| 1 | A bill to be entitled |
| 2 | An act relating to government reorganization; creating s. |
| 3 | 20.60, F.S.; creating the Department of Economic |
| 4 | Opportunity; providing for the appointment of the |
| 5 | Commissioner of Economic Opportunity, subject to |
| 6 | confirmation by the Senate; specifying the commissioner's |
| 7 | duties; restricting the amount of the commissioner's |
| 8 | public remuneration; specifying the purpose and duties of |
| 9 | the department; establishing divisions within the |
| 10 | department and the duties of such divisions; designating |
| 11 | the department as the administrative agency for receipt |
| 12 | and administration of certain federal grants; providing |
| 13 | for disbursement of such grants; authorizing the |
| 14 | department to serve as contract administrator for |
| 15 | specified contracts; specifying that the Unemployment |
| 16 | Appeals Commission is not subject to the department's |
| 17 | control, supervision, or direction; requiring the |
| 18 | department to submit an annual report to the Governor and |
| 19 | Legislature; requiring the department to establish |
| 20 | performance standards for specified public-private |
| 21 | partnerships; requiring the department to establish an |
| 22 | official seal and provide for use of the seal; designating |
| 23 | the department as the state agency responsible for the |
| 24 | state's role in housing and urban development; assigning |
| 25 | the role of state government to the department under the |
| 26 | Housing Authorities Law, Housing Cooperation Law, and |
| 27 | provisions relating to the tax exemption of housing |
| 28 | authorities; repealing s. 14.2015, F.S., relating to the |
| 29 | establishment of the Office of Tourism, Trade, and |
| 30 | Economic Development within the Executive Office of the |
| 31 | Governor; transferring functions and trust funds of the |
| 32 | Office of Tourism, Trade, and Economic Development of the |
| 33 | Executive Office of the Governor to the Department of |
| 34 | Economic Opportunity; repealing ss. 288.1221, 288.1222, |
| 35 | 288.1223, 288.1224, 288.1226, and 288.1227, F.S., relating |
| 36 | to the Florida Commission on Tourism and the Florida |
| 37 | Tourism Industry Marketing Corporation, doing business as |
| 38 | VISIT Florida; repealing ss. 288.7065, 288.707, 288.708, |
| 39 | 288.709, 288.7091, and 288.712, F.S., relating to the |
| 40 | Florida Black Business Investment Board, Inc.; providing |
| 41 | for the merger of the Florida Sports Foundation, the |
| 42 | Florida Tourism Industry Marketing Corporation, and the |
| 43 | Florida Black Business Investment Board, Inc., into |
| 44 | Enterprise, Florida, Inc.; requiring the not-for-profit |
| 45 | entities to enter into a merger plan with Enterprise |
| 46 | Florida, Inc.; providing legislative intent related to the |
| 47 | merger; requiring the Governor to designate a transition |
| 48 | coordinator for the merger; providing for certain |
| 49 | transition activities; amending s. 14.32, F.S.; providing |
| 50 | additional duties of the Chief Inspector General relating |
| 51 | to public-private partnerships; amending s. 112.313, F.S.; |
| 52 | providing for applicability of certain employment and |
| 53 | contracting restrictions to the Commissioner of Economic |
| 54 | Opportunity and the commissioner's duties as president of |
| 55 | Enterprise Florida, Inc.; creating s. 288.005, F.S.; |
| 56 | defining the terms "commissioner," "department," and |
| 57 | "economic benefits"; amending s. 288.012, F.S.; renaming |
| 58 | the state's foreign offices as international offices; |
| 59 | authorizing the Governor to designate a state protocol |
| 60 | officer; requiring the state protocol officer to publish a |
| 61 | state protocol manual; amending s. 288.061, F.S.; revising |
| 62 | the economic development incentive review process; |
| 63 | providing for the Commissioner of Economic Opportunity to |
| 64 | review and submit recommendations to the Governor on |
| 65 | economic development incentive applications; providing for |
| 66 | incentive award contracts; amending ss. 288.901, 288.9015, |
| 67 | 288.903, 288.904, 288.905, and 288.906, F.S.; revising the |
| 68 | organization, governance, powers, and duties of Enterprise |
| 69 | Florida, Inc.; revising the membership, powers, and duties |
| 70 | of the board of directors of Enterprise Florida, Inc.; |
| 71 | revising private-sector matching requirements for state |
| 72 | operational funding provided to Enterprise Florida, Inc.; |
| 73 | providing that the Commissioner of Economic Opportunity |
| 74 | serves ex officio as president of Enterprise Florida, |
| 75 | Inc.; providing duties of the president; requiring |
| 76 | contracts for performance bonuses for employees receiving |
| 77 | compensation that exceeds a specified amount; revising |
| 78 | requirements for the annual report of Enterprise Florida, |
| 79 | Inc.; creating s. 288.907, F.S.; requiring Enterprise |
| 80 | Florida, Inc., to submit an annual incentive report to the |
| 81 | Governor and Legislature; specifying contents of the |
| 82 | report; amending s. 288.911, F.S.; authorizing Enterprise |
| 83 | Florida, Inc., to register a certain fictitious name for |
| 84 | purposes of tourism promotion; creating s. 288.912, F.S.; |
| 85 | requiring certain counties and municipalities to submit |
| 86 | certain information to the Department of Economic |
| 87 | Opportunity related to economic development incentives; |
| 88 | creating s. 288.920, F.S.; requiring the establishment of |
| 89 | divisions within Enterprise Florida, Inc.; providing for |
| 90 | the division employees; establishing an advisory council |
| 91 | for certain divisions; providing for the qualifications, |
| 92 | nominations, appointments, terms, and removal of advisory |
| 93 | council members; providing for the selection of advisory |
| 94 | council chairs; creating ss. 288.921, 288.922, 288.923, |
| 95 | and 288.925, F.S.; establishing specified divisions within |
| 96 | Enterprise Florida, Inc.; specifying the duties of each |
| 97 | division; requiring certain divisions to submit annual |
| 98 | reports; providing for the appointment of advisory |
| 99 | councils for each division; authorizing the advisory |
| 100 | councils to submit recommendations to the board of |
| 101 | directors of Enterprise Florida, Inc., on specified |
| 102 | matters; transferring, renumbering, and amending s. |
| 103 | 288.1229, F.S.; deleting provisions relating to the |
| 104 | direct-support organization for promotion and development |
| 105 | of sports-related industries and amateur athletics; |
| 106 | establishing the Division of Sports Industry Development |
| 107 | within Enterprise Florida, Inc.; specifying the division's |
| 108 | duties; providing for the appointment of an advisory |
| 109 | council for the division; authorizing the advisory council |
| 110 | to submit recommendations to the board of directors of |
| 111 | Enterprise Florida, Inc., on specified matters; amending |
| 112 | s. 288.9624, F.S.; revising provisions for the appointment |
| 113 | of the board of directors of the Florida Opportunity Fund |
| 114 | and filling of anticipated vacancies on such board of |
| 115 | directors; amending s. 331.3081, F.S.; revising the |
| 116 | organization, governance, powers, and duties of Space |
| 117 | Florida; specifying that Space Florida shall be governed |
| 118 | by certain members of the board of directors of Enterprise |
| 119 | Florida, Inc.; providing for an advisory council for Space |
| 120 | Florida; providing for the qualifications, nominations, |
| 121 | appointments, terms, and removal of advisory council |
| 122 | members; providing for the selection of advisory council |
| 123 | chairs; authorizing the advisory council to submit |
| 124 | recommendations to the board of directors of Enterprise |
| 125 | Florida, Inc., on specified matters; amending s. 331.310, |
| 126 | F.S.; redesignating the president of Space Florida as the |
| 127 | executive director; amending ss. 377.711 and 377.712, |
| 128 | F.S.; reviving provisions of the Southern States Energy |
| 129 | Compact to revise the powers of the Southern States Energy |
| 130 | Board; deleting an obsolete reference to the former |
| 131 | Department of Commerce; authorizing various state |
| 132 | departments to cooperate with the Southern States Energy |
| 133 | Board for certain purposes; amending ss. 15.182, 23.22, |
| 134 | 24.113, 120.54, 125.045, 159.803, 159.8081, 159.8083, |
| 135 | 159.809, 159.81, 163.3180, 163.3187, 166.021, 186.504, |
| 136 | 212.08, 212.096, 212.097, 212.098, 212.20, 213.053, |
| 137 | 218.64, 220.181, 220.182, 220.183, 220.1895, 220.1896, |
| 138 | 220.1899, 220.191, 267.0625, 272.11, 282.34, 287.0931, |
| 139 | 287.0943, 287.09451, 287.0947, 288.017, 288.018, 288.019, |
| 140 | 288.021, 288.0251, 288.035, 288.037, 288.041, 288.047, |
| 141 | 288.063, 288.065, 288.0655, 288.0656, 288.06561, 288.0657, |
| 142 | 288.0658, 288.0659, 288.075, 288.095, 288.1045, 288.106, |
| 143 | 288.107, 288.108, 288.1081, 288.1082, 288.1083, 288.1088, |
| 144 | 288.1089, 288.1095, 288.1162, 288.11621, 288.1168, |
| 145 | 288.1169, 288.1171, 288.1175, 288.122, 288.12265, 288.124, |
| 146 | 288.1251, 288.1252, 288.1253, 288.1254, 288.7015, 288.703, |
| 147 | 288.705, 288.706, 288.7094, 288.7102, 288.714, 288.773, |
| 148 | 288.774, 288.776, 288.7771, 288.816, 288.809, 288.8175, |
| 149 | 288.826, 288.95155, 288.955, 288.9604, 288.9605, 288.9606, |
| 150 | 288.975, 288.980, 288.984, 288.9913, 288.9914, 288.9916, |
| 151 | 288.9917, 288.9918, 288.9919, 288.9920, 288.9921, 288.99, |
| 152 | 290.004, 290.0055, 290.0056, 290.0058, 290.0065, 290.0066, |
| 153 | 290.00710, 290.0072, 290.00725, 290.0073, 290.0074, |
| 154 | 290.0077, 290.014, 290.053, 290.06561, 310.0015, 311.09, |
| 155 | 311.11, 311.115, 311.22, 320.08058, 320.63, 331.3051, |
| 156 | 375.021, 376.60, 376.86, 380.06, 381.0054, 403.973, |
| 157 | 440.45, 473.3065, 570.96, 597.006, 624.5105, 627.3511, |
| 158 | 641.217, 657.042, 658.67, 1003.492, 1003.493, 1004.226, |
| 159 | and 1004.435, F.S.; conforming provisions to changes made |
| 160 | by the act; deleting obsolete provisions; conforming |
| 161 | cross-references; repealing s. 42, ch. 2005-71, and s. 1, |
| 162 | ch. 2005-261, Laws of Florida, relating to the |
| 163 | authorization for funding certain dredging projects, to |
| 164 | delete obsolete provisions; repealing ss. 216.235, |
| 165 | 216.236, 216.237, and 216.238, F.S., relating to the |
| 166 | Innovation Investment Program, the selection of review |
| 167 | boards to evaluate innovative investment projects, the |
| 168 | appointment of the State Innovation Committee and approval |
| 169 | of such projects, the funding, recordkeeping, and |
| 170 | reporting for such projects, the establishment by state |
| 171 | agencies of internal innovations funds, and the adoption |
| 172 | of rules by the Department of Management Services for the |
| 173 | program; repealing s. 287.115, F.S., relating to |
| 174 | provisions requiring the Chief Financial Officer to submit |
| 175 | annual reports on disallowed contractual service |
| 176 | contracts; repealing s. 288.038, F.S., relating to |
| 177 | agreements for appointing county tax collectors as agents |
| 178 | of the former Department of Labor and Employment Security |
| 179 | for licenses and similar registrations; repealing s. |
| 180 | 288.12295, F.S., relating to a public records exemption |
| 181 | for donors for a direct-support organization on promotion |
| 182 | and development of sports-related industries and amateur |
| 183 | athletics; repealing s. 288.386, F.S., relating to the |
| 184 | Florida-Caribbean Basin Trade Initiative; repealing s. |
| 185 | 288.7011, F.S., relating to contracts between the Office |
| 186 | of Tourism, Trade, and Economic Development and a certain |
| 187 | nonprofit statewide development corporation; repealing s. |
| 188 | 288.90151, F.S., relating to the return on investment from |
| 189 | activities of Enterprise Florida, Inc.; repealing s. |
| 190 | 288.9415, F.S., relating to Enterprise Florida, Inc., and |
