949  project consistent with the criteria in subsection (2). Jobs
 9950  Florida Enterprise Florida, Inc., in consultation with the Jobs
 9951  Florida Partnership, Inc., the Office of Tourism, Trade, and
 9952  Economic Development, may waive these criteria:
 9953         1. Based on extraordinary circumstances;
 9954         2. In order to mitigate the impact of the conclusion of the
 9955  space shuttle program; or
 9956         3. In rural areas of critical economic concern if the
 9957  project would significantly benefit the local or regional
 9958  economy.
 9959         (b) Jobs Florida and the Jobs Florida Partnership
 9960  Enterprise Florida, Inc., shall jointly evaluate individual
 9961  proposals for high-impact business facilities and forward
 9962  recommendations regarding the use of moneys in the fund for such
 9963  facilities to the director of the Office of Tourism, Trade, and
 9964  Economic Development. Such evaluation and recommendation must
 9965  include, but need not be limited to:
 9966         1. A description of the type of facility or infrastructure,
 9967  its operations, and the associated product or service associated
 9968  with the facility.
 9969         2. The number of full-time-equivalent jobs that will be
 9970  created by the facility and the total estimated average annual
 9971  wages of those jobs or, in the case of privately developed rural
 9972  infrastructure, the types of business activities and jobs
 9973  stimulated by the investment.
 9974         3. The cumulative amount of investment to be dedicated to
 9975  the facility within a specified period.
 9976         4. A statement of any special impacts the facility is
 9977  expected to stimulate in a particular business sector in the
 9978  state or regional economy or in the state’s universities and
 9979  community colleges.
 9980         5. A statement of the role the incentive is expected to
 9981  play in the decision of the applicant business to locate or
 9982  expand in this state or for the private investor to provide
 9983  critical rural infrastructure.
 9984         6. A report evaluating the quality and value of the company
 9985  submitting a proposal. The report must include:
 9986         a. A financial analysis of the company, including an
 9987  evaluation of the company’s short-term liquidity ratio as
 9988  measured by its assets to liability, the company’s profitability
 9989  ratio, and the company’s long-term solvency as measured by its
 9990  debt-to-equity ratio;
 9991         b. The historical market performance of the company;
 9992         c. A review of any independent evaluations of the company;
 9993         d. A review of the latest audit of the company’s financial
 9994  statement and the related auditor’s management letter; and
 9995         e. A review of any other types of audits that are related
 9996  to the internal and management controls of the company.
 9997         (c)1. Within 7 business 22 calendar days after evaluating a
 9998  project, Jobs Florida receiving the evaluation and
 9999  recommendation from Enterprise Florida, Inc., the director of
10000  the Office of Tourism, Trade, and Economic Development shall
10001  recommend to the Governor approval or disapproval of a project
10002  for receipt of funds from the Quick Action Closing Fund. In
10003  recommending a project, Jobs Florida the director shall include
10004  proposed performance conditions that the project must meet to
10005  obtain incentive funds.
10006         2. The Governor may approve projects without consulting the
10007  Legislature for projects requiring less than $1 million in
10008  funding.
10009         3. For projects requiring funding in the amount of $1
10010  million to $5 million, the Governor shall provide a written the
10011  description and evaluation of a project projects recommended for
10012  approval to the President of the Senate, and the Speaker of the
10013  House of Representatives, and the chairs of the Senate and House
10014  appropriations committees that oversee economic development
10015  funding, and, no sooner than 3 days subsequent to providing the
10016  written project descriptions and evaluations, shall consult with
10017  the President of the Senate and the Speaker of the House of
10018  Representatives before giving final approval for a project. At
10019  least 14 days before releasing funds for a project, the
10020  Executive Office of the Governor shall recommend approval of the
10021  project and the release of funds by delivering notice of such
10022  action pursuant to the legislative consultation and review
10023  requirements set forth in s. 216.177. The recommendation must
10024  include proposed performance conditions that the project must
10025  meet in order to obtain funds.
10026         4. If the chair or vice chair of the Legislative Budget
10027  Commission or the President of the Senate or the Speaker of the
10028  House of Representatives timely advises the Executive Office of
10029  the Governor, in writing, that such action or proposed action
10030  exceeds the delegated authority of the Executive Office of the
10031  Governor or is contrary to legislative policy or intent, the
10032  Executive Office of the Governor shall void the release of funds
10033  and instruct the Office of Tourism, Trade, and Economic
10034  Development to immediately change such action or proposed action
10035  until the Legislative Budget Commission or the Legislature
10036  addresses the issue. Notwithstanding such requirement, any
10037  project exceeding $5 million $2,000,000 must be approved by the
10038  Legislative Budget Commission prior to the funds being released.
10039         (d) Upon the approval of the Governor, Jobs Florida the
10040  director of the Office of Tourism, Trade, and Economic
10041  Development and the business shall enter into a contract that
10042  sets forth the conditions for payment of moneys from the fund.
10043  The contract must include the total amount of funds awarded; the
10044  performance conditions that must be met to obtain the award,
10045  including, but not limited to, net new employment in the state,
10046  average salary, and total capital investment; demonstrate a
10047  baseline of current service and a measure of enhanced
10048  capability; the methodology for validating performance; the
10049  schedule of payments from the fund; and sanctions for failure to
10050  meet performance conditions. The contract must provide that
10051  payment of moneys from the fund is contingent upon sufficient
10052  appropriation of funds by the Legislature.
10053         (e) The Jobs Florida Partnership Enterprise Florida, Inc.,
10054  shall validate contractor performance. Such validation shall be
10055  reported within 6 months after completion of the contract to the
10056  Governor, President of the Senate, and the Speaker of the House
10057  of Representatives.
10058         Section 148. Subsection (1), paragraphs (b), (f), and (o)
10059  of subsection (2), and subsections (3), through (9), (11), and
10060  (12) of section 288.1089, Florida Statutes, are amended, and
10061  present paragraphs (g) through (n) and (p) through (s) of
10062  subsection (2) are redesignated as paragraphs (f) through (p),
10063  respectively, to read:
10064         288.1089 Innovation Incentive Program.—
10065         (1) The Innovation Incentive Program is created within Jobs
10066  Florida The Office of Tourism, Trade, and Economic Development
10067  to ensure that sufficient resources are available to allow the
10068  state to respond expeditiously to extraordinary economic
10069  opportunities and to compete effectively for high-value research
10070  and development, innovation business, and alternative and
10071  renewal energy projects.
10072         (2) As used in this section, the term:
10073         (b) “Average private sector wage” means the statewide
10074  average wage in the private sector or the average of all private
10075  sector wages in the county or in the standard metropolitan area
10076  in which the project is located as determined by Jobs Florida
10077  the Agency for Workforce Innovation.
10078         (f) “Director” means the director of the Office of Tourism,
10079  Trade, and Economic Development.
10080         (o) “Office” means the Office of Tourism, Trade, and
10081  Economic Development.
10082         (3) To be eligible for consideration for an innovation
10083  incentive award, an innovation business, a research and
10084  development entity, or an alternative and renewable energy
10085  company must submit a written application to the Jobs Florida
10086  Partnership Enterprise Florida, Inc., before making a decision
10087  to locate new operations in this state or expand an existing
10088  operation in this state. The application must include, but not
10089  be limited to:
10090         (a) The applicant’s federal employer identification number,
10091  unemployment account number, and state sales tax registration
10092  number. If such numbers are not available at the time of
10093  application, they must be submitted to the office in writing
10094  prior to the disbursement of any payments under this section.
10095         (b) The location in this state at which the project is
10096  located or is to be located.
10097         (c) A description of the type of business activity,
10098  product, or research and development undertaken by the
10099  applicant, including six-digit North American Industry
10100  Classification System codes for all activities included in the
10101  project.
10102         (d) The applicant’s projected investment in the project.
10103         (e) The total investment, from all sources, in the project.
10104         (f) The number of net new full-time equivalent jobs in this
10105  state the applicant anticipates having created as of December 31
10106  of each year in the project and the average annual wage of such
10107  jobs.
10108         (g) The total number of full-time equivalent employees
10109  currently employed by the applicant in this state, if
10110  applicable.
10111         (h) The anticipated commencement date of the project.
10112         (i) A detailed explanation of why the innovation incentive
10113  is needed to induce the applicant to expand or locate in the
10114  state and whether an award would cause the applicant to locate
10115  or expand in this state.
10116         (j) If applicable, an estimate of the proportion of the
10117  revenues resulting from the project that will be generated
10118  outside this state.
10119         (4) To qualify for review by Jobs Florida the Office, the
10120  applicant must, at a minimum, establish the following to the
10121  satisfaction of Jobs Florida and the Jobs Florida Partnership
10122  Enterprise Florida, Inc., and the Office:
10123         (a) The jobs created by the project must pay an estimated
10124  annual average wage equaling at least 130 percent of the average
10125  private sector wage. Jobs Florida The Office may waive this
10126  average wage requirement at the request of the Jobs Florida
10127  Partnership Enterprise Florida, Inc., for a project located in a
10128  rural area, a brownfield area, or an enterprise zone, when the
10129  merits of the individual project or the specific circumstances
10130  in the community in relationship to the project warrant such
10131  action. A recommendation for waiver by the Jobs Florida
10132  Partnership Enterprise Florida, Inc., must include a specific
10133  justification for the waiver and be transmitted to Jobs Florida
10134  the Office in writing. If Jobs Florida the director elects to
10135  waive the wage requirement, the waiver must be stated in writing
10136  and the reasons for granting the waiver must be explained.
10137         (b) A research and development project must:
10138         1. Serve as a catalyst for an emerging or evolving
10139  technology cluster.
10140         2. Demonstrate a plan for significant higher education
10141  collaboration.
10142         3. Provide the state, at a minimum, a break-even return on
10143  investment within a 20-year period.
10144         4. Be provided with a one-to-one match from the local
10145  community. The match requirement may be reduced or waived in
10146  rural areas of critical economic concern or reduced in rural
10147  areas, brownfield areas, and enterprise zones.
10148         (c) An innovation business project in this state, other
10149  than a research and development project, must:
10150         1.a. Result in the creation of at least 1,000 direct, new
10151  jobs at the business; or
10152         b. Result in the creation of at least 500 direct, new jobs
10153  if the project is located in a rural area, a brownfield area, or
10154  an enterprise zone.
10155         2. Have an activity or product that is within an industry
10156  that is designated as a target industry business under s.
10157  288.106 or a designated sector under s. 288.108.
10158         3.a. Have a cumulative investment of at least $500 million
10159  within a 5-year period; or
10160         b. Have a cumulative investment that exceeds $250 million
10161  within a 10-year period if the project is located in a rural
10162  area, brownfield area, or an enterprise zone.
10163         4. Be provided with a one-to-one match from the local
10164  community. The match requirement may be reduced or waived in
10165  rural areas of critical economic concern or reduced in rural
10166  areas, brownfield areas, and enterprise zones.
10167         (d) For an alternative and renewable energy project in this
10168  state, the project must:
10169         1. Demonstrate a plan for significant collaboration with an
10170  institution of higher education;
10171         2. Provide the state, at a minimum, a break-even return on
10172  investment within a 20-year period;
10173         3. Include matching funds provided by the applicant or
10174  other available sources. The match requirement may be reduced or
10175  waived in rural areas of critical economic concern or reduced in
10176  rural areas, brownfield areas, and enterprise zones;
10177         4. Be located in this state; and
10178         5. Provide at least 35 direct, new jobs that pay an
10179  estimated annual average wage that equals at least 130 percent
10180  of the average private sector wage.
10181         (5) The Jobs Florida Partnership Enterprise Florida, Inc.,
10182  shall evaluate proposals for all three categories of innovation
10183  incentive awards and transmit recommendations for awards to Jobs
10184  Florida the Office. Before making its recommendations on
10185  alternative and renewable energy projects, the Jobs Florida
10186  Partnership, Inc., Enterprise Florida, Inc., shall solicit
10187  comments and recommendations from the Florida Energy and Climate
10188  Commission. For each project, the evaluation and recommendation
10189  to Jobs Florida the office must include, but need not be limited
10190  to:
10191         (a) A description of the project, its required facilities,
10192  and the associated product, service, or research and development
10193  associated with the project.
10194         (b) The percentage of match provided for the project.
10195         (c) The number of full-time equivalent jobs that will be
10196  created by the project, the total estimated average annual wages
10197  of such jobs, and the types of business activities and jobs
10198  likely to be stimulated by the project.
10199         (d) The cumulative investment to be dedicated to the
10200  project within 5 years and the total investment expected in the
10201  project if more than 5 years.
10202         (e) The projected economic and fiscal impacts on the local
10203  and state economies relative to investment.
10204         (f) A statement of any special impacts the project is
10205  expected to stimulate in a particular business sector in the
10206  state or regional economy or in the state’s universities and
10207  community colleges.
10208         (g) A statement of any anticipated or proposed
10209  relationships with state universities.
10210         (h) A statement of the role the incentive is expected to
10211  play in the decision of the applicant to locate or expand in
10212  this state.
10213         (i) A recommendation and explanation of the amount of the
10214  award needed to cause the applicant to expand or locate in this
10215  state.
10216         (j) A discussion of the efforts and commitments made by the
10217  local community in which the project is to be located to induce
10218  the applicant’s location or expansion, taking into consideration
10219  local resources and abilities.
10220         (k) A recommendation for specific performance criteria the
10221  applicant would be expected to achieve in order to receive
10222  payments from the fund and penalties or sanctions for failure to
10223  meet or maintain performance conditions.
10224         (l) Additional evaluative criteria for a research and
10225  development facility project, including:
10226         1. A description of the extent to which the project has the
10227  potential to serve as catalyst for an emerging or evolving
10228  cluster.
10229         2. A description of the extent to which the project has or
10230  could have a long-term collaborative research and development
10231  relationship with one or more universities or community colleges
10232  in this state.
10233         3. A description of the existing or projected impact of the
10234  project on established clusters or targeted industry sectors.
10235         4. A description of the project’s contribution to the
10236  diversity and resiliency of the innovation economy of this
10237  state.
10238         5. A description of the project’s impact on special needs
10239  communities, including, but not limited to, rural areas,
10240  distressed urban areas, and enterprise zones.
10241         (m) Additional evaluative criteria for alternative and
10242  renewable energy proposals, including:
10243         1. The availability of matching funds or other in-kind
10244  contributions applied to the total project from an applicant.
10245  The commission shall give greater preference to projects that
10246  provide such matching funds or other in-kind contributions.
10247         2. The degree to which the project stimulates in-state
10248  capital investment and economic development in metropolitan and
10249  rural areas, including the creation of jobs and the future
10250  development of a commercial market for renewable energy
10251  technologies.
10252         3. The extent to which the proposed project has been
10253  demonstrated to be technically feasible based on pilot project
10254  demonstrations, laboratory testing, scientific modeling, or
10255  engineering or chemical theory that supports the proposal.
10256         4. The degree to which the project incorporates an
10257  innovative new technology or an innovative application of an
10258  existing technology.
10259         5. The degree to which a project generates thermal,
10260  mechanical, or electrical energy by means of a renewable energy
10261  resource that has substantial long-term production potential.
10262         6. The degree to which a project demonstrates efficient use
10263  of energy and material resources.
10264         7. The degree to which the project fosters overall
10265  understanding and appreciation of renewable energy technologies.
10266         8. The ability to administer a complete project.
10267         9. Project duration and timeline for expenditures.
10268         10. The geographic area in which the project is to be
10269  conducted in relation to other projects.
10270         11. The degree of public visibility and interaction.
10271         (6) In consultation with the Jobs Florida Partnership,
10272  Inc., Jobs Florida Enterprise Florida, Inc., the Office may
10273  negotiate the proposed amount of an award for any applicant
10274  meeting the requirements of this section. In negotiating such
10275  award, Jobs Florida the office shall consider the amount of the
10276  incentive needed to cause the applicant to locate or expand in
10277  this state in conjunction with other relevant applicant impact
10278  and cost information and analysis as described in this section.
10279  Particular emphasis shall be given to the potential for the
10280  project to stimulate additional private investment and high
10281  quality employment opportunities in the area.
10282         (7) Upon receipt of the evaluation and recommendation from
10283  the Jobs Florida Partnership, Inc., Jobs Florida Enterprise
10284  Florida, Inc., the director shall recommend to the Governor the
10285  approval or disapproval of an award. In recommending approval of
10286  an award, Jobs Florida the director shall include proposed
10287  performance conditions that the applicant must meet in order to
10288  obtain incentive funds and any other conditions that must be met
10289  before the receipt of any incentive funds. The Governor shall
10290  consult with the President of the Senate and the Speaker of the
10291  House of Representatives before giving approval for an award.
10292  Upon review and approval of an award by the Legislative Budget
10293  Commission, the Executive Office of the Governor shall release
10294  the funds.
10295         (8)(a) After the conditions set forth in subsection (7)
10296  have been met, Jobs Florida the director shall issue a letter
10297  certifying the applicant as qualified for an award. Jobs Florida
10298  the Office and the award recipient shall enter into an agreement
10299  that sets forth the conditions for payment of the incentive
10300  funds. The agreement must include, at a minimum:
10301         1. The total amount of funds awarded.
10302         2. The performance conditions that must be met in order to
10303  obtain the award or portions of the award, including, but not
10304  limited to, net new employment in the state, average wage, and
10305  total cumulative investment.
10306         3. Demonstration of a baseline of current service and a
10307  measure of enhanced capability.
10308         4. The methodology for validating performance.
10309         5. The schedule of payments.
10310         6. Sanctions for failure to meet performance conditions,
10311  including any clawback provisions.
10312         (b) Additionally, agreements signed on or after July 1,
10313  2009, must include the following provisions:
10314         1. Notwithstanding subsection (4), a requirement that the
10315  jobs created by the recipient of the incentive funds pay an
10316  annual average wage at least equal to the relevant industry’s
10317  annual average wage or at least 130 percent of the average
10318  private sector wage, whichever is greater.
10319         2. A reinvestment requirement. Each recipient of an award
10320  shall reinvest up to 15 percent of net royalty revenues,
10321  including revenues from spin-off companies and the revenues from
10322  the sale of stock it receives from the licensing or transfer of
10323  inventions, methods, processes, and other patentable discoveries
10324  conceived or reduced to practice using its facilities in Florida
10325  or its Florida-based employees, in whole or in part, and to
10326  which the recipient of the grant becomes entitled during the 20
10327  years following the effective date of its agreement with the
10328  office. Each recipient of an award also shall reinvest up to 15
10329  percent of the gross revenues it receives from naming
10330  opportunities associated with any facility it builds in this
10331  state. Reinvestment payments shall commence no later than 6
10332  months after the recipient of the grant has received the final
10333  disbursement under the contract and shall continue until the
10334  maximum reinvestment, as specified in the contract, has been
10335  paid. Reinvestment payments shall be remitted to the office for
10336  deposit in the Biomedical Research Trust Fund for companies
10337  specializing in biomedicine or life sciences, or in the Economic
10338  Development Trust Fund for companies specializing in fields
10339  other than biomedicine or the life sciences. If these trust
10340  funds no longer exist at the time of the reinvestment, the
10341  state’s share of reinvestment shall be deposited in their
10342  successor trust funds as determined by law. Each recipient of an
10343  award shall annually submit a schedule of the shares of stock
10344  held by it as payment of the royalty required by this paragraph
10345  and report on any trades or activity concerning such stock. Each
10346  recipient’s reinvestment obligations survive the expiration or
10347  termination of its agreement with the state.
10348         3. Requirements for the establishment of internship
10349  programs or other learning opportunities for educators and
10350  secondary, postsecondary, graduate, and doctoral students.
10351         4. A requirement that the recipient submit quarterly
10352  reports and annual reports related to activities and performance
10353  to Jobs Florida the Office, according to standardized reporting
10354  periods.
10355         5. A requirement for an annual accounting to Jobs Florida
10356  the Office of the expenditure of funds disbursed under this
10357  section.
10358         6. A process for amending the agreement.
10359         (9) Jobs Florida, assisted by the Jobs Florida Partnership
10360  Enterprise Florida, Inc., shall validate assist the Office in
10361  validating the performance of an innovation business, a research
10362  and development facility, or an alternative and renewable energy
10363  business that has received an award. At the conclusion of the
10364  innovation incentive award agreement, or its earlier
10365  termination, Jobs Florida Enterprise Florida, Inc., shall,
10366  within 90 days, submit a report to the Governor, the President
10367  of the Senate, and the Speaker of the House of Representatives
10368  detailing whether the recipient of the innovation incentive
10369  grant achieved its specified outcomes.
10370         (11)(a) Beginning January 5, 2010, and every year
10371  thereafter, On January 5 of each year, Jobs Florida the Office
10372  shall submit to the Governor, the President of the Senate, and
10373  the Speaker of the House of Representatives a report summarizing
10374  the activities and accomplishments of the recipients of grants
10375  from the Innovation Incentive Program during the previous 12
10376  months and an evaluation by the office of whether the recipients
10377  are catalysts for additional direct and indirect economic
10378  development in Florida.
10379         (b) Beginning March 1, 2010, and every third year
10380  thereafter, the Office of Program Policy Analysis and Government
10381  Accountability, in consultation with the Auditor General’s
10382  Office, shall release a report evaluating the Innovation
10383  Incentive Program’s progress toward creating clusters of high
10384  wage, high-skilled, complementary industries that serve as
10385  catalysts for economic growth specifically in the regions in
10386  which they are located, and generally for the state as a whole.
10387  Such report should include critical analyses of quarterly and
10388  annual reports, annual audits, and other documents prepared by
10389  the Innovation Incentive Program awardees; relevant economic
10390  development reports prepared by Jobs Florida, the Jobs Florida
10391  Partnership the office, Enterprise Florida, Inc., and local or
10392  regional economic development organizations; interviews with the
10393  parties involved; and any other relevant data. Such report
10394  should also include legislative recommendations, if necessary,
10395  on how to improve the Innovation Incentive Program so that the
10396  program reaches its anticipated potential as a catalyst for
10397  direct and indirect economic development in this state.
10398         (12) Jobs Florida the Office may seek the assistance of the
10399  Office of Program Policy Analysis and Government Accountability,
10400  the Legislature’s Office of Economic and Demographic Research,
10401  and other entities for the purpose of developing performance
10402  measures or techniques to quantify the synergistic economic
10403  development impacts that awardees of grants are having within
10404  their communities.
10405         Section 149. Section 288.1095, Florida Statutes, is amended
10406  to read:
10407         288.1095 Information concerning the One-Stop Permitting
10408  System.—Jobs Florida The Office of Tourism, Trade, and Economic
10409  Development shall develop literature that explains the One-Stop
10410  Permitting System and identifies those counties that have been
10411  designated as Quick Permitting Counties. The literature must be
10412  updated at least once each year. To the maximum extent feasible,
10413  state agencies and the Jobs Florida Partnership Enterprise
10414  Florida, Inc., shall distribute such literature and inform the
10415  public of the One-Stop Permitting System and the Quick
10416  Permitting Counties. In addition, the Jobs Florida Partnership
10417  Enterprise Florida, Inc., shall provide this information to
10418  prospective, new, expanding, and relocating businesses seeking
10419  to conduct business in this state, municipalities, counties,
10420  economic-development organizations, and chambers of commerce.
10421         Section 150. Subsections (1) and (2), paragraphs (d) and
10422  (e) of subsection (4), paragraph (a) of subsection (6), and
10423  subsection (8) of section 288.1162, Florida Statutes, are
10424  amended to read:
10425         288.1162 Professional sports franchises; duties.—
10426         (1) The Division of Strategic Business Development of Jobs
10427  Florida Office of Tourism, Trade, and Economic Development shall
10428  serve as the state agency for screening applicants for state
10429  funding under s. 212.20 and for certifying an applicant as a
10430  facility for a new or retained professional sports franchise.
10431         (2) The Division of Strategic Business Development of Jobs
10432  Florida Office of Tourism, Trade, and Economic Development shall
10433  develop rules for the receipt and processing of applications for
10434  funding under s. 212.20.
10435         (4) Before certifying an applicant as a facility for a new
10436  or retained professional sports franchise, the Division of
10437  Strategic Business Development of Jobs Florida Office of
10438  Tourism, Trade, and Economic Development must determine that:
10439         (d) The applicant has projections, verified by the Division
10440  of Strategic Business Development of Jobs Florida Office of
10441  Tourism, Trade, and Economic Development, which demonstrate that
10442  the new or retained professional sports franchise will attract a
10443  paid attendance of more than 300,000 annually.
10444         (e) The applicant has an independent analysis or study,
10445  verified by the Division of Strategic Business Development of
10446  Jobs Florida Office of Tourism, Trade, and Economic Development,
10447  which demonstrates that the amount of the revenues generated by
10448  the taxes imposed under chapter 212 with respect to the use and
10449  operation of the professional sports franchise facility will
10450  equal or exceed $2 million annually.
10451         (6)(a) The Division of Strategic Business Development of
10452  Jobs Florida Office of Tourism, Trade, and Economic Development
10453  shall notify the Department of Revenue of any facility certified
10454  as a facility for a new or retained professional sports
10455  franchise. The Division of Strategic Business Development of
10456  Jobs Florida Office of Tourism, Trade, and Economic Development
10457  shall certify no more than eight facilities as facilities for a
10458  new professional sports franchise or as facilities for a
10459  retained professional sports franchise, including in the total
10460  any facilities certified by the former Department of Commerce
10461  before July 1, 1996. The division office may make no more than
10462  one certification for any facility.
10463         (8) An applicant is not qualified for certification under
10464  this section if the franchise formed the basis for a previous
10465  certification, unless the previous certification was withdrawn
10466  by the facility or invalidated by the Division of Strategic
10467  Business Development of Jobs Florida Office of Tourism, Trade,
10468  and Economic Development or the former Department of Commerce
10469  before any funds were distributed under s. 212.20. This
10470  subsection does not disqualify an applicant if the previous
10471  certification occurred between May 23, 1993, and May 25, 1993;
10472  however, any funds to be distributed under s. 212.20 for the
10473  second certification shall be offset by the amount distributed
10474  to the previous certified facility. Distribution of funds for
10475  the second certification shall not be made until all amounts
10476  payable for the first certification are distributed.
10477         Section 151. Subsections (1), (2), (4), (5), (6), (7), and
10478  (8) of section 288.11621, Florida Statutes, are amended to read:
10479         288.11621 Spring training baseball franchises.—
10480         (1) DEFINITIONS.—As used in this section, the term:
10481         (a) “Agreement” means a certified, signed lease between an
10482  applicant that applies for certification on or after July 1,
10483  2010, and the spring training franchise for the use of a
10484  facility.
10485         (b) “Applicant” means a unit of local government as defined
10486  in s. 218.369, including local governments located in the same
10487  county that have partnered with a certified applicant before the
10488  effective date of this section or with an applicant for a new
10489  certification, for purposes of sharing in the responsibilities
10490  of a facility.
10491         (c) “Certified applicant” means a facility for a spring
10492  training franchise that was certified before July 1, 2010, under
10493  s. 288.1162(5), Florida Statutes 2009, or a unit of local
10494  government that is certified under this section.
10495         (d) “Facility” means a spring training stadium, playing
10496  fields, and appurtenances intended to support spring training
10497  activities.
10498         (e) “Local funds” and “local matching funds” mean funds
10499  provided by a county, municipality, or other local government.
10500         (f) “Office” means The Office of Tourism, Trade, and
10501  Economic Development.
10502         (2) CERTIFICATION PROCESS.—
10503         (a) Before certifying an applicant to receive state funding
10504  for a facility for a spring training franchise, Jobs Florida the
10505  Office must verify that:
10506         1. The applicant is responsible for the acquisition,
10507  construction, management, or operation of the facility for a
10508  spring training franchise or holds title to the property on
10509  which the facility for a spring training franchise is located.
10510         2. The applicant has a certified copy of a signed agreement
10511  with a spring training franchise for the use of the facility for
10512  a term of at least 20 years. The agreement also must require the
10513  franchise to reimburse the state for state funds expended by an
10514  applicant under this section if the franchise relocates before
10515  the agreement expires. The agreement may be contingent on an
10516  award of funds under this section and other conditions
10517  precedent.
10518         3. The applicant has made a financial commitment to provide
10519  50 percent or more of the funds required by an agreement for the
10520  acquisition, construction, or renovation of the facility for a
10521  spring training franchise. The commitment may be contingent upon
10522  an award of funds under this section and other conditions
10523  precedent.
10524         4. The applicant demonstrates that the facility for a
10525  spring training franchise will attract a paid attendance of at
10526  least 50,000 annually to the spring training games.
10527         5. The facility for a spring training franchise is located
10528  in a county that levies a tourist development tax under s.
10529  125.0104.
10530         (b) Jobs Florida The office shall competitively evaluate
10531  applications for state funding of a facility for a spring
10532  training franchise. The total number of certifications may not
10533  exceed 10 at any time. The evaluation criteria must include,
10534  with priority given in descending order to, the following items:
10535         1. The anticipated effect on the economy of the local
10536  community where the spring training facility is to be built,
10537  including projections on paid attendance, local and state tax
10538  collections generated by spring training games, and direct and
10539  indirect job creation resulting from the spring training
10540  activities. Priority shall be given to applicants who can
10541  demonstrate the largest projected economic impact.
10542         2. The amount of the local matching funds committed to a
10543  facility relative to the amount of state funding sought, with
10544  priority given to applicants that commit the largest amount of
10545  local matching funds relative to the amount of state funding
10546  sought.
10547         3. The potential for the facility to serve multiple uses.
10548         4. The intended use of the funds by the applicant, with
10549  priority given to the funds being used to acquire a facility,
10550  construct a new facility, or renovate an existing facility.
10551         5. The length of time that a spring training franchise has
10552  been under an agreement to conduct spring training activities
10553  within an applicant’s geographic location or jurisdiction, with
10554  priority given to applicants having agreements with the same
10555  franchise for the longest period of time.
10556         6. The length of time that an applicant’s facility has been
10557  used by one or more spring training franchises, with priority
10558  given to applicants whose facilities have been in continuous use
10559  as facilities for spring training the longest.
10560         7. The term remaining on a lease between an applicant and a
10561  spring training franchise for a facility, with priority given to
10562  applicants having the shortest lease terms remaining.
10563         8. The length of time that a spring training franchise
10564  agrees to use an applicant’s facility if an application is
10565  granted under this section, with priority given to applicants
10566  having agreements for the longest future use.
10567         9. The net increase of total active recreation space owned
10568  by the applicant after an acquisition of land for the facility,
10569  with priority given to applicants having the largest percentage
10570  increase of total active recreation space that will be available
10571  for public use.
10572         10. The location of the facility in a brownfield, an
10573  enterprise zone, a community redevelopment area, or other area
10574  of targeted development or revitalization included in an urban
10575  infill redevelopment plan, with priority given to applicants
10576  having facilities located in these areas.
10577         (c) Each applicant certified on or after July 1, 2010,
10578  shall enter into an agreement with the office that:
10579         1. Specifies the amount of the state incentive funding to
10580  be distributed.
10581         2. States the criteria that the certified applicant must
10582  meet in order to remain certified.
10583         3. States that the certified applicant is subject to
10584  decertification if the certified applicant fails to comply with
10585  this section or the agreement.
10586         4. States that the Jobs Florida Office may recover state
10587  incentive funds if the certified applicant is decertified.
10588         5. Specifies information that the certified applicant must
10589  report to the Jobs Florida Office.
10590         6. Includes any provision deemed prudent by the Jobs
10591  Florida Office.
10592         (4) ANNUAL REPORTS.—On or before September 1 of each year,
10593  a certified applicant shall submit to Jobs Florida the Office a
10594  report that includes, but is not limited to:
10595         (a) A copy of its most recent annual audit.
10596         (b) A detailed report on all local and state funds expended
10597  to date on the project being financed under this section.
10598         (c) A copy of the contract between the certified local
10599  governmental entity and the spring training team.
10600         (d) A cost-benefit analysis of the team’s impact on the
10601  community.
10602         (e) Evidence that the certified applicant continues to meet
10603  the criteria in effect when the applicant was certified.
10604         (5) DECERTIFICATION.—
10605         (a) Jobs Florida The Office shall decertify a certified
10606  applicant upon the request of the certified applicant.
10607         (b) Jobs Florida The Office shall decertify a certified
10608  applicant if the certified applicant does not:
10609         1. Have a valid agreement with a spring training franchise;
10610  or
10611         2. Satisfy its commitment to provide local matching funds
10612  to the facility.
10613  
10614  However, decertification proceedings against a local government
10615  certified before July 1, 2010, shall be delayed until 12 months
10616  after the expiration of the local government’s existing
10617  agreement with a spring training franchise, and without a new
10618  agreement being signed, if the certified local government can
10619  demonstrate to the office that it is in active negotiations with
10620  a major league spring training franchise, other than the
10621  franchise that was the basis for the original certification.
10622         (c) A certified applicant has 60 days after it receives a
10623  notice of intent to decertify from Jobs Florida the Office to
10624  petition the office’s director for review of the
10625  decertification. Within 45 days after receipt of the request for
10626  review, Jobs Florida the director must notify a certified
10627  applicant of the outcome of the review.
10628         (d) Jobs Florida the Office shall notify the Department of
10629  Revenue that a certified applicant is decertified within 10 days
10630  after the order of decertification becomes final. The Department
10631  of Revenue shall immediately stop the payment of any funds under
10632  this section that were not encumbered by the certified applicant
10633  under subparagraph (3)(a)2.
10634         (e) Jobs Florida the Office shall order a decertified
10635  applicant to repay all of the unencumbered state funds that the
10636  local government received under this section and any interest
10637  that accrued on those funds. The repayment must be made within
10638  60 days after the decertification order becomes final. These
10639  funds shall be deposited into the General Revenue Fund.
10640         (f) A local government as defined in s. 218.369 may not be
10641  decertified by Jobs Florida if it has paid or pledged for the
10642  payment of debt service on, or to fund debt service reserve
10643  funds, arbitrage rebate obligations, or other amounts payable
10644  with respect thereto, bonds issued for the acquisition,
10645  construction, reconstruction, or renovation of the facility for
10646  which the local government was certified, or for the
10647  reimbursement of such costs or the refinancing of bonds issued
10648  for the acquisition, construction, reconstruction, or renovation
10649  of the facility for which the local government was certified, or
10650  for the reimbursement of such costs or the refinancing of bonds
10651  issued for such purpose. This subsection does not preclude or
10652  restrict the ability of a certified local government to
10653  refinance, refund, or defease such bonds.
10654         (6) ADDITIONAL CERTIFICATIONS.—If Jobs Florida the Office
10655  decertifies a unit of local government, Jobs Florida the Office
10656  may accept applications for an additional certification. A unit
10657  of local government may not be certified for more than one
10658  spring training franchise at any time.
10659         (7) STRATEGIC PLANNING.—
10660         (a) Jobs Florida The Office shall request assistance from
10661  the Jobs Florida Partnership, Inc., Florida Sports Foundation
10662  and the Florida Grapefruit League Association to update every 5
10663  years the spring training develop a comprehensive strategic plan
10664  that to:
10665         1. Explores alternatives for financing Finance spring
10666  training facilities.
10667         2. Evaluates and monitors Monitor and oversee the use of
10668  state funds awarded to applicants.
10669         3. Identifies Identify the financial impact that spring
10670  training has on the state and ways in which to maintain or
10671  improve that impact.
10672         4. Identifies Identify opportunities to develop public
10673  private partnerships to engage in marketing activities and
10674  advertise spring training baseball.
10675         5. Identifies Identify efforts made by other states to
10676  maintain or develop partnerships with baseball spring training
10677  teams.
10678         6. Develops Develop recommendations for the Legislature to
10679  sustain or improve this state’s spring training tradition.
10680         (b) Jobs Florida The office shall submit a copy of the
10681  updated strategic plan to the Governor, the President of the
10682  Senate, and the Speaker of the House of Representatives by
10683  December 31 of every fifth year, beginning in 2015, 2010.
10684         (8) RULEMAKING.—Jobs Florida The office shall adopt rules
10685  to implement the certification, decertification, and
10686  decertification review processes required by this section.
10687         Section 152. Subsections (1), (2), and (4) of section
10688  288.1168, Florida Statutes, are amended to read:
10689         288.1168 Professional golf hall of fame facility.—
10690         (1) The Division of Strategic Business Development of Jobs
10691  Florida Department of Commerce shall serve as the state agency
10692  for screening applicants for state funding pursuant to s. 212.20
10693  and for certifying one applicant as the professional golf hall
10694  of fame facility in the state.
10695         (2) Prior to certifying the professional golf hall of fame
10696  facility, the Division of Strategic Business Development of Jobs
10697  Florida Department of Commerce must determine that:
10698         (a) The professional golf hall of fame facility is the only
10699  professional golf hall of fame in the United States recognized
10700  by the PGA Tour, Inc.
10701         (b) The applicant is a unit of local government as defined
10702  in s. 218.369 or a private sector group that has contracted to
10703  construct or operate the professional golf hall of fame facility
10704  on land owned by a unit of local government.
10705         (c) The municipality in which the professional golf hall of
10706  fame facility is located, or the county if the facility is
10707  located in an unincorporated area, has certified by resolution
10708  after a public hearing that the application serves a public
10709  purpose.
10710         (d) There are existing projections that the professional
10711  golf hall of fame facility will attract a paid attendance of
10712  more than 300,000 annually.
10713         (e) There is an independent analysis or study, using
10714  methodology approved by the division department, which
10715  demonstrates that the amount of the revenues generated by the
10716  taxes imposed under chapter 212 with respect to the use and
10717  operation of the professional golf hall of fame facility will
10718  equal or exceed $2 million annually.
10719         (f) The applicant has submitted an agreement to provide $2
10720  million annually in national and international media promotion
10721  of the professional golf hall of fame facility, Florida, and
10722  Florida tourism, through the PGA Tour, Inc., or its affiliates,
10723  at the then-current commercial rate, during the period of time
10724  that the facility receives funds pursuant to s. 212.20. The
10725  Office of Tourism, Trade, and Economic Development and the PGA
10726  Tour, Inc., or its affiliates, must agree annually on a
10727  reasonable percentage of advertising specifically allocated for
10728  generic Florida advertising. The Office of Tourism, Trade, and
10729  Economic Development shall have final approval of all generic
10730  advertising. Failure on the part of the PGA Tour, Inc., or its
10731  affiliates to annually provide the advertising as provided in
10732  this paragraph or subsection (6) shall result in the termination
10733  of funding as provided in s. 212.20.
10734         (g) Documentation exists that demonstrates that the
10735  applicant has provided, is capable of providing, or has
10736  financial or other commitments to provide more than one-half of
10737  the costs incurred or related to the improvement and development
10738  of the facility.
10739         (h) The application is signed by an official senior
10740  executive of the applicant and is notarized according to Florida
10741  law providing for penalties for falsification.
10742         (4) Upon determining that an applicant is or is not
10743  certifiable, the Division of Strategic Business Development of
10744  Jobs Florida Secretary of Commerce shall notify the applicant of
10745  his or her status by means of an official letter. If
10746  certifiable, the division secretary shall notify the executive
10747  director of the Department of Revenue and the applicant of such
10748  certification by means of an official letter granting
10749  certification. From the date of such certification, the
10750  applicant shall have 5 years to open the professional golf hall
10751  of fame facility to the public and notify the Office of Tourism,
10752  Trade, and Economic Development of such opening. The Department
10753  of Revenue shall not begin distributing funds until 30 days
10754  following notice by the division Office of Tourism, Trade, and
10755  Economic Development that the professional golf hall of fame
10756  facility is open to the public.
10757         Section 153. Section 288.1169, Florida Statutes, is amended
10758  to read:
10759         288.1169 International Game Fish Association World Center
10760  facility.—
10761         (1) The Division of Strategic Business Development of Jobs
10762  Florida Department of Commerce shall serve as the state agency
10763  approving applicants for funding pursuant to s. 212.20 and for
10764  certifying the applicant as the International Game Fish
10765  Association World Center facility. For purposes of this section,
10766  “facility” means the International Game Fish Association World
10767  Center, and “project” means the International Game Fish
10768  Association World Center and new colocated improvements by
10769  private sector concerns who have made cash or in-kind
10770  contributions to the facility of $1 million or more.
10771         (2) Prior to certifying this facility, the division
10772  department must determine that:
10773         (a) The International Game Fish Association World Center is
10774  the only fishing museum, Hall of Fame, and international
10775  administrative headquarters in the United States recognized by
10776  the International Game Fish Association, and that one or more
10777  private sector concerns have committed to donate to the
10778  International Game Fish Association land upon which the
10779  International Game Fish Association World Center will operate.
10780         (b) International Game Fish Association is a not-for-profit
10781  Florida corporation that has contracted to construct and operate
10782  the facility.
10783         (c) The municipality in which the facility is located, or
10784  the county if the facility is located in an unincorporated area,
10785  has certified by resolution after a public hearing that the
10786  facility serves a public purpose.
10787         (d) There are existing projections that the International
10788  Game Fish Association World Center facility and the colocated
10789  facilities of private sector concerns will attract an attendance
10790  of more than 1.8 million annually.
10791         (e) There is an independent analysis or study, using
10792  methodology approved by the division department, which
10793  demonstrates that the amount of the revenues generated by the
10794  taxes imposed under chapter 212 with respect to the use and
10795  operation of the project will exceed $1 million annually.
10796         (f) There are existing projections that the project will
10797  attract more than 300,000 persons annually who are not residents
10798  of the state.
10799         (g) The applicant has submitted an agreement to provide
10800  $500,000 annually in national and international media promotion
10801  of the facility, at the then-current commercial rates, during
10802  the period of time that the facility receives funds pursuant to
10803  s. 212.20. Failure on the part of the applicant to annually
10804  provide the advertising as provided in this paragraph shall
10805  result in the termination of the funding as provided in s.
10806  212.20. The applicant can discharge its obligation under this
10807  paragraph by contracting with other persons, including private
10808  sector concerns who participate in the project.
10809         (h) Documentation exists that demonstrates that the
10810  applicant has provided, and is capable of providing, or has
10811  financial or other commitments to provide, more than one-half of
10812  the cost incurred or related to the improvements and the
10813  development of the facility.
10814         (i) The application is signed by senior officials of the
10815  International Game Fish Association and is notarized according
10816  to Florida law providing for penalties for falsification.
10817         (3) The applicant may use funds provided pursuant to s.
10818  212.20 for the purpose of paying for the construction,
10819  reconstruction, renovation, promotion, or operation of the
10820  facility, or to pay or pledge for payment of debt service on, or
10821  to fund debt service reserve funds, arbitrage rebate
10822  obligations, or other amounts payable with respect to, bonds
10823  issued for the construction, reconstruction, or renovation of
10824  the facility or for the reimbursement of such costs or by
10825  refinancing of bonds issued for such purposes.
10826         (4) Upon determining that an applicant is or is not
10827  certifiable, the Division of Strategic Business Development of
10828  Jobs Florida Department of Commerce shall notify the applicant
10829  of its status by means of an official letter. If certifiable,
10830  the division Department of Commerce shall notify the executive
10831  director of the Department of Revenue and the applicant of such
10832  certification by means of an official letter granting
10833  certification. From the date of such certification, the
10834  applicant shall have 5 years to open the facility to the public
10835  and notify the division Department of Commerce of such opening.
10836  The Department of Revenue shall not begin distributing funds
10837  until 30 days following notice by the division Department of
10838  Commerce that the facility is open to the public.
10839         (5) The Department of Revenue may audit as provided in s.
10840  213.34 to verify that the contributions pursuant to this section
10841  have been expended as required by this section.
10842         (6) The Division of Strategic Business Development of Jobs
10843  Florida Department of Commerce must recertify every 10 years
10844  that the facility is open, that the International Game Fish
10845  Association World Center continues to be the only international
10846  administrative headquarters, fishing museum, and Hall of Fame in
10847  the United States recognized by the International Game Fish
10848  Association, and that the project is meeting the minimum
10849  projections for attendance or sales tax revenues as required at
10850  the time of original certification. If the facility is not
10851  recertified during this 10-year review as meeting the minimum
10852  projections, then funding shall be abated until certification
10853  criteria are met. If the project fails to generate $1 million of
10854  annual revenues pursuant to paragraph (2)(e), the distribution
10855  of revenues pursuant to s. 212.20(6)(d)6.d. shall be reduced to
10856  an amount equal to $83,333 multiplied by a fraction, the
10857  numerator of which is the actual revenues generated and the
10858  denominator of which is $1 million. Such reduction remains in
10859  effect until revenues generated by the project in a 12-month
10860  period equal or exceed $1 million.
10861         Section 154. Paragraph (d) of subsection (1), and
10862  subsections (2) and (3) of section 288.1171, Florida Statutes,
10863  are amended, and present paragraphs (e) through (g) of
10864  subsection (1) are redesignated as paragraphs (d) through (f),
10865  respectively, to read:
10866         288.1171 Motorsports entertainment complex; definitions;
10867  certification; duties.—
10868         (1) As used in this section, the term:
10869         (d) “Office” means The Office of Tourism, Trade, and
10870  Economic Development of the Executive Office of the Governor.
10871         (2) Jobs Florida The Office of Tourism, Trade, and Economic
10872  Development shall serve as the state agency for screening
10873  applicants for local option funding under s. 218.64(3) and for
10874  certifying an applicant as a motorsports entertainment complex.
10875  Jobs Florida The Office shall develop and adopt rules for the
10876  receipt and processing of applications for funding under s.
10877  218.64(3). Jobs Florida The Office shall make a determination
10878  regarding any application filed by an applicant not later than
10879  120 days after the application is filed.
10880         (3) Before certifying an applicant as a motorsports
10881  entertainment complex, Jobs Florida the Office must determine
10882  that:
10883         (a) A unit of local government holds title to the land on
10884  which the motorsports entertainment complex is located or holds
10885  title to the motorsports entertainment complex.
10886         (b) The municipality in which the motorsports entertainment
10887  complex is located, or the county if the motorsports
10888  entertainment complex is located in an unincorporated area, has
10889  certified by resolution after a public hearing that the
10890  application serves a public purpose.
10891         Section 155. Section 288.122, Florida Statutes, is amended
10892  to read:
10893         288.122 Tourism Promotional Trust Fund.—There is created
10894  within Jobs Florida The Office of Tourism, Trade, and Economic
10895  Development of the Executive Office of the Governor the Tourism
10896  Promotional Trust Fund. Moneys deposited in the Tourism
10897  Promotional Trust Fund shall only be used to support the
10898  authorized activities and operations of the Florida Commission
10899  on Tourism, and to support tourism promotion and marketing
10900  activities, services, functions, and programs administered by
10901  the Jobs Florida Partnership, Inc., Florida Commission on
10902  Tourism through a contract with Jobs Florida the commission’s
10903  direct-support organization created under s. 288.1226.
10904         Section 156. Section 288.12265, Florida Statutes, is
10905  amended to read:
10906         288.12265 Welcome centers.—
10907         (1) Responsibility for the welcome centers is assigned to
10908  the Jobs Florida Partnership, Inc., Florida Commission on
10909  Tourism which shall contract with the commission’s direct
10910  support organization to employ all welcome center staff.
10911         (2) The Jobs Florida Partnership, Inc., Florida Commission
10912  on Tourism, through its direct-support organization, shall
10913  administer and operate the welcome centers. Pursuant to a
10914  contract with the Department of Transportation, the Jobs Florida
10915  Partnership, Inc., commission shall be responsible for routine
10916  repair, replacement, or improvement and the day-to-day
10917  management of interior areas occupied by the welcome centers.
10918  All other repairs, replacements, or improvements to the welcome
10919  centers shall be the responsibility of the Department of
10920  Transportation.
10921         Section 157. Section 288.124, Florida Statutes, is amended
10922  to read:
10923         288.124 Convention grants program.—The Jobs Florida
10924  Partnership, Inc., Commission on Tourism is authorized to
10925  establish a convention grants program and, pursuant thereto, to
10926  recommend to Jobs Florida The Office of Tourism, Trade, and
10927  Economic Development expenditures and contracts with local
10928  governments and nonprofit corporations or organizations for the
10929  purpose of attracting national conferences and conventions to
10930  Florida. Preference shall be given to local governments and
10931  nonprofit corporations or organizations seeking to attract
10932  minority conventions to Florida. Minority conventions are events
10933  that primarily involve minority persons, as defined in s.
10934  288.703, who are residents or nonresidents of the state. The
10935  commission shall establish guidelines governing the award of
10936  grants and the administration of this program. Jobs Florida The
10937  Office of Tourism, Trade, and Economic Development has final
10938  approval authority for any grants under this section. The total
10939  annual allocation of funds for this program shall not exceed
10940  $40,000.
10941         Section 158. Subsection (1) of section 288.1251, Florida
10942  Statutes, is amended to read:
10943         288.1251 Promotion and development of entertainment
10944  industry; Office of Film and Entertainment; creation; purpose;
10945  powers and duties.—
10946         (1) CREATION.—
10947         (a) There is hereby created within Jobs Florida The Office
10948  of Tourism, Trade, and Economic Development the Office of Film
10949  and Entertainment for the purpose of developing, marketing,
10950  promoting, and providing services to the state’s entertainment
10951  industry.
10952         (b) Jobs Florida The Office of Tourism, Trade, and Economic
10953  Development shall conduct a national search for a qualified
10954  person to fill the position of Commissioner of Film and
10955  Entertainment when the position is vacant. The commissioner of
10956  Jobs Florida Executive Director of the Office of Tourism, Trade,
10957  and Economic Development has the responsibility to hire the film
10958  commissioner. Qualifications for the film commissioner include,
10959  but are not limited to, the following:
10960         1. A working knowledge of the equipment, personnel,
10961  financial, and day-to-day production operations of the
10962  industries to be served by the Office of Film and Entertainment;
10963         2. Marketing and promotion experience related to the film
10964  and entertainment industries to be served;
10965         3. Experience working with a variety of individuals
10966  representing large and small entertainment-related businesses,
10967  industry associations, local community entertainment industry
10968  liaisons, and labor organizations; and
10969         4. Experience working with a variety of state and local
10970  governmental agencies.
10971         Section 159. Subsections (1) and (2), paragraph (e) of
10972  subsection (3), and paragraphs (d), (f), (g), and (h) of
10973  subsection (5) of section 288.1252, Florida Statutes, are
10974  amended to read:
10975         288.1252 Florida Film and Entertainment Advisory Council;
10976  creation; purpose; membership; powers and duties.—
10977         (1) CREATION.—There is hereby created within Jobs Florida
10978  The Office of Tourism, Trade, and Economic Development of the
10979  Executive Office of the Governor, for administrative purposes
10980  only, the Florida Film and Entertainment Advisory Council.
10981         (2) PURPOSE.—The purpose of the council shall be to serve
10982  as an advisory body to Jobs Florida The Office of Tourism,
10983  Trade, and Economic Development and to the Office of Film and
10984  Entertainment to provide these offices with industry insight and
10985  expertise related to developing, marketing, promoting, and
10986  providing service to the state’s entertainment industry.
10987         (3) MEMBERSHIP.—
10988         (e)  A representative of the Jobs Florida Partnership,
10989  Inc., and Enterprise Florida, Inc., a representative of
10990  Workforce Florida, Inc., and a representative of VISIT Florida
10991  shall serve as ex officio, nonvoting members of the council, and
10992  shall be in addition to the 17 appointed members of the council.
10993         (5) POWERS AND DUTIES.—The Florida Film and Entertainment
10994  Advisory Council shall have all the powers necessary or
10995  convenient to carry out and effectuate the purposes and
10996  provisions of this act, including, but not limited to, the power
10997  to:
10998         (d) Consider and study the needs of the entertainment
10999  industry for the purpose of advising the film commissioner and
11000  Jobs Florida The Office of Tourism, Trade, and Economic
11001  Development.
11002         (f) Consider all matters submitted to it by the film
11003  commissioner and Jobs Florida the Office of Tourism, Trade, and
11004  Economic Development.
11005         (g) Advise and consult with the film commissioner and Jobs
11006  Florida The Office of Tourism, Trade, and Economic Development,
11007  at their request or upon its own initiative, regarding the
11008  promulgation, administration, and enforcement of all laws and
11009  rules relating to the entertainment industry.
11010         (h) Suggest policies and practices for the conduct of
11011  business by the Office of Film and Entertainment or by Jobs
11012  Florida The Office of Tourism, Trade, and Economic Development
11013  that will improve internal operations affecting the
11014  entertainment industry and will enhance the economic development
11015  initiatives of the state for the industry.
11016         Section 160. Subsections (1), (2), (3), and (4) of section
11017  288.1253, Florida Statutes, are amended to read:
11018         288.1253 Travel and entertainment expenses.—
11019         (1) As used in this section, the term “travel expenses”
11020  means the actual, necessary, and reasonable costs of
11021  transportation, meals, lodging, and incidental expenses normally
11022  incurred by an employee of the Office of Film and Entertainment,
11023  which costs are defined and prescribed by rules adopted by Jobs
11024  Florida The Office of Tourism, Trade, and Economic Development,
11025  subject to approval by the Chief Financial Officer.
11026         (2) Notwithstanding the provisions of s. 112.061, Jobs
11027  Florida The Office of Tourism, Trade, and Economic Development
11028  shall adopt rules by which it may make expenditures by
11029  reimbursement to: the Governor, the Lieutenant Governor,
11030  security staff of the Governor or Lieutenant Governor, the
11031  Commissioner of Film and Entertainment, or staff of the Office
11032  of Film and Entertainment for travel expenses or entertainment
11033  expenses incurred by such individuals solely and exclusively in
11034  connection with the performance of the statutory duties of the
11035  Office of Film and Entertainment. The rules are subject to
11036  approval by the Chief Financial Officer before adoption. The
11037  rules shall require the submission of paid receipts, or other
11038  proof of expenditure prescribed by the Chief Financial Officer,
11039  with any claim for reimbursement.
11040         (3) Jobs Florida The Office of Tourism, Trade, and Economic
11041  Development shall prepare an annual report of the expenditures
11042  of the Office of Film and Entertainment and provide such report
11043  to the Legislature no later than December 30 of each year for
11044  the expenditures of the previous fiscal year. The report shall
11045  consist of a summary of all travel, entertainment, and
11046  incidental expenses incurred within the United States and all
11047  travel, entertainment, and incidental expenses incurred outside
11048  the United States, as well as a summary of all successful
11049  projects that developed from such travel.
11050         (4) The Office of Film and Entertainment and its employees
11051  and representatives, when authorized, may accept and use
11052  complimentary travel, accommodations, meeting space, meals,
11053  equipment, transportation, and any other goods or services
11054  necessary for or beneficial to the performance of the office’s
11055  duties and purposes, so long as such acceptance or use is not in
11056  conflict with part III of chapter 112. Jobs Florida The Office
11057  of Tourism, Trade, and Economic Development shall, by rule,
11058  develop internal controls to ensure that such goods or services
11059  accepted or used pursuant to this subsection are limited to
11060  those that will assist solely and exclusively in the furtherance
11061  of the office’s goals and are in compliance with part III of
11062  chapter 112.
11063         Section 161. Paragraph (a) of subsection (1), paragraphs
11064  (d), (f), and (g) of subsection (3), paragraphs (c) and (d) of
11065  subsection (4), paragraph (a) of subsection (5), and paragraph
11066  (b) of subsection (9) of section 288.1254, Florida Statutes, are
11067  amended to read:
11068         288.1254 Entertainment industry financial incentive
11069  program.—
11070         (1) DEFINITIONS.—As used in this section, the term:
11071         (a) “Certified production” means a qualified production
11072  that has tax credits allocated to it by Jobs Florida the Office
11073  of Tourism, Trade, and Economic Development based on the
11074  production’s estimated qualified expenditures, up to the
11075  production’s maximum certified amount of tax credits, by Jobs
11076  Florida the Office of Tourism, Trade, and Economic Development.
11077  The term does not include a production if its first day of
11078  principal photography or project start date in this state occurs
11079  before the production is certified by Jobs Florida The Office of
11080  Tourism, Trade, and Economic Development, unless the production
11081  spans more than 1 fiscal year, was a certified production on its
11082  first day of principal photography or project start date in this
11083  state, and submits an application for continuing the same
11084  production for the subsequent fiscal year.
11085         (3) APPLICATION PROCEDURE; APPROVAL PROCESS.—
11086         (d) Certification.—The Office of Film and Entertainment
11087  shall review the application within 15 business days after
11088  receipt. Upon its determination that the application contains
11089  all the information required by this subsection and meets the
11090  criteria set out in this section, the Office of Film and
11091  Entertainment shall qualify the applicant and recommend to Jobs
11092  Florida the Office of Tourism, Trade, and Economic Development
11093  that the applicant be certified for the maximum tax credit award
11094  amount. Within 5 business days after receipt of the
11095  recommendation, Jobs Florida the Office of Tourism, Trade, and
11096  Economic Development shall reject the recommendation or certify
11097  the maximum recommended tax credit award, if any, to the
11098  applicant and to the executive director of the Department of
11099  Revenue.
11100         (f) Verification of actual qualified expenditures.—
11101         1. The Office of Film and Entertainment shall develop a
11102  process to verify the actual qualified expenditures of a
11103  certified production. The process must require:
11104         a. A certified production to submit, in a timely manner
11105  after production ends in this state and after making all of its
11106  qualified expenditures in this state, data substantiating each
11107  qualified expenditure, including documentation on the net
11108  expenditure on equipment and other tangible personal property by
11109  the qualified production, to an independent certified public
11110  accountant licensed in this state;
11111         b. Such accountant to conduct a compliance audit, at the
11112  certified production’s expense, to substantiate each qualified
11113  expenditure and submit the results as a report, along with the
11114  required substantiating data, to the Office of Film and
11115  Entertainment; and
11116         c. The Office of Film and Entertainment to review the
11117  accountant’s submittal and report to Jobs Florida the Office of
11118  Tourism, Trade, and Economic Development the final verified
11119  amount of actual qualified expenditures made by the certified
11120  production.
11121         2. Jobs Florida The Office of Tourism, Trade, and Economic
11122  Development shall determine and approve the final tax credit
11123  award amount to each certified applicant based on the final
11124  verified amount of actual qualified expenditures and shall
11125  notify the executive director of the Department of Revenue in
11126  writing that the certified production has met the requirements
11127  of the incentive program and of the final amount of the tax
11128  credit award. The final tax credit award amount may not exceed
11129  the maximum tax credit award amount certified under paragraph
11130  (d).
11131         (g) Promoting Florida.—The Office of Film and Entertainment
11132  shall ensure that, as a condition of receiving a tax credit
11133  under this section, marketing materials promoting this state as
11134  a tourist destination or film and entertainment production
11135  destination are included, when appropriate, at no cost to the
11136  state, which must, at a minimum, include placement of a “Filmed
11137  in Florida” or “Produced in Florida” logo in the end credits.
11138  The placement of a “Filmed in Florida” or “Produced in Florida”
11139  logo on all packaging material and hard media is also required,
11140  unless such placement is prohibited by licensing or other
11141  contractual obligations. The size and placement of such logo
11142  shall be commensurate to other logos used. If no logos are used,
11143  the statement “Filmed in Florida using Florida’s Entertainment
11144  Industry Financial Incentive,” or a similar statement approved
11145  by the Office of Film and Entertainment, shall be used. The
11146  Office of Film and Entertainment shall provide a logo and supply
11147  it for the purposes specified in this paragraph. A 30-second
11148  “Visit Florida” promotional video must also be included on all
11149  optical disc formats of a film, unless such placement is
11150  prohibited by licensing or other contractual obligations. The
11151  30-second promotional video shall be approved and provided by
11152  the Jobs Florida Partnership, Inc., Florida Tourism Industry
11153  Marketing Corporation in consultation with the Commissioner of
11154  Film and Entertainment.
11155         (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
11156  ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
11157  PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
11158  ACQUISITIONS.—
11159         (c) Withdrawal of tax credit eligibility.—A qualified or
11160  certified production must continue on a reasonable schedule,
11161  which includes beginning principal photography or the production
11162  project in this state no more than 45 calendar days before or
11163  after the principal photography or project start date provided
11164  in the production’s program application. Jobs Florida The Office
11165  of Tourism, Trade, and Economic Development shall withdraw the
11166  eligibility of a qualified or certified production that does not
11167  continue on a reasonable schedule.
11168         (d) Election and distribution of tax credits.—
11169         1. A certified production company receiving a tax credit
11170  award under this section shall, at the time the credit is
11171  awarded by Jobs Florida the Office of Tourism, Trade, and
11172  Economic Development after production is completed and all
11173  requirements to receive a credit award have been met, make an
11174  irrevocable election to apply the credit against taxes due under
11175  chapter 220, against state taxes collected or accrued under
11176  chapter 212, or against a stated combination of the two taxes.
11177  The election is binding upon any distributee, successor,
11178  transferee, or purchaser. Jobs Florida the Office of Tourism,
11179  Trade, and Economic Development shall notify the Department of
11180  Revenue of any election made pursuant to this paragraph.
11181         2. A qualified production company is eligible for tax
11182  credits against its sales and use tax liabilities and corporate
11183  income tax liabilities as provided in this section. However, tax
11184  credits awarded under this section may not be claimed against
11185  sales and use tax liabilities or corporate income tax
11186  liabilities for any tax period beginning before July 1, 2011,
11187  regardless of when the credits are applied for or awarded.
11188         (5) TRANSFER OF TAX CREDITS.—
11189         (a) Authorization.—Upon application to the Office of Film
11190  and Entertainment and approval by Jobs Florida the Office of
11191  Tourism, Trade, and Economic Development, a certified production
11192  company, or a partner or member that has received a distribution
11193  under paragraph (4)(g), may elect to transfer, in whole or in
11194  part, any unused credit amount granted under this section. An
11195  election to transfer any unused tax credit amount under chapter
11196  212 or chapter 220 must be made no later than 5 years after the
11197  date the credit is awarded, after which period the credit
11198  expires and may not be used. Jobs Florida The Office of Tourism,
11199  Trade, and Economic Development shall notify the Department of
11200  Revenue of the election and transfer.
11201         (9) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
11202  CREDITS; FRAUDULENT CLAIMS.—
11203         (b) Revocation of tax credits.Jobs Florida The Office of
11204  Tourism, Trade, and Economic Development may revoke or modify
11205  any written decision qualifying, certifying, or otherwise
11206  granting eligibility for tax credits under this section if it is
11207  discovered that the tax credit applicant submitted any false
11208  statement, representation, or certification in any application,
11209  record, report, plan, or other document filed in an attempt to
11210  receive tax credits under this section. Jobs Florida The Office
11211  of Tourism, Trade, and Economic Development shall immediately
11212  notify the Department of Revenue of any revoked or modified
11213  orders affecting previously granted tax credits. Additionally,
11214  the applicant must notify the Department of Revenue of any
11215  change in its tax credit claimed.
11216         Section 162. Section 288.386, Florida Statutes, is amended
11217  to read:
11218         288.386 Florida-Caribbean Basin Trade Initiative.—
11219         (1) Contingent upon a specific appropriation, the Seaport
11220  Employment Training Grant Program (STEP) shall establish and
11221  administer the Florida-Caribbean Basin Trade Initiative for the
11222  purpose of assisting small and medium-sized businesses to become
11223  involved in international activities and helping them to
11224  identify markets with product demand, identify strategic
11225  alliances in those markets, and obtain the financing to
11226  effectuate trade opportunities in the Caribbean Basin. The
11227  initiative must focus assistance to businesses located in urban
11228  communities. The initiative shall offer export readiness,
11229  assistance and referral services, internships, seminars,
11230  workshops, conferences, and e-commerce plus mentoring and
11231  matchmaking services, but shall coordinate with and not
11232  duplicate those services provided by the Jobs Florida
11233  Partnership Enterprise Florida, Inc.
11234         (2) To enhance initiative effectiveness and leverage
11235  resources, STEP shall coordinate initiative activities with the
11236  Jobs Florida Partnership Enterprise Florida, Inc., United States
11237  Export Assistance Centers, Florida Export Finance Corporation,
11238  Florida Trade Data Center, Small Business Development Centers,
11239  and any other organizations STEP deems appropriate. The
11240  coordination may encompass export assistance and referral
11241  services, export financing, job-training programs, educational
11242  programs, market research and development, market promotion,
11243  trade missions, e-commerce, and mentoring and matchmaking
11244  services relative to the expansion of trade between Florida and
11245  the Caribbean Basin. The initiative shall also form alliances
11246  with multilateral, international, and domestic funding programs
11247  from Florida, the United States, and the Caribbean Basin to
11248  coordinate systems and programs for fundamental assistance in
11249  facilitating trade and investment.
11250         (3) STEP shall administer the Florida-Caribbean Basin Trade
11251  Initiative pursuant to a performance-based contract with Jobs
11252  Florida, which the Office of Tourism, Trade, and Economic
11253  Development. The Office of Tourism, Trade, and Economic
11254  Development shall develop performance measures, standards, and
11255  sanctions for the initiative. Performance measures must include,
11256  but are not limited to, the number of businesses assisted; the
11257  number of urban businesses assisted; and the increase in value
11258  of exports to the Caribbean which is attributable to the
11259  initiative.
11260         Section 163. Section 288.7011, Florida Statutes, is amended
11261  to read:
11262         288.7011 Assistance to certified development corporation.
11263  Jobs Florida The Office of Tourism, Trade, and Economic
11264  Development is authorized to enter into contracts with a
11265  nonprofit, statewide development corporation certified pursuant
11266  to s. 503 of the Small Business Investment Act of 1958, as
11267  amended, to permit such corporation to locate and contract for
11268  administrative and technical staff assistance and support,
11269  including, without limitation, assistance to the development
11270  corporation in the packaging and servicing of loans for the
11271  purpose of stimulating and expanding the availability of private
11272  equity capital and long-term loans to small businesses. Such
11273  assistance and support will cease when the corporation has
11274  received state support in an amount the equivalent of $250,000
11275  per year over a 5-year period beginning July 1, 1997. Any
11276  contract between Jobs Florida the Office and such corporation
11277  shall specify that the records of the corporation must be
11278  available for audit by Jobs Florida the Office and by the
11279  Auditor General.
11280         Section 164. Section 288.7015, Florida Statutes, is amended
11281  to read:
11282         288.7015 Appointment of rules ombudsman; duties.—The
11283  Governor shall appoint a rules ombudsman, as defined in s.
11284  288.703, in the Executive Office of the Governor, for
11285  considering the impact of agency rules on the state’s citizens
11286  and businesses. In carrying out duties as provided by law, the
11287  ombudsman shall consult with the Jobs Florida Partnership
11288  Enterprise Florida, Inc., at which point Jobs Florida the office
11289  may recommend to improve the regulatory environment of this
11290  state. The duties of the rules ombudsman are to:
11291         (1) Carry out the responsibility provided in s. 120.54(2),
11292  with respect to small businesses.
11293         (2) Review state agency rules that adversely or
11294  disproportionately impact businesses, particularly those
11295  relating to small and minority businesses.
11296         (3) Make recommendations on any existing or proposed rules
11297  to alleviate unnecessary or disproportionate adverse effects to
11298  businesses.
11299         (4) Each state agency shall cooperate fully with the rules
11300  ombudsman in identifying such rules. Further, each agency shall
11301  take the necessary steps to waive, modify, or otherwise minimize
11302  such adverse effects of any such rules. However, nothing in this
11303  section authorizes any state agency to waive, modify, provide
11304  exceptions to, or otherwise alter any rule that is:
11305         (a) Expressly required to implement or enforce any
11306  statutory provision or the express legislative intent thereof;
11307         (b) Designed to protect persons against discrimination on
11308  the basis of race, color, national origin, religion, sex, age,
11309  handicap, or marital status; or
11310         (c) Likely to prevent a significant risk or danger to the
11311  public health, the public safety, or the environment of the
11312  state.
11313         (5) The modification or waiver of any such rule pursuant to
11314  this section must be accomplished in accordance with the
11315  provisions of chapter 120.