| 191 | international trade grants; repealing s. 288.9618, F.S., |
| 192 | relating to an economic development program for |
| 193 | microenterprises; repealing s. 288.982, F.S., relating to |
| 194 | a public records exemption for certain records relating to |
| 195 | the United States Department of Defense Base Realignment |
| 196 | and Closure 2005 process; repealing s. 373.461, F.S., |
| 197 | relating to Lake Apopka improvement and management; |
| 198 | repealing s. 379.2353, F.S., relating to enterprise zone |
| 199 | designations for certain communities suffering adverse |
| 200 | impacts from the adoption of the constitutional amendment |
| 201 | limiting the use of nets to harvest marine species; |
| 202 | repealing ss. 409.944, 409.945, and 409.946, F.S., |
| 203 | relating to the Inner City Redevelopment Assistance Grants |
| 204 | Program, eligibility criteria for the program, and the |
| 205 | membership of the Inner City Redevelopment Review Panel; |
| 206 | repealing s. 624.4072, F.S., relating to certain expired |
| 207 | tax exemptions for minority-owned property and casualty |
| 208 | insurers; repealing s. 625.3255, F.S., relating to capital |
| 209 | participation investments issued by the Florida Black |
| 210 | Business Investment Board; repealing s. 20.18, F.S., |
| 211 | relating to the establishment of the Department of |
| 212 | Community Affairs; transferring the functions and trust |
| 213 | funds of the Department of Community Affairs to other |
| 214 | agencies; transferring the Division of Housing and |
| 215 | Community Development to the Department of Economic |
| 216 | Opportunity; transferring the Division of Community |
| 217 | Planning to the Department of Economic Opportunity; |
| 218 | transferring the Division of Emergency Management to the |
| 219 | Executive Office of the Governor; transferring the Florida |
| 220 | Building Commission to the Department of Business and |
| 221 | Professional Regulation; transferring the responsibilities |
| 222 | under the Florida Communities Trust to the Department of |
| 223 | Environmental Protection; transferring the |
| 224 | responsibilities under the Stan Mayfield Working |
| 225 | Waterfronts Program to the Department of Environmental |
| 226 | Protection; transferring the responsibilities under the |
| 227 | Special District Information Program to the Department of |
| 228 | Financial Services; transferring the responsibilities |
| 229 | under the Community Services Block Grant Programs to the |
| 230 | Department of Children and Family Services; transferring |
| 231 | specified trust funds from the Department of Community |
| 232 | Affairs to the Department of Economic Opportunity; |
| 233 | transferring specified trust funds from the Department of |
| 234 | Community Affairs to the Executive Office of the Governor; |
| 235 | transferring specified trust funds from the Department of |
| 236 | Community Affairs to the Department of Business and |
| 237 | Professional Regulation; transferring the Florida Forever |
| 238 | Program Trust Fund and the Florida Communities Trust Fund |
| 239 | from the Department of Community Affairs to the Department |
| 240 | of Environmental Protection; transferring the Community |
| 241 | Services Block Grant Trust Fund from the Department of |
| 242 | Community Affairs to the Department of Children and |
| 243 | Families; terminating the Administrative Trust Fund of the |
| 244 | Department of Community Affairs and providing for the |
| 245 | transfer of the trust fund balance to a specified trust |
| 246 | fund; providing for the continuation of binding contracts |
| 247 | or agreements with the successor department or entity; |
| 248 | providing for a type two transfer from the Department of |
| 249 | Community Affairs to the Department of Economic |
| 250 | Opportunity of all other things not specifically |
| 251 | delineated for transfer; creating s. 14.2016, F.S.; |
| 252 | establishing the Division of Emergency Management within |
| 253 | the Executive Office of the Governor; providing for the |
| 254 | director of the division to serve at the pleasure of the |
| 255 | Governor; providing duties of the division; amending s. |
| 256 | 163.03, F.S.; deleting a requirement that the Secretary of |
| 257 | Community Affairs administer certain programs during |
| 258 | emergency situations; conforming provisions to changes |
| 259 | made by the act; reenacting and amending s. 163.3191, |
| 260 | F.S.; conforming provisions to changes made by the act; |
| 261 | amending s. 215.559, F.S.; delaying the expiration date of |
| 262 | the Hurricane Loss Mitigation Program; conforming |
| 263 | provisions to changes made by the act; amending s. 290.044 |
| 264 | F.S., relating to unallocated funds in the Florida Small |
| 265 | Cities Community Development Block Grant Fund; amending s. |
| 266 | 290.047, F.S.; deleting statutory grant ceilings for the |
| 267 | Florida Small Cities Community Development Block Grant |
| 268 | program; authorizing ceilings to be established by rule; |
| 269 | amending ss. 11.40, 11.45, 11.905, 17.61, 20.181, 68.096, |
| 270 | 68.105, 112.63, 112.665, 119.071, 161.142, 161.54, 163.06, |
| 271 | 163.2517, 163.3164, 163.3177, 163.3178, 163.3180, |
| 272 | 163.3204, 163.3221, 163.3246, 163.3247, 163.336, 163.458, |
| 273 | 163.460, 163.461, 163.462, 163.5055, 163.506, 163.508, |
| 274 | 163.511, 163.512, 165.031, 171.204, 189.403, 189.4035, |
| 275 | 189.412, 189.413, 189.425, 189.427, 190.009, 190.047, |
| 276 | 191.009, 191.015, 201.15, 215.5586, 215.55865, 215.5588, |
| 277 | 218.32, 218.37, 218.411, 220.183, 252.34, 252.355, |
| 278 | 252.371, 252.373, 252.55, 252.60, 252.61, 252.82, 252.83, |
| 279 | 252.85, 252.86, 252.87, 252.88, 252.936, 252.937, 252.943, |
| 280 | 252.946, 255.042, 258.004, 258.501, 259.035, 259.042, |
| 281 | 259.105, 260.0142, 282.34, 282.709, 288.021, 288.0656, |
| 282 | 288.109, 288.975, 288.984, 290.042, 290.043, 290.046, |
| 283 | 290.048, 290.0491, 311.105, 327.803, 332.115, 333.065, |
| 284 | 339.135, 339.175, 342.201, 369.303, 369.318, 369.321, |
| 285 | 369.322, 369.323, 369.324, 373.199, 373.4149, 373.453, |
| 286 | 376.86, 377.6015, 377.703, 377.809, 378.411, 379.2291, |
| 287 | 380.031, 380.06, 380.061, 380.0677, 380.503, 380.504, |
| 288 | 380.5115, 381.0303, 381.7354, 393.067, 395.1055, 395.1056, |
| 289 | 397.321, 397.801, 400.23, 400.497, 400.506, 400.605, |
| 290 | 400.935, 400.967, 401.245, 403.0752, 403.0891, 403.42, |
| 291 | 403.507, 403.508, 403.524, 403.526, 403.527, 403.757, |
| 292 | 403.941, 403.9411, 403.973, 404.056, 404.0617, 409.508, |
| 293 | 409.509, 410.502, 418.12, 420.0003, 420.0004, 420.0005, |
| 294 | 420.101, 420.111, 420.36, 420.424, 420.503, 420.504, |
| 295 | 420.506, 420.5095, 420.602, 420.606, 420.609, 420.622, |
| 296 | 420.631, 420.635, 421.001, 422.001, 423.001, 429.41, |
| 297 | 429.929, 450.261, 489.103, 489.109, 489.509, 497.271, |
| 298 | 526.144, 553.36, 553.382, 553.512, 553.71, 553.74, |
| 299 | 553.721, 553.841, 553.896, 553.901, 553.9085, 553.954, |
| 300 | 553.955, 553.973, 553.992, 553.995, 570.71, 604.006, |
| 301 | 624.5105, 627.0628, 627.0629, 720.403, 720.404, 720.406, |
| 302 | 760.854, 768.13, 943.0311, 943.0313, 1004.46, 1013.37, |
| 303 | 1013.372, and 1013.74, F.S.; conforming provisions to |
| 304 | changes made by the act; deleting obsolete provisions; |
| 305 | repealing s. 163.2523, F.S., relating to an urban infill |
| 306 | and redevelopment assistance grant program; repealing s. |
| 307 | 380.285, F.S., relating to a study of lighthouses in the |
| 308 | state; repealing s. 943.402, F.S., relating to transfer of |
| 309 | the criminal justice program of the Department of |
| 310 | Community Affairs to the Department of Law Enforcement; |
| 311 | repealing s. 20.50, F.S., relating to the establishment of |
| 312 | the Agency for Workforce Innovation; transferring the |
| 313 | functions and trust funds of the Agency for Workforce |
| 314 | Innovation to other agencies; transferring the Office of |
| 315 | Early Learning to the Department of Economic Opportunity; |
| 316 | transferring the Office of Unemployment Compensation |
| 317 | Services to the Department of Economic Opportunity; |
| 318 | transferring the Office of Workforce Services to the |
| 319 | Department of Economic Opportunity; providing for the |
| 320 | continuation of binding contracts or agreements with the |
| 321 | successor department or entity; providing for a type two |
| 322 | transfer; transferring, renumbering, and amending ss. |
| 323 | 20.505, 331.369, and 1004.99, F.S.; conforming provisions |
| 324 | to changes made by the act; amending s. 112.044, F.S.; |
| 325 | requiring employers, employment agencies, and labor |
| 326 | organizations to post notices required by the United |
| 327 | States Department of Labor and the United States Equal |
| 328 | Employment Opportunity Commission; amending s. 409.942, |
| 329 | F.S.; deleting requirements that Workforce Florida, Inc., |
| 330 | establish an electronic transfer benefit program; amending |
| 331 | s. 411.0102, F.S.; requiring each participating early |
| 332 | learning coalition board to develop a plan for the use of |
| 333 | child care purchasing pool funds; conforming provisions to |
| 334 | changes made by the act; amending s. 445.004, F.S.; |
| 335 | providing that the Commissioner of Economic Opportunity |
| 336 | shall serve ex officio as a voting member of the board of |
| 337 | directors of Workforce Florida, Inc.; deleting a provision |
| 338 | pertaining to funds and contributions provided by clients |
| 339 | of the Quick Response Training Program; amending s. |
| 340 | 445.007, F.S.; revising the membership of the regional |
| 341 | workforce boards; conforming provisions to changes made by |
| 342 | the act; amending s. 553.62, F.S.; deleting provisions |
| 343 | authorizing the adoption of rules to incorporate future |
| 344 | changes to certain federal excavation safety standards; |
| 345 | amending ss. 11.905, 14.20195, 16.615, 39.001, 45.031, |
| 346 | 69.041, 112.3135, 120.80, 202.37, 212.096, 213.053, |
| 347 | 216.136, 216.292, 216.231, 220.03, 222.15, 250.06, |
| 348 | 255.099, 287.09431, 287.09451, 381.0086, 383.14, 402.281, |
| 349 | 402.45, 402.56, 403.7032, 409.017, 409.1451, 411.01, |
| 350 | 411.0101, 411.01013, 411.01014, 411.01015, 411.0103, |
| 351 | 411.0104, 411.0105, 411.0106, 411.011, 411.226, 411.227, |
| 352 | 414.24, 414.295, 414.411, 427.012, 429.907, 440.12, |
| 353 | 440.15, 440.381, 443.012, 443.036, 443.041, 443.051, |
| 354 | 443.071, 443.091, 443.101, 443.111, 443.1113, 443.1115, |
| 355 | 443.1116, 443.1215, 443.1216, 443.1217, 443.131, 443.1312, |
| 356 | 443.1313, 443.1315, 443.1316, 443.1317, 443.141, 443.151, |
| 357 | 443.163, 443.171, 443.1715, 443.181, 443.191, 443.211, |
| 358 | 443.221, 445.002, 445.003, 445.009, 445.016, 445.024, |
| 359 | 445.0325, 445.038, 445.045, 445.048, 445.049, 445.051, |
| 360 | 446.41, 446.44, 446.50, 446.52, 448.109, 448.110, 450.161, |
| 361 | 450.191, 450.31, 464.203, 468.529, 489.1455, 489.5335, |
| 362 | 551.104, 944.708, 944.801, 945.10, 985.601, 1002.375, |
| 363 | 1002.53, 1002.55, 1002.61, 1002.63, 1002.67, 1002.69, |
| 364 | 1002.71, 1002.72, 1002.75, 1002.77, 1002.79, 1003.4285, |
| 365 | 1003.491, 1003.492, 1003.493, 1003.575, 1008.39, 1008.41, |
| 366 | 1011.76, and 1012.2251, F.S.; conforming provisions to |
| 367 | changes made by the act; conforming cross-references; |
| 368 | deleting obsolete provisions; repealing s. 446.60, F.S., |
| 369 | relating to assistance for displaced local exchange |
| 370 | telecommunications company workers; repealing s. 445.056, |
| 371 | F.S., relating to the Citizen Soldier Matching Grant |
| 372 | Program and the award of grants to private sector |
| 373 | employers who employ certain military personnel on federal |
| 374 | active duty; directing the Department of Economic |
| 375 | Opportunity, the Department of Education, and the |
| 376 | Department of Children and Family Services to submit a |
| 377 | joint report to the Legislature on the state's early |
| 378 | learning programs; directing the Auditor General to |