11316         Section 165. Section 288.705, Florida Statutes, is amended
11317  to read:
11318         288.705 Statewide contracts register.—All state agencies
11319  shall in a timely manner provide the Florida Small Business
11320  Development Center Procurement System with all formal
11321  solicitations for contractual services, supplies, and
11322  commodities. The Small Business Development Center shall
11323  coordinate with Minority Business Development Centers to compile
11324  and distribute this information to small and minority businesses
11325  requesting such service for the period of time necessary to
11326  familiarize the business with the market represented by state
11327  agencies. On or before February 1 of each year, the Small
11328  Business Development Center shall report to Jobs Florida the
11329  Agency for Workforce Innovation on the use of the statewide
11330  contracts register. The report shall include, but not be limited
11331  to, information relating to:
11332         (1) The total number of solicitations received from state
11333  agencies during the calendar year.
11334         (2) The number of solicitations received from each state
11335  agency during the calendar year.
11336         (3) The method of distributing solicitation information to
11337  businesses requesting such service.
11338         (4) The total number of businesses using the service.
11339         (5) The percentage of businesses using the service which
11340  are owned and controlled by minorities.
11341         (6) The percentage of service-disabled veteran business
11342  enterprises using the service.
11343         Section 166. Subsection (12) of section 288.706, Florida
11344  Statutes, is amended to read:
11345         288.706 Florida Minority Business Loan Mobilization
11346  Program.—
11347         (12) The Department of Management Services shall
11348  collaborate with the Jobs Florida Partnership Florida Black
11349  Business Investment Board, Inc., and Jobs Florida the Office of
11350  Tourism, Trade, and Economic Development to assist in the
11351  development and enhancement of black business enterprises.
11352         Section 167. Subsection (2) of section 288.7094, Florida
11353  Statutes, is amended to read:
11354         288.7094 Black business investment corporations.—
11355         (2) A black business investment corporation that meets the
11356  requirements of s. 288.7102(4) is eligible to participate in the
11357  Black Business Loan Program and shall receive priority
11358  consideration by Jobs Florida the Office of Tourism, Trade, and
11359  Economic Development for participation in the program.
11360         Section 168. Section 288.7102, Florida Statutes, is amended
11361  to read:
11362         288.7102 Black Business Loan Program.—
11363         (1) The Black Business Loan Program is established in Jobs
11364  Florida, which the Office of Tourism, Trade, and Economic
11365  Development. Under the program, the office shall annually
11366  certify eligible recipients and subsequently disburse funds
11367  appropriated by the Legislature, through such eligible
11368  recipients, to black business enterprises that cannot obtain
11369  capital through conventional lending institutions but that could
11370  otherwise compete successfully in the private sector.
11371         (2) Jobs Florida The office shall establish an application
11372  and annual certification process for entities seeking funds to
11373  participate in providing loans, loan guarantees, or investments
11374  in black business enterprises pursuant to the Florida Black
11375  Business Investment Act. Jobs Florida The office shall process
11376  all applications and recertifications submitted by June 1 on or
11377  before July 31.
11378         (3) If the Black Business Loan Program is appropriated any
11379  funding in a fiscal year, Jobs Florida the Office shall
11380  distribute an equal amount of the appropriation, calculated as
11381  the total annual appropriation divided by the total number of
11382  program recipients certified on or before July 31 of that fiscal
11383  year.
11384         (4) To be eligible to receive funds and provide loans, loan
11385  guarantees, or investments under this section, a recipient must:
11386         (a) Be a corporation registered in the state.
11387         (b) For an existing recipient, annually submit to Jobs
11388  Florida the office a financial audit performed by an independent
11389  certified public account for the most recently completed fiscal
11390  year, which audit does not reveal any material weaknesses or
11391  instances of material noncompliance.
11392         (c) For a new recipient:
11393         1. Demonstrate that its board of directors includes
11394  citizens of the state experienced in the development of black
11395  business enterprises.
11396         2. Demonstrate that the recipient has a business plan that
11397  allows the recipient to operate in a manner consistent with the
11398  requirements of the Jobs Florida Partnership, Inc., ss. 288.707
11399  288.714 and the rules of Jobs Florida the office.
11400         3. Demonstrate that the recipient has the technical skills
11401  to analyze and evaluate applications by black business
11402  enterprises for loans, loan guarantees, or investments.
11403         4. Demonstrate that the recipient has established viable
11404  partnerships with public and private funding sources, economic
11405  development agencies, and workforce development and job referral
11406  networks.
11407         5. Demonstrate that the recipient can provide a private
11408  match equal to 20 percent of the amount of funds provided by the
11409  office.
11410         (d) For an existing or new recipient, agree to maintain the
11411  recipient’s books and records relating to funds received by the
11412  office according to generally accepted accounting principles and
11413  in accordance with the requirements of s. 215.97(7) and to make
11414  those books and records available to Jobs Florida the office for
11415  inspection upon reasonable notice.
11416         (5) Each eligible recipient must meet the requirements of
11417  the Jobs Florida Partnership, Inc., provisions of ss. 288.707
11418  288.714, the terms of the contract between the recipient and
11419  Jobs Florida the Office, and any other applicable state or
11420  federal laws. An entity may not receive funds under ss. 288.707
11421  288.714 unless the entity meets annual certification
11422  requirements.
11423         (6) Upon approval by Jobs Florida the Office and before
11424  release of the funds as provided in this section, Jobs Florida
11425  the Office shall issue a letter certifying the applicant as
11426  qualified for an award. Jobs Florida the Office and the
11427  applicant shall enter into an agreement that sets forth the
11428  conditions for award of the funds. The agreement must include
11429  the total amount of funds awarded; the performance conditions
11430  that must be met once the funding has been awarded, including,
11431  but not limited to, compliance with all of the requirements of
11432  this section for eligible recipients of funds under this
11433  section; and sanctions for failure to meet performance
11434  conditions, including any provisions to recover awards.
11435         (7) Jobs Florida The Office, in consultation with the
11436  board, shall adopt rules pursuant to ss. 120.536(1) and 120.54
11437  to implement this section.
11438         (8) A black business investment corporation certified by
11439  Jobs Florida the Office as an eligible recipient under this
11440  section is authorized to use funds appropriated for the Black
11441  Business Loan Program in any of the following forms:
11442         (a) Purchases of stock, preferred or common, voting or
11443  nonvoting; however, no more than 40 percent of the funds may be
11444  used for direct investments in black business enterprises;
11445         (b) Loans or loan guarantees, with or without recourse, in
11446  either a subordinated or priority position; or
11447         (c) Technical support to black business enterprises, not to
11448  exceed 9 percent of the funds received, and direct
11449  administrative costs, not to exceed 12 percent of the funds
11450  received.
11451         (9) It is the intent of the Legislature that if any one
11452  type of investment mechanism authorized in subsection (8) is
11453  held to be invalid, all other valid mechanisms remain available.
11454         (10) All loans, loan guarantees, and investments, and any
11455  income related thereto, shall be used to carry out the public
11456  purpose of ss. 288.707-288.714, which is to develop black
11457  business enterprises. This subsection does not preclude a
11458  reasonable profit for the participating black business
11459  investment corporation or for return of equity developed to the
11460  state and participating financial institutions upon any
11461  distribution of the assets or excess income of the investment
11462  corporation.
11463         Section 169. Section 288.714, Florida Statutes, is amended
11464  to read:
11465         288.714 Quarterly and annual reports.—
11466         (1) Each recipient of state funds under s. 288.7102 shall
11467  provide to Jobs Florida the Office a quarterly report within 15
11468  days after the end of each calendar quarter that includes a
11469  detailed summary of the recipient’s performance of the duties
11470  imposed by s. 288.7102, including, but not limited to:
11471         (a) The dollar amount of all loans or loan guarantees made
11472  to black business enterprises, the percentages of the loans
11473  guaranteed, and the names and identification of the types of
11474  businesses served.
11475         (b) Loan performance information.
11476         (c) The amount and nature of all other financial assistance
11477  provided to black business enterprises.
11478         (d) The amount and nature of technical assistance provided
11479  to black business enterprises, including technical assistance
11480  services provided in areas in which such services are otherwise
11481  unavailable.
11482         (e) A balance sheet for the recipient, including an
11483  explanation of all investments and administrative and
11484  operational expenses.
11485         (f) A summary of all services provided to nonblack business
11486  enterprises, including the dollar value and nature of such
11487  services and the names and identification of the types of
11488  businesses served.
11489         (g) Any other information as required by policies adopted
11490  by Jobs Florida the Office.
11491         (2) Jobs Florida The Office must compile a summary of all
11492  quarterly reports and provide a copy of the summary to the board
11493  within 30 days after the end of each calendar quarter that
11494  includes a detailed summary of the recipient’s performance of
11495  the duties imposed by s. 288.7102.
11496         (3) By August 31 of each year, Jobs Florida the Office
11497  shall provide to the Governor, the President of the Senate, and
11498  the Speaker of the House of Representatives a detailed report of
11499  the performance of the Black Business Loan Program. The report
11500  must include a cumulative summary of quarterly report data
11501  required by subsection (1).
11502         (4) By August 31 of each year, the board shall provide to
11503  the Governor, the President of the Senate, and the Speaker of
11504  the House of Representatives a detailed report of the board’s
11505  performance, including:
11506         (a) A description of the strategies implemented by the
11507  board to increase private investment in black business
11508  enterprises.
11509         (b) A summary of the board’s performance of its duties
11510  under ss. 288.707-288.712.
11511         (c) The most recent 5-year projection of the need for
11512  capital by black business enterprises.
11513         (d) Recommendations for legislative or other changes to
11514  enhance the development and expansion of black business
11515  enterprises in the state.
11516         (e) A projection of the program’s activities during the
11517  next 12 months.
11518         Section 170. Subsection (1) of section 288.773, Florida
11519  Statutes, is amended to read:
11520         288.773 Florida Export Finance Corporation.—The Florida
11521  Export Finance Corporation is hereby created as a corporation
11522  not for profit, to be incorporated under the provisions of
11523  chapter 617 and approved by the Department of State. The
11524  corporation is organized on a nonstock basis. The purpose of the
11525  corporation is to expand employment and income opportunities for
11526  residents of this state through increased exports of goods and
11527  services, by providing businesses domiciled in this state
11528  information and technical assistance on export opportunities,
11529  exporting techniques, and financial assistance through
11530  guarantees and direct loan originations for sale in support of
11531  export transactions. The corporation shall have the power and
11532  authority to carry out the following functions:
11533         (1) To coordinate the efforts of the corporation with
11534  programs and goals of the United States Export-Import Bank, the
11535  International Trade Administration of the United States
11536  Department of Commerce, the Foreign Credit Insurance
11537  Association, the Jobs Florida Partnership Enterprise Florida,
11538  Inc., and its boards, and other private and public programs and
11539  organizations, domestic and foreign, designed to provide export
11540  assistance and export-related financing.
11541         Section 171. Paragraph (b) of subsection (3) of section
11542  288.774, Florida Statutes, is amended to read:
11543         288.774 Powers and limitations.—
11544         (3)
11545         (b) In providing assistance, the board shall be guided by
11546  the statewide economic development plan adopted by Jobs Florida
11547  and the Jobs Florida Partnership, Inc pursuant to s. 288.905.
11548         Section 172. Paragraph (a) of subsection (1) and paragraphs
11549  (a), (c), and (g) of subsection (3) of section 288.776, Florida
11550  Statutes, are amended to read:
11551         288.776 Board of directors; powers and duties.—
11552         (1)(a) The corporation shall have a board of directors
11553  consisting of 15 members representing all geographic areas of
11554  the state. Minority and gender representation must be considered
11555  when making appointments to the board. The board membership must
11556  include:
11557         1. A representative of the following businesses, all of
11558  which must be registered to do business in this state: a foreign
11559  bank, a state bank, a federal bank, an insurance company
11560  involved in covering trade financing risks, and a small or
11561  medium-sized exporter.
11562         2. The following persons or their designee: the President
11563  of the Jobs Florida Partnership Enterprise Florida, Inc., the
11564  Chief Financial Officer, the Secretary of State, and a senior
11565  official of the United States Department of Commerce, and the
11566  chair of the Florida Black Business Investment Board.
11567         (3) The board shall:
11568         (a) Prior to the expenditure of funds from the export
11569  finance account, adopt bylaws, rules, and policies which are
11570  necessary to carry out the responsibilities under this part,
11571  particularly with respect to the implementation of the
11572  corporation’s programs to insure, coinsure, lend, provide loan
11573  guarantees, and make direct, guaranteed, or collateralized loans
11574  by the corporation to support export transactions. The
11575  corporation’s bylaws, rules, and policies shall be reviewed and
11576  approved by the Jobs Florida Partnership Enterprise Florida,
11577  Inc., prior to final adoption by the board.
11578         (c) Issue an annual report to the Jobs Florida Partnership
11579  Enterprise Florida, Inc., on the activities of the corporation,
11580  including an evaluation of activities and recommendations for
11581  change. The evaluation shall include the corporation’s impact on
11582  the following:
11583         1. Participation of private banks and other private
11584  organizations and individuals in the corporation’s export
11585  financing programs.
11586         2. Access of small and medium-sized businesses in this
11587  state to federal export financing programs.
11588         3. Export volume of the small and medium-sized businesses
11589  in this state accessing the corporation’s programs.
11590         4. Other economic and social benefits to international
11591  programs in this state.
11592         (g) Consult with the Jobs Florida Partnership Enterprise
11593  Florida, Inc., and its boards, or any state or federal agency,
11594  to ensure that the respective loan guarantee or working capital
11595  loan origination programs are not duplicative and that each
11596  program makes full use of, to the extent practicable, the
11597  resources of the other.
11598         Section 173. Section 288.7771, Florida Statutes, is amended
11599  to read:
11600         288.7771 Annual report of Florida Export Finance
11601  Corporation.— The corporation shall annually prepare and submit
11602  to Jobs Florida Enterprise Florida, Inc., for inclusion in its
11603  annual report required by s. 288.095 a complete and detailed
11604  report setting forth:
11605         (1) The report required in s. 288.776(3).
11606         (2) Its assets and liabilities at the end of its most
11607  recent fiscal year.
11608         Section 174. Section 288.816, Florida Statutes, is amended
11609  to read:
11610         288.816 Intergovernmental relations.—
11611         (1) Jobs Florida The Office of Tourism, Trade, and Economic
11612  Development shall be responsible for consular operations and the
11613  sister city and sister state program and shall serve as liaison
11614  with foreign, federal, and other state international
11615  organizations and with county and municipal governments in
11616  Florida.
11617         (2) Jobs Florida The Office of Tourism, Trade, and Economic
11618  Development shall be responsible for all consular relations
11619  between the state and all foreign governments doing business in
11620  Florida. The office shall monitor United States laws and
11621  directives to ensure that all federal treaties regarding foreign
11622  privileges and immunities are properly observed. The office
11623  shall promulgate rules which shall:
11624         (a) Establish a viable system of registration for foreign
11625  government officials residing or having jurisdiction in the
11626  state. Emphasis shall be placed on maintaining active
11627  communication between Jobs Florida The Office of Tourism, Trade,
11628  and Economic Development and the United States Department of
11629  State in order to be currently informed regarding foreign
11630  governmental personnel stationed in, or with official
11631  responsibilities for, Florida. Active dialogue shall also be
11632  maintained with foreign countries which historically have had
11633  dealings with Florida in order to keep them informed of the
11634  proper procedure for registering with the state.
11635         (b) Maintain and systematically update a current and
11636  accurate list of all such foreign governmental officials,
11637  consuls, or consulates.
11638         (c) Issue certificates to such foreign governmental
11639  officials after verification pursuant to proper investigations
11640  through United States Department of State sources and the
11641  appropriate foreign government.
11642         (d) Verify entitlement to sales and use tax exemptions
11643  pursuant to United States Department of State guidelines and
11644  identification methods.
11645         (e) Verify entitlement to issuance of special motor vehicle
11646  license plates by the Division of Motor Vehicles of the
11647  Department of Highway Safety and Motor Vehicles to honorary
11648  consuls or such other officials representing foreign governments
11649  who are not entitled to issuance of special Consul Corps license
11650  plates by the United States Government.
11651         (f) Establish a system of communication to provide all
11652  state and local law enforcement agencies with information
11653  regarding proper procedures relating to the arrest or
11654  incarceration of a foreign citizen.
11655         (g) Request the Department of Law Enforcement to provide
11656  transportation and protection services when necessary pursuant
11657  to s. 943.68.
11658         (h) Coordinate, when necessary, special activities between
11659  foreign governments and Florida state and local governments.
11660  These may include Consular Corps Day, Consular Corps
11661  conferences, and various other social, cultural, or educational
11662  activities.
11663         (i) Notify all newly arrived foreign governmental officials
11664  of the services offered by Jobs Florida The Office of Tourism,
11665  Trade, and Economic Development.
11666         (3) Jobs Florida The Office of Tourism, Trade, and Economic
11667  Development shall operate the sister city and sister state
11668  program and establish such new programs as needed to further
11669  global understanding through the interchange of people, ideas,
11670  and culture between Florida and the world. To accomplish this
11671  purpose, the office shall have the power and authority to:
11672         (a) Coordinate and carry out activities designed to
11673  encourage the state and its subdivisions to participate in
11674  sister city and sister state affiliations with foreign countries
11675  and their subdivisions. Such activities may include a State of
11676  Florida sister cities conference.
11677         (b) Encourage cooperation with and disseminate information
11678  pertaining to the Sister Cities International Program and any
11679  other program whose object is to promote linkages with foreign
11680  countries and their subdivisions.
11681         (c) Maximize any aid available from all levels of
11682  government, public and private agencies, and other entities to
11683  facilitate such activities.
11684         (d) Establish a viable system of registration for sister
11685  city and sister state affiliations between the state and foreign
11686  countries and their subdivisions. Such system shall include a
11687  method to determine that sufficient ties are properly
11688  established as well as a method to supervise how these ties are
11689  maintained.
11690         (e) Maintain a current and accurate listing of all such
11691  affiliations. Sister city affiliations shall not be discouraged
11692  between the state and any country specified in s. 620(f)(1) of
11693  the federal Foreign Assistance Act of 1961, as amended, with
11694  whom the United States is currently conducting diplomatic
11695  relations unless a mandate from the United States Government
11696  expressly prohibits such affiliations.
11697         (4) Jobs Florida The Office of Tourism, Trade, and Economic
11698  Development shall serve as a contact for the state with the
11699  Florida Washington Office, the Florida Congressional Delegation,
11700  and United States Government agencies with respect to laws or
11701  policies which may affect the interests of the state in the area
11702  of international relations. All inquiries received regarding
11703  international economic trade development or reverse investment
11704  opportunities shall be referred to the Jobs Florida Partnership
11705  Enterprise Florida, Inc. In addition, Jobs Florida the office
11706  shall serve as liaison with other states with respect to
11707  international programs of interest to Florida. The office shall
11708  also investigate and make suggestions regarding possible areas
11709  of joint action or regional cooperation with these states.
11710         (5) Jobs Florida The Office of Tourism, Trade, and Economic
11711  Development shall have the power and duty to encourage the
11712  relocation to Florida of consular offices and multilateral and
11713  international agencies and organizations.
11714         (6) Jobs Florida The Office of Tourism, Trade, and Economic
11715  Development, through membership on the board of directors of
11716  Enterprise Florida, Inc., shall help to contribute an
11717  international perspective to the state’s development efforts.
11718         Section 175. Paragraph (a) of subsection (1) and subsection
11719  (2) of section 288.809, Florida Statutes, are amended to read:
11720         288.809 Florida Intergovernmental Relations Foundation; use
11721  of property; board of directors; audit.—
11722         (1) DEFINITIONS.—For the purposes of this section, the
11723  term:
11724         (a) “Florida Intergovernmental Relations Foundation” means
11725  a direct-support organization:
11726         1. Which is a corporation not for profit that is
11727  incorporated under the provisions of chapter 617 and approved by
11728  the Department of State;
11729         2. Which is organized and operated exclusively to solicit,
11730  receive, hold, invest, and administer property and, subject to
11731  the approval of Jobs Florida the Office of Tourism, Trade, and
11732  Economic Development, to make expenditures to or for the
11733  promotion of intergovernmental relations programs; and
11734         3. Which Jobs Florida the Office of Tourism, Trade, and
11735  Economic Development, after review, has certified to be
11736  operating in a manner consistent with the policies and goals of
11737  the office.
11738         (2) USE OF PROPERTY.—Jobs Florida The Office of Tourism,
11739  Trade, and Economic Development:
11740         (a) Is authorized to permit the use of property,
11741  facilities, and personal services of Jobs Florida the Office of
11742  Tourism, Trade, and Economic Development by the foundation,
11743  subject to the provisions of this section.
11744         (b) Shall prescribe conditions with which the foundation
11745  must comply in order to use property, facilities, or personal
11746  services of the department. Such conditions shall provide for
11747  budget and audit review and for oversight by the Office of
11748  Tourism, Trade, and Economic Development.
11749         (c) Shall not permit the use of property, facilities, or
11750  personal services of the foundation if the foundation does not
11751  provide equal employment opportunities to all persons,
11752  regardless of race, color, national origin, sex, age, or
11753  religion.
11754         Section 176. Section 288.826, Florida Statutes, is amended
11755  to read:
11756         288.826 Florida International Trade and Promotion Trust
11757  Fund.—There is hereby established in the State Treasury the
11758  Florida International Trade and Promotion Trust Fund. The moneys
11759  deposited into this trust fund shall be administered by Jobs
11760  Florida the Office of Tourism, Trade, and Economic Development
11761  for the operation of the Jobs Florida Partnership Enterprise
11762  Florida, Inc., and its boards and for the operation of Florida
11763  international foreign offices under s. 288.012.
11764         Section 177. Section 288.95155, Florida Statutes, is
11765  amended to read:
11766         288.95155 Florida Small Business Technology Growth
11767  Program.—
11768         (1) The Florida Small Business Technology Growth Program is
11769  hereby established to provide financial assistance to businesses
11770  in this state having high job growth and emerging technology
11771  potential and fewer than 100 employees. The program shall be
11772  administered and managed by the Jobs Florida Partnership
11773  Enterprise Florida, Inc.
11774         (2)(a)The Jobs Florida Partnership Enterprise Florida,
11775  Inc., shall establish a separate small business technology
11776  growth account in the Florida Technology Research Investment
11777  Fund for purposes of this section. Moneys in the account shall
11778  consist of appropriations by the Legislature, proceeds of any
11779  collateral used to secure such assistance, transfers, fees
11780  assessed for providing or processing such financial assistance,
11781  grants, interest earnings, and earnings on financial assistance.
11782         (b) For the 2009-2010 fiscal year only, Enterprise Florida,
11783  Inc., shall advance up to $600,000 from the account to the
11784  Institute for Commercialization of Public Research for its
11785  operations. This paragraph expires July 1, 2010.
11786         (3) Pursuant to s. 216.351, the amount of any moneys
11787  appropriated to the account which are unused at the end of the
11788  fiscal year shall not be subject to reversion under s. 216.301.
11789  All moneys in the account are continuously appropriated to the
11790  account and may be used for loan guarantees, letter of credit
11791  guarantees, cash reserves for loan and letter of credit
11792  guarantees, payments of claims pursuant to contracts for
11793  guarantees, subordinated loans, loans with warrants, royalty
11794  investments, equity investments, and operations of the program.
11795  Any claim against the program shall be paid solely from the
11796  account. Neither the credit nor the taxing power of the state
11797  shall be pledged to secure the account or moneys in the account,
11798  other than from moneys appropriated or assigned to the account,
11799  and the state shall not be liable or obligated in any way for
11800  any claims against the account or against the Jobs Florida
11801  Partnership Enterprise Florida, Inc.
11802         (4) Awards of assistance from the program shall be
11803  finalized subject to the policies and procedures of the Jobs
11804  Florida Partnership Enterprise Florida, Inc. The Jobs Florida
11805  Partnership Enterprise Florida, Inc., shall leverage at least
11806  one dollar of matching investment for each dollar awarded from
11807  the program. The Jobs Florida Partnership Enterprise Florida,
11808  Inc., shall give the highest priority to moderate-risk and high
11809  risk ventures that offer the greatest opportunity for compelling
11810  economic development impact. The Jobs Florida Partnership
11811  Enterprise Florida, Inc., shall establish for each award a risk
11812  reward timetable that profiles the risks of the assistance,
11813  estimates the potential economic development impact, and
11814  establishes a timetable for reviewing the success or failure of
11815  the assistance. By December 31 of each year, the Jobs Florida
11816  Partnership Enterprise Florida, Inc., shall evaluate, on a
11817  portfolio basis, the results of all awards of assistance made
11818  from the program during the year.
11819         (5) The Jobs Florida Partnership Enterprise Florida, Inc.,
11820  shall prepare for inclusion in Job Florida’s and include in its
11821  annual report required by s. 288.095 a report on the financial
11822  status of the program. The report must specify the assets and
11823  liabilities of the program within the current fiscal year and
11824  must include a portfolio update that lists all of the businesses
11825  assisted, the private dollars leveraged by each business
11826  assisted, and the growth in sales and in employment of each
11827  business assisted.
11828         Section 178. Paragraph (e) of subsection (2), paragraph (a)
11829  of subsection (4), subsection (7), paragraph (b) of subsection
11830  (8), subsection (9), paragraph (l) of subsection (10), and
11831  subsection (15) of section 288.955, Florida Statutes, are
11832  amended, and present subsections (16) and (17) of that section
11833  are renumbered as subsections (15) and (16), respectively, to
11834  read:
11835         288.955 Scripps Florida Funding Corporation.—
11836         (2) CREATION.—
11837         (e) Jobs Florida The Office of Tourism, Trade, and Economic
11838  Development shall provide administrative support to the
11839  corporation as requested by the corporation. In the event of the
11840  dissolution of the corporation, Jobs Florida the office shall be
11841  the corporation’s successor in interest and shall assume all
11842  rights, duties, and obligations of the corporation under any
11843  contract to which the corporation is then a party and under law.
11844         (4) BOARD; MEMBERSHIP.—The corporation shall be governed by
11845  a board of directors.
11846         (a) The board of directors shall consist of nine voting
11847  members, of whom the Governor shall appoint three, the President
11848  of the Senate shall appoint three, and the Speaker of the House
11849  of Representatives shall appoint three. The commissioner of Jobs
11850  Florida or the commissioner’s designee director of the Office of
11851  Tourism, Trade, and Economic Development or the director’s
11852  designee shall serve as an ex-officio, nonvoting member of the
11853  board of directors.
11854         (7) INVESTMENT OF FUNDS.—The corporation must enter into an
11855  agreement with the State Board of Administration under which
11856  funds received by the corporation from Jobs Florida the Office
11857  of Tourism, Trade, and Economic Development which are not
11858  disbursed to the grantee shall be invested by the State Board of
11859  Administration on behalf of the corporation. Funds shall be
11860  invested in suitable instruments authorized under s. 215.47 and
11861  specified in investment guidelines established and agreed to by
11862  the State Board of Administration and the corporation.
11863         (8) CONTRACT.—
11864         (b) The contract, at a minimum, must contain provisions:
11865         1. Specifying the procedures and schedules that govern the
11866  disbursement of funds under this section and specifying the
11867  conditions or deliverables that the grantee must satisfy before
11868  the release of each disbursement.
11869         2. Requiring the grantee to submit to the corporation a
11870  business plan in a form and manner prescribed by the
11871  corporation.
11872         3. Prohibiting The Scripps Research Institute or the
11873  grantee from establishing other biomedical science or research
11874  facilities in any state other than this state or California for
11875  a period of 12 years from the commencement of the contract.
11876  Nothing in this subparagraph shall prohibit the grantee from
11877  establishing or engaging in normal collaborative activities with
11878  other organizations.
11879         4. Governing the ownership of or security interests in real
11880  property and personal property, including, but not limited to,
11881  research equipment, obtained through the financial support of
11882  state or local government, including a provision that in the
11883  event of a breach of the contract or in the event the grantee
11884  ceases operations in this state, such property purchased with
11885  state funds shall revert to the state and such property
11886  purchased with local funds shall revert to the local governing
11887  authority.
11888         5. Requiring the grantee to be an equal opportunity
11889  employer.
11890         6. Requiring the grantee to maintain a policy of awarding
11891  preference in employment to residents of this state, as defined
11892  by law, except for professional scientific staff positions
11893  requiring a doctoral degree, postdoctoral training positions,
11894  and graduate student positions.
11895         7. Requiring the grantee to maintain a policy of making
11896  purchases from vendors in this state, to the extent it is cost
11897  effective and scientifically sound.
11898         8. Requiring the grantee to use the Internet-based job
11899  listing system of Jobs Florida the Agency for Workforce
11900  Innovation in advertising employment opportunities.
11901         9. Requiring the grantee to establish accredited science
11902  degree programs.
11903         10. Requiring the grantee to establish internship programs
11904  to create learning opportunities for educators and secondary,
11905  postsecondary, graduate, and doctoral students.
11906         11. Requiring the grantee to submit data to the corporation
11907  on the activities and performance during each fiscal year and to
11908  provide to the corporation an annual accounting of the
11909  expenditure of funds disbursed under this section.
11910         12. Establishing that the corporation shall review the
11911  activities of the grantee to assess the grantee’s financial and
11912  operational compliance with the provisions of the contract and
11913  with relevant provisions of law.
11914         13. Authorizing the grantee, when feasible, to use
11915  information submitted by it to the Federal Government or to
11916  other organizations awarding research grants to the grantee to
11917  help meet reporting requirements imposed under this section or
11918  the contract, if the information satisfies the reporting
11919  standards of this section and the contract.
11920         14. Requiring the grantee during the first 7 years of the
11921  contract to create 545 positions and to acquire associated
11922  research equipment for the grantee’s facility in this state, and
11923  pay for related maintenance of the equipment, in a total amount
11924  of not less than $45 million.
11925         15. Requiring the grantee to progress in the creation of
11926  the total number of jobs prescribed in subparagraph 14. on the
11927  following schedule: At least 38 positions in the 1st year, 168
11928  positions in the 2nd year, 280 positions in the 3rd year, 367
11929  positions in the 4th year, 436 positions in the 5th year, 500
11930  positions in the 6th year, and 545 positions in the 7th year.
11931  The board may allow the grantee to deviate downward from such
11932  employee levels by 25 percent in any year, to allow the grantee
11933  flexibility in achieving the objectives set forth in the
11934  business plan provided to the corporation; however, the grantee
11935  must have no fewer than 545 positions by the end of the 7th
11936  year.
11937         16. Requiring the grantee to allow the corporation to
11938  retain an independent certified public accountant licensed in
11939  this state pursuant to chapter 473 to inspect the records of the
11940  grantee in order to audit the expenditure of funds disbursed to
11941  the grantee. The independent certified public accountant shall
11942  not disclose any confidential or proprietary scientific
11943  information of the grantee.
11944         17. Requiring the grantee to purchase liability insurance
11945  and governing the coverage level of such insurance.
11946         (9) PERFORMANCE EXPECTATIONS.—In addition to the provisions
11947  prescribed in subsection (8), the contract between the
11948  corporation and the grantee shall include a provision that the
11949  grantee, in cooperation with Jobs Florida the Office of Tourism,
11950  Trade, and Economic Development, shall report to the corporation
11951  on performance expectations that reflect the aspirations of the
11952  Governor and the Legislature for the benefits accruing to this
11953  state as a result of the funds appropriated pursuant to this
11954  section. These shall include, but are not limited to,
11955  performance expectations addressing:
11956         (a) The number and dollar value of research grants obtained
11957  from the Federal Government or sources other than this state.
11958         (b) The percentage of total research dollars received by
11959  The Scripps Research Institute from sources other than this
11960  state which is used to conduct research activities by the
11961  grantee in this state.
11962         (c) The number or value of patents obtained by the grantee.
11963         (d) The number or value of licensing agreements executed by
11964  the grantee.
11965         (e) The extent to which research conducted by the grantee
11966  results in commercial applications.
11967         (f) The number of collaborative agreements reached and
11968  maintained with colleges and universities in this state and with
11969  research institutions in this state, including agreements that
11970  foster participation in research opportunities by public and
11971  private colleges and universities and research institutions in
11972  this state with significant minority populations, including
11973  historically black colleges and universities.
11974         (g) The number of collaborative partnerships established
11975  and maintained with businesses in this state.
11976         (h) The total amount of funding received by the grantee
11977  from sources other than the State of Florida.
11978         (i) The number or value of spin-off businesses created in
11979  this state as a result of commercialization of the research of
11980  the grantee.
11981         (j) The number or value of businesses recruited to this
11982  state by the grantee.
11983         (k) The establishment and implementation of policies to
11984  promote supplier diversity using the guidelines developed by the
11985  Office of Supplier Diversity under s. 287.09451 and to comply
11986  with the ordinances, including any small business ordinances,
11987  enacted by the county and which are applicable to the biomedical
11988  research institution and campus located in this state.
11989         (l) The designation by the grantee of a representative to
11990  coordinate with the Office of Supplier Diversity.
11991         (m) The establishment and implementation of a program to
11992  conduct workforce recruitment activities at public and private
11993  colleges and universities and community colleges in this state
11994  which request the participation of the grantee.
11995  
11996  The contract shall require the grantee to provide information to
11997  the corporation on the progress in meeting these performance
11998  expectations on an annual basis. It is the intent of the
11999  Legislature that, in fulfilling its obligation to work with
12000  Florida’s public and private colleges and universities, Scripps
12001  Florida work with such colleges and universities regardless of
12002  size.
12003         (10) DISBURSEMENT CONDITIONS.—In addition to the provisions
12004  prescribed in subsection (8), the contract between the
12005  corporation and the grantee shall include disbursement
12006  conditions that must be satisfied by the grantee as a condition
12007  for the continued disbursement of funds under this section.
12008  These disbursement conditions shall be negotiated between the
12009  corporation and the grantee and shall not be designed to impede
12010  the ability of the grantee to attain full operational status.
12011  The disbursement conditions may be appropriately varied as to
12012  timeframes, numbers, values, and percentages. The disbursement
12013  conditions shall include, but are not limited to, the following
12014  areas:
12015         (l) Beginning June 2004, the grantee shall commence
12016  collaboration efforts with Jobs Florida the Office of Tourism,
12017  Trade, and Economic Development by complying with reasonable
12018  requests for cooperation in economic development efforts in the
12019  biomed/biotech industry. No later than July 2004, the grantee
12020  shall designate a person who shall be charged with assisting in
12021  these collaborative efforts.
12022         (15) PROGRAM EVALUATION.—
12023         (a) Before January 1, 2007, the Office of Program Policy
12024  Analysis and Government Accountability shall conduct a
12025  performance audit of the Office of Tourism, Trade, and Economic
12026  Development and the corporation relating to the provisions of
12027  this section. The audit shall assess the implementation and
12028  outcomes of activities under this section. At a minimum, the
12029  audit shall address:
12030         1. Performance of the Office of Tourism, Trade, and
12031  Economic Development in disbursing funds appropriated under this
12032  section.
12033         2. Performance of the corporation in managing and enforcing
12034  the contract with the grantee.
12035         3. Compliance by the corporation with the provisions of
12036  this section and the provisions of the contract.
12037         4. Economic activity generated through funds disbursed
12038  under the contract.
12039         (b) Before January 1, 2010, the Office of Program Policy
12040  Analysis and Government Accountability shall update the report
12041  required under this subsection. In addition to addressing the
12042  items prescribed in paragraph (a), the updated report shall
12043  include a recommendation on whether the Legislature should
12044  retain the statutory authority for the corporation.
12045  
12046  A report of each audit’s findings and recommendations shall be
12047  submitted to the Governor, the President of the Senate, and the
12048  Speaker of the House of Representatives. In completing the
12049  performance audits required under this subsection, the Office of
12050  Program Policy Analysis and Government Accountability shall
12051  maximize the use of reports submitted by the grantee to the
12052  Federal Government or to other organizations awarding research
12053  grants to the grantee.
12054         Section 179. Subsection (1) and paragraph (a) of subsection
12055  (2) of section 288.9519, Florida Statutes, is amended to read:
12056         288.9519 Not-for-profit corporation.—
12057         (1) It is the intent of the Legislature to promote the
12058  development of the state economy and to authorize the
12059  establishment of a not-for-profit organization that shall
12060  promote the competitiveness and profitability of high-technology
12061  business and industry through technology development projects of
12062  importance to specific manufacturing sectors in this state. This
12063  not-for-profit corporation shall work cooperatively with the
12064  Jobs Florida Partnership Enterprise Florida, Inc., and shall
12065  avoid duplicating the activities, programs, and functions of the
12066  Jobs Florida Partnership Enterprise Florida, Inc.
12067         (2) In addition to all other powers and authority, not
12068  explicitly prohibited by statutes, this not-for-profit
12069  organization has the following powers and duties:
12070         (a) To receive funds appropriated to the organization by
12071  the Legislature. Such funds may not duplicate funds appropriated
12072  to the Jobs Florida Partnership Enterprise Florida, Inc., but
12073  shall serve to further the advancement of the state economy,
12074  jointly and collaboratively with the Jobs Florida Partnership
12075  Enterprise Florida, Inc.
12076         Section 180. Section 288.9520, Florida Statutes, is amended
12077  to read:
12078         288.9520 Public records exemption.—Materials that relate to
12079  methods of manufacture or production, potential trade secrets,
12080  potentially patentable material, actual trade secrets, business
12081  transactions, financial and proprietary information, and
12082  agreements or proposals to receive funding that are received,
12083  generated, ascertained, or discovered by the Jobs Florida
12084  Partnership Enterprise Florida, Inc., including its affiliates
12085  or subsidiaries and partnership participants, such as private
12086  enterprises, educational institutions, and other organizations,
12087  are confidential and exempt from the provisions of s. 119.07(1)
12088  and s. 24(a), Art. I of the State Constitution, except that a
12089  recipient of the Jobs Florida Partnership Enterprise Florida,
12090  Inc., research funds shall make available, upon request, the
12091  title and description of the research project, the name of the
12092  researcher, and the amount and source of funding provided for
12093  the project.
12094         Section 181. Subsection (10) of section 288.9603, Florida
12095  Statutes, is amended to read:
12096         288.9603 Definitions.—
12097         (10) “Partnership” means the Jobs Florida Partnership
12098  Enterprise Florida, Inc.
12099         Section 182. Subsection (2) of section 288.9604, Florida
12100  Statutes, is amended to read:
12101         288.9604 Creation of the authority.—
12102         (2) The Governor, subject to confirmation by the Senate,
12103  shall appoint the board of directors of the corporation, who
12104  shall be five in number. The terms of office for the directors
12105  shall be for 4 years from the date of their appointment. A
12106  vacancy occurring during a term shall be filled for the
12107  unexpired term. A director shall be eligible for reappointment.
12108  At least three of the directors of the corporation shall be
12109  bankers who have been selected by the Governor from a list of
12110  bankers who were nominated by the Jobs Florida Partnership,
12111  Inc., Enterprise Florida, Inc., and one of the directors shall
12112  be an economic development specialist. The chairperson of the
12113  Florida Black Business Investment Board shall be an ex officio
12114  member of the board of the corporation.
12115         Section 183. Paragraph (v) of subsection (2) of section
12116  288.9605, Florida Statutes, is amended to read:
12117         288.9605 Corporation powers.—
12118         (2) The corporation is authorized and empowered to:
12119         (v) Enter into investment agreements with the Jobs Florida
12120  Partnership, Inc., Florida Black Business Investment Board
12121  concerning the issuance of bonds and other forms of indebtedness
12122  and capital for the purposes of ss. 288.707-288.714.
12123         Section 184. Subsection (1) of section 288.9606, Florida
12124  Statutes, is amended to read:
12125         288.9606 Issue of revenue bonds.—
12126         (1) When authorized by a public agency pursuant to s.
12127  163.01(7), the corporation has power in its corporate capacity,
12128  in its discretion, to issue revenue bonds or other evidences of
12129  indebtedness which a public agency has the power to issue, from
12130  time to time to finance the undertaking of any purpose of this
12131  act and ss. 288.707-288.714, including, without limiting the
12132  generality thereof, the payment of principal and interest upon
12133  any advances for surveys and plans or preliminary loans, and has
12134  the power to issue refunding bonds for the payment or retirement
12135  of bonds previously issued. Bonds issued pursuant to this
12136  section shall bear the name “Florida Development Finance
12137  Corporation Revenue Bonds.” The security for such bonds may be
12138  based upon such revenues as are legally available. In
12139  anticipation of the sale of such revenue bonds, the corporation
12140  may issue bond anticipation notes and may renew such notes from
12141  time to time, but the maximum maturity of any such note,
12142  including renewals thereof, may not exceed 5 years from the date
12143  of issuance of the original note. Such notes shall be paid from
12144  any revenues of the corporation available therefor and not
12145  otherwise pledged or from the proceeds of sale of the revenue
12146  bonds in anticipation of which they were issued. Any bond, note,
12147  or other form of indebtedness issued pursuant to this act shall
12148  mature no later than the end of the 30th fiscal year after the
12149  fiscal year in which the bond, note, or other form of
12150  indebtedness was issued.
12151         Section 185. Section 288.9614, Florida Statutes, is amended
12152  to read:
12153         288.9614 Authorized programs.—The Jobs Florida Partnership
12154  Enterprise Florida, Inc., may take any action that it deems
12155  necessary to achieve the purposes of this act in partnership
12156  with private enterprises, public agencies, and other
12157  organizations, including, but not limited to, efforts to address
12158  the long-term debt needs of small-sized and medium-sized firms,
12159  to address the needs of microenterprises, to expand availability
12160  of venture capital, and to increase international trade and
12161  export finance opportunities for firms critical to achieving the
12162  purposes of this act.
12163         Section 186. Subsection (1) of section 288.9624, Florida
12164  Statutes, are amended to read:
12165         288.9624 Florida Opportunity Fund; creation; duties.—
12166         (1)(a) The Jobs Florida Partnership Enterprise Florida,
12167  Inc., shall facilitate the creation of the Florida Opportunity
12168  Fund, a private, not-for-profit corporation organized and
12169  operated under chapter 617. The Jobs Florida Partnership
12170  Enterprise Florida, Inc., shall be the fund’s sole shareholder
12171  or member. The fund is not a public corporation or
12172  instrumentality of the state. The fund shall manage its business
12173  affairs and conduct business consistent with its organizational
12174  documents and the purposes set forth in this section.
12175  Notwithstanding the powers granted under chapter 617, the
12176  corporation may not amend, modify, or repeal a bylaw or article
12177  of incorporation without the express written consent of the Jobs
12178  Florida Partnership Enterprise Florida, Inc.
12179         (b) The board of directors for the fund shall be a five
12180  member board appointed by vote of the board of directors of the
12181  Jobs Florida Partnership, Inc., and board members shall serve
12182  terms as provided in the fund’s organizational documents. The
12183  vice chair of Enterprise Florida, Inc., shall select from among
12184  its sitting board of directors a five-person appointment
12185  committee. The appointment committee shall select five initial
12186  members of a board of directors for the fund.
12187         (c) The persons elected to the initial board of directors
12188  by the appointment committee shall include persons who have
12189  expertise in the area of the selection and supervision of early
12190  stage investment managers or in the fiduciary management of
12191  investment funds and other areas of expertise as considered
12192  appropriate by the appointment committee.
12193         (d) After election of the initial board of directors,
12194  vacancies on the board shall be filled by vote of the board of
12195  directors of Enterprise Florida, Inc., and board members shall
12196  serve terms as provided in the fund’s organizational documents.
12197         (d)(e) Members of the board are subject to any restrictions
12198  on conflicts of interest specified in the organizational
12199  documents and may not have an interest in any venture capital
12200  investment selected by the fund under ss. 288.9621-288.9624.
12201         (e)(f) Members of the board shall serve without
12202  compensation, but members, the president of the board, and other
12203  board employees may be reimbursed for all reasonable, necessary,
12204  and actual expenses as determined and approved by the board
12205  pursuant to s. 112.061.
12206         (f)(g) The fund shall have all powers granted under its
12207  organizational documents and shall indemnify members to the
12208  broadest extent permissible under the laws of this state.
12209         Section 187. Subsections (3), (4), (5), and (6) of section
12210  288.9625, Florida Statutes, are amended to read:
12211         288.9625 Institute for the Commercialization of Public
12212  Research.—There is established the Institute for the
12213  Commercialization of Public Research.
12214         (3) The articles of incorporation of the institute must be
12215  approved in a written agreement with Jobs Florida Enterprise
12216  Florida, Inc. The agreement and the articles of incorporation
12217  shall:
12218         (a) Provide that the institute shall provide equal
12219  employment opportunities for all persons regardless of race,
12220  color, religion, gender, national origin, age, handicap, or
12221  marital status;
12222         (b) Provide that the institute is subject to the public
12223  records and meeting requirements of s. 24, Art. I of the State
12224  Constitution;
12225         (c) Provide that all officers, directors, and employees of
12226  the institute shall be governed by the code of ethics for public
12227  officers and employees as set forth in part III of chapter 112;
12228         (d) Provide that members of the board of directors of the
12229  institute are responsible for the prudent use of all public and
12230  private funds and that they will ensure that the use of funds is
12231  in accordance with all applicable laws, bylaws, and contractual
12232  requirements; and
12233         (e) Provide that the fiscal year of the institute is from
12234  July 1 to June 30.
12235         (4) The affairs of the institute shall be managed by a
12236  board of directors who shall serve without compensation. Each
12237  director shall have only one vote. The chair of the board of
12238  directors shall be selected by a majority vote of the directors,
12239  a quorum being present. The board of directors shall consist of
12240  the following five members:
12241         (a) The commissioner of Jobs Florida chair of Enterprise
12242  Florida, Inc., or the commissioner’s chair’s designee.
12243         (b) The president of the university where the institute is
12244  located or the president’s designee unless multiple universities
12245  jointly sponsor the institute, in which case the presidents of
12246  the sponsoring universities shall agree upon a designee.
12247         (c) Three directors appointed by the Governor to 3-year
12248  staggered terms, to which the directors may be reappointed.
12249         (5) The board of directors shall provide a copy of the
12250  institute’s annual report to the Governor, the President of the
12251  Senate, the Speaker of the House of Representatives, Enterprise
12252  Florida, Inc., and the president of the university at which the
12253  institute is located.
12254         (6) Jobs Florida Enterprise Florida, Inc., the president
12255  and the board of trustees of the university where the institute
12256  is located, the Auditor General, and the Office of Program
12257  Policy Analysis and Government Accountability may require and
12258  receive from the institute or its independent auditor any detail
12259  or supplemental data relative to the operation of the institute.
12260         Section 188. Subsections (3), (8), and (9) of section
12261  288.975, Florida Statutes, are amended to read:
12262         288.975 Military base reuse plans.—
12263         (3) No later than 6 months after the designation of a
12264  military base for closure by the Federal Government, each host
12265  local government shall notify the Jobs Florida secretary of the
12266  Department of Community Affairs and the director of the Office
12267  of Tourism, Trade, and Economic Development in writing, by hand
12268  delivery or return receipt requested, as to whether it intends
12269  to use the optional provisions provided in this act. If a host
12270  local government does not opt to use the provisions of this act,
12271  land use planning and regulation pertaining to base reuse
12272  activities within those host local governments shall be subject
12273  to all applicable statutory requirements, including those
12274  contained within chapters 163 and 380.
12275         (8) At the request of a host local government, Jobs Florida
12276  The Office of Tourism, Trade, and Economic Development shall
12277  coordinate a presubmission workshop concerning a military base
12278  reuse plan within the boundaries of the host jurisdiction.
12279  Agencies that shall participate in the workshop shall include
12280  any affected local governments; the Department of Environmental
12281  Protection; Jobs Florida the Office of Tourism, Trade, and
12282  Economic Development; the Department of Community Affairs; the
12283  Department of Transportation; the Department of Health; the
12284  Department of Children and Family Services; the Department of
12285  Juvenile Justice; the Department of Agriculture and Consumer
12286  Services; the Department of State; the Fish and Wildlife
12287  Conservation Commission; and any applicable water management
12288  districts and regional planning councils. The purposes of the
12289  workshop shall be to assist the host local government to
12290  understand issues of concern to the above listed entities
12291  pertaining to the military base site and to identify
12292  opportunities for better coordination of planning and review
12293  efforts with the information and analyses generated by the
12294  federal environmental impact statement process and the federal
12295  community base reuse planning process.
12296         (9) If a host local government elects to use the optional
12297  provisions of this act, it shall, no later than 12 months after
12298  notifying the agencies of its intent pursuant to subsection (3)
12299  either:
12300         (a) Send a copy of the proposed military base reuse plan
12301  for review to any affected local governments; the Department of
12302  Environmental Protection; Jobs Florida the Office of Tourism,
12303  Trade, and Economic Development; the Department of Community
12304  Affairs; the Department of Transportation; the Department of
12305  Health; the Department of Children and Family Services; the
12306  Department of Juvenile Justice; the Department of Agriculture
12307  and Consumer Services; the Department of State; the Fish and
12308  Wildlife Conservation Commission; and any applicable water
12309  management districts and regional planning councils, or
12310         (b) Petition Jobs Florida the secretary of the Department
12311  of Community Affairs for an extension of the deadline for
12312  submitting a proposed reuse plan. Such an extension request must
12313  be justified by changes or delays in the closure process by the
12314  federal Department of Defense or for reasons otherwise deemed to
12315  promote the orderly and beneficial planning of the subject
12316  military base reuse. Jobs Florida The secretary of the
12317  Department of Community Affairs may grant extensions to the
12318  required submission date of the reuse plan.
12319         Section 189. Paragraph (b) of subsection (1), paragraphs
12320  (a) and (c) of subsection (2) and subsections (3), (4), (5),
12321  (6), (7), and (9) of section 288.980, Florida Statutes, are
12322  amended to read:
12323         288.980 Military base retention; legislative intent; grants
12324  program.—
12325         (1)
12326         (b) The Florida Defense Alliance, an organization within
12327  the Jobs Florida Partnership, Inc., Enterprise Florida, is
12328  designated as the organization to ensure that Florida, its
12329  resident military bases and missions, and its military host
12330  communities are in competitive positions as the United States
12331  continues its defense realignment and downsizing. The defense
12332  alliance shall serve as an overall advisory body for Enterprise
12333  Florida defense-related activity of the Jobs Florida
12334  Partnership, Inc. The Florida Defense Alliance may receive
12335  funding from appropriations made for that purpose administered
12336  by Jobs Florida the Office of Tourism, Trade, and Economic
12337  Development.
12338         (2)(a) Jobs Florida The Office of Tourism, Trade, and
12339  Economic Development is authorized to award grants from any
12340  funds available to it to support activities related to the
12341  retention of military installations potentially affected by
12342  federal base closure or realignment.
12343         (c) Except for grants issued pursuant to the Florida
12344  Military Installation Reuse Planning and Marketing Grant Program
12345  as described in paragraph (3)(c), the amount of any grant
12346  provided to an applicant may not exceed $250,000. Jobs Florida
12347  The Office of Tourism, Trade, and Economic Development shall
12348  require that an applicant:
12349         1. Represent a local government with a military
12350  installation or military installations that could be adversely
12351  affected by federal base realignment or closure.
12352         2. Agree to match at least 30 percent of any grant awarded.
12353         3. Prepare a coordinated program or plan of action
12354  delineating how the eligible project will be administered and
12355  accomplished.
12356         4. Provide documentation describing the potential for
12357  realignment or closure of a military installation located in the
12358  applicant’s community and the adverse impacts such realignment
12359  or closure will have on the applicant’s community.
12360         (3) The Florida Economic Reinvestment Initiative is
12361  established to respond to the need for this state and defense
12362  dependent communities in this state to develop alternative
12363  economic diversification strategies to lessen reliance on
12364  national defense dollars in the wake of base closures and
12365  reduced federal defense expenditures and the need to formulate
12366  specific base reuse plans and identify any specific
12367  infrastructure needed to facilitate reuse. The initiative shall
12368  consist of the following three distinct grant programs to be
12369  administered by Jobs Florida the Office of Tourism, Trade, and
12370  Economic Development:
12371         (a) The Florida Defense Planning Grant Program, through
12372  which funds shall be used to analyze the extent to which the
12373  state is dependent on defense dollars and defense infrastructure
12374  and prepare alternative economic development strategies. The
12375  state shall work in conjunction with defense-dependent
12376  communities in developing strategies and approaches that will
12377  help communities make the transition from a defense economy to a
12378  nondefense economy. Grant awards may not exceed $250,000 per
12379  applicant and shall be available on a competitive basis.
12380         (b) The Florida Defense Implementation Grant Program,
12381  through which funds shall be made available to defense-dependent
12382  communities to implement the diversification strategies
12383  developed pursuant to paragraph (a). Eligible applicants include
12384  defense-dependent counties and cities, and local economic
12385  development councils located within such communities. Grant
12386  awards may not exceed $100,000 per applicant and shall be
12387  available on a competitive basis. Awards shall be matched on a
12388  one-to-one basis.
12389  
12390  Applications for grants under this subsection must include a
12391  coordinated program of work or plan of action delineating how
12392  the eligible project will be administered and accomplished,
12393  which must include a plan for ensuring close cooperation between
12394  civilian and military authorities in the conduct of the funded
12395  activities and a plan for public involvement.
12396         (4) The Defense Infrastructure Grant Program is created.
12397  Jobs Florida The director of the Office of Tourism, Trade, and
12398  Economic Development shall coordinate and implement this
12399  program, the purpose of which is to support local infrastructure
12400  projects deemed to have a positive impact on the military value
12401  of installations within the state. Funds are to be used for
12402  projects that benefit both the local community and the military
12403  installation. It is not the intent, however, to fund on-base
12404  military construction projects. Infrastructure projects to be
12405  funded under this program include, but are not limited to, those
12406  related to encroachment, transportation and access, utilities,
12407  communications, housing, environment, and security. Grant
12408  requests will be accepted only from economic development
12409  applicants serving in the official capacity of a governing board
12410  of a county, municipality, special district, or state agency
12411  that will have the authority to maintain the project upon
12412  completion. An applicant must represent a community or county in
12413  which a military installation is located. There is no limit as
12414  to the amount of any grant awarded to an applicant. A match by
12415  the county or local community may be required. Jobs Florida The
12416  Office of Tourism, Trade, and Economic Development shall
12417  establish guidelines to implement the purpose of this
12418  subsection.
12419         (5)(a) The Defense-Related Business Adjustment Program is
12420  hereby created. Jobs Florida The Director of the Office of
12421  Tourism, Trade, and Economic Development shall coordinate the
12422  development of the Defense-Related Business Adjustment Program.
12423  Funds shall be available to assist defense-related companies in
12424  the creation of increased commercial technology development
12425  through investments in technology. Such technology must have a
12426  direct impact on critical state needs for the purpose of
12427  generating investment-grade technologies and encouraging the
12428  partnership of the private sector and government defense-related
12429  business adjustment. The following areas shall receive
12430  precedence in consideration for funding commercial technology
12431  development: law enforcement or corrections, environmental
12432  protection, transportation, education, and health care. Travel
12433  and costs incidental thereto, and staff salaries, are not
12434  considered an “activity” for which grant funds may be awarded.
12435         (b) Jobs Florida The Office shall require that an
12436  applicant:
12437         1. Be a defense-related business that could be adversely
12438  affected by federal base realignment or closure or reduced
12439  defense expenditures.
12440         2. Agree to match at least 50 percent of any funds awarded
12441  by the department in cash or in-kind services. Such match shall
12442  be directly related to activities for which the funds are being
12443  sought.
12444         3. Prepare a coordinated program or plan delineating how
12445  the funds will be administered.
12446         4. Provide documentation describing how defense-related
12447  realignment or closure will adversely impact defense-related
12448  companies.
12449         (6) The Retention of Military Installations Program is
12450  created. Jobs Florida The Director of the Office of Tourism,
12451  Trade, and Economic Development shall coordinate and implement
12452  this program. The sum of $1.2 million is appropriated from the
12453  General Revenue Fund for fiscal year 1999-2000 to the Office of
12454  Tourism, Trade, and Economic Development to implement this
12455  program for military installations located in counties with a
12456  population greater than 824,000. The funds shall be used to
12457  assist military installations potentially affected by federal
12458  base closure or realignment in covering current operating costs
12459  in an effort to retain the installation in this state. An
12460  eligible military installation for this program shall include a
12461  provider of simulation solutions for war-fighting
12462  experimentation, testing, and training which employs at least
12463  500 civilian and military employees and has been operating in
12464  the state for a period of more than 10 years.
12465         (7) Jobs Florida The director may award nonfederal matching
12466  funds specifically appropriated for construction, maintenance,
12467  and analysis of a Florida defense workforce database. Such funds
12468  will be used to create a registry of worker skills that can be
12469  used to match the worker needs of companies that are relocating
12470  to this state or to assist workers in relocating to other areas
12471  within this state where similar or related employment is
12472  available.
12473         (9) Jobs Florida The Office of Tourism, Trade, and Economic
12474  Development shall establish guidelines to implement and carry
12475  out the purpose and intent of this section.
12476         Section 190. Paragraphs (a), (e), and (f) of subsection (2)
12477  of section 288.984, Florida Statutes, are amended to read:
12478         288.984 Florida Council on Military Base and Mission
12479  Support.—The Florida Council on Military Base and Mission
12480  Support is established. The council shall provide oversight and
12481  direction for initiatives, claims, and actions taken on behalf
12482  of the state, its agencies, and political subdivisions under
12483  this part.
12484         (2) MEMBERSHIP.—
12485         (a) The council shall be composed of nine members. The
12486  President of the Senate, the Speaker of the House of
12487  Representatives, and the Governor shall each appoint three
12488  members as follows:
12489         1. The President of the Senate shall appoint one member of
12490  the Senate, one community representative from a community-based
12491  defense support organization, and one member who is a retired
12492  military general or flag-rank officer residing in this state or
12493  an executive officer of a defense contracting firm doing
12494  significant business in this state.
12495         2. The Speaker of the House of Representatives shall
12496  appoint one member of the House of Representatives, one
12497  community representative from a community-based defense support
12498  organization, and one member who is a retired military general
12499  or flag-rank officer residing in this state or an executive
12500  officer of a defense contracting firm doing significant business
12501  in this state.
12502         3. The Governor shall appoint the commissioner of Jobs
12503  Florida or the commissioner’s designee, a board member of the
12504  Jobs Florida Partnership, Inc., director or designee of the
12505  Office of Tourism, Trade, and Economic Development, the vice
12506  chairperson or designee of Enterprise Florida, Inc., and one at
12507  large member.
12508         (e) Jobs Florida The Office of Tourism, Trade, and Economic
12509  Development shall provide administrative support to the council.
12510         (f) The Secretary of Community Affairs or his or her
12511  designee, the Secretary of Environmental Protection or his or
12512  her designee, the Secretary of Transportation or his or her
12513  designee, the Adjutant General of the state or his or her
12514  designee, and the executive director of the Department of
12515  Veterans’ Affairs or his or her designee shall attend meetings
12516  held by the council and provide assistance, information, and
12517  support as requested by the council.
12518         Section 191. Subsections (5) and (8) of section 288.9913,
12519  Florida Statutes, are amended, and present subsections (6)
12520  through (10) of that section are renumbered as subsections (5)
12521  through (9) of that section, to read:
12522         288.9913 Definitions.—As used in ss. 288.991-288.9922, the
12523  term:
12524         (5) “Officemeans the Office of Tourism, Trade, and
12525  Economic Development.
12526         (7)(8) “Qualified community development entity” means an
12527  entity that:
12528         (b) Is the Jobs Florida Partnership Enterprise Florida,
12529  Inc., or an entity created by the Jobs Florida Partnership
12530  Enterprise Florida, Inc.
12531         Section 192. Subsections (1), (2), and (3), and paragraphs
12532  (a) and (b) of subsection (4), and subsection (6) of section
12533  288.9914, Florida Statutes, are amended to read:
12534         288.9914 Certification of qualified investments; investment
12535  issuance reporting.—
12536         (1) ELIGIBLE INDUSTRIES.—
12537         (a) Jobs Florida The office, in consultation with the Jobs
12538  Florida Partnership, Inc., Enterprise Florida, Inc., shall
12539  designate industries using the North American Industry
12540  Classification System which are eligible to receive low-income
12541  community investments. The designated industries must be those
12542  industries that have the greatest potential to create strong
12543  positive impacts on or benefits to the state, regional, and
12544  local economies.
12545         (b) A qualified community development entity may not make a
12546  qualified low-income community investment in a business unless
12547  the principal activities of the business are within an eligible
12548  industry. Jobs Florida the Office may waive this limitation if
12549  the office determines that the investment will have a positive
12550  impact on a community.
12551         (2) APPLICATION.—A qualified community development entity
12552  must submit an application to Jobs Florida the Office to approve
12553  a proposed investment as a qualified investment. The application
12554  must include:
12555         (a) The name, address, and tax identification number of the
12556  qualified community development entity.
12557         (b) Proof of certification as a qualified community
12558  development entity under 26 U.S.C. s. 45D.
12559         (c) A copy of an allocation agreement executed by the
12560  entity, or its controlling entity, and the Community Development
12561  Financial Institutions Fund, which authorizes the entity to
12562  serve businesses in this state.
12563         (d) A verified statement by the chief executive officer of
12564  the entity that the allocation agreement remains in effect.
12565         (e) A description of the proposed amount, structure, and
12566  purchaser of an equity investment or long-term debt security.
12567         (f) The name and tax identification number of any person
12568  authorized to claim a tax credit earned as a result of the
12569  purchase of the proposed qualified investment.
12570         (g) A detailed explanation of the proposed use of the
12571  proceeds from a proposed qualified investment.
12572         (h) A nonrefundable application fee of $1,000, payable to
12573  Jobs Florida the office.
12574         (i) A statement that the entity will invest only in the
12575  industries designated by Jobs Florida the office.
12576         (j) The entity’s plans for the development of relationships
12577  with community-based organizations, local community development
12578  offices and organizations, and economic development
12579  organizations. The entity must also explain steps it has taken
12580  to implement its plans to develop these relationships.
12581         (k) A statement that the entity will not invest in a
12582  qualified active low-income community business unless the
12583  business will create or retain jobs that pay an average wage of
12584  at least 115 percent of the federal poverty income guidelines
12585  for a family of four.
12586         (3) REVIEW.—
12587         (a) Jobs Florida The office shall review applications to
12588  approve an investment as a qualified investment in the order
12589  received. The office shall approve or deny an application within
12590  30 days after receipt.
12591         (b) If Jobs Florida the office intends to deny the
12592  application, the office shall inform the applicant of the basis
12593  of the proposed denial. The applicant shall have 15 days after
12594  it receives the notice of the intent to deny the application to
12595  submit a revised application to Jobs Florida the office. Jobs
12596  Florida the office shall issue a final order approving or
12597  denying the revised application within 30 days after receipt.
12598         (c) Jobs Florida The office may not approve a cumulative
12599  amount of qualified investments that may result in the claim of
12600  more than $97.5 million in tax credits during the existence of
12601  the program or more than $20 million in tax credits in a single
12602  state fiscal year. However, the potential for a taxpayer to
12603  carry forward an unused tax credit may not be considered in
12604  calculating the annual limit.
12605         (4) APPROVAL.—
12606         (a) Jobs Florida The office shall provide a copy of the
12607  final order approving an investment as a qualified investment to
12608  the qualified community development entity and to the
12609  department. The notice shall include the identity of the
12610  taxpayers who are eligible to claim the tax credits and the
12611  amount that may be claimed by each taxpayer.
12612         (b) Jobs Florida The office shall approve an application
12613  for part of the amount of the proposed investment if the amount
12614  of tax credits available is insufficient.
12615         (6) REPORT OF ISSUANCE OF A QUALIFIED INVESTMENT.—The
12616  qualified community development entity must provide Jobs Florida
12617  the office with evidence of the receipt of the cash in exchange
12618  for the qualified investment within 30 business days after
12619  receipt.
12620         Section 193. Subsection (2) of section 288.9916, Florida
12621  Statutes, is amended to read:
12622         288.9916 New markets tax credit.—
12623         (2) A tax credit earned under this section may not be sold
12624  or transferred, except as provided in this subsection.
12625         (a) A partner, member, or shareholder of a partnership,
12626  limited liability company, S-corporation, or other “pass
12627  through” entity may claim the tax credit pursuant to an
12628  agreement among the partners, members, or shareholders. Any
12629  change in the allocation of a tax credit under the agreement
12630  must be reported to Jobs Florida the office and to the
12631  department.
12632         (b) Eligibility to claim a tax credit transfers to
12633  subsequent purchasers of a qualified investment. Such transfers
12634  must be reported to Jobs Florida the office and to the
12635  department along with the identity, tax identification number,
12636  and tax credit amount allocated to a taxpayer pursuant to
12637  paragraph (a). The notice of transfer also must state whether
12638  unused tax credits are being transferred and the amount of
12639  unused tax credits being transferred.
12640         Section 194. Section 288.9917, Florida Statutes, is amended
12641  to read:
12642         288.9917 Community development entity reporting after a
12643  credit allowance date; certification of tax credit amount.—
12644         (1) A qualified community development entity that has
12645  issued a qualified investment shall submit the following to Jobs
12646  Florida the office within 30 days after each credit allowance
12647  date:
12648         (a) A list of all qualified active low-income community
12649  businesses in which a qualified low-income community investment
12650  was made since the last credit allowance date. The list shall
12651  also describe the type and amount of investment in each business
12652  and the address of the principal location of each business. The
12653  list must be verified by the chief executive officer of the
12654  community development entity.
12655         (b) Bank records, wire transfer records, or similar
12656  documents that provide evidence of the qualified low-income
12657  community investments made since the last credit allowance date.
12658         (c) A verified statement by the chief financial or
12659  accounting officer of the community development entity that no
12660  redemption or principal repayment was made with respect to the
12661  qualified investment since the previous credit allowance date.
12662         (d) Information relating to the recapture of the federal
12663  new markets tax credit since the last credit allowance date.
12664         (2) Jobs Florida The office shall certify in writing to the
12665  qualified community development entity and to the department the
12666  amount of the tax credit authorized for each taxpayer eligible
12667  to claim the tax credit in the tax year containing the last
12668  credit allowance date.
12669         Section 195. Section 288.9918, Florida Statutes, is amended
12670  to read:
12671         288.9918 Annual reporting by a community development
12672  entity.—A community development entity that has issued a
12673  qualified investment shall submit an annual report to Jobs
12674  Florida the office by April 30 after the end of each year which
12675  includes a credit allowance date. The report shall include:
12676         (1) The entity’s annual financial statements for the
12677  preceding tax year, audited by an independent certified public
12678  accountant.
12679         (2) The identity of the types of industries, identified by
12680  the North American Industry Classification System Code, in which
12681  qualified low-income community investments were made.
12682         (3) The names of the counties in which the qualified active
12683  low-income businesses are located which received qualified low
12684  income community investments.
12685         (4) The number of jobs created and retained by qualified
12686  active low-income community businesses receiving qualified low
12687  income community investments, including verification that the
12688  average wages paid meet or exceed 115 percent of the federal
12689  poverty income guidelines for a family of four.
12690         (5) A description of the relationships that the entity has
12691  established with community-based organizations and local
12692  community development offices and organizations and a summary of
12693  the outcomes resulting from those relationships.
12694         (6) Other information and documentation required by Jobs
12695  Florida the office to verify continued certification as a
12696  qualified community development entity under 26 U.S.C. s. 45D.
12697         Section 196. Section 288.9919, Florida Statutes, is amended
12698  to read:
12699         288.9919 Audits and examinations; penalties.—
12700         (1) AUDITS.—A community development entity that issues an
12701  investment approved by Jobs Florida the office as a qualified
12702  investment shall be deemed a recipient of state financial
12703  assistance under s. 215.97, the Florida Single Audit Act.
12704  However, an entity that makes a qualified investment or receives
12705  a qualified low-income community investment is not a
12706  subrecipient for the purposes of s. 215.97.
12707         (2) EXAMINATIONS.—Jobs Florida the office may conduct
12708  examinations to verify compliance with the New Markets
12709  Development Program Act.
12710         Section 197. Section 288.9920, Florida Statutes, is amended
12711  to read:
12712         288.9920 Recapture and penalties.—
12713         (1) Notwithstanding s. 95.091, Jobs Florida the office
12714  shall direct the department, at any time before December 31,
12715  2022, to recapture all or a portion of a tax credit authorized
12716  pursuant to the New Markets Development Program Act if one or
12717  more of the following occur:
12718         (a) The Federal Government recaptures any portion of the
12719  federal new markets tax credit. The recapture by the department
12720  shall equal the recapture by the Federal Government.
12721         (b) The qualified community development entity redeems or
12722  makes a principal repayment on a qualified investment before the
12723  final allowance date. The recapture by the department shall
12724  equal the redemption or principal repayment divided by the
12725  purchase price and multiplied by the tax credit authorized to a
12726  taxpayer for the qualified investment.
12727         (c)1. The qualified community development entity fails to
12728  invest at least 85 percent of the purchase price in qualified
12729  low-income community investments within 12 months after the
12730  issuance of a qualified investment; or
12731         2. The qualified community development entity fails to
12732  maintain 85 percent of the purchase price in qualified low
12733  income community investments until the last credit allowance
12734  date for a qualified investment.
12735  
12736  For the purposes of this paragraph, an investment by a qualified
12737  community development entity includes principal recovered from
12738  an investment for 12 months after its recovery or principal
12739  recovered after the sixth credit allowance date. Principal held
12740  for longer than 12 months or recovered before the sixth credit
12741  allowance date is not an investment unless it is reinvested in a
12742  qualified low-income community investment.
12743         (d) The qualified community development entity fails to
12744  provide Jobs Florida the office with information, reports, or
12745  documentation required by the New Markets Development Program
12746  Act.
12747         (e) Jobs Florida The office determines that a taxpayer
12748  received tax credits to which the taxpayer was not entitled.
12749         (2) Jobs Florida The office shall provide notice to the
12750  qualified community development entity and the department of a
12751  proposed recapture of a tax credit. The entity shall have 6
12752  months following the receipt of the notice to cure a deficiency
12753  identified in the notice and avoid recapture. Jobs Florida the
12754  office shall issue a final order of recapture if the entity
12755  fails to cure a deficiency within the 6-month period. The final
12756  order of recapture shall be provided to the entity, the
12757  department, and a taxpayer otherwise authorized to claim the tax
12758  credit. Only one correction is permitted for each qualified
12759  equity investment during the 7-year credit period. Recaptured
12760  funds shall be deposited into the General Revenue Fund.
12761         (3) An entity that submits fraudulent information to Jobs
12762  Florida the office is liable for the costs associated with the
12763  investigation and prosecution of the fraudulent claim plus a
12764  penalty in an amount equal to double the tax credits claimed by
12765  investors in the entity’s qualified investments. This penalty is
12766  in addition to any other penalty that may be imposed by law.
12767         Section 198. Section 288.9921, Florida Statutes, is amended
12768  to read:
12769         288.9921 Rulemaking.—Jobs Florida the Office and the
12770  Department of Revenue may adopt rules pursuant to ss. 120.536(1)
12771  and 120.54 to administer ss. 288.991-288.9920.
12772         Section 199. Subsection (5) of section 290.004, Florida
12773  Statutes, is amended, and present subsections (6) and (7) of
12774  that subsection are renumbered as subsections (5) and (6),
12775  respectively, to read:
12776         290.004 Definitions relating to Florida Enterprise Zone
12777  Act.—As used in ss. 290.001-290.016:
12778         (5) “Office” means The Office of Tourism, Trade, and
12779  Economic Development.
12780         Section 200. Subsection (1) and paragraphs (a) and (b) of
12781  subsection (6) of section 290.0055, Florida Statutes, are
12782  amended to read:
12783         290.0055 Local nominating procedure.—
12784         (1) If, pursuant to s. 290.0065, an opportunity exists for
12785  designation of a new enterprise zone, any county or
12786  municipality, or a county and one or more municipalities
12787  together, may apply to Jobs Florida the office for the
12788  designation of an area as an enterprise zone after completion of
12789  the following:
12790         (a) The adoption by the governing body or bodies of a
12791  resolution which:
12792         1. Finds that an area exists in such county or
12793  municipality, or in both the county and one or more
12794  municipalities, which chronically exhibits extreme and
12795  unacceptable levels of poverty, unemployment, physical
12796  deterioration, and economic disinvestment;
12797         2. Determines that the rehabilitation, conservation, or
12798  redevelopment, or a combination thereof, of such area is
12799  necessary in the interest of the public health, safety, and
12800  welfare of the residents of such county or municipality, or such
12801  county and one or more municipalities; and
12802         3. Determines that the revitalization of such area can
12803  occur only if the private sector can be induced to invest its
12804  own resources in productive enterprises that build or rebuild
12805  the economic viability of the area.
12806         (b) The creation of an enterprise zone development agency
12807  pursuant to s. 290.0056.
12808         (c) The creation and adoption of a strategic plan pursuant
12809  to s. 290.0057.
12810         (6)(a) Jobs Florida The office may approve a change in the
12811  boundary of any enterprise zone which was designated pursuant to
12812  s. 290.0065. A boundary change must continue to satisfy the
12813  requirements of subsections (3), (4), and (5).
12814         (b) Upon a recommendation by the enterprise zone
12815  development agency, the governing body of the jurisdiction which
12816  authorized the application for an enterprise zone may apply to
12817  Jobs Florida the Office for a change in boundary once every 3
12818  years by adopting a resolution that:
12819         1. States with particularity the reasons for the change;
12820  and
12821         2. Describes specifically and, to the extent required by
12822  Jobs Florida the office, the boundary change to be made.
12823         Section 201. Subsections (11) and (12) of section 290.0056,
12824  Florida Statutes, are amended to read:
12825         290.0056 Enterprise zone development agency.—
12826         (11) Prior to December 1 of each year, the agency shall
12827  submit to Jobs Florida the Office of Tourism, Trade, and
12828  Economic Development a complete and detailed written report
12829  setting forth:
12830         (a) Its operations and accomplishments during the fiscal
12831  year.
12832         (b) The accomplishments and progress concerning the
12833  implementation of the strategic plan or measurable goals, and
12834  any updates to the strategic plan or measurable goals.
12835         (c) The number and type of businesses assisted by the
12836  agency during the fiscal year.
12837         (d) The number of jobs created within the enterprise zone
12838  during the fiscal year.
12839         (e) The usage and revenue impact of state and local
12840  incentives granted during the calendar year.
12841         (f) Any other information required by Jobs Florida the
12842  office.
12843         (12) In the event that the nominated area selected by the
12844  governing body is not designated a state enterprise zone, the
12845  governing body may dissolve the agency after receiving
12846  notification from Jobs Florida the office that the area was not
12847  designated as an enterprise zone.
12848         Section 202. Subsections (2) and (4), paragraph (a) of
12849  subsection (6), and subsection (7) of section 290.0065, Florida
12850  Statutes, are amended to read:
12851         290.0065 State designation of enterprise zones.—
12852         (2) If, pursuant to subsection (4), Jobs Florida the office
12853  does not redesignate an enterprise zone, a governing body of a
12854  county or municipality or the governing bodies of a county and
12855  one or more municipalities jointly, pursuant to s. 290.0055, may
12856  apply for designation of an enterprise zone to take the place of
12857  the enterprise zone not redesignated and request designation of
12858  an enterprise zone. Jobs Florida the Office, in consultation
12859  with Enterprise Florida, Inc., shall determine which areas
12860  nominated by such governing bodies meet the criteria outlined in
12861  s. 290.0055 and are the most appropriate for designation as
12862  state enterprise zones. Each application made pursuant to s.
12863  290.0055 shall be ranked competitively based on the pervasive
12864  poverty, unemployment, and general distress of the area; the
12865  strategic plan, including local fiscal and regulatory
12866  incentives, prepared pursuant to s. 290.0057; and the prospects
12867  for new investment and economic development in the area.
12868  Pervasive poverty, unemployment, and general distress shall be
12869  weighted 35 percent; strategic plan and local fiscal and
12870  regulatory incentives shall be weighted 40 percent; and
12871  prospects for new investment and economic development in the
12872  area shall be weighted 25 percent.
12873         (4)(a) Notwithstanding s. 290.0055, Jobs Florida the office
12874  may redesignate any state enterprise zone having an effective
12875  date on or before January 1, 2005, as a state enterprise zone
12876  upon completion and submittal to the office by the governing
12877  body for an enterprise zone of the following:
12878         1. An updated zone profile for the enterprise zone based on
12879  the most recent census data that complies with s. 290.0055,
12880  except that pervasive poverty criteria may be set aside for
12881  rural enterprise zones.
12882         2. A resolution passed by the governing body for that
12883  enterprise zone requesting redesignation and explaining the
12884  reasons the conditions of the zone merit redesignation.
12885         3. Measurable goals for the enterprise zone developed by
12886  the enterprise zone development agency, which may be the goals
12887  established in the enterprise zone’s strategic plan.
12888  
12889  The governing body may also submit a request for a boundary
12890  change in an enterprise zone in the same application to Jobs
12891  Florida the office as long as the new area complies with the
12892  requirements of s. 290.0055, except that pervasive poverty
12893  criteria may be set aside for rural enterprise zones.
12894         (b) In consultation with Enterprise Florida, Inc., Jobs
12895  Florida the office shall, based on the enterprise zone profile
12896  and the grounds for redesignation expressed in the resolution,
12897  determine whether the enterprise zone merits redesignation. Jobs
12898  Florida the office may also examine and consider the following:
12899         1. Progress made, if any, in the enterprise zone’s
12900  strategic plan.
12901         2. Use of enterprise zone incentives during the life of the
12902  enterprise zone.
12903  
12904  If Jobs Florida the office determines that the enterprise zone
12905  merits redesignation, Jobs Florida the office shall notify the
12906  governing body in writing of its approval of redesignation.
12907         (c) If the enterprise zone is redesignated, Jobs Florida
12908  the office shall determine if the measurable goals submitted are
12909  reasonable. If Jobs Florida the office determines that the goals
12910  are reasonable, it the office shall notify the governing body in
12911  writing that the goals have been approved.
12912         (d) If Jobs Florida the office denies redesignation of an
12913  enterprise zone, it the Office shall notify the governing body
12914  in writing of the denial. Any county or municipality having
12915  jurisdiction over an area denied redesignation as a state
12916  enterprise zone pursuant to this subsection may not apply for
12917  designation of that area for 1 year following the date of
12918  denial.
12919         (6)(a) Jobs Florida the office, in consultation with
12920  Enterprise Florida, Inc., may develop guidelines necessary for
12921  the approval of areas under this section by the director.
12922         (7) Upon approval by Jobs Florida the director of a
12923  resolution authorizing an area to be an enterprise zone pursuant
12924  to this section, Jobs Florida the office shall assign a unique
12925  identifying number to that resolution. Jobs Florida the office
12926  shall provide the Department of Revenue and Enterprise Florida,
12927  Inc., with a copy of each resolution approved, together with its
12928  identifying number.
12929         Section 203. Subsection (1) of section 290.0066, Florida
12930  Statutes, is amended to read:
12931         290.0066 Revocation of enterprise zone designation.—
12932         (1) Jobs Florida The director may revoke the designation of
12933  an enterprise zone if Jobs Florida the director determines that
12934  the governing body or bodies:
12935         (a) Have failed to make progress in achieving the
12936  benchmarks set forth in the strategic plan or measurable goals;
12937  or
12938         (b) Have not complied substantially with the strategic plan
12939  or measurable goals.
12940         Section 204. Section 290.00710, Florida Statutes, is
12941  amended to read:
12942         290.00710 Enterprise zone designation for the City of
12943  Lakeland.—The City of Lakeland may apply to Jobs Florida the
12944  Office of Tourism, Trade, and Economic Development for
12945  designation of one enterprise zone for an area within the City
12946  of Lakeland, which zone shall encompass an area up to 10 square
12947  miles. The application must be submitted by December 31, 2005,
12948  and must comply with the requirements of s. 290.0055.
12949  Notwithstanding s. 290.0065, limiting the total number of
12950  enterprise zones designated and the number of enterprise zones
12951  within a population category, Jobs Florida the Office of
12952  Tourism, Trade, and Economic Development may designate one
12953  enterprise zone under this section. Jobs Florida The Office of
12954  Tourism, Trade, and Economic Development shall establish the
12955  initial effective date of the enterprise zone designated
12956  pursuant to this section.
12957         Section 205. Section 290.0072, Florida Statutes, is amended
12958  to read:
12959         290.0072 Enterprise zone designation for the City of Winter
12960  Haven.—The City of Winter Haven may apply to Jobs Florida the
12961  Office of Tourism, Trade, and Economic Development for
12962  designation of one enterprise zone for an area within the City
12963  of Winter Haven, which zone shall encompass an area up to 5
12964  square miles. Notwithstanding s. 290.0065 limiting the total
12965  number of enterprise zones designated and the number of
12966  enterprise zones within a population category, Jobs Florida the
12967  Office of Tourism, Trade, and Economic Development may designate
12968  one enterprise zone under this section. Jobs Florida The Office
12969  of Tourism, Trade, and Economic Development shall establish the
12970  initial effective date of the enterprise zone designated
12971  pursuant to this section.
12972         Section 206. Section 290.00725, Florida Statutes, is
12973  amended to read:
12974         290.00725 Enterprise zone designation for the City of
12975  Ocala.—The City of Ocala may apply to Jobs Florida the Office of
12976  Tourism, Trade, and Economic Development for designation of one
12977  enterprise zone for an area within the western portion of the
12978  city, which zone shall encompass an area up to 5 square miles.
12979  The application must be submitted by December 31, 2009, and must
12980  comply with the requirements of s. 290.0055. Notwithstanding s.
12981  290.0065 limiting the total number of enterprise zones
12982  designated and the number of enterprise zones within a
12983  population category, Jobs Florida the Office of Tourism, Trade,
12984  and Economic Development may designate one enterprise zone under
12985  this section. Jobs Florida The Office of Tourism, Trade, and
12986  Economic Development shall establish the initial effective date
12987  of the enterprise zone designated under this section.
12988         Section 207. Section 290.0073, Florida Statutes, is amended
12989  to read:
12990         290.0073 Enterprise zone designation for Indian River
12991  County, the City of Vero Beach, and the City of Sebastian.
12992  Indian River County, the City of Vero Beach, and the City of
12993  Sebastian may jointly apply to Jobs Florida the Office of
12994  Tourism, Trade, and Economic Development for designation of one
12995  enterprise zone encompassing an area not to exceed 10 square
12996  miles. The application must be submitted by December 31, 2005,
12997  and must comply with the requirements of s. 290.0055.
12998  Notwithstanding the provisions of s. 290.0065 limiting the total
12999  number of enterprise zones designated and the number of
13000  enterprise zones within a population category, Jobs Florida the
13001  Office of Tourism, Trade, and Economic Development may designate
13002  one enterprise zone under this section. Jobs Florida The Office
13003  of Tourism, Trade, and Economic Development shall establish the
13004  initial effective date of the enterprise zone designated
13005  pursuant to this section.
13006         Section 208. Section 290.0074, Florida Statutes, is amended
13007  to read:
13008         290.0074 Enterprise zone designation for Sumter County.
13009  Sumter County may apply to Jobs Florida the Office of Tourism,
13010  Trade, and Economic Development for designation of one
13011  enterprise zone encompassing an area not to exceed 10 square
13012  miles. The application must be submitted by December 31, 2005.
13013  Notwithstanding the provisions of s. 290.0065 limiting the total
13014  number of enterprise zones designated and the number of
13015  enterprise zones within a population category, Jobs Florida the
13016  Office of Tourism, Trade, and Economic Development may designate
13017  one enterprise zone under this section. Jobs Florida The Office
13018  of Tourism, Trade and Economic Development shall establish the
13019  initial effective date of the enterprise zone designated
13020  pursuant to this section.
13021         Section 209. Section 290.0077, Florida Statutes, is amended
13022  to read:
13023         290.0077 Enterprise zone designation for Orange County and
13024  the municipality of Apopka.—Orange County and the municipality
13025  of Apopka may jointly apply to Jobs Florida the Office of
13026  Tourism, Trade, and Economic Development for designation of one
13027  enterprise zone. The application must be submitted by December
13028  31, 2005, and must comply with the requirements of s. 290.0055.
13029  Notwithstanding the provisions of s. 290.0065 limiting the total
13030  number of enterprise zones designated and the number of
13031  enterprise zones within a population category, Jobs Florida the
13032  Office of Tourism, Trade, and Economic Development may designate
13033  one enterprise zone under this section. Jobs Florida The Office
13034  of Tourism, Trade, and Economic Development shall establish the
13035  initial effective date of the enterprise zone designated
13036  pursuant to this section.
13037         Section 210. Section 290.014, Florida Statutes, is amended
13038  to read:
13039         290.014 Annual reports on enterprise zones.—
13040         (1) By February 1 of each year, the Department of Revenue
13041  shall submit an annual report to Jobs Florida the Office of
13042  Tourism, Trade, and Economic Development detailing the usage and
13043  revenue impact by county of the state incentives listed in s.
13044  290.007.
13045         (2) By March 1 of each year, Jobs Florida the office shall
13046  submit an annual report to the Governor, the Speaker of the
13047  House of Representatives, and the President of the Senate. The
13048  report shall include the information provided by the Department
13049  of Revenue pursuant to subsection (1) and the information
13050  provided by enterprise zone development agencies pursuant to s.
13051  290.0056. In addition, the report shall include an analysis of
13052  the activities and accomplishments of each enterprise zone.
13053         Section 211. Subsections (3), (5), (8), (9), (10), and (11)
13054  of section 311.09, Florida Statutes, are amended to read:
13055         311.09 Florida Seaport Transportation and Economic
13056  Development Council.—
13057         (3) The council shall prepare a 5-year Florida Seaport
13058  Mission Plan defining the goals and objectives of the council
13059  concerning the development of port facilities and an intermodal
13060  transportation system consistent with the goals of the Florida
13061  Transportation Plan developed pursuant to s. 339.155. The
13062  Florida Seaport Mission Plan shall include specific
13063  recommendations for the construction of transportation
13064  facilities connecting any port to another transportation mode
13065  and for the efficient, cost-effective development of
13066  transportation facilities or port facilities for the purpose of
13067  enhancing international trade, promoting cargo flow, increasing
13068  cruise passenger movements, increasing port revenues, and
13069  providing economic benefits to the state. The council shall
13070  update the 5-year Florida Seaport Mission Plan annually and
13071  shall submit the plan no later than February 1 of each year to
13072  the President of the Senate,; the Speaker of the House of
13073  Representatives,; Jobs Florida, and the Office of Tourism,
13074  Trade, and Economic Development; and the Department of
13075  Transportation; and the Department of Community Affairs. The
13076  council shall develop programs, based on an examination of
13077  existing programs in Florida and other states, for the training
13078  of minorities and secondary school students in job skills
13079  associated with employment opportunities in the maritime
13080  industry, and report on progress and recommendations for further
13081  action to the President of the Senate and the Speaker of the
13082  House of Representatives annually.
13083         (5) The council shall review and approve or disapprove each
13084  project eligible to be funded pursuant to the Florida Seaport
13085  Transportation and Economic Development Program. The council
13086  shall annually submit to the Secretary of Transportation and;
13087  the commissioner of Jobs Florida, or his or her designee,
13088  director of the Office of Tourism, Trade, and Economic
13089  Development; and the Secretary of Community Affairs a list of
13090  projects which have been approved by the council. The list shall
13091  specify the recommended funding level for each project; and, if
13092  staged implementation of the project is appropriate, the funding
13093  requirements for each stage shall be specified.
13094         (8) Jobs Florida The Office of Tourism, Trade, and Economic
13095  Development, in consultation with Enterprise Florida, Inc.,
13096  shall review the list of projects approved by the council to
13097  evaluate the economic benefit of the project and to determine
13098  whether the project is consistent with the Florida Seaport
13099  Mission Plan. Jobs Florida The Office of Tourism, Trade, and
13100  Economic Development shall review the economic benefits of each
13101  project based upon the rules adopted pursuant to subsection (4).
13102  Jobs Florida The Office of Tourism, Trade, and Economic
13103  Development shall identify those projects which it has
13104  determined do not offer an economic benefit to the state or are
13105  not consistent with the Florida Seaport Mission Plan and shall
13106  notify the council of its findings.
13107         (9) The council shall review the findings of Jobs Florida
13108  the Department of Community Affairs; the Office of Tourism,
13109  Trade, and Economic Development; and the Department of
13110  Transportation. Projects found to be inconsistent pursuant to
13111  subsections (6), (7), and (8) and projects which have been
13112  determined not to offer an economic benefit to the state
13113  pursuant to subsection (8) shall not be included in the list of
13114  projects to be funded.
13115         (10) The Department of Transportation shall include in its
13116  annual legislative budget request a Florida Seaport
13117  Transportation and Economic Development grant program for
13118  expenditure of funds of not less than $8 million per year. Such
13119  budget shall include funding for projects approved by the
13120  council which have been determined by each agency to be
13121  consistent and which have been determined by Jobs Florida the
13122  Office of Tourism, Trade, and Economic Development to be
13123  economically beneficial. The department shall include the
13124  specific approved seaport projects to be funded under this
13125  section during the ensuing fiscal year in the tentative work
13126  program developed pursuant to s. 339.135(4). The total amount of
13127  funding to be allocated to seaport projects under s. 311.07
13128  during the successive 4 fiscal years shall also be included in
13129  the tentative work program developed pursuant to s. 339.135(4).
13130  The council may submit to the department a list of approved
13131  projects that could be made production-ready within the next 2
13132  years. The list shall be submitted by the department as part of
13133  the needs and project list prepared pursuant to s.
13134  339.135(2)(b). However, the department shall, upon written
13135  request of the Florida Seaport Transportation and Economic
13136  Development Council, submit work program amendments pursuant to
13137  s. 339.135(7) to the Governor within 10 days after the later of
13138  the date the request is received by the department or the
13139  effective date of the amendment, termination, or closure of the
13140  applicable funding agreement between the department and the
13141  affected seaport, as required to release the funds from the
13142  existing commitment. Notwithstanding s. 339.135(7)(c), any work
13143  program amendment to transfer prior year funds from one approved
13144  seaport project to another seaport project is subject to the
13145  procedures in s. 339.135(7)(d). Notwithstanding any provision of
13146  law to the contrary, the department may transfer unexpended
13147  budget between the seaport projects as identified in the
13148  approved work program amendments.
13149         (11) The council shall meet at the call of its chairperson,
13150  at the request of a majority of its membership, or at such times
13151  as may be prescribed in its bylaws. However, the council must
13152  meet at least semiannually. A majority of voting members of the
13153  council constitutes a quorum for the purpose of transacting the
13154  business of the council. All members of the council are voting
13155  members. A vote of the majority of the voting members present is
13156  sufficient for any action of the council, except that a member
13157  representing the Department of Transportation, the Department of
13158  Community Affairs, or Jobs Florida the Office of Tourism, Trade,
13159  and Economic Development may vote to overrule any action of the
13160  council approving a project pursuant to subsection (5). The
13161  bylaws of the council may require a greater vote for a
13162  particular action.
13163         Section 212. Section 311.11, Florida Statutes, is amended
13164  to read:
13165         311.11 Seaport Employment Training Grant Program.—
13166         (1) Jobs Florida The Office of Tourism, Trade, and Economic
13167  Development, in cooperation with the Florida Seaport
13168  Transportation and Economic Development Council, shall establish
13169  a Seaport Employment Training Grant Program within Jobs Florida
13170  the Office. Jobs Florida the office shall grant funds
13171  appropriated by the Legislature to the program for the purpose
13172  of stimulating and supporting seaport training and employment
13173  programs which will seek to match state and local training
13174  programs with identified job skills associated with employment
13175  opportunities in the port, maritime, and transportation
13176  industries, and for the purpose of providing such other
13177  training, educational, and information services as required to
13178  stimulate jobs in the described industries. Funds may be used
13179  for the purchase of equipment to be used for training purposes,
13180  hiring instructors, and any other purpose associated with the
13181  training program. The office’s contribution of Jobs Florida to
13182  any specific training program may not exceed 50 percent of the
13183  total cost of the program. Matching contributions may include
13184  services in kind, including, but not limited to, training
13185  instructors, equipment usage, and training facilities.
13186         (2) Jobs Florida The Office shall adopt criteria to
13187  implement this section.
13188         Section 213. Paragraphs (i) and (l) of subsection (1) of
13189  section 311.115, Florida Statutes, are amended to read:
13190         311.115 Seaport Security Standards Advisory Council.—The
13191  Seaport Security Standards Advisory Council is created under the
13192  Office of Drug Control. The council shall serve as an advisory
13193  council as provided in s. 20.03(7).
13194         (1) The members of the council shall be appointed by the
13195  Governor and consist of the following:
13196         (i) One representative of Jobs Florida member from the
13197  Office of Tourism, Trade, and Economic Development.
13198         (l) The Director of the Office Division of Emergency
13199  Management, or his or her designee.
13200         Section 214. Subsection (2) of section 311.22, Florida
13201  Statutes, is amended to read:
13202         311.22 Additional authorization for funding certain
13203  dredging projects.—
13204         (2) The council shall adopt rules for evaluating the
13205  projects that may be funded pursuant to this section. The rules
13206  must provide criteria for evaluating the economic benefit of the
13207  project. The rules must include the creation of an
13208  administrative review process by the council which is similar to
13209  the process described in s. 311.09(5)-(12), and provide for a
13210  review by the Department of Community Affairs, the Department of
13211  Transportation, and Jobs Florida the Office of Tourism, Trade,
13212  and Economic Development of all projects submitted for funding
13213  under this section.
13214         Section 215. Paragraph (a) of subsection (6), paragraph (b)
13215  of subsection (9), subsection (60), and paragraph (b) of
13216  subsection (65) of section 320.08058, Florida Statutes, is
13217  amended to read:
13218         320.08058 Specialty license plates.—
13219         (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
13220  PLATES.—
13221         (a) Because the United States Olympic Committee has
13222  selected this state to participate in a combined fundraising
13223  program that provides for one-half of all money raised through
13224  volunteer giving to stay in this state and be administered by
13225  the Jobs Florida Partnership, Inc., direct-support organization
13226  established under s. 288.1229 to support amateur sports, and
13227  because the United States Olympic Committee and the Jobs Florida
13228  Partnership, Inc., direct-support organization are nonprofit
13229  organizations dedicated to providing athletes with support and
13230  training and preparing athletes of all ages and skill levels for
13231  sports competition, and because the Jobs Florida Partnership,
13232  Inc., direct-support organization assists in the bidding for
13233  sports competitions that provide significant impact to the
13234  economy of this state, and the Legislature supports the efforts
13235  of the United States Olympic Committee and the Jobs Florida
13236  Partnership, Inc., direct-support organization, the Legislature
13237  establishes a Florida United States Olympic Committee license
13238  plate for the purpose of providing a continuous funding source
13239  to support this worthwhile effort. Florida United States Olympic
13240  Committee license plates must contain the official United States
13241  Olympic Committee logo and must bear a design and colors that
13242  are approved by the department. The word “Florida” must be
13243  centered at the top of the plate.
13244         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
13245         (b) The license plate annual use fees are to be annually
13246  distributed as follows:
13247         1. Fifty-five percent of the proceeds from the Florida
13248  Professional Sports Team plate must be deposited into the
13249  Professional Sports Development Trust Fund within Jobs Florida
13250  the Office of Tourism, Trade, and Economic Development. These
13251  funds must be used solely to attract and support major sports
13252  events in this state. As used in this subparagraph, the term
13253  “major sports events” means, but is not limited to, championship
13254  or all-star contests of Major League Baseball, the National
13255  Basketball Association, the National Football League, the
13256  National Hockey League, the men’s and women’s National
13257  Collegiate Athletic Association Final Four basketball
13258  championship, or a horseracing or dogracing Breeders’ Cup. All
13259  funds must be used to support and promote major sporting events,
13260  and the uses must be approved by the Florida Sports Foundation.
13261         2. The remaining proceeds of the Florida Professional
13262  Sports Team license plate must be allocated to the Jobs Florida
13263  Partnership, Inc Florida Sports Foundation, a direct-support
13264  organization of the Office of Tourism, Trade, and Economic
13265  Development. These funds must be deposited into the Professional
13266  Sports Development Trust Fund within Jobs Florida the Office of
13267  Tourism, Trade, and Economic Development. These funds must be
13268  used by the Jobs Florida Partnership, Inc., Florida Sports
13269  Foundation to promote the economic development of the sports
13270  industry; to distribute licensing and royalty fees to
13271  participating professional sports teams; to promote education
13272  programs in Florida schools that provide an awareness of the
13273  benefits of physical activity and nutrition standards; to
13274  partner with the Department of Education and the Department of
13275  Health to develop a program that recognizes schools whose
13276  students demonstrate excellent physical fitness or fitness
13277  improvement; to institute a grant program for communities
13278  bidding on minor sporting events that create an economic impact
13279  for the state; to distribute funds to Florida-based charities
13280  designated by the Jobs Florida Partnership, Inc., Florida Sports
13281  Foundation and the participating professional sports teams; and
13282  to fulfill the sports promotion responsibilities of Jobs Florida
13283  the Office of Tourism, Trade, and Economic Development.
13284         3. The Jobs Florida Partnership, Inc., Florida Sports
13285  Foundation shall provide an annual financial audit in accordance
13286  with s. 215.981 of its financial accounts and records by an
13287  independent certified public accountant pursuant to the contract
13288  established by Jobs Florida the Office of Tourism, Trade, and
13289  Economic Development as specified in s. 288.1229(5). The auditor
13290  shall submit the audit report to Jobs Florida the Office of
13291  Tourism, Trade, and Economic Development for review and
13292  approval. If the audit report is approved, Jobs Florida the
13293  office shall certify the audit report to the Auditor General for
13294  review.
13295         4. Notwithstanding the provisions of subparagraphs 1. and
13296  2., proceeds from the Professional Sports Development Trust Fund
13297  may also be used for operational expenses of the Jobs Florida
13298  Partnership, Inc., Florida Sports Foundation and financial
13299  support of the Sunshine State Games.
13300         (60) FLORIDA NASCAR LICENSE PLATES.—
13301         (a) The department shall develop a Florida NASCAR license
13302  plate as provided in this section. Florida NASCAR license plates
13303  must bear the colors and design approved by the department. The
13304  word “Florida” must appear at the top of the plate, and the term
13305  “NASCAR” must appear at the bottom of the plate. The National
13306  Association for Stock Car Auto Racing, following consultation
13307  with the Jobs Florida Partnership, Inc. Florida Sports
13308  Foundation, may submit a sample plate for consideration by the
13309  department.
13310         (b) The license plate annual use fees shall be distributed
13311  to the Jobs Florida Partnership, Inc., Florida Sports
13312  Foundation, a direct-support organization of the Office of
13313  Tourism, Trade, and Economic Development. The license plate
13314  annual use fees shall be annually allocated as follows:
13315         1. Up to 5 percent of the proceeds from the annual use fees
13316  may be used by the Jobs Florida Partnership, Inc., Florida
13317  Sports Foundation for the administration of the NASCAR license
13318  plate program.
13319         2. The National Association for Stock Car Auto Racing shall
13320  receive up to $60,000 in proceeds from the annual use fees to be
13321  used to pay startup costs, including costs incurred in
13322  developing and issuing the plates. Thereafter, 10 percent of the
13323  proceeds from the annual use fees shall be provided to the
13324  association for the royalty rights for the use of its marks.
13325         3. The remaining proceeds from the annual use fees shall be
13326  distributed to the Jobs Florida Partnership, Inc Florida Sports
13327  Foundation. The Jobs Florida Partnership, Inc., Florida Sports
13328  Foundation will retain 15 percent to support its regional grant
13329  program, attracting sporting events to Florida; 20 percent to
13330  support the marketing of motorsports-related tourism in the
13331  state; and 50 percent to be paid to the NASCAR Foundation, a s.
13332  501(c)(3) charitable organization, to support Florida-based
13333  charitable organizations.
13334         (c) The Jobs Florida Partnership, Inc., Florida Sports
13335  Foundation shall provide an annual financial audit in accordance
13336  with s. 215.981 of its financial accounts and records by an
13337  independent certified public accountant pursuant to the contract
13338  established by Jobs Florida the Office of Tourism, Trade, and
13339  Economic Development as specified in s. 288.1229(5). The auditor
13340  shall submit the audit report to Jobs Florida the Office of
13341  Tourism, Trade, and Economic Development for review and
13342  approval. If the audit report is approved, Jobs Florida the
13343  office shall certify the audit report to the Auditor General for
13344  review.
13345         (65) FLORIDA TENNIS LICENSE PLATES.—
13346         (b) The department shall distribute the annual use fees to
13347  the Jobs Florida Partnership, Inc Florida Sports Foundation, a
13348  direct-support organization of the Office of Tourism, Trade, and
13349  Economic Development. The license plate annual use fees shall be
13350  annually allocated as follows:
13351         1. Up to 5 percent of the proceeds from the annual use fees
13352  may be used by the Jobs Florida Partnership, Inc., Florida
13353  Sports Foundation to administer the license plate program.
13354         2. The United States Tennis Association Florida Section
13355  Foundation shall receive the first $60,000 in proceeds from the
13356  annual use fees to reimburse it for startup costs,
13357  administrative costs, and other costs it incurs in the
13358  development and approval process.
13359         3. Up to 5 percent of the proceeds from the annual use fees
13360  may be used for promoting and marketing the license plates. The
13361  remaining proceeds shall be available for grants by the United
13362  States Tennis Association Florida Section Foundation to
13363  nonprofit organizations to operate youth tennis programs and
13364  adaptive tennis programs for special populations of all ages,
13365  and for building, renovating, and maintaining public tennis
13366  courts.
13367         Section 216. Section 331.302, Florida Statutes, is amended
13368  to read:
13369         331.302 Space Florida; creation; purpose.—
13370         (1) There is established, formed, and created Space
13371  Florida, which is created as an independent special district, a
13372  body politic and corporate, and a subdivision of the state, to
13373  foster the growth and development of a sustainable and world
13374  leading aerospace industry in this state. Space Florida shall
13375  promote aerospace business development by facilitating business
13376  financing, spaceport operations, research and development,
13377  workforce development, and innovative education programs. Space
13378  Florida has all the powers, rights, privileges, and authority as
13379  provided in this chapter under the laws of this state.
13380         (2) In carrying out its duties and responsibilities, Space
13381  Florida shall advise, coordinate, cooperate, and, when
13382  necessary, enter into memoranda of agreement with
13383  municipalities, counties, regional authorities, state agencies
13384  and organizations, appropriate federal agencies and
13385  organizations, and other interested persons and groups.
13386         (3) Space Florida shall be administratively housed within
13387  Jobs Florida Partnership, Inc. Space Florida may not endorse any
13388  candidate for any elected public office or contribute money to
13389  the campaign of any candidate for public office.
13390         (4) Space Florida is not an agency as defined in ss.
13391  216.011 and 287.012.
13392         (5) Space Florida is subject to applicable provisions of
13393  chapter 189. To the extent that any provisions of chapter 189
13394  conflict with this act, this act shall prevail.
13395         (6)Space Florida may not endorse any candidate for any
13396  elected public office or contribute money to the campaign of any
13397  candidate for public office.
13398         Section 217. Section 331.3081, Florida Statutes, is amended
13399  to read:
13400         (Substantial rewording of section. See
13401         s. 288.911, F.S., for present text.)
13402         331.3081 Board of Directors; advisory board.—
13403         (1) Space Florida shall be governed by the 11-member board
13404  of directors of the Jobs Florida Partnership, Inc., created in
13405  s. 288.901(4).
13406         (2) Space Florida shall have a 15-member advisory council,
13407  appointed by the Governor from a list of nominations submitted
13408  by the board of directors. The advisory council shall be
13409  comprised of Florida residents with expertise in the space
13410  industry, and each of the following areas of expertise or
13411  experience must be represented by at least one advisory council
13412  member: human space-flight programs, commercial launches into
13413  space; organized labor with experience working in the aerospace
13414  industry, aerospace-related industries, a commercial company
13415  working under Federal Government contracts to conduct space
13416  related business, an aerospace company whose primary client is
13417  the United States Department of Defense, and an alternative
13418  energy enterprise with potential for aerospace applications. The
13419  advisory council shall elect a member to serve as the chair of
13420  the council.
13421         (3) The advisory council shall make recommendations to the
13422  partnership’s board of directors on the operation of Space
13423  Florida, including matters pertaining to ways to improve or
13424  enhance Florida’s efforts to expand its existing space and
13425  aerospace industry, to improve management and use of Florida’s
13426  state-owned real property assets related to space and aerospace,
13427  how best to retain and, if necessary, retrain Florida’s highly
13428  skilled space and aerospace workforce, and how to strengthen
13429  bonds between this state, NASA, the Department of Defense, and
13430  private space and aerospace industries.
13431         (4) The term for an advisory council member is 4 years. A
13432  member may not serve more than two consecutive terms. The
13433  Governor may remove any member for cause and shall fill all
13434  vacancies that occur.
13435         (5) Advisory council members shall serve without
13436  compensation, but may be reimbursed for all reasonable,
13437  necessary, and actual expenses, as determined by the
13438  partnership’s board of directors.
13439         Section 218. Subsections (2), (4), and (5) of section
13440  331.369, Florida Statutes, are amended to read:
13441         331.369 Space Industry Workforce Initiative.—
13442         (2) Workforce Florida The Workforce Development Board of
13443  Enterprise Florida, Inc., or its successor entity, shall
13444  coordinate development of a Space Industry Workforce Initiative
13445  in partnership with Space Florida, public and private
13446  universities, community colleges, and other training providers
13447  approved by the board. The purpose of the initiative is to use
13448  or revise existing programs and to develop innovative new
13449  programs to address the workforce needs of the aerospace
13450  industry.
13451         (4) Workforce Florida The Workforce Development Board of
13452  Enterprise Florida, Inc., or its successor entity, with the
13453  assistance of Space Florida, shall convene representatives from
13454  the aerospace industry to identify the priority training and
13455  education needs of the industry and to appoint a team to design
13456  programs to meet the priority needs.
13457         (5) Workforce Florida The Workforce Development Board of
13458  Enterprise Florida, Inc., or its successor entity, as part of
13459  its statutorily prescribed annual report to the Legislature,
13460  shall provide recommendations for policies, programs, and
13461  funding to enhance the workforce needs of the aerospace
13462  industry.
13463         Section 219. Paragraph (f) of subsection (1) of section
13464  339.08, Florida Statutes, is amended to read:
13465         339.08 Use of moneys in State Transportation Trust Fund.—
13466         (1) The department shall expend moneys in the State
13467  Transportation Trust Fund accruing to the department, in
13468  accordance with its annual budget. The use of such moneys shall
13469  be restricted to the following purposes:
13470         (f) To pay the cost of economic development transportation
13471  projects in accordance with s. 288.063.
13472         Section 220. Paragraph (f) of subsection (4) and paragraph
13473  (g) of subsection (7) of section 339.135, Florida Statutes, is
13474  amended to read:
13475         339.135 Work program; legislative budget request;
13476  definitions; preparation, adoption, execution, and amendment.—
13477         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
13478         (f) The central office shall submit a preliminary copy of
13479  the tentative work program to the Executive Office of the
13480  Governor, the legislative appropriations committees, the Florida
13481  Transportation Commission, and Jobs Florida the Department of
13482  Community Affairs at least 14 days prior to the convening of the
13483  regular legislative session. Prior to the statewide public
13484  hearing required by paragraph (g), Jobs Florida the Department
13485  of Community Affairs shall transmit to the Florida
13486  Transportation Commission a list of those projects and project
13487  phases contained in the tentative work program which are
13488  identified as being inconsistent with approved local government
13489  comprehensive plans. For urbanized areas of metropolitan
13490  planning organizations, the list may not contain any project or
13491  project phase that is scheduled in a transportation improvement
13492  program unless such inconsistency has been previously reported
13493  to the affected metropolitan planning organization.
13494         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
13495         (g) Notwithstanding the requirements in paragraphs (d) and
13496  (g) and ss. 216.177(2) and 216.351, the secretary may request
13497  the Executive Office of the Governor to amend the adopted work
13498  program when an emergency exists, as defined in s. 252.34(3),
13499  and the emergency relates to the repair or rehabilitation of any
13500  state transportation facility. The Executive Office of the
13501  Governor may approve the amendment to the adopted work program
13502  and amend that portion of the department’s approved budget if a
13503  in the event that the delay incident to the notification
13504  requirements in paragraph (d) would be detrimental to the
13505  interests of the state. However, the department shall
13506  immediately notify the parties specified in paragraph (d) and
13507  shall provide such parties written justification for the
13508  emergency action within 7 days after of the approval by the
13509  Executive Office of the Governor of the amendment to the adopted
13510  work program and the department’s budget. In no event may The
13511  adopted work program may not be amended under the provisions of
13512  this subsection without the certification by the comptroller of
13513  the department that there are sufficient funds available
13514  pursuant to the 36-month cash forecast and applicable statutes.
13515         Section 221. Subsection (2) of section 364.0135, Florida
13516  Statutes, is amended to read:
13517         364.0135 Promotion of broadband deployment.—
13518         (2) The Department of Management Services is authorized to
13519  work collaboratively with, and to receive staffing support and
13520  other resources from, the Jobs Florida Partnership Enterprise
13521  Florida, Inc., state agencies, local governments, private
13522  businesses, and community organizations to:
13523         (a) Conduct a needs assessment of broadband Internet
13524  service in collaboration with communications service providers,
13525  including, but not limited to, wireless and wireline Internet
13526  service providers, to develop geographical information system
13527  maps at the census tract level that will:
13528         1. Identify geographic gaps in broadband services,
13529  including areas unserved by any broadband provider and areas
13530  served by a single broadband provider;
13531         2. Identify the download and upload transmission speeds
13532  made available to businesses and individuals in the state, at
13533  the census tract level of detail, using data rate benchmarks for
13534  broadband service used by the Federal Communications Commission
13535  to reflect different speed tiers; and
13536         3. Provide a baseline assessment of statewide broadband
13537  deployment in terms of percentage of households with broadband
13538  availability.
13539         (b) Create a strategic plan that has goals and strategies
13540  for increasing the use of broadband Internet service in the
13541  state.
13542         (c) Build and facilitate local technology planning teams or
13543  partnerships with members representing cross-sections of the
13544  community, which may include, but are not limited to,
13545  representatives from the following organizations and industries:
13546  libraries, K-12 education, colleges and universities, local
13547  health care providers, private businesses, community
13548  organizations, economic development organizations, local
13549  governments, tourism, parks and recreation, and agriculture.
13550         (d) Encourage the use of broadband Internet service,
13551  especially in the rural, unserved, and underserved communities
13552  of the state through grant programs having effective strategies
13553  to facilitate the statewide deployment of broadband Internet
13554  service. For any grants to be awarded, priority must be given to
13555  projects that:
13556         1. Provide access to broadband education, awareness,
13557  training, access, equipment, and support to libraries, schools,
13558  colleges and universities, health care providers, and community
13559  support organizations.
13560         2. Encourage investments in primarily unserved areas to
13561  give consumers a choice of more than one broadband Internet
13562  service provider.
13563         3. Work toward establishing affordable and sustainable
13564  broadband Internet service in unserved areas of the state.
13565         4. Facilitate the development of applications, programs,
13566  and services, including, but not limited to, telework,
13567  telemedicine, and e-learning to increase the usage of, and
13568  demand for, broadband Internet service in the state.
13569         Section 222. Paragraph (h) of subsection (2) of section
13570  377.703, Florida Statutes, is amended to read:
13571         377.703 Additional functions of the Florida Energy and
13572  Climate Commission.—
13573         (2) FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.—The
13574  commission shall perform the following functions consistent with
13575  the development of a state energy policy:
13576         (h) The commission shall promote the development and use of
13577  renewable energy resources, in conformance with the provisions
13578  of chapter 187 and s. 377.601, by:
13579         1. Establishing goals and strategies for increasing the use
13580  of solar energy in this state.
13581         2. Aiding and promoting the commercialization of solar
13582  energy technology, in cooperation with the Florida Solar Energy
13583  Center, the Jobs Florida Partnership Enterprise Florida, Inc.,
13584  and any other federal, state, or local governmental agency which
13585  may seek to promote research, development, and demonstration of
13586  solar energy equipment and technology.
13587         3. Identifying barriers to greater use of solar energy
13588  systems in this state, and developing specific recommendations
13589  for overcoming identified barriers, with findings and
13590  recommendations to be submitted annually in the report to the
13591  Governor and Legislature required under paragraph (f).
13592         4. In cooperation with the Department of Environmental
13593  Protection, the Department of Transportation, the Jobs Florida
13594  Partnership the Department of Community Affairs, Enterprise
13595  Florida, Inc., the Florida Solar Energy Center, and the Florida
13596  Solar Energy Industries Association, investigating
13597  opportunities, pursuant to the National Energy Policy Act of
13598  1992, the Housing and Community Development Act of 1992, and any
13599  subsequent federal legislation, for solar electric vehicles and
13600  other solar energy manufacturing, distribution, installation,
13601  and financing efforts which will enhance this state’s position
13602  as the leader in solar energy research, development, and use.
13603         5. Undertaking other initiatives to advance the development
13604  and use of renewable energy resources in this state.
13605  
13606  In the exercise of its responsibilities under this paragraph,
13607  the commission shall seek the assistance of the solar energy
13608  industry in this state and other interested parties and is
13609  authorized to enter into contracts, retain professional
13610  consulting services, and expend funds appropriated by the
13611  Legislature for such purposes.
13612         Section 223. Paragraph (h) of subsection (5) of section
13613  377.711, Florida Statutes, is amended to read:
13614         377.711 Florida party to Southern States Energy Compact.
13615  The Southern States Energy Compact is enacted into law and
13616  entered into by the state as a party, and is of full force and
13617  effect between the state and any other states joining therein in
13618  accordance with the terms of the compact, which compact is
13619  substantially as follows:
13620         (5) POWERS.—The board shall have the power to:
13621         (h) Recommend such changes in, or amendments or additions
13622  to, the laws, codes, rules, regulations, administrative
13623  procedures and practices, or ordinances of the party states in
13624  any of the fields of its interest and competence as in its
13625  judgment may be appropriate. Any such recommendation shall be
13626  made through the appropriate state agency with due consideration
13627  of the desirability of uniformity and appropriate weight to any
13628  special circumstances that may justify variations to meet local
13629  conditions. Any such recommendation shall be made, in the case
13630  of Florida, through the Department of Commerce.
13631         Section 224. Subsection (3) of section 377.712, Florida
13632  Statutes, is amended to read:
13633         377.712 Florida participation.—
13634         (3) Departments The department, agencies, and officers of
13635  this state, and its subdivisions are authorized to cooperate
13636  with the board in the furtherance of any of its activities
13637  pursuant to the compact, provided such proposed activities have
13638  been made known to, and have the approval of, either the
13639  Governor or the Department of Health.
13640         Section 225. Subsection (5) of section 377.804, Florida
13641  Statutes, is amended to read:
13642         377.804 Renewable Energy and Energy-Efficient Technologies
13643  Grants Program.—
13644         (5) The commission shall solicit the expertise of state
13645  agencies, the Jobs Florida Partnership Enterprise Florida, Inc.,
13646  and state universities, and may solicit the expertise of other
13647  public and private entities it deems appropriate, in evaluating
13648  project proposals. State agencies shall cooperate with the
13649  commission and provide such assistance as requested.
13650         Section 226. Subsection (18) of section 380.031, Florida
13651  Statutes, is amended to read:
13652         380.031 Definitions.—As used in this chapter:
13653         (18) “State land planning agency” means Jobs Florida the
13654  Department of Community Affairs and may be referred to in this
13655  part as the “department.”
13656         Section 227. Paragraph (s) of subsection (24) of section
13657  380.06, Florida Statutes, is amended to read:
13658         380.06 Developments of regional impact.—
13659         (24) STATUTORY EXEMPTIONS.—
13660         (s) Any development in a detailed specific area plan which
13661  is prepared and adopted pursuant to s. 163.3245 and adopted into
13662  the comprehensive plan is exempt from this section.
13663  
13664  If a use is exempt from review as a development of regional
13665  impact under paragraphs (a)-(s), but will be part of a larger
13666  project that is subject to review as a development of regional
13667  impact, the impact of the exempt use must be included in the
13668  review of the larger project, unless such exempt use involves a
13669  development of regional impact that includes a landowner,
13670  tenant, or user that has entered into a funding agreement with
13671  the Office of Tourism, Trade, and Economic Development under the
13672  Innovation Incentive Program and the agreement contemplates a
13673  state award of at least $50 million.
13674         Section 228. Subsection (3) of section 380.115, Florida
13675  Statutes, is amended to read:
13676         380.115 Vested rights and duties; effect of size reduction,
13677  changes in guidelines and standards.—
13678         (3) A landowner that has filed an application for a
13679  development-of-regional-impact review prior to the adoption of a
13680  an optional sector plan pursuant to s. 163.3245 may elect to
13681  have the application reviewed pursuant to s. 380.06,
13682  comprehensive plan provisions in force prior to adoption of the
13683  sector plan, and any requested comprehensive plan amendments
13684  that accompany the application.
13685         Section 229. Section 380.285, Florida Statutes, is amended
13686  to read:
13687         380.285 Lighthouses; study; preservation; funding.—The
13688  Department of Community Affairs and the Division of Historical
13689  Resources of the Department of State shall undertake a study of
13690  the lighthouses in the state. The study must determine the
13691  location, ownership, condition, and historical significance of
13692  all lighthouses in the state and ensure that all historically
13693  significant lighthouses are nominated for inclusion on the
13694  National Register of Historic Places. The study must assess the
13695  condition and restoration needs of historic lighthouses and
13696  develop plans for appropriate future public access and use. The
13697  Division of Historical Resources shall take a leadership role in
13698  implementing plans to stabilize lighthouses and associated
13699  structures and to preserve and protect them from future
13700  deterioration. When possible, the lighthouses and associated
13701  buildings should be made available to the public for educational
13702  and recreational purposes. The Department of State shall request
13703  in its annual legislative budget requests funding necessary to
13704  carry out the duties and responsibilities specified in this act.
13705  Funds for the rehabilitation of lighthouses should be allocated
13706  through matching grants-in-aid to state and local government
13707  agencies and to nonprofit organizations. The Department of
13708  Environmental Protection may assist the Division of Historical
13709  Resources in projects to accomplish the goals and activities
13710  described in this section.
13711         Section 230. Paragraph (e) of subsection (1) of section
13712  381.0054, Florida Statutes, is amended to read:
13713         381.0054 Healthy lifestyles promotion.—
13714         (1) The Department of Health shall promote healthy
13715  lifestyles to reduce the prevalence of excess weight gain and
13716  obesity in Florida by implementing appropriate physical activity
13717  and nutrition programs that are directed towards all Floridians
13718  by:
13719         (e) Partnering with the Department of Education, school
13720  districts, and the Jobs Florida Partnership, Inc., Florida
13721  Sports Foundation to develop a program that recognizes schools
13722  whose students demonstrate excellent physical fitness or fitness
13723  improvement.
13724         Section 231. Subsection (6) of section 381.0086, Florida
13725  Statutes, is amended to read:
13726         381.0086 Rules; variances; penalties.—
13727         (6) For the purposes of filing an interstate clearance
13728  order with Jobs Florida the Agency for Workforce Innovation, if
13729  the housing is covered by 20 C.F.R. part 654, subpart E, no
13730  permanent structural variance referred to in subsection (2) is
13731  allowed.
13732         Section 232. Subsection (3) of section 381.7354, Florida
13733  Statutes, is amended to read:
13734         381.7354 Eligibility.—
13735         (3) In addition to the grants awarded under subsections (1)
13736  and (2), up to 20 percent of the funding for the Reducing Racial
13737  and Ethnic Health Disparities: Closing the Gap grant program
13738  shall be dedicated to projects that address improving racial and
13739  ethnic health status within specific Front Porch Florida
13740  Communities, as designated pursuant to s. 20.18(6).
13741         Section 233. Paragraph (a) of subsection (5) of section
13742  381.855, Florida Statutes, is amended to read:
13743         381.855 Florida Center for Universal Research to Eradicate
13744  Disease.—
13745         (5) There is established within the center an advisory
13746  council that shall meet at least annually.
13747         (a) The council shall consist of one representative from a
13748  Florida not-for-profit institution engaged in basic and clinical
13749  biomedical research and education which receives more than $10
13750  million in annual grant funding from the National Institutes of
13751  Health, to be appointed by the State Surgeon General from a
13752  different institution each term, and one representative from and
13753  appointed by each of the following entities:
13754         1. The Jobs Florida Partnership Enterprise Florida, Inc.
13755         2. BioFlorida.
13756         3. The Biomedical Research Advisory Council.
13757         4. The Florida Medical Foundation.
13758         5. Pharmaceutical Research and Manufacturers of America.
13759         6. The American Cancer Society, Florida Division, Inc.
13760         7. The American Heart Association.
13761         8. The American Lung Association of Florida.
13762         9. The American Diabetes Association, South Coastal Region.
13763         10. The Alzheimer’s Association.
13764         11. The Epilepsy Foundation.
13765         12. The National Parkinson Foundation.
13766         13. The Florida Public Health Institute, Inc.
13767         14. The Florida Research Consortium.
13768         Section 234. Paragraph (b) of subsection (1) and subsection
13769  (2) of section 383.14, Florida Statutes, are amended to read:
13770         383.14 Screening for metabolic disorders, other hereditary
13771  and congenital disorders, and environmental risk factors.—
13772         (1) SCREENING REQUIREMENTS.—To help ensure access to the
13773  maternal and child health care system, the Department of Health
13774  shall promote the screening of all newborns born in Florida for
13775  metabolic, hereditary, and congenital disorders known to result
13776  in significant impairment of health or intellect, as screening
13777  programs accepted by current medical practice become available
13778  and practical in the judgment of the department. The department
13779  shall also promote the identification and screening of all
13780  newborns in this state and their families for environmental risk
13781  factors such as low income, poor education, maternal and family
13782  stress, emotional instability, substance abuse, and other high
13783  risk conditions associated with increased risk of infant
13784  mortality and morbidity to provide early intervention,
13785  remediation, and prevention services, including, but not limited
13786  to, parent support and training programs, home visitation, and
13787  case management. Identification, perinatal screening, and
13788  intervention efforts shall begin prior to and immediately
13789  following the birth of the child by the attending health care
13790  provider. Such efforts shall be conducted in hospitals,
13791  perinatal centers, county health departments, school health
13792  programs that provide prenatal care, and birthing centers, and
13793  reported to the Office of Vital Statistics.
13794         (b) Postnatal screening.—A risk factor analysis using the
13795  department’s designated risk assessment instrument shall also be
13796  conducted as part of the medical screening process upon the
13797  birth of a child and submitted to the department’s Office of
13798  Vital Statistics for recording and other purposes provided for
13799  in this chapter. The department’s screening process for risk
13800  assessment shall include a scoring mechanism and procedures that
13801  establish thresholds for notification, further assessment,
13802  referral, and eligibility for services by professionals or
13803  paraprofessionals consistent with the level of risk. Procedures
13804  for developing and using the screening instrument, notification,
13805  referral, and care coordination services, reporting
13806  requirements, management information, and maintenance of a
13807  computer-driven registry in the Office of Vital Statistics which
13808  ensures privacy safeguards must be consistent with the
13809  provisions and plans established under chapter 411, Pub. L. No.
13810  99-457, and this chapter. Procedures established for reporting
13811  information and maintaining a confidential registry must include
13812  a mechanism for a centralized information depository at the
13813  state and county levels. The department shall coordinate with
13814  existing risk assessment systems and information registries. The
13815  department must ensure, to the maximum extent possible, that the
13816  screening information registry is integrated with the
13817  department’s automated data systems, including the Florida On
13818  line Recipient Integrated Data Access (FLORIDA) system. Tests
13819  and screenings must be performed by the State Public Health
13820  Laboratory, in coordination with Children’s Medical Services, at
13821  such times and in such manner as is prescribed by the department
13822  after consultation with the Genetics and Newborn Infant
13823  Screening Advisory Council and the Department of Education
13824  Agency for Workforce Innovation.
13825         (2) RULES.—After consultation with the Genetics and Newborn
13826  Screening Advisory Council, the department shall adopt and
13827  enforce rules requiring that every newborn in this state shall,
13828  prior to becoming 1 week of age, be subjected to a test for
13829  phenylketonuria and, at the appropriate age, be tested for such
13830  other metabolic diseases and hereditary or congenital disorders
13831  as the department may deem necessary from time to time. After
13832  consultation with the Department of Education Agency for
13833  Workforce Innovation, the department shall also adopt and
13834  enforce rules requiring every newborn in this state to be
13835  screened for environmental risk factors that place children and
13836  their families at risk for increased morbidity, mortality, and
13837  other negative outcomes. The department shall adopt such
13838  additional rules as are found necessary for the administration
13839  of this section and s. 383.145, including rules providing
13840  definitions of terms, rules relating to the methods used and
13841  time or times for testing as accepted medical practice
13842  indicates, rules relating to charging and collecting fees for
13843  the administration of the newborn screening program authorized
13844  by this section, rules for processing requests and releasing
13845  test and screening results, and rules requiring mandatory
13846  reporting of the results of tests and screenings for these
13847  conditions to the department.
13848         Section 235. Paragraph (b) of subsection (3) of section
13849  402.281, Florida Statutes, is amended to read:
13850         402.281 Gold Seal Quality Care program.—
13851         (3)
13852         (b) In approving accrediting associations, the department
13853  shall consult with the Department of Education, the Agency for
13854  Workforce Innovation, the Florida Head Start Directors
13855  Association, the Florida Association of Child Care Management,
13856  the Florida Family Day Care Association, the Florida Children’s
13857  Forum, the Early Childhood Association of Florida, the Child
13858  Development Education Alliance, providers receiving exemptions
13859  under s. 402.316, and parents.
13860         Section 236. Subsection (6) of section 402.45, Florida
13861  Statutes, is amended to read:
13862         402.45 Community resource mother or father program.—
13863         (6) Individuals under contract to provide community
13864  resource mother or father services shall participate in
13865  preservice and ongoing training as determined by the Department
13866  of Health in consultation with the Department of Education
13867  Agency for Workforce Innovation. A community resource mother or
13868  father shall not be assigned a client caseload until all
13869  preservice training requirements are completed.
13870         Section 237. Paragraph (a) of subsection (4) of section
13871  402.56, Florida Statutes, is amended to read:
13872         402.56 Children’s cabinet; organization; responsibilities;
13873  annual report.—
13874         (4) MEMBERS.—The cabinet shall consist of 15 members
13875  including the Governor and the following persons:
13876         (a)1. The Secretary of Children and Family Services;
13877         2. The Secretary of Juvenile Justice;
13878         3. The director of the Agency for Persons with
13879  Disabilities;
13880         4. The director of the Agency for Workforce Innovation;
13881         4.5. The State Surgeon General;
13882         5.6. The Secretary of Health Care Administration;
13883         6.7. The Commissioner of Education;
13884         7.8. The director of the Statewide Guardian Ad Litem
13885  Office;
13886         8.9. The director of the Office of Child Abuse Prevention;
13887  and
13888         9.10. Five members representing children and youth advocacy
13889  organizations, who are not service providers and who are
13890  appointed by the Governor.
13891         Section 238. Paragraph (b) of subsection (3) of section
13892  403.42, Florida Statutes, is amended to read:
13893         403.42 Florida Clean Fuel Act.—
13894         (3) CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;
13895  MEMBERSHIP; DUTIES AND RESPONSIBILITIES.—
13896         (b)1. The advisory board shall consist of the Secretary of
13897  Community Affairs, or a designee from that department, the
13898  Secretary of Environmental Protection, or a designee from that
13899  department, the Commissioner of Education, or a designee from
13900  that department, the Secretary of Transportation, or a designee
13901  from that department, the Commissioner of Agriculture, or a
13902  designee from the Department of Agriculture and Consumer
13903  Services, the Secretary of Management Services, or a designee
13904  from that department, and a representative of each of the
13905  following, who shall be appointed by the Secretary of
13906  Environmental Protection:
13907         a. The Florida biodiesel industry.
13908         b. The Florida electric utility industry.
13909         c. The Florida natural gas industry.
13910         d. The Florida propane gas industry.
13911         e. An automobile manufacturers’ association.
13912         f. A Florida Clean Cities Coalition designated by the
13913  United States Department of Energy.
13914         g. The Jobs Florida Partnership Enterprise Florida, Inc.
13915         h. EV Ready Broward.
13916         i. The Florida petroleum industry.
13917         j. The Florida League of Cities.
13918         k. The Florida Association of Counties.
13919         l. Floridians for Better Transportation.
13920         m. A motor vehicle manufacturer.
13921         n. Florida Local Environment Resource Agencies.
13922         o. Project for an Energy Efficient Florida.
13923         p. Florida Transportation Builders Association.
13924         2. The purpose of the advisory board is to serve as a
13925  resource for the department and to provide the Governor, the
13926  Legislature, and the Secretary of Environmental Protection with
13927  private sector and other public agency perspectives on achieving
13928  the goal of increasing the use of alternative fuel vehicles in
13929  this state.
13930         3. Members shall be appointed to serve terms of 1 year
13931  each, with reappointment at the discretion of the Secretary of
13932  Environmental Protection. Vacancies shall be filled for the
13933  remainder of the unexpired term in the same manner as the
13934  original appointment.
13935         4. The board shall annually select a chairperson.
13936         5.a. The board shall meet at least once each quarter or
13937  more often at the call of the chairperson or the Secretary of
13938  Environmental Protection.
13939         b. Meetings are exempt from the notice requirements of
13940  chapter 120, and sufficient notice shall be given to afford
13941  interested persons reasonable notice under the circumstances.
13942         6. Members of the board are entitled to travel expenses
13943  while engaged in the performance of board duties.
13944         7. The board shall terminate 5 years after the effective
13945  date of this act.
13946         Section 239. Subsection (5) of section 403.7032, Florida
13947  Statutes, is amended to read:
13948         403.7032 Recycling.—
13949         (5) The Department of Environmental Protection shall create
13950  the Recycling Business Assistance Center by December 1, 2010. In
13951  carrying out its duties under this subsection, the department
13952  shall consult with state agency personnel appointed to serve as
13953  economic development liaisons under s. 288.021 and seek
13954  technical assistance from the Jobs Florida Partnership
13955  Enterprise Florida, Inc., to ensure the Recycling Business
13956  Assistance Center is positioned to succeed. The purpose of the
13957  center shall be to serve as the mechanism for coordination among
13958  state agencies and the private sector in order to coordinate
13959  policy and overall strategic planning for developing new markets
13960  and expanding and enhancing existing markets for recyclable
13961  materials in this state, other states, and foreign countries.
13962  The duties of the center must include, at a minimum:
13963         (a) Identifying and developing new markets and expanding
13964  and enhancing existing markets for recyclable materials.
13965         (b) Pursuing expanded end uses for recycled materials.
13966         (c) Targeting materials for concentrated market development
13967  efforts.
13968         (d) Developing proposals for new incentives for market
13969  development, particularly focusing on targeted materials.
13970         (e) Providing guidance on issues such as permitting,
13971  finance options for recycling market development, site location,
13972  research and development, grant program criteria for recycled
13973  materials markets, recycling markets education and information,
13974  and minimum content.
13975         (f) Coordinating the efforts of various governmental
13976  entities having market development responsibilities in order to
13977  optimize supply and demand for recyclable materials.
13978         (g) Evaluating source-reduced products as they relate to
13979  state procurement policy. The evaluation shall include, but is
13980  not limited to, the environmental and economic impact of source
13981  reduced product purchases to the state. For the purposes of this
13982  paragraph, the term “source-reduced” means any method, process,
13983  product, or technology that significantly or substantially
13984  reduces the volume or weight of a product while providing, at a
13985  minimum, equivalent or generally similar performance and service
13986  to and for the users of such materials.
13987         (h) Providing evaluation of solid waste management grants,
13988  pursuant to s. 403.7095, to reduce the flow of solid waste to
13989  disposal facilities and encourage the sustainable recovery of
13990  materials from Florida’s waste stream.
13991         (i) Providing below-market financing for companies that
13992  manufacture products from recycled materials or convert
13993  recyclable materials into raw materials for use in manufacturing
13994  pursuant to the Florida Recycling Loan Program as administered
13995  by the Florida First Capital Finance Corporation.
13996         (j) Maintaining a continuously updated online directory
13997  listing the public and private entities that collect, transport,
13998  broker, process, or remanufacture recyclable materials in the
13999  state.
14000         (k) Providing information on the availability and benefits
14001  of using recycled materials to private entities and industries
14002  in the state.
14003         (l) Distributing any materials prepared in implementing
14004  this subsection to the public, private entities, industries,
14005  governmental entities, or other organizations upon request.
14006         (m) Coordinating with Jobs Florida the Agency for Workforce
14007  Innovation and its partners to provide job placement and job
14008  training services to job seekers through the state’s workforce
14009  services programs.
14010         Section 240. Paragraphs (c), (d), and (e) of subsection
14011  (2), paragraphs (b) and (c) of subsection (3), and subsections
14012  (4), (15), (17), and (18) of section 403.973, Florida Statutes,
14013  are amended to read:
14014         403.973 Expedited permitting; amendments to comprehensive
14015  plans.—
14016         (2) As used in this section, the term:
14017         (c) “Office” means the Office of Tourism, Trade, and
14018  Economic Development.
14019         (c)(d) “Permit applications” means state permits and
14020  licenses, and at the option of a participating local government,
14021  local development permits or orders.
14022         (d)(e) “Secretary” means the Secretary of Environmental
14023  Protection or his or her designee.
14024         (3)
14025         (b) On a case-by-case basis and at the request of a county
14026  or municipal government, Jobs Florida the office may certify as
14027  eligible for expedited review a project not meeting the minimum
14028  job creation thresholds but creating a minimum of 10 jobs. The
14029  recommendation from the governing body of the county or
14030  municipality in which the project may be located is required in
14031  order for Jobs Florida the office to certify that any project is
14032  eligible for expedited review under this paragraph. When
14033  considering projects that do not meet the minimum job creation
14034  thresholds but that are recommended by the governing body in
14035  which the project may be located, Jobs Florida the office shall
14036  consider economic impact factors that include, but are not
14037  limited to:
14038         1. The proposed wage and skill levels relative to those
14039  existing in the area in which the project may be located;
14040         2. The project’s potential to diversify and strengthen the
14041  area’s economy;
14042         3. The amount of capital investment; and
14043         4. The number of jobs that will be made available for
14044  persons served by the welfare transition program.
14045         (c) At the request of a county or municipal government,
14046  Jobs Florida the office or a Quick Permitting County may certify
14047  projects located in counties where the ratio of new jobs per
14048  participant in the welfare transition program, as determined by
14049  Workforce Florida, Inc., is less than one or otherwise critical,
14050  as eligible for the expedited permitting process. Such projects
14051  must meet the numerical job creation criteria of this
14052  subsection, but the jobs created by the project do not have to
14053  be high-wage jobs that diversify the state’s economy.
14054         (4) The regional teams shall be established through the
14055  execution of memoranda of agreement developed by the applicant
14056  and the secretary, with input solicited from Jobs Florida the
14057  office and the respective heads of the Department of Community
14058  Affairs, the Department of Transportation and its district
14059  offices, the Department of Agriculture and Consumer Services,
14060  the Fish and Wildlife Conservation Commission, appropriate
14061  regional planning councils, appropriate water management
14062  districts, and voluntarily participating municipalities and
14063  counties. The memoranda of agreement should also accommodate
14064  participation in this expedited process by other local
14065  governments and federal agencies as circumstances warrant.