| 379 | conduct audits of the early learning coalitions by a |
| 380 | specified date; providing legislative intent with respect |
| 381 | to the transfer of programs and administrative |
| 382 | responsibilities; providing for a transition period; |
| 383 | providing for coordination between the Department of |
| 384 | Community Affairs, the Agency for Workforce Innovation, |
| 385 | the Office of Tourism, Trade, and Economic Development, |
| 386 | and other state agencies to implement the transition; |
| 387 | providing for the appointment of agency transition |
| 388 | coordinators; requiring the transition coordinators to |
| 389 | submit a progress report to the Governor and Legislature |
| 390 | by a specified date; authorizing the Executive Office of |
| 391 | the Governor, upon approval by the Legislative Budget |
| 392 | Commission, to transfer funds between agencies under |
| 393 | certain circumstances; requiring that the Governor submit |
| 394 | information and obtain waivers as required by federal law; |
| 395 | providing effective dates. |
| 396 |
|
| 397 | Be It Enacted by the Legislature of the State of Florida: |
| 398 |
|
| 399 | Section 1. Section 20.60, Florida Statutes, is created to |
| 400 | read: |
| 401 | 20.60 Department of Economic Opportunity.-There is created |
| 402 | a Department of Economic Opportunity. |
| 403 | (1)(a) The head of the department is the Commissioner of |
| 404 | Economic Opportunity, who shall be appointed by the Governor, |
| 405 | subject to confirmation by the Senate. The commissioner shall |
| 406 | serve at the pleasure of and report to the Governor. |
| 407 | (b) The commissioner shall: |
| 408 | 1. Manage all activities and responsibilities of the |
| 409 | Department of Economic Opportunity. |
| 410 | 2. Serve as the state's chief negotiator for business |
| 411 | recruitment and business expansion. |
| 412 | (2) The purpose of the department is to assist the |
| 413 | Governor in working with the Legislature, state agencies, local |
| 414 | governments, business leaders, and economic development |
| 415 | professionals to formulate and implement coherent and consistent |
| 416 | policies and strategies designed to promote economic |
| 417 | opportunities for the people of this state. To accomplish these |
| 418 | purposes, the department shall: |
| 419 | (a) Facilitate the direct involvement of the Governor and |
| 420 | the Lieutenant Governor in economic development and workforce |
| 421 | development projects designed to create, expand, and retain |
| 422 | businesses in the state, to globally recruit business, and to |
| 423 | facilitate other job-creating efforts. |
| 424 | (b) Recruit new businesses to the state and promote the |
| 425 | expansion of existing businesses by expediting location |
| 426 | decisions, worker placement and training, and incentive awards. |
| 427 | (c) Promote viable, sustainable communities by providing |
| 428 | technical assistance and guidance on growth and development |
| 429 | issues, grants, and other assistance to local communities. |
| 430 | (d) Ensure that the state's goals and policies relating to |
| 431 | economic development, workforce development, community planning |
| 432 | and development, and affordable housing are fully integrated |
| 433 | with appropriate implementation strategies. |
| 434 | (e) Manage the activities of public-private partnerships |
| 435 | and coordinate with other state agencies in order to avoid |
| 436 | duplication and promote coordinated and consistent |
| 437 | implementation of programs in areas including, but not limited |
| 438 | to, tourism; international trade and investment; business |
| 439 | recruitment, creation, retention, and expansion; minority and |
| 440 | small business development; community planning and development; |
| 441 | commercialization of products, services, or ideas developed in |
| 442 | public universities or other public institutions; and the |
| 443 | development and promotion of professional and amateur sporting |
| 444 | events. |
| 445 | (f) Coordinate efforts of entities to address |
| 446 | transportation needs, including port development, housing, |
| 447 | recreation, and other community infrastructure to support the |
| 448 | needs of local and regional areas. |
| 449 | (g) Assist, promote, and enhance economic opportunities in |
| 450 | the state's rural and urban communities. |
| 451 | (3) The following divisions are established within the |
| 452 | department and have the following specific responsibilities in |
| 453 | order to achieve the department's duties, responsibilities, and |
| 454 | goals: |
| 455 | (a) The Division of Strategic Business Development shall: |
| 456 | 1. Analyze and evaluate business prospects identified by |
| 457 | the Governor, the commissioner, and Enterprise Florida, Inc. |
| 458 | 2. Administer certain tax refund, tax credit, and grant |
| 459 | programs created in law. |
| 460 | 3. Develop a 5-year statewide strategic plan. The |
| 461 | strategic plan shall include, but is not limited to: |
| 462 | a. Strategies for the promotion of business formation, |
| 463 | expansion, recruitment, and retention through aggressive |
| 464 | marketing, international development, and export assistance, |
| 465 | which lead to more and better jobs and higher wages for all |
| 466 | geographic regions, disadvantaged communities, and populations |
| 467 | of the state, including rural areas, minority businesses, and |
| 468 | urban core areas. |
| 469 | b. The development of realistic policies and programs to |
| 470 | further the economic diversity of the state, its regions, and |
| 471 | their associated industrial clusters. |
| 472 | c. Specific provisions for the stimulation of economic |
| 473 | development and job creation in rural areas and midsize cities |
| 474 | and counties of the state. |
| 475 | d. Provisions for the promotion of the successful long- |
| 476 | term economic development of the state with increased emphasis |
| 477 | in market research and information. |
| 478 | e. Plans for the generation of foreign investment in the |
| 479 | state which creates jobs with above-average wages and results in |
| 480 | reverse investment in the state, including programs that |
| 481 | establish viable overseas markets, assist in meeting the |
| 482 | financing requirements of export-ready firms, broaden |
| 483 | opportunities for international joint venture relationships, use |
| 484 | the resources of academic and other institutions, coordinate |
| 485 | trade assistance and facilitation services, and facilitate |
| 486 | availability of and access to education and training programs |
| 487 | which will assure requisite skills and competencies necessary to |
| 488 | compete successfully in the global marketplace. |
| 489 | f. The identification of business sectors that are of |
| 490 | current or future importance to the state's economy and to the |
| 491 | state's global business image, and development of specific |
| 492 | strategies to promote the development of such sectors. |
| 493 | g. Strategies for talent development necessary in the |
| 494 | state to encourage development growth, taking into account |
| 495 | factors such as the state's talent supply chain, education and |
| 496 | training opportunities, and available workforce. |
| 497 | 4. Update the strategic plan every 5 years. The division |
| 498 | shall involve Enterprise Florida, Inc., Workforce Florida, Inc., |
| 499 | local governments; the general public; local and regional |
| 500 | economic development organizations; other local, state, and |
| 501 | federal economic, international, and workforce development |
| 502 | entities; the business community; and educational institutions |
| 503 | to assist with each update. |
| 504 | (b) The Division of Community Planning and Development |
| 505 | shall: |
| 506 | 1. Assist local governments and their communities in |
| 507 | finding creative planning solutions to help them foster vibrant, |
| 508 | healthy communities, while protecting the functions of important |
| 509 | state resources and facilities. |
| 510 | 2. Administer state and federal grant programs as provided |
| 511 | by law to provide community development and project planning |
| 512 | activities to maintain viable communities, revitalize existing |
| 513 | communities, and expand economic development and employment |
| 514 | opportunities. |
| 515 | 3. Assist in developing the 5-year statewide strategic |
| 516 | plan required by this section. |
| 517 | (c) The Division of Workforce Services shall: |
| 518 | 1. Administer federal and state workforce funding by |
| 519 | administering plans and policies of Workforce Florida, Inc., |
| 520 | under contract with Workforce Florida, Inc. The operating budget |
| 521 | and midyear amendments thereto must be part of such contract. |
| 522 | a. All program and fiscal instructions to regional |
| 523 | workforce boards shall emanate from the department pursuant to |
| 524 | plans and policies of Workforce Florida, Inc. Workforce Florida, |
| 525 | Inc., is responsible for all policy directions to the regional |
| 526 | workforce boards. |
| 527 | b. Unless otherwise provided by agreement with Workforce |
| 528 | Florida, Inc., administrative and personnel policies shall |
| 529 | apply. |
| 530 | 2. Implement the state's unemployment compensation |
| 531 | program, pursuant to state and federal law. |
| 532 | 3. Implement and administer, through the Office of Early |
| 533 | Learning, the state's school readiness system and the Voluntary |
| 534 | Prekindergarten Education Program. |
| 535 | (d) The Division of Finance and Administration shall: |
| 536 | 1. Administer all department budget and finance matters. |
| 537 | 2. Administer all department personnel matters. |
| 538 | 3. Maintain proper records. |
| 539 | (4) The department is designated as the administrative |
| 540 | agency designated for receipt and administration of federal |
| 541 | workforce development grants and other federal funds and shall |
| 542 | carry out the duties assigned to it by the Governor, under the |
| 543 | terms and conditions of each grant. The department shall |
| 544 | disburse such grants pursuant to the plans and policies of |
| 545 | Workforce Florida, Inc. The department may, to the extent |
| 546 | authorized by Workforce Florida, Inc., serve as the contract |
| 547 | administrator for contracts entered into by Workforce Florida, |
| 548 | Inc., pursuant to s. 445.004(5). The Governor may sign |
| 549 | contracts, grants, and other instruments as necessary to execute |
| 550 | functions assigned to the department. Notwithstanding any other |
| 551 | law, the department shall administer other programs funded by |
| 552 | federal or state appropriations, as determined by the |
| 553 | Legislature in the General Appropriations Act or by law. |
| 554 | (5) The department may provide or contract for training |
| 555 | for employees of administrative entities and case managers of |
| 556 | any contracted providers to ensure they have the necessary |
| 557 | competencies and skills to provide adequate administrative |
| 558 | oversight and delivery of the full array of client services. |
| 559 | (6) The Unemployment Appeals Commission created pursuant |
| 560 | to s. 443.012 is not subject to control, supervision, or |
| 561 | direction by the department in the performance of the |
| 562 | commission's powers and duties. However, the department shall |
| 563 | provide any support and assistance that is required for the |
| 564 | performance of the commission's duties. |
| 565 | (7) The department, with assistance from Enterprise |
| 566 | Florida, Inc., and Workforce Florida, Inc., shall, by January 1 |
| 567 | of each year, submit an annual report to the Governor, the |
| 568 | President of the Senate, and the Speaker of the House of |
| 569 | Representatives on the condition of the business climate and |
| 570 | economic development in the state. The report shall include the |
| 571 | identification of problems and a prioritized list of |
| 572 | recommendations. |