14066         (15) Jobs Florida The office, working with the agencies
14067  providing cooperative assistance and input regarding the
14068  memoranda of agreement, shall review sites proposed for the
14069  location of facilities eligible for the Innovation Incentive
14070  Program under s. 288.1089. Within 20 days after the request for
14071  the review by Jobs Florida the office, the agencies shall
14072  provide to Jobs Florida the office a statement as to each site’s
14073  necessary permits under local, state, and federal law and an
14074  identification of significant permitting issues, which if
14075  unresolved, may result in the denial of an agency permit or
14076  approval or any significant delay caused by the permitting
14077  process.
14078         (17) Jobs Florida The office shall be responsible for
14079  certifying a business as eligible for undergoing expedited
14080  review under this section. The Jobs Florida Partnership
14081  Enterprise Florida, Inc., a county or municipal government, or
14082  the Rural Economic Development Initiative may recommend to Jobs
14083  Florida the Office of Tourism, Trade, and Economic Development
14084  that a project meeting the minimum job creation threshold
14085  undergo expedited review.
14086         (18) Jobs Florida The office, working with the Rural
14087  Economic Development Initiative and the agencies participating
14088  in the memoranda of agreement, shall provide technical
14089  assistance in preparing permit applications and local
14090  comprehensive plan amendments for counties having a population
14091  of fewer than 75,000 residents, or counties having fewer than
14092  125,000 residents which are contiguous to counties having fewer
14093  than 75,000 residents. Additional assistance may include, but
14094  not be limited to, guidance in land development regulations and
14095  permitting processes, working cooperatively with state,
14096  regional, and local entities to identify areas within these
14097  counties which may be suitable or adaptable for preclearance
14098  review of specified types of land uses and other activities
14099  requiring permits.
14100         Section 241. Paragraph (a) of subsection (3) of section
14101  409.017, Florida Statutes, is amended to read:
14102         409.017 Revenue Maximization Act; legislative intent;
14103  revenue maximization program.—
14104         (3) REVENUE MAXIMIZATION PROGRAM.—
14105         (a) For purposes of this section, the term “agency” means
14106  any state agency or department that is involved in providing
14107  health, social, or human services, including, but not limited
14108  to, the Agency for Health Care Administration, the Agency for
14109  Workforce Innovation, the Department of Children and Family
14110  Services, the Department of Elderly Affairs, the Department of
14111  Juvenile Justice, the Department of Education, and the State
14112  Board of Education.
14113         Section 242. Paragraph (c) of subsection (7) of section
14114  409.1451, Florida Statutes, is amended to read:
14115         409.1451 Independent living transition services.—
14116         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
14117  Secretary of Children and Family Services shall establish the
14118  Independent Living Services Advisory Council for the purpose of
14119  reviewing and making recommendations concerning the
14120  implementation and operation of the independent living
14121  transition services. This advisory council shall continue to
14122  function as specified in this subsection until the Legislature
14123  determines that the advisory council can no longer provide a
14124  valuable contribution to the department’s efforts to achieve the
14125  goals of the independent living transition services.
14126         (c) Members of the advisory council shall be appointed by
14127  the secretary of the department. The membership of the advisory
14128  council must include, at a minimum, representatives from the
14129  headquarters and district offices of the Department of Children
14130  and Family Services, community-based care lead agencies, the
14131  Agency for Workforce Innovation, the Department of Education,
14132  the Agency for Health Care Administration, the State Youth
14133  Advisory Board, Workforce Florida, Inc., the Statewide Guardian
14134  Ad Litem Office, foster parents, recipients of Road-to
14135  Independence Program funding, and advocates for foster children.
14136  The secretary shall determine the length of the term to be
14137  served by each member appointed to the advisory council, which
14138  may not exceed 4 years.
14139         Section 243. Subsection (1), paragraph (b) of subsection
14140  (3), and subsection (8) of section 409.2576, Florida Statutes,
14141  are amended to read:
14142         409.2576 State Directory of New Hires.—
14143         (1) DIRECTORY CREATED.—The State Directory of New Hires is
14144  hereby created and shall be administered by the Department of
14145  Revenue or its agent. The Department of Labor and Employment
14146  Security will act as the agent until a date not later than
14147  October 1, 1998. All employers in the state shall furnish a
14148  report consistent with subsection (3) for each newly hired or
14149  rehired employee unless the employee is employed by a federal or
14150  state agency performing intelligence or counterintelligence
14151  functions and the head of such agency has determined that
14152  reporting pursuant to this section could endanger the safety of
14153  the employee or compromise an ongoing investigation or
14154  intelligence mission.
14155         (3) EMPLOYERS TO FURNISH REPORTS.—
14156         (b) Upon termination of the contract with the Department of
14157  Labor and Employment Security, but not later than October 1,
14158  1998, All employers shall furnish a report to the State
14159  Directory of New Hires of the state in which the newly hired or
14160  rehired employee works. The report required in this section
14161  shall be made on a W-4 form or, at the option of the employer,
14162  an equivalent form, and can be transmitted magnetically,
14163  electronically, by first-class mail, or other methods which may
14164  be prescribed by the State Directory. Each report shall include
14165  the name, address, date of hire, and social security number of
14166  every new and rehired employee and the name, address, and
14167  federal employer identification number of the reporting
14168  employer. If available, the employer may also include the
14169  employee’s date of birth in the report. Multistate employers
14170  that report new hire information electronically or magnetically
14171  may designate a single state to which it will transmit the above
14172  noted report, provided the employer has employees in that state
14173  and the employer notifies the Secretary of Health and Human
14174  Services in writing to which state the information will be
14175  provided. Agencies of the United States Government shall report
14176  directly to the National Directory of New Hires.
14177         (8) PROVIDING INFORMATION TO NATIONAL DIRECTORY.—Not later
14178  than October 1, 1997, The State Directory of New Hires must
14179  furnish information regarding newly hired or rehired employees
14180  to the National Directory of New Hires for matching with the
14181  records of other state case registries within 3 business days of
14182  entering such information from the employer into the State
14183  Directory of New Hires. The State Directory of New Hires shall
14184  enter into an agreement with Jobs Florida or its tax collection
14185  service provider the Florida Department of Labor and Employment
14186  Security for the quarterly reporting to the National Directory
14187  of New Hires information on wages and unemployment compensation
14188  taken from the quarterly report to the Secretary of Labor, now
14189  required by Title III of the Social Security Act, except that no
14190  report shall be filed with respect to an employee of a state or
14191  local agency performing intelligence or counterintelligence
14192  functions, if the head of such agency has determined that filing
14193  such a report could endanger the safety of the employee or
14194  compromise an ongoing investigation or intelligence mission.
14195         Section 244. Section 409.944, Florida Statutes, is amended
14196  to read:
14197         409.944 Inner City Redevelopment Assistance Grants
14198  Program.—There is created an Inner City Redevelopment Assistance
14199  Grants Program to be administered by Jobs Florida the Office of
14200  Tourism, Trade, and Economic Development. Jobs Florida The
14201  Office shall develop criteria for awarding these grants which
14202  give weighted consideration to urban high-crime areas as
14203  identified by the Florida Department of Law Enforcement. These
14204  criteria shall also be weighted to immediate creation of jobs
14205  for residents in the targeted areas.
14206         Section 245. Section 409.946, Florida Statutes, is amended
14207  to read:
14208         409.946 Inner City Redevelopment Review Panel.—In order to
14209  enhance public participation and involvement in the
14210  redevelopment of inner-city areas, there is created within Jobs
14211  Florida the Office of Tourism, Trade, and Economic Development
14212  the Inner City Redevelopment Review Panel.
14213         (1) The review panel shall consist of six seven members who
14214  represent different areas of the state, who are appointed by the
14215  commissioner of Jobs Florida Director of the Office of Tourism,
14216  Trade, and Economic Development, and who are qualified, through
14217  the demonstration of special interest, experience, or education,
14218  in the redevelopment of the state’s inner-city areas, as
14219  follows:
14220         (a) One member must be affiliated with the advisory council
14221  of the Division of Minority Business Development of the Jobs
14222  Florida Partnership, Inc. Black Business Investment Board;
14223         (b) One member must be affiliated with the Institute on
14224  Urban Policy and Commerce at Florida Agricultural and Mechanical
14225  University;
14226         (c) One member must be affiliated with a local economic
14227  development agency the Office of Tourism, Trade, and Economic
14228  Development;
14229         (d) One member must be the president of the Jobs Florida
14230  Partnership, Inc., Enterprise Florida, Inc., or the president’s
14231  designee;
14232         (e) One member must be the Secretary of Community Affairs
14233  or the secretary’s designee;
14234         (e)(f) One member must be affiliated with the Better
14235  Jobs/Better Wages Council of Workforce Florida, Inc.; and
14236         (f)(g) One member must be affiliated with the First
14237  Jobs/First Wages Council of Workforce Florida, Inc.
14238         (2) The importance of minority and gender representation
14239  must be considered when making appointments to the panel, and
14240  the geographic representation of panel members must also be
14241  considered.
14242         (3) Members of the review panel shall be appointed for 4
14243  year terms. A person may not serve more than two consecutive
14244  terms on the panel.
14245         (4) Members shall elect a chairperson annually. A member
14246  may not be elected to consecutive terms as chairperson.
14247         (5) All action taken by the review panel shall be by
14248  majority vote of those present. The commissioner of Jobs Florida
14249  director of the Office of Tourism, Trade, and Economic
14250  Development or the commissioner’s director’s designee shall
14251  serve without voting rights as secretary to the panel. Jobs
14252  Florida The Office of Tourism, Trade, and Economic Development
14253  shall provide necessary staff assistance to the panel.
14254         (6) It is the responsibility of the panel to evaluate
14255  proposals for awards of inner-city redevelopment grants
14256  administered by Jobs Florida the Office of Tourism, Trade, and
14257  Economic Development. The panel shall review and evaluate all
14258  proposals for grants and shall make recommendations, including a
14259  priority ranking, reflecting such evaluation.
14260         Section 246. Paragraph (d) of subsection (2), subsection
14261  (4), paragraphs (a), (c), (d), (e), and (f) of subsection (5),
14262  paragraph (e) of subsection (7), subsection (8), and paragraphs
14263  (b), (c), (d), and (e) of subsection (9) of section 411.01,
14264  Florida Statutes, are amended to read:
14265         411.01 School readiness programs; early learning
14266  coalitions.—
14267         (2) LEGISLATIVE INTENT.—
14268         (d) It is the intent of the Legislature that the
14269  administrative staff for school readiness programs be kept to
14270  the minimum necessary to administer the duties of the Department
14271  of Education Agency for Workforce Innovation and early learning
14272  coalitions. The Department of Education Agency for Workforce
14273  Innovation shall adopt system support services at the state
14274  level to build a comprehensive early learning system. Each early
14275  learning coalition shall implement and maintain direct
14276  enhancement services at the local level, as approved in its
14277  school readiness plan by the Department of Education Agency for
14278  Workforce Innovation, and ensure access to such services in all
14279  67 counties.
14280         (4) DEPARTMENT OF EDUCATION AGENCY FOR WORKFORCE
14281  INNOVATION.—
14282         (a) The Department of Education Agency for Workforce
14283  Innovation shall administer school readiness programs at the
14284  state level and shall coordinate with the early learning
14285  coalitions in providing school readiness services on a full-day,
14286  full-year, full-choice basis to the extent possible in order to
14287  enable parents to work and be financially self-sufficient.
14288         (b) The Department of Education Agency for Workforce
14289  Innovation shall:
14290         1. Coordinate the birth-to-kindergarten services for
14291  children who are eligible under subsection (6) and the
14292  programmatic, administrative, and fiscal standards under this
14293  section for all public providers of school readiness programs.
14294         2. Focus on improving the educational quality of all
14295  program providers participating in publicly funded school
14296  readiness programs.
14297         (c) The Governor shall designate the Department of
14298  Education Agency for Workforce Innovation as the lead agency for
14299  administration of the federal Child Care and Development Fund,
14300  45 C.F.R. parts 98 and 99, and the department agency shall
14301  comply with the lead agency responsibilities under federal law.
14302         (d) The Department of Education Agency for Workforce
14303  Innovation shall:
14304         1. Be responsible for the prudent use of all public and
14305  private funds in accordance with all legal and contractual
14306  requirements.
14307         2. Provide final approval and every 2 years review early
14308  learning coalitions and school readiness plans.
14309         3. Establish a unified approach to the state’s efforts
14310  toward enhancement of school readiness. In support of this
14311  effort, the Department of Education Agency for Workforce
14312  Innovation shall adopt specific system support services that
14313  address the state’s school readiness programs. An early learning
14314  coalition shall amend its school readiness plan to conform to
14315  the specific system support services adopted by the Department
14316  of Education Agency for Workforce Innovation. System support
14317  services shall include, but are not limited to:
14318         a. Child care resource and referral services;
14319         b. Warm-Line services;
14320         c. Eligibility determinations;
14321         d. Child performance standards;
14322         e. Child screening and assessment;
14323         f. Developmentally appropriate curricula;
14324         g. Health and safety requirements;
14325         h. Statewide data system requirements; and
14326         i. Rating and improvement systems.
14327         4. Safeguard the effective use of federal, state, local,
14328  and private resources to achieve the highest possible level of
14329  school readiness for the children in this state.
14330         5. Adopt a rule establishing criteria for the expenditure
14331  of funds designated for the purpose of funding activities to
14332  improve the quality of child care within the state in accordance
14333  with s. 658G of the federal Child Care and Development Block
14334  Grant Act.
14335         6. Provide technical assistance to early learning
14336  coalitions in a manner determined by the Department of Education
14337  Agency for Workforce Innovation based upon information obtained
14338  by the department agency from various sources, including, but
14339  not limited to, public input, government reports, private
14340  interest group reports, department agency monitoring visits, and
14341  coalition requests for service.
14342         7. In cooperation with the Department of Education and
14343  early learning coalitions, coordinate with the Child Care
14344  Services Program Office of the Department of Children and Family
14345  Services to minimize duplicating interagency activities, health
14346  and safety monitoring, and acquiring and composing data
14347  pertaining to child care training and credentialing.
14348         8. Develop and adopt performance standards and outcome
14349  measures for school readiness programs. The performance
14350  standards must address the age-appropriate progress of children
14351  in the development of school readiness skills. The performance
14352  standards for children from birth to 5 years of age in school
14353  readiness programs must be integrated with the performance
14354  standards adopted by the Department of Education for children in
14355  the Voluntary Prekindergarten Education Program under s.
14356  1002.67.
14357         9. Adopt a standard contract that must be used by the
14358  coalitions when contracting with school readiness providers.
14359         (e) The Department of Education Agency for Workforce
14360  Innovation may adopt rules under ss. 120.536(1) and 120.54 to
14361  administer the provisions of law conferring duties upon the
14362  department agency, including, but not limited to, rules
14363  governing the administration of system support services of
14364  school readiness programs, the collection of data, the approval
14365  of early learning coalitions and school readiness plans, the
14366  provision of a method whereby an early learning coalition may
14367  serve two or more counties, the award of incentives to early
14368  learning coalitions, child performance standards, child outcome
14369  measures, the issuance of waivers, and the implementation of the
14370  state’s Child Care and Development Fund Plan as approved by the
14371  federal Administration for Children and Families.
14372         (f) The Department of Education Agency for Workforce
14373  Innovation shall have all powers necessary to administer this
14374  section, including, but not limited to, the power to receive and
14375  accept grants, loans, or advances of funds from any public or
14376  private agency and to receive and accept from any source
14377  contributions of money, property, labor, or any other thing of
14378  value, to be held, used, and applied for purposes of this
14379  section.
14380         (g) Except as provided by law, the Department of Education
14381  Agency for Workforce Innovation may not impose requirements on a
14382  child care or early childhood education provider that does not
14383  deliver services under the school readiness programs or receive
14384  state or federal funds under this section.
14385         (h) The Department of Education Agency for Workforce
14386  Innovation shall have a budget for school readiness programs,
14387  which shall be financed through an annual appropriation made for
14388  purposes of this section in the General Appropriations Act.
14389         (i) The Department of Education Agency for Workforce
14390  Innovation shall coordinate the efforts toward school readiness
14391  in this state and provide independent policy analyses, data
14392  analyses, and recommendations to the Governor, the State Board
14393  of Education, and the Legislature.
14394         (j) The Department of Education Agency for Workforce
14395  Innovation shall require that school readiness programs, at a
14396  minimum, enhance the age-appropriate progress of each child in
14397  attaining the performance standards adopted under subparagraph
14398  (d)8. and in the development of the following school readiness
14399  skills:
14400         1. Compliance with rules, limitations, and routines.
14401         2. Ability to perform tasks.
14402         3. Interactions with adults.
14403         4. Interactions with peers.
14404         5. Ability to cope with challenges.
14405         6. Self-help skills.
14406         7. Ability to express the child’s needs.
14407         8. Verbal communication skills.
14408         9. Problem-solving skills.
14409         10. Following of verbal directions.
14410         11. Demonstration of curiosity, persistence, and
14411  exploratory behavior.
14412         12. Interest in books and other printed materials.
14413         13. Paying attention to stories.
14414         14. Participation in art and music activities.
14415         15. Ability to identify colors, geometric shapes, letters
14416  of the alphabet, numbers, and spatial and temporal
14417  relationships.
14418  
14419  Within 30 days after enrollment in the school readiness program,
14420  the early learning coalition must ensure that the program
14421  provider obtains information regarding the child’s
14422  immunizations, physical development, and other health
14423  requirements as necessary, including appropriate vision and
14424  hearing screening and examinations. For a program provider
14425  licensed by the Department of Children and Family Services, the
14426  provider’s compliance with s. 402.305(9), as verified pursuant
14427  to s. 402.311, shall satisfy this requirement.
14428         (k) The Department of Education Agency for Workforce
14429  Innovation shall conduct studies and planning activities related
14430  to the overall improvement and effectiveness of the outcome
14431  measures adopted by the department agency for school readiness
14432  programs and the specific system support services to address the
14433  state’s school readiness programs adopted by the Department of
14434  Education Agency for Workforce Innovation in accordance with
14435  subparagraph (d)3.
14436         (l) The Department of Education Agency for Workforce
14437  Innovation shall monitor and evaluate the performance of each
14438  early learning coalition in administering the school readiness
14439  program, implementing the coalition’s school readiness plan, and
14440  administering the Voluntary Prekindergarten Education Program.
14441  These monitoring and performance evaluations must include, at a
14442  minimum, onsite monitoring of each coalition’s finances,
14443  management, operations, and programs.
14444         (m) The Department of Education Agency for Workforce
14445  Innovation shall submit an annual report of its activities
14446  conducted under this section to the Governor, the President of
14447  the Senate, the Speaker of the House of Representatives, and the
14448  minority leaders of both houses of the Legislature. In addition,
14449  the Department of Education’s Agency for Workforce Innovation’s
14450  reports and recommendations shall be made available to the
14451  Florida Early Learning Advisory Council and other appropriate
14452  state agencies and entities. The annual report must provide an
14453  analysis of school readiness activities across the state,
14454  including the number of children who were served in the
14455  programs.
14456         (n) The Department of Education Agency for Workforce
14457  Innovation shall work with the early learning coalitions to
14458  ensure availability of training and support for parental
14459  involvement in children’s early education and to provide family
14460  literacy activities and services.
14461         (5) CREATION OF EARLY LEARNING COALITIONS.—
14462         (a) Early learning coalitions.—
14463         1. Each early learning coalition shall maintain direct
14464  enhancement services at the local level and ensure access to
14465  such services in all 67 counties.
14466         2. The Department of Education Agency for Workforce
14467  Innovation shall establish the minimum number of children to be
14468  served by each early learning coalition through the coalition’s
14469  school readiness program. The Department of Education Agency for
14470  Workforce Innovation may only approve school readiness plans in
14471  accordance with this minimum number. The minimum number must be
14472  uniform for every early learning coalition and must:
14473         a. Permit 31 or fewer coalitions to be established; and
14474         b. Require each coalition to serve at least 2,000 children
14475  based upon the average number of all children served per month
14476  through the coalition’s school readiness program during the
14477  previous 12 months.
14478         3. If an early learning coalition would serve fewer
14479  children than the minimum number established under subparagraph
14480  2., the coalition must merge with another county to form a
14481  multicounty coalition. The Department of Education Agency for
14482  Workforce Innovation shall adopt procedures for merging early
14483  learning coalitions, including procedures for the consolidation
14484  of merging coalitions, and for the early termination of the
14485  terms of coalition members which are necessary to accomplish the
14486  mergers. However, the Department of Education Agency for
14487  Workforce Innovation shall grant a waiver to an early learning
14488  coalition to serve fewer children than the minimum number
14489  established under subparagraph 2., if:
14490         a. The Department of Education Agency for Workforce
14491  Innovation has determined during the most recent review of the
14492  coalition’s school readiness plan, or through monitoring and
14493  performance evaluations conducted under paragraph (4)(l), that
14494  the coalition has substantially implemented its plan;
14495         b. The coalition demonstrates to the Department of
14496  Education Agency for Workforce Innovation the coalition’s
14497  ability to effectively and efficiently implement the Voluntary
14498  Prekindergarten Education Program; and
14499         c. The coalition demonstrates to the Department of
14500  Education Agency for Workforce Innovation that the coalition can
14501  perform its duties in accordance with law.
14502  
14503  If an early learning coalition fails or refuses to merge as
14504  required by this subparagraph, the Department of Education
14505  Agency for Workforce Innovation may dissolve the coalition and
14506  temporarily contract with a qualified entity to continue school
14507  readiness and prekindergarten services in the coalition’s county
14508  or multicounty region until the department agency reestablishes
14509  the coalition and a new school readiness plan is approved by the
14510  department agency.
14511         4. Each early learning coalition shall be composed of at
14512  least 15 members but not more than 30 members. The Department of
14513  Education Agency for Workforce Innovation shall adopt standards
14514  establishing within this range the minimum and maximum number of
14515  members that may be appointed to an early learning coalition and
14516  procedures for identifying which members have voting privileges
14517  under subparagraph 6. These standards must include variations
14518  for a coalition serving a multicounty region. Each early
14519  learning coalition must comply with these standards.
14520         5. The Governor shall appoint the chair and two other
14521  members of each early learning coalition, who must each meet the
14522  same qualifications as private sector business members appointed
14523  by the coalition under subparagraph 7.
14524         6. Each early learning coalition must include the following
14525  member positions; however, in a multicounty coalition, each ex
14526  officio member position may be filled by multiple nonvoting
14527  members but no more than one voting member shall be seated per
14528  member position. If an early learning coalition has more than
14529  one member representing the same entity, only one of such
14530  members may serve as a voting member:
14531         a. A Department of Children and Family Services circuit
14532  administrator or his or her designee who is authorized to make
14533  decisions on behalf of the department.
14534         b. A district superintendent of schools or his or her
14535  designee who is authorized to make decisions on behalf of the
14536  district.
14537         c. A regional workforce board executive director or his or
14538  her designee.
14539         d. A county health department director or his or her
14540  designee.
14541         e. A children’s services council or juvenile welfare board
14542  chair or executive director, if applicable.
14543         f. An agency head of a local licensing agency as defined in
14544  s. 402.302, where applicable.
14545         g. A president of a community college or his or her
14546  designee.
14547         h. One member appointed by a board of county commissioners
14548  or the governing board of a municipality.
14549         i. A central agency administrator, where applicable.
14550         j. A Head Start director.
14551         k. A representative of private for-profit child care
14552  providers, including private for-profit family day care homes.
14553         l. A representative of faith-based child care providers.
14554         m. A representative of programs for children with
14555  disabilities under the federal Individuals with Disabilities
14556  Education Act.
14557         7. Including the members appointed by the Governor under
14558  subparagraph 5., more than one-third of the members of each
14559  early learning coalition must be private sector business members
14560  who do not have, and none of whose relatives as defined in s.
14561  112.3143 has, a substantial financial interest in the design or
14562  delivery of the Voluntary Prekindergarten Education Program
14563  created under part V of chapter 1002 or the coalition’s school
14564  readiness program. To meet this requirement an early learning
14565  coalition must appoint additional members. The Department of
14566  Education Agency for Workforce Innovation shall establish
14567  criteria for appointing private sector business members. These
14568  criteria must include standards for determining whether a member
14569  or relative has a substantial financial interest in the design
14570  or delivery of the Voluntary Prekindergarten Education Program
14571  or the coalition’s school readiness program.
14572         8. A majority of the voting membership of an early learning
14573  coalition constitutes a quorum required to conduct the business
14574  of the coalition. An early learning coalition board may use any
14575  method of telecommunications to conduct meetings, including
14576  establishing a quorum through telecommunications, provided that
14577  the public is given proper notice of a telecommunications
14578  meeting and reasonable access to observe and, when appropriate,
14579  participate.
14580         9. A voting member of an early learning coalition may not
14581  appoint a designee to act in his or her place, except as
14582  otherwise provided in this paragraph. A voting member may send a
14583  representative to coalition meetings, but that representative
14584  does not have voting privileges. When a district administrator
14585  for the Department of Children and Family Services appoints a
14586  designee to an early learning coalition, the designee is the
14587  voting member of the coalition, and any individual attending in
14588  the designee’s place, including the district administrator, does
14589  not have voting privileges.
14590         10. Each member of an early learning coalition is subject
14591  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
14592  112.3143(3)(a), each voting member is a local public officer who
14593  must abstain from voting when a voting conflict exists.
14594         11. For purposes of tort liability, each member or employee
14595  of an early learning coalition shall be governed by s. 768.28.
14596         12. An early learning coalition serving a multicounty
14597  region must include representation from each county.
14598         13. Each early learning coalition shall establish terms for
14599  all appointed members of the coalition. The terms must be
14600  staggered and must be a uniform length that does not exceed 4
14601  years per term. Coalition chairs shall be appointed for 4 years
14602  in conjunction with their membership on the Early Learning
14603  Advisory Council under s. 20.052. Appointed members may serve a
14604  maximum of two consecutive terms. When a vacancy occurs in an
14605  appointed position, the coalition must advertise the vacancy.
14606         (c) Program expectations.—
14607         1. The school readiness program must meet the following
14608  expectations:
14609         a. The program must, at a minimum, enhance the age
14610  appropriate progress of each child in attaining the performance
14611  standards and outcome measures adopted by the Agency for
14612  Workforce Innovation.
14613         b. The program must provide extended-day and extended-year
14614  services to the maximum extent possible without compromising the
14615  quality of the program to meet the needs of parents who work.
14616         c. The program must provide a coordinated professional
14617  development system that supports the achievement and maintenance
14618  of core competencies by school readiness instructors in helping
14619  children attain the performance standards and outcome measures
14620  adopted by the Department of Education Agency for Workforce
14621  Innovation.
14622         d. There must be expanded access to community services and
14623  resources for families to help achieve economic self
14624  sufficiency.
14625         e. There must be a single point of entry and unified
14626  waiting list. As used in this sub-subparagraph, the term “single
14627  point of entry” means an integrated information system that
14628  allows a parent to enroll his or her child in the school
14629  readiness program at various locations throughout a county, that
14630  may allow a parent to enroll his or her child by telephone or
14631  through an Internet website, and that uses a unified waiting
14632  list to track eligible children waiting for enrollment in the
14633  school readiness program. The Department of Education Agency for
14634  Workforce Innovation shall establish through technology a single
14635  statewide information system that each coalition must use for
14636  the purposes of managing the single point of entry, tracking
14637  children’s progress, coordinating services among stakeholders,
14638  determining eligibility, tracking child attendance, and
14639  streamlining administrative processes for providers and early
14640  learning coalitions.
14641         f. The Department of Education Agency for Workforce
14642  Innovation must consider the access of eligible children to the
14643  school readiness program, as demonstrated in part by waiting
14644  lists, before approving a proposed increase in payment rates
14645  submitted by an early learning coalition. In addition, early
14646  learning coalitions shall use school readiness funds made
14647  available due to enrollment shifts from school readiness
14648  programs to the Voluntary Prekindergarten Education Program for
14649  increasing the number of children served in school readiness
14650  programs before increasing payment rates.
14651         g. The program must meet all state licensing guidelines,
14652  where applicable.
14653         h. The program must ensure that minimum standards for child
14654  discipline practices are age-appropriate. Such standards must
14655  provide that children not be subjected to discipline that is
14656  severe, humiliating, or frightening or discipline that is
14657  associated with food, rest, or toileting. Spanking or any other
14658  form of physical punishment is prohibited.
14659         2. Each early learning coalition must implement a
14660  comprehensive program of school readiness services in accordance
14661  with the rules adopted by the department agency which enhance
14662  the cognitive, social, and physical development of children to
14663  achieve the performance standards and outcome measures. At a
14664  minimum, these programs must contain the following system
14665  support service elements:
14666         a. Developmentally appropriate curriculum designed to
14667  enhance the age-appropriate progress of children in attaining
14668  the performance standards adopted by the Department of Education
14669  Agency for Workforce Innovation under subparagraph (4)(d)8.
14670         b. A character development program to develop basic values.
14671         c. An age-appropriate screening of each child’s
14672  development.
14673         d. An age-appropriate assessment administered to children
14674  when they enter a program and an age-appropriate assessment
14675  administered to children when they leave the program.
14676         e. An appropriate staff-to-children ratio, pursuant to s.
14677  402.305(4) or s. 402.302(7) or (8), as applicable, and as
14678  verified pursuant to s. 402.311.
14679         f. A healthy and safe environment pursuant to s.
14680  401.305(5), (6), and (7), as applicable, and as verified
14681  pursuant to s. 402.311.
14682         g. A resource and referral network established under s.
14683  411.0101 to assist parents in making an informed choice and a
14684  regional Warm-Line under s. 411.01015.
14685  
14686  The Agency for Workforce Innovation, the Department of
14687  Education, and early learning coalitions shall coordinate with
14688  the Child Care Services Program Office of the Department of
14689  Children and Family Services to minimize duplicating interagency
14690  activities pertaining to acquiring and composing data for child
14691  care training and credentialing.
14692         (d) Implementation.—
14693         1. An early learning coalition may not implement the school
14694  readiness program until the coalition’s school readiness plan is
14695  approved by the Department of Education Agency for Workforce
14696  Innovation.
14697         2. Each early learning coalition shall coordinate with one
14698  another to implement a comprehensive program of school readiness
14699  services which enhances the cognitive, social, physical, and
14700  moral character of the children to achieve the performance
14701  standards and outcome measures and which helps families achieve
14702  economic self-sufficiency. Such program must contain, at a
14703  minimum, the following elements:
14704         a. Implement the school readiness program to meet the
14705  requirements of this section and the system support services,
14706  performance standards, and outcome measures adopted by the
14707  Department of Education Agency for Workforce Innovation.
14708         b.  Demonstrate how the program will ensure that each child
14709  from birth through 5 years of age in a publicly funded school
14710  readiness program receives scheduled activities and instruction
14711  designed to enhance the age-appropriate progress of the children
14712  in attaining the performance standards adopted by the department
14713  agency under subparagraph (4)(d)8.
14714         c. Ensure that the coalition has solicited and considered
14715  comments regarding the proposed school readiness plan from the
14716  local community.
14717  
14718  Before implementing the school readiness program, the early
14719  learning coalition must submit the plan to the department agency
14720  for approval. The department agency may approve the plan, reject
14721  the plan, or approve the plan with conditions. The department
14722  agency shall review school readiness plans at least every 2
14723  years.
14724         3. If the Department of Education Agency for Workforce
14725  Innovation determines during the review of school readiness
14726  plans, or through monitoring and performance evaluations
14727  conducted under paragraph (4)(l), that an early learning
14728  coalition has not substantially implemented its plan, has not
14729  substantially met the performance standards and outcome measures
14730  adopted by the department agency, or has not effectively
14731  administered the school readiness program or Voluntary
14732  Prekindergarten Education Program, the department agency may
14733  dissolve the coalition and temporarily contract with a qualified
14734  entity to continue school readiness and prekindergarten services
14735  in the coalition’s county or multicounty region until the
14736  department agency reestablishes the coalition and a new school
14737  readiness plan is approved in accordance with the rules adopted
14738  by the department agency.
14739         4. The Department of Education Agency for Workforce
14740  Innovation shall adopt rules establishing criteria for the
14741  approval of school readiness plans. The criteria must be
14742  consistent with the system support services, performance
14743  standards, and outcome measures adopted by the department agency
14744  and must require each approved plan to include the following
14745  minimum standards for the school readiness program:
14746         a. A community plan that addresses the needs of all
14747  children and providers within the coalition’s county or
14748  multicounty region.
14749         b. A sliding fee scale establishing a copayment for parents
14750  based upon their ability to pay, which is the same for all
14751  program providers.
14752         c. A choice of settings and locations in licensed,
14753  registered, religious-exempt, or school-based programs to be
14754  provided to parents.
14755         d. Specific eligibility priorities for children in
14756  accordance with subsection (6).
14757         e. Performance standards and outcome measures adopted by
14758  the department agency.
14759         f. Payment rates adopted by the early learning coalitions
14760  and approved by the department agency. Payment rates may not
14761  have the effect of limiting parental choice or creating
14762  standards or levels of services that have not been expressly
14763  established by the Legislature, unless the creation of such
14764  standards or levels of service, which must be uniform throughout
14765  the state, has been approved by the Federal Government and
14766  result in the state being eligible to receive additional federal
14767  funds available for early learning on a statewide basis.
14768         g. Direct enhancement services for families and children.
14769  System support and direct enhancement services shall be in
14770  addition to payments for the placement of children in school
14771  readiness programs. Direct enhancement services for families may
14772  include parent training and involvement activities and
14773  strategies to meet the needs of unique populations and local
14774  eligibility priorities. Enhancement services for children may
14775  include provider supports and professional development approved
14776  in the plan by the Department of Education Agency for Workforce
14777  Innovation.
14778         h. The business organization of the early learning
14779  coalition, which must include the coalition’s articles of
14780  incorporation and bylaws if the coalition is organized as a
14781  corporation. If the coalition is not organized as a corporation
14782  or other business entity, the plan must include the contract
14783  with a fiscal agent. An early learning coalition may contract
14784  with other coalitions to achieve efficiency in multicounty
14785  services, and these contracts may be part of the coalition’s
14786  school readiness plan.
14787         i. The implementation of locally developed quality programs
14788  in accordance with the requirements adopted by the department
14789  agency under subparagraph (4)(d)5.
14790  
14791  The Department of Education Agency for Workforce Innovation may
14792  request the Governor to apply for a waiver to allow the
14793  coalition to administer the Head Start Program to accomplish the
14794  purposes of the school readiness program.
14795         5. Persons with an early childhood teaching certificate may
14796  provide support and supervision to other staff in the school
14797  readiness program.
14798         6. An early learning coalition may not implement its school
14799  readiness plan until it submits the plan to and receives
14800  approval from the Department of Education Agency for Workforce
14801  Innovation. Once the plan is approved, the plan and the services
14802  provided under the plan shall be controlled by the early
14803  learning coalition. The plan shall be reviewed and revised as
14804  necessary, but at least biennially. An early learning coalition
14805  may not implement the revisions until the coalition submits the
14806  revised plan to and receives approval from the department
14807  agency. If the department agency rejects a revised plan, the
14808  coalition must continue to operate under its prior approved
14809  plan.
14810         7. Section 125.901(2)(a)3. does not apply to school
14811  readiness programs. The Department of Education Agency for
14812  Workforce Innovation may apply to the Governor and Cabinet for a
14813  waiver of, and the Governor and Cabinet may waive, any of the
14814  provisions of ss. 411.223 and 1003.54, if the waiver is
14815  necessary for implementation of school readiness programs.
14816         8. Two or more early learning coalitions may join for
14817  purposes of planning and implementing a school readiness
14818  program.
14819         (e) Requests for proposals; payment schedule.—
14820         1. Each early learning coalition must comply with the
14821  procurement and expenditure procedures adopted by the Department
14822  of Education Agency for Workforce Innovation, including, but not
14823  limited to, applying the procurement and expenditure procedures
14824  required by federal law for the expenditure of federal funds.
14825         2. Each early learning coalition shall adopt a payment
14826  schedule that encompasses all programs funded under this
14827  section. The payment schedule must take into consideration the
14828  prevailing market rate, must include the projected number of
14829  children to be served, and must be submitted for approval by the
14830  Department of Education Agency for Workforce Innovation.
14831  Informal child care arrangements shall be reimbursed at not more
14832  than 50 percent of the rate adopted for a family day care home.
14833         (f) Evaluation and annual report.—Each early learning
14834  coalition shall conduct an evaluation of its implementation of
14835  the school readiness program, including system support services,
14836  performance standards, and outcome measures, and shall provide
14837  an annual report and fiscal statement to the Department of
14838  Education Agency for Workforce Innovation. This report must also
14839  include an evaluation of the effectiveness of its direct
14840  enhancement services and conform to the content and format
14841  specifications adopted by the Department of Education Agency for
14842  Workforce Innovation. The Department of Education Agency for
14843  Workforce Innovation must include an analysis of the early
14844  learning coalitions’ reports in the department’s agency’s annual
14845  report.
14846         (7) PARENTAL CHOICE.—
14847         (e) The office of the Chief Financial Officer shall
14848  establish an electronic transfer system for the disbursement of
14849  funds in accordance with this subsection. Each early learning
14850  coalition shall fully implement the electronic funds transfer
14851  system within 2 years after approval of the coalition’s school
14852  readiness plan, unless a waiver is obtained from the Department
14853  of Education Agency for Workforce Innovation.
14854         (8) STANDARDS; OUTCOME MEASURES.—A program provider
14855  participating in the school readiness program must meet the
14856  performance standards and outcome measures adopted by the
14857  Department of Education Agency for Workforce Innovation.
14858         (9) FUNDING; SCHOOL READINESS PROGRAM.—
14859         (b)1. The Department of Education Agency for Workforce
14860  Innovation shall administer school readiness funds, plans, and
14861  policies and shall prepare and submit a unified budget request
14862  for the school readiness system in accordance with chapter 216.
14863         2. All instructions to early learning coalitions for
14864  administering this section shall emanate from the Department of
14865  Education Agency for Workforce Innovation in accordance with the
14866  policies of the Legislature.
14867         (c) The Department of Education Agency for Workforce
14868  Innovation, subject to legislative notice and review under s.
14869  216.177, shall establish a formula for the allocation of all
14870  state and federal school readiness funds provided for children
14871  participating in the school readiness program, whether served by
14872  a public or private provider, based upon equity for each county.
14873  The allocation formula must be submitted to the Governor, the
14874  chair of the Senate Ways and Means Committee or its successor,
14875  and the chair of the House of Representatives Fiscal Council or
14876  its successor no later than January 1 of each year. If the
14877  Legislature specifies changes to the allocation formula, the
14878  Department of Education Agency for Workforce Innovation shall
14879  allocate funds as specified in the General Appropriations Act.
14880         (d) All state, federal, and required local maintenance-of
14881  effort or matching funds provided to an early learning coalition
14882  for purposes of this section shall be used for implementation of
14883  its approved school readiness plan, including the hiring of
14884  staff to effectively operate the coalition’s school readiness
14885  program. As part of plan approval and periodic plan review, the
14886  Department of Education Agency for Workforce Innovation shall
14887  require that administrative costs be kept to the minimum
14888  necessary for efficient and effective administration of the
14889  school readiness plan, but total administrative expenditures
14890  must not exceed 5 percent unless specifically waived by the
14891  Department of Education Agency for Workforce Innovation. The
14892  Department of Education Agency for Workforce Innovation shall
14893  annually report to the Legislature any problems relating to
14894  administrative costs.
14895         (e) The Department of Education Agency for Workforce
14896  Innovation shall annually distribute, to a maximum extent
14897  practicable, all eligible funds provided under this section as
14898  block grants to the early learning coalitions in accordance with
14899  the terms and conditions specified by the department agency.
14900         Section 247. Subsections (1) and (2), paragraph (a) of
14901  subsection (3), and subsection (4) of section 411.0101, Florida
14902  Statutes, are amended to read:
14903         411.0101 Child care and early childhood resource and
14904  referral.—
14905         (1) As a part of the school readiness programs, the
14906  Department of Education Agency for Workforce Innovation shall
14907  establish a statewide child care resource and referral network
14908  that is unbiased and provides referrals to families for child
14909  care. Preference shall be given to using the already established
14910  early learning coalitions as the child care resource and
14911  referral agencies. If an early learning coalition cannot comply
14912  with the requirements to offer the resource information
14913  component or does not want to offer that service, the early
14914  learning coalition shall select the resource and referral agency
14915  for its county or multicounty region based upon a request for
14916  proposal pursuant to s. 411.01(5)(e)1.
14917         (2) At least one child care resource and referral agency
14918  must be established in each early learning coalition’s county or
14919  multicounty region. The Department of Education Agency for
14920  Workforce Innovation shall adopt rules regarding accessibility
14921  of child care resource and referral services offered through
14922  child care resource and referral agencies in each county or
14923  multicounty region which include, at a minimum, required hours
14924  of operation, methods by which parents may request services, and
14925  child care resource and referral staff training requirements.
14926         (3) Child care resource and referral agencies shall provide
14927  the following services:
14928         (a) Identification of existing public and private child
14929  care and early childhood education services, including child
14930  care services by public and private employers, and the
14931  development of a resource file of those services through the
14932  single statewide information system developed by the Department
14933  of Education Agency for Workforce Innovation under s.
14934  411.01(5)(c)1.e. These services may include family day care,
14935  public and private child care programs, the Voluntary
14936  Prekindergarten Education Program, Head Start, the school
14937  readiness program, special education programs for
14938  prekindergarten children with disabilities, services for
14939  children with developmental disabilities, full-time and part
14940  time programs, before-school and after-school programs, vacation
14941  care programs, parent education, the Temporary Cash Assistance
14942  Program, and related family support services. The resource file
14943  shall include, but not be limited to:
14944         1. Type of program.
14945         2. Hours of service.
14946         3. Ages of children served.
14947         4. Number of children served.
14948         5. Significant program information.
14949         6. Fees and eligibility for services.
14950         7. Availability of transportation.
14951         (4) The Department of Education Agency for Workforce
14952  Innovation shall adopt any rules necessary for the
14953  implementation and administration of this section.
14954         Section 248. Subsections (2), (6), and (7) of section
14955  411.01013, Florida Statutes, are amended to read:
14956         411.01013 Prevailing market rate schedule.—
14957         (2) The Department of Education Agency for Workforce
14958  Innovation shall establish procedures for the adoption of a
14959  prevailing market rate schedule. The schedule must include, at a
14960  minimum, county-by-county rates:
14961         (a) At the prevailing market rate, plus the maximum rate,
14962  for child care providers that hold a Gold Seal Quality Care
14963  designation under s. 402.281.
14964         (b) At the prevailing market rate for child care providers
14965  that do not hold a Gold Seal Quality Care designation.
14966         (6) The Department of Education Agency for Workforce
14967  Innovation may contract with one or more qualified entities to
14968  administer this section and provide support and technical
14969  assistance for child care providers.
14970         (7) The Department of Education Agency for Workforce
14971  Innovation may adopt rules pursuant to ss. 120.536(1) and 120.54
14972  for establishing procedures for the collection of child care
14973  providers’ market rate, the calculation of a reasonable
14974  frequency distribution of the market rate, and the publication
14975  of a prevailing market rate schedule.
14976         Section 249. Subsection (1) of section 411.01014, Florida
14977  Statutes, is amended to read:
14978         411.01014 School readiness transportation services.—
14979         (1) The Department of Education Agency for Workforce
14980  Innovation, pursuant to chapter 427, may authorize an early
14981  learning coalition to establish school readiness transportation
14982  services for children at risk of abuse or neglect participating
14983  in the school readiness program. The early learning coalitions
14984  may contract for the provision of transportation services as
14985  required by this section.
14986         Section 250. Subsections (1), (3), and (4) of section
14987  411.01015, Florida Statutes, are amended to read:
14988         411.01015 Consultation to child care centers and family day
14989  care homes regarding health, developmental, disability, and
14990  special needs issues.—
14991         (1) Contingent upon specific appropriations, the Department
14992  of Education Agency for Workforce Innovation shall administer a
14993  statewide toll-free Warm-Line for the purpose of providing
14994  assistance and consultation to child care centers and family day
14995  care homes regarding health, developmental, disability, and
14996  special needs issues of the children they are serving,
14997  particularly children with disabilities and other special needs.
14998         (3) The Department of Education Agency for Workforce
14999  Innovation shall annually inform child care centers and family
15000  day care homes of the availability of this service through the
15001  child care resource and referral network under s. 411.0101.
15002         (4) Contingent upon specific appropriations, the Department
15003  of Education Agency for Workforce Innovation shall expand, or
15004  contract for the expansion of, the Warm-Line to maintain at
15005  least one Warm-Line site in each early learning coalition
15006  service area.
15007         Section 251. Subsections (2) and (3) of section 411.0103,
15008  Florida Statutes, are amended to read:
15009         411.0103 Teacher Education and Compensation Helps (TEACH)
15010  scholarship program.—
15011         (2) The Department of Education Agency for Workforce
15012  Innovation may contract for the administration of the Teacher
15013  Education and Compensation Helps (TEACH) scholarship program,
15014  which provides educational scholarships to caregivers and
15015  administrators of early childhood programs, family day care
15016  homes, and large family child care homes.
15017         (3) The department agency shall adopt rules under ss.
15018  120.536(1) and 120.54 as necessary to administer this section.
15019         Section 252. Subsections (1) and (3) of section 411.0104,
15020  Florida Statutes, are amended to read:
15021         411.0104 Early Head Start collaboration grants.—
15022         (1) Contingent upon specific appropriations, the Department
15023  of Education Agency for Workforce Innovation shall establish a
15024  program to award collaboration grants to assist local agencies
15025  in securing Early Head Start programs through Early Head Start
15026  program federal grants. The collaboration grants shall provide
15027  the required matching funds for public and private nonprofit
15028  agencies that have been approved for Early Head Start program
15029  federal grants.
15030         (3) The Department of Education Agency for Workforce
15031  Innovation may adopt rules under ss. 120.536(1) and 120.54 as
15032  necessary for the award of collaboration grants to competing
15033  agencies and the administration of the collaboration grants
15034  program under this section.
15035         Section 253. Section 411.0106, Florida Statutes, is amended
15036  to read:
15037         411.0106 Infants and toddlers in state-funded education and
15038  care programs; brain development activities.—Each state-funded
15039  education and care program for children from birth to 5 years of
15040  age must provide activities to foster brain development in
15041  infants and toddlers. A program must provide an environment that
15042  helps children attain the performance standards adopted by the
15043  Department of Education Agency for Workforce Innovation under s.
15044  411.01(4)(d)8. and must be rich in language and music and filled
15045  with objects of various colors, shapes, textures, and sizes to
15046  stimulate visual, tactile, auditory, and linguistic senses in
15047  the children and must include classical music and at least 30
15048  minutes of reading to the children each day. A program may be
15049  offered through an existing early childhood program such as
15050  Healthy Start, the Title I program, the school readiness
15051  program, the Head Start program, or a private child care
15052  program. A program must provide training for the infants’ and
15053  toddlers’ parents including direct dialogue and interaction
15054  between teachers and parents demonstrating the urgency of brain
15055  development in the first year of a child’s life. Family day care
15056  centers are encouraged, but not required, to comply with this
15057  section.
15058         Section 254. Subsection (1) and paragraph (g) of subsection
15059  (3) of section 411.011, Florida Statutes, are amended to read:
15060         411.011 Records of children in school readiness programs.—
15061         (1) The individual records of children enrolled in school
15062  readiness programs provided under s. 411.01, held by an early
15063  learning coalition or the Department of Education Agency for
15064  Workforce Innovation, are confidential and exempt from s.
15065  119.07(1) and s. 24(a), Art. I of the State Constitution. For
15066  purposes of this section, records include assessment data,
15067  health data, records of teacher observations, and personal
15068  identifying information.
15069         (3) School readiness records may be released to:
15070         (g) Parties to an interagency agreement among early
15071  learning coalitions, local governmental agencies, providers of
15072  school readiness programs, state agencies, and the Department of
15073  Education Agency for Workforce Innovation for the purpose of
15074  implementing the school readiness program.
15075  
15076  Agencies, organizations, or individuals that receive school
15077  readiness records in order to carry out their official functions
15078  must protect the data in a manner that does not permit the
15079  personal identification of a child enrolled in a school
15080  readiness program and his or her parents by persons other than
15081  those authorized to receive the records.
15082         Section 255. Paragraph (e) of subsection (2) of section
15083  411.226, Florida Statutes, is amended to read:
15084         411.226 Learning Gateway.—
15085         (2) LEARNING GATEWAY STEERING COMMITTEE.—
15086         (e) To support and facilitate system improvements, the
15087  steering committee must consult with representatives from the
15088  Department of Education, the Department of Health, the Agency
15089  for Workforce Innovation, the Department of Children and Family
15090  Services, the Agency for Health Care Administration, the
15091  Department of Juvenile Justice, and the Department of
15092  Corrections and with the director of the Learning Development
15093  and Evaluation Center of Florida Agricultural and Mechanical
15094  University.
15095         Section 256. Paragraph (d) of subsection (1), paragraph (a)
15096  of subsection (2), and paragraph (c) of subsection (3) of
15097  section 411.227, Florida Statutes, are amended to read:
15098         411.227 Components of the Learning Gateway.—The Learning
15099  Gateway system consists of the following components:
15100         (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED
15101  ACCESS.—
15102         (d) In collaboration with other local resources, the
15103  demonstration projects shall develop public awareness strategies
15104  to disseminate information about developmental milestones,
15105  precursors of learning problems and other developmental delays,
15106  and the service system that is available. The information should
15107  target parents of children from birth through age 9 and should
15108  be distributed to parents, health care providers, and caregivers
15109  of children from birth through age 9. A variety of media should
15110  be used as appropriate, such as print, television, radio, and a
15111  community-based Internet website, as well as opportunities such
15112  as those presented by parent visits to physicians for well-child
15113  checkups. The Learning Gateway Steering Committee shall provide
15114  technical assistance to the local demonstration projects in
15115  developing and distributing educational materials and
15116  information.
15117         1. Public awareness strategies targeting parents of
15118  children from birth through age 5 shall be designed to provide
15119  information to public and private preschool programs, child care
15120  providers, pediatricians, parents, and local businesses and
15121  organizations. These strategies should include information on
15122  the school readiness performance standards adopted by the
15123  Department of Education Agency for Workforce Innovation.
15124         2. Public awareness strategies targeting parents of
15125  children from ages 6 through 9 must be designed to disseminate
15126  training materials and brochures to parents and public and
15127  private school personnel, and must be coordinated with the local
15128  school board and the appropriate school advisory committees in
15129  the demonstration projects. The materials should contain
15130  information on state and district proficiency levels for grades
15131  K-3.
15132         (2) SCREENING AND DEVELOPMENTAL MONITORING.—
15133         (a) In coordination with the Agency for Workforce
15134  Innovation, the Department of Education, and the Florida
15135  Pediatric Society, and using information learned from the local
15136  demonstration projects, the Learning Gateway Steering Committee
15137  shall establish guidelines for screening children from birth
15138  through age 9. The guidelines should incorporate recent research
15139  on the indicators most likely to predict early learning
15140  problems, mild developmental delays, child-specific precursors
15141  of school failure, and other related developmental indicators in
15142  the domains of cognition; communication; attention; perception;
15143  behavior; and social, emotional, sensory, and motor functioning.
15144         (3) EARLY EDUCATION, SERVICES AND SUPPORTS.—
15145         (c) The steering committee, in cooperation with the
15146  Department of Children and Family Services and, the Department
15147  of Education, and the Agency for Workforce Innovation, shall
15148  identify the elements of an effective research-based curriculum
15149  for early care and education programs.
15150         Section 257. Section 414.24, Florida Statutes, is amended
15151  to read:
15152         414.24 Integrated welfare reform and child welfare
15153  services.—The department shall develop integrated service
15154  delivery strategies to better meet the needs of families subject
15155  to work activity requirements who are involved in the child
15156  welfare system or are at high risk of involvement in the child
15157  welfare system. To the extent that resources are available, the
15158  department and Jobs Florida the Department of Labor and
15159  Employment Security shall provide funds to one or more service
15160  districts to promote development of integrated, nonduplicative
15161  case management within the department, Jobs Florida the
15162  Department of Labor and Employment Security, other participating
15163  government agencies, and community partners. Alternative
15164  delivery systems shall be encouraged which include well-defined,
15165  pertinent outcome measures. Other factors to be considered shall
15166  include innovation regarding training, enhancement of existing
15167  resources, and increased private sector and business sector
15168  participation.
15169         Section 258. Section 414.40, Florida Statutes, is amended
15170  to read:
15171         414.40 Stop Inmate Fraud Program established; guidelines.—
15172         (1) There is created within the Department of Financial
15173  Services Department of Law Enforcement a Stop Inmate Fraud
15174  Program.
15175         (2) The Department of Financial Services Department of Law
15176  Enforcement is directed to implement the Stop Inmate Fraud
15177  Program in accordance with the following guidelines:
15178         (a) The program shall establish procedures for sharing
15179  public records not exempt from the public records law among
15180  social services agencies regarding the identities of persons
15181  incarcerated in state correctional institutions, as defined in
15182  s. 944.02, or in county, municipal, or regional jails or other
15183  detention facilities of local governments under chapter 950 or
15184  chapter 951 who are wrongfully receiving public assistance
15185  benefits or entitlement benefits.
15186         (b) Pursuant to these procedures, the program shall have
15187  access to records containing correctional information not exempt
15188  from the public records law on incarcerated persons which have
15189  been generated as criminal justice information. As used in this
15190  paragraph, the term “record” is defined as provided in s.
15191  943.045(7), and the term “criminal justice information” is
15192  defined as provided in s. 943.045(3).
15193         (c) Database searches shall be conducted of the inmate
15194  population at each correctional institution or other detention
15195  facility. A correctional institution or a detention facility
15196  shall provide the Stop Inmate Fraud Program with the information
15197  necessary to identify persons wrongfully receiving benefits in
15198  the medium requested by the Stop Inmate Fraud Program if the
15199  correctional institution or detention facility maintains the
15200  information in that medium.
15201         (d) Data obtained from correctional institutions or other
15202  detention facilities shall be compared with the client files of
15203  the Department of Children and Family Services, the Agency for
15204  Workforce Innovation Department of Labor and Employment
15205  Security, and other state or local agencies as needed to
15206  identify persons wrongfully obtaining benefits. Data comparisons
15207  shall be accomplished during periods of low information demand
15208  by agency personnel to minimize inconvenience to the agency.
15209         (e) Results of data comparisons shall be furnished to the
15210  appropriate office for use in the county in which the data
15211  originated. The program may provide reports of the data it
15212  obtains to appropriate state, federal, and local government
15213  agencies or governmental entities, including, but not limited
15214  to:
15215         1. The Child Support Enforcement Program of the Department
15216  of Revenue, so that the data may be used as locator information
15217  on persons being sought for purposes of child support.
15218         2. The Social Security Administration, so that the data may
15219  be used to reduce federal entitlement fraud within the state.
15220         (f) Reports by the program to another agency or entity
15221  shall be generated bimonthly, or as otherwise directed, and
15222  shall be designed to accommodate that agency’s or entity’s
15223  particular needs for data.
15224         (g) Only those persons with active cases, or with cases
15225  that were active during the incarceration period, shall be
15226  reported, in order that the funding agency or entity, upon
15227  verification of the data, may take whatever action is deemed
15228  appropriate.
15229         (h) For purposes of program review and analysis, each
15230  agency or entity receiving data from the program shall submit
15231  reports to the program which indicate the results of how the
15232  data was used.
15233         Section 259. Subsection (1) of section 414.295, Florida
15234  Statutes, is amended to read:
15235         414.295 Temporary cash assistance programs; public records
15236  exemption.—
15237         (1) Personal identifying information of a temporary cash
15238  assistance program participant, a participant’s family, or a
15239  participant’s family or household member, except for information
15240  identifying a parent who does not live in the same home as the
15241  child, held by the department, Jobs Florida the Agency for
15242  Workforce Innovation, Workforce Florida, Inc., the Department of
15243  Health, the Department of Revenue, the Department of Education,
15244  or a regional workforce board or local committee created
15245  pursuant to s. 445.007 is confidential and exempt from s.
15246  119.07(1) and s. 24(a), Art. I of the State Constitution. Such
15247  confidential and exempt information may be released for purposes
15248  directly connected with:
15249         (a) The administration of the temporary assistance for
15250  needy families plan under Title IV-A of the Social Security Act,
15251  as amended, by the department, Jobs Florida the Agency for
15252  Workforce Innovation, Workforce Florida, Inc., the Department of
15253  Military Affairs, the Department of Health, the Department of
15254  Revenue, the Department of Education, a regional workforce board
15255  or local committee created pursuant to s. 445.007, or a school
15256  district.
15257         (b) The administration of the state’s plan or program
15258  approved under Title IV-B, Title IV-D, or Title IV-E of the
15259  Social Security Act, as amended, or under Title I, Title X,
15260  Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
15261  Social Security Act, as amended.
15262         (c) Any investigation, prosecution, or any criminal, civil,
15263  or administrative proceeding conducted in connection with the
15264  administration of any of the plans or programs specified in
15265  paragraph (a) or paragraph (b) by a federal, state, or local
15266  governmental entity, upon request by that entity, when such
15267  request is made pursuant to the proper exercise of that entity’s
15268  duties and responsibilities.
15269         (d) The administration of any other state, federal, or
15270  federally assisted program that provides assistance or services
15271  on the basis of need, in cash or in kind, directly to a
15272  participant.
15273         (e) Any audit or similar activity, such as a review of
15274  expenditure reports or financial review, conducted in connection
15275  with the administration of any of the plans or programs
15276  specified in paragraph (a) or paragraph (b) by a governmental
15277  entity authorized by law to conduct such audit or activity.
15278         (f) The administration of the unemployment compensation
15279  program.
15280         (g) The reporting to the appropriate agency or official of
15281  information about known or suspected instances of physical or
15282  mental injury, sexual abuse or exploitation, or negligent
15283  treatment or maltreatment of a child or elderly person receiving
15284  assistance, if circumstances indicate that the health or welfare
15285  of the child or elderly person is threatened.
15286         (h) The administration of services to elderly persons under
15287  ss. 430.601-430.606.
15288         Section 260. Subsections (1) and (3) of section 414.411,
15289  Florida Statutes, are amended to read:
15290         414.411 Public assistance fraud.—
15291         (1) The Department of Financial Services shall investigate
15292  all public assistance provided to residents of the state or
15293  provided to others by the state. In the course of such
15294  investigation the department shall examine all records,
15295  including electronic benefits transfer records and make inquiry
15296  of all persons who may have knowledge as to any irregularity
15297  incidental to the disbursement of public moneys, food
15298  assistance, or other items or benefits authorizations to
15299  recipients. All public assistance recipients, as a condition
15300  precedent to qualification for public assistance under chapter
15301  409, chapter 411, or this chapter, must first give in writing,
15302  to the Agency for Health Care Administration, the Department of
15303  Health, Jobs Florida the Agency for Workforce Innovation, and
15304  the Department of Children and Family Services, as appropriate,
15305  and to the Department of Financial Services, consent to make
15306  inquiry of past or present employers and records, financial or
15307  otherwise.
15308         (3) The results of such investigation shall be reported by
15309  the Department of Financial Services to the appropriate
15310  legislative committees, the Agency for Health Care
15311  Administration, the Department of Health, Jobs Florida the
15312  Agency for Workforce Innovation, and the Department of Children
15313  and Family Services, and to such others as the department may
15314  determine.
15315         Section 261. Subsections (2) through (9) of section
15316  420.631, Florida Statutes, are amended to read:
15317         420.631 Definitions relating to Urban Homesteading Act.—As
15318  used in ss. 420.630-420.635:
15319         (2) “Department” means the Department of Community Affairs.
15320         (2)(3) “Homestead agreement” means a written contract
15321  between a local government or its designee and a qualified buyer
15322  which contains the terms under which the qualified buyer may
15323  acquire a single-family housing property.
15324         (3)(4) “Local government” means any county or incorporated
15325  municipality within this state.
15326         (4)(5) “Designee” means a housing authority appointed by a
15327  local government, or a nonprofit community organization
15328  appointed by a local government, to administer the urban
15329  homesteading program for single-family housing under ss.
15330  420.630-420.635.
15331         (5)(6) “Nonprofit community organization” means an
15332  organization that is exempt from taxation under s. 501(c)(3) of
15333  the Internal Revenue Code.
15334         (6)(7) “Office” means the Office of Urban Opportunity
15335  within Jobs Florida the Department of Community Affairs.
15336         (7)(8) “Qualified buyer” means a person who meets the
15337  criteria under s. 420.633.
15338         (8)(9) “Qualified loan rate” means an interest rate that
15339  does not exceed the interest rate charged for home improvement
15340  loans by the Federal Housing Administration under Title I of the
15341  National Housing Act, ch. 847, 48 Stat. 1246, or 12 U.S.C. ss.
15342  1702, 1703, 1705, and 1706b et seq.
15343         Section 262. Section 420.635, Florida Statutes, is amended
15344  to read:
15345         420.635 Loans to qualified buyers.—Contingent upon an
15346  appropriation, Jobs Florida the department, in consultation with
15347  the Office of Urban Opportunity, shall provide loans to
15348  qualified buyers who are required to pay the pro rata portion of
15349  the bonded debt on single-family housing pursuant to s. 420.634.
15350  Loans provided under this section shall be made at a rate of
15351  interest which does not exceed the qualified loan rate. A buyer
15352  must maintain the qualifications specified in s. 420.633 for the
15353  full term of the loan. The loan agreement may contain additional
15354  terms and conditions as determined by Jobs Florida the
15355  department.
15356         Section 263. Paragraph (b) of subsection (2) of section
15357  429.907, Florida Statutes, is amended to read:
15358         429.907 License requirement; fee; exemption; display.—
15359         (2)
15360         (b) If In the event a licensed center becomes wholly or
15361  substantially unusable due to a disaster as defined in s.
15362  252.34(1) or due to an emergency as those terms are defined in
15363  s. 252.34(3):
15364         1. The licensee may continue to operate under its current
15365  license in a premise or premises separate from that authorized
15366  under the license if the licensee has:
15367         a. Specified the location of the premise or premises in its
15368  comprehensive emergency management plan submitted to and
15369  approved by the applicable county emergency management
15370  authority; and
15371         b. Notified the agency and the county emergency management
15372  authority within 24 hours of operating in the separate premise
15373  or premises.
15374         2. The licensee shall operate the separate premise or
15375  premises only while the licensed center’s original location is
15376  substantially unusable and for up to no longer than 180 days.
15377  The agency may extend use of the alternate premise or premises
15378  beyond the initial 180 days. The agency may also review the
15379  operation of the disaster premise or premises quarterly.
15380         Section 264. Subsection (2) of section 440.12, Florida
15381  Statutes, is amended to read:
15382         440.12 Time for commencement and limits on weekly rate of
15383  compensation.—
15384         (2) Compensation for disability resulting from injuries
15385  which occur after December 31, 1974, shall not be less than $20
15386  per week. However, if the employee’s wages at the time of injury
15387  are less than $20 per week, he or she shall receive his or her
15388  full weekly wages. If the employee’s wages at the time of the
15389  injury exceed $20 per week, compensation shall not exceed an
15390  amount per week which is:
15391         (a) Equal to 100 percent of the statewide average weekly
15392  wage, determined as hereinafter provided for the year in which
15393  the injury occurred; however, the increase to 100 percent from
15394  66 2/3 percent of the statewide average weekly wage shall apply
15395  only to injuries occurring on or after August 1, 1979; and
15396         (b) Adjusted to the nearest dollar.
15397  
15398  For the purpose of this subsection, the “statewide average
15399  weekly wage” means the average weekly wage paid by employers
15400  subject to the Florida Unemployment Compensation Law as reported
15401  to Jobs Florida the Agency for Workforce Innovation for the four
15402  calendar quarters ending each June 30, which average weekly wage
15403  shall be determined by Jobs Florida the Agency for Workforce
15404  Innovation on or before November 30 of each year and shall be
15405  used in determining the maximum weekly compensation rate with
15406  respect to injuries occurring in the calendar year immediately
15407  following. The statewide average weekly wage determined by Jobs
15408  Florida the Agency for Workforce Innovation shall be reported
15409  annually to the Legislature.
15410         Section 265. Paragraph (c) of subsection (9) of section
15411  440.15, Florida Statutes, is amended to read:
15412         440.15 Compensation for disability.—Compensation for
15413  disability shall be paid to the employee, subject to the limits
15414  provided in s. 440.12(2), as follows:
15415         (9) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER AND
15416  FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE ACT.—
15417         (c) Disability compensation benefits payable for any week,
15418  including those benefits provided by paragraph (1)(f), may not
15419  be reduced pursuant to this subsection until the Social Security
15420  Administration determines the amount otherwise payable to the
15421  employee under 42 U.S.C. ss. 402 and 423 and the employee has
15422  begun receiving such social security benefit payments. The
15423  employee shall, upon demand by the department, the employer, or
15424  the carrier, authorize the Social Security Administration to
15425  release disability information relating to her or him and
15426  authorize Jobs Florida the Agency for Workforce Innovation to
15427  release unemployment compensation information relating to her or
15428  him, in accordance with rules to be adopted by the department
15429  prescribing the procedure and manner for requesting the
15430  authorization and for compliance by the employee. The department
15431  or the employer or carrier may not make any payment of benefits
15432  for total disability or those additional benefits provided by
15433  paragraph (1)(f) for any period during which the employee
15434  willfully fails or refuses to authorize the release of
15435  information in the manner and within the time prescribed by such
15436  rules. The authority for release of disability information
15437  granted by an employee under this paragraph is effective for a
15438  period not to exceed 12 months and such authority may be
15439  renewed, as the department prescribes by rule.
15440         Section 266. Subsections (4) and (7) of section 440.381,
15441  Florida Statutes, are amended to read:
15442         440.381 Application for coverage; reporting payroll;
15443  payroll audit procedures; penalties.—
15444         (4) Each employer must submit a copy of the quarterly
15445  earnings earning report required by chapter 443 at the end of
15446  each quarter to the carrier and submit self-audits supported by
15447  the quarterly earnings reports required by chapter 443 and the
15448  rules adopted by Jobs Florida the Agency for Workforce
15449  Innovation or by the state agency providing unemployment tax
15450  collection services under contract with Jobs Florida the Agency
15451  for Workforce Innovation through an interagency agreement
15452  pursuant to s. 443.1316. The reports must include a sworn
15453  statement by an officer or principal of the employer attesting
15454  to the accuracy of the information contained in the report.
15455         (7) If an employee suffering a compensable injury was not
15456  reported as earning wages on the last quarterly earnings report
15457  filed with Jobs Florida the Agency for Workforce Innovation or
15458  the state agency providing unemployment tax collection services
15459  under contract with Jobs Florida the Agency for Workforce
15460  Innovation through an interagency agreement pursuant to s.
15461  443.1316 before the accident, the employer shall indemnify the
15462  carrier for all workers’ compensation benefits paid to or on
15463  behalf of the employee unless the employer establishes that the
15464  employee was hired after the filing of the quarterly report, in
15465  which case the employer and employee shall attest to the fact
15466  that the employee was employed by the employer at the time of
15467  the injury. Failure of the employer to indemnify the insurer
15468  within 21 days after demand by the insurer is grounds for the
15469  insurer to immediately cancel coverage. Any action for
15470  indemnification brought by the carrier is cognizable in the
15471  circuit court having jurisdiction where the employer or carrier
15472  resides or transacts business. The insurer is entitled to a
15473  reasonable attorney’s fee if it recovers any portion of the
15474  benefits paid in the action.
15475         Section 267. Subsection (5) of section 440.385, Florida
15476  Statutes, is amended to read:
15477         440.385 Florida Self-Insurers Guaranty Association,
15478  Incorporated.—
15479         (5) PLAN OF OPERATION.—The association shall operate
15480  pursuant to a plan of operation approved by the board of
15481  directors. The plan of operation must be in effect on January 1,
15482  2002, and approved by the Department of Financial Services and
15483  Department of Labor and Employment Security shall remain in
15484  effect. However, any amendments to the plan shall not become
15485  effective until approved by the department of Financial
15486  Services.
15487         (a) The purpose of the plan of operation shall be to
15488  provide the association and the board of directors with the
15489  authority and responsibility to establish the necessary programs
15490  and to take the necessary actions to protect against the
15491  insolvency of a member of the association. In addition, the plan
15492  shall provide that the members of the association shall be
15493  responsible for maintaining an adequate Insolvency Fund to meet
15494  the obligations of insolvent members provided for under this act
15495  and shall authorize the board of directors to contract and
15496  employ those persons with the necessary expertise to carry out
15497  this stated purpose. By January 1, 2003, The board of directors
15498  shall submit to the department a proposed plan of operation for
15499  the administration of the association. The department shall
15500  approve the plan by order, consistent with this section. The
15501  department shall approve any amendments to the plan, consistent
15502  with this section, which are determined appropriate to carry out
15503  the duties and responsibilities of the association.
15504         (b) All member employers shall comply with the plan of
15505  operation.
15506         (c) The plan of operation shall:
15507         1. Establish the procedures whereby all the powers and
15508  duties of the association under subsection (3) will be
15509  performed.
15510         2. Establish procedures for handling assets of the
15511  association.
15512         3. Establish the amount and method of reimbursing members
15513  of the board of directors under subsection (2).
15514         4. Establish procedures by which claims may be filed with
15515  the association and establish acceptable forms of proof of
15516  covered claims. Notice of claims to the receiver or liquidator
15517  of the insolvent employer shall be deemed notice to the
15518  association or its agent, and a list of such claims shall be
15519  submitted periodically to the association or similar
15520  organization in another state by the receiver or liquidator.
15521         5. Establish regular places and times for meetings of the
15522  board of directors.
15523         6. Establish procedures for records to be kept of all
15524  financial transactions of the association and its agents and the
15525  board of directors.
15526         7. Provide that any member employer aggrieved by any final
15527  action or decision of the association may appeal to the
15528  department within 30 days after the action or decision.
15529         8. Establish the procedures whereby recommendations of
15530  candidates for the board of directors shall be submitted to the
15531  department.
15532         9. Contain additional provisions necessary or proper for
15533  the execution of the powers and duties of the association.
15534         (d) The plan of operation may provide that any or all of
15535  the powers and duties of the association, except those specified
15536  under subparagraphs (c)1. and 2., be delegated to a corporation,
15537  association, or other organization which performs or will
15538  perform functions similar to those of this association or its
15539  equivalent in two or more states. Such a corporation,
15540  association, or organization shall be reimbursed as a servicing
15541  facility would be reimbursed and shall be paid for its
15542  performance of any other functions of the association. A
15543  delegation of powers or duties under this subsection shall take
15544  effect only with the approval of both the board of directors and
15545  the department and may be made only to a corporation,
15546  association, or organization which extends protection which is
15547  not substantially less favorable and effective than the
15548  protection provided by this section.
15549         Section 268. Paragraph (b) of subsection (9) of section
15550  440.49, Florida Statutes, is amended to read:
15551         440.49 Limitation of liability for subsequent injury
15552  through Special Disability Trust Fund.—
15553         (9) SPECIAL DISABILITY TRUST FUND.—
15554         (b)1. The Special Disability Trust Fund shall be maintained
15555  by annual assessments upon the insurance companies writing
15556  compensation insurance in the state, the commercial self
15557  insurers under ss. 624.462 and 624.4621, the assessable mutuals
15558  as defined in s. 628.6011, and the self-insurers under this
15559  chapter, which assessments shall become due and be paid
15560  quarterly at the same time and in addition to the assessments
15561  provided in s. 440.51. The department shall estimate annually in
15562  advance the amount necessary for the administration of this
15563  subsection and the maintenance of this fund and shall make such
15564  assessment in the manner hereinafter provided.
15565         2. The annual assessment shall be calculated to produce
15566  during the ensuing fiscal year an amount which, when combined
15567  with that part of the balance in the fund on June 30 of the
15568  current fiscal year which is in excess of $100,000, is equal to
15569  the average of:
15570         a. The sum of disbursements from the fund during the
15571  immediate past 3 calendar years, and
15572         b. Two times the disbursements of the most recent calendar
15573  year.
15574  
15575  Such amount shall be prorated among the insurance companies
15576  writing compensation insurance in the state and the self
15577  insurers. Provided however, for those carriers that have
15578  excluded ceded reinsurance premiums from their assessments on or
15579  before January 1, 2000, no assessments on ceded reinsurance
15580  premiums shall be paid by those carriers until such time as the
15581  former Division of Workers’ Compensation of the Department of
15582  Labor and Employment Security or the department advises each of
15583  those carriers of the impact that the inclusion of ceded
15584  reinsurance premiums has on their assessment. The department may
15585  not recover any past underpayments of assessments levied against
15586  any carrier that on or before January 1, 2000, excluded ceded
15587  reinsurance premiums from their assessment prior to the point
15588  that the former Division of Workers’ Compensation of the
15589  Department of Labor and Employment Security or the department
15590  advises of the appropriate assessment that should have been
15591  paid.
15592         3. The net premiums written by the companies for workers’
15593  compensation in this state and the net premium written
15594  applicable to the self-insurers in this state are the basis for
15595  computing the amount to be assessed as a percentage of net
15596  premiums. Such payments shall be made by each carrier and self
15597  insurer to the department for the Special Disability Trust Fund
15598  in accordance with such regulations as the department
15599  prescribes.
15600         4. The Chief Financial Officer is authorized to receive and
15601  credit to such Special Disability Trust Fund any sum or sums
15602  that may at any time be contributed to the state by the United
15603  States under any Act of Congress, or otherwise, to which the
15604  state may be or become entitled by reason of any payments made
15605  out of such fund.
15606         Section 269. Subsections (1), (4), and (5) of section
15607  443.012, Florida Statutes, are amended to read:
15608         443.012 Unemployment Appeals Commission.—
15609         (1) There is created within the Division of Workforce
15610  Services of Jobs Florida the Agency for Workforce Innovation an
15611  Unemployment Appeals Commission. The commission is composed of a
15612  chair and two other members appointed by the Governor, subject
15613  to confirmation by the Senate. Only one appointee may be a
15614  representative of employers, as demonstrated by his or her
15615  previous vocation, employment, or affiliation; and only one
15616  appointee may be a representative of employees, as demonstrated
15617  by his or her previous vocation, employment, or affiliation.
15618         (a) The chair shall devote his or her entire time to
15619  commission duties and is responsible for the administrative
15620  functions of the commission.
15621         (b) The chair has authority to appoint a general counsel
15622  and other personnel to carry out the duties and responsibilities
15623  of the commission.
15624         (c) The chair must have the qualifications required by law
15625  for a judge of the circuit court and may not engage in any other
15626  business vocation or employment. Notwithstanding any other law,
15627  the chair shall be paid a salary equal to that paid under state
15628  law to a judge of the circuit court.
15629         (d) The remaining members shall be paid a stipend of $100
15630  for each day they are engaged in the work of the commission. The
15631  chair and other members are entitled to be reimbursed for travel
15632  expenses, as provided in s. 112.061.
15633         (e) The total salary and travel expenses of each member of
15634  the commission shall be paid from the Employment Security
15635  Administration Trust Fund.
15636         (4) The property, personnel, and appropriations relating to
15637  the specified authority, powers, duties, and responsibilities of
15638  the commission shall be provided to the commission by Jobs
15639  Florida the Agency for Workforce Innovation.
15640         (5) The commission is not subject to control, supervision,
15641  or direction by Jobs Florida the Agency for Workforce Innovation
15642  in performing its powers or duties under this chapter.
15643         Section 270. Subsections (9), (41), (43), and (45) of
15644  section 443.036, Florida Statutes, are amended to read:
15645         443.036 Definitions.—As used in this chapter, the term:
15646         (9) “Benefit year” means, for an individual, the 1-year
15647  period beginning with the first day of the first week for which
15648  the individual first files a valid claim for benefits and,
15649  thereafter, the 1-year period beginning with the first day of
15650  the first week for which the individual next files a valid claim
15651  for benefits after the termination of his or her last preceding
15652  benefit year. Each claim for benefits made in accordance with s.
15653  443.151(2) is a valid claim under this subsection if the
15654  individual was paid wages for insured work in accordance with s.
15655  443.091(1)(g) and is unemployed as defined in subsection (43) at
15656  the time of filing the claim. However, Jobs Florida the Agency
15657  for Workforce Innovation may adopt rules providing for the
15658  establishment of a uniform benefit year for all workers in one
15659  or more groups or classes of service or within a particular
15660  industry if Jobs Florida the agency determines, after notice to
15661  the industry and to the workers in the industry and an
15662  opportunity to be heard in the matter, that those groups or
15663  classes of workers in a particular industry periodically
15664  experience unemployment resulting from layoffs or shutdowns for
15665  limited periods of time.
15666         (41) “Tax collection service provider” or “service
15667  provider” means the state agency providing unemployment tax
15668  collection services under contract with Jobs Florida the Agency
15669  for Workforce Innovation through an interagency agreement
15670  pursuant to s. 443.1316.
15671         (43) “Unemployment” means:
15672         (a) An individual is “totally unemployed” in any week
15673  during which he or she does not perform any services and for
15674  which earned income is not payable to him or her. An individual
15675  is “partially unemployed” in any week of less than full-time
15676  work if the earned income payable to him or her for that week is
15677  less than his or her weekly benefit amount. Jobs Florida The
15678  Agency for Workforce Innovation may adopt rules prescribing
15679  distinctions in the procedures for unemployed individuals based
15680  on total unemployment, part-time unemployment, partial
15681  unemployment of individuals attached to their regular jobs, and
15682  other forms of short-time work.
15683         (b) An individual’s week of unemployment commences only
15684  after his or her registration with Jobs Florida the Agency for
15685  Workforce Innovation as required in s. 443.091, except as the
15686  agency may otherwise prescribe by rule.
15687         (45) “Week” means a period of 7 consecutive days as defined
15688  in the rules of Jobs Florida the Agency for Workforce
15689  Innovation. Jobs Florida The Agency for Workforce Innovation may
15690  by rule prescribe that a week is deemed to be “in,” “within,” or
15691  “during” the benefit year that contains the greater part of the
15692  week.
15693         Section 271. Subsections (2) and (3) of section 443.041,
15694  Florida Statutes, are amended to read:
15695         443.041 Waiver of rights; fees; privileged communications.—
15696         (2) FEES.—
15697         (a) Except as otherwise provided in this chapter, an
15698  individual claiming benefits may not be charged fees of any kind
15699  in any proceeding under this chapter by the commission or Jobs
15700  Florida the Agency for Workforce Innovation, or their
15701  representatives, or by any court or any officer of the court. An
15702  individual claiming benefits in any proceeding before the
15703  commission or Jobs Florida the Agency for Workforce Innovation,
15704  or representatives of either, or a court may be represented by
15705  counsel or an authorized representative, but the counsel or
15706  representative may not charge or receive for those services more
15707  than an amount approved by the commission, Jobs Florida the
15708  Agency for Workforce Innovation, or the court.
15709         (b) An attorney at law representing a claimant for benefits
15710  in any district court of appeal of this state or in the Supreme
15711  Court of Florida is entitled to counsel fees payable by Jobs
15712  Florida the Agency for Workforce Innovation as set by the court
15713  if the petition for review or appeal is initiated by the
15714  claimant and results in a decision awarding more benefits than
15715  provided in the decision from which appeal was taken. The amount
15716  of the fee may not exceed 50 percent of the total amount of
15717  regular benefits permitted under s. 443.111(5)(a) during the
15718  benefit year.
15719         (c) Jobs Florida The Agency for Workforce Innovation shall
15720  pay attorneys’ fees awarded under this section from the
15721  Employment Security Administration Trust Fund as part of the
15722  costs of administration of this chapter and may pay these fees
15723  directly to the attorney for the claimant in a lump sum. Jobs
15724  Florida The Agency for Workforce Innovation or the commission
15725  may not pay any other fees or costs in connection with an
15726  appeal.
15727         (d) Any person, firm, or corporation who or which seeks or
15728  receives any remuneration or gratuity for any services rendered
15729  on behalf of a claimant, except as allowed by this section and
15730  in an amount approved by Jobs Florida the Agency for Workforce
15731  Innovation, the commission, or a court, commits a misdemeanor of
15732  the second degree, punishable as provided in s. 775.082 or s.
15733  775.083.
15734         (3) PRIVILEGED COMMUNICATIONS.—All letters, reports,
15735  communications, or any other matters, either oral or written,
15736  between an employer and an employee or between Jobs Florida the
15737  Agency for Workforce Innovation or its tax collection service
15738  provider and any of their agents, representatives, or employees
15739  which are written, sent, delivered, or made in connection with
15740  this chapter, are privileged and may not be the subject matter
15741  or basis for any suit for slander or libel in any court of the
15742  state.
15743         Section 272. Subsection (3) of section 443.051, Florida
15744  Statutes, is amended to read:
15745         443.051 Benefits not alienable; exception, child support
15746  intercept.—
15747         (3) EXCEPTION, SUPPORT INTERCEPT.—
15748         (a) The Department of Revenue shall, at least biweekly,
15749  provide Jobs Florida the Agency for Workforce Innovation with a
15750  magnetic tape or other electronic data file disclosing the
15751  individuals who owe support obligations and the amount of any
15752  legally required deductions.
15753         (b) For support obligations established on or after July 1,
15754  2006, and for support obligations established before July 1,
15755  2006, when the support order does not address the withholding of
15756  unemployment compensation, Jobs Florida the Agency for Workforce
15757  Innovation shall deduct and withhold 40 percent of the
15758  unemployment compensation otherwise payable to an individual
15759  disclosed under paragraph (a). If delinquencies, arrearages, or
15760  retroactive support are owed and repayment has not been ordered,
15761  the unpaid amounts are included in the support obligation and
15762  are subject to withholding. If the amount deducted exceeds the
15763  support obligation, the Department of Revenue shall promptly
15764  refund the amount of the excess deduction to the obligor. For
15765  support obligations in effect before July 1, 2006, if the
15766  support order addresses the withholding of unemployment
15767  compensation, Jobs Florida the Agency for Workforce Innovation
15768  shall deduct and withhold the amount ordered by the court or
15769  administrative agency that issued the support order as disclosed
15770  by the Department of Revenue.
15771         (c) Jobs Florida the Agency for Workforce Innovation shall
15772  pay any amount deducted and withheld under paragraph (b) to the
15773  Department of Revenue.
15774         (d) Any amount deducted and withheld under this subsection
15775  shall for all purposes be treated as if it were paid to the
15776  individual as unemployment compensation and paid by the
15777  individual to the Department of Revenue for support obligations.
15778         (e) The Department of Revenue shall reimburse Jobs Florida
15779  the Agency for Workforce Innovation for the administrative costs
15780  incurred by Jobs Florida the agency under this subsection which
15781  are attributable to support obligations being enforced by the
15782  department.
15783         Section 273. Subsections (3) and (4), paragraph (b) of
15784  subsection (5), and subsections (6) and (8) of section 443.071,
15785  Florida Statutes, are amended to read:
15786         443.071 Penalties.—
15787         (3) Any employing unit or any officer or agent of any
15788  employing unit or any other person who fails to furnish any
15789  reports required under this chapter or to produce or permit the
15790  inspection of or copying of records as required under this
15791  chapter, who fails or refuses, within 6 months after written
15792  demand by Jobs Florida the Agency for Workforce Innovation or
15793  its tax collection service provider, to keep and maintain the
15794  payroll records required by this chapter or by rule of Jobs
15795  Florida the Agency for Workforce Innovation or the state agency
15796  providing tax collection services, or who willfully fails or
15797  refuses to make any contribution, reimbursement, or other
15798  payment required from an employer under this chapter commits a
15799  misdemeanor of the second degree, punishable as provided in s.
15800  775.082 or s. 775.083.
15801         (4) Any person who establishes a fictitious employing unit
15802  by submitting to Jobs Florida the Agency for Workforce
15803  Innovation or its tax collection service provider fraudulent
15804  employing unit records or tax or wage reports by the
15805  introduction of fraudulent records into a computer system, the
15806  intentional or deliberate alteration or destruction of
15807  computerized information or files, or the theft of financial
15808  instruments, data, and other assets, for the purpose of enabling
15809  herself or himself or any other person to receive benefits under
15810  this chapter to which such person is not entitled, commits a
15811  felony of the third degree, punishable as provided in s.
15812  775.082, s. 775.083, or s. 775.084.
15813         (5) In any prosecution or action under this section, the
15814  entry into evidence of the signature of a person on a document,
15815  letter, or other writing constitutes prima facie evidence of the
15816  person’s identity if the following conditions exist:
15817         (b) The signature of the person is witnessed by an agent or
15818  employee of Jobs Florida the Agency for Workforce Innovation or
15819  its tax collection service provider at the time the document,
15820  letter, or other writing is filed.
15821         (6) The entry into evidence of an application for
15822  unemployment benefits initiated by the use of the Internet
15823  claims program or the interactive voice response system
15824  telephone claims program of Jobs Florida the Agency for
15825  Workforce Innovation constitutes prima facie evidence of the
15826  establishment of a personal benefit account by or for an
15827  individual if the following information is provided: the
15828  applicant’s name, residence address, date of birth, social
15829  security number, and present or former place of work.
15830         (8) All records relating to investigations of unemployment
15831  compensation fraud in the custody of Jobs Florida the Agency for
15832  Workforce Innovation or its tax collection service provider are
15833  available for examination by the Department of Law Enforcement,
15834  the state attorneys, or the Office of the Statewide Prosecutor
15835  in the prosecution of offenses under s. 817.568 or in
15836  proceedings brought under this chapter.
15837         Section 274. Subsections (1) and (4) of section 443.091,
15838  Florida Statutes, are amended to read:
15839         443.091 Benefit eligibility conditions.—
15840         (1) An unemployed individual is eligible to receive
15841  benefits for any week only if Jobs Florida the Agency for
15842  Workforce Innovation finds that:
15843         (a) She or he has made a claim for benefits for that week
15844  in accordance with the rules adopted by Jobs Florida the Agency
15845  for Workforce Innovation.
15846         (b) She or he has registered with Jobs Florida the agency
15847  for work and subsequently reports to the one-stop career center
15848  as directed by the regional workforce board for reemployment
15849  services. This requirement does not apply to persons who are:
15850         1. Non-Florida residents;
15851         2. On a temporary layoff, as defined in s. 443.036(42);
15852         3. Union members who customarily obtain employment through
15853  a union hiring hall; or
15854         4. Claiming benefits under an approved short-time
15855  compensation plan as provided in s. 443.1116.
15856         (c) To make continued claims for benefits, she or he is
15857  reporting to Jobs Florida the agency in accordance with its
15858  rules. These rules may not conflict with s. 443.111(1)(b),
15859  including the requirement that each claimant continue to report
15860  regardless of any pending appeal relating to her or his
15861  eligibility or disqualification for benefits.
15862         (d) She or he is able to work and is available for work. In
15863  order to assess eligibility for a claimed week of unemployment,
15864  Jobs Florida the agency shall develop criteria to determine a
15865  claimant’s ability to work and availability for work. However:
15866         1. Notwithstanding any other provision of this paragraph or
15867  paragraphs (b) and (e), an otherwise eligible individual may not
15868  be denied benefits for any week because she or he is in training
15869  with the approval of Jobs Florida the agency, or by reason of s.
15870  443.101(2) relating to failure to apply for, or refusal to
15871  accept, suitable work. Training may be approved by Jobs Florida
15872  the agency in accordance with criteria prescribed by rule. A
15873  claimant’s eligibility during approved training is contingent
15874  upon satisfying eligibility conditions prescribed by rule.
15875         2. Notwithstanding any other provision of this chapter, an
15876  otherwise eligible individual who is in training approved under
15877  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
15878  determined ineligible or disqualified for benefits due to her or
15879  his enrollment in such training or because of leaving work that
15880  is not suitable employment to enter such training. As used in
15881  this subparagraph, the term “suitable employment” means work of
15882  a substantially equal or higher skill level than the worker’s
15883  past adversely affected employment, as defined for purposes of
15884  the Trade Act of 1974, as amended, the wages for which are at
15885  least 80 percent of the worker’s average weekly wage as
15886  determined for purposes of the Trade Act of 1974, as amended.
15887         3. Notwithstanding any other provision of this section, an
15888  otherwise eligible individual may not be denied benefits for any
15889  week because she or he is before any state or federal court
15890  pursuant to a lawfully issued summons to appear for jury duty.
15891         (e) She or he participates in reemployment services, such
15892  as job search assistance services, whenever the individual has
15893  been determined, by a profiling system established by the rules
15894  of Jobs Florida agency rule, to be likely to exhaust regular
15895  benefits and to be in need of reemployment services.
15896         (f) She or he has been unemployed for a waiting period of 1
15897  week. A week may not be counted as a week of unemployment under
15898  this subsection:
15899         1. Unless it occurs within the benefit year that includes
15900  the week for which she or he claims payment of benefits.
15901         2. If benefits have been paid for that week.
15902         3. Unless the individual was eligible for benefits for that
15903  week as provided in this section and s. 443.101, except for the
15904  requirements of this subsection and of s. 443.101(5).
15905         (g) She or he has been paid wages for insured work equal to
15906  1.5 times her or his high quarter wages during her or his base
15907  period, except that an unemployed individual is not eligible to
15908  receive benefits if the base period wages are less than $3,400.
15909         (h) She or he submitted to Jobs Florida the agency a valid
15910  social security number assigned to her or him. Jobs Florida The
15911  agency may verify the social security number with the United
15912  States Social Security Administration and may deny benefits if
15913  Jobs Florida the agency is unable to verify the individual’s
15914  social security number, the social security number is invalid,
15915  or the social security number is not assigned to the individual.
15916         (4) In the event of national emergency, in the course of
15917  which the Federal Emergency Unemployment Payment Plan is, at the
15918  request of the Governor, invoked for all or any part of the
15919  state, the emergency plan shall supersede the procedures
15920  prescribed by this chapter, and by rules adopted under this
15921  chapter, and Jobs Florida the Agency for Workforce Innovation
15922  shall act as the Florida agency for the United States Department
15923  of Labor in the administration of the plan.
15924         Section 275. Subsections (1), (2), (4), (6), (7), and (9)
15925  of section 443.101, Florida Statutes, are amended to read:
15926         443.101 Disqualification for benefits.—An individual shall
15927  be disqualified for benefits:
15928         (1)(a) For the week in which he or she has voluntarily left
15929  work without good cause attributable to his or her employing
15930  unit or in which the individual has been discharged by the
15931  employing unit for misconduct connected with his or her work,
15932  based on a finding by Jobs Florida the Agency for Workforce
15933  Innovation. As used in this paragraph, the term “work” means any
15934  work, whether full-time, part-time, or temporary.
15935         1. Disqualification for voluntarily quitting continues for
15936  the full period of unemployment next ensuing after the
15937  individual has left his or her full-time, part-time, or
15938  temporary work voluntarily without good cause and until the
15939  individual has earned income equal to or in excess of 17 times
15940  his or her weekly benefit amount. As used in this subsection,
15941  the term “good cause” includes only that cause attributable to
15942  the employing unit or which consists of the individual’s illness
15943  or disability requiring separation from his or her work. Any
15944  other disqualification may not be imposed. An individual is not
15945  disqualified under this subsection for voluntarily leaving
15946  temporary work to return immediately when called to work by the
15947  permanent employing unit that temporarily terminated his or her
15948  work within the previous 6 calendar months. An individual is not
15949  disqualified under this subsection for voluntarily leaving work
15950  to relocate as a result of his or her military-connected
15951  spouse’s permanent change of station orders, activation orders,
15952  or unit deployment orders.
15953         2. Disqualification for being discharged for misconduct
15954  connected with his or her work continues for the full period of
15955  unemployment next ensuing after having been discharged and until
15956  the individual is reemployed and has earned income of at least
15957  17 times his or her weekly benefit amount and for not more than
15958  52 weeks that immediately follow that week, as determined by
15959  Jobs Florida the agency in each case according to the
15960  circumstances in each case or the seriousness of the misconduct,
15961  under Jobs Florida the agency’s rules adopted for determinations
15962  of disqualification for benefits for misconduct.
15963         3. If an individual has provided notification to the
15964  employing unit of his or her intent to voluntarily leave work
15965  and the employing unit discharges the individual for reasons
15966  other than misconduct before the date the voluntary quit was to
15967  take effect, the individual, if otherwise entitled, shall
15968  receive benefits from the date of the employer’s discharge until
15969  the effective date of his or her voluntary quit.
15970         4. If an individual is notified by the employing unit of
15971  the employer’s intent to discharge the individual for reasons
15972  other than misconduct and the individual quits without good
15973  cause, as defined in this section, before the date the discharge
15974  was to take effect, the claimant is ineligible for benefits
15975  pursuant to s. 443.091(1)(d) for failing to be available for
15976  work for the week or weeks of unemployment occurring before the
15977  effective date of the discharge.
15978         (b) For any week with respect to which Jobs Florida the
15979  Agency for Workforce Innovation finds that his or her
15980  unemployment is due to a suspension for misconduct connected
15981  with the individual’s work.
15982         (c) For any week with respect to which Jobs Florida the
15983  Agency for Workforce Innovation finds that his or her
15984  unemployment is due to a leave of absence, if the leave was
15985  voluntarily initiated by the individual.
15986         (d) For any week with respect to which Jobs Florida the
15987  Agency for Workforce Innovation finds that his or her
15988  unemployment is due to a discharge for misconduct connected with
15989  the individual’s work, consisting of drug use, as evidenced by a
15990  positive, confirmed drug test.
15991         (2) If Jobs Florida the Agency for Workforce Innovation
15992  finds that the individual has failed without good cause to apply
15993  for available suitable work when directed by Jobs Florida the
15994  agency or the one-stop career center, to accept suitable work
15995  when offered to him or her, or to return to the individual’s
15996  customary self-employment when directed by Jobs Florida the
15997  agency, the disqualification continues for the full period of
15998  unemployment next ensuing after he or she failed without good
15999  cause to apply for available suitable work, to accept suitable
16000  work, or to return to his or her customary self-employment,
16001  under this subsection, and until the individual has earned
16002  income at least 17 times his or her weekly benefit amount. Jobs
16003  Florida The Agency for Workforce Innovation shall by rule adopt
16004  criteria for determining the “suitability of work,” as used in
16005  this section. Jobs Florida The Agency for Workforce Innovation
16006  in developing these rules shall consider the duration of a
16007  claimant’s unemployment in determining the suitability of work
16008  and the suitability of proposed rates of compensation for
16009  available work. Further, after an individual has received 25
16010  weeks of benefits in a single year, suitable work is a job that
16011  pays the minimum wage and is 120 percent or more of the weekly
16012  benefit amount the individual is drawing.
16013         (a) In determining whether or not any work is suitable for
16014  an individual, Jobs Florida the Agency for Workforce Innovation
16015  shall consider the degree of risk involved to his or her health,
16016  safety, and morals; his or her physical fitness and prior
16017  training; the individual’s experience and prior earnings; his or
16018  her length of unemployment and prospects for securing local work
16019  in his or her customary occupation; and the distance of the
16020  available work from his or her residence.
16021         (b) Notwithstanding any other provisions of this chapter,
16022  work is not deemed suitable and benefits may not be denied under
16023  this chapter to any otherwise eligible individual for refusing
16024  to accept new work under any of the following conditions:
16025         1. If the position offered is vacant due directly to a
16026  strike, lockout, or other labor dispute.
16027         2. If the wages, hours, or other conditions of the work
16028  offered are substantially less favorable to the individual than
16029  those prevailing for similar work in the locality.
16030         3. If as a condition of being employed, the individual
16031  would be required to join a company union or to resign from or
16032  refrain from joining any bona fide labor organization.
16033         (c) If Jobs Florida the Agency for Workforce Innovation
16034  finds that an individual was rejected for offered employment as
16035  the direct result of a positive, confirmed drug test required as
16036  a condition of employment, the individual is disqualified for
16037  refusing to accept an offer of suitable work.
16038         (4) For any week with respect to which Jobs Florida the
16039  Agency for Workforce Innovation finds that his or her total or
16040  partial unemployment is due to a labor dispute in active
16041  progress which exists at the factory, establishment, or other
16042  premises at which he or she is or was last employed; except that
16043  this subsection does not apply if it is shown to the
16044  satisfaction of Jobs Florida the Agency for Workforce Innovation
16045  that:
16046         (a)1. He or she is not participating in, financing, or
16047  directly interested in the labor dispute that is in active
16048  progress; however, the payment of regular union dues may not be
16049  construed as financing a labor dispute within the meaning of
16050  this section; and
16051         2. He or she does not belong to a grade or class of workers
16052  of which immediately before the commencement of the labor
16053  dispute there were members employed at the premises at which the
16054  labor dispute occurs any of whom are participating in,
16055  financing, or directly interested in the dispute; if in any case
16056  separate branches of work are commonly conducted as separate
16057  businesses in separate premises, or are conducted in separate
16058  departments of the same premises, each department, for the
16059  purpose of this subsection, is deemed to be a separate factory,
16060  establishment, or other premise.
16061         (b) His or her total or partial unemployment results from a
16062  lockout by his or her employer. As used in this section, the
16063  term “lockout” means a situation in which employees have not
16064  gone on strike, nor have employees notified the employer of a
16065  date certain for a strike, but in which employees have been
16066  denied entry to the factory, establishment, or other premises of
16067  employment by the employer. However, benefits are not payable
16068  under this paragraph if the lockout action was taken in response
16069  to threats, actions, or other indications of impending damage to
16070  property and equipment or possible physical violence by
16071  employees or in response to actual damage or violence or a
16072  substantial reduction in production instigated or perpetrated by
16073  employees.
16074         (6) For a period not to exceed 1 year from the date of the
16075  discovery by Jobs Florida the Agency for Workforce Innovation of
16076  the making of any false or fraudulent representation for the
16077  purpose of obtaining benefits contrary to this chapter,
16078  constituting a violation under s. 443.071. This disqualification
16079  may be appealed in the same manner as any other disqualification
16080  imposed under this section. A conviction by any court of
16081  competent jurisdiction in this state of the offense prohibited
16082  or punished by s. 443.071 is conclusive upon the appeals referee
16083  and the commission of the making of the false or fraudulent
16084  representation for which disqualification is imposed under this
16085  section.
16086         (7) If Jobs Florida the Agency for Workforce Innovation
16087  finds that the individual is an alien, unless the alien is an
16088  individual who has been lawfully admitted for permanent
16089  residence or otherwise is permanently residing in the United
16090  States under color of law, including an alien who is lawfully
16091  present in the United States as a result of the application of
16092  s. 203(a)(7) or s. 212(d)(5) of the Immigration and Nationality
16093  Act, if any modifications to s. 3304(a)(14) of the Federal
16094  Unemployment Tax Act, as provided by Pub. L. No. 94-566, which
16095  specify other conditions or other effective dates than those
16096  stated under federal law for the denial of benefits based on
16097  services performed by aliens, and which modifications are
16098  required to be implemented under state law as a condition for
16099  full tax credit against the tax imposed by the Federal
16100  Unemployment Tax Act, are deemed applicable under this section,
16101  if:
16102         (a) Any data or information required of individuals
16103  applying for benefits to determine whether benefits are not
16104  payable to them because of their alien status is uniformly
16105  required from all applicants for benefits; and
16106         (b) In the case of an individual whose application for
16107  benefits would otherwise be approved, a determination that
16108  benefits to such individual are not payable because of his or
16109  her alien status may not be made except by a preponderance of
16110  the evidence.
16111  
16112  If Jobs Florida the Agency for Workforce Innovation finds that
16113  the individual has refused without good cause an offer of
16114  resettlement or relocation, which offer provides for suitable
16115  employment for the individual notwithstanding the distance of
16116  relocation, resettlement, or employment from the current
16117  location of the individual in this state, this disqualification
16118  continues for the week in which the failure occurred and for not
16119  more than 17 weeks immediately after that week, or a reduction
16120  by not more than 5 weeks from the duration of benefits, as
16121  determined by Jobs Florida the Agency for Workforce Innovation
16122  in each case.
16123         (9) If the individual was terminated from his or her work
16124  for violation of any criminal law punishable by imprisonment, or
16125  for any dishonest act, in connection with his or her work, as
16126  follows:
16127         (a) If Jobs Florida the Agency for Workforce Innovation or
16128  the Unemployment Appeals Commission finds that the individual
16129  was terminated from his or her work for violation of any
16130  criminal law punishable by imprisonment in connection with his
16131  or her work, and the individual was found guilty of the offense,
16132  made an admission of guilt in a court of law, or entered a plea
16133  of no contest, the individual is not entitled to unemployment
16134  benefits for up to 52 weeks, under rules adopted by Jobs Florida
16135  the Agency for Workforce Innovation, and until he or she has
16136  earned income of at least 17 times his or her weekly benefit
16137  amount. If, before an adjudication of guilt, an admission of
16138  guilt, or a plea of no contest, the employer shows Jobs Florida
16139  the Agency for Workforce Innovation that the arrest was due to a
16140  crime against the employer or the employer’s business and, after
16141  considering all the evidence, Jobs Florida the Agency for
16142  Workforce Innovation finds misconduct in connection with the
16143  individual’s work, the individual is not entitled to
16144  unemployment benefits.
16145         (b) If Jobs Florida the Agency for Workforce Innovation or
16146  the Unemployment Appeals Commission finds that the individual
16147  was terminated from work for any dishonest act in connection
16148  with his or her work, the individual is not entitled to
16149  unemployment benefits for up to 52 weeks, under rules adopted by
16150  Jobs Florida the Agency for Workforce Innovation, and until he
16151  or she has earned income of at least 17 times his or her weekly
16152  benefit amount. In addition, if the employer terminates an
16153  individual as a result of a dishonest act in connection with his
16154  or her work and Jobs Florida the Agency for Workforce Innovation
16155  finds misconduct in connection with his or her work, the
16156  individual is not entitled to unemployment benefits.
16157  
16158  With respect to an individual disqualified for benefits, the
16159  account of the terminating employer, if the employer is in the
16160  base period, is noncharged at the time the disqualification is
16161  imposed.
16162         Section 276. Subsection (1) of section 443.111, Florida
16163  Statutes, is amended to read:
16164         443.111 Payment of benefits.—
16165         (1) MANNER OF PAYMENT.—Benefits are payable from the fund
16166  in accordance with rules adopted by Jobs Florida the Agency for
16167  Workforce Innovation, subject to the following requirements:
16168         (a) Benefits are payable by mail or electronically.
16169  Notwithstanding s. 409.942(4), Jobs Florida the agency may
16170  develop a system for the payment of benefits by electronic funds
16171  transfer, including, but not limited to, debit cards, electronic
16172  payment cards, or any other means of electronic payment that
16173  Jobs Florida the agency deems to be commercially viable or cost
16174  effective. Commodities or services related to the development of
16175  such a system shall be procured by competitive solicitation,
16176  unless they are purchased from a state term contract pursuant to
16177  s. 287.056. Jobs Florida The agency shall adopt rules necessary
16178  to administer the system.
16179         (b) Each claimant must report in the manner prescribed by
16180  Jobs Florida the Agency for Workforce Innovation to certify for
16181  benefits that are paid and must continue to report at least
16182  biweekly to receive unemployment benefits and to attest to the
16183  fact that she or he is able and available for work, has not
16184  refused suitable work, is seeking work, and, if she or he has
16185  worked, to report earnings from that work. Each claimant must
16186  continue to report regardless of any appeal or pending appeal
16187  relating to her or his eligibility or disqualification for
16188  benefits.
16189         Section 277. Subsections (1), (4), and (5) of section
16190  443.1113, Florida Statutes, are amended to read:
16191         443.1113 Unemployment Compensation Claims and Benefits
16192  Information System.—
16193         (1) To the extent that funds are appropriated for each
16194  phase of the Unemployment Compensation Claims and Benefits
16195  Information System by the Legislature, Jobs Florida the Agency
16196  for Workforce Innovation shall replace and enhance the
16197  functionality provided in the following systems with an
16198  integrated Internet-based system that is known as the
16199  “Unemployment Compensation Claims and Benefits Information
16200  System”:
16201         (a) Claims and benefit mainframe system.
16202         (b) Florida unemployment Internet direct.
16203         (c) Florida continued claim Internet directory.
16204         (d) Call center interactive voice response system.
16205         (e) Benefit overpayment screening system.
16206         (f) Internet and Intranet appeals system.
16207         (4) The project to implement the Unemployment Compensation
16208  Claims and Benefits Information System shall be comprised of the
16209  following phases and corresponding implementation timeframes:
16210         (a) No later than the end of fiscal year 2009-2010
16211  completion of the business re-engineering analysis and
16212  documentation of both the detailed system requirements and the
16213  overall system architecture.
16214         (b) The Unemployment Claims and Benefits Internet portal
16215  that replaces the Florida Unemployment Internet Direct and the
16216  Florida Continued Claims Internet Directory systems, the Call
16217  Center Interactive Voice Response System, the Benefit
16218  Overpayment Screening System, the Internet and Intranet Appeals
16219  System and the Claims and Benefits Mainframe System shall be
16220  deployed to full operational status no later than the end of
16221  fiscal year 2012-2013.
16222         (b) The new Unemployment Claims and Benefits Internet
16223  portal that replaces the Florida Unemployment Internet Direct
16224  and the Florida Continued Claims Internet Directory systems and
16225  shall be deployed to full production operational status no later
16226  than the end of fiscal year 2010-2011.
16227         (c) The new Call Center Interactive Voice Response System
16228  and the Benefit Overpayment Screening System shall be deployed
16229  to full production operational status no later than the end of
16230  fiscal year 2011-2012.
16231         (d) The new Internet and Intranet Appeals System and the
16232  Claims and Benefits Mainframe System shall be deployed to full
16233  operational status no later than the end of fiscal year 2012
16234  2013.
16235         (5) Jobs Florida The Agency for Workforce Innovation shall
16236  implement the following project governance structure until such
16237  time as the project is completed, suspended, or terminated:
16238         (a) The project sponsor for the Unemployment Compensation
16239  Claims and Benefits Information System project is the Jobs
16240  Florida executive director of the Agency for Workforce
16241  Innovation.
16242         (b) The project shall be governed by an executive steering
16243  committee composed of the following voting members or their
16244  designees:
16245         1. The commissioner of Jobs Florida executive director of
16246  the Agency for Workforce Innovation.
16247         2. The executive director of the Department of Revenue.
16248         3. The director of the Division of Workforce Services
16249  within Jobs Florida Office of Unemployment Compensation within
16250  the Agency for Workforce Innovation.
16251         4. The program director of the General Tax Administration
16252  Program Office within the Department of Revenue.
16253         5. The chief information officer of Jobs Florida the Agency
16254  for Workforce Innovation.
16255         (c) The executive steering committee has the overall
16256  responsibility for ensuring that the project meets its primary
16257  objectives and is specifically responsible for:
16258         1. Providing management direction and support to the
16259  project management team.
16260         2. Assessing the project’s alignment with the strategic
16261  goals of Jobs Florida the Agency for Workforce Innovation for
16262  administering the unemployment compensation program.
16263         3. Reviewing and approving or disapproving any changes to
16264  the project’s scope, schedule, and costs.
16265         4. Reviewing, approving or disapproving, and determining
16266  whether to proceed with any major project deliverables.
16267         5. Recommending suspension or termination of the project to
16268  the Governor, the President of the Senate, and the Speaker of
16269  the House of Representatives if it determines that the primary
16270  objectives cannot be achieved.
16271         (d) The project management team shall work under the
16272  direction of the executive steering committee and shall be
16273  minimally comprised of senior managers and stakeholders from
16274  Jobs Florida the Agency for Workforce Innovation and the
16275  Department of Revenue. The project management team is
16276  responsible for:
16277         1. Providing daily planning, management, and oversight of
16278  the project.
16279         2. Submitting an operational work plan and providing
16280  quarterly updates to that plan to the executive steering
16281  committee. The plan must specify project milestones,
16282  deliverables, and expenditures.
16283         3. Submitting written monthly project status reports to the
16284  executive steering committee which include:
16285         a. Planned versus actual project costs;
16286         b. An assessment of the status of major milestones and
16287  deliverables;
16288         c. Identification of any issues requiring resolution, the
16289  proposed resolution for these issues, and information regarding
16290  the status of the resolution;
16291         d. Identification of risks that must be managed; and
16292         e. Identification of and recommendations regarding
16293  necessary changes in the project’s scope, schedule, or costs.
16294  All recommendations must be reviewed by project stakeholders
16295  before submission to the executive steering committee in order
16296  to ensure that the recommendations meet required acceptance
16297  criteria.
16298         Section 278. Paragraph (d) of subsection (1), subsection
16299  (2), paragraphs (a) and (c) of subsection (3), and subsection
16300  (6) of section 443.1115, Florida Statutes, are amended to read:
16301         443.1115 Extended benefits.—
16302         (1) DEFINITIONS.—As used in this section, the term:
16303         (d) “Rate of insured unemployment” means the percentage
16304  derived by dividing the average weekly number of individuals
16305  filing claims for regular compensation in this state, excluding
16306  extended-benefit claimants for weeks of unemployment with
16307  respect to the most recent 13-consecutive-week period, as
16308  determined by Jobs Florida the Agency for Workforce Innovation
16309  on the basis of its reports to the United States Secretary of
16310  Labor, by the average monthly employment covered under this
16311  chapter for the first four of the most recent six completed
16312  calendar quarters ending before the end of that 13-week period.
16313         (2) REGULAR BENEFITS ON CLAIMS FOR, AND THE PAYMENT OF,
16314  EXTENDED BENEFITS.—Except when the result is inconsistent with
16315  the other provisions of this section and as provided in the
16316  rules of Jobs Florida the Agency for Workforce Innovation, the
16317  provisions of this chapter applying to claims for, or the
16318  payment of, regular benefits apply to claims for, and the
16319  payment of, extended benefits. These extended benefits are
16320  charged to the employment records of employers to the extent
16321  that the share of those extended benefits paid from this state’s
16322  Unemployment Compensation Trust Fund is not eligible to be
16323  reimbursed from federal sources.
16324         (3) ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS.—
16325         (a) An individual is eligible to receive extended benefits
16326  for any week of unemployment in her or his eligibility period
16327  only if Jobs Florida the Agency for Workforce Innovation finds
16328  that, for that week:
16329         1. She or he is an exhaustee as defined in subsection (1).
16330         2. She or he satisfies the requirements of this chapter for
16331  the receipt of regular benefits applicable to individuals
16332  claiming extended benefits, including not being subject to
16333  disqualification from the receipt of benefits. An individual
16334  disqualified from receiving regular benefits may not receive
16335  extended benefits after the disqualification period terminates
16336  if he or she was disqualified for voluntarily leaving work,
16337  being discharged from work for misconduct, or refusing suitable
16338  work. However, if the disqualification period for regular
16339  benefits terminates because the individual received the required
16340  amount of remuneration for services rendered as a common-law
16341  employee, she or he may receive extended benefits.
16342         3. The individual was paid wages for insured work for the
16343  applicable benefit year equal to 1.5 times the high quarter
16344  earnings during the base period.
16345         (c)1. An individual is disqualified from receiving extended
16346  benefits if Jobs Florida the Agency for Workforce Innovation
16347  finds that, during any week of unemployment in her or his
16348  eligibility period:
16349         a. She or he failed to apply for suitable work or, if
16350  offered, failed to accept suitable work, unless the individual
16351  can furnish to Jobs Florida the agency satisfactory evidence
16352  that her or his prospects for obtaining work in her or his
16353  customary occupation within a reasonably short period are good.
16354  If this evidence is deemed satisfactory for this purpose, the
16355  determination of whether any work is suitable for the individual
16356  shall be made in accordance with the definition of suitable work
16357  in s. 443.101(2). This disqualification begins with the week the
16358  failure occurred and continues until she or he is employed for
16359  at least 4 weeks and receives earned income of at least 17 times
16360  her or his weekly benefit amount.
16361         b. She or he failed to furnish tangible evidence that she
16362  or he actively engaged in a systematic and sustained effort to
16363  find work. This disqualification begins with the week the
16364  failure occurred and continues until she or he is employed for
16365  at least 4 weeks and receives earned income of at least 4 times
16366  her or his weekly benefit amount.
16367         2. Except as otherwise provided in sub-subparagraph 1.a.,
16368  as used in this paragraph, the term “suitable work” means any
16369  work within the individual’s capabilities to perform, if:
16370         a. The gross average weekly remuneration payable for the
16371  work exceeds the sum of the individual’s weekly benefit amount
16372  plus the amount, if any, of supplemental unemployment benefits,
16373  as defined in s. 501(c)(17)(D) of the Internal Revenue Code of
16374  1954, as amended, payable to the individual for that week;
16375         b. The wages payable for the work equal the higher of the
16376  minimum wages provided by s. 6(a)(1) of the Fair Labor Standards
16377  Act of 1938, without regard to any exemption, or the state or
16378  local minimum wage; and
16379         c. The work otherwise meets the definition of suitable work
16380  in s. 443.101(2) to the extent that the criteria for suitability
16381  are not inconsistent with this paragraph.
16382         (6) COMPUTATIONS.—Jobs Florida The Agency for Workforce
16383  Innovation shall perform the computations required under
16384  paragraph (1)(d) in accordance with regulations of the United
16385  States Secretary of Labor.
16386         Section 279. Subsection (2) and paragraphs (a) and (b) of
16387  subsection (5) of section 443.1116, Florida Statutes, are
16388  amended to read:
16389         443.1116 Short-time compensation.—
16390         (2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.—An employer
16391  wishing to participate in the short-time compensation program
16392  must submit a signed, written, short-time plan to Jobs Florida
16393  the director of the Agency for Workforce Innovation for
16394  approval. The commissioner director or his or her designee shall
16395  approve the plan if:
16396         (a) The plan applies to and identifies each specific
16397  affected unit;
16398         (b) The individuals in the affected unit are identified by
16399  name and social security number;
16400         (c) The normal weekly hours of work for individuals in the
16401  affected unit are reduced by at least 10 percent and by not more
16402  than 40 percent;
16403         (d) The plan includes a certified statement by the employer
16404  that the aggregate reduction in work hours is in lieu of
16405  temporary layoffs that would affect at least 10 percent of the
16406  employees in the affected unit and that would have resulted in
16407  an equivalent reduction in work hours;
16408         (e) The plan applies to at least 10 percent of the
16409  employees in the affected unit;
16410         (f) The plan is approved in writing by the collective
16411  bargaining agent for each collective bargaining agreement
16412  covering any individual in the affected unit;
16413         (g) The plan does not serve as a subsidy to seasonal
16414  employers during the off-season or as a subsidy to employers who
16415  traditionally use part-time employees; and
16416         (h) The plan certifies the manner in which the employer
16417  will treat fringe benefits of the individuals in the affected
16418  unit if the hours of the individuals are reduced to less than
16419  their normal weekly hours of work. As used in this paragraph,
16420  the term “fringe benefits” includes, but is not limited to,
16421  health insurance, retirement benefits under defined benefit
16422  pension plans as defined in subsection 35 of s. 1002 of the
16423  Employee Retirement Income Security Act of 1974, 29 U.S.C., paid
16424  vacation and holidays, and sick leave.
16425         (5) ELIGIBILITY REQUIREMENTS FOR SHORT-TIME COMPENSATION
16426  BENEFITS.—
16427         (a) Except as provided in this subsection, an individual is
16428  eligible to receive short-time compensation benefits for any
16429  week only if she or he complies with this chapter and Jobs
16430  Florida the Agency for Workforce Innovation finds that:
16431         1. The individual is employed as a member of an affected
16432  unit in an approved plan that was approved before the week and
16433  is in effect for the week;
16434         2. The individual is able to work and is available for
16435  additional hours of work or for full-time work with the short
16436  time employer; and
16437         3. The normal weekly hours of work of the individual are
16438  reduced by at least 10 percent but not by more than 40 percent,
16439  with a corresponding reduction in wages.
16440         (b) Jobs Florida The Agency for Workforce Innovation may
16441  not deny short-time compensation benefits to an individual who
16442  is otherwise eligible for these benefits for any week by reason
16443  of the application of any provision of this chapter relating to
16444  availability for work, active search for work, or refusal to
16445  apply for or accept work from other than the short-time
16446  compensation employer of that individual.
16447         Section 280. Subsection (3) of section 443.1215, Florida
16448  Statutes, is amended to read:
16449         443.1215 Employers.—
16450         (3) An employing unit that fails to keep the records of
16451  employment required by this chapter and by the rules of Jobs
16452  Florida the Agency for Workforce Innovation and the state agency
16453  providing unemployment tax collection services is presumed to be
16454  an employer liable for the payment of contributions under this
16455  chapter, regardless of the number of individuals employed by the
16456  employing unit. However, the tax collection service provider
16457  shall make written demand that the employing unit keep and
16458  maintain required payroll records. The demand must be made at
16459  least 6 months before assessing contributions against an
16460  employing unit determined to be an employer that is subject to
16461  this chapter solely by reason of this subsection.
16462         Section 281. Paragraphs (a) and (d) of subsection (1),
16463  subsection (12), and paragraph (p) of subsection (13) of section
16464  443.1216, Florida Statutes, are amended to read:
16465         443.1216 Employment.—Employment, as defined in s. 443.036,
16466  is subject to this chapter under the following conditions:
16467         (1)(a) The employment subject to this chapter includes a
16468  service performed, including a service performed in interstate
16469  commerce, by:
16470         1. An officer of a corporation.
16471         2. An individual who, under the usual common-law rules
16472  applicable in determining the employer-employee relationship, is
16473  an employee. However, whenever a client, as defined in s.
16474  443.036(18), which would otherwise be designated as an employing
16475  unit has contracted with an employee leasing company to supply
16476  it with workers, those workers are considered employees of the
16477  employee leasing company. An employee leasing company may lease
16478  corporate officers of the client to the client and other workers
16479  to the client, except as prohibited by regulations of the
16480  Internal Revenue Service. Employees of an employee leasing
16481  company must be reported under the employee leasing company’s
16482  tax identification number and contribution rate for work
16483  performed for the employee leasing company.
16484         a. In addition to any other report required to be filed by
16485  law, an employee leasing company shall submit a report to the
16486  Labor Market Statistics Center within Jobs Florida the Agency
16487  for Workforce Innovation which includes each client
16488  establishment and each establishment of the employee leasing
16489  company, or as otherwise directed by Jobs Florida the agency.
16490  The report must include the following information for each
16491  establishment:
16492         (I) The trade or establishment name;
16493         (II) The former unemployment compensation account number,
16494  if available;
16495         (III) The former federal employer’s identification number
16496  (FEIN), if available;
16497         (IV) The industry code recognized and published by the
16498  United States Office of Management and Budget, if available;
16499         (V) A description of the client’s primary business activity
16500  in order to verify or assign an industry code;
16501         (VI) The address of the physical location;
16502         (VII) The number of full-time and part-time employees who
16503  worked during, or received pay that was subject to unemployment
16504  compensation taxes for, the pay period including the 12th of the
16505  month for each month of the quarter;
16506         (VIII) The total wages subject to unemployment compensation
16507  taxes paid during the calendar quarter;
16508         (IX) An internal identification code to uniquely identify
16509  each establishment of each client;
16510         (X) The month and year that the client entered into the
16511  contract for services; and
16512         (XI) The month and year that the client terminated the
16513  contract for services.
16514         b. The report shall be submitted electronically or in a
16515  manner otherwise prescribed by Jobs Florida the Agency for
16516  Workforce Innovation in the format specified by the Bureau of
16517  Labor Statistics of the United States Department of Labor for
16518  its Multiple Worksite Report for Professional Employer
16519  Organizations. The report must be provided quarterly to the
16520  Labor Market Statistics Center within Jobs Florida the Agency
16521  for Workforce Innovation, or as otherwise directed by Jobs
16522  Florida the agency, and must be filed by the last day of the
16523  month immediately following the end of the calendar quarter. The
16524  information required in sub-sub-subparagraphs a.(X) and (XI)
16525  need be provided only in the quarter in which the contract to
16526  which it relates was entered into or terminated. The sum of the
16527  employment data and the sum of the wage data in this report must
16528  match the employment and wages reported in the unemployment
16529  compensation quarterly tax and wage report. A report is not
16530  required for any calendar quarter preceding the third calendar
16531  quarter of 2010.
16532         c. Jobs Florida The Agency for Workforce Innovation shall
16533  adopt rules as necessary to administer this subparagraph, and
16534  may administer, collect, enforce, and waive the penalty imposed
16535  by s. 443.141(1)(b) for the report required by this
16536  subparagraph.
16537         d. For the purposes of this subparagraph, the term
16538  “establishment” means any location where business is conducted
16539  or where services or industrial operations are performed.
16540         3. An individual other than an individual who is an
16541  employee under subparagraph 1. or subparagraph 2., who performs
16542  services for remuneration for any person:
16543         a. As an agent-driver or commission-driver engaged in
16544  distributing meat products, vegetable products, fruit products,
16545  bakery products, beverages other than milk, or laundry or
16546  drycleaning services for his or her principal.
16547         b. As a traveling or city salesperson engaged on a full
16548  time basis in the solicitation on behalf of, and the
16549  transmission to, his or her principal of orders from
16550  wholesalers, retailers, contractors, or operators of hotels,
16551  restaurants, or other similar establishments for merchandise for
16552  resale or supplies for use in their business operations. This
16553  sub-subparagraph does not apply to an agent-driver or a
16554  commission-driver and does not apply to sideline sales
16555  activities performed on behalf of a person other than the
16556  salesperson’s principal.
16557         4. The services described in subparagraph 3. are employment
16558  subject to this chapter only if:
16559         a. The contract of service contemplates that substantially
16560  all of the services are to be performed personally by the
16561  individual;
16562         b. The individual does not have a substantial investment in
16563  facilities used in connection with the services, other than
16564  facilities used for transportation; and
16565         c. The services are not in the nature of a single
16566  transaction that is not part of a continuing relationship with
16567  the person for whom the services are performed.
16568         (d) If two or more related corporations concurrently employ
16569  the same individual and compensate the individual through a
16570  common paymaster, each related corporation is considered to have
16571  paid wages to the individual only in the amounts actually
16572  disbursed by that corporation to the individual and is not
16573  considered to have paid the wages actually disbursed to the
16574  individual by another of the related corporations. Jobs Florida
16575  The Agency for Workforce Innovation and the state agency
16576  providing unemployment tax collection services may adopt rules
16577  necessary to administer this paragraph.
16578         1. As used in this paragraph, the term “common paymaster”
16579  means a member of a group of related corporations that disburses
16580  wages to concurrent employees on behalf of the related
16581  corporations and that is responsible for keeping payroll records
16582  for those concurrent employees. A common paymaster is not
16583  required to disburse wages to all the employees of the related
16584  corporations; however, this subparagraph does not apply to wages
16585  of concurrent employees which are not disbursed through a common
16586  paymaster. A common paymaster must pay concurrently employed
16587  individuals under this subparagraph by one combined paycheck.
16588         2. As used in this paragraph, the term “concurrent
16589  employment” means the existence of simultaneous employment
16590  relationships between an individual and related corporations.
16591  Those relationships require the performance of services by the
16592  employee for the benefit of the related corporations, including
16593  the common paymaster, in exchange for wages that, if deductible
16594  for the purposes of federal income tax, are deductible by the
16595  related corporations.
16596         3. Corporations are considered related corporations for an
16597  entire calendar quarter if they satisfy any one of the following
16598  tests at any time during the calendar quarter:
16599         a. The corporations are members of a “controlled group of
16600  corporations” as defined in s. 1563 of the Internal Revenue Code
16601  of 1986 or would be members if s. 1563(a)(4) and (b) did not
16602  apply.
16603         b. In the case of a corporation that does not issue stock,
16604  at least 50 percent of the members of the board of directors or
16605  other governing body of one corporation are members of the board
16606  of directors or other governing body of the other corporation or
16607  the holders of at least 50 percent of the voting power to select
16608  those members are concurrently the holders of at least 50
16609  percent of the voting power to select those members of the other
16610  corporation.
16611         c. At least 50 percent of the officers of one corporation
16612  are concurrently officers of the other corporation.
16613         d. At least 30 percent of the employees of one corporation
16614  are concurrently employees of the other corporation.
16615         4. The common paymaster must report to the tax collection
16616  service provider, as part of the unemployment compensation
16617  quarterly tax and wage report, the state unemployment
16618  compensation account number and name of each related corporation
16619  for which concurrent employees are being reported. Failure to
16620  timely report this information shall result in the related
16621  corporations being denied common paymaster status for that
16622  calendar quarter.
16623         5. The common paymaster also has the primary responsibility
16624  for remitting contributions due under this chapter for the wages
16625  it disburses as the common paymaster. The common paymaster must
16626  compute these contributions as though it were the sole employer
16627  of the concurrently employed individuals. If a common paymaster
16628  fails to timely remit these contributions or reports, in whole
16629  or in part, the common paymaster remains liable for the full
16630  amount of the unpaid portion of these contributions. In
16631  addition, each of the other related corporations using the
16632  common paymaster is jointly and severally liable for its
16633  appropriate share of these contributions. Each related
16634  corporation’s share equals the greater of:
16635         a. The liability of the common paymaster under this
16636  chapter, after taking into account any contributions made.
16637         b. The liability under this chapter which, notwithstanding
16638  this section, would have existed for the wages from the other
16639  related corporations, reduced by an allocable portion of any
16640  contributions previously paid by the common paymaster for those
16641  wages.
16642         (12) The employment subject to this chapter includes
16643  services covered by a reciprocal arrangement under s. 443.221
16644  between Jobs Florida the Agency for Workforce Innovation or its
16645  tax collection service provider and the agency charged with the
16646  administration of another state unemployment compensation law or
16647  a federal unemployment compensation law, under which all
16648  services performed by an individual for an employing unit are
16649  deemed to be performed entirely within this state, if Jobs
16650  Florida the Agency for Workforce Innovation or its tax
16651  collection service provider approved an election of the
16652  employing unit in which all of the services performed by the
16653  individual during the period covered by the election are deemed
16654  to be insured work.
16655         (13) The following are exempt from coverage under this
16656  chapter:
16657         (p) Service covered by an arrangement between Jobs Florida
16658  the Agency for Workforce Innovation, or its tax collection
16659  service provider, and the agency charged with the administration
16660  of another state or federal unemployment compensation law under
16661  which all services performed by an individual for an employing
16662  unit during the period covered by the employing unit’s duly
16663  approved election is deemed to be performed entirely within the
16664  other agency’s state or under the federal law.
16665         Section 282. Subsection (1) of section 443.1217, Florida
16666  Statutes, is amended to read:
16667         443.1217 Wages.—
16668         (1) The wages subject to this chapter include all
16669  remuneration for employment, including commissions, bonuses,
16670  back pay awards, and the cash value of all remuneration paid in
16671  any medium other than cash. The reasonable cash value of
16672  remuneration in any medium other than cash must be estimated and
16673  determined in accordance with rules adopted by Jobs Florida the
16674  Agency for Workforce Innovation or the state agency providing
16675  tax collection services. The wages subject to this chapter
16676  include tips or gratuities received while performing services
16677  that constitute employment and are included in a written
16678  statement furnished to the employer under s. 6053(a) of the
16679  Internal Revenue Code of 1954. As used in this section only, the
16680  term “employment” includes services constituting employment
16681  under any employment security law of another state or of the
16682  Federal Government.
16683         Section 283. Subsection (1) and paragraphs (a), (g), and
16684  (i) of subsection (3) of section 443.131, Florida Statutes, are
16685  amended to read:
16686         443.131 Contributions.—
16687         (1) PAYMENT OF CONTRIBUTIONS.—Contributions accrue and are
16688  payable by each employer for each calendar quarter he or she is
16689  subject to this chapter for wages paid during each calendar
16690  quarter for employment. Contributions are due and payable by
16691  each employer to the tax collection service provider, in
16692  accordance with the rules adopted by Jobs Florida the Agency for
16693  Workforce Innovation or the state agency providing tax
16694  collection services. This subsection does not prohibit the tax
16695  collection service provider from allowing, at the request of the
16696  employer, employers of employees performing domestic services,
16697  as defined in s. 443.1216(6), to pay contributions or report
16698  wages at intervals other than quarterly when the nonquarterly
16699  payment or reporting assists the service provider and when
16700  nonquarterly payment and reporting is authorized under federal
16701  law. Employers of employees performing domestic services may
16702  report wages and pay contributions annually, with a due date of
16703  January 1 and a delinquency date of February 1. To qualify for
16704  this election, the employer must employ only employees
16705  performing domestic services, be eligible for a variation from
16706  the standard rate computed under subsection (3), apply to this
16707  program no later than December 1 of the preceding calendar year,
16708  and agree to provide Jobs Florida the Agency for Workforce
16709  Innovation or its tax collection service provider with any
16710  special reports that are requested, including copies of all
16711  federal employment tax forms. An employer who fails to timely
16712  furnish any wage information required by Jobs Florida the Agency
16713  for Workforce Innovation or its tax collection service provider
16714  loses the privilege to participate in this program, effective
16715  the calendar quarter immediately after the calendar quarter the
16716  failure occurred. The employer may reapply for annual reporting
16717  when a complete calendar year elapses after the employer’s
16718  disqualification if the employer timely furnished any requested
16719  wage information during the period in which annual reporting was
16720  denied. An employer may not deduct contributions, interests,
16721  penalties, fines, or fees required under this chapter from any
16722  part of the wages of his or her employees. A fractional part of
16723  a cent less than one-half cent shall be disregarded from the
16724  payment of contributions, but a fractional part of at least one
16725  half cent shall be increased to 1 cent.
16726         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
16727  EXPERIENCE.—
16728         (a) Employment records.—The regular and short-time
16729  compensation benefits paid to an eligible individual shall be
16730  charged to the employment record of each employer who paid the
16731  individual wages of at least $100 during the individual’s base
16732  period in proportion to the total wages paid by all employers
16733  who paid the individual wages during the individual’s base
16734  period. Benefits may not be charged to the employment record of
16735  an employer who furnishes part-time work to an individual who,
16736  because of loss of employment with one or more other employers,
16737  is eligible for partial benefits while being furnished part-time
16738  work by the employer on substantially the same basis and in
16739  substantially the same amount as the individual’s employment
16740  during his or her base period, regardless of whether this part
16741  time work is simultaneous or successive to the individual’s lost
16742  employment. Further, as provided in s. 443.151(3), benefits may
16743  not be charged to the employment record of an employer who
16744  furnishes Jobs Florida the Agency for Workforce Innovation with
16745  notice, as prescribed in agency rules of Jobs Florida, that any
16746  of the following apply:
16747         1. If an individual leaves his or her work without good
16748  cause attributable to the employer or is discharged by the
16749  employer for misconduct connected with his or her work, benefits
16750  subsequently paid to the individual based on wages paid by the
16751  employer before the separation may not be charged to the
16752  employment record of the employer.
16753         2. If an individual is discharged by the employer for
16754  unsatisfactory performance during an initial employment
16755  probationary period, benefits subsequently paid to the
16756  individual based on wages paid during the probationary period by
16757  the employer before the separation may not be charged to the
16758  employer’s employment record. As used in this subparagraph, the
16759  term “initial employment probationary period” means an
16760  established probationary plan that applies to all employees or a
16761  specific group of employees and that does not exceed 90 calendar
16762  days following the first day a new employee begins work. The
16763  employee must be informed of the probationary period within the
16764  first 7 days of work. The employer must demonstrate by
16765  conclusive evidence that the individual was separated because of
16766  unsatisfactory work performance and not because of lack of work
16767  due to temporary, seasonal, casual, or other similar employment
16768  that is not of a regular, permanent, and year-round nature.
16769         3. Benefits subsequently paid to an individual after his or
16770  her refusal without good cause to accept suitable work from an
16771  employer may not be charged to the employment record of the
16772  employer if any part of those benefits are based on wages paid
16773  by the employer before the individual’s refusal to accept
16774  suitable work. As used in this subparagraph, the term “good
16775  cause” does not include distance to employment caused by a
16776  change of residence by the individual. Jobs Florida The Agency
16777  for Workforce Innovation shall adopt rules prescribing for the
16778  payment of all benefits whether this subparagraph applies
16779  regardless of whether a disqualification under s. 443.101
16780  applies to the claim.
16781         4. If an individual is separated from work as a direct
16782  result of a natural disaster declared under the Robert T.
16783  Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
16784  ss. 5121 et seq., benefits subsequently paid to the individual
16785  based on wages paid by the employer before the separation may
16786  not be charged to the employment record of the employer.
16787         (g) Transfer of unemployment experience upon transfer or
16788  acquisition of a business.—Notwithstanding any other provision
16789  of law, upon transfer or acquisition of a business, the
16790  following conditions apply to the assignment of rates and to
16791  transfers of unemployment experience:
16792         1.a. If an employer transfers its trade or business, or a
16793  portion thereof, to another employer and, at the time of the
16794  transfer, there is any common ownership, management, or control
16795  of the two employers, the unemployment experience attributable
16796  to the transferred trade or business shall be transferred to the
16797  employer to whom the business is so transferred. The rates of
16798  both employers shall be recalculated and made effective as of
16799  the beginning of the calendar quarter immediately following the
16800  date of the transfer of the trade or business unless the
16801  transfer occurred on the first day of a calendar quarter, in
16802  which case the rate shall be recalculated as of that date.
16803         b. If, following a transfer of experience under sub
16804  subparagraph a., Jobs Florida the Agency for Workforce
16805  Innovation or the tax collection service provider determines
16806  that a substantial purpose of the transfer of trade or business
16807  was to obtain a reduced liability for contributions, the
16808  experience rating account of the employers involved shall be
16809  combined into a single account and a single rate assigned to the
16810  account.
16811         2. Whenever a person who is not an employer under this
16812  chapter at the time it acquires the trade or business of an
16813  employer, the unemployment experience of the acquired business
16814  shall not be transferred to the person if Jobs Florida the
16815  Agency for Workforce Innovation or the tax collection service
16816  provider finds that such person acquired the business solely or
16817  primarily for the purpose of obtaining a lower rate of
16818  contributions. Instead, such person shall be assigned the new
16819  employer rate under paragraph (2)(a). In determining whether the
16820  business was acquired solely or primarily for the purpose of
16821  obtaining a lower rate of contributions, the tax collection
16822  service provider shall consider, but not be limited to, the
16823  following factors:
16824         a. Whether the person continued the business enterprise of
16825  the acquired business;
16826         b. How long such business enterprise was continued; or
16827         c. Whether a substantial number of new employees was hired
16828  for performance of duties unrelated to the business activity
16829  conducted before the acquisition.
16830         3. If a person knowingly violates or attempts to violate
16831  subparagraph 1. or subparagraph 2. or any other provision of
16832  this chapter related to determining the assignment of a
16833  contribution rate, or if a person knowingly advises another
16834  person to violate the law, the person shall be subject to the
16835  following penalties:
16836         a. If the person is an employer, the employer shall be
16837  assigned the highest rate assignable under this chapter for the
16838  rate year during which such violation or attempted violation
16839  occurred and for the 3 rate years immediately following this
16840  rate year. However, if the person’s business is already at the
16841  highest rate for any year, or if the amount of increase in the
16842  person’s rate would be less than 2 percent for such year, then a
16843  penalty rate of contribution of 2 percent of taxable wages shall
16844  be imposed for such year and the following 3 rate years.