| 573 | (8) The department shall establish annual performance |
| 574 | standards for Enterprise Florida, Inc., Workforce Florida, Inc., |
| 575 | and Space Florida and report annually on how these performance |
| 576 | measures are being met in the annual report required under |
| 577 | subsection (7). |
| 578 | (9) The department shall have an official seal by which |
| 579 | its records, orders, and proceedings are authenticated. The seal |
| 580 | shall be judicially noticed. |
| 581 | (10) The department shall administer the role of state |
| 582 | government under part I of chapter 421, relating to the Housing |
| 583 | Authorities Law; chapter 422, relating to the Housing |
| 584 | Cooperation Law; and chapter 423, relating to the tax exemption |
| 585 | of housing authorities. The department is the state agency |
| 586 | responsible for the state's role in housing and urban |
| 587 | development. |
| 588 | Section 2. Section 14.2015, Florida Statutes, is repealed. |
| 589 | Section 3. Transfers from Executive Office of the |
| 590 | Governor.- |
| 591 | (1) All powers, duties, functions, records, offices, |
| 592 | personnel, associated administrative support positions, |
| 593 | property, pending issues, and existing contracts, administrative |
| 594 | authority, administrative rules, and unexpended balances of |
| 595 | appropriations, allocations, and other funds relating to the |
| 596 | Office of Tourism, Trade, and Economic Development in the |
| 597 | Executive Office of the Governor are transferred by a type two |
| 598 | transfer, as defined in s. 20.06(2), Florida Statutes, to the |
| 599 | Department of Economic Opportunity. |
| 600 | (2) The following trust funds are transferred from the |
| 601 | Executive Office of the Governor to the Department of Economic |
| 602 | Opportunity: |
| 603 | (a) The Economic Development Trust Fund, FLAIR number 31- |
| 604 | 2-177. |
| 605 | (b) The Economic Development Transportation Trust Fund, |
| 606 | FLAIR number 31-2-175. |
| 607 | (c) The Tourism Promotional Trust Fund, FLAIR number 31-2- |
| 608 | 722. |
| 609 | (d) The Professional Sports Development Trust Fund, FLAIR |
| 610 | number 31-2-551. |
| 611 | (e) The Florida International Trade and Promotion Trust |
| 612 | Fund, FLAIR number 31-2-338. |
| 613 | (3) Any binding contract or interagency agreement existing |
| 614 | on or before July 1, 2011, between the Office of Tourism, Trade, |
| 615 | and Economic Development in the Executive Office of the |
| 616 | Governor, or an entity or agent of the office, and any other |
| 617 | agency, entity, or person shall continue as a binding contract |
| 618 | or agreement for the remainder of the term of such contract or |
| 619 | agreement with the successor department, agency, or entity |
| 620 | responsible for the program, activity, or functions relative to |
| 621 | the contract or agreement. |
| 622 | (4) All powers, duties, functions, records, offices, |
| 623 | personnel, property, pending issues, and existing contracts, |
| 624 | administrative authority, administrative rules, and unexpended |
| 625 | balances of appropriations, allocations, and other funds |
| 626 | relating to the Office of Tourism, Trade, and Economic |
| 627 | Development in the Executive Office of the Governor, and not |
| 628 | specifically delineated for transfer within this section are |
| 629 | transferred by a type two transfer to the Department of Economic |
| 630 | Opportunity. |
| 631 | Section 4. Sections 288.1221, 288.1222, 288.1223, |
| 632 | 288.1224, 288.1226, and 288.1227, Florida Statutes, are |
| 633 | repealed. |
| 634 | Section 5. Sections 288.7065, 288.707, 288.708, 288.709, |
| 635 | 288.7091, and 288.712, Florida Statutes, are repealed. |
| 636 | Section 6. (1) The not-for-profit corporations |
| 637 | established in ss. 288.1226, 288.1229, and 288.707, Florida |
| 638 | Statutes, are merged into and transferred to Enterprise Florida, |
| 639 | Inc. |
| 640 | (2) The Florida Sports Foundation; the Florida Tourism |
| 641 | Industry Marketing Corporation, doing business as VISIT Florida; |
| 642 | and the Florida Black Business Investment Board, Inc., must |
| 643 | enter into a plan of merger to merge into Enterprise Florida, |
| 644 | Inc. Such merger must be complete by December 31, 2011. The |
| 645 | merger is governed by chapter 617, Florida Statutes, related to |
| 646 | the merger of not-for-profit corporations. |
| 647 | (3) It is the intent of the Legislature that the changes |
| 648 | made by this act be accomplished with minimal disruption of |
| 649 | services provided to the public and with minimal disruption to |
| 650 | employees of any organization. To that end, the Legislature |
| 651 | directs that notwithstanding the changes made by this act, the |
| 652 | Florida Sports Foundation; the Florida Tourism Industry |
| 653 | Marketing Corporation, doing business as VISIT Florida; and the |
| 654 | Florida Black Business Investment Board, Inc., may continue with |
| 655 | such powers, duties, functions, records, offices, personnel, |
| 656 | property, pending issues, and existing contracts as provided in |
| 657 | Florida Statutes 2010 until December 31, 2011. The Legislature |
| 658 | believes that a transition period between the effective date of |
| 659 | this act and December 31, 2011, is appropriate and warranted. |
| 660 | (4) The Governor shall designate a transition coordinator |
| 661 | who shall serve as the Governor's primary representative on |
| 662 | matters related to the implementation of this act for the merger |
| 663 | of the Florida Sports Foundation; the Florida Tourism Industry |
| 664 | Marketing Corporation, doing business as VISIT Florida; and the |
| 665 | Florida Black Business Investment Board, Inc., into Enterprise |
| 666 | Florida, Inc., and the transition plans developed pursuant to |
| 667 | this section. The Governor's transition coordinator shall submit |
| 668 | a progress report to the Governor, the President of the Senate, |
| 669 | and the Speaker of the House of Representatives on the |
| 670 | implementation of this act and the transition plans, including, |
| 671 | but not limited to, any adverse impact or negative consequences |
| 672 | on programs and services, of meeting any deadline imposed by |
| 673 | this act, and any difficulties experienced by the entities. The |
| 674 | Governor's transition coordinator shall also coordinate the |
| 675 | submission of any budget amendments, in accordance with chapter |
| 676 | 216, Florida Statutes, that may be necessary to implement this |
| 677 | act. |
| 678 | (5) Any funds held in trust which were donated to or |
| 679 | earned by the Florida Sports Foundation; the Florida Tourism |
| 680 | Industry Marketing Corporation, doing business as VISIT Florida; |
| 681 | or the Florida Black Business Investment Board, Inc., while |
| 682 | previously organized as a corporation under chapter 617, Florida |
| 683 | Statutes, shall be transferred to Enterprise Florida, Inc., to |
| 684 | be used by the respective division for the funds' original |
| 685 | purposes. |
| 686 | (6) Upon the recommendation and guidance of the Florida |
| 687 | Sports Foundation; the Florida Tourism Industry Marketing |
| 688 | Corporation, doing business as VISIT Florida; or the Florida |
| 689 | Black Business Investment Board, Inc., the Governor shall submit |
| 690 | in a timely manner to the applicable Federal departments or |
| 691 | agencies any necessary amendments or supplemental information |
| 692 | concerning plans that the state or one of the entities is |
| 693 | required to submit to the Federal Government in connection with |
| 694 | any federal or state program. The Governor shall seek any |
| 695 | waivers from the requirements of federal law or rules which may |
| 696 | be necessary to administer this act. |
| 697 | (7) The transfer of any program, activity, duty, or |
| 698 | function under this act includes the transfer of any records and |
| 699 | unexpended balances of appropriations, allocations, or other |
| 700 | funds related to such program, activity, duty, or function. |
| 701 | Except as otherwise provided by law, Enterprise Florida, Inc., |
| 702 | shall become the custodian of any property of the Florida Sports |
| 703 | Foundation; the Florida Tourism Industry Marketing Corporation, |
| 704 | doing business as VISIT Florida; and the Florida Black Business |
| 705 | Investment Board, Inc., on the date specified in the plan of |
| 706 | merger or December 31, 2011, whichever occurs first. |
| 707 | (8) The Department of Management Services may establish a |
| 708 | lease agreement program under which Enterprise Florida, Inc., |
| 709 | and may hire any individual who was employed by the Florida |
| 710 | Black Business Investment Board, Inc., under a previous lease |
| 711 | agreement under s. 288.708(2), Florida Statutes 2010. Under such |
| 712 | agreement, the employee shall retain his or her status as a |
| 713 | state employee but shall work under the direct supervision of |
| 714 | Enterprise Florida, Inc. Retention of state employee status |
| 715 | shall include the right to participate in the Florida Retirement |
| 716 | System and shall continue until the employee voluntarily or |
| 717 | involuntarily terminates his or her status with Enterprise |
| 718 | Florida, Inc. The Department of Management Services shall |
| 719 | establish the terms and conditions of such lease agreements. |
| 720 | Section 7. Subsection (3) of section 14.32, Florida |
| 721 | Statutes, is renumbered as subsection (4), and a new subsection |
| 722 | (3) is added to that section, to read: |
| 723 | 14.32 Office of Chief Inspector General.- |
| 724 | (3) The Chief Inspector General: |
| 725 | (a) Shall advise public-private partnerships, including |
| 726 | Enterprise Florida, Inc., in their development, utilization, and |
| 727 | improvement of internal control measures necessary to ensure |
| 728 | fiscal accountability. |
| 729 | (b) May conduct, direct, and supervise audits relating to |
| 730 | the programs and operations of public-private partnerships. |
| 731 | (c) Shall receive and investigate complaints of fraud, |
| 732 | abuses, and deficiencies relating to programs and operations of |
| 733 | public-private partnerships. |
| 734 | (d) May request and have access to any records, data, and |
| 735 | other information of public-private partnerships that the Chief |
| 736 | Inspector General deems necessary to carry out his or her |
| 737 | responsibilities with respect to accountability. |
| 738 | (e) Shall monitor public-private partnerships for |
| 739 | compliance with the terms and conditions of contracts with the |
| 740 | department and report noncompliance to the Governor. |
| 741 | (f) Shall advise public-private partnerships in the |
| 742 | development, utilization, and improvement of performance |
| 743 | measures for the evaluation of their operations. |
| 744 | (g) Shall review and make recommendations for improvements |
| 745 | in the actions taken by public-private partnerships to meet |
| 746 | performance standards. |
| 747 | Section 8. Section 15.182, Florida Statutes, is amended to |
| 748 | read: |
| 749 | 15.182 International travel by state-funded musical, |
| 750 | cultural, or artistic organizations; notification to Department |
| 751 | of Economic Opportunity Office of Tourism, Trade, and Economic |
| 752 | Development.- |
| 753 | (1) If a musical, cultural, or artistic organization that |
| 754 | receives state funding is traveling internationally for a |
| 755 | presentation, performance, or other significant public viewing, |
| 756 | including an organization associated with a college or |
| 757 | university, such organization shall notify the Department of |
| 758 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 759 | Development of its intentions to travel, together with the date, |
| 760 | time, and location of each appearance. |
| 761 | (2) The Department of Economic Opportunity Office of |
| 762 | Tourism, Trade, and Economic Development, in conjunction with |
| 763 | Enterprise Florida, Inc., shall act as an intermediary between |