16845         b. If the person is not an employer, such person shall be
16846  subject to a civil money penalty of not more than $5,000. The
16847  procedures for the assessment of a penalty shall be in
16848  accordance with the procedures set forth in s. 443.141(2), and
16849  the provisions of s. 443.141(3) shall apply to the collection of
16850  the penalty. Any such penalty shall be deposited in the penalty
16851  and interest account established under s. 443.211(2).
16852         4. For purposes of this paragraph, the term:
16853         a. “Knowingly” means having actual knowledge of or acting
16854  with deliberate ignorance or reckless disregard for the
16855  prohibition involved.
16856         b. “Violates or attempts to violate” includes, but is not
16857  limited to, intent to evade, misrepresent, or willfully
16858  nondisclose.
16859         5. In addition to the penalty imposed by subparagraph 3.,
16860  any person who violates this paragraph commits a felony of the
16861  third degree, punishable as provided in s. 775.082, s. 775.083,
16862  or s. 775.084.
16863         6. Jobs Florida The Agency for Workforce Innovation and the
16864  tax collection service provider shall establish procedures to
16865  identify the transfer or acquisition of a business for the
16866  purposes of this paragraph and shall adopt any rules necessary
16867  to administer this paragraph.
16868         7. For purposes of this paragraph:
16869         a. “Person” has the meaning given to the term by s.
16870  7701(a)(1) of the Internal Revenue Code of 1986.
16871         b. “Trade or business” shall include the employer’s
16872  workforce.
16873         8. This paragraph shall be interpreted and applied in such
16874  a manner as to meet the minimum requirements contained in any
16875  guidance or regulations issued by the United States Department
16876  of Labor.
16877         (i) Notice of determinations of contribution rates;
16878  redeterminations.—The state agency providing tax collection
16879  services:
16880         1. Shall promptly notify each employer of his or her
16881  contribution rate as determined for any calendar year under this
16882  section. The determination is conclusive and binding on the
16883  employer unless within 20 days after mailing the notice of
16884  determination to the employer’s last known address, or, in the
16885  absence of mailing, within 20 days after delivery of the notice,
16886  the employer files an application for review and redetermination
16887  setting forth the grounds for review. An employer may not, in
16888  any proceeding involving his or her contribution rate or
16889  liability for contributions, contest the chargeability to his or
16890  her employment record of any benefits paid in accordance with a
16891  determination, redetermination, or decision under s. 443.151,
16892  except on the ground that the benefits charged were not based on
16893  services performed in employment for him or her and then only if
16894  the employer was not a party to the determination,
16895  redetermination, or decision, or to any other proceeding under
16896  this chapter, in which the character of those services was
16897  determined.
16898         2. Shall, upon discovery of an error in computation,
16899  reconsider any prior determination or redetermination of a
16900  contribution rate after the 20-day period has expired and issue
16901  a revised notice of contribution rate as redetermined. A
16902  redetermination is subject to review, and is conclusive and
16903  binding if review is not sought, in the same manner as review of
16904  a determination under subparagraph 1. A reconsideration may not
16905  be made after March 31 of the calendar year immediately after
16906  the calendar year for which the contribution rate is applicable,
16907  and interest may not accrue on any additional contributions
16908  found to be due until 30 days after the employer is mailed
16909  notice of his or her revised contribution rate.
16910         3. May adopt rules providing for periodic notification to
16911  employers of benefits paid and charged to their employment
16912  records or of the status of those employment records. A
16913  notification, unless an application for redetermination is filed
16914  in the manner and within the time limits prescribed by Jobs
16915  Florida the Agency for Workforce Innovation, is conclusive and
16916  binding on the employer under this chapter. The redetermination,
16917  and Jobs Florida’s the Agency for Workforce Innovation’s finding
16918  of fact in connection with the redetermination, may be
16919  introduced in any subsequent administrative or judicial
16920  proceeding involving the determination of the contribution rate
16921  of an employer for any calendar year. A redetermination becomes
16922  final in the same manner provided in this subsection for
16923  findings of fact made by Jobs Florida the Agency for Workforce
16924  Innovation in proceedings to redetermine the contribution rate
16925  of an employer. Pending a redetermination or an administrative
16926  or judicial proceeding, the employer must file reports and pay
16927  contributions in accordance with this section.
16928         Section 284. Paragraph (d) of subsection (2) and paragraph
16929  (d) of subsection (3) of section 443.1312, Florida Statutes, are
16930  amended to read:
16931         443.1312 Reimbursements; nonprofit organizations.—Benefits
16932  paid to employees of nonprofit organizations shall be financed
16933  in accordance with this section.
16934         (2) LIABILITY FOR CONTRIBUTIONS AND ELECTION OF
16935  REIMBURSEMENT.—A nonprofit organization that is, or becomes,
16936  subject to this chapter under s. 443.1215(1)(c) or s.
16937  443.121(3)(a) must pay contributions under s. 443.131 unless it
16938  elects, in accordance with this subsection, to reimburse the
16939  Unemployment Compensation Trust Fund for all of the regular
16940  benefits, short-time compensation benefits, and one-half of the
16941  extended benefits paid, which are attributable to service in the
16942  employ of the nonprofit organization, to individuals for weeks
16943  of unemployment which begin during the effective period of the
16944  election.
16945         (d) In accordance with rules adopted by Jobs Florida the
16946  Agency for Workforce Innovation or the state agency providing
16947  unemployment tax collection services, the tax collection service
16948  provider shall notify each nonprofit organization of any
16949  determination of the organization’s status as an employer, the
16950  effective date of any election the organization makes, and the
16951  effective date of any termination of the election. Each
16952  determination is subject to reconsideration, appeal, and review
16953  under s. 443.141(2)(c).
16954         (3) PAYMENT OF REIMBURSEMENTS.—Reimbursements in lieu of
16955  contributions must be paid in accordance with this subsection.
16956         (d) The amount due, as specified in any bill from the tax
16957  collection service provider, is conclusive, and the nonprofit
16958  organization is liable for payment of that amount unless, within
16959  20 days after the bill is mailed to the organization’s last
16960  known address or otherwise delivered to the organization, the
16961  organization files an application for redetermination by Jobs
16962  Florida the Agency for Workforce Innovation, setting forth the
16963  grounds for the application. Jobs Florida The Agency for
16964  Workforce Innovation shall promptly review and reconsider the
16965  amount due, as specified in the bill, and shall issue a
16966  redetermination in each case in which an application for
16967  redetermination is filed. The redetermination is conclusive and
16968  the nonprofit organization is liable for payment of the amount
16969  due, as specified in the redetermination, unless, within 20 days
16970  after the redetermination is mailed to the organization’s last
16971  known address or otherwise delivered to the organization, the
16972  organization files a protest, setting forth the grounds for the
16973  appeal. Proceedings on the protest shall be conducted in
16974  accordance with s. 443.141(2).
16975         Section 285. Paragraph (b) of subsection (1) of section
16976  443.1313, Florida Statutes, is amended to read:
16977         443.1313 Public employers; reimbursements; election to pay
16978  contributions.—Benefits paid to employees of a public employer,
16979  as defined in s. 443.036, based on service described in s.
16980  443.1216(2) shall be financed in accordance with this section.
16981         (1) PAYMENT OF REIMBURSEMENTS.—
16982         (b) If a state agency is more than 120 days delinquent on
16983  reimbursements due to the Unemployment Compensation Trust Fund,
16984  the tax collection service provider shall certify to the Chief
16985  Financial Officer the amount due and the Chief Financial Officer
16986  shall transfer the amount due to the Unemployment Compensation
16987  Trust Fund from the funds of the agency which legally may be
16988  used for that purpose. If a public employer other than a state
16989  agency is more than 120 days delinquent on reimbursements due to
16990  the Unemployment Compensation Trust Fund, upon request by the
16991  tax collection service provider after a hearing, the Department
16992  of Revenue or the Department of Financial Services, as
16993  applicable, shall deduct the amount owed by the public employer
16994  from any funds to be distributed by the applicable department to
16995  the public employer for further distribution to the trust fund
16996  in accordance with this chapter. If an employer for whom the
16997  municipal or county tax collector collects taxes fails to make
16998  the reimbursements to the Unemployment Compensation Trust Fund
16999  required by this chapter, the tax collector after a hearing, at
17000  the request of the tax collection service provider and upon
17001  receipt of a certificate showing the amount owed by the
17002  employer, shall deduct the certified amount from any taxes
17003  collected for the employer and remit that amount to the tax
17004  collection service provider for further distribution to the
17005  trust fund in accordance with this chapter. This paragraph does
17006  not apply to amounts owed by a political subdivision of the
17007  state for benefits erroneously paid in which the claimant must
17008  repay to Jobs Florida the Agency for Workforce Innovation under
17009  s. 443.151(6)(a) or (b) any sum as benefits received.
17010         Section 286. Paragraphs (b) and (c) of subsection (4) and
17011  subsection (7) of section 443.1315, Florida Statutes, are
17012  amended to read:
17013         443.1315 Treatment of Indian tribes.—
17014         (4)
17015         (b)1. Services performed for an Indian tribe or tribal unit
17016  that fails to make required reimbursements, including
17017  assessments of interest and penalty, after all collection
17018  activities deemed necessary by the tax collection service
17019  provider, subject to approval by Jobs Florida the Agency for
17020  Workforce Innovation, are exhausted may not be treated as
17021  employment for purposes of paragraph (1)(b).
17022         2. The tax collection service provider may determine that
17023  any Indian tribe that loses coverage under subparagraph 1. may
17024  have services performed for the tribe subsequently included as
17025  employment for purposes of paragraph (1)(b) if all
17026  contributions, reimbursements, penalties, and interest are paid.
17027         (c) Jobs Florida The Agency for Workforce Innovation or its
17028  tax collection service provider shall immediately notify the
17029  United States Internal Revenue Service and the United States
17030  Department of Labor when an Indian tribe fails to make
17031  reimbursements required under this section, including
17032  assessments of interest and penalty, within 90 days after a
17033  final notice of delinquency.
17034         (7) Jobs Florida The Agency for Workforce Innovation and
17035  the state agency providing unemployment tax collection services
17036  shall adopt rules necessary to administer this section.
17037         Section 287. Section 443.1316, Florida Statutes, is amended
17038  to read:
17039         443.1316 Unemployment tax collection services; interagency
17040  agreement.—
17041         (1) Jobs Florida The Agency for Workforce Innovation shall
17042  contract with the Department of Revenue, through an interagency
17043  agreement, to perform the duties of the tax collection service
17044  provider and provide other unemployment tax collection services
17045  under this chapter. Under the interagency agreement, the tax
17046  collection service provider may only implement:
17047         (a) The provisions of this chapter conferring duties upon
17048  the tax collection service provider.
17049         (b) The provisions of law conferring duties upon Jobs
17050  Florida the Agency for Workforce Innovation which are
17051  specifically delegated to the tax collection service provider in
17052  the interagency agreement.
17053         (2)(a) The Department of Revenue is considered to be
17054  administering a revenue law of this state when the department
17055  implements this chapter, or otherwise provides unemployment tax
17056  collection services, under contract with Jobs Florida the Agency
17057  for Workforce Innovation through the interagency agreement.
17058         (b) Sections 213.015(1)-(3), (5)-(7), (9)-(19), and (21);
17059  213.018; 213.025; 213.051; 213.053; 213.0532; 213.0535; 213.055;
17060  213.071; 213.10; 213.21(4); 213.2201; 213.23; 213.24; 213.25;
17061  213.27; 213.28; 213.285; 213.34(1), (3), and (4); 213.37;
17062  213.50; 213.67; 213.69; 213.692; 213.73; 213.733; 213.74; and
17063  213.757 apply to the collection of unemployment contributions
17064  and reimbursements by the Department of Revenue unless
17065  prohibited by federal law.
17066         Section 288. Section 443.1317, Florida Statutes, is amended
17067  to read:
17068         443.1317 Rulemaking authority; enforcement of rules.—
17069         (1) JOBS FLORIDA AGENCY FOR WORKFORCE INNOVATION.—
17070         (a) Except as otherwise provided in s. 443.012, Jobs
17071  Florida the Agency for Workforce Innovation has ultimate
17072  authority over the administration of the Unemployment
17073  Compensation Program.
17074         (b) Jobs Florida The Agency for Workforce Innovation may
17075  adopt rules under ss. 120.536(1) and 120.54 to administer the
17076  provisions of this chapter conferring duties upon either Jobs
17077  Florida the agency or its tax collection service provider.
17078         (2) TAX COLLECTION SERVICE PROVIDER.—The state agency
17079  providing unemployment tax collection services under contract
17080  with Jobs Florida the Agency for Workforce Innovation through an
17081  interagency agreement pursuant to s. 443.1316 may adopt rules
17082  under ss. 120.536(1) and 120.54, subject to approval by Jobs
17083  Florida the Agency for Workforce Innovation, to administer the
17084  provisions of law described in s. 443.1316(1)(a) and (b) which
17085  are within this chapter. These rules must not conflict with the
17086  rules adopted by Jobs Florida the Agency for Workforce
17087  Innovation or with the interagency agreement.
17088         (3) ENFORCEMENT OF RULES.—Jobs Florida The Agency for
17089  Workforce Innovation may enforce any rule adopted by the state
17090  agency providing unemployment tax collection services to
17091  administer this chapter. The tax collection service provider may
17092  enforce any rule adopted by Jobs Florida the Agency for
17093  Workforce Innovation to administer the provisions of law
17094  described in s. 443.1316(1)(a) and (b).
17095         Section 289. Paragraphs (b), (c), and (f) of subsection
17096  (1), subsection (2), paragraphs (f) and (g) of subsection (3),
17097  and paragraph (c) of subsection (4) of section 443.141, Florida
17098  Statutes, are amended to read:
17099         443.141 Collection of contributions and reimbursements.—
17100         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
17101  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
17102         (b) Penalty for delinquent, erroneous, incomplete, or
17103  insufficient reports.—
17104         1. An employing unit that fails to file any report required
17105  by Jobs Florida the Agency for Workforce Innovation or its tax
17106  collection service provider, in accordance with rules for
17107  administering this chapter, shall pay to the service provider
17108  for each delinquent report the sum of $25 for each 30 days or
17109  fraction thereof that the employing unit is delinquent, unless
17110  the agency or its service provider, whichever required the
17111  report, finds that the employing unit has good reason for
17112  failing to file the report. Jobs Florida The agency or its
17113  service provider may assess penalties only through the date of
17114  the issuance of the final assessment notice. However, additional
17115  penalties accrue if the delinquent report is subsequently filed.
17116         2.a. An employing unit that files an erroneous, incomplete,
17117  or insufficient report with Jobs Florida the Agency for
17118  Workforce Innovation or its tax collection service provider
17119  shall pay a penalty. The amount of the penalty is $50 or 10
17120  percent of any tax due, whichever is greater, but no more than
17121  $300 per report. The penalty shall be added to any tax, penalty,
17122  or interest otherwise due.
17123         b. Jobs Florida The agency or its tax collection service
17124  provider shall waive the penalty if the employing unit files an
17125  accurate, complete, and sufficient report within 30 days after a
17126  penalty notice is issued to the employing unit. The penalty may
17127  not be waived pursuant to this subparagraph more than one time
17128  during a 12-month period.
17129         c. As used in this subsection, the term “erroneous,
17130  incomplete, or insufficient report” means a report so lacking in
17131  information, completeness, or arrangement that the report cannot
17132  be readily understood, verified, or reviewed. Such reports
17133  include, but are not limited to, reports having missing wage or
17134  employee information, missing or incorrect social security
17135  numbers, or illegible entries; reports submitted in a format
17136  that is not approved by Jobs Florida the agency or its tax
17137  collection service provider; and reports showing gross wages
17138  that do not equal the total of the wages of each employee.
17139  However, the term does not include a report that merely contains
17140  inaccurate data that was supplied to the employer by the
17141  employee, if the employer was unaware of the inaccuracy.
17142         3. Penalties imposed pursuant to this paragraph shall be
17143  deposited in the Special Employment Security Administration
17144  Trust Fund.
17145         4. The penalty and interest for a delinquent, erroneous,
17146  incomplete, or insufficient report may be waived if the penalty
17147  or interest is inequitable. The provisions of s. 213.24(1) apply
17148  to any penalty or interest that is imposed under this section.
17149         (c) Application of partial payments.—If a delinquency
17150  exists in the employment record of an employer not in
17151  bankruptcy, a partial payment less than the total delinquency
17152  amount shall be applied to the employment record as the payor
17153  directs. In the absence of specific direction, the partial
17154  payment shall be applied to the payor’s employment record as
17155  prescribed in the rules of Jobs Florida the Agency for Workforce
17156  Innovation or the state agency providing tax collection
17157  services.
17158         (f) Adoption of rules.Jobs Florida The Agency for
17159  Workforce Innovation and the state agency providing unemployment
17160  tax collection services may adopt rules to administer this
17161  subsection.
17162         (2) REPORTS, CONTRIBUTIONS, APPEALS.—
17163         (a) Failure to make reports and pay contributions.—If an
17164  employing unit determined by the tax collection service provider
17165  to be an employer subject to this chapter fails to make and file
17166  any report as and when required by this chapter or by any rule
17167  of Jobs Florida the Agency for Workforce Innovation or the state
17168  agency providing tax collection services, for the purpose of
17169  determining the amount of contributions due by the employer
17170  under this chapter, or if any filed report is found by the
17171  service provider to be incorrect or insufficient, and the
17172  employer, after being notified in writing by the service
17173  provider to file the report, or a corrected or sufficient
17174  report, as applicable, fails to file the report within 15 days
17175  after the date of the mailing of the notice, the tax collection
17176  service provider may:
17177         1. Determine the amount of contributions due from the
17178  employer based on the information readily available to it, which
17179  determination is deemed to be prima facie correct;
17180         2. Assess the employer the amount of contributions
17181  determined to be due; and
17182         3. Immediately notify the employer by mail of the
17183  determination and assessment including penalties as provided in
17184  this chapter, if any, added and assessed, and demand payment
17185  together with interest on the amount of contributions from the
17186  date that amount was due and payable.
17187         (b) Hearings.—The determination and assessment are final 15
17188  days after the date the assessment is mailed unless the employer
17189  files with the tax collection service provider within the 15
17190  days a written protest and petition for hearing specifying the
17191  objections thereto. The tax collection service provider shall
17192  promptly review each petition and may reconsider its
17193  determination and assessment in order to resolve the
17194  petitioner’s objections. The tax collection service provider
17195  shall forward each petition remaining unresolved to Jobs Florida
17196  the Agency for Workforce Innovation for a hearing on the
17197  objections. Upon receipt of a petition, Jobs Florida the Agency
17198  for Workforce Innovation shall schedule a hearing and notify the
17199  petitioner of the time and place of the hearing. Jobs Florida
17200  The Agency for Workforce Innovation may appoint special deputies
17201  to conduct hearings and to submit their findings together with a
17202  transcript of the proceedings before them and their
17203  recommendations to Jobs Florida the agency for its final order.
17204  Special deputies are subject to the prohibition against ex parte
17205  communications in s. 120.66. At any hearing conducted by Jobs
17206  Florida the Agency for Workforce Innovation or its special
17207  deputy, evidence may be offered to support the determination and
17208  assessment or to prove it is incorrect. In order to prevail,
17209  however, the petitioner must either prove that the determination
17210  and assessment are incorrect or file full and complete corrected
17211  reports. Evidence may also be submitted at the hearing to rebut
17212  the determination by the tax collection service provider that
17213  the petitioner is an employer under this chapter. Upon evidence
17214  taken before it or upon the transcript submitted to it with the
17215  findings and recommendation of its special deputy, Jobs Florida
17216  the Agency for Workforce Innovation shall either set aside the
17217  tax collection service provider’s determination that the
17218  petitioner is an employer under this chapter or reaffirm the
17219  determination. The amounts assessed under the final order,
17220  together with interest and penalties, must be paid within 15
17221  days after notice of the final order is mailed to the employer,
17222  unless judicial review is instituted in a case of status
17223  determination. Amounts due when the status of the employer is in
17224  dispute are payable within 15 days after the entry of an order
17225  by the court affirming the determination. However, any
17226  determination that an employing unit is not an employer under
17227  this chapter does not affect the benefit rights of any
17228  individual as determined by an appeals referee or the commission
17229  unless:
17230         1. The individual is made a party to the proceedings before
17231  the special deputy; or
17232         2. The decision of the appeals referee or the commission
17233  has not become final or the employing unit and Jobs Florida the
17234  Agency for Workforce Innovation were not made parties to the
17235  proceedings before the appeals referee or the commission.
17236         (c) Appeals.Jobs Florida The Agency for Workforce
17237  Innovation and the state agency providing unemployment tax
17238  collection services shall adopt rules prescribing the procedures
17239  for an employing unit determined to be an employer to file an
17240  appeal and be afforded an opportunity for a hearing on the
17241  determination. Pending a hearing, the employing unit must file
17242  reports and pay contributions in accordance with s. 443.131.
17243         (3) COLLECTION PROCEEDINGS.—
17244         (f) Reproductions.—In any proceedings in any court under
17245  this chapter, reproductions of the original records of Jobs
17246  Florida the Agency for Workforce Innovation, its tax collection
17247  service provider, the former Agency for Workforce Innovation,
17248  the former Department of Labor and Employment Security, or the
17249  commission, including, but not limited to, photocopies or
17250  microfilm, are primary evidence in lieu of the original records
17251  or of the documents that were transcribed into those records.
17252         (g) Jeopardy assessment and warrant.—If the tax collection
17253  service provider reasonably believes that the collection of
17254  contributions or reimbursements from an employer will be
17255  jeopardized by delay, the service provider may assess the
17256  contributions or reimbursements immediately, together with
17257  interest or penalties when due, regardless of whether the
17258  contributions or reimbursements accrued are due, and may
17259  immediately issue a notice of lien and jeopardy warrant upon
17260  which proceedings may be conducted as provided in this section
17261  for notice of lien and warrant of the service provider. Within
17262  15 days after mailing the notice of lien by registered mail, the
17263  employer may protest the issuance of the lien in the same manner
17264  provided in paragraph (2)(a). The protest does not operate as a
17265  supersedeas or stay of enforcement unless the employer files
17266  with the sheriff seeking to enforce the warrant a good and
17267  sufficient surety bond in twice the amount demanded by the
17268  notice of lien or warrant. The bond must be conditioned upon
17269  payment of the amount subsequently found to be due from the
17270  employer to the tax collection service provider in the final
17271  order of Jobs Florida the Agency for Workforce Innovation upon
17272  protest of assessment. The jeopardy warrant and notice of lien
17273  are satisfied in the manner provided in this section upon
17274  payment of the amount finally determined to be due from the
17275  employer. If enforcement of the jeopardy warrant is not
17276  superseded as provided in this section, the employer is entitled
17277  to a refund from the fund of all amounts paid as contributions
17278  or reimbursements in excess of the amount finally determined to
17279  be due by the employer upon application being made as provided
17280  in this chapter.
17281         (4) MISCELLANEOUS PROVISIONS FOR COLLECTION OF
17282  CONTRIBUTIONS AND REIMBURSEMENTS.—
17283         (c) Any agent or employee designated by Jobs Florida the
17284  Agency for Workforce Innovation or its tax collection service
17285  provider may administer an oath to any person for any return or
17286  report required by this chapter or by the rules of Jobs Florida
17287  the Agency for Workforce Innovation or the state agency
17288  providing unemployment tax collection services, and an oath made
17289  before Jobs Florida the agency or its service provider or any
17290  authorized agent or employee has the same effect as an oath made
17291  before any judicial officer or notary public of the state.
17292         Section 290. Section 443.151, Florida Statutes, is amended
17293  to read:
17294         443.151 Procedure concerning claims.—
17295         (1) POSTING OF INFORMATION.—
17296         (a) Each employer must post and maintain in places readily
17297  accessible to individuals in her or his employ printed
17298  statements concerning benefit rights, claims for benefits, and
17299  other matters relating to the administration of this chapter as
17300  Jobs Florida the Agency for Workforce Innovation may by rule
17301  prescribe. Each employer must supply to individuals copies of
17302  printed statements or other materials relating to claims for
17303  benefits as directed by the agency’s rules of Jobs Florida. Jobs
17304  Florida The Agency for Workforce Innovation shall supply these
17305  printed statements and other materials to each employer without
17306  cost to the employer.
17307         (b)1. Jobs Florida The Agency for Workforce Innovation
17308  shall advise each individual filing a new claim for unemployment
17309  compensation, at the time of filing the claim, that:
17310         a. Unemployment compensation is subject to federal income
17311  tax.
17312         b. Requirements exist pertaining to estimated tax payments.
17313         c. The individual may elect to have federal income tax
17314  deducted and withheld from the individual’s payment of
17315  unemployment compensation at the amount specified in the federal
17316  Internal Revenue Code.
17317         d. The individual is not permitted to change a previously
17318  elected withholding status more than twice per calendar year.
17319         2. Amounts deducted and withheld from unemployment
17320  compensation must remain in the Unemployment Compensation Trust
17321  Fund until transferred to the federal taxing authority as
17322  payment of income tax.
17323         3. Jobs Florida The Agency for Workforce Innovation shall
17324  follow all procedures specified by the United States Department
17325  of Labor and the federal Internal Revenue Service pertaining to
17326  the deducting and withholding of income tax.
17327         4. If more than one authorized request for deduction and
17328  withholding is made, amounts must be deducted and withheld in
17329  accordance with the following priorities:
17330         a. Unemployment overpayments have first priority;
17331         b. Child support payments have second priority; and
17332         c. Withholding under this subsection has third priority.
17333         (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
17334  CLAIMANTS AND EMPLOYERS.—
17335         (a) In general.—Claims for benefits must be made in
17336  accordance with the rules adopted by Jobs Florida the Agency for
17337  Workforce Innovation. Jobs Florida The agency must notify
17338  claimants and employers regarding monetary and nonmonetary
17339  determinations of eligibility. Investigations of issues raised
17340  in connection with a claimant which may affect a claimant’s
17341  eligibility for benefits or charges to an employer’s employment
17342  record shall be conducted by Jobs Florida the agency through
17343  written, telephonic, or electronic means as prescribed by rule.
17344         (b) Process.—When the Unemployment Compensation Claims and
17345  Benefits Information System described in s. 443.1113 is fully
17346  operational, the process for filing claims must incorporate the
17347  process for registering for work with the workforce information
17348  systems established pursuant to s. 445.011. A claim for benefits
17349  may not be processed until the work registration requirement is
17350  satisfied. Jobs Florida The Agency for Workforce Innovation may
17351  adopt rules as necessary to administer the work registration
17352  requirement set forth in this paragraph.
17353         (3) DETERMINATION OF ELIGIBILITY.—
17354         (a) Notices of claim.Jobs Florida The Agency for Workforce
17355  Innovation shall promptly provide a notice of claim to the
17356  claimant’s most recent employing unit and all employers whose
17357  employment records are liable for benefits under the monetary
17358  determination. The employer must respond to the notice of claim
17359  within 20 days after the mailing date of the notice, or in lieu
17360  of mailing, within 20 days after the delivery of the notice. If
17361  a contributing employer fails to timely respond to the notice of
17362  claim, the employer’s account may not be relieved of benefit
17363  charges as provided in s. 443.131(3)(a), notwithstanding
17364  paragraph (5)(b). Jobs Florida The agency may adopt rules as
17365  necessary to implement the processes described in this paragraph
17366  relating to notices of claim.
17367         (b) Monetary determinations.—In addition to the notice of
17368  claim, Jobs Florida the agency shall also promptly provide an
17369  initial monetary determination to the claimant and each base
17370  period employer whose account is subject to being charged for
17371  its respective share of benefits on the claim. The monetary
17372  determination must include a statement of whether and in what
17373  amount the claimant is entitled to benefits, and, in the event
17374  of a denial, must state the reasons for the denial. A monetary
17375  determination for the first week of a benefit year must also
17376  include a statement of whether the claimant was paid the wages
17377  required under s. 443.091(1)(g) and, if so, the first day of the
17378  benefit year, the claimant’s weekly benefit amount, and the
17379  maximum total amount of benefits payable to the claimant for a
17380  benefit year. The monetary determination is final unless within
17381  20 days after the mailing of the notices to the parties’ last
17382  known addresses, or in lieu of mailing, within 20 days after the
17383  delivery of the notices, an appeal or written request for
17384  reconsideration is filed by the claimant or other party entitled
17385  to notice. Jobs Florida The agency may adopt rules as necessary
17386  to implement the processes described in this paragraph relating
17387  to notices of monetary determinations and the appeals or
17388  reconsideration requests filed in response to such notices.
17389         (c) Nonmonetary determinations.—If Jobs Florida the agency
17390  receives information that may result in a denial of benefits,
17391  Jobs Florida the agency must complete an investigation of the
17392  claim required by subsection (2) and provide notice of a
17393  nonmonetary determination to the claimant and the employer from
17394  whom the claimant’s reason for separation affects his or her
17395  entitlement to benefits. The determination must state the reason
17396  for the determination and whether the unemployment tax account
17397  of the contributing employer is charged for benefits paid on the
17398  claim. The nonmonetary determination is final unless within 20
17399  days after the mailing of the notices to the parties’ last known
17400  addresses, or in lieu of mailing, within 20 days after the
17401  delivery of the notices, an appeal or written request for
17402  reconsideration is filed by the claimant or other party entitled
17403  to notice. Jobs Florida The agency may adopt rules as necessary
17404  to implement the processes described in this paragraph relating
17405  to notices of nonmonetary determination and the appeals or
17406  reconsideration requests filed in response to such notices, and
17407  may adopt rules prescribing the manner and procedure by which
17408  employers within the base period of a claimant become entitled
17409  to notice of nonmonetary determination.
17410         (d) Determinations in labor dispute cases.—Whenever any
17411  claim involves a labor dispute described in s. 443.101(4), Jobs
17412  Florida the Agency for Workforce Innovation shall promptly
17413  assign the claim to a special examiner who shall make a
17414  determination on the issues involving unemployment due to the
17415  labor dispute. The special examiner shall make the determination
17416  after an investigation, as necessary. The claimant or another
17417  party entitled to notice of the determination may appeal a
17418  determination under subsection (4).
17419         (e) Redeterminations.—
17420         1. Jobs Florida The Agency for Workforce Innovation may
17421  reconsider a determination if it finds an error or if new
17422  evidence or information pertinent to the determination is
17423  discovered after a prior determination or redetermination. A
17424  redetermination may not be made more than 1 year after the last
17425  day of the benefit year unless the disqualification for making a
17426  false or fraudulent representation under s. 443.101(6) is
17427  applicable, in which case the redetermination may be made within
17428  2 years after the false or fraudulent representation. Jobs
17429  Florida The agency must promptly give notice of redetermination
17430  to the claimant and to any employers entitled to notice in the
17431  manner prescribed in this section for the notice of an initial
17432  determination.
17433         2. If the amount of benefits is increased by the
17434  redetermination, an appeal of the redetermination based solely
17435  on the increase may be filed as provided in subsection (4). If
17436  the amount of benefits is decreased by the redetermination, the
17437  redetermination may be appealed by the claimant if a subsequent
17438  claim for benefits is affected in amount or duration by the
17439  redetermination. If the final decision on the determination or
17440  redetermination to be reconsidered was made by an appeals
17441  referee, the commission, or a court, Jobs Florida the Agency for
17442  Workforce Innovation may apply for a revised decision from the
17443  body or court that made the final decision.
17444         3. If an appeal of an original determination is pending
17445  when a redetermination is issued, the appeal unless withdrawn is
17446  treated as an appeal from the redetermination.
17447         (4) APPEALS.—
17448         (a) Appeals referees.Jobs Florida The Agency for Workforce
17449  Innovation shall appoint one or more impartial salaried appeals
17450  referees in accordance with s. 443.171(3) to hear and decide
17451  appealed claims. A person may not participate on behalf of Jobs
17452  Florida the Agency for Workforce Innovation as an appeals
17453  referee in any case in which she or he is an interested party.
17454  Jobs Florida The Agency for Workforce Innovation may designate
17455  alternates to serve in the absence or disqualification of any
17456  appeals referee on a temporary basis. These alternates must have
17457  the same qualifications required of appeals referees. Jobs
17458  Florida The Agency for Workforce Innovation shall provide the
17459  commission and the appeals referees with proper facilities and
17460  assistance for the execution of their functions.
17461         (b) Filing and hearing.—
17462         1. The claimant or any other party entitled to notice of a
17463  determination may appeal an adverse determination to an appeals
17464  referee within 20 days after the date of mailing of the notice
17465  to her or his last known address or, if the notice is not
17466  mailed, within 20 days after the date of delivery of the notice.
17467         2. Unless the appeal is untimely or withdrawn or review is
17468  initiated by the commission, the appeals referee, after mailing
17469  all parties and attorneys of record a notice of hearing at least
17470  10 days before the date of hearing, notwithstanding the 14-day
17471  notice requirement in s. 120.569(2)(b), may only affirm, modify,
17472  or reverse the determination. An appeal may not be withdrawn
17473  without the permission of the appeals referee.
17474         3. However, when an appeal appears to have been filed after
17475  the permissible time limit, the Office of Appeals may issue an
17476  order to show cause to the appellant, requiring the appellant to
17477  show why the appeal should not be dismissed as untimely. If the
17478  appellant does not, within 15 days after the mailing date of the
17479  order to show cause, provide written evidence of timely filing
17480  or good cause for failure to appeal timely, the appeal shall be
17481  dismissed.
17482         4. When an appeal involves a question of whether services
17483  were performed by a claimant in employment or for an employer,
17484  the referee must give special notice of the question and of the
17485  pendency of the appeal to the employing unit and to Jobs Florida
17486  the Agency for Workforce Innovation, both of which become
17487  parties to the proceeding.
17488         5. The parties must be notified promptly of the referee’s
17489  decision. The referee’s decision is final unless further review
17490  is initiated under paragraph (c) within 20 days after the date
17491  of mailing notice of the decision to the party’s last known
17492  address or, in lieu of mailing, within 20 days after the
17493  delivery of the notice.
17494         (c) Review by commission.—The commission may, on its own
17495  motion, within the time limit in paragraph (b), initiate a
17496  review of the decision of an appeals referee. The commission may
17497  also allow Jobs Florida the Agency for Workforce Innovation or
17498  any adversely affected party entitled to notice of the decision
17499  to appeal the decision by filing an application within the time
17500  limit in paragraph (b). An adversely affected party has the
17501  right to appeal the decision if Jobs Florida’s the Agency for
17502  Workforce Innovation’s determination is not affirmed by the
17503  appeals referee. The commission may affirm, modify, or reverse
17504  the findings and conclusions of the appeals referee based on
17505  evidence previously submitted in the case or based on additional
17506  evidence taken at the direction of the commission. The
17507  commission may assume jurisdiction of or transfer to another
17508  appeals referee the proceedings on any claim pending before an
17509  appeals referee. Any proceeding in which the commission assumes
17510  jurisdiction before completion must be heard by the commission
17511  in accordance with the requirement of this subsection for
17512  proceedings before an appeals referee. When the commission
17513  denies an application to hear an appeal of an appeals referee’s
17514  decision, the decision of the appeals referee is the decision of
17515  the commission for purposes of this paragraph and is subject to
17516  judicial review within the same time and manner as decisions of
17517  the commission, except that the time for initiating review runs
17518  from the date of notice of the commission’s order denying the
17519  application to hear an appeal.
17520         (d) Procedure.—The manner that appealed claims are
17521  presented must comply with the commission’s rules. Witnesses
17522  subpoenaed under this section are allowed fees at the rate
17523  established by s. 92.142, and fees of witnesses subpoenaed on
17524  behalf of Jobs Florida the Agency for Workforce Innovation or
17525  any claimant are deemed part of the expense of administering
17526  this chapter.
17527         (e) Judicial review.—Orders of the commission entered under
17528  paragraph (c) are subject to review only by notice of appeal in
17529  the district court of appeal in the appellate district in which
17530  the issues involved were decided by an appeals referee.
17531  Notwithstanding chapter 120, the commission is a party
17532  respondent to every such proceeding. Jobs Florida The Agency for
17533  Workforce Innovation may initiate judicial review of orders in
17534  the same manner and to the same extent as any other party.
17535         (5) PAYMENT OF BENEFITS.—
17536         (a) Jobs Florida The Agency for Workforce Innovation shall
17537  promptly pay benefits in accordance with a determination or
17538  redetermination regardless of any appeal or pending appeal.
17539  Before payment of benefits to the claimant, however, each
17540  employer who is liable for reimbursements in lieu of
17541  contributions for payment of the benefits must be notified, at
17542  the address on file with Jobs Florida the Agency for Workforce
17543  Innovation or its tax collection service provider, of the
17544  initial determination of the claim and must be given 10 days to
17545  respond.
17546         (b) Jobs Florida The Agency for Workforce Innovation shall
17547  promptly pay benefits, regardless of whether a determination is
17548  under appeal if the determination allowing benefits is affirmed
17549  in any amount by an appeals referee or is affirmed by the
17550  commission, or if a decision of an appeals referee allowing
17551  benefits is affirmed in any amount by the commission. In these
17552  instances, a court may not issue an injunction, supersedeas,
17553  stay, or other writ or process suspending payment of benefits. A
17554  contributing employer that responded to the notice of claim
17555  within the time limit provided in subsection (3) may not,
17556  however, be charged with benefits paid under an erroneous
17557  determination if the decision is ultimately reversed. Benefits
17558  are not paid for any subsequent weeks of unemployment involved
17559  in a reversal.
17560         (c) The provisions of paragraph (b) relating to charging an
17561  employer liable for contributions do not apply to reimbursing
17562  employers.
17563         (6) RECOVERY AND RECOUPMENT.—
17564         (a) Any person who, by reason of her or his fraud, receives
17565  benefits under this chapter to which she or he is not entitled
17566  is liable for repaying those benefits to Jobs Florida the Agency
17567  for Workforce Innovation on behalf of the trust fund or, in the
17568  agency’s discretion of Jobs Florida, to have those benefits
17569  deducted from future benefits payable to her or him under this
17570  chapter. To enforce this paragraph, Jobs Florida the agency must
17571  find the existence of fraud through a redetermination or
17572  decision under this section within 2 years after the fraud was
17573  committed. Any recovery or recoupment of benefits must be
17574  effected within 5 years after the redetermination or decision.
17575         (b) Any person who, by reason other than her or his fraud,
17576  receives benefits under this chapter to which, under a
17577  redetermination or decision pursuant to this section, she or he
17578  is not entitled, is liable for repaying those benefits to Jobs
17579  Florida the Agency for Workforce Innovation on behalf of the
17580  trust fund or, in the agency’s discretion of Jobs Florida, to
17581  have those benefits deducted from any future benefits payable to
17582  her or him under this chapter. Any recovery or recoupment of
17583  benefits must be effected within 3 years after the
17584  redetermination or decision.
17585         (c) Any person who, by reason other than fraud, receives
17586  benefits under this chapter to which she or he is not entitled
17587  as a result of an employer’s failure to respond to a claim
17588  within the timeframe provided in subsection (3) is not liable
17589  for repaying those benefits to Jobs Florida the Agency for
17590  Workforce Innovation on behalf of the trust fund or to have
17591  those benefits deducted from any future benefits payable to her
17592  or him under this chapter.
17593         (d) Recoupment from future benefits is not permitted if the
17594  benefits are received by any person without fault on the
17595  person’s part and recoupment would defeat the purpose of this
17596  chapter or would be inequitable and against good conscience.
17597         (e) Jobs Florida The Agency for Workforce Innovation shall
17598  collect the repayment of benefits without interest by the
17599  deduction of benefits through a redetermination or by a civil
17600  action.
17601         (f) Notwithstanding any other provision of this chapter,
17602  any person who is determined by this state, a cooperating state
17603  agency, the United States Secretary of Labor, or a court to have
17604  received any payments under the Trade Act of 1974, as amended,
17605  to which the person was not entitled shall have those payments
17606  deducted from any regular benefits, as defined in s.
17607  443.1115(1)(e), payable to her or him under this chapter. Each
17608  such deduction may not exceed 50 percent of the amount otherwise
17609  payable. The payments deducted shall be remitted to the agency
17610  that issued the payments under the Trade Act of 1974, as
17611  amended, for return to the United States Treasury. Except for
17612  overpayments determined by a court, a deduction may not be made
17613  under this paragraph until a determination by the state agency
17614  or the United States Secretary of Labor is final.
17615         (7) REPRESENTATION IN ADMINISTRATIVE PROCEEDINGS.—In any
17616  administrative proceeding conducted under this chapter, an
17617  employer or a claimant has the right, at his or her own expense,
17618  to be represented by counsel or by an authorized representative.
17619  Notwithstanding s. 120.62(2), the authorized representative need
17620  not be a qualified representative.
17621         (8) BILINGUAL REQUIREMENTS.—
17622         (a) Jobs Florida The Agency for Workforce Innovation shall
17623  provide printed bilingual instructional and educational
17624  materials in the appropriate language in those counties in which
17625  5 percent or more of the households in the county are classified
17626  as a single-language minority.
17627         (b) Jobs Florida The Agency for Workforce Innovation shall
17628  ensure that one-stop career centers and appeals offices located
17629  in counties subject to the requirements of paragraph (c)
17630  prominently post notices in the appropriate languages and that
17631  translators are available in those centers and offices.
17632         (c) As used in this subsection, the term “single-language
17633  minority” means households that speak the same non-English
17634  language and that do not contain an adult fluent in English.
17635  Jobs Florida The Agency for Workforce Innovation shall develop
17636  estimates of the percentages of single-language minority
17637  households for each county by using data from the United States
17638  Bureau of the Census.
17639         Section 291. Subsection (1), paragraphs (a) and (c) of
17640  subsection (3), and subsection (4) of section 443.163, Florida
17641  Statutes, are amended to read:
17642         443.163 Electronic reporting and remitting of contributions
17643  and reimbursements.—
17644         (1) An employer may file any report and remit any
17645  contributions or reimbursements required under this chapter by
17646  electronic means. Jobs Florida The Agency for Workforce
17647  Innovation or the state agency providing unemployment tax
17648  collection services shall adopt rules prescribing the format and
17649  instructions necessary for electronically filing reports and
17650  remitting contributions and reimbursements to ensure a full
17651  collection of contributions and reimbursements due. The
17652  acceptable method of transfer, the method, form, and content of
17653  the electronic means, and the method, if any, by which the
17654  employer will be provided with an acknowledgment shall be
17655  prescribed by Jobs Florida the Agency for Workforce Innovation
17656  or its tax collection service provider. However, any employer
17657  who employed 10 or more employees in any quarter during the
17658  preceding state fiscal year must file the Employers Quarterly
17659  Reports (UCT-6) for the current calendar year and remit the
17660  contributions and reimbursements due by electronic means
17661  approved by the tax collection service provider. A person who
17662  prepared and reported for 100 or more employers in any quarter
17663  during the preceding state fiscal year must file the Employers
17664  Quarterly Reports (UCT-6) for each calendar quarter in the
17665  current calendar year, beginning with reports due for the second
17666  calendar quarter of 2003, by electronic means approved by the
17667  tax collection service provider.
17668         (3) The tax collection service provider may waive the
17669  requirement to file an Employers Quarterly Report (UCT-6) by
17670  electronic means for employers that are unable to comply despite
17671  good faith efforts or due to circumstances beyond the employer’s
17672  reasonable control.
17673         (a) As prescribed by Jobs Florida the Agency for Workforce
17674  Innovation or its tax collection service provider, grounds for
17675  approving the waiver include, but are not limited to,
17676  circumstances in which the employer does not:
17677         1. Currently file information or data electronically with
17678  any business or government agency; or
17679         2. Have a compatible computer that meets or exceeds the
17680  standards prescribed by Jobs Florida the Agency for Workforce
17681  Innovation or its tax collection service provider.
17682         (c) Jobs Florida The Agency for Workforce Innovation or the
17683  state agency providing unemployment tax collection services may
17684  establish by rule the length of time a waiver is valid and may
17685  determine whether subsequent waivers will be authorized, based
17686  on this subsection.
17687         (4) As used in this section, the term “electronic means”
17688  includes, but is not limited to, electronic data interchange;
17689  electronic funds transfer; and use of the Internet, telephone,
17690  or other technology specified by Jobs Florida the Agency for
17691  Workforce Innovation or its tax collection service provider.
17692         Section 292. Section 443.171, Florida Statutes, is amended
17693  to read:
17694         443.171 Jobs Florida Agency for Workforce Innovation and
17695  commission; powers and duties; records and reports; proceedings;
17696  state-federal cooperation.—
17697         (1) POWERS AND DUTIES.—Jobs Florida The Agency for
17698  Workforce Innovation shall administer this chapter. Jobs Florida
17699  The agency may employ those persons, make expenditures, require
17700  reports, conduct investigations, and take other action necessary
17701  or suitable to administer this chapter. Jobs Florida the Agency
17702  for Workforce Innovation shall annually submit information to
17703  Workforce Florida, Inc., covering the administration and
17704  operation of this chapter during the preceding calendar year for
17705  inclusion in the strategic plan under s. 445.006 and may make
17706  recommendations for amendment to this chapter.
17707         (2) PUBLICATION OF ACTS AND RULES.—Jobs Florida the Agency
17708  for Workforce Innovation shall cause to be printed and
17709  distributed to the public, or otherwise distributed to the
17710  public through the Internet or similar electronic means, the
17711  text of this chapter and of the rules for administering this
17712  chapter adopted by Jobs Florida the agency or the state agency
17713  providing unemployment tax collection services and any other
17714  matter relevant and suitable. Jobs Florida The Agency for
17715  Workforce Innovation shall furnish this information to any
17716  person upon request. However, any pamphlet, rules, circulars, or
17717  reports required by this chapter may not contain any matter
17718  except the actual data necessary to complete them or the actual
17719  language of the rule, together with the proper notices.
17720         (3) PERSONNEL.—Subject to chapter 110 and the other
17721  provisions of this chapter, Jobs Florida the Agency for
17722  Workforce Innovation may appoint, set the compensation of, and
17723  prescribe the duties and powers of employees, accountants,
17724  attorneys, experts, and other persons as necessary for the
17725  performance of the agency’s duties of Jobs Florida under this
17726  chapter. Jobs Florida The Agency for Workforce Innovation may
17727  delegate to any person its power and authority under this
17728  chapter as necessary for the effective administration of this
17729  chapter and may bond any person handling moneys or signing
17730  checks under this chapter. The cost of these bonds must be paid
17731  from the Employment Security Administration Trust Fund.
17732         (4) EMPLOYMENT STABILIZATION.—Jobs Florida The Agency for
17733  Workforce Innovation, under the direction of Workforce Florida,
17734  Inc., shall take all appropriate steps to reduce and prevent
17735  unemployment; to encourage and assist in the adoption of
17736  practical methods of career training, retraining, and career
17737  guidance; to investigate, recommend, advise, and assist in the
17738  establishment and operation, by municipalities, counties, school
17739  districts, and the state, of reserves for public works to be
17740  used in times of business depression and unemployment; to
17741  promote the reemployment of the unemployed workers throughout
17742  the state in every other way that may be feasible; to refer any
17743  claimant entitled to extended benefits to suitable work which
17744  meets the criteria of this chapter; and, to these ends, to carry
17745  on and publish the results of investigations and research
17746  studies.
17747         (5) RECORDS AND REPORTS.—Each employing unit shall keep
17748  true and accurate work records, containing the information
17749  required by Jobs Florida the Agency for Workforce Innovation or
17750  its tax collection service provider. These records must be open
17751  to inspection and are subject to being copied by Jobs Florida
17752  the Agency for Workforce Innovation or its tax collection
17753  service provider at any reasonable time and as often as
17754  necessary. Jobs Florida The Agency for Workforce Innovation or
17755  its tax collection service provider may require from any
17756  employing unit any sworn or unsworn reports, for persons
17757  employed by the employing unit, necessary for the effective
17758  administration of this chapter. However, a state or local
17759  governmental agency performing intelligence or
17760  counterintelligence functions need not report an employee if the
17761  head of that agency determines that reporting the employee could
17762  endanger the safety of the employee or compromise an ongoing
17763  investigation or intelligence mission. Information revealing the
17764  employing unit’s or individual’s identity obtained from the
17765  employing unit or from any individual through the administration
17766  of this chapter, is, except to the extent necessary for the
17767  proper presentation of a claim or upon written authorization of
17768  the claimant who has a workers’ compensation claim pending,
17769  confidential and exempt from s. 119.07(1). This confidential
17770  information is available only to public employees in the
17771  performance of their public duties. Any claimant, or the
17772  claimant’s legal representative, at a hearing before an appeals
17773  referee or the commission must be supplied with information from
17774  these records to the extent necessary for the proper
17775  presentation of her or his claim. Any employee or member of the
17776  commission, any employee of Jobs Florida the Agency for
17777  Workforce Innovation or its tax collection service provider, or
17778  any other person receiving confidential information who violates
17779  this subsection commits a misdemeanor of the second degree,
17780  punishable as provided in s. 775.082 or s. 775.083. However,
17781  Jobs Florida the Agency for Workforce Innovation or its tax
17782  collection service provider may furnish to any employer copies
17783  of any report previously submitted by that employer, upon the
17784  request of the employer. Jobs Florida The Agency for Workforce
17785  Innovation or its tax collection service provider may charge a
17786  reasonable fee for copies of reports, which may not exceed the
17787  actual reasonable cost of the preparation of the copies as
17788  prescribed by rules adopted by Jobs Florida the Agency for
17789  Workforce Innovation or the state agency providing tax
17790  collection services. Fees received by Jobs Florida the Agency
17791  for Workforce Innovation or its tax collection service provider
17792  for copies furnished under this subsection must be deposited in
17793  the Employment Security Administration Trust Fund.
17794         (6) OATHS AND WITNESSES.—In the discharge of the duties
17795  imposed by this chapter, Jobs Florida the Agency for Workforce
17796  Innovation, its tax collection service provider, the members of
17797  the commission, and any authorized representative of any of
17798  these entities may administer oaths and affirmations, take
17799  depositions, certify to official acts, and issue subpoenas to
17800  compel the attendance of witnesses and the production of books,
17801  papers, correspondence, memoranda, and other records deemed
17802  necessary as evidence in connection with the administration of
17803  this chapter.
17804         (7) SUBPOENAS.—If a person refuses to obey a subpoena
17805  issued to that person, any court of this state within the
17806  jurisdiction of which the inquiry is carried on, or within the
17807  jurisdiction of which the person is found, resides, or transacts
17808  business, upon application by Jobs Florida the Agency for
17809  Workforce Innovation, its tax collection service provider, the
17810  commission, or any authorized representative of any of these
17811  entities has jurisdiction to order the person to appear before
17812  the entity to produce evidence or give testimony on the matter
17813  under investigation or in question. Failure to obey the order of
17814  the court may be punished by the court as contempt. Any person
17815  who fails or refuses without just cause to appear or testify; to
17816  answer any lawful inquiry; or to produce books, papers,
17817  correspondence, memoranda, and other records within her or his
17818  control as commanded in a subpoena of Jobs Florida the Agency
17819  for Workforce Innovation, its tax collection service provider,
17820  the commission, or any authorized representative of any of these
17821  entities commits a misdemeanor of the second degree, punishable
17822  as provided in s. 775.082 or s. 775.083. Each day that a
17823  violation continues is a separate offense.
17824         (8) PROTECTION AGAINST SELF-INCRIMINATION.—A person is not
17825  excused from appearing or testifying, or from producing books,
17826  papers, correspondence, memoranda, or other records, before Jobs
17827  Florida the Agency for Workforce Innovation, its tax collection
17828  service provider, the commission, or any authorized
17829  representative of any of these entities or as commanded in a
17830  subpoena of any of these entities in any proceeding before Jobs
17831  Florida the Agency for Workforce Innovation, the commission, an
17832  appeals referee, or a special deputy on the ground that the
17833  testimony or evidence, documentary or otherwise, required of the
17834  person may incriminate her or him or subject her or him to a
17835  penalty or forfeiture. That person may not be prosecuted or
17836  subjected to any penalty or forfeiture for or on account of any
17837  transaction, matter, or thing concerning which she or he is
17838  compelled, after having claimed her or his privilege against
17839  self-incrimination, to testify or produce evidence, documentary
17840  or otherwise, except that the person testifying is not exempt
17841  from prosecution and punishment for perjury committed while
17842  testifying.
17843         (9) STATE-FEDERAL COOPERATION.—
17844         (a)1. In the administration of this chapter, Jobs Florida
17845  the Agency for Workforce Innovation and its tax collection
17846  service provider shall cooperate with the United States
17847  Department of Labor to the fullest extent consistent with this
17848  chapter and shall take those actions, through the adoption of
17849  appropriate rules, administrative methods, and standards,
17850  necessary to secure for this state all advantages available
17851  under the provisions of federal law relating to unemployment
17852  compensation.
17853         2. In the administration of the provisions in s. 443.1115,
17854  which are enacted to conform with the Federal-State Extended
17855  Unemployment Compensation Act of 1970, Jobs Florida the Agency
17856  for Workforce Innovation shall take those actions necessary to
17857  ensure that those provisions are interpreted and applied to meet
17858  the requirements of the federal act as interpreted by the United
17859  States Department of Labor and to secure for this state the full
17860  reimbursement of the federal share of extended benefits paid
17861  under this chapter which is reimbursable under the federal act.
17862         3. Jobs Florida The Agency for Workforce Innovation and its
17863  tax collection service provider shall comply with the
17864  regulations of the United States Department of Labor relating to
17865  the receipt or expenditure by this state of funds granted under
17866  federal law; shall submit the reports in the form and containing
17867  the information the United States Department of Labor requires;
17868  and shall comply with directions of the United States Department
17869  of Labor necessary to assure the correctness and verification of
17870  these reports.
17871         (b) Jobs Florida the Agency for Workforce Innovation and
17872  its tax collection service provider may cooperate with every
17873  agency of the United States charged with administration of any
17874  unemployment insurance law.
17875         (c) Jobs Florida The Agency for Workforce Innovation and
17876  its tax collection service provider shall cooperate with the
17877  agencies of other states, and shall make every proper effort
17878  within their means, to oppose and prevent any further action
17879  leading to the complete or substantial federalization of state
17880  unemployment compensation funds or state employment security
17881  programs. Jobs Florida The Agency for Workforce Innovation and
17882  its tax collection service provider may make, and may cooperate
17883  with other appropriate agencies in making, studies as to the
17884  practicability and probable cost of possible new state
17885  administered social security programs and the relative
17886  desirability of state, rather than federal, action in that field
17887  of study.
17888         Section 293. Subsections (1) and (2) of section 443.1715,
17889  Florida Statutes, are amended to read:
17890         443.1715 Disclosure of information; confidentiality.—
17891         (1) RECORDS AND REPORTS.—Information revealing an employing
17892  unit’s or individual’s identity obtained from the employing unit
17893  or any individual under the administration of this chapter, and
17894  any determination revealing that information, except to the
17895  extent necessary for the proper presentation of a claim or upon
17896  written authorization of the claimant who has a workers’
17897  compensation claim pending or is receiving compensation
17898  benefits, is confidential and exempt from s. 119.07(1) and s.
17899  24(a), Art. I of the State Constitution. This confidential
17900  information may be released only to public employees in the
17901  performance of their public duties. Except as otherwise provided
17902  by law, public employees receiving this confidential information
17903  must maintain the confidentiality of the information. Any
17904  claimant, or the claimant’s legal representative, at a hearing
17905  before an appeals referee or the commission is entitled to
17906  information from these records to the extent necessary for the
17907  proper presentation of her or his claim. A person receiving
17908  confidential information who violates this subsection commits a
17909  misdemeanor of the second degree, punishable as provided in s.
17910  775.082 or s. 775.083. Jobs Florida The Agency for Workforce
17911  Innovation or its tax collection service provider may, however,
17912  furnish to any employer copies of any report submitted by that
17913  employer upon the request of the employer and may furnish to any
17914  claimant copies of any report submitted by that claimant upon
17915  the request of the claimant. Jobs Florida The Agency for
17916  Workforce Innovation or its tax collection service provider may
17917  charge a reasonable fee for copies of these reports as
17918  prescribed by rule, which may not exceed the actual reasonable
17919  cost of the preparation of the copies. Fees received for copies
17920  under this subsection must be deposited in the Employment
17921  Security Administration Trust Fund.
17922         (2) DISCLOSURE OF INFORMATION.—
17923         (a) Subject to restrictions Jobs Florida the Agency for
17924  Workforce Innovation or the state agency providing unemployment
17925  tax collection services adopts by rule, information declared
17926  confidential under this section is available to any agency of
17927  this or any other state, or any federal agency, charged with the
17928  administration of any unemployment compensation law or the
17929  maintenance of the one-stop delivery system, or the Bureau of
17930  Internal Revenue of the United States Department of the
17931  Treasury, the Governor’s Office of Tourism, Trade, and Economic
17932  Development, or the Florida Department of Revenue. Information
17933  obtained in connection with the administration of the one-stop
17934  delivery system may be made available to persons or agencies for
17935  purposes appropriate to the operation of a public employment
17936  service or a job-preparatory or career education or training
17937  program. Jobs Florida The Agency for Workforce Innovation shall,
17938  on a quarterly basis, furnish the National Directory of New
17939  Hires with information concerning the wages and unemployment
17940  benefits paid to individuals, by the dates, in the format, and
17941  containing the information specified in the regulations of the
17942  United States Secretary of Health and Human Services. Upon
17943  request, Jobs Florida the Agency for Workforce Innovation shall
17944  furnish any agency of the United States charged with the
17945  administration of public works or assistance through public
17946  employment, and may furnish to any state agency similarly
17947  charged, the name, address, ordinary occupation, and employment
17948  status of each recipient of benefits and the recipient’s rights
17949  to further benefits under this chapter. Except as otherwise
17950  provided by law, the receiving agency must retain the
17951  confidentiality of this information as provided in this section.
17952  The tax collection service provider may request the Comptroller
17953  of the Currency of the United States to examine the correctness
17954  of any return or report of any national banking association
17955  rendered under this chapter and may in connection with that
17956  request transmit any report or return for examination to the
17957  Comptroller of the Currency of the United States as provided in
17958  s. 3305(c) of the federal Internal Revenue Code.
17959         (b) The employer or the employer’s workers’ compensation
17960  carrier against whom a claim for benefits under chapter 440 has
17961  been made, or a representative of either, may request from Jobs
17962  Florida the Agency for Workforce Innovation records of wages of
17963  the employee reported to Jobs Florida the agency by any employer
17964  for the quarter that includes the date of the accident that is
17965  the subject of such claim and for subsequent quarters.
17966         1. The request must be made with the authorization or
17967  consent of the employee or any employer who paid wages to the
17968  employee after the date of the accident.
17969         2. The employer or carrier shall make the request on a form
17970  prescribed by rule for such purpose by the agency. Such form
17971  shall contain a certification by the requesting party that it is
17972  a party entitled to the information requested.
17973         3. Jobs Florida The agency shall provide the most current
17974  information readily available within 15 days after receiving the
17975  request.
17976         Section 294. Section 443.181, Florida Statutes, is amended
17977  to read:
17978         443.181 Public employment service.—
17979         (1) The one-stop delivery system established under s.
17980  445.009 is this state’s public employment service as part of the
17981  national system of public employment offices under 29 U.S.C. s.
17982  49. Jobs Florida The Agency for Workforce Innovation, under
17983  policy direction from Workforce Florida, Inc., shall cooperate
17984  with any official or agency of the United States having power or
17985  duties under 29 U.S.C. ss. 49-49l-1 and shall perform those
17986  duties necessary to secure to this state the funds provided
17987  under federal law for the promotion and maintenance of the
17988  state’s public employment service. In accordance with 29 U.S.C.
17989  s. 49c, this state accepts 29 U.S.C. ss. 49-49l-1. Jobs Florida
17990  The Agency for Workforce Innovation is designated the state
17991  agency responsible for cooperating with the United States
17992  Secretary of Labor under 29 U.S.C. s. 49c. Jobs Florida The
17993  Agency for Workforce Innovation shall appoint sufficient
17994  employees to administer this section. Jobs Florida The Agency
17995  for Workforce Innovation may cooperate with or enter into
17996  agreements with the Railroad Retirement Board for the
17997  establishment, maintenance, and use of one-stop career centers.
17998         (2) All funds received by this state under 29 U.S.C. ss.
17999  49-49l-1 must be paid into the Employment Security
18000  Administration Trust Fund, and these funds are available to Jobs
18001  Florida the Agency for Workforce Innovation for expenditure as
18002  provided by this chapter or by federal law. For the purpose of
18003  establishing and maintaining one-stop career centers, Jobs
18004  Florida the Agency for Workforce Innovation may enter into
18005  agreements with the Railroad Retirement Board or any other
18006  agency of the United States charged with the administration of
18007  an unemployment compensation law, with any political subdivision
18008  of this state, or with any private, nonprofit organization. As a
18009  part of any such agreement, Jobs Florida the Agency for
18010  Workforce Innovation may accept moneys, services, or quarters as
18011  a contribution to the Employment Security Administration Trust
18012  Fund.
18013         Section 295. Subsections (1), (2), (3), and (4) of section
18014  443.191, Florida Statutes, are amended to read:
18015         443.191 Unemployment Compensation Trust Fund; establishment
18016  and control.—
18017         (1) There is established, as a separate trust fund apart
18018  from all other public funds of this state, an Unemployment
18019  Compensation Trust Fund, which shall be administered by Jobs
18020  Florida the Agency for Workforce Innovation exclusively for the
18021  purposes of this chapter. The fund shall consist of:
18022         (a) All contributions and reimbursements collected under
18023  this chapter;
18024         (b) Interest earned on any moneys in the fund;
18025         (c) Any property or securities acquired through the use of
18026  moneys belonging to the fund;
18027         (d) All earnings of these properties or securities;
18028         (e) All money credited to this state’s account in the
18029  federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
18030  1103; and
18031         (f) Advances on the amount in the federal Unemployment
18032  Compensation Trust Fund credited to the state under 42 U.S.C. s.
18033  1321, as requested by the Governor or the Governor’s designee.
18034  
18035  Except as otherwise provided in s. 443.1313(4), all moneys in
18036  the fund shall be mingled and undivided.
18037         (2) The Chief Financial Officer is the ex officio treasurer
18038  and custodian of the fund and shall administer the fund in
18039  accordance with the directions of Jobs Florida the Agency for
18040  Workforce Innovation. All payments from the fund must be
18041  approved by Jobs Florida the Agency for Workforce Innovation or
18042  by an authorized agent. The Chief Financial Officer shall
18043  maintain within the fund three separate accounts:
18044         (a) A clearing account;
18045         (b) An Unemployment Compensation Trust Fund account; and
18046         (c) A benefit account.
18047  
18048  All moneys payable to the fund, including moneys received from
18049  the United States as reimbursement for extended benefits paid by
18050  Jobs Florida the Agency for Workforce Innovation, must be
18051  forwarded to the Chief Financial Officer, who shall immediately
18052  deposit them in the clearing account. Refunds payable under s.
18053  443.141 may be paid from the clearing account. After clearance,
18054  all other moneys in the clearing account must be immediately
18055  deposited with the Secretary of the Treasury of the United
18056  States to the credit of this state’s account in the federal
18057  Unemployment Compensation Trust Fund notwithstanding any state
18058  law relating to the deposit, administration, release, or
18059  disbursement of moneys in the possession or custody of this
18060  state. The benefit account consists of all moneys requisitioned
18061  from this state’s account in the federal Unemployment
18062  Compensation Trust Fund. Except as otherwise provided by law,
18063  moneys in the clearing and benefit accounts may be deposited by
18064  the Chief Financial Officer, under the direction of Jobs Florida
18065  the Agency for Workforce Innovation, in any bank or public
18066  depository in which general funds of the state are deposited,
18067  but a public deposit insurance charge or premium may not be paid
18068  out of the fund. If any warrant issued against the clearing
18069  account or the benefit account is not presented for payment
18070  within 1 year after issuance, the Chief Financial Officer must
18071  cancel the warrant and credit without restriction the amount of
18072  the warrant to the account upon which it is drawn. When the
18073  payee or person entitled to a canceled warrant requests payment
18074  of the warrant, the Chief Financial Officer, upon direction of
18075  Jobs Florida the Agency for Workforce Innovation, must issue a
18076  new warrant, payable from the account against which the canceled
18077  warrant was drawn.
18078         (3) Moneys may only be requisitioned from the state’s
18079  account in the federal Unemployment Compensation Trust Fund
18080  solely for the payment of benefits and extended benefits and for
18081  payment in accordance with rules prescribed by Jobs Florida the
18082  Agency for Workforce Innovation, or for the repayment of
18083  advances made pursuant to 42 U.S.C. s. 1321, as authorized by
18084  the Governor or the Governor’s designee, except that money
18085  credited to this state’s account under 42 U.S.C. s. 1103 may
18086  only be used exclusively as provided in subsection (5). Jobs
18087  Florida The Agency for Workforce Innovation, through the Chief
18088  Financial Officer, shall requisition from the federal
18089  Unemployment Compensation Trust Fund amounts, not exceeding the
18090  amounts credited to this state’s account in the fund, as
18091  necessary for the payment of benefits and extended benefits for
18092  a reasonable future period. Upon receipt of these amounts, the
18093  Chief Financial Officer shall deposit the moneys in the benefit
18094  account in the State Treasury and warrants for the payment of
18095  benefits and extended benefits shall be drawn upon the order of
18096  Jobs Florida the Agency for Workforce Innovation against the
18097  account. All warrants for benefits and extended benefits are
18098  payable directly to the ultimate beneficiary. Expenditures of
18099  these moneys in the benefit account and refunds from the
18100  clearing account are not subject to any law requiring specific
18101  appropriations or other formal release by state officers of
18102  money in their custody. All warrants issued for the payment of
18103  benefits and refunds must bear the signature of the Chief
18104  Financial Officer. Any balance of moneys requisitioned from this
18105  state’s account in the federal Unemployment Compensation Trust
18106  Fund which remains unclaimed or unpaid in the benefit account
18107  after the period for which the moneys were requisitioned shall
18108  be deducted from estimates for, and may be used for the payment
18109  of, benefits and extended benefits during succeeding periods,
18110  or, in the discretion of Jobs Florida the Agency for Workforce
18111  Innovation, shall be redeposited with the Secretary of the
18112  Treasury of the United States, to the credit of this state’s
18113  account in the federal Unemployment Compensation Trust Fund, as
18114  provided in subsection (2).