| 764 | performing musical, cultural, and artistic organizations and |
| 765 | Florida businesses to encourage and coordinate joint |
| 766 | undertakings. Such coordination may include, but is not limited |
| 767 | to, encouraging business and industry to sponsor cultural |
| 768 | events, assistance with travel of such organizations, and |
| 769 | coordinating travel schedules of cultural performance groups and |
| 770 | international trade missions. |
| 771 | (3) An organization shall provide the notification to the |
| 772 | Department of Economic Opportunity State required by this |
| 773 | section at least 30 days before prior to the date the |
| 774 | international travel is to commence or, when an intention to |
| 775 | travel internationally is not formed at least 30 days before in |
| 776 | advance of the date that the travel is to commence, as soon as |
| 777 | feasible after forming such travel intention. The Department of |
| 778 | Economic Opportunity State shall take an active role in |
| 779 | informing such groups of the responsibility to notify the |
| 780 | department of travel intentions. |
| 781 | Section 9. Subsection (3) of section 23.22, Florida |
| 782 | Statutes, is renumbered as subsection (2) and present subsection |
| 783 | (2) of that section is amended to read: |
| 784 | 23.22 Paperwork reduction; activities of departments.- |
| 785 | (2) Departments shall consider applying to the Innovation |
| 786 | Investment Program, pursuant to s. 216.235, for financial |
| 787 | assistance required in streamlining and integrating information |
| 788 | systems to reduce paperwork requirements. |
| 789 | Section 10. Subsection (1) of section 24.113, Florida |
| 790 | Statutes, is amended to read: |
| 791 | 24.113 Minority participation.- |
| 792 | (1) It is the intent of the Legislature that the |
| 793 | department encourage participation by minority business |
| 794 | enterprises as defined in s. 288.703. Accordingly, 15 percent of |
| 795 | the retailers shall be minority business enterprises as defined |
| 796 | in s. 288.703(2); however, no more than 35 percent of such |
| 797 | retailers shall be owned by the same type of minority person, as |
| 798 | defined in s. 288.703(3). The department is encouraged to meet |
| 799 | the minority business enterprise procurement goals set forth in |
| 800 | s. 287.09451 in the procurement of commodities, contractual |
| 801 | services, construction, and architectural and engineering |
| 802 | services. This section does shall not preclude or prohibit a |
| 803 | minority person from competing for any other retailing or |
| 804 | vending agreement awarded by the department. |
| 805 | Section 11. Paragraph (c) is added to subsection (7) of |
| 806 | section 112.313, Florida Statutes, to read: |
| 807 | 112.313 Standards of conduct for public officers, |
| 808 | employees of agencies, and local government attorneys.- |
| 809 | (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.- |
| 810 | (c) This subsection does not prohibit the Commissioner of |
| 811 | Economic Opportunity, who, by virtue of his or her office, |
| 812 | serves as president of Enterprise Florida, Inc., from executing |
| 813 | an annual contract with the board of directors of Enterprise |
| 814 | Florida, Inc., that provides the basis for privately funded |
| 815 | performance bonuses. |
| 816 | Section 12. Paragraph (b) of subsection (3) of section |
| 817 | 120.54, Florida Statutes, as amended by chapter 2010-279, Laws |
| 818 | of Florida, is amended to read: |
| 819 | 120.54 Rulemaking.- |
| 820 | (3) ADOPTION PROCEDURES.- |
| 821 | (b) Special matters to be considered in rule adoption.- |
| 822 | 1. Statement of estimated regulatory costs.-Before Prior |
| 823 | to the adoption, amendment, or repeal of any rule other than an |
| 824 | emergency rule, an agency is encouraged to prepare a statement |
| 825 | of estimated regulatory costs of the proposed rule, as provided |
| 826 | by s. 120.541. However, an agency must prepare a statement of |
| 827 | estimated regulatory costs of the proposed rule, as provided by |
| 828 | s. 120.541, if: |
| 829 | a. The proposed rule will have an adverse impact on small |
| 830 | business; or |
| 831 | b. The proposed rule is likely to directly or indirectly |
| 832 | increase regulatory costs in excess of $200,000 in the aggregate |
| 833 | in this state within 1 year after the implementation of the |
| 834 | rule. |
| 835 | 2. Small businesses, small counties, and small cities.- |
| 836 | a. Each agency, before the adoption, amendment, or repeal |
| 837 | of a rule, shall consider the impact of the rule on small |
| 838 | businesses as defined by s. 288.703 and the impact of the rule |
| 839 | on small counties or small cities as defined by s. 120.52. |
| 840 | Whenever practicable, an agency shall tier its rules to reduce |
| 841 | disproportionate impacts on small businesses, small counties, or |
| 842 | small cities to avoid regulating small businesses, small |
| 843 | counties, or small cities that do not contribute significantly |
| 844 | to the problem the rule is designed to address. An agency may |
| 845 | define "small business" to include businesses employing more |
| 846 | than 200 persons, may define "small county" to include those |
| 847 | with populations of more than 75,000, and may define "small |
| 848 | city" to include those with populations of more than 10,000, if |
| 849 | it finds that such a definition is necessary to adapt a rule to |
| 850 | the needs and problems of small businesses, small counties, or |
| 851 | small cities. The agency shall consider each of the following |
| 852 | methods for reducing the impact of the proposed rule on small |
| 853 | businesses, small counties, and small cities, or any combination |
| 854 | of these entities: |
| 855 | (I) Establishing less stringent compliance or reporting |
| 856 | requirements in the rule. |
| 857 | (II) Establishing less stringent schedules or deadlines in |
| 858 | the rule for compliance or reporting requirements. |
| 859 | (III) Consolidating or simplifying the rule's compliance |
| 860 | or reporting requirements. |
| 861 | (IV) Establishing performance standards or best management |
| 862 | practices to replace design or operational standards in the |
| 863 | rule. |
| 864 | (V) Exempting small businesses, small counties, or small |
| 865 | cities from any or all requirements of the rule. |
| 866 | b.(I) If the agency determines that the proposed action |
| 867 | will affect small businesses as defined by the agency as |
| 868 | provided in sub-subparagraph a., the agency shall send written |
| 869 | notice of the rule to the Small Business Regulatory Advisory |
| 870 | Council and the Department of Economic Opportunity at least |
| 871 | Office of Tourism, Trade, and Economic Development not less than |
| 872 | 28 days before prior to the intended action. |
| 873 | (II) Each agency shall adopt those regulatory alternatives |
| 874 | offered by the Small Business Regulatory Advisory Council and |
| 875 | provided to the agency no later than 21 days after the council's |
| 876 | receipt of the written notice of the rule which it finds are |
| 877 | feasible and consistent with the stated objectives of the |
| 878 | proposed rule and which would reduce the impact on small |
| 879 | businesses. When regulatory alternatives are offered by the |
| 880 | Small Business Regulatory Advisory Council, the 90-day period |
| 881 | for filing the rule in subparagraph (e)2. is extended for a |
| 882 | period of 21 days. |
| 883 | (III) If an agency does not adopt all alternatives offered |
| 884 | pursuant to this sub-subparagraph, it shall, before prior to |
| 885 | rule adoption or amendment and pursuant to subparagraph (d)1., |
| 886 | file a detailed written statement with the committee explaining |
| 887 | the reasons for failure to adopt such alternatives. Within 3 |
| 888 | working days after of the filing of such notice, the agency |
| 889 | shall send a copy of such notice to the Small Business |
| 890 | Regulatory Advisory Council. The Small Business Regulatory |
| 891 | Advisory Council may make a request of the President of the |
| 892 | Senate and the Speaker of the House of Representatives that the |
| 893 | presiding officers direct the Office of Program Policy Analysis |
| 894 | and Government Accountability to determine whether the rejected |
| 895 | alternatives reduce the impact on small business while meeting |
| 896 | the stated objectives of the proposed rule. Within 60 days after |
| 897 | the date of the directive from the presiding officers, the |
| 898 | Office of Program Policy Analysis and Government Accountability |
| 899 | shall report to the Administrative Procedures Committee its |
| 900 | findings as to whether an alternative reduces the impact on |
| 901 | small business while meeting the stated objectives of the |
| 902 | proposed rule. The Office of Program Policy Analysis and |
| 903 | Government Accountability shall consider the proposed rule, the |
| 904 | economic impact statement, the written statement of the agency, |
| 905 | the proposed alternatives, and any comment submitted during the |
| 906 | comment period on the proposed rule. The Office of Program |
| 907 | Policy Analysis and Government Accountability shall submit a |
| 908 | report of its findings and recommendations to the Governor, the |
| 909 | President of the Senate, and the Speaker of the House of |
| 910 | Representatives. The Administrative Procedures Committee shall |
| 911 | report such findings to the agency, and the agency shall respond |
| 912 | in writing to the Administrative Procedures Committee if the |
| 913 | Office of Program Policy Analysis and Government Accountability |
| 914 | found that the alternative reduced the impact on small business |
| 915 | while meeting the stated objectives of the proposed rule. If the |
| 916 | agency will not adopt the alternative, it must also provide a |
| 917 | detailed written statement to the committee as to why it will |
| 918 | not adopt the alternative. |
| 919 | Section 13. Subsections (4) and (5) of section 125.045, |
| 920 | Florida Statutes, are amended to read: |
| 921 | 125.045 County economic development powers.- |
| 922 | (4) A contract between the governing body of a county or |
| 923 | other entity engaged in economic development activities on |
| 924 | behalf of the county and an economic development agency must |
| 925 | require the agency or entity receiving county funds to submit a |
| 926 | report to the governing body of the county detailing how county |
| 927 | funds were spent and detailing the results of the economic |
| 928 | development agency's or entity's efforts on behalf of the |
| 929 | county. By January 15, 2011, and annually thereafter, the county |
| 930 | must file a copy of the report with the Office of Economic and |
| 931 | Demographic Research Legislative Committee on Intergovernmental |
| 932 | Relations or its successor entity and post a copy of the report |
| 933 | on the county's website. |
| 934 | (5)(a) By January 15, 2011, and annually thereafter, each |
| 935 | county shall report to the Office of Economic and Demographic |
| 936 | Research Legislative Committee on Intergovernmental Relations or |
| 937 | its successor entity the economic development incentives in |
| 938 | excess of $25,000 given to any business during the county's |
| 939 | previous fiscal year. The Office of Economic and Demographic |
| 940 | Research Legislative Committee on Intergovernmental Relations or |
| 941 | its successor entity shall compile the information from the |
| 942 | counties into a report and provide the report to the Department |
| 943 | of Economic Opportunity Office of Tourism, Trade, and Economic |
| 944 | Development. Economic development incentives include: |
| 945 | 1. Direct financial incentives of monetary assistance |
| 946 | provided to a business from the county or through an |
| 947 | organization authorized by the county. Such incentives include, |
| 948 | but are not limited to, grants, loans, equity investments, loan |
| 949 | insurance and guarantees, and training subsidies. |