18115         (4) Subsections (1), (2), and (3), to the extent they
18116  relate to the federal Unemployment Compensation Trust Fund,
18117  apply only while the fund continues to exist and while the
18118  Secretary of the Treasury of the United States continues to
18119  maintain for this state a separate account of all funds
18120  deposited by this state for the payment of benefits, together
18121  with this state’s proportionate share of the earnings of the
18122  federal Unemployment Compensation Trust Fund, from which no
18123  other state is permitted to make withdrawals. If the federal
18124  Unemployment Compensation Trust Fund ceases to exist, or the
18125  separate account is no longer maintained, all moneys,
18126  properties, or securities belonging to this state’s account in
18127  the federal Unemployment Compensation Trust Fund must be
18128  transferred to the treasurer of the Unemployment Compensation
18129  Trust Fund, who must hold, invest, transfer, sell, deposit, and
18130  release those moneys, properties, or securities in a manner
18131  approved by Jobs Florida the Agency for Workforce Innovation in
18132  accordance with this chapter. These moneys must, however, be
18133  invested in the following readily marketable classes of
18134  securities: bonds or other interest-bearing obligations of the
18135  United States or of the state. Further, the investment must at
18136  all times be made in a manner that allows all the assets of the
18137  fund to always be readily convertible into cash when needed for
18138  the payment of benefits. The treasurer may only dispose of
18139  securities or other properties belonging to the Unemployment
18140  Compensation Trust Fund under the direction of Jobs Florida the
18141  Agency for Workforce Innovation.
18142         Section 296. Section 443.211, Florida Statutes, is amended
18143  to read:
18144         443.211 Employment Security Administration Trust Fund;
18145  appropriation; reimbursement.—
18146         (1) EMPLOYMENT SECURITY ADMINISTRATION TRUST FUND.—There is
18147  created in the State Treasury the “Employment Security
18148  Administration Trust Fund.” All moneys deposited into this fund
18149  remain continuously available to Jobs Florida the Agency for
18150  Workforce Innovation for expenditure in accordance with this
18151  chapter and do not revert at any time and may not be transferred
18152  to any other fund. All moneys in this fund which are received
18153  from the Federal Government or any federal agency or which are
18154  appropriated by this state under ss. 443.171 and 443.181, except
18155  money received under s. 443.191(5)(c), must be expended solely
18156  for the purposes and in the amounts found necessary by the
18157  authorized cooperating federal agencies for the proper and
18158  efficient administration of this chapter. The fund consists of:
18159  all moneys appropriated by this state; all moneys received from
18160  the United States or any federal agency; all moneys received
18161  from any other source for the administration of this chapter;
18162  any funds collected for enhanced, specialized, or value-added
18163  labor market information services; any moneys received from any
18164  agency of the United States or any other state as compensation
18165  for services or facilities supplied to that agency; any amounts
18166  received from any surety bond or insurance policy or from other
18167  sources for losses sustained by the Employment Security
18168  Administration Trust Fund or by reason of damage to equipment or
18169  supplies purchased from moneys in the fund; and any proceeds
18170  from the sale or disposition of such equipment or supplies. All
18171  money requisitioned and deposited in this fund under s.
18172  443.191(5)(c) remains part of the Unemployment Compensation
18173  Trust Fund and must be used only in accordance with s.
18174  443.191(5). All moneys in this fund must be deposited,
18175  administered, and disbursed in the same manner and under the
18176  same conditions and requirements as provided by law for other
18177  trust funds in the State Treasury. These moneys must be secured
18178  by the depositary in which they are held to the same extent and
18179  in the same manner as required by the general depositary law of
18180  the state, and collateral pledged must be maintained in a
18181  separate custody account. All payments from the Employment
18182  Security Administration Trust Fund must be approved by Jobs
18183  Florida the Agency for Workforce Innovation or by an authorized
18184  agent and must be made by the Chief Financial Officer. Any
18185  balances in this fund do not revert at any time and must remain
18186  continuously available to Jobs Florida the Agency for Workforce
18187  Innovation for expenditure consistent with this chapter.
18188         (2) SPECIAL EMPLOYMENT SECURITY ADMINISTRATION TRUST FUND.
18189  There is created in the State Treasury the “Special Employment
18190  Security Administration Trust Fund,” into which shall be
18191  deposited or transferred all interest on contributions and
18192  reimbursements, penalties, and fines or fees collected under
18193  this chapter. Interest on contributions and reimbursements,
18194  penalties, and fines or fees deposited during any calendar
18195  quarter in the clearing account in the Unemployment Compensation
18196  Trust Fund shall, as soon as practicable after the close of that
18197  calendar quarter and upon certification of Jobs Florida the
18198  Agency for Workforce Innovation, be transferred to the Special
18199  Employment Security Administration Trust Fund. The amount
18200  certified by Jobs Florida the Agency for Workforce Innovation as
18201  required under this chapter to pay refunds of interest on
18202  contributions and reimbursements, penalties, and fines or fees
18203  collected and erroneously deposited into the clearing account in
18204  the Unemployment Compensation Trust Fund shall, however, be
18205  withheld from this transfer. The interest and penalties
18206  certified for transfer are deemed as being erroneously deposited
18207  in the clearing account, and their transfer to the Special
18208  Employment Security Administration Trust Fund is deemed to be a
18209  refund of the erroneous deposits. All moneys in this fund shall
18210  be deposited, administered, and disbursed in the same manner and
18211  under the same requirements as provided by law for other trust
18212  funds in the State Treasury. These moneys may not be expended or
18213  be available for expenditure in any manner that would permit
18214  their substitution for, or permit a corresponding reduction in,
18215  federal funds that would, in the absence of these moneys, be
18216  available to finance expenditures for the administration of this
18217  chapter. This section does not prevent these moneys from being
18218  used as a revolving fund to cover lawful expenditures for which
18219  federal funds are requested but not yet received, subject to the
18220  charging of the expenditures against the funds when received.
18221  The moneys in this fund, with the approval of the Executive
18222  Office of the Governor, shall be used by Jobs Florida the Agency
18223  for Workforce Innovation for paying administrative costs that
18224  are not chargeable against funds obtained from federal sources.
18225  All moneys in the Special Employment Security Administration
18226  Trust Fund shall be continuously available to Jobs Florida the
18227  Agency for Workforce Innovation for expenditure in accordance
18228  with this chapter and do not revert at any time. All payments
18229  from the Special Employment Security Administration Trust Fund
18230  must be approved by Jobs Florida the Agency for Workforce
18231  Innovation or by an authorized agent and shall be made by the
18232  Chief Financial Officer. The moneys in this fund are available
18233  to replace, as contemplated by subsection (3), expenditures from
18234  the Employment Security Administration Trust Fund which the
18235  United States Secretary of Labor, or other authorized federal
18236  agency or authority, finds are lost or improperly expended
18237  because of any action or contingency. The Chief Financial
18238  Officer is liable on her or his official bond for the faithful
18239  performance of her or his duties in connection with the Special
18240  Employment Security Administration Trust Fund.
18241         (3) REIMBURSEMENT OF FUND.—If any moneys received from the
18242  United States Secretary of Labor under 42 U.S.C. ss. 501-504,
18243  any unencumbered balances in the Employment Security
18244  Administration Trust Fund, any moneys granted to this state
18245  under the Wagner-Peyser Act, or any moneys made available by
18246  this state or its political subdivisions and matched by the
18247  moneys granted to this state under the Wagner-Peyser Act, are
18248  after reasonable notice and opportunity for hearing, found by
18249  the United States Secretary of Labor, because of any action or
18250  contingency, to be lost or expended for purposes other than, or
18251  in amounts in excess of, those allowed by the United States
18252  Secretary of Labor for the administration of this chapter, these
18253  moneys shall be replaced by moneys appropriated for that purpose
18254  from the General Revenue Fund to the Employment Security
18255  Administration Trust Fund for expenditure as provided in
18256  subsection (1). Upon receipt of notice of such a finding by the
18257  United States Secretary of Labor, Jobs Florida the Agency for
18258  Workforce Innovation shall promptly report the amount required
18259  for replacement to the Governor. The Governor shall, at the
18260  earliest opportunity, submit to the Legislature a request for
18261  the appropriation of the replacement funds.
18262         (4) RESPONSIBILITY FOR TRUST FUNDS.—In connection with its
18263  duties under s. 443.181, Jobs Florida the Agency for Workforce
18264  Innovation is responsible for the deposit, requisition,
18265  expenditure, approval of payment, reimbursement, and reporting
18266  in regard to the trust funds established by this section.
18267         Section 297. Section 443.221, Florida Statutes, is amended
18268  to read:
18269         443.221 Reciprocal arrangements.—
18270         (1)(a) Jobs Florida The Agency for Workforce Innovation or
18271  its tax collection service provider may enter into reciprocal
18272  arrangements with other states or with the Federal Government,
18273  or both, for considering services performed by an individual for
18274  a single employing unit for which services are performed by the
18275  individual in more than one state as services performed entirely
18276  within any one of the states:
18277         1. In which any part of the individual’s service is
18278  performed;
18279         2. In which the individual has her or his residence; or
18280         3. In which the employing unit maintains a place of
18281  business.
18282         (b) For services to be considered as performed within a
18283  state under a reciprocal agreement, the employing unit must have
18284  an election in effect for those services, which is approved by
18285  the agency charged with the administration of such state’s
18286  unemployment compensation law, under which all the services
18287  performed by the individual for the employing unit are deemed to
18288  be performed entirely within that state.
18289         (c) Jobs Florida The Agency for Workforce Innovation shall
18290  participate in any arrangements for the payment of compensation
18291  on the basis of combining an individual’s wages and employment
18292  covered under this chapter with her or his wages and employment
18293  covered under the unemployment compensation laws of other
18294  states, which are approved by the United States Secretary of
18295  Labor, in consultation with the state unemployment compensation
18296  agencies, as reasonably calculated to assure the prompt and full
18297  payment of compensation in those situations and which include
18298  provisions for:
18299         1. Applying the base period of a single state law to a
18300  claim involving the combining of an individual’s wages and
18301  employment covered under two or more state unemployment
18302  compensation laws; and
18303         2. Avoiding the duplicate use of wages and employment
18304  because of the combination.
18305         (d) Contributions or reimbursements due under this chapter
18306  with respect to wages for insured work are, for the purposes of
18307  ss. 443.131, 443.1312, 443.1313, and 443.141, deemed to be paid
18308  to the fund as of the date payment was made as contributions or
18309  reimbursements therefor under another state or federal
18310  unemployment compensation law, but an arrangement may not be
18311  entered into unless it contains provisions for reimbursement to
18312  the fund of the contributions or reimbursements and the actual
18313  earnings thereon as Jobs Florida the Agency for Workforce
18314  Innovation or its tax collection service provider finds are fair
18315  and reasonable as to all affected interests.
18316         (2) Jobs Florida The Agency for Workforce Innovation or its
18317  tax collection service provider may make to other state or
18318  federal agencies and receive from these other state or federal
18319  agencies reimbursements from or to the fund, in accordance with
18320  arrangements entered into under subsection (1).
18321         (3) Jobs Florida The Agency for Workforce Innovation or its
18322  tax collection service provider may enter into reciprocal
18323  arrangements with other states or the Federal Government, or
18324  both, for exchanging services, determining and enforcing payment
18325  obligations, and making available facilities and information.
18326  Jobs Florida The Agency for Workforce Innovation or its tax
18327  collection service provider may conduct investigations, secure
18328  and transmit information, make available services and
18329  facilities, and exercise other powers provided under this
18330  chapter to facilitate the administration of any unemployment
18331  compensation or public employment service law and, in a similar
18332  manner, accept and use information, services, and facilities
18333  made available to this state by the agency charged with the
18334  administration of any other unemployment compensation or public
18335  employment service law.
18336         (4) To the extent permissible under federal law, Jobs
18337  Florida the Agency for Workforce Innovation may enter into or
18338  cooperate in arrangements whereby facilities and services
18339  provided under this chapter and facilities and services provided
18340  under the unemployment compensation law of any foreign
18341  government may be used for the taking of claims and the payment
18342  of benefits under the employment security law of the state or
18343  under a similar law of that government.
18344         Section 298. Section 445.002, Florida Statutes, is amended
18345  to read:
18346         445.002 Definitions.—As used in this chapter, the term:
18347         (1) “Agency” means the Agency for Workforce Innovation.
18348         (1)(2) “Services and one-time payments” or “services,” when
18349  used in reference to individuals who are not receiving temporary
18350  cash assistance, means nonrecurrent, short-term benefits
18351  designed to deal with a specific crisis situation or episode of
18352  need and other services; work subsidies; supportive services
18353  such as child care and transportation; services such as
18354  counseling, case management, peer support, and child care
18355  information and referral; transitional services, job retention,
18356  job advancement, and other employment-related services;
18357  nonmedical treatment for substance abuse or mental health
18358  problems; teen pregnancy prevention; two-parent family support,
18359  including noncustodial parent employment; court-ordered
18360  supervised visitation, and responsible fatherhood services; and
18361  any other services that are reasonably calculated to further the
18362  purposes of the welfare transition program. Such terms do not
18363  include assistance as defined in federal regulations at 45
18364  C.F.R. s. 260.31(a).
18365         (2)(3) “Welfare transition services” means those workforce
18366  services provided to current or former recipients of temporary
18367  cash assistance under chapter 414.
18368         Section 299. Subsection (3) of section 445.003, Florida
18369  Statutes, is amended to read:
18370         445.003 Implementation of the federal Workforce Investment
18371  Act of 1998.—
18372         (3) FUNDING.—
18373         (a) Title I, Workforce Investment Act of 1998 funds;
18374  Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
18375  based on the 5-year plan of Workforce Florida, Inc. The plan
18376  shall outline and direct the method used to administer and
18377  coordinate various funds and programs that are operated by
18378  various agencies. The following provisions shall also apply to
18379  these funds:
18380         1. At least 50 percent of the Title I funds for Adults and
18381  Dislocated Workers that are passed through to regional workforce
18382  boards shall be allocated to Individual Training Accounts unless
18383  a regional workforce board obtains a waiver from Workforce
18384  Florida, Inc. Tuition and fees qualify as an Individual Training
18385  Account expenditure, as do other programs developed by regional
18386  workforce boards in compliance with policies of Workforce
18387  Florida, Inc.
18388         2. Fifteen percent of Title I funding shall be retained at
18389  the state level and shall be dedicated to state administration
18390  and used to design, develop, induce, and fund innovative
18391  Individual Training Account pilots, demonstrations, and
18392  programs. Of such funds retained at the state level, $2 million
18393  shall be reserved for the Incumbent Worker Training Program,
18394  created under s. 288.048 subparagraph 3. Eligible state
18395  administration costs include the costs of: funding for the board
18396  and staff of Workforce Florida, Inc.; operating fiscal,
18397  compliance, and management accountability systems through
18398  Workforce Florida, Inc.; conducting evaluation and research on
18399  workforce development activities; and providing technical and
18400  capacity building assistance to regions at the direction of
18401  Workforce Florida, Inc. Notwithstanding s. 445.004, such
18402  administrative costs shall not exceed 25 percent of these funds.
18403  An amount not to exceed 75 percent of these funds shall be
18404  allocated to Individual Training Accounts and other workforce
18405  development strategies for other training designed and tailored
18406  by Workforce Florida, Inc., including, but not limited to,
18407  programs for incumbent workers, displaced homemakers,
18408  nontraditional employment, and enterprise zones. Workforce
18409  Florida, Inc., shall design, adopt, and fund Individual Training
18410  Accounts for distressed urban and rural communities.
18411         3. The Incumbent Worker Training Program is created for the
18412  purpose of providing grant funding for continuing education and
18413  training of incumbent employees at existing Florida businesses.
18414  The program will provide reimbursement grants to businesses that
18415  pay for preapproved, direct, training-related costs.
18416         a. The Incumbent Worker Training Program will be
18417  administered by Workforce Florida, Inc. Workforce Florida, Inc.,
18418  at its discretion, may contract with a private business
18419  organization to serve as grant administrator.
18420         b. To be eligible for the program’s grant funding, a
18421  business must have been in operation in Florida for a minimum of
18422  1 year prior to the application for grant funding; have at least
18423  one full-time employee; demonstrate financial viability; and be
18424  current on all state tax obligations. Priority for funding shall
18425  be given to businesses with 25 employees or fewer, businesses in
18426  rural areas, businesses in distressed inner-city areas,
18427  businesses in a qualified targeted industry, businesses whose
18428  grant proposals represent a significant upgrade in employee
18429  skills, or businesses whose grant proposals represent a
18430  significant layoff avoidance strategy.
18431         c. All costs reimbursed by the program must be preapproved
18432  by Workforce Florida, Inc., or the grant administrator. The
18433  program will not reimburse businesses for trainee wages, the
18434  purchase of capital equipment, or the purchase of any item or
18435  service that may possibly be used outside the training project.
18436  A business approved for a grant may be reimbursed for
18437  preapproved, direct, training-related costs including tuition;
18438  fees; books and training materials; and overhead or indirect
18439  costs not to exceed 5 percent of the grant amount.
18440         d. A business that is selected to receive grant funding
18441  must provide a matching contribution to the training project,
18442  including, but not limited to, wages paid to trainees or the
18443  purchase of capital equipment used in the training project; must
18444  sign an agreement with Workforce Florida, Inc., or the grant
18445  administrator to complete the training project as proposed in
18446  the application; must keep accurate records of the project’s
18447  implementation process; and must submit monthly or quarterly
18448  reimbursement requests with required documentation.
18449         e. All Incumbent Worker Training Program grant projects
18450  shall be performance-based with specific measurable performance
18451  outcomes, including completion of the training project and job
18452  retention. Workforce Florida, Inc., or the grant administrator
18453  shall withhold the final payment to the grantee until a final
18454  grant report is submitted and all performance criteria specified
18455  in the grant contract have been achieved.
18456         f. Workforce Florida, Inc., may establish guidelines
18457  necessary to implement the Incumbent Worker Training Program.
18458         g. No more than 10 percent of the Incumbent Worker Training
18459  Program’s total appropriation may be used for overhead or
18460  indirect purposes.
18461         3.4. At least 50 percent of Rapid Response funding shall be
18462  dedicated to Intensive Services Accounts and Individual Training
18463  Accounts for dislocated workers and incumbent workers who are at
18464  risk of dislocation. Workforce Florida, Inc., shall also
18465  maintain an Emergency Preparedness Fund from Rapid Response
18466  funds which will immediately issue Intensive Service Accounts
18467  and Individual Training Accounts as well as other federally
18468  authorized assistance to eligible victims of natural or other
18469  disasters. At the direction of the Governor, for events that
18470  qualify under federal law, these Rapid Response funds shall be
18471  released to regional workforce boards for immediate use. Funding
18472  shall also be dedicated to maintain a unit at the state level to
18473  respond to Rapid Response emergencies around the state, to work
18474  with state emergency management officials, and to work with
18475  regional workforce boards. All Rapid Response funds must be
18476  expended based on a plan developed by Workforce Florida, Inc.,
18477  and approved by the Governor.
18478         (b) The administrative entity for Title I, Workforce
18479  Investment Act of 1998 funds, and Rapid Response activities,
18480  shall be Jobs Florida the Agency for Workforce Innovation, which
18481  shall provide direction to regional workforce boards regarding
18482  Title I programs and Rapid Response activities pursuant to the
18483  direction of Workforce Florida, Inc.
18484         Section 300. Subsection (1), paragraph (a) of subsection
18485  (3), paragraphs (b), (c), (d), (e), and (g) of subsection (5),
18486  and subsection (12) of section 445.004, Florida Statutes, are
18487  amended to read:
18488         445.004 Workforce Florida, Inc.; creation; purpose;
18489  membership; duties and powers.—
18490         (1) There is created a not-for-profit corporation, to be
18491  known as “Workforce Florida, Inc.,” which shall be registered,
18492  incorporated, organized, and operated in compliance with chapter
18493  617, and which shall not be a unit or entity of state government
18494  and shall be exempt from chapters 120 and 287. Workforce
18495  Florida, Inc., shall apply the procurement and expenditure
18496  procedures required by federal law for the expenditure of
18497  federal funds. Workforce Florida, Inc., shall be
18498  administratively housed within Jobs Florida the Agency for
18499  Workforce Innovation; however, Workforce Florida, Inc., shall
18500  not be subject to control, supervision, or direction by Jobs
18501  Florida the Agency for Workforce Innovation in any manner. The
18502  Legislature determines, however, that public policy dictates
18503  that Workforce Florida, Inc., operate in the most open and
18504  accessible manner consistent with its public purpose. To this
18505  end, the Legislature specifically declares that Workforce
18506  Florida, Inc., its board, councils, and any advisory committees
18507  or similar groups created by Workforce Florida, Inc., are
18508  subject to the provisions of chapter 119 relating to public
18509  records, and those provisions of chapter 286 relating to public
18510  meetings.
18511         (3)(a) Workforce Florida, Inc., shall be governed by a
18512  board of directors, the number of directors to be determined by
18513  the Governor, whose membership and appointment must be
18514  consistent with Pub. L. No. 105-220, Title I, s. 111(b), and
18515  contain one member representing the licensed nonpublic
18516  postsecondary educational institutions authorized as individual
18517  training account providers, one member from the staffing service
18518  industry, at least one member who is a current or former
18519  recipient of welfare transition services as defined in s.
18520  445.002(2) s. 445.002(3) or workforce services as provided in s.
18521  445.009(1), and five representatives of organized labor who
18522  shall be appointed by the Governor. Members described in Pub. L.
18523  No. 105-220, Title I, s. 111(b)(1)(C)(vi) shall be nonvoting
18524  members. The importance of minority, gender, and geographic
18525  representation shall be considered when making appointments to
18526  the board.
18527         (5) Workforce Florida, Inc., shall have all the powers and
18528  authority, not explicitly prohibited by statute, necessary or
18529  convenient to carry out and effectuate the purposes as
18530  determined by statute, Pub. L. No. 105-220, and the Governor, as
18531  well as its functions, duties, and responsibilities, including,
18532  but not limited to, the following:
18533         (b) Providing oversight and policy direction to ensure that
18534  the following programs are administered by Jobs Florida the
18535  Agency for Workforce Innovation in compliance with approved
18536  plans and under contract with Workforce Florida, Inc.:
18537         1. Programs authorized under Title I of the Workforce
18538  Investment Act of 1998, Pub. L. No. 105-220, with the exception
18539  of programs funded directly by the United States Department of
18540  Labor under Title I, s. 167.
18541         2. Programs authorized under the Wagner-Peyser Act of 1933,
18542  as amended, 29 U.S.C. ss. 49 et seq.
18543         3. Activities authorized under Title II of the Trade Act of
18544  2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
18545  Adjustment Assistance Program.
18546         4. Activities authorized under 38 U.S.C., chapter 41,
18547  including job counseling, training, and placement for veterans.
18548         5. Employment and training activities carried out under
18549  funds awarded to this state by the United States Department of
18550  Housing and Urban Development.
18551         6. Welfare transition services funded by the Temporary
18552  Assistance for Needy Families Program, created under the
18553  Personal Responsibility and Work Opportunity Reconciliation Act
18554  of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
18555  of the Social Security Act, as amended.
18556         7. Displaced homemaker programs, provided under s. 446.50.
18557         8. The Florida Bonding Program, provided under Pub. L. No.
18558  97-300, s. 164(a)(1).
18559         9. The Food Assistance Employment and Training Program,
18560  provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
18561  2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
18562  and the Hunger Prevention Act, Pub. L. No. 100-435.
18563         10. The Quick-Response Training Program for participants in
18564  the welfare transition program, as provided under s. 288.047 ss.
18565  288.046-288.047. Matching funds and in-kind contributions that
18566  are provided by clients of the Quick-Response Training Program
18567  shall count toward the requirements of s. 288.90151(5)(d),
18568  pertaining to the return on investment from activities of
18569  Enterprise Florida, Inc.
18570         11. The Work Opportunity Tax Credit, provided under the Tax
18571  and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
18572  the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
18573         12. Offender placement services, provided under ss.
18574  944.707-944.708.
18575         (c) Jobs Florida the agency may adopt rules necessary to
18576  administer the provisions of this chapter which relate to
18577  implementing and administering the programs listed in paragraph
18578  (b) as well as rules related to eligible training providers and
18579  auditing and monitoring subrecipients of the workforce system
18580  grant funds.
18581         (d) Contracting with public and private entities as
18582  necessary to further the directives of this section. All
18583  contracts executed by Workforce Florida, Inc., must include
18584  specific performance expectations and deliverables. All
18585  Workforce Florida, Inc., contracts, including those solicited,
18586  managed, or paid by Jobs Florida the Agency for Workforce
18587  Innovation pursuant to s. 20.60(5)(c) 20.50(2) are exempt from
18588  s. 112.061, but shall be governed by subsection (1).
18589         (e) Notifying the Governor, the President of the Senate,
18590  and the Speaker of the House of Representatives of noncompliance
18591  by Jobs Florida the Agency for Workforce Innovation or other
18592  agencies or obstruction of the board’s efforts by such agencies.
18593  Upon such notification, the Executive Office of the Governor
18594  shall assist agencies to bring them into compliance with board
18595  objectives.
18596         (g) Establish a dispute resolution process for all
18597  memoranda of understanding or other contracts or agreements
18598  entered into between Jobs Florida the agency and regional
18599  workforce boards.
18600         (12) Workforce Florida, Inc., shall enter into agreement
18601  with Space Florida and collaborate with vocational institutes,
18602  community colleges, colleges, and universities in this state, to
18603  develop a workforce development strategy to implement the
18604  workforce provisions of s. 331.3051.
18605         Section 301. Paragraph (c) of subsection (2) of section
18606  445.006, Florida Statutes, is amended to read:
18607         445.006 Strategic and operational plans for workforce
18608  development.—
18609         (2) Workforce Florida, Inc., shall establish an operational
18610  plan to implement the state strategic plan. The operational plan
18611  shall be submitted to the Governor and the Legislature along
18612  with the strategic plan and must reflect the allocation of
18613  resources as appropriated by the Legislature to specific
18614  responsibilities enumerated in law. As a component of the
18615  operational plan required under this section, Workforce Florida,
18616  Inc., shall develop a workforce marketing plan, with the goal of
18617  educating individuals inside and outside the state about the
18618  employment market and employment conditions in the state. The
18619  marketing plan must include, but need not be limited to,
18620  strategies for:
18621         (c) Coordinating with the Jobs Florida Partnership
18622  Enterprise Florida, Inc., to ensure that workforce marketing
18623  efforts complement the economic development marketing efforts of
18624  the state.
18625         Section 302. Subsection (1) of section 445.007, Florida
18626  Statutes, is amended to read:
18627         445.007 Regional workforce boards.—
18628         (1) One regional workforce board shall be appointed in each
18629  designated service delivery area and shall serve as the local
18630  workforce investment board pursuant to Pub. L. No. 105-220. The
18631  membership of the board shall be consistent with Pub. L. No.
18632  105-220, Title I, s. 117(b), and contain one representative from
18633  a nonpublic postsecondary educational institution that is an
18634  authorized individual training account provider within the
18635  region and confers certificates and diplomas, one representative
18636  from a nonpublic postsecondary educational institution that is
18637  an authorized individual training account provider within the
18638  region and confers degrees, and three representatives of
18639  organized labor. The board shall include one nonvoting
18640  representative from a military installation if a military
18641  installation is located within the region and the appropriate
18642  military command or organization authorizes such representation.
18643  It is the intent of the Legislature that membership of a
18644  regional workforce board include persons who are current or
18645  former recipients of welfare transition assistance as defined in
18646  s. 445.002(2) s. 445.002(3) or workforce services as provided in
18647  s. 445.009(1) or that such persons be included as ex officio
18648  members of the board or of committees organized by the board.
18649  The importance of minority and gender representation shall be
18650  considered when making appointments to the board. The board, its
18651  committees, subcommittees, and subdivisions, and other units of
18652  the workforce system, including units that may consist in whole
18653  or in part of local governmental units, may use any method of
18654  telecommunications to conduct meetings, including establishing a
18655  quorum through telecommunications, provided that the public is
18656  given proper notice of the telecommunications meeting and
18657  reasonable access to observe and, when appropriate, participate.
18658  Regional workforce boards are subject to chapters 119 and 286
18659  and s. 24, Art. I of the State Constitution. If the regional
18660  workforce board enters into a contract with an organization or
18661  individual represented on the board of directors, the contract
18662  must be approved by a two-thirds vote of the entire board, and
18663  the board member who could benefit financially from the
18664  transaction must abstain from voting on the contract. A board
18665  member must disclose any such conflict in a manner that is
18666  consistent with the procedures outlined in s. 112.3143.
18667         Section 303. Subsections (3) and (9) of section 445.009,
18668  Florida Statutes, are amended to read:
18669         445.009 One-stop delivery system.—
18670         (3) Beginning October 1, 2000, Regional workforce boards
18671  shall enter into a memorandum of understanding with Jobs Florida
18672  the Agency for Workforce Innovation for the delivery of
18673  employment services authorized by the federal Wagner-Peyser Act.
18674  This memorandum of understanding must be performance based.
18675         (a) Unless otherwise required by federal law, at least 90
18676  percent of the Wagner-Peyser funding must go into direct
18677  customer service costs.
18678         (b) Employment services must be provided through the one
18679  stop delivery system, under the guidance of one-stop delivery
18680  system operators. One-stop delivery system operators shall have
18681  overall authority for directing the staff of the workforce
18682  system. Personnel matters shall remain under the ultimate
18683  authority of Jobs Florida the Agency for Workforce Innovation.
18684  However, the one-stop delivery system operator shall submit to
18685  Jobs Florida the agency information concerning the job
18686  performance of agency employees of Jobs Florida who deliver
18687  employment services. Jobs Florida The agency shall consider any
18688  such information submitted by the one-stop delivery system
18689  operator in conducting performance appraisals of the employees.
18690         (c) Jobs Florida The agency shall retain fiscal
18691  responsibility and accountability for the administration of
18692  funds allocated to the state under the Wagner-Peyser Act. An
18693  agency employee of Jobs Florida who is providing services
18694  authorized under the Wagner-Peyser Act shall be paid using
18695  Wagner-Peyser Act funds.
18696         (9)(a) Workforce Florida, Inc., working with Jobs Florida
18697  the Agency for Workforce Innovation, shall coordinate among the
18698  agencies a plan for a One-Stop Electronic Network made up of
18699  one-stop delivery system centers and other partner agencies that
18700  are operated by authorized public or private for-profit or not
18701  for-profit agents. The plan shall identify resources within
18702  existing revenues to establish and support this electronic
18703  network for service delivery that includes Government Services
18704  Direct. If necessary, the plan shall identify additional funding
18705  needed to achieve the provisions of this subsection.
18706         (b) The network shall assure that a uniform method is used
18707  to determine eligibility for and management of services provided
18708  by agencies that conduct workforce development activities. The
18709  Department of Management Services shall develop strategies to
18710  allow access to the databases and information management systems
18711  of the following systems in order to link information in those
18712  databases with the one-stop delivery system:
18713         1. The Unemployment Compensation Program under chapter 443
18714  of the Agency for Workforce Innovation.
18715         2. The public employment service described in s. 443.181.
18716         3. The FLORIDA System and the components related to
18717  temporary cash assistance, food assistance, and Medicaid
18718  eligibility.
18719         4. The Student Financial Assistance System of the
18720  Department of Education.
18721         5. Enrollment in the public postsecondary education system.
18722         6. Other information systems determined appropriate by
18723  Workforce Florida, Inc.
18724         Section 304. Subsection (5) of section 445.016, Florida
18725  Statutes, is amended to read:
18726         445.016 Untried Worker Placement and Employment Incentive
18727  Act.—
18728         (5) Incentives must be paid according to the incentive
18729  schedule developed by Workforce Florida, Inc., Jobs Florida the
18730  Agency for Workforce Development, and the Department of Children
18731  and Family Services which costs the state less per placement
18732  than the state’s 12-month expenditure on a welfare recipient.
18733         Section 305. Subsection (1) of section 445.024, Florida
18734  Statutes, is amended to read:
18735         445.024 Work requirements.—
18736         (1) WORK ACTIVITIES.—Jobs Florida The Agency for Workforce
18737  Innovation may develop activities under each of the following
18738  categories of work activities. The following categories of work
18739  activities, based on federal law and regulations, may be used
18740  individually or in combination to satisfy the work requirements
18741  for a participant in the temporary cash assistance program:
18742         (a) Unsubsidized employment.
18743         (b) Subsidized private sector employment.
18744         (c) Subsidized public sector employment.
18745         (d) On-the-job training.
18746         (e) Community service programs.
18747         (f) Work experience.
18748         (g) Job search and job readiness assistance.
18749         (h) Vocational educational training.
18750         (i) Job skills training directly related to employment.
18751         (j) Education directly related to employment.
18752         (k) Satisfactory attendance at a secondary school or in a
18753  course of study leading to a graduate equivalency diploma.
18754         (l) Providing child care services.
18755         Section 306. Subsection (1) of section 445.0325, Florida
18756  Statutes, is amended to read:
18757         445.0325 Welfare Transition Trust Fund.—
18758         (1) The Welfare Transition Trust Fund is created in the
18759  State Treasury, to be administered by Jobs Florida the Agency
18760  for Workforce Innovation. Funds shall be credited to the trust
18761  fund to be used for the purposes of the welfare transition
18762  program set forth in ss. 445.017-445.032.
18763         Section 307. Section 445.038, Florida Statutes, is amended
18764  to read:
18765         445.038 Digital media; job training.—Workforce Florida,
18766  Inc., through Jobs Florida the Agency for Workforce Innovation,
18767  may use funds dedicated for Incumbent Worker Training for the
18768  digital media industry. Training may be provided by public or
18769  private training providers for broadband digital media jobs
18770  listed on the targeted occupations list developed by the
18771  Workforce Estimating Conference or Workforce Florida, Inc.
18772  Programs that operate outside the normal semester time periods
18773  and coordinate the use of industry and public resources should
18774  be given priority status for funding.
18775         Section 308. Subsection (2), paragraph (b) of subsection
18776  (4), and subsections (5) and (6) of section 445.045, Florida
18777  Statutes, are amended to read:
18778         445.045 Development of an Internet-based system for
18779  information technology industry promotion and workforce
18780  recruitment.—
18781         (2) Workforce Florida, Inc., shall coordinate with the
18782  Agency for Enterprise Information Technology and Jobs Florida
18783  the Agency for Workforce Innovation to ensure links, where
18784  feasible and appropriate, to existing job information websites
18785  maintained by the state and state agencies and to ensure that
18786  information technology positions offered by the state and state
18787  agencies are posted on the information technology website.
18788         (4)
18789         (b) Workforce Florida, Inc., may enter into an agreement
18790  with the Agency for Enterprise Information Technology, Jobs
18791  Florida the Agency for Workforce Innovation, or any other public
18792  agency with the requisite information technology expertise for
18793  the provision of design, operating, or other technological
18794  services necessary to develop and maintain the website.
18795         (5) In furtherance of the requirements of this section that
18796  the website promote and market the information technology
18797  industry by communicating information on the scope of the
18798  industry in this state, Workforce Florida, Inc., shall
18799  coordinate its efforts with the high-technology industry
18800  marketing efforts of the Jobs Florida Partnership Enterprise
18801  Florida, Inc., under s. 288.911. Through links or actual
18802  content, the website developed under this section shall serve as
18803  a forum for distributing the marketing campaign developed by the
18804  Jobs Florida Partnership, Enterprise Florida, Inc., under s.
18805  288.911. In addition, Workforce Florida, Inc., shall solicit
18806  input from the not-for-profit corporation created to advocate on
18807  behalf of the information technology industry as an outgrowth of
18808  the Information Service Technology Development Task Force
18809  created under chapter 99-354, Laws of Florida.
18810         (6) In fulfilling its responsibilities under this section,
18811  Workforce Florida, Inc., may enlist the assistance of and act
18812  through Jobs Florida the Agency for Workforce Innovation. Jobs
18813  Florida The agency is authorized and directed to provide the
18814  services that Workforce Florida, Inc., and Jobs Florida the
18815  agency consider necessary to implement this section.
18816         Section 309. Subsection (1), paragraph (b) of subsection
18817  (4), and subsection (5) of section 445.048, Florida Statutes,
18818  are amended to read:
18819         445.048 Passport to Economic Progress program.—
18820         (1) AUTHORIZATION.—Notwithstanding any law to the contrary,
18821  Workforce Florida, Inc., in conjunction with the Department of
18822  Children and Family Services and Jobs Florida the Agency for
18823  Workforce Innovation, shall implement a Passport to Economic
18824  Progress program consistent with the provisions of this section.
18825  Workforce Florida, Inc., may designate regional workforce boards
18826  to participate in the program. Expenses for the program may come
18827  from appropriated revenues or from funds otherwise available to
18828  a regional workforce board which may be legally used for such
18829  purposes. Workforce Florida, Inc., must consult with the
18830  applicable regional workforce boards and the applicable local
18831  offices of the Department of Children and Family Services which
18832  serve the program areas and must encourage community input into
18833  the implementation process.
18834         (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.—
18835         (b) Workforce Florida, Inc., in cooperation with the
18836  Department of Children and Family Services and Jobs Florida the
18837  Agency for Workforce Innovation, shall offer performance-based
18838  incentive bonuses as a component of the Passport to Economic
18839  Progress program. The bonuses do not represent a program
18840  entitlement and shall be contingent on achieving specific
18841  benchmarks prescribed in the self-sufficiency plan. If the funds
18842  appropriated for this purpose are insufficient to provide this
18843  financial incentive, the board of directors of Workforce
18844  Florida, Inc., may reduce or suspend the bonuses in order not to
18845  exceed the appropriation or may direct the regional boards to
18846  use resources otherwise given to the regional workforce to pay
18847  such bonuses if such payments comply with applicable state and
18848  federal laws.
18849         (5) EVALUATIONS AND RECOMMENDATIONS.—Workforce Florida,
18850  Inc., in conjunction with the Department of Children and Family
18851  Services, Jobs Florida the Agency for Workforce Innovation, and
18852  the regional workforce boards, shall conduct a comprehensive
18853  evaluation of the effectiveness of the program operated under
18854  this section. Evaluations and recommendations for the program
18855  shall be submitted by Workforce Florida, Inc., as part of its
18856  annual report to the Legislature.
18857         Section 310. Subsection (2) of section 445.049, Florida
18858  Statutes, is amended to read:
18859         445.049 Digital Divide Council.—
18860         (2) DIGITAL DIVIDE COUNCIL.—The Digital Divide Council is
18861  created in the Department of Education. The council shall
18862  consist of:
18863         (a) A representative from the information technology
18864  industry in this state appointed by the Governor.
18865         (b) The commissioner of Jobs Florida, or his or her
18866  designee The director of the Office of Tourism, Trade, and
18867  Economic Development in the Executive Office of the Governor.
18868         (c) The president of Workforce Florida, Inc.
18869         (d) The director of the Agency for Workforce Innovation.
18870         (d)(e) The chair of itflorida.com, Inc.
18871         (e)(f) The Commissioner of Education.
18872         (f)(g) A representative of the information technology
18873  industry in this state appointed by the Speaker of the House of
18874  Representatives.
18875         (g)(h) A representative of the information technology
18876  industry in this state appointed by the President of the Senate.
18877         (h)(i) Two members of the House of Representatives, who
18878  shall be ex officio, nonvoting members of the council, appointed
18879  by the Speaker of the House of Representatives, one of whom
18880  shall be a member of the Republican Caucus and the other of whom
18881  shall be a member of the Democratic Caucus.
18882         (i)(j) Two members of the Senate, who shall be ex officio,
18883  nonvoting members of the council, appointed by the President of
18884  the Senate, one of whom shall be a member of the Republican
18885  Caucus and the other of whom shall be a member of the Democratic
18886  Caucus.
18887         Section 311. Subsection (13) of section 445.051, Florida
18888  Statutes, is amended to read:
18889         445.051 Individual development accounts.—
18890         (13) Pursuant to policy direction by Workforce Florida,
18891  Inc., Jobs Florida the Agency for Workforce Innovation shall
18892  adopt such rules as are necessary to implement this act.
18893         Section 312. Section 445.056, Florida Statutes, is amended
18894  to read:
18895         445.056 Citizen Soldier Matching Grant Program.—Jobs
18896  Florida The Agency for Workforce Innovation shall implement the
18897  establish a matching grant program established by the former
18898  Agency for Workforce Innovation to award matching grants to
18899  private sector employers in this state which that provide wages
18900  to employees serving in the United States Armed Forces Reserves
18901  or the Florida National Guard while those employees are on
18902  federal active duty. A grant may not be provided for federal
18903  active duty served before January 1, 2005. Each grant shall be
18904  awarded to reimburse the employer for not more than one-half of
18905  the monthly wages paid to an employee who is a resident of this
18906  state for the actual period of federal active duty. The monthly
18907  grant per employee may not exceed one-half of the difference
18908  between the amount of monthly wages paid by the employer to the
18909  employee at the level paid before the date the employee was
18910  called to federal active duty and the amount of the employee’s
18911  active duty base pay, housing and variable allowances, and
18912  subsistence allowance. Jobs Florida shall implement the plan
18913  administered by the former Agency for Workforce Innovation The
18914  agency shall develop a plan by no later than October 1, 2005,
18915  subject to the notice, review, and objection procedures of s.
18916  216.177, to administer the application and payment procedures
18917  for the matching grant program. The Agency for Workforce
18918  Innovation shall not award any matching grants prior to the
18919  approval of the plan.
18920         Section 313. Section 446.41, Florida Statutes, is amended
18921  to read:
18922         446.41 Legislative intent with respect to rural workforce
18923  training and development; establishment of Rural Workforce
18924  Services Program.—In order that the state may achieve its full
18925  economic and social potential, consideration must be given to
18926  rural workforce training and development to enable its rural
18927  citizens as well as urban citizens to develop their maximum
18928  capacities and participate productively in our society. It is,
18929  therefore, the policy of the state to make available those
18930  services needed to assist individuals and communities in rural
18931  areas to improve their quality of life. It is with a great sense
18932  of urgency that a Rural Workforce Services Program is
18933  established within Jobs Florida the Agency for Workforce
18934  Innovation, under the direction of Workforce Florida, Inc., to
18935  provide equal access to all manpower training programs available
18936  to rural as well as urban areas.
18937         Section 314. Subsection (2) and paragraph (b) of subsection
18938  (5) of section 446.44, Florida Statutes, is amended to read:
18939         446.44 Duties of Rural Workforce Services Program.—It shall
18940  be the direct responsibility of the Rural Workforce Services
18941  Program to promote and deliver employment and workforce services
18942  and resources to the rural undeveloped and underdeveloped
18943  counties of the state in an effort to:
18944         (2) Assist the Jobs Florida Partnership Enterprise Florida,
18945  Inc., in attracting light, pollution-free industry to the rural
18946  counties.
18947         (5) Develop rural workforce programs that will be
18948  evaluated, planned, and implemented through communications and
18949  planning with appropriate:
18950         (b) Units of the Jobs Florida Partnership Enterprise
18951  Florida, Inc.
18952         Section 315. Section 446.50, Florida Statutes, is amended
18953  to read:
18954         446.50 Displaced homemakers; multiservice programs; report
18955  to the Legislature; Displaced Homemaker Trust Fund created.—
18956         (1) INTENT.—It is the intent of the Legislature to require
18957  Jobs Florida the Agency for Workforce Innovation to enter into
18958  contracts with, and make grants to, public and nonprofit private
18959  entities for purposes of establishing multipurpose service
18960  programs to provide necessary training, counseling, and services
18961  for displaced homemakers so that they may enjoy the independence
18962  and economic security vital to a productive life.
18963         (2) DEFINITIONS.—For the purposes of this section the term:
18964         (a) “Displaced homemaker” means an individual who:
18965         (a)1. Is 35 years of age or older;
18966         (b)2. Has worked in the home, providing unpaid household
18967  services for family members;
18968         (c)3. Is not adequately employed, as defined by rule of the
18969  agency;
18970         (d)4. Has had, or would have, difficulty in securing
18971  adequate employment; and
18972         (e)5. Has been dependent on the income of another family
18973  member but is no longer supported by such income, or has been
18974  dependent on federal assistance.
18975         (b) “Agency” means the Agency for Workforce Innovation.
18976         (3) AGENCY POWERS AND DUTIES OF JOBS FLORIDA.—
18977         (a) Jobs Florida The agency, under plans established by
18978  Workforce Florida, Inc., shall establish, or contract for the
18979  establishment of, programs for displaced homemakers which shall
18980  include:
18981         1. Job counseling, by professionals and peers, specifically
18982  designed for a person entering the job market after a number of
18983  years as a homemaker.
18984         2. Job training and placement services, including:
18985         a. Training programs for available jobs in the public and
18986  private sectors, taking into account the skills and job
18987  experiences of a homemaker and developed by working with public
18988  and private employers.
18989         b. Assistance in locating available employment for
18990  displaced homemakers, some of whom could be employed in existing
18991  job training and placement programs.
18992         c. Utilization of the services of the state employment
18993  service in locating employment opportunities.
18994         3. Financial management services providing information and
18995  assistance with respect to insurance, including, but not limited
18996  to, life, health, home, and automobile insurance, and taxes,
18997  estate and probate problems, mortgages, loans, and other related
18998  financial matters.
18999         4. Educational services, including high school equivalency
19000  degree and such other courses as Jobs Florida the agency
19001  determines would be of interest and benefit to displaced
19002  homemakers.
19003         5. Outreach and information services with respect to
19004  federal and state employment, education, health, and
19005  unemployment assistance programs which Jobs Florida the agency
19006  determines would be of interest and benefit to displaced
19007  homemakers.
19008         (b)1. Jobs Florida The agency shall enter into contracts
19009  with, and make grants to, public and nonprofit private entities
19010  for purposes of establishing multipurpose service programs for
19011  displaced homemakers under this section. Such grants and
19012  contracts shall be awarded pursuant to chapter 287 and based on
19013  criteria established in the state plan developed pursuant to
19014  this section. Jobs Florida The agency shall designate catchment
19015  areas that which together, shall compose comprise the entire
19016  state, and, to the extent possible from revenues in the
19017  Displaced Homemaker Trust Fund, Jobs Florida the agency shall
19018  contract with, and make grants to, entities that which will
19019  serve entire catchment areas so that displaced homemaker service
19020  programs are available statewide. These catchment areas shall be
19021  coterminous with the state’s workforce development regions. Jobs
19022  Florida The agency may give priority to existing displaced
19023  homemaker programs when evaluating bid responses to the agency’s
19024  request for proposals.
19025         2. In order to receive funds under this section, and unless
19026  specifically prohibited by law from doing so, an entity that
19027  provides displaced homemaker service programs must receive at
19028  least 25 percent of its funding from one or more local,
19029  municipal, or county sources or nonprofit private sources. In
19030  kind contributions may be evaluated by Jobs Florida the agency
19031  and counted as part of the required local funding.
19032         3. Jobs Florida The agency shall require an entity that
19033  receives funds under this section to maintain appropriate data
19034  to be compiled in an annual report to Jobs Florida the agency.
19035  Such data shall include, but shall not be limited to, the number
19036  of clients served, the units of services provided, designated
19037  client-specific information including intake and outcome
19038  information specific to each client, costs associated with
19039  specific services and program administration, total program
19040  revenues by source and other appropriate financial data, and
19041  client followup information at specified intervals after the
19042  placement of a displaced homemaker in a job.
19043         (c) Jobs Florida The agency shall consult and cooperate
19044  with the Commissioner of Education, the United States
19045  Commissioner of the Social Security Administration, and such
19046  other persons in the executive branch of the state government as
19047  Jobs Florida the agency considers appropriate to facilitate the
19048  coordination of multipurpose service programs established under
19049  this section with existing programs of a similar nature.
19050         (d) Supervisory, technical, and administrative positions
19051  relating to programs established under this section shall, to
19052  the maximum extent practicable, be filled by displaced
19053  homemakers.
19054         (e) Jobs Florida The agency shall adopt rules establishing
19055  minimum standards necessary for entities that provide displaced
19056  homemaker service programs to receive funds from the agency and
19057  any other rules necessary to administer this section.
19058         (4) STATE PLAN.—
19059         (a) Jobs Florida The Agency for Workforce Innovation shall
19060  develop a 3-year state plan for the displaced homemaker program
19061  which shall be updated annually. The plan must address, at a
19062  minimum, the need for programs specifically designed to serve
19063  displaced homemakers, any necessary service components for such
19064  programs in addition to those enumerated in this section, goals
19065  of the displaced homemaker program with an analysis of the
19066  extent to which those goals are being met, and recommendations
19067  for ways to address any unmet program goals. Any request for
19068  funds for program expansion must be based on the state plan.
19069         (b) Each annual update must address any changes in the
19070  components of the 3-year state plan and a report that which must
19071  include, but need not be limited to, the following:
19072         1. The scope of the incidence of displaced homemakers;
19073         2. A compilation and report, by program, of data submitted
19074  to Jobs Florida the agency pursuant to subparagraph 3. by funded
19075  displaced homemaker service programs;
19076         3. An identification and description of the programs in the
19077  state which that receive funding from Jobs Florida the agency,
19078  including funding information; and
19079         4. An assessment of the effectiveness of each displaced
19080  homemaker service program based on outcome criteria established
19081  by rule of Jobs Florida the agency.
19082         (c) The 3-year state plan must be submitted to the
19083  President of the Senate, the Speaker of the House of
19084  Representatives, and the Governor on or before January 1, 2001,
19085  and annual updates of the plan must be submitted by January 1 of
19086  each subsequent year.
19087         (5) DISPLACED HOMEMAKER TRUST FUND.—
19088         (a) There is established within the State Treasury a
19089  Displaced Homemaker Trust Fund to be used by Jobs Florida the
19090  agency for its administration of the displaced homemaker program
19091  and to fund displaced homemaker service programs according to
19092  criteria established under this section.
19093         (b) The trust fund shall receive funds generated from an
19094  additional fee on marriage license applications and dissolution
19095  of marriage filings as specified in ss. 741.01(3) and 28.101,
19096  respectively, and may receive funds from any other public or
19097  private source.
19098         (c) Funds that are not expended by Jobs Florida the agency
19099  at the end of the budget cycle or through a supplemental budget
19100  approved by Jobs Florida the agency shall revert to the trust
19101  fund.
19102         Section 316. Section 446.52, Florida Statutes, is amended
19103  to read:
19104         446.52 Confidentiality of information.—Information about
19105  displaced homemakers who receive services under ss. 446.50 and
19106  446.51 which is received through files, reports, inspections, or
19107  otherwise, by Jobs Florida the division or by its authorized
19108  employees of the division, by persons who volunteer services, or
19109  by persons who provide services to displaced homemakers under
19110  ss. 446.50 and 446.51 through contracts with the division is
19111  confidential and exempt from the provisions of s. 119.07(1).
19112  Such information may not be disclosed publicly in such a manner
19113  as to identify a displaced homemaker, unless such person or the
19114  person’s legal guardian provides written consent.
19115         Section 317. Paragraph (a) of subsection (3) of section
19116  448.109, Florida Statutes, is amended to read:
19117         448.109 Notification of the state minimum wage.—
19118         (3)(a) Each year the Jobs Florida Agency for Workforce
19119  Innovation shall, on or before December 1, create and make
19120  available to employers a poster in English and in Spanish which
19121  reads substantially as follows:
19122  
19123                         NOTICE TO EMPLOYEES                       
19124  
19125         The Florida minimum wage is $ ...(amount)... per hour,
19126         with a minimum wage of at least $ ...(amount)... per
19127         hour for tipped employees, in addition to tips, for
19128         January 1, ...(year)..., through December 31,
19129         ...(year)....
19130  
19131         The rate of the minimum wage is recalculated yearly on
19132         September 30, based on the Consumer Price Index. Every
19133         year on January 1 the new Florida minimum wage takes
19134         effect.
19135  
19136         An employer may not retaliate against an employee for
19137         exercising his or her right to receive the minimum
19138         wage. Rights protected by the State Constitution
19139         include the right to:
19140         1. File a complaint about an employer’s alleged
19141         noncompliance with lawful minimum wage requirements.
19142         2. Inform any person about an employer’s alleged
19143         noncompliance with lawful minimum wage requirements.
19144         3. Inform any person of his or her potential
19145         rights under Section 24, Article X of the State
19146         Constitution and to assist him or her in asserting
19147         such rights.
19148  
19149         An employee who has not received the lawful minimum
19150         wage after notifying his or her employer and giving
19151         the employer 15 days to resolve any claims for unpaid
19152         wages may bring a civil action in a court of law
19153         against an employer to recover back wages plus damages
19154         and attorney’s fees.
19155  
19156         An employer found liable for intentionally violating
19157         minimum wage requirements is subject to a fine of
19158         $1,000 per violation, payable to the state.
19159  
19160         The Attorney General or other official designated by
19161         the Legislature may bring a civil action to enforce
19162         the minimum wage.
19163  
19164         For details see Section 24, Article X of the State
19165         Constitution.
19166  
19167         Section 318. Subsections (2), (4), and (11) of section
19168  448.110, Florida Statutes, are amended to read:
19169         448.110 State minimum wage; annual wage adjustment;
19170  enforcement.—
19171         (2) The purpose of this section is to provide measures
19172  appropriate for the implementation of s. 24, Art. X of the State
19173  Constitution, in accordance with authority granted to the
19174  Legislature pursuant to s. 24(f), Art. X of the State
19175  Constitution. To implement s. 24, Art. X of the State
19176  Constitution, Jobs Florida is designated as the state Agency for
19177  Workforce Innovation.
19178         (4)(a) Beginning September 30, 2005, and annually on
19179  September 30 thereafter, Jobs Florida the Agency for Workforce
19180  Innovation shall calculate an adjusted state minimum wage rate
19181  by increasing the state minimum wage by the rate of inflation
19182  for the 12 months prior to September 1. In calculating the
19183  adjusted state minimum wage, Jobs Florida the agency shall use
19184  the Consumer Price Index for Urban Wage Earners and Clerical
19185  Workers, not seasonally adjusted, for the South Region or a
19186  successor index as calculated by the United States Department of
19187  Labor. Each adjusted state minimum wage rate shall take effect
19188  on the following January 1, with the initial adjusted minimum
19189  wage rate to take effect on January 1, 2006.
19190         (b) The Agency for Workforce Innovation and the Department
19191  of Revenue and Jobs Florida shall annually publish the amount of
19192  the adjusted state minimum wage and the effective date.
19193  Publication shall occur by posting the adjusted state minimum
19194  wage rate and the effective date on the Internet home pages of
19195  Jobs Florida the agency and the department by October 15 of each
19196  year. In addition, to the extent funded in the General
19197  Appropriations Act, Jobs Florida the agency shall provide
19198  written notice of the adjusted rate and the effective date of
19199  the adjusted state minimum wage to all employers registered in
19200  the most current unemployment compensation database. Such notice
19201  shall be mailed by November 15 of each year using the addresses
19202  included in the database. Employers are responsible for
19203  maintaining current address information in the unemployment
19204  compensation database. Jobs Florida is The agency shall not be
19205  responsible for failure to provide notice due to incorrect or
19206  incomplete address information in the database. Jobs Florida The
19207  agency shall provide the Department of Revenue with the adjusted
19208  state minimum wage rate information and effective date in a
19209  timely manner.
19210         (11) Except for calculating the adjusted state minimum wage
19211  and publishing the initial state minimum wage and any annual
19212  adjustments thereto, the authority of Jobs Florida the Agency
19213  for Workforce Innovation in implementing s. 24, Art. X of the
19214  State Constitution, pursuant to this section, shall be limited
19215  to that authority expressly granted by the Legislature.
19216         Section 319. Section 450.161, Florida Statutes, is amended
19217  to read:
19218         450.161 Chapter not to affect career education of children;
19219  other exceptions.—Nothing in this chapter shall prevent minors
19220  of any age from receiving career education furnished by the
19221  United States, this state, or any county or other political
19222  subdivision of this state and duly approved by the Department of
19223  Education or other duly constituted authority, nor any
19224  apprentice indentured under a plan approved by the Department of
19225  Education Division of Jobs and Benefits, or prevent the
19226  employment of any minor 14 years of age or older when such
19227  employment is authorized as an integral part of, or supplement
19228  to, such a course in career education and is authorized by
19229  regulations of the district school board of the district in
19230  which such minor is employed, provided the employment is in
19231  compliance with the provisions of ss. 450.021(4) and 450.061.
19232  Exemptions for the employment of student learners 16 to 18 years
19233  of age are provided in s. 450.061. Such an exemption shall apply
19234  when:
19235         (1) The student learner is enrolled in a youth vocational
19236  training program under a recognized state or local educational
19237  authority.
19238         (2) Such student learner is employed under a written
19239  agreement that which provides:
19240         (a) That the work of the student learner in the occupation
19241  declared particularly hazardous shall be incidental to the
19242  training.
19243         (b) That such work shall be intermittent and for short
19244  periods of time and under the direct and close supervision of a
19245  qualified and experienced person.
19246         (c) That safety instructions shall be given by the school
19247  and correlated by the employer with on-the-job training.
19248         (d) That a schedule of organized and progressive work
19249  processes to be performed on the job shall have been prepared.
19250  
19251  Each such written agreement shall contain the name of the
19252  student learner and shall be signed by the employer, the school
19253  coordinator and principal, and the parent or legal guardian.
19254  Copies of each agreement shall be kept on file by both the
19255  school and the employer. This exemption for the employment of
19256  student learners may be revoked in any individual situation when
19257  it is found that reasonable precautions have not been observed
19258  for the safety of minors employed thereunder. A high school
19259  graduate may be employed in an occupation in which he or she has
19260  completed training as a student learner, as provided in this
19261  section, even though he or she is not yet 18 years of age.
19262         Section 320. Paragraph (j) of subsection (1) of section
19263  450.191, Florida Statutes, is amended to read:
19264         450.191 Executive Office of the Governor; powers and
19265  duties.—
19266         (1) The Executive Office of the Governor is authorized and
19267  directed to:
19268         (j) Cooperate with Jobs Florida the Agency for Workforce
19269  Innovation in the recruitment and referral of migrant laborers
19270  and other persons for the planting, cultivation, and harvesting
19271  of agricultural crops in Florida.
19272         Section 321. Paragraph (e) of subsection (2) of section
19273  450.31, Florida Statutes, is amended to read:
19274         450.31 Issuance, revocation, and suspension of, and refusal
19275  to issue or renew, certificate of registration.—
19276         (2) The department may revoke, suspend, or refuse to issue
19277  or renew any certificate of registration when it is shown that
19278  the farm labor contractor has:
19279         (e) Failed to pay unemployment compensation taxes as
19280  determined by Jobs Florida the Agency for Workforce Innovation;
19281  or
19282         Section 322. Paragraph (d) of subsection (1) of section
19283  464.203, Florida Statutes, is amended to read:
19284         464.203 Certified nursing assistants; certification
19285  requirement.—
19286         (1) The board shall issue a certificate to practice as a
19287  certified nursing assistant to any person who demonstrates a
19288  minimum competency to read and write and successfully passes the
19289  required background screening pursuant to s. 400.215 and meets
19290  one of the following requirements:
19291         (d) Has completed the curriculum developed by the
19292  Department of Education under the Enterprise Florida Jobs and
19293  Education Partnership Grant and achieved a minimum score,
19294  established by rule of the board, on the nursing assistant
19295  competency examination, which consists of a written portion and
19296  skills-demonstration portion, approved by the board and
19297  administered at a site and by personnel approved by the
19298  department.
19299         Section 323. Subsection (3) of section 468.529, Florida
19300  Statutes, is amended to read:
19301         468.529 Licensee’s insurance; employment tax; benefit
19302  plans.—
19303         (3) A licensed employee leasing company shall within 30
19304  days after initiation or termination notify its workers’
19305  compensation insurance carrier, the Division of Workers’
19306  Compensation of the Department of Financial Services, and the
19307  state agency providing unemployment tax collection services
19308  under contract with Jobs Florida the Agency for Workforce
19309  Innovation through an interagency agreement pursuant to s.
19310  443.1316 of both the initiation or the termination of the
19311  company’s relationship with any client company.
19312         Section 324. Paragraph (e) of subsection (1) of section
19313  469.002, Florida Statutes, is amended to read:
19314         469.002 Exemptions.—
19315         (1) This chapter does not apply to:
19316         (e) An authorized employee of the United States, this
19317  state, or any municipality, county, or other political
19318  subdivision who has completed all training required by NESHAP
19319  and OSHA or by ASHARA for the activities described in this
19320  paragraph, while engaged in asbestos-related activities set
19321  forth in s. 255.5535 and asbestos-related activities involving
19322  the demolition of a building owned by that governmental unit,
19323  where such activities are within the scope of that employment
19324  and the employee does not hold out for hire or otherwise engage
19325  in asbestos abatement, contracting, or consulting.
19326         Section 325. Subsection (2) of section 469.003, Florida
19327  Statutes, is amended to read:
19328         469.003 License required.—
19329         (2)(a)A No person may not prepare asbestos abatement
19330  specifications unless trained and licensed as an asbestos
19331  consultant as required by this chapter.
19332         (b) Any person engaged in the business of asbestos surveys
19333  prior to October 1, 1987, who has been certified by the
19334  Department of Labor and Employment Security as a certified
19335  asbestos surveyor, and who has complied with the training
19336  requirements of s. 469.013(1)(b), may provide survey services as
19337  described in s. 255.553(1), (2), and (3). The Department of
19338  Labor and Employment Security may, by rule, establish
19339  violations, disciplinary procedures, and penalties for certified
19340  asbestos surveyors.
19341         Section 326. Paragraph (b) of subsection (1) of section
19342  489.1455, Florida Statutes, is amended to read:
19343         489.1455 Journeyman; reciprocity; standards.—
19344         (1) An individual who holds a valid, active journeyman
19345  license in the plumbing/pipe fitting, mechanical, or HVAC trades
19346  issued by any county or municipality in this state may work as a
19347  journeyman in the trade in which he or she is licensed in any
19348  county or municipality of this state without taking an
19349  additional examination or paying an additional license fee, if
19350  he or she:
19351         (b) Has completed an apprenticeship program registered with
19352  a registration agency defined in 29 C.F.R. 29.2 the Department
19353  of Labor and Employment Security and demonstrates 4 years’
19354  verifiable practical experience in the trade for which he or she
19355  is licensed, or demonstrates 6 years’ verifiable practical
19356  experience in the trade for which he or she is licensed;
19357         Section 327. Paragraph (b) of subsection (1) of section
19358  489.5335, Florida Statutes, is amended to read:
19359         489.5335 Journeyman; reciprocity; standards.—
19360         (1) An individual who holds a valid, active journeyman
19361  license in the electrical trade issued by any county or
19362  municipality in this state may work as a journeyman in any other
19363  county or municipality of this state without taking an
19364  additional examination or paying an additional license fee, if
19365  he or she:
19366         (b) Has completed an apprenticeship program registered with
19367  a registration agency defined in 29 C.F.R. 29.2 the Department
19368  of Labor and Employment Security and demonstrates 4 years’
19369  verifiable practical experience in the electrical trade, or
19370  demonstrates 6 years’ verifiable practical experience in the
19371  electrical trade;
19372         Section 328. Subsections (1) and (2), paragraph (b) of
19373  subsection (3), and paragraph (b) of subsection (4) of section
19374  526.143, Florida Statutes, are amended to read:
19375         526.143 Alternate generated power capacity for motor fuel
19376  dispensing facilities.—
19377         (1) By June 1, 2007, Each motor fuel terminal facility, as
19378  defined in s. 526.303(16), and each wholesaler, as defined in s.
19379  526.303(17), which sells motor fuel in this state must be
19380  capable of operating its distribution loading racks using an
19381  alternate generated power source for a minimum of 72 hours.
19382  Pending a postdisaster examination of the equipment by the
19383  operator to determine any extenuating damage that would render
19384  it unsafe to use, the facility must have such alternate
19385  generated power source available for operation within no later
19386  than 36 hours after a major disaster as defined in s. 252.34.
19387  Installation of appropriate wiring, including a transfer switch,
19388  shall be performed by a certified electrical contractor. Each
19389  business that is subject to this subsection must keep a copy of
19390  the documentation of such installation on site or at its
19391  corporate headquarters. In addition, each business must keep a
19392  written statement attesting to the periodic testing and ensured
19393  operational capacity of the equipment. The required documents
19394  must be made available, upon request, to the Office Division of
19395  Emergency Management and the director of the county emergency
19396  management agency.
19397         (2) Each newly constructed or substantially renovated motor
19398  fuel retail outlet, as defined in s. 526.303(14), for which a
19399  certificate of occupancy is issued on or after July 1, 2006,
19400  shall be prewired with an appropriate transfer switch, and
19401  capable of operating all fuel pumps, dispensing equipment,
19402  lifesafety systems, and payment-acceptance equipment using an
19403  alternate generated power source. As used in this subsection,
19404  the term “substantially renovated” means a renovation that
19405  results in an increase of greater than 50 percent in the
19406  assessed value of the motor fuel retail outlet. Local building
19407  inspectors shall include this equipment and operations check in
19408  the normal inspection process before issuing a certificate of
19409  occupancy. Each retail outlet that is subject to this subsection
19410  must keep a copy of the certificate of occupancy on site or at
19411  its corporate headquarters. In addition, each retail outlet must
19412  keep a written statement attesting to the periodic testing of
19413  and ensured operational capability of the equipment. The
19414  required documents must be made available, upon request, to the
19415  Office Division of Emergency Management and the director of the
19416  county emergency management agency.
19417         (3)
19418         (b) Installation of appropriate wiring and transfer
19419  switches must be performed by a certified electrical contractor.
19420  Each retail outlet that is subject to this subsection must keep
19421  a copy of the documentation of such installation on site or at
19422  its corporate headquarters. In addition, each retail outlet must
19423  keep a written statement attesting to the periodic testing of
19424  and ensured operational capacity of the equipment. The required
19425  documents must be made available, upon request, to the Office
19426  Division of Emergency Management and the director of the county
19427  emergency management agency.
19428         (4)
19429         (b) Subsections (2) and (3) do not apply to:
19430         1. An automobile dealer;
19431         2. A person who operates a fleet of motor vehicles;
19432         3. A person who sells motor fuel exclusively to a fleet of
19433  motor vehicles; or
19434         4. A motor fuel retail outlet that has a written agreement
19435  with a public hospital, in a form approved by the Office
19436  Division of Emergency Management, wherein the public hospital
19437  agrees to provide the motor fuel retail outlet with an
19438  alternative means of power generation onsite so that the
19439  outlet’s fuel pumps may be operated in the event of a power
19440  outage.
19441         Section 329. Paragraph (a) of subsection (1) and paragraph
19442  (b) of subsection (4) of section 526.144, Florida Statutes, are
19443  amended to read:
19444         526.144 Florida Disaster Motor Fuel Supplier Program.—
19445         (1)(a) There is created the Florida Disaster Motor Fuel
19446  Supplier Program within the Office of Emergency Management
19447  Department of Community Affairs.
19448         (4)
19449         (b) Notwithstanding any other law or other ordinance and
19450  for the purpose of ensuring an appropriate emergency management
19451  response following major disasters in this state, the regulation
19452  of all other retail establishments participating in such
19453  response is shall be as follows:
19454         1. Regulation of retail establishments that meet the
19455  standards created by the Office Division of Emergency Management
19456  in the report required in s. 8, chapter 2006-71, Laws of
19457  Florida, by July 1, 2007, is preempted to the state and until
19458  such standards are adopted, the regulation of these retail
19459  establishments is preempted to the state;
19460         2. The office division shall provide written certification
19461  of such preemption to retail establishments that qualify and
19462  shall provide such information to local governments upon
19463  request; and
19464         3. Regulation of retail establishments that do not meet the
19465  operational standards is subject to local government laws or
19466  ordinances.
19467         Section 330. Paragraph (i) of subsection (4) of section
19468  551.104, Florida Statutes, is amended to read:
19469         551.104 License to conduct slot machine gaming.—
19470         (4) As a condition of licensure and to maintain continued
19471  authority for the conduct of slot machine gaming, the slot
19472  machine licensee shall:
19473         (i) Create and file with the division a written policy for:
19474         1. Creating opportunities to purchase from vendors in this
19475  state, including minority vendors.
19476         2. Creating opportunities for employment of residents of
19477  this state, including minority residents.
19478         3. Ensuring opportunities for construction services from
19479  minority contractors.
19480         4. Ensuring that opportunities for employment are offered
19481  on an equal, nondiscriminatory basis.
19482         5. Training for employees on responsible gaming and working
19483  with a compulsive or addictive gambling prevention program to
19484  further its purposes as provided for in s. 551.118.
19485         6. The implementation of a drug-testing program that
19486  includes, but is not limited to, requiring each employee to sign
19487  an agreement that he or she understands that the slot machine
19488  facility is a drug-free workplace.
19489  
19490  The slot machine licensee shall use the Internet-based job
19491  listing system of Jobs Florida the Agency for Workforce
19492  Innovation in advertising employment opportunities. Beginning in
19493  June 2007, each slot machine licensee shall provide an annual
19494  report to the division containing information indicating
19495  compliance with this paragraph in regard to minority persons.