| 950 | 2. Indirect incentives in the form of grants and loans |
| 951 | provided to businesses and community organizations that provide |
| 952 | support to businesses or promote business investment or |
| 953 | development. |
| 954 | 3. Fee-based or tax-based incentives, including, but not |
| 955 | limited to, credits, refunds, exemptions, and property tax |
| 956 | abatement or assessment reductions. |
| 957 | 4. Below-market rate leases or deeds for real property. |
| 958 | (b) A county shall report its economic development |
| 959 | incentives in the format specified by the Office of Economic and |
| 960 | Demographic Research Legislative Committee on Intergovernmental |
| 961 | Relations or its successor entity. |
| 962 | (c) The Office of Economic and Demographic Research |
| 963 | Legislative Committee on Intergovernmental Relations or its |
| 964 | successor entity shall compile the economic development |
| 965 | incentives provided by each county in a manner that shows the |
| 966 | total of each class of economic development incentives provided |
| 967 | by each county and all counties. |
| 968 | Section 14. Subsection (11) of section 159.803, Florida |
| 969 | Statutes, is amended to read: |
| 970 | 159.803 Definitions.-As used in this part, the term: |
| 971 | (11) "Florida First Business project" means any project |
| 972 | which is certified by the Governor, through the Department of |
| 973 | Economic Opportunity, Office of Tourism, Trade, and Economic |
| 974 | Development as eligible to receive an allocation from the |
| 975 | Florida First Business allocation pool established pursuant to |
| 976 | s. 159.8083. The Governor Office of Tourism, Trade, and Economic |
| 977 | Development may certify those projects meeting the criteria set |
| 978 | forth in s. 288.106(4)(b) or any project providing a substantial |
| 979 | economic benefit to this state. |
| 980 | Section 15. Paragraph (a) of subsection (2) of section |
| 981 | 159.8081, Florida Statutes, is amended to read: |
| 982 | 159.8081 Manufacturing facility bond pool.- |
| 983 | (2)(a) The first 75 percent of this pool shall be |
| 984 | available on a first come, first served basis, except that 15 |
| 985 | percent of the state volume limitation allocated to this pool |
| 986 | shall be available as provided in paragraph (b). Before Prior to |
| 987 | issuing any written confirmations for the remaining 25 percent |
| 988 | of this pool, the director shall forward all notices of intent |
| 989 | to issue which are received by the division for manufacturing |
| 990 | facility projects to the Department of Economic Opportunity |
| 991 | Office of Tourism, Trade, and Economic Development. The Governor |
| 992 | Office of Tourism, Trade, and Economic Development and the |
| 993 | Department of Community Affairs shall decide, after receipt of |
| 994 | the notices of intent to issue, which notices shall will receive |
| 995 | written confirmations. The Department of Economic Opportunity |
| 996 | shall communicate the Governor's Such decision shall be |
| 997 | communicated in writing by the Office of Tourism, Trade, and |
| 998 | Economic Development to the director within 10 days after of |
| 999 | receipt of such notices of intent to issue. The Department of |
| 1000 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 1001 | Development, in consultation with the Department of Community |
| 1002 | Affairs, may adopt develop rules to ensure that allocation of |
| 1003 | the remaining 25 percent is consistent with the state's economic |
| 1004 | development policy. |
| 1005 | Section 16. Section 159.8083, Florida Statutes, is amended |
| 1006 | to read: |
| 1007 | 159.8083 Florida First Business allocation pool.-The |
| 1008 | Florida First Business allocation pool is hereby established. |
| 1009 | The Florida First Business allocation pool shall be available |
| 1010 | solely to provide written confirmation for private activity |
| 1011 | bonds to finance Florida First Business projects certified by |
| 1012 | the Governor, through the Department of Economic Opportunity, |
| 1013 | Office of Tourism, Trade, and Economic Development as eligible |
| 1014 | to receive a written confirmation. Allocations from such pool |
| 1015 | shall be awarded statewide pursuant to procedures specified in |
| 1016 | s. 159.805, except that the provisions of s. 159.805(2), (3), |
| 1017 | and (6) do not apply. Florida First Business projects that are |
| 1018 | eligible for a carryforward do shall not lose their allocation |
| 1019 | pursuant to s. 159.809(3) on October 1, or pursuant to s. |
| 1020 | 159.809(4) on November 16, if they have applied for and have |
| 1021 | been granted a carryforward by the division pursuant to s. |
| 1022 | 159.81(1). In issuing written confirmations of allocations for |
| 1023 | Florida First Business projects, the division shall use the |
| 1024 | Florida First Business allocation pool. If allocation is not |
| 1025 | available from the Florida First Business allocation pool, the |
| 1026 | division shall issue written confirmations of allocations for |
| 1027 | Florida First Business projects pursuant to s. 159.806 or s. |
| 1028 | 159.807, in such order. For the purpose of determining priority |
| 1029 | within a regional allocation pool or the state allocation pool, |
| 1030 | notices of intent to issue bonds for Florida First Business |
| 1031 | projects to be issued from a regional allocation pool or the |
| 1032 | state allocation pool shall be considered to have been received |
| 1033 | by the division at the time it is determined by the division |
| 1034 | that the Florida First Business allocation pool is unavailable |
| 1035 | to issue confirmation for such Florida First Business project. |
| 1036 | If the total amount requested in notices of intent to issue |
| 1037 | private activity bonds for Florida First Business projects |
| 1038 | exceeds the total amount of the Florida First Business |
| 1039 | allocation pool, the director shall forward all timely notices |
| 1040 | of intent to issue, which are received by the division for such |
| 1041 | projects, to the Governor, through the Department of Economic |
| 1042 | Opportunity, Office of Tourism, Trade, and Economic Development |
| 1043 | who which shall render a decision as to which notices of intent |
| 1044 | to issue are to receive written confirmations. The Department of |
| 1045 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 1046 | Development, in consultation with the division, shall adopt |
| 1047 | develop rules to ensure that the allocation provided in such |
| 1048 | pool is available solely to provide written confirmations for |
| 1049 | private activity bonds to finance Florida First Business |
| 1050 | projects and that such projects are feasible and financially |
| 1051 | solvent. |
| 1052 | Section 17. Subsection (3) of section 159.809, Florida |
| 1053 | Statutes, is amended to read: |
| 1054 | 159.809 Recapture of unused amounts.- |
| 1055 | (3) On October 1 of each year, any portion of the |
| 1056 | allocation made to the Florida First Business allocation pool |
| 1057 | pursuant to s. 159.804(5), or subsection (1), or subsection (2), |
| 1058 | which is eligible for carryforward pursuant to s. 146(f) of the |
| 1059 | Code but which has not been certified for carryforward by the |
| 1060 | Governor, through the Department of Economic Opportunity Office |
| 1061 | of Tourism, Trade, and Economic Development, shall be returned |
| 1062 | to the Florida First Business allocation pool. |
| 1063 | Section 18. Subsection (1) of section 159.81, Florida |
| 1064 | Statutes, is amended to read: |
| 1065 | 159.81 Unused allocations; carryforwards.- |
| 1066 | (1) The division shall, when requested, provide |
| 1067 | carryforwards pursuant to s. 146(f) of the Code for written |
| 1068 | confirmations for priority projects which qualify for a |
| 1069 | carryforward pursuant to s. 146(f) of the Code, if such request |
| 1070 | is accompanied by an opinion of bond counsel to that effect. In |
| 1071 | addition, in the case of Florida First Business projects, the |
| 1072 | division shall, when requested, grant requests for carryforward |
| 1073 | only after receipt of a certification from the Governor, through |
| 1074 | the Department of Economic Opportunity, Office of Tourism, |
| 1075 | Trade, and Economic Development that the project has been |
| 1076 | approved by the Governor, through the department, such office to |
| 1077 | receive carryforward. |
| 1078 | Section 19. Subsection (10) of section 163.3180, Florida |
| 1079 | Statutes, is amended to read: |
| 1080 | 163.3180 Concurrency.- |
| 1081 | (10) Except in transportation concurrency exception areas, |
| 1082 | with regard to roadway facilities on the Strategic Intermodal |
| 1083 | System designated in accordance with s. 339.63, local |
| 1084 | governments shall adopt the level-of-service standard |
| 1085 | established by the Department of Transportation by rule. |
| 1086 | However, if the Department of Economic Opportunity Office of |
| 1087 | Tourism, Trade, and Economic Development concurs in writing with |
| 1088 | the local government that the proposed development is for a |
| 1089 | qualified job creation project under s. 288.0656 or s. 403.973, |
| 1090 | the affected local government, after consulting with the |
| 1091 | Department of Transportation, may provide for a waiver of |
| 1092 | transportation concurrency for the project. For all other roads |
| 1093 | on the State Highway System, local governments shall establish |
| 1094 | an adequate level-of-service standard that need not be |
| 1095 | consistent with any level-of-service standard established by the |
| 1096 | Department of Transportation. In establishing adequate level-of- |
| 1097 | service standards for any arterial roads, or collector roads as |
| 1098 | appropriate, which traverse multiple jurisdictions, local |
| 1099 | governments shall consider compatibility with the roadway |
| 1100 | facility's adopted level-of-service standards in adjacent |
| 1101 | jurisdictions. Each local government within a county shall use a |
| 1102 | professionally accepted methodology for measuring impacts on |
| 1103 | transportation facilities for the purposes of implementing its |
| 1104 | concurrency management system. Counties are encouraged to |
| 1105 | coordinate with adjacent counties, and local governments within |
| 1106 | a county are encouraged to coordinate, for the purpose of using |
| 1107 | common methodologies for measuring impacts on transportation |
| 1108 | facilities for the purpose of implementing their concurrency |
| 1109 | management systems. |
| 1110 | Section 20. Paragraph (c) of subsection (1) of section |
| 1111 | 163.3187, Florida Statutes, is amended to read: |
| 1112 | 163.3187 Amendment of adopted comprehensive plan.- |
| 1113 | (1) Amendments to comprehensive plans adopted pursuant to |
| 1114 | this part may be made not more than two times during any |
| 1115 | calendar year, except: |
| 1116 | (c) Any local government comprehensive plan amendments |
| 1117 | directly related to proposed small scale development activities |
| 1118 | may be approved without regard to statutory limits on the |
| 1119 | frequency of consideration of amendments to the local |
| 1120 | comprehensive plan. A small scale development amendment may be |
| 1121 | adopted only under the following conditions: |
| 1122 | 1. The proposed amendment involves a use of 10 acres or |
| 1123 | fewer and: |
| 1124 | a. The cumulative annual effect of the acreage for all |
| 1125 | small scale development amendments adopted by the local |
| 1126 | government may shall not exceed: |
| 1127 | (I) A maximum of 120 acres in a local government that |
| 1128 | contains areas specifically designated in the local |
| 1129 | comprehensive plan for urban infill, urban redevelopment, or |
| 1130 | downtown revitalization as defined in s. 163.3164, urban infill |
| 1131 | and redevelopment areas designated under s. 163.2517, |
| 1132 | transportation concurrency exception areas approved pursuant to |
| 1133 | s. 163.3180(5), or regional activity centers and urban central |
| 1134 | business districts approved pursuant to s. 380.06(2)(e); |
| 1135 | however, amendments under this paragraph may not be applied to |
| 1136 | no more than 60 acres annually of property outside the |
| 1137 | designated areas listed in this sub-sub-subparagraph. Amendments |
| 1138 | adopted pursuant to paragraph (k) may shall not be counted |
| 1139 | toward the acreage limitations for small scale amendments under |
| 1140 | this paragraph. |
| 1141 | (II) A maximum of 80 acres in a local government that does |
| 1142 | not contain any of the designated areas set forth in sub-sub- |
| 1143 | subparagraph (I). |
| 1144 | (III) A maximum of 120 acres in a county established |
| 1145 | pursuant to s. 9, Art. VIII of the State Constitution. |
| 1146 | b. The proposed amendment does not involve the same |
| 1147 | property granted a change within the previous prior 12 months. |
| 1148 | c. The proposed amendment does not involve the same |
| 1149 | owner's property within 200 feet of property granted a change |
| 1150 | within the previous prior 12 months. |
| 1151 | d. The proposed amendment does not involve a text change |
| 1152 | to the goals, policies, and objectives of the local government's |
| 1153 | comprehensive plan, but only proposes a land use change to the |
| 1154 | future land use map for a site-specific small scale development |
| 1155 | activity. |
| 1156 | e. The property that is the subject of the proposed |
| 1157 | amendment is not located within an area of critical state |
| 1158 | concern, unless the project subject to the proposed amendment |
| 1159 | involves the construction of affordable housing units meeting |
| 1160 | the criteria of s. 420.0004(3), and is located within an area of |
| 1161 | critical state concern designated by s. 380.0552 or by the |
| 1162 | Administration Commission pursuant to s. 380.05(1). Such |
| 1163 | amendment is not subject to the density limitations of sub- |
| 1164 | subparagraph f., and shall be reviewed by the state land |
| 1165 | planning agency for consistency with the principles for guiding |
| 1166 | development applicable to the area of critical state concern |
| 1167 | where the amendment is located and does shall not become |
| 1168 | effective until a final order is issued under s. 380.05(6). |
| 1169 | f. If the proposed amendment involves a residential land |
| 1170 | use, the residential land use has a density of 10 units or less |
| 1171 | per acre or the proposed future land use category allows a |
| 1172 | maximum residential density of the same or less than the maximum |
| 1173 | residential density allowable under the existing future land use |
| 1174 | category, except that this limitation does not apply to small |
| 1175 | scale amendments involving the construction of affordable |
| 1176 | housing units meeting the criteria of s. 420.0004(3) on property |
| 1177 | which will be the subject of a land use restriction agreement, |
| 1178 | or small scale amendments described in sub-sub-subparagraph |
| 1179 | a.(I) that are designated in the local comprehensive plan for |
| 1180 | urban infill, urban redevelopment, or downtown revitalization as |
| 1181 | defined in s. 163.3164, urban infill and redevelopment areas |
| 1182 | designated under s. 163.2517, transportation concurrency |
| 1183 | exception areas approved pursuant to s. 163.3180(5), or regional |
| 1184 | activity centers and urban central business districts approved |
| 1185 | pursuant to s. 380.06(2)(e). |
| 1186 | 2.a. A local government that proposes to consider a plan |
| 1187 | amendment pursuant to this paragraph is not required to comply |
| 1188 | with the procedures and public notice requirements of s. |
| 1189 | 163.3184(15)(c) for such plan amendments if the local government |
| 1190 | complies with the provisions in s. 125.66(4)(a) for a county or |
| 1191 | in s. 166.041(3)(c) for a municipality. If a request for a plan |
| 1192 | amendment under this paragraph is initiated by other than the |
| 1193 | local government, public notice is required. |
| 1194 | b. The local government shall send copies of the notice |
| 1195 | and amendment to the state land planning agency, the regional |
| 1196 | planning council, and any other person or entity requesting a |
| 1197 | copy. This information shall also include a statement |
| 1198 | identifying any property subject to the amendment that is |
| 1199 | located within a coastal high-hazard area as identified in the |
| 1200 | local comprehensive plan. |
| 1201 | 3. Small scale development amendments adopted pursuant to |
| 1202 | this paragraph require only one public hearing before the |
| 1203 | governing board, which shall be an adoption hearing as described |
| 1204 | in s. 163.3184(7), and are not subject to the requirements of s. |
| 1205 | 163.3184(3)-(6) unless the local government elects to have them |
| 1206 | subject to those requirements. |
| 1207 | 4. If the small scale development amendment involves a |
| 1208 | site within an area that is designated by the Governor as a |
| 1209 | rural area of critical economic concern under s. 288.0656(7) for |
| 1210 | the duration of such designation, the 10-acre limit listed in |
| 1211 | subparagraph 1. shall be increased by 100 percent to 20 acres. |
| 1212 | The local government approving the small scale plan amendment |
| 1213 | shall certify to the Department of Economic Opportunity Office |
| 1214 | of Tourism, Trade, and Economic Development that the plan |
| 1215 | amendment furthers the economic objectives set forth in the |
| 1216 | executive order issued under s. 288.0656(7), and the property |
| 1217 | subject to the plan amendment shall undergo public review to |
| 1218 | ensure that all concurrency requirements and federal, state, and |
| 1219 | local environmental permit requirements are met. |
| 1220 | Section 21. Paragraphs (d) and (e) of subsection (9) of |
| 1221 | section 166.021, Florida Statutes, are amended to read: |
| 1222 | 166.021 Powers.- |
| 1223 | (9) |
| 1224 | (d) A contract between the governing body of a |
| 1225 | municipality or other entity engaged in economic development |
| 1226 | activities on behalf of the municipality and an economic |
| 1227 | development agency must require the agency or entity receiving |
| 1228 | municipal funds to submit a report to the governing body of the |
| 1229 | municipality detailing how the municipal funds are spent and |
| 1230 | detailing the results of the economic development agency's or |
| 1231 | entity's efforts on behalf of the municipality. By January 15, |
| 1232 | 2011, and annually thereafter, the municipality shall file a |
| 1233 | copy of the report with the Office of Economic and Demographic |
| 1234 | Research Legislative Committee on Intergovernmental Relations or |
| 1235 | its successor entity and post a copy of the report on the |
| 1236 | municipality's website. |
| 1237 | (e)1. By January 15, 2011, and annually thereafter |
| 1238 | therafter, each municipality having annual revenues or |
| 1239 | expenditures greater than $250,000 shall report to the Office of |
| 1240 | Economic Demographic Research Legislative Committee on |
| 1241 | Intergovernmental Relations or its successor entity the economic |
| 1242 | development incentives in excess of $25,000 given to any |
| 1243 | business during the municipality's previous fiscal year. The |
| 1244 | Office of Economic and Demographic Research Legislative |
| 1245 | Committee on Intergovernmental Relations or its successor entity |
| 1246 | shall compile the information from the municipalities into a |
| 1247 | report and provide the report to the Department of Economic |
| 1248 | Opportunity Office of Tourism, Trade, and Economic Development. |
| 1249 | Economic development incentives include: |
| 1250 | a. Direct financial incentives of monetary assistance |
| 1251 | provided to a business from the municipality or through an |
| 1252 | organization authorized by the municipality. Such incentives |
| 1253 | include, but are not limited to, grants, loans, equity |
| 1254 | investments, loan insurance and guarantees, and training |
| 1255 | subsidies. |
| 1256 | b. Indirect incentives in the form of grants and loans |
| 1257 | provided to businesses and community organizations that provide |
| 1258 | support to businesses or promote business investment or |
| 1259 | development. |
| 1260 | c. Fee-based or tax-based incentives, including, but not |
| 1261 | limited to, credits, refunds, exemptions, and property tax |
| 1262 | abatement or assessment reductions. |
| 1263 | d. Below-market rate leases or deeds for real property. |
| 1264 | 2. A municipality shall report its economic development |
| 1265 | incentives in the format specified by the Office of Economic and |
| 1266 | Demographic Research Legislative Committee on Intergovernmental |
| 1267 | Relations or its successor entity. |
| 1268 | 3. The Office of Economic and Demographic Research |
| 1269 | Legislative Committee on Intergovernmental Relations or its |
| 1270 | successor entity shall compile the economic development |
| 1271 | incentives provided by each municipality in a manner that shows |
| 1272 | the total of each class of economic development incentives |
| 1273 | provided by each municipality and all municipalities. |
| 1274 | Section 22. Paragraph (c) of subsection (4) of section |
| 1275 | 186.504, Florida Statutes, is amended to read: |
| 1276 | 186.504 Regional planning councils; creation; membership.- |
| 1277 | (4) In addition to voting members appointed pursuant to |
| 1278 | paragraph (2)(c), the Governor shall appoint the following ex |
| 1279 | officio nonvoting members to each regional planning council: |
| 1280 | (c) A representative nominated by the Department of |
| 1281 | Economic Opportunity Enterprise Florida, Inc., and the Office of |
| 1282 | Tourism, Trade, and Economic Development. |
| 1283 |
|
| 1284 | The Governor may also appoint ex officio nonvoting members |
| 1285 | representing appropriate metropolitan planning organizations and |
| 1286 | regional water supply authorities. |
| 1287 | Section 23. Paragraphs (g), (h), (j), and (p) of |
| 1288 | subsection (5) and paragraph (b) of subsection (15) of section |
| 1289 | 212.08, Florida Statutes, are amended to read: |
| 1290 | 212.08 Sales, rental, use, consumption, distribution, and |
| 1291 | storage tax; specified exemptions.-The sale at retail, the |
| 1292 | rental, the use, the consumption, the distribution, and the |
| 1293 | storage to be used or consumed in this state of the following |
| 1294 | are hereby specifically exempt from the tax imposed by this |
| 1295 | chapter. |
| 1296 | (5) EXEMPTIONS; ACCOUNT OF USE.- |
| 1297 | (g) Building materials used in the rehabilitation of real |
| 1298 | property located in an enterprise zone.- |
| 1299 | 1. Building materials used in the rehabilitation of real |
| 1300 | property located in an enterprise zone are exempt from the tax |
| 1301 | imposed by this chapter upon an affirmative showing to the |
| 1302 | satisfaction of the department that the items have been used for |
| 1303 | the rehabilitation of real property located in an enterprise |
| 1304 | zone. Except as provided in subparagraph 2., this exemption |
| 1305 | inures to the owner, lessee, or lessor at the time the real |
| 1306 | property is rehabilitated, but only through a refund of |
| 1307 | previously paid taxes. To receive a refund pursuant to this |
| 1308 | paragraph, the owner, lessee, or lessor of the rehabilitated |
| 1309 | real property must file an application under oath with the |
| 1310 | governing body or enterprise zone development agency having |
| 1311 | jurisdiction over the enterprise zone where the business is |
| 1312 | located, as applicable. A single application for a refund may be |
| 1313 | submitted for multiple, contiguous parcels that were part of a |
| 1314 | single parcel that was divided as part of the rehabilitation of |
| 1315 | the property. All other requirements of this paragraph apply to |
| 1316 | each parcel on an individual basis. The application must |
| 1317 | include: |
| 1318 | a. The name and address of the person claiming the refund. |