19496         Section 331. Section 553.62, Florida Statutes, is amended
19497  to read:
19498         553.62 State standard.—The Occupational Safety and Health
19499  Administration’s excavation safety standards, 29 C.F.R. s.
19500  1926.650 Subpart P, are hereby incorporated as the state
19501  standard. The Department of Labor and Employment Security may,
19502  by rule, adopt updated or revised versions of those standards,
19503  provided that the updated or revised versions are consistent
19504  with the intent expressed in this act and s. 553.72, and are not
19505  otherwise inconsistent with state law. Any rule adopted as
19506  provided in this section shall be complied with upon its
19507  effective date.
19508         Section 332. Paragraph (c) of subsection (1) of section
19509  570.248, Florida Statutes, is amended to read:
19510         570.248 Agricultural Economic Development Project Review
19511  Committee; powers and duties.—
19512         (1) There is created an Agricultural Economic Development
19513  Project Review Committee consisting of five members appointed by
19514  the commissioner. The members shall be appointed based upon the
19515  recommendations submitted by each entity represented on the
19516  committee and shall include:
19517         (c) One representative from the Jobs Florida Partnership
19518  Enterprise Florida, Inc.
19519         Section 333. Section 570.96, Florida Statutes, is amended
19520  to read:
19521         570.96 Agritourism.—The Department of Agriculture and
19522  Consumer Services may provide marketing advice, technical
19523  expertise, promotional support, and product development related
19524  to agritourism to assist the following in their agritourism
19525  initiatives: the Jobs Florida Partnership, Inc. Florida
19526  Commission on Tourism; convention and visitor bureaus; tourist
19527  development councils; economic development organizations; and
19528  local governments. In carrying out this responsibility, the
19529  department shall focus its agritourism efforts on rural and
19530  urban communities.
19531         Section 334. Subsection (1) of section 597.006, Florida
19532  Statutes, is amended to read:
19533         597.006 Aquaculture Interagency Coordinating Council.—
19534         (1) CREATION.—The Legislature finds and declares that there
19535  is a need for interagency coordination with regard to
19536  aquaculture by the following agencies: the Department of
19537  Agriculture and Consumer Services; Jobs Florida; the Office of
19538  Tourism, Trade, and Economic Development; the Department of
19539  Community Affairs; the Department of Environmental Protection;
19540  the Department of Labor and Employment Security; the Fish and
19541  Wildlife Conservation Commission; the statewide consortium of
19542  universities under the Florida Institute of Oceanography;
19543  Florida Agricultural and Mechanical University; the Institute of
19544  Food and Agricultural Sciences at the University of Florida; and
19545  the Florida Sea Grant Program. It is therefore the intent of the
19546  Legislature to hereby create an Aquaculture Interagency
19547  Coordinating Council to act as an advisory body as defined in s.
19548  20.03(9).
19549         Section 335. Paragraph (d) of subsection (2) of section
19550  624.5105, Florida Statutes, is amended to read:
19551         624.5105 Community contribution tax credit; authorization;
19552  limitations; eligibility and application requirements;
19553  administration; definitions; expiration.—
19554         (2) ELIGIBILITY REQUIREMENTS.—
19555         (d) The project shall be located in an area designated as
19556  an enterprise zone or a Front Porch Community pursuant to s.
19557  20.18(6). Any project designed to construct or rehabilitate
19558  housing for low-income or very-low-income households as defined
19559  in s. 420.9071(19) and (28) is exempt from the area requirement
19560  of this paragraph.
19561         Section 336. Section 625.3255, Florida Statutes, is amended
19562  to read:
19563         625.3255 Capital participation instrument.—An insurer may
19564  invest in any capital participation instrument or evidence of
19565  indebtedness issued by the Jobs Florida Partnership, Inc.,
19566  Florida Black Business Investment Board pursuant to the Florida
19567  Small and Minority Business Assistance Act.
19568         Section 337. Paragraph (b) of subsection (2) of section
19569  627.0628, Florida Statutes, is amended to read:
19570         627.0628 Florida Commission on Hurricane Loss Projection
19571  Methodology; public records exemption; public meetings
19572  exemption.—
19573         (2) COMMISSION CREATED.—
19574         (b) The commission shall consist of the following 11
19575  members:
19576         1. The insurance consumer advocate.
19577         2. The senior employee of the State Board of Administration
19578  responsible for operations of the Florida Hurricane Catastrophe
19579  Fund.
19580         3. The Executive Director of the Citizens Property
19581  Insurance Corporation.
19582         4. The Director of the Office Division of Emergency
19583  Management of the Department of Community Affairs.
19584         5. The actuary member of the Florida Hurricane Catastrophe
19585  Fund Advisory Council.
19586         6. An employee of the office who is an actuary responsible
19587  for property insurance rate filings and who is appointed by the
19588  director of the office.
19589         7. Five members appointed by the Chief Financial Officer,
19590  as follows:
19591         a. An actuary who is employed full time by a property and
19592  casualty insurer that which was responsible for at least 1
19593  percent of the aggregate statewide direct written premium for
19594  homeowner’s insurance in the calendar year preceding the
19595  member’s appointment to the commission.
19596         b. An expert in insurance finance who is a full-time member
19597  of the faculty of the State University System and who has a
19598  background in actuarial science.
19599         c. An expert in statistics who is a full-time member of the
19600  faculty of the State University System and who has a background
19601  in insurance.
19602         d. An expert in computer system design who is a full-time
19603  member of the faculty of the State University System.
19604         e. An expert in meteorology who is a full-time member of
19605  the faculty of the State University System and who specializes
19606  in hurricanes.
19607         Section 338. Paragraph (b) of subsection (4) of section
19608  657.042, Florida Statutes, is amended to read:
19609         657.042 Investment powers and limitations.—A credit union
19610  may invest its funds subject to the following definitions,
19611  restrictions, and limitations:
19612         (4) INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF
19613  CAPITAL OF THE CREDIT UNION.—Up to 1 percent of the capital of
19614  the credit union may be invested in any of the following:
19615         (b) Any capital participation instrument or evidence of
19616  indebtedness issued by the Jobs Florida Partnership, Inc.,
19617  Florida Black Business Investment Board pursuant to the Florida
19618  Small and Minority Business Assistance Act.
19619         Section 339. Paragraph (g) of subsection (4) of section
19620  658.67, Florida Statutes, is amended to read:
19621         658.67 Investment powers and limitations.—A bank may invest
19622  its funds, and a trust company may invest its corporate funds,
19623  subject to the following definitions, restrictions, and
19624  limitations:
19625         (4) INVESTMENTS SUBJECT TO LIMITATION OF TEN PERCENT OR
19626  LESS OF CAPITAL ACCOUNTS.—
19627         (g) Up to 10 percent of the capital accounts of a bank or
19628  trust company may be invested in any capital participation
19629  instrument or evidence of indebtedness issued by the Jobs
19630  Florida Partnership, Inc., Florida Black Business Investment
19631  Board pursuant to the Florida Small and Minority Business
19632  Assistance Act.
19633         Section 340. Paragraph (d) of subsection (2) of section
19634  768.13, Florida Statutes, is amended to read:
19635         768.13 Good Samaritan Act; immunity from civil liability.—
19636         (2)
19637         (d) Any person whose acts or omissions are not otherwise
19638  covered by this section and who participates in emergency
19639  response activities under the direction of or in connection with
19640  a community emergency response team, local emergency management
19641  agencies, the Office Division of Emergency Management of the
19642  Department of Community Affairs, or the Federal Emergency
19643  Management Agency is not liable for any civil damages as a
19644  result of care, treatment, or services provided gratuitously in
19645  such capacity and resulting from any act or failure to act in
19646  such capacity in providing or arranging further care, treatment,
19647  or services, if such person acts as a reasonably prudent person
19648  would have acted under the same or similar circumstances.
19649         Section 341. Subsection (14) of section 943.03, Florida
19650  Statutes, is amended to read:
19651         943.03 Department of Law Enforcement.—
19652         (14) The department, with respect to counter-terrorism
19653  efforts, responses to acts of terrorism within or affecting this
19654  state, and other matters related to the domestic security of
19655  Florida as it relates to terrorism, shall coordinate and direct
19656  the law enforcement, initial emergency, and other initial
19657  responses. The department shall work closely with the Office
19658  Division of Emergency Management, other federal, state, and
19659  local law enforcement agencies, fire and rescue agencies, first
19660  responder agencies, and others involved in preparation against
19661  acts of terrorism in or affecting this state and in the response
19662  to such acts. The executive director of the department, or
19663  another member of the department designated by the director,
19664  shall serve as Chief of Domestic Security for the purpose of
19665  directing and coordinating such efforts. The department and
19666  Chief of Domestic Security shall use the regional domestic
19667  security task forces as established in this chapter to assist in
19668  such efforts.
19669         Section 342. Section 943.03101, Florida Statutes, is
19670  amended to read:
19671         943.03101 Counter-terrorism coordination.—The Legislature
19672  finds that with respect to counter-terrorism efforts and initial
19673  responses to acts of terrorism within or affecting this state,
19674  specialized efforts of emergency management which that are
19675  unique to such situations are required and that these efforts
19676  intrinsically involve very close coordination of federal, state,
19677  and local law enforcement agencies with the efforts of all
19678  others involved in emergency-response efforts. In order to best
19679  provide this specialized effort with respect to counter
19680  terrorism efforts and responses, the Legislature has determined
19681  that such efforts should be coordinated by and through the
19682  Department of Law Enforcement, working closely with the Office
19683  Division of Emergency Management and others involved in
19684  preparation against acts of terrorism in or affecting this
19685  state, and in the initial response to such acts, in accordance
19686  with the state comprehensive emergency management plan prepared
19687  pursuant to s. 252.35(2)(a).
19688         Section 343. Subsection (7) of section 943.0311, Florida
19689  Statutes, is amended to read:
19690         943.0311 Chief of Domestic Security; duties of the
19691  department with respect to domestic security.—
19692         (7) As used in this section, the term “state agency”
19693  includes the Agency for Health Care Administration, the Agency
19694  for Workforce Innovation, the Department of Agriculture and
19695  Consumer Services, the Department of Business and Professional
19696  Regulation, the Department of Children and Family Services, the
19697  Department of Citrus, the Department of Community Affairs, the
19698  Department of Corrections, the Department of Education, the
19699  Department of Elderly Affairs, the Office of Emergency
19700  Management, the Department of Environmental Protection, the
19701  Department of Financial Services, the Department of Health, the
19702  Department of Highway Safety and Motor Vehicles, Jobs Florida,
19703  the Department of Juvenile Justice, the Department of Law
19704  Enforcement, the Department of Legal Affairs, the Department of
19705  Management Services, the Department of Military Affairs, the
19706  Department of Revenue, the Department of State, the Department
19707  of the Lottery, the Department of Transportation, the Department
19708  of Veterans’ Affairs, the Fish and Wildlife Conservation
19709  Commission, the Parole Commission, the State Board of
19710  Administration, and the Executive Office of the Governor.
19711         Section 344. Paragraph (d) of subsection (1) and subsection
19712  (3) of section 943.0312, Florida Statutes, are amended to read:
19713         943.0312 Regional domestic security task forces.—The
19714  Legislature finds that there is a need to develop and implement
19715  a statewide strategy to address prevention, preparation,
19716  protection, response, and recovery efforts by federal, state,
19717  and local law enforcement agencies, emergency management
19718  agencies, fire and rescue departments, first-responder personnel
19719  and others in dealing with potential or actual terrorist acts
19720  within or affecting this state.
19721         (1) To assist the department and the Chief of Domestic
19722  Security in performing their roles and duties in this regard,
19723  the department shall establish a regional domestic security task
19724  force in each of the department’s operational regions. The task
19725  forces shall serve in an advisory capacity to the department and
19726  the Chief of Domestic Security and shall provide support to the
19727  department in its performance of functions pertaining to
19728  domestic security.
19729         (d) The co-chairs of each task force may appoint
19730  subcommittees and subcommittee chairs as necessary in order to
19731  address issues related to the various disciplines represented on
19732  the task force, except that subcommittee chairs for emergency
19733  management shall be appointed with the approval of the director
19734  of the Office Division of Emergency Management. A subcommittee
19735  chair shall serve at the pleasure of the co-chairs.
19736         (3) The Chief of Domestic Security, in conjunction with the
19737  Office Division of Emergency Management, the regional domestic
19738  security task forces, and the various state entities responsible
19739  for establishing training standards applicable to state law
19740  enforcement officers and fire, emergency, and first-responder
19741  personnel shall identify appropriate equipment and training
19742  needs, curricula, and materials related to the effective
19743  response to suspected or actual acts of terrorism or incidents
19744  involving real or hoax weapons of mass destruction as defined in
19745  s. 790.166. Recommendations for funding for purchases of
19746  equipment, delivery of training, implementation of, or revision
19747  to basic or continued training required for state licensure or
19748  certification, or other related responses shall be made by the
19749  Chief of Domestic Security to the Domestic Security Oversight
19750  Council, the Executive Office of the Governor, the President of
19751  the Senate, and the Speaker of the House of Representatives as
19752  necessary to ensure that the needs of this state with regard to
19753  the preparing, equipping, training, and exercising of response
19754  personnel are identified and addressed. In making such
19755  recommendations, the Chief of Domestic Security and the Office
19756  Division of Emergency Management shall identify all funding
19757  sources that may be available to fund such efforts.
19758         Section 345. Paragraph (a) of subsection (1), paragraph (b)
19759  of subsection (2), and paragraphs (a) and (b) of subsection (4)
19760  of section 943.0313, Florida Statutes, are amended to read:
19761         943.0313 Domestic Security Oversight Council.—The
19762  Legislature finds that there exists a need to provide executive
19763  direction and leadership with respect to terrorism prevention,
19764  preparation, protection, response, and recovery efforts by state
19765  and local agencies in this state. In recognition of this need,
19766  the Domestic Security Oversight Council is hereby created. The
19767  council shall serve as an advisory council pursuant to s.
19768  20.03(7) to provide guidance to the state’s regional domestic
19769  security task forces and other domestic security working groups
19770  and to make recommendations to the Governor and the Legislature
19771  regarding the expenditure of funds and allocation of resources
19772  related to counter-terrorism and domestic security efforts.
19773         (1) MEMBERSHIP.—
19774         (a) The Domestic Security Oversight Council shall consist
19775  of the following voting members:
19776         1. The executive director of the Department of Law
19777  Enforcement.
19778         2. The director of the Office Division of Emergency
19779  Management within the Department of Community Affairs.
19780         3. The Attorney General.
19781         4. The Commissioner of Agriculture.
19782         5. The State Surgeon General.
19783         6. The Commissioner of Education.
19784         7. The State Fire Marshal.
19785         8. The adjutant general of the Florida National Guard.
19786         9. The state chief information officer.
19787         10. Each sheriff or chief of police who serves as a co
19788  chair of a regional domestic security task force pursuant to s.
19789  943.0312(1)(b).
19790         11. Each of the department’s special agents in charge who
19791  serve as a co-chair of a regional domestic security task force.
19792         12. Two representatives of the Florida Fire Chiefs
19793  Association.
19794         13. One representative of the Florida Police Chiefs
19795  Association.
19796         14. One representative of the Florida Prosecuting Attorneys
19797  Association.
19798         15. The chair of the Statewide Domestic Security
19799  Intelligence Committee.
19800         16. One representative of the Florida Hospital Association.
19801         17. One representative of the Emergency Medical Services
19802  Advisory Council.
19803         18. One representative of the Florida Emergency
19804  Preparedness Association.
19805         19. One representative of the Florida Seaport
19806  Transportation and Economic Development Council.
19807         (2) ORGANIZATION.—
19808         (b) The executive director of the Department of Law
19809  Enforcement shall serve as chair of the council, and the
19810  director of the Office Division of Emergency Management within
19811  the Department of Community Affairs shall serve as vice chair of
19812  the council. In the absence of the chair, the vice chair shall
19813  serve as chair. In the absence of the vice chair, the chair may
19814  name any member of the council to perform the duties of the
19815  chair if such substitution does not extend beyond a defined
19816  meeting, duty, or period of time.
19817         (4) EXECUTIVE COMMITTEE.—
19818         (a) The council shall establish an executive committee
19819  consisting of the following members:
19820         1. The executive director of the Department of Law
19821  Enforcement.
19822         2. The director of the Office Division of Emergency
19823  Management within the Department of Community Affairs.
19824         3. The Attorney General.
19825         4. The Commissioner of Agriculture.
19826         5. The State Surgeon General.
19827         6. The Commissioner of Education.
19828         7. The State Fire Marshal.
19829         (b) The executive director of the Department of Law
19830  Enforcement shall serve as the chair of the executive committee,
19831  and the director of the Office Division of Emergency Management
19832  within the Department of Community Affairs shall serve as the
19833  vice chair of the executive committee.
19834         Section 346. Subsection (5) of section 944.012, Florida
19835  Statutes, is amended to read:
19836         944.012 Legislative intent.—The Legislature hereby finds
19837  and declares that:
19838         (5) In order to make the correctional system an efficient
19839  and effective mechanism, the various agencies involved in the
19840  correctional process must coordinate their efforts. Where
19841  possible, interagency offices should be physically located
19842  within major institutions and should include representatives of
19843  the public employment service the Florida State Employment
19844  Service, the vocational rehabilitation programs of the
19845  Department of Education, and the Parole Commission. Duplicative
19846  and unnecessary methods of evaluating offenders must be
19847  eliminated and areas of responsibility consolidated in order to
19848  more economically utilize present scarce resources.
19849         Section 347. Section 944.708, Florida Statutes, is amended
19850  to read:
19851         944.708 Rules.—The Department of Corrections and the Agency
19852  for Workforce Innovation shall adopt rules to implement the
19853  provisions of ss. 944.701-944.707.
19854         Section 348. Paragraph (h) of subsection (3) of section
19855  944.801, Florida Statutes, is amended to read:
19856         944.801 Education for state prisoners.—
19857         (3) The responsibilities of the Correctional Education
19858  Program shall be to:
19859         (h) Develop a written procedure for selecting programs to
19860  add to or delete from the vocational curriculum. The procedure
19861  shall include labor market analyses that which demonstrate the
19862  projected demand for certain occupations and the projected
19863  supply of potential employees. In conducting these analyses, the
19864  department shall evaluate the feasibility of adding vocational
19865  education programs that which have been identified by Jobs
19866  Florida, the Department of Education, the Agency for Workforce
19867  Innovation or a regional coordinating council as being in
19868  undersupply in this state. The department shall periodically
19869  reevaluate the vocational education programs in major
19870  institutions to determine which of the programs support and
19871  provide relevant skills to inmates who could be assigned to a
19872  correctional work program that is operated as a Prison Industry
19873  Enhancement Program.
19874         Section 349. Paragraph (d) of subsection (3) of section
19875  945.10, Florida Statutes, is amended to read:
19876         945.10 Confidential information.—
19877         (3) Due to substantial concerns regarding institutional
19878  security and unreasonable and excessive demands on personnel and
19879  resources if an inmate or an offender has unlimited or routine
19880  access to records of the Department of Corrections, an inmate or
19881  an offender who is under the jurisdiction of the department may
19882  not have unrestricted access to the department’s records or to
19883  information contained in the department’s records. However,
19884  except as to another inmate’s or offender’s records, the
19885  department may permit limited access to its records if an inmate
19886  or an offender makes a written request and demonstrates an
19887  exceptional need for information contained in the department’s
19888  records and the information is otherwise unavailable.
19889  Exceptional circumstances include, but are not limited to:
19890         (d) The requested records contain information required to
19891  process an application or claim by the inmate or offender with
19892  the Internal Revenue Service, the Social Security
19893  Administration, Jobs Florida the Agency for Workforce
19894  Innovation, or any other similar application or claim with a
19895  state agency or federal agency.
19896         Section 350. Subsection (4) of section 985.601, Florida
19897  Statutes, is amended to read:
19898         985.601 Administering the juvenile justice continuum.—
19899         (4) The department shall maintain continuing cooperation
19900  with the Department of Education, the Department of Children and
19901  Family Services, the Agency for Workforce Innovation, Jobs
19902  Florida, and the Department of Corrections for the purpose of
19903  participating in agreements with respect to dropout prevention
19904  and the reduction of suspensions, expulsions, and truancy;
19905  increased access to and participation in GED, vocational, and
19906  alternative education programs; and employment training and
19907  placement assistance. The cooperative agreements between the
19908  departments shall include an interdepartmental plan to cooperate
19909  in accomplishing the reduction of inappropriate transfers of
19910  children into the adult criminal justice and correctional
19911  systems.
19912         Section 351. Subsections (1) and (2) of section 1002.375,
19913  Florida Statutes, are amended to read:
19914         1002.375 Alternative credit for high school courses; pilot
19915  project.—
19916         (1) The Commissioner of Education shall implement a pilot
19917  project in up to three school districts beginning in the 2008
19918  2009 school year which allows school districts to award
19919  alternative course credit for students enrolled in nationally or
19920  state-recognized industry certification programs, as defined by
19921  the former Agency for Workforce Innovation or Jobs Florida, in
19922  accordance with the criteria described in s. 1003.492(2). The
19923  Commissioner of Education shall establish criteria for districts
19924  that participate in the pilot program. School districts
19925  interested in participating in the program must submit a letter
19926  of interest by July 15, 2008, to the Commissioner of Education
19927  identifying up to five nationally or state-recognized industry
19928  certification programs, as defined by the former Agency for
19929  Workforce Innovation or Jobs Florida, in accordance with the
19930  criteria described in s. 1003.492(2), under which the district
19931  would like to award alternative credit for the eligible courses
19932  identified in subsection (2). The Commissioner of Education
19933  shall select up to three participating school districts by July
19934  30, 2008. The Commissioner of Education shall submit a report to
19935  the Governor, the President of the Senate, and the Speaker of
19936  the House of Representatives identifying the number of students
19937  choosing to earn alternative credit, the number of students that
19938  received alternative credit, and legislative recommendations for
19939  expanding the use of alternative credit for core academic
19940  courses required for high school graduation. The report shall be
19941  submitted by January 1, 2010.
19942         (2) For purposes of designing and implementing a successful
19943  pilot project, eligible alternative credit courses include
19944  Algebra 1a, Algebra 1b, Algebra 1, Geometry, and Biology.
19945  Alternative credits shall be awarded for courses in which a
19946  student is not enrolled, but for which the student may earn
19947  academic credit by enrolling in another course or sequence of
19948  courses required to earn a nationally or state-recognized
19949  industry certificate, as defined by the former Agency for
19950  Workforce Innovation or Jobs Florida, in accordance with the
19951  criteria described in s. 1003.492(2), of which the majority of
19952  the standards-based content in the course description is
19953  consistent with the alternative credit course description
19954  approved by the Department of Education.
19955         Section 352. Paragraph (b) of subsection (4) and subsection
19956  (5) of section 1002.53, Florida Statutes, are amended to read:
19957         1002.53 Voluntary Prekindergarten Education Program;
19958  eligibility and enrollment.—
19959         (4)
19960         (b) The application must be submitted on forms prescribed
19961  by the department Agency for Workforce Innovation and must be
19962  accompanied by a certified copy of the child’s birth
19963  certificate. The forms must include a certification, in
19964  substantially the form provided in s. 1002.71(6)(b)2., that the
19965  parent chooses the private prekindergarten provider or public
19966  school in accordance with this section and directs that payments
19967  for the program be made to the provider or school. The
19968  department Agency for Workforce Innovation may authorize
19969  alternative methods for submitting proof of the child’s age in
19970  lieu of a certified copy of the child’s birth certificate.
19971         (5) The early learning coalition shall provide each parent
19972  enrolling a child in the Voluntary Prekindergarten Education
19973  Program with a profile of every private prekindergarten provider
19974  and public school delivering the program within the county where
19975  the child is being enrolled. The profiles shall be provided to
19976  parents in a format prescribed by the department Agency for
19977  Workforce Innovation. The profiles must include, at a minimum,
19978  the following information about each provider and school:
19979         (a) The provider’s or school’s services, curriculum,
19980  instructor credentials, and instructor-to-student ratio; and
19981         (b) The provider’s or school’s kindergarten readiness rate
19982  calculated in accordance with s. 1002.69, based upon the most
19983  recent available results of the statewide kindergarten
19984  screening.
19985         Section 353. Paragraphs (e) and (h) of subsection (3) of
19986  section 1002.55, Florida Statutes, are amended to read:
19987         1002.55 School-year prekindergarten program delivered by
19988  private prekindergarten providers.—
19989         (3) To be eligible to deliver the prekindergarten program,
19990  a private prekindergarten provider must meet each of the
19991  following requirements:
19992         (e) A private prekindergarten provider may assign a
19993  substitute instructor to temporarily replace a credentialed
19994  instructor if the credentialed instructor assigned to a
19995  prekindergarten class is absent, as long as the substitute
19996  instructor is of good moral character and has been screened
19997  before employment in accordance with level 2 background
19998  screening requirements in chapter 435. The department Agency for
19999  Workforce Innovation shall adopt rules to implement this
20000  paragraph which shall include required qualifications of
20001  substitute instructors and the circumstances and time limits for
20002  which a private prekindergarten provider may assign a substitute
20003  instructor.
20004         (h) The private prekindergarten provider must register with
20005  the early learning coalition on forms prescribed by the
20006  department Agency for Workforce Innovation.
20007         Section 354. Subsections (6) and (8) of section 1002.61,
20008  Florida Statutes, are amended to read:
20009         1002.61 Summer prekindergarten program delivered by public
20010  schools and private prekindergarten providers.—
20011         (6) A public school or private prekindergarten provider may
20012  assign a substitute instructor to temporarily replace a
20013  credentialed instructor if the credentialed instructor assigned
20014  to a prekindergarten class is absent, as long as the substitute
20015  instructor is of good moral character and has been screened
20016  before employment in accordance with level 2 background
20017  screening requirements in chapter 435. This subsection does not
20018  supersede employment requirements for instructional personnel in
20019  public schools which are more stringent than the requirements of
20020  this subsection. The department Agency for Workforce Innovation
20021  shall adopt rules to implement this subsection which shall
20022  include required qualifications of substitute instructors and
20023  the circumstances and time limits for which a public school or
20024  private prekindergarten provider may assign a substitute
20025  instructor.
20026         (8) Each public school delivering the summer
20027  prekindergarten program must also:
20028         (a) Register with the early learning coalition on forms
20029  prescribed by the department Agency for Workforce Innovation;
20030  and
20031         (b) Deliver the Voluntary Prekindergarten Education Program
20032  in accordance with this part.
20033         Section 355. Subsections (6) and (8) of section 1002.63,
20034  Florida Statutes, are amended to read:
20035         1002.63 School-year prekindergarten program delivered by
20036  public schools.—
20037         (6) A public school prekindergarten provider may assign a
20038  substitute instructor to temporarily replace a credentialed
20039  instructor if the credentialed instructor assigned to a
20040  prekindergarten class is absent, as long as the substitute
20041  instructor is of good moral character and has been screened
20042  before employment in accordance with level 2 background
20043  screening requirements in chapter 435. This subsection does not
20044  supersede employment requirements for instructional personnel in
20045  public schools which are more stringent than the requirements of
20046  this subsection. The department Agency for Workforce Innovation
20047  shall adopt rules to implement this subsection which shall
20048  include required qualifications of substitute instructors and
20049  the circumstances and time limits for which a public school
20050  prekindergarten provider may assign a substitute instructor.
20051         (8) Each public school delivering the school-year
20052  prekindergarten program must:
20053         (a) Register with the early learning coalition on forms
20054  prescribed by the department Agency for Workforce Innovation;
20055  and
20056         (b) Deliver the Voluntary Prekindergarten Education Program
20057  in accordance with this part.
20058         Section 356. Subsections (1) and (3) of section 1002.67,
20059  Florida Statutes, are amended to read:
20060         1002.67 Performance standards; curricula and
20061  accountability.—
20062         (1) By April 1, 2005, The department shall develop and
20063  adopt performance standards for students in the Voluntary
20064  Prekindergarten Education Program. The performance standards
20065  must address the age-appropriate progress of students in the
20066  development of:
20067         (a) The capabilities, capacities, and skills required under
20068  s. 1(b), Art. IX of the State Constitution; and
20069         (b) Emergent literacy skills, including oral communication,
20070  knowledge of print and letters, phonemic and phonological
20071  awareness, and vocabulary and comprehension development.
20072         (3)(a) Each early learning coalition shall verify that each
20073  private prekindergarten provider delivering the Voluntary
20074  Prekindergarten Education Program within the coalition’s county
20075  or multicounty region complies with this part. Each district
20076  school board shall verify that each public school delivering the
20077  program within the school district complies with this part.
20078         (b) If a private prekindergarten provider or public school
20079  fails or refuses to comply with this part, or if a provider or
20080  school engages in misconduct, the department Agency for
20081  Workforce Innovation shall require the early learning coalition
20082  to remove the provider or , and the Department of Education
20083  shall require the school district to remove the school, from
20084  eligibility to deliver the Voluntary Prekindergarten Education
20085  Program and receive state funds under this part.
20086         (c)1. If the kindergarten readiness rate of a private
20087  prekindergarten provider or public school falls below the
20088  minimum rate adopted by the State Board of Education as
20089  satisfactory under s. 1002.69(6), the early learning coalition
20090  or school district, as applicable, shall require the provider or
20091  school to submit an improvement plan for approval by the
20092  coalition or school district, as applicable, and to implement
20093  the plan.
20094         2. If a private prekindergarten provider or public school
20095  fails to meet the minimum rate adopted by the State Board of
20096  Education as satisfactory under s. 1002.69(6) for 2 consecutive
20097  years, the early learning coalition or school district, as
20098  applicable, shall place the provider or school on probation and
20099  must require the provider or school to take certain corrective
20100  actions, including the use of a curriculum approved by the
20101  department under paragraph (2)(c).
20102         3. A private prekindergarten provider or public school that
20103  is placed on probation must continue the corrective actions
20104  required under subparagraph 2., including the use of a
20105  curriculum approved by the department, until the provider or
20106  school meets the minimum rate adopted by the State Board of
20107  Education as satisfactory under s. 1002.69(6).
20108         4. If a private prekindergarten provider or public school
20109  remains on probation for 2 consecutive years and fails to meet
20110  the minimum rate adopted by the State Board of Education as
20111  satisfactory under s. 1002.69(6) and is not granted a good cause
20112  exemption by the department pursuant to s. 1002.69(7), the
20113  department Agency for Workforce Innovation shall require the
20114  early learning coalition or the Department of Education shall
20115  require the school district to remove, as applicable, the
20116  provider or school from eligibility to deliver the Voluntary
20117  Prekindergarten Education Program and receive state funds for
20118  the program.
20119         (d) Each early learning coalition, the Agency for Workforce
20120  Innovation, and the department shall coordinate with the Child
20121  Care Services Program Office of the Department of Children and
20122  Family Services to minimize interagency duplication of
20123  activities for monitoring private prekindergarten providers for
20124  compliance with requirements of the Voluntary Prekindergarten
20125  Education Program under this part, the school readiness programs
20126  under s. 411.01, and the licensing of providers under ss.
20127  402.301-402.319.
20128         Section 357. Paragraph (f) of subsection (7) of section
20129  1002.69, Florida Statutes, is amended to read:
20130         1002.69 Statewide kindergarten screening; kindergarten
20131  readiness rates.—
20132         (7)
20133         (f) The State Board of Education shall notify the
20134  department Agency for Workforce Innovation of any good cause
20135  exemption granted to a private prekindergarten provider under
20136  this subsection. If a good cause exemption is granted to a
20137  private prekindergarten provider who remains on probation for 2
20138  consecutive years, the department Agency for Workforce
20139  Innovation shall notify the early learning coalition of the good
20140  cause exemption and direct that the coalition, notwithstanding
20141  s. 1002.67(3)(c)4., not remove the provider from eligibility to
20142  deliver the Voluntary Prekindergarten Education Program or to
20143  receive state funds for the program, if the provider meets all
20144  other applicable requirements of this part.
20145         Section 358. Paragraph (c) of subsection (3), subsection
20146  (4), paragraph (b) of subsection (5), and subsections (6) and
20147  (7) of section 1002.71, Florida Statutes, are amended to read:
20148         1002.71 Funding; financial and attendance reporting.—
20149         (3)
20150         (c) The initial allocation shall be based on estimated
20151  student enrollment in each coalition service area. The
20152  department Agency for Workforce Innovation shall reallocate
20153  funds among the coalitions based on actual full-time equivalent
20154  student enrollment in each coalition service area.
20155         (4) Notwithstanding s. 1002.53(3) and subsection (2):
20156         (a) A child who, for any of the prekindergarten programs
20157  listed in s. 1002.53(3), has not completed more than 70 percent
20158  of the hours authorized to be reported for funding under
20159  subsection (2), or has not expended more than 70 percent of the
20160  funds authorized for the child under s. 1002.66, may withdraw
20161  from the program for good cause and reenroll in one of the
20162  programs. The total funding for a child who reenrolls in one of
20163  the programs for good cause may not exceed one full-time
20164  equivalent student. Funding for a child who withdraws and
20165  reenrolls in one of the programs for good cause shall be issued
20166  in accordance with the department’s agency’s uniform attendance
20167  policy adopted pursuant to paragraph (6)(d).
20168         (b) A child who has not substantially completed any of the
20169  prekindergarten programs listed in s. 1002.53(3) may withdraw
20170  from the program due to an extreme hardship that is beyond the
20171  child’s or parent’s control, reenroll in one of the summer
20172  programs, and be reported for funding purposes as a full-time
20173  equivalent student in the summer program for which the child is
20174  reenrolled.
20175  
20176  A child may reenroll only once in a prekindergarten program
20177  under this section. A child who reenrolls in a prekindergarten
20178  program under this subsection may not subsequently withdraw from
20179  the program and reenroll. The department Agency for Workforce
20180  Innovation shall establish criteria specifying whether a good
20181  cause exists for a child to withdraw from a program under
20182  paragraph (a), whether a child has substantially completed a
20183  program under paragraph (b), and whether an extreme hardship
20184  exists which is beyond the child’s or parent’s control under
20185  paragraph (b).
20186         (5)
20187         (b) The department Agency for Workforce Innovation shall
20188  adopt procedures for the payment of private prekindergarten
20189  providers and public schools delivering the Voluntary
20190  Prekindergarten Education Program. The procedures shall provide
20191  for the advance payment of providers and schools based upon
20192  student enrollment in the program, the certification of student
20193  attendance, and the reconciliation of advance payments in
20194  accordance with the uniform attendance policy adopted under
20195  paragraph (6)(d). The procedures shall provide for the monthly
20196  distribution of funds by the department Agency for Workforce
20197  Innovation to the early learning coalitions for payment by the
20198  coalitions to private prekindergarten providers and public
20199  schools. The department shall transfer to the Agency for
20200  Workforce Innovation at least once each quarter the funds
20201  available for payment to private prekindergarten providers and
20202  public schools in accordance with this paragraph from the funds
20203  appropriated for that purpose.
20204         (6)(a) Each parent enrolling his or her child in the
20205  Voluntary Prekindergarten Education Program must agree to comply
20206  with the attendance policy of the private prekindergarten
20207  provider or district school board, as applicable. Upon
20208  enrollment of the child, the private prekindergarten provider or
20209  public school, as applicable, must provide the child’s parent
20210  with a copy of the provider’s or school district’s attendance
20211  policy, as applicable.
20212         (b)1. Each private prekindergarten provider’s and district
20213  school board’s attendance policy must require the parent of each
20214  student in the Voluntary Prekindergarten Education Program to
20215  verify, each month, the student’s attendance on the prior
20216  month’s certified student attendance.
20217         2. The parent must submit the verification of the student’s
20218  attendance to the private prekindergarten provider or public
20219  school on forms prescribed by the department Agency for
20220  Workforce Innovation. The forms must include, in addition to the
20221  verification of the student’s attendance, a certification, in
20222  substantially the following form, that the parent continues to
20223  choose the private prekindergarten provider or public school in
20224  accordance with s. 1002.53 and directs that payments for the
20225  program be made to the provider or school:
20226  
20227                VERIFICATION OF STUDENT’S ATTENDANCE               
20228                AND CERTIFICATION OF PARENTAL CHOICE               
20229  
20230  I, ...(Name of Parent)..., swear (or affirm) that my child,
20231  ...(Name of Student)..., attended the Voluntary Prekindergarten
20232  Education Program on the days listed above and certify that I
20233  continue to choose ...(Name of Provider or School)... to deliver
20234  the program for my child and direct that program funds be paid
20235  to the provider or school for my child.
20236  ...(Signature of Parent)...
20237  ...(Date)...
20238  
20239         3. The private prekindergarten provider or public school
20240  must keep each original signed form for at least 2 years. Each
20241  private prekindergarten provider must permit the early learning
20242  coalition, and each public school must permit the school
20243  district, to inspect the original signed forms during normal
20244  business hours. The department Agency for Workforce Innovation
20245  shall adopt procedures for early learning coalitions and school
20246  districts to review the original signed forms against the
20247  certified student attendance. The review procedures shall
20248  provide for the use of selective inspection techniques,
20249  including, but not limited to, random sampling. Each early
20250  learning coalition and the school districts must comply with the
20251  review procedures.
20252         (c) A private prekindergarten provider or school district,
20253  as applicable, may dismiss a student who does not comply with
20254  the provider’s or district’s attendance policy. A student
20255  dismissed under this paragraph is not removed from the Voluntary
20256  Prekindergarten Education Program and may continue in the
20257  program through reenrollment with another private
20258  prekindergarten provider or public school. Notwithstanding s.
20259  1002.53(6)(b), a school district is not required to provide for
20260  the admission of a student dismissed under this paragraph.
20261         (d) The department Agency for Workforce Innovation shall
20262  adopt, for funding purposes, a uniform attendance policy for the
20263  Voluntary Prekindergarten Education Program. The attendance
20264  policy must apply statewide and apply equally to all private
20265  prekindergarten providers and public schools. The attendance
20266  policy must include at least the following provisions:
20267         1. Beginning with the 2009-2010 fiscal year for school-year
20268  programs, A student’s attendance may be reported on a pro rata
20269  basis as a fractional part of a full-time equivalent student.
20270         2. At a maximum, 20 percent of the total payment made on
20271  behalf of a student to a private prekindergarten provider or a
20272  public school may be for hours a student is absent.
20273         3. A private prekindergarten provider or public school may
20274  not receive payment for absences that occur before a student’s
20275  first day of attendance or after a student’s last day of
20276  attendance.
20277  
20278  The uniform attendance policy shall be used only for funding
20279  purposes and does not prohibit a private prekindergarten
20280  provider or public school from adopting and enforcing its
20281  attendance policy under paragraphs (a) and (c).
20282         (7) The department Agency for Workforce Innovation shall
20283  require that administrative expenditures be kept to the minimum
20284  necessary for efficient and effective administration of the
20285  Voluntary Prekindergarten Education Program. Administrative
20286  policies and procedures shall be revised, to the maximum extent
20287  practicable, to incorporate the use of automation and electronic
20288  submission of forms, including those required for child
20289  eligibility and enrollment, provider and class registration, and
20290  monthly certification of attendance for payment. A school
20291  district may use its automated daily attendance reporting system
20292  for the purpose of transmitting attendance records to the early
20293  learning coalition in a mutually agreed-upon format. In
20294  addition, actions shall be taken to reduce paperwork, eliminate
20295  the duplication of reports, and eliminate other duplicative
20296  activities. Beginning with the 2010-2011 fiscal year, each early
20297  learning coalition may retain and expend no more than 4.5
20298  percent of the funds paid by the coalition to private
20299  prekindergarten providers and public schools under paragraph
20300  (5)(b). Funds retained by an early learning coalition under this
20301  subsection may be used only for administering the Voluntary
20302  Prekindergarten Education Program and may not be used for the
20303  school readiness program or other programs.
20304         Section 359. Subsection (1) of section 1002.72, Florida
20305  Statutes, is amended to read:
20306         1002.72 Records of children in the Voluntary
20307  Prekindergarten Education Program.—
20308         (1)(a) The records of a child enrolled in the Voluntary
20309  Prekindergarten Education Program held by an early learning
20310  coalition, the department Agency for Workforce Innovation, or a
20311  Voluntary Prekindergarten Education Program provider are
20312  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
20313  of the State Constitution. For purposes of this section, such
20314  records include assessment data, health data, records of teacher
20315  observations, and personal identifying information of an
20316  enrolled child and his or her parent.
20317         (b) This exemption applies to the records of a child
20318  enrolled in the Voluntary Prekindergarten Education Program held
20319  by an early learning coalition, the department Agency for
20320  Workforce Innovation, or a Voluntary Prekindergarten Education
20321  Program provider before, on, or after the effective date of this
20322  exemption.
20323         Section 360. Subsections (1) and (5) of section 1002.77,
20324  Florida Statutes, are amended to read:
20325         1002.77 Florida Early Learning Advisory Council.—
20326         (1) There is created the Florida Early Learning Advisory
20327  Council within the department Agency for Workforce Innovation.
20328  The purpose of the advisory council is to submit recommendations
20329  to the department and the Agency for Workforce Innovation on the
20330  early learning policy of this state, including recommendations
20331  relating to administration of the Voluntary Prekindergarten
20332  Education Program under this part and the school readiness
20333  programs under s. 411.01.
20334         (5) The department Agency for Workforce Innovation shall
20335  provide staff and administrative support for the advisory
20336  council.
20337         Section 361. Section 1002.79, Florida Statutes, is amended
20338  to read:
20339         1002.79 Rulemaking authority.—
20340         (1) The State Board of Education shall adopt rules under
20341  ss. 120.536(1) and 120.54 to administer the provisions of this
20342  part conferring duties upon the department.
20343         (2) The Agency for Workforce Innovation shall adopt rules
20344  under ss. 120.536(1) and 120.54 to administer the provisions of
20345  this part conferring duties upon the agency.
20346         Section 362. Subsections (2) and (3), paragraph (c) of
20347  subsection (4), and subsection (5) of section 1003.491, Florida
20348  Statutes, are amended to read:
20349         1003.491 Florida Career and Professional Education Act.—The
20350  Florida Career and Professional Education Act is created to
20351  provide a statewide planning partnership between the business
20352  and education communities in order to attract, expand, and
20353  retain targeted, high-value industry and to sustain a strong,
20354  knowledge-based economy.
20355         (2) Beginning with the 2007-2008 school year, Each district
20356  school board shall develop, in collaboration with local
20357  workforce boards and postsecondary institutions approved to
20358  operate in the state, a strategic 5-year plan to address and
20359  meet local and regional workforce demands. If involvement of the
20360  local workforce board in the strategic plan development is not
20361  feasible, the local school board, with the approval of Jobs
20362  Florida the Agency for Workforce Innovation, shall collaborate
20363  with the most appropriate local business leadership board. Two
20364  or more school districts may collaborate in the development of
20365  the strategic plan and offer a career and professional academy
20366  as a joint venture. Such plans must describe in detail
20367  provisions for efficient transportation of students, maximum use
20368  of shared resources, and access to courses through the Florida
20369  Virtual School when appropriate. Each strategic plan shall be
20370  completed no later than June 30, 2008, and shall include
20371  provisions to have in place at least one operational career and
20372  professional academy, pursuant to s. 1003.492, no later than the
20373  beginning of the 2008-2009 school year.
20374         (3) The strategic 5-year plan developed jointly between the
20375  local school district, local workforce boards, and state
20376  approved postsecondary institutions shall be constructed and
20377  based on:
20378         (a) Research conducted to objectively determine local and
20379  regional workforce needs for the ensuing 5 years, using labor
20380  projections of the United States Department of Labor and Jobs
20381  Florida the Agency for Workforce Innovation;
20382         (b) Strategies to develop and implement career academies
20383  based on those careers determined to be in high demand;
20384         (c) Maximum use of private sector facilities and personnel;
20385         (d) Strategies that ensure instruction by industry
20386  certified faculty and standards and strategies to maintain
20387  current industry credentials and for recruiting and retaining
20388  faculty to meet those standards;
20389         (e) Alignment to requirements for middle school career
20390  exploration and high school redesign;
20391         (f) Provisions to ensure that courses offered through
20392  career and professional academies are academically rigorous,
20393  meet or exceed appropriate state-adopted subject area standards,
20394  result in attainment of industry certification, and, when
20395  appropriate, result in postsecondary credit;
20396         (g) Establishment of student eligibility criteria in career
20397  and professional academies which include opportunities for
20398  students who have been unsuccessful in traditional classrooms
20399  but who show aptitude to participate in academies. School boards
20400  shall address the analysis of eighth grade student achievement
20401  data to provide opportunities for students who may be deemed as
20402  potential dropouts to participate in career and professional
20403  academies;
20404         (h) Strategies to provide sufficient space within academies
20405  to meet workforce needs and to provide access to all interested
20406  and qualified students;
20407         (i) Strategies to engage Department of Juvenile Justice
20408  students in career and professional academy training that leads
20409  to industry certification;
20410         (j) Opportunities for high school students to earn weighted
20411  or dual enrollment credit for higher-level career and technical
20412  courses;
20413         (k) Promotion of the benefits of the Gold Seal Bright
20414  Futures Scholarship;
20415         (l) Strategies to ensure the review of district pupil
20416  progression plans and to amend such plans to include career and
20417  professional courses and to include courses that may qualify as
20418  substitute courses for core graduation requirements and those
20419  that may be counted as elective courses; and
20420         (m) Strategies to provide professional development for
20421  secondary guidance counselors on the benefits of career and
20422  professional academies.
20423         (4) The State Board of Education shall establish a process
20424  for the continual and uninterrupted review of newly proposed
20425  core secondary courses and existing courses requested to be
20426  considered as core courses to ensure that sufficient rigor and
20427  relevance is provided for workforce skills and postsecondary
20428  education and aligned to state curriculum standards. The review
20429  of newly proposed core secondary courses shall be the
20430  responsibility of a curriculum review committee whose membership
20431  is approved by the Workforce Florida Board as described in s.
20432  445.004, and shall include:
20433         (c) Three workforce representatives recommended by Jobs
20434  Florida the Agency for Workforce Innovation.
20435         (5) The submission and review of newly proposed core
20436  courses shall be conducted electronically, and each proposed
20437  core course shall be approved or denied within 60 days. All
20438  courses approved as core courses for high school graduation
20439  purposes shall be immediately added to the Course Code
20440  Directory. Approved core courses shall also be reviewed and
20441  considered for approval for dual enrollment credit. The Board of
20442  Governors and the Commissioner of Education shall jointly
20443  recommend an annual deadline for approval of new core courses to
20444  be included for purposes of postsecondary admissions and dual
20445  enrollment credit the following academic year. The State Board
20446  of Education shall establish an appeals process in the event
20447  that a proposed course is denied which shall require a consensus
20448  ruling by Jobs Florida the Agency for Workforce Innovation and
20449  the Commissioner of Education within 15 days. The curriculum
20450  review committee must be established and operational no later
20451  than September 1, 2007.
20452         Section 363. Subsections (2) and (3) of section 1003.492,
20453  Florida Statutes, are amended to read:
20454         1003.492 Industry-certified career education programs.—
20455         (2) The State Board of Education shall use the expertise of
20456  Workforce Florida, Inc., and Enterprise Florida, Inc., to
20457  develop and adopt rules pursuant to ss. 120.536(1) and 120.54
20458  for implementing an industry certification process. Industry
20459  certification shall be defined by Jobs Florida the Agency for
20460  Workforce Innovation, based upon the highest available national
20461  standards for specific industry certification, to ensure student
20462  skill proficiency and to address emerging labor market and
20463  industry trends. A regional workforce board or a career and
20464  professional academy may apply to Workforce Florida, Inc., to
20465  request additions to the approved list of industry
20466  certifications based on high-demand job requirements in the
20467  regional economy. The list of industry certifications approved
20468  by Workforce Florida, Inc., and the Department of Education
20469  shall be published and updated annually by a date certain, to be
20470  included in the adopted rule.
20471         (3) The Department of Education shall collect student
20472  achievement and performance data in industry-certified career
20473  education programs and shall work with Workforce Florida, Inc.,
20474  and Enterprise Florida, Inc., in the analysis of collected data.
20475  The data collection and analyses shall examine the performance
20476  of participating students over time. Performance factors shall
20477  include, but not be limited to, graduation rates, retention
20478  rates, Florida Bright Futures Scholarship awards, additional
20479  educational attainment, employment records, earnings, industry
20480  certification, and employer satisfaction. The results of this
20481  study shall be submitted to the President of the Senate and the
20482  Speaker of the House of Representatives annually by December 31.
20483         Section 364. Paragraphs (f) and (k) of subsection (4) of
20484  section 1003.493, Florida Statutes, are amended to read:
20485         1003.493 Career and professional academies.—
20486         (4) Each career and professional academy must:
20487         (f) Provide instruction in careers designated as high
20488  growth, high demand, and high pay by the local workforce
20489  development board, the chamber of commerce, or Jobs Florida the
20490  Agency for Workforce Innovation.
20491         (k) Include an evaluation plan developed jointly with the
20492  Department of Education and the local workforce board. The
20493  evaluation plan must include an assessment tool based on
20494  national industry standards, such as the Career Academy National
20495  Standards of Practice, and outcome measures, including, but not
20496  limited to, achievement of national industry certifications
20497  identified in the Industry Certification Funding List, pursuant
20498  to rules adopted by the State Board of Education, graduation
20499  rates, enrollment in postsecondary education, business and
20500  industry satisfaction, employment and earnings, awards of
20501  postsecondary credit and scholarships, and student achievement
20502  levels and learning gains on statewide assessments administered
20503  under s. 1008.22(3)(c). The Department of Education shall use
20504  Workforce Florida, Inc., and Enterprise Florida, Inc., in
20505  identifying industry experts to participate in developing and
20506  implementing such assessments.
20507         Section 365. Subsection (3) of section 1003.575, Florida
20508  Statutes, is amended to read:
20509         1003.575 Assistive technology devices; findings;
20510  interagency agreements.—Accessibility, utilization, and
20511  coordination of appropriate assistive technology devices and
20512  services are essential as a young person with disabilities moves
20513  from early intervention to preschool, from preschool to school,
20514  from one school to another, and from school to employment or
20515  independent living. To ensure that an assistive technology
20516  device issued to a young person as part of his or her
20517  individualized family support plan, individual support plan, or
20518  an individual education plan remains with the individual through
20519  such transitions, the following agencies shall enter into
20520  interagency agreements, as appropriate, to ensure the
20521  transaction of assistive technology devices:
20522         (3) The Voluntary Prekindergarten Education Program
20523  administered by the Department of Education and the Agency for
20524  Workforce Innovation.
20525  
20526  Interagency agreements entered into pursuant to this section
20527  shall provide a framework for ensuring that young persons with
20528  disabilities and their families, educators, and employers are
20529  informed about the utilization and coordination of assistive
20530  technology devices and services that may assist in meeting
20531  transition needs, and shall establish a mechanism by which a
20532  young person or his or her parent may request that an assistive
20533  technology device remain with the young person as he or she
20534  moves through the continuum from home to school to postschool.
20535         Section 366. Subsection (4) of section 1003.4285, Florida
20536  Statutes, is amended to read:
20537         1003.4285 Standard high school diploma designations.—Each
20538  standard high school diploma shall include, as applicable:
20539         (4) A designation reflecting a Florida Ready to Work
20540  Credential in accordance with s. 445.06 s. 1004.99.
20541         Section 367. Paragraph (j) of subsection (4) of section
20542  1003.493, Florida Statutes, is amended to read:
20543         1003.493 Career and professional academies.—
20544         (4) Each career and professional academy must:
20545         (j) Provide opportunities for students to obtain the
20546  Florida Ready to Work Certification pursuant to s. 445.06 s.
20547  1004.99.
20548         Section 368. Paragraphs (a), (e), and (f) of subsection (4)
20549  and paragraph (c) of subsection (5) of section 1004.226, Florida
20550  Statutes, are amended to read:
20551         1004.226 The 21st Century Technology, Research, and
20552  Scholarship Enhancement Act.—
20553         (4) FLORIDA TECHNOLOGY, RESEARCH, AND SCHOLARSHIP BOARD.
20554  The Florida Technology, Research, and Scholarship Board is
20555  created within the Board of Governors of the State University
20556  System to guide the establishment of Centers of Excellence, the
20557  attraction of world class scholars, and the commercialization of
20558  products and services developed from the research and
20559  development conducted at state universities.
20560         (a) The board shall consist of 11 members. Five members
20561  shall be appointed by the Governor, one of whom the Governor
20562  shall appoint as chair of the board, one of whom must be a
20563  member of the board of directors of the Jobs Florida Partnership
20564  Enterprise Florida, Inc., and one of whom must be a member of
20565  the Board of Governors of the State University System. Three
20566  members shall be appointed by the President of the Senate, and
20567  three members shall be appointed by the Speaker of the House of
20568  Representatives. Appointed members must be representative of
20569  business leaders, industrial researchers, academic researchers,
20570  scientists, and leaders in the emerging and advanced technology
20571  sector. Appointed members may not serve for more than 4 years,
20572  and any vacancy that occurs during these appointees’ terms shall
20573  be filled in the same manner as the original appointment. A
20574  majority of members constitutes a quorum.
20575         (e) The board shall recommend to the Board of Governors the
20576  qualifications, standards, and requirements for approval of
20577  investments in Centers of Excellence under this act. The board
20578  may form committees of its members and is encouraged to consult
20579  with the Jobs Florida Partnership Enterprise Florida, Inc., the
20580  Florida Research Consortium, Bio-Florida, IT Florida, the
20581  Florida Aviation Aerospace Alliance, and any other entity whose
20582  input may be helpful in determining the requirements and
20583  standards for the program.
20584         (f) The board shall review and approve State University
20585  Research Commercialization Assistance Grants under subsection
20586  (7). The board is encouraged to consult with the Jobs Florida
20587  Partnership Enterprise Florida, Inc.; entities with prior
20588  experience in early stage business investment; and any other
20589  entity whose input may be helpful in evaluating grant proposals.
20590         (5) THE 21ST CENTURY WORLD CLASS SCHOLARS PROGRAM.—
20591         (c) The board, in consultation with senior administrators
20592  of state universities, state university foundation directors,
20593  Jobs Florida the Office of Tourism, Trade, and Economic
20594  Development, the board of directors of the Jobs Florida
20595  Partnership Enterprise Florida, Inc., and leading members of
20596  private industry, shall develop and recommend to the Board of
20597  Governors criteria for the 21st Century World Class Scholars
20598  Program. Such criteria shall address, at a minimum, the
20599  following:
20600         1. The presence of distinguished faculty members, including
20601  whether the university has a substantial history of external
20602  funding, along with the strong potential for attracting a
20603  scholar of national or international eminence.
20604         2. The presence of academically outstanding students, along
20605  with the promise and potential for attracting additional highly
20606  qualified students.
20607         3. The presence of adequate research and scholarly support
20608  services.
20609         4. The existence of an academic environment having
20610  appropriate infrastructure, including buildings, classrooms,
20611  libraries, laboratories, and specialized equipment, that is
20612  conducive to the conduct of the highest quality of scholarship
20613  and research.
20614         5. The demonstration of concordance with Florida’s
20615  strategic plan for economic development or an emphasis on one or
20616  more emerging sciences or technologies that could favorably
20617  impact the state’s economic future.
20618         Section 369. Paragraph (d) of subsection (5) of section
20619  1004.65, Florida Statutes, is amended to read:
20620         1004.65 Florida colleges; governance, mission, and
20621  responsibilities.—
20622         (5) The primary mission and responsibility of Florida
20623  colleges is responding to community needs for postsecondary
20624  academic education and career degree education. This mission and
20625  responsibility includes being responsible for:
20626         (d) Promoting economic development for the state within
20627  each Florida college district through the provision of special
20628  programs, including, but not limited to, the:
20629         1. Programs relating to the Jobs Florida Partnership, Inc
20630  Enterprise Florida-related programs.
20631         2. Technology transfer centers.
20632         3. Economic development centers.
20633         4. Workforce literacy programs.
20634         Section 370. Subsection (5) of section 1004.77, Florida
20635  Statutes, is amended to read:
20636         1004.77 Centers of technology innovation.—
20637         (5) The State Board of Education shall give priority in the
20638  designation of centers to those community colleges that
20639  specialize in technology in environmental areas and in areas
20640  related to target industries of the Jobs Florida Partnership
20641  Enterprise Florida, Inc. Priority in designation shall also be
20642  given to community colleges that develop new and improved
20643  manufacturing techniques and related business practices.
20644         Section 371. Paragraph (b) of subsection (10) of section
20645  1004.78, Florida Statutes, is amended to read:
20646         1004.78 Technology transfer centers at community colleges.—
20647         (10) The State Board of Education may award grants to
20648  community colleges, or consortia of public and private colleges
20649  and universities and other public and private entities, for the
20650  purpose of supporting the objectives of this section. Grants
20651  awarded pursuant to this subsection shall be in accordance with
20652  rules of the State Board of Education. Such rules shall include
20653  the following provisions:
20654         (b) Grants to centers funded with state revenues
20655  appropriated specifically for technology transfer activities
20656  shall be reviewed and approved by the State Board of Education
20657  using proposal solicitation, evaluation, and selection
20658  procedures established by the state board in consultation with
20659  the Jobs Florida Partnership Enterprise Florida, Inc. Such
20660  procedures may include designation of specific areas or
20661  applications of technology as priorities for the receipt of
20662  funding.
20663         Section 372. Subsection (3) of section 1008.39, Florida
20664  Statutes, is amended to read:
20665         1008.39 Florida Education and Training Placement
20666  Information Program.—
20667         (3) The Florida Education and Training Placement
20668  Information Program must not make public any information that
20669  could identify an individual or the individual’s employer. The
20670  Department of Education must ensure that the purpose of
20671  obtaining placement information is to evaluate and improve
20672  public programs or to conduct research for the purpose of
20673  improving services to the individuals whose social security
20674  numbers are used to identify their placement. If an agreement
20675  assures that this purpose will be served and that privacy will
20676  be protected, the Department of Education shall have access to
20677  the unemployment insurance wage reports maintained by Jobs
20678  Florida the Agency for Workforce Innovation, the files of the
20679  Department of Children and Family Services that contain
20680  information about the distribution of public assistance, the
20681  files of the Department of Corrections that contain records of
20682  incarcerations, and the files of the Department of Business and
20683  Professional Regulation that contain the results of licensure
20684  examination.
20685         Section 373. Subsection (3) of section 1008.41, Florida
20686  Statutes, is amended to read:
20687         1008.41 Workforce education; management information
20688  system.—
20689         (3) Planning and evaluation of job-preparatory programs
20690  shall be based on standard sources of data and use standard
20691  occupational definitions and coding structures, including, but
20692  not limited to:
20693         (a) The Florida Occupational Information System;
20694         (b) The Florida Education and Training Placement
20695  Information Program;
20696         (c) Jobs Florida The Agency for Workforce Innovation;
20697         (d) The United States Department of Labor; and
20698         (e) Other sources of data developed using statistically
20699  valid procedures.
20700         Section 374. Subsections (2), (3), (4), (5), and (6) of
20701  section 1011.76, Florida Statutes, are amended to read:
20702         1011.76 Small School District Stabilization Program.—
20703         (2) In order to participate in this program, a school
20704  district must be located in a rural area of critical economic
20705  concern designated by the Executive Office of the Governor, and
20706  the district school board must submit a resolution to Jobs
20707  Florida the Office of Tourism, Trade, and Economic Development
20708  requesting participation in the program. A rural area of
20709  critical economic concern must be a rural community, or a region
20710  composed of such, that has been adversely affected by an
20711  extraordinary economic event or a natural disaster or that
20712  presents a unique economic development concern or opportunity of
20713  regional impact. The resolution must be accompanied with
20714  documentation of the economic conditions in the community,
20715  provide information indicating the negative impact of these
20716  conditions on the school district’s financial stability, and the
20717  school district must participate in a best financial management
20718  practices review to determine potential efficiencies that could
20719  be implemented to reduce program costs in the district.
20720         (3) Jobs Florida The Office of Tourism, Trade, and Economic
20721  Development, in consultation with the Department of Education,
20722  shall review the resolution and other information required by
20723  subsection (2) and determine whether the school district is
20724  eligible to participate in the program. Factors influencing the
20725  office’s determination may include, but are not limited to,
20726  reductions in the county tax roll resulting from business
20727  closures or other causes, or a reduction in student enrollment
20728  due to business closures or impacts in the local economy.
20729         (4) Effective July 1, 2000, and thereafter, When Jobs
20730  Florida the Office of Tourism, Trade, and Economic Development
20731  authorizes a school district to participate in the program, the
20732  Legislature may give priority to that district for a best
20733  financial management practices review in the school district,
20734  subject to approval pursuant to s. 1008.35(7), to the extent
20735  that funding is provided annually for such purpose in the
20736  General Appropriations Act. The scope of the review shall be as
20737  set forth in s. 1008.35.
20738         (5) Effective July 1, 2000, and thereafter, The Department
20739  of Education may award the school district a stabilization grant
20740  intended to protect the district from continued financial
20741  reductions. The amount of the grant will be determined by the
20742  Department of Education and may be equivalent to the amount of
20743  the decline in revenues projected for the next fiscal year. In
20744  addition, Jobs Florida the Office of Tourism, Trade, and
20745  Economic Development may implement a rural economic development
20746  initiative to identify the economic factors that are negatively
20747  impacting the community and may consult with the Jobs Florida
20748  Partnership, Inc. Enterprise Florida, Inc., in developing a plan
20749  to assist the county with its economic transition. The grant
20750  will be available to the school district for a period of up to 5
20751  years to the extent that funding is provided for such purpose in
20752  the General Appropriations Act.
20753         (6) Based on the availability of funds, Jobs Florida the
20754  Office of Tourism, Trade, and Economic Development or the
20755  Department of Education may enter into contracts or issue grants
20756  necessary to implement the program.
20757         Section 375. Section 1012.2251, Florida Statutes, is
20758  amended to read:
20759         1012.2251 End-of-course examinations for Merit Award
20760  Program.—Beginning with the 2007-2008 school year, School
20761  districts that participate in the Merit Award Program under s.
20762  1012.225 must be able to administer end-of-course examinations
20763  based on the Sunshine State Standards in order to measure a
20764  student’s understanding and mastery of the entire course in all
20765  grade groupings and subjects for any year in which the districts
20766  participate in the program. The statewide standardized
20767  assessment, College Board Advanced Placement Examination,
20768  International Baccalaureate examination, Advanced International
20769  Certificate of Education examination, or examinations resulting
20770  in national or state industry certification recognized by Jobs
20771  Florida the Agency for Workforce Innovation satisfy the
20772  requirements of this section for the respective grade groupings
20773  and subjects assessed by these examinations and assessments.
20774         Section 376. Section 20.505, Florida Statutes, is
20775  transferred, renumbered as section 20.605, Florida Statutes, and
20776  amended to read:
20777         20.605 20.505 Administrative Trust Fund of Jobs Florida the
20778  Agency for Workforce Innovation.—
20779         (1) The Administrative Trust Fund is created within Jobs
20780  Florida the Agency for Workforce Innovation.
20781         (2) Funds shall be used for the purpose of supporting the
20782  administrative functions of Jobs Florida the agency as required
20783  by law, pursuant to legislative appropriation or an approved
20784  amendment to Jobs Florida the agency’s operating budget pursuant
20785  to the provisions of chapter 216.
20786         (3) Notwithstanding the provisions of s. 216.301 and
20787  pursuant to s. 216.351, any balance in the trust fund at the end
20788  of any fiscal year shall remain in the trust fund at the end of
20789  the year and shall be available for carrying out the purposes of
20790  the trust fund.
20791         Section 377. Section 1004.99, Florida Statutes, is
20792  transferred, renumbered as section 445.06, Florida Statutes, and
20793  amended to read:
20794         445.06 1004.99 Florida Ready to Work Certification
20795  Program.—
20796         (1) There is created the Florida Ready to Work
20797  Certification Program to enhance the workplace skills of
20798  Floridians Florida’s students to better prepare them for
20799  successful employment in specific occupations.
20800         (2) The Florida Ready to Work Certification Program may be
20801  conducted in public middle and high schools, community colleges,
20802  technical centers, one-stop career centers, vocational
20803  rehabilitation centers, and Department of Juvenile Justice
20804  educational facilities. The program may be made available to
20805  other entities that provide job training. Jobs Florida, in
20806  coordination with the Department of Education, shall establish
20807  institutional readiness criteria for program implementation.
20808         (3) The Florida Ready to Work Certification Program shall
20809  be composed of:
20810         (a) A comprehensive identification of workplace skills for
20811  each occupation identified for inclusion in the program by Jobs
20812  Florida the Agency for Workforce Innovation and the Department
20813  of Education.
20814         (b) A preinstructional assessment that delineates an
20815  individual’s the student’s mastery level on the specific
20816  workplace skills identified for that occupation.
20817         (c) A targeted instructional program limited to those
20818  identified workplace skills in which the individual student is
20819  not proficient as measured by the preinstructional assessment.
20820  Instruction must utilize a web-based program and be customized
20821  to meet identified specific needs of local employers.
20822         (d) A Florida Ready to Work Credential and portfolio
20823  awarded to individuals students upon successful completion of
20824  the instruction. Each portfolio must delineate the skills
20825  demonstrated by the individuals student as evidence of the
20826  individual’s student’s preparation for employment.
20827         (4) A Florida Ready to Work Credential shall be awarded to
20828  an individual a student who successfully passes assessments in
20829  Reading for Information, Applied Mathematics, and Locating
20830  Information or any other assessments of comparable rigor. Each
20831  assessment shall be scored on a scale of 3 to 7. The level of
20832  the credential each individual student receives is based on the
20833  following:
20834         (a) A bronze-level credential requires a minimum score of 3
20835  or above on each of the assessments.
20836         (b) A silver-level credential requires a minimum score of 4
20837  or above on each of the assessments.
20838         (c) A gold-level credential requires a minimum score of 5
20839  or above on each of the assessments.
20840         (5) Jobs Florida The State Board of Education, in
20841  consultation with the Department of Education Agency for
20842  Workforce Innovation, may adopt rules pursuant to ss. 120.536(1)
20843  and 120.54 to implement the provisions of this section.
20844         Section 378. Section 14.2015, Florida Statutes, is
20845  repealed.
20846         Section 379. Section 20.18, Florida Statutes, is repealed.
20847         Section 380. Section 20.50, Florida Statutes, is repealed.
20848         Section 381. Sections 255.551, 255.552, 255.553, 255.5535,
20849  255.555, 255.556, 255.557, 255.5576, 255.558, 255.559, 255.56,
20850  255.561, 255.562, and 255.563, Florida Statutes, are repealed.
20851         Section 382. Section 287.115, Florida Statutes, is
20852  repealed.
20853         Section 383. Section 288.038, Florida Statutes, is
20854  repealed.
20855         Section 384. Section 288.063, Florida Statutes, is
20856  repealed.
20857         Section 385. Sections 288.1221, 288.1222, 288.1223,
20858  288.1224, 288.1226, and 288.1227, Florida Statutes, are
20859  repealed.
20860         Section 386. Sections 288.7065, 288.707, 288.708, 288.709,
20861  288.7091, and 288.712, Florida Statutes, are repealed.
20862         Section 387. Section 288.12295, Florida Statutes, is
20863  repealed.
20864         Section 388. Section 288.90151, Florida Statutes, is
20865  repealed.
20866         Section 389. Section 288.9415, Florida Statutes, is
20867  repealed.
20868         Section 390. Section 288.9618, Florida Statutes, is
20869  repealed.
20870         Section 391. Section 288.982, Florida Statutes, is
20871  repealed.
20872         Section 392. Section 411.0105, Florida Statutes, is
20873  repealed.
20874         Section 393. Section 446.60, Florida Statutes, is repealed.
20875         Section 394. Section 1002.75, Florida Statutes, is
20876  repealed.
20877         Section 395. This act shall take effect July 1, 2011.