| 1319 | b. An address and assessment roll parcel number of the |
| 1320 | rehabilitated real property for which a refund of previously |
| 1321 | paid taxes is being sought. |
| 1322 | c. A description of the improvements made to accomplish |
| 1323 | the rehabilitation of the real property. |
| 1324 | d. A copy of a valid building permit issued by the county |
| 1325 | or municipal building department for the rehabilitation of the |
| 1326 | real property. |
| 1327 | e. A sworn statement, under penalty of perjury, from the |
| 1328 | general contractor licensed in this state with whom the |
| 1329 | applicant contracted to make the improvements necessary to |
| 1330 | rehabilitate the real property, which lists the building |
| 1331 | materials used to rehabilitate the real property, the actual |
| 1332 | cost of the building materials, and the amount of sales tax paid |
| 1333 | in this state on the building materials. If a general contractor |
| 1334 | was not used, the applicant, not a general contractor, shall |
| 1335 | make the sworn statement required by this sub-subparagraph. |
| 1336 | Copies of the invoices that evidence the purchase of the |
| 1337 | building materials used in the rehabilitation and the payment of |
| 1338 | sales tax on the building materials must be attached to the |
| 1339 | sworn statement provided by the general contractor or by the |
| 1340 | applicant. Unless the actual cost of building materials used in |
| 1341 | the rehabilitation of real property and the payment of sales |
| 1342 | taxes is documented by a general contractor or by the applicant |
| 1343 | in this manner, the cost of the building materials is deemed to |
| 1344 | be an amount equal to 40 percent of the increase in assessed |
| 1345 | value for ad valorem tax purposes. |
| 1346 | f. The identifying number assigned pursuant to s. 290.0065 |
| 1347 | to the enterprise zone in which the rehabilitated real property |
| 1348 | is located. |
| 1349 | g. A certification by the local building code inspector |
| 1350 | that the improvements necessary to rehabilitate the real |
| 1351 | property are substantially completed. |
| 1352 | h. A statement of whether the business is a small business |
| 1353 | as defined by s. 288.703(1). |
| 1354 | i. If applicable, the name and address of each permanent |
| 1355 | employee of the business, including, for each employee who is a |
| 1356 | resident of an enterprise zone, the identifying number assigned |
| 1357 | pursuant to s. 290.0065 to the enterprise zone in which the |
| 1358 | employee resides. |
| 1359 | 2. This exemption inures to a municipality, county, other |
| 1360 | governmental unit or agency, or nonprofit community-based |
| 1361 | organization through a refund of previously paid taxes if the |
| 1362 | building materials used in the rehabilitation are paid for from |
| 1363 | the funds of a community development block grant, State Housing |
| 1364 | Initiatives Partnership Program, or similar grant or loan |
| 1365 | program. To receive a refund, a municipality, county, other |
| 1366 | governmental unit or agency, or nonprofit community-based |
| 1367 | organization must file an application that includes the same |
| 1368 | information required in subparagraph 1. In addition, the |
| 1369 | application must include a sworn statement signed by the chief |
| 1370 | executive officer of the municipality, county, other |
| 1371 | governmental unit or agency, or nonprofit community-based |
| 1372 | organization seeking a refund which states that the building |
| 1373 | materials for which a refund is sought were funded by a |
| 1374 | community development block grant, State Housing Initiatives |
| 1375 | Partnership Program, or similar grant or loan program. |
| 1376 | 3. Within 10 working days after receipt of an application, |
| 1377 | the governing body or enterprise zone development agency shall |
| 1378 | review the application to determine if it contains all the |
| 1379 | information required by subparagraph 1. or subparagraph 2. and |
| 1380 | meets the criteria set out in this paragraph. The governing body |
| 1381 | or agency shall certify all applications that contain the |
| 1382 | required information and are eligible to receive a refund. If |
| 1383 | applicable, the governing body or agency shall also certify if |
| 1384 | 20 percent of the employees of the business are residents of an |
| 1385 | enterprise zone, excluding temporary and part-time employees. |
| 1386 | The certification must be in writing, and a copy of the |
| 1387 | certification shall be transmitted to the executive director of |
| 1388 | the department. The applicant is responsible for forwarding a |
| 1389 | certified application to the department within the time |
| 1390 | specified in subparagraph 4. |
| 1391 | 4. An application for a refund must be submitted to the |
| 1392 | department within 6 months after the rehabilitation of the |
| 1393 | property is deemed to be substantially completed by the local |
| 1394 | building code inspector or by November 1 after the rehabilitated |
| 1395 | property is first subject to assessment. |
| 1396 | 5. Only one exemption through a refund of previously paid |
| 1397 | taxes for the rehabilitation of real property is permitted for |
| 1398 | any single parcel of property unless there is a change in |
| 1399 | ownership, a new lessor, or a new lessee of the real property. A |
| 1400 | refund may not be granted unless the amount to be refunded |
| 1401 | exceeds $500. A refund may not exceed the lesser of 97 percent |
| 1402 | of the Florida sales or use tax paid on the cost of the building |
| 1403 | materials used in the rehabilitation of the real property as |
| 1404 | determined pursuant to sub-subparagraph 1.e. or $5,000, or, if |
| 1405 | at least 20 percent of the employees of the business are |
| 1406 | residents of an enterprise zone, excluding temporary and part- |
| 1407 | time employees, the amount of refund may not exceed the lesser |
| 1408 | of 97 percent of the sales tax paid on the cost of the building |
| 1409 | materials or $10,000. A refund shall be made within 30 days |
| 1410 | after formal approval by the department of the application for |
| 1411 | the refund. |
| 1412 | 6. The department shall adopt rules governing the manner |
| 1413 | and form of refund applications and may establish guidelines as |
| 1414 | to the requisites for an affirmative showing of qualification |
| 1415 | for exemption under this paragraph. |
| 1416 | 7. The department shall deduct an amount equal to 10 |
| 1417 | percent of each refund granted under this paragraph from the |
| 1418 | amount transferred into the Local Government Half-cent Sales Tax |
| 1419 | Clearing Trust Fund pursuant to s. 212.20 for the county area in |
| 1420 | which the rehabilitated real property is located and shall |
| 1421 | transfer that amount to the General Revenue Fund. |
| 1422 | 8. For the purposes of the exemption provided in this |
| 1423 | paragraph, the term: |
| 1424 | a. "Building materials" means tangible personal property |
| 1425 | that becomes a component part of improvements to real property. |
| 1426 | b. "Real property" has the same meaning as provided in s. |
| 1427 | 192.001(12), except that the term does not include a condominium |
| 1428 | parcel or condominium property as defined in s. 718.103. |
| 1429 | c. "Rehabilitation of real property" means the |
| 1430 | reconstruction, renovation, restoration, rehabilitation, |
| 1431 | construction, or expansion of improvements to real property. |
| 1432 | d. "Substantially completed" has the same meaning as |
| 1433 | provided in s. 192.042(1). |
| 1434 | 9. This paragraph expires on the date specified in s. |
| 1435 | 290.016 for the expiration of the Florida Enterprise Zone Act. |
| 1436 | (h) Business property used in an enterprise zone.- |
| 1437 | 1. Business property purchased for use by businesses |
| 1438 | located in an enterprise zone which is subsequently used in an |
| 1439 | enterprise zone shall be exempt from the tax imposed by this |
| 1440 | chapter. This exemption inures to the business only through a |
| 1441 | refund of previously paid taxes. A refund shall be authorized |
| 1442 | upon an affirmative showing by the taxpayer to the satisfaction |
| 1443 | of the department that the requirements of this paragraph have |
| 1444 | been met. |
| 1445 | 2. To receive a refund, the business must file under oath |
| 1446 | with the governing body or enterprise zone development agency |
| 1447 | having jurisdiction over the enterprise zone where the business |
| 1448 | is located, as applicable, an application which includes: |
| 1449 | a. The name and address of the business claiming the |
| 1450 | refund. |
| 1451 | b. The identifying number assigned pursuant to s. 290.0065 |
| 1452 | to the enterprise zone in which the business is located. |
| 1453 | c. A specific description of the property for which a |
| 1454 | refund is sought, including its serial number or other permanent |
| 1455 | identification number. |
| 1456 | d. The location of the property. |
| 1457 | e. The sales invoice or other proof of purchase of the |
| 1458 | property, showing the amount of sales tax paid, the date of |
| 1459 | purchase, and the name and address of the sales tax dealer from |
| 1460 | whom the property was purchased. |
| 1461 | f. Whether the business is a small business as defined by |
| 1462 | s. 288.703(1). |
| 1463 | g. If applicable, the name and address of each permanent |
| 1464 | employee of the business, including, for each employee who is a |
| 1465 | resident of an enterprise zone, the identifying number assigned |
| 1466 | pursuant to s. 290.0065 to the enterprise zone in which the |
| 1467 | employee resides. |
| 1468 | 3. Within 10 working days after receipt of an application, |
| 1469 | the governing body or enterprise zone development agency shall |
| 1470 | review the application to determine if it contains all the |
| 1471 | information required pursuant to subparagraph 2. and meets the |
| 1472 | criteria set out in this paragraph. The governing body or agency |
| 1473 | shall certify all applications that contain the information |
| 1474 | required pursuant to subparagraph 2. and meet the criteria set |
| 1475 | out in this paragraph as eligible to receive a refund. If |
| 1476 | applicable, the governing body or agency shall also certify if |
| 1477 | 20 percent of the employees of the business are residents of an |
| 1478 | enterprise zone, excluding temporary and part-time employees. |
| 1479 | The certification shall be in writing, and a copy of the |
| 1480 | certification shall be transmitted to the executive director of |
| 1481 | the Department of Revenue. The business shall be responsible for |
| 1482 | forwarding a certified application to the department within the |
| 1483 | time specified in subparagraph 4. |
| 1484 | 4. An application for a refund pursuant to this paragraph |
| 1485 | must be submitted to the department within 6 months after the |
| 1486 | tax is due on the business property that is purchased. |
| 1487 | 5. The amount refunded on purchases of business property |
| 1488 | under this paragraph shall be the lesser of 97 percent of the |
| 1489 | sales tax paid on such business property or $5,000, or, if no |
| 1490 | less than 20 percent of the employees of the business are |
| 1491 | residents of an enterprise zone, excluding temporary and part- |
| 1492 | time employees, the amount refunded on purchases of business |
| 1493 | property under this paragraph shall be the lesser of 97 percent |
| 1494 | of the sales tax paid on such business property or $10,000. A |
| 1495 | refund approved pursuant to this paragraph shall be made within |
| 1496 | 30 days after of formal approval by the department of the |
| 1497 | application for the refund. A No refund may not shall be granted |
| 1498 | under this paragraph unless the amount to be refunded exceeds |
| 1499 | $100 in sales tax paid on purchases made within a 60-day time |
| 1500 | period. |
| 1501 | 6. The department shall adopt rules governing the manner |
| 1502 | and form of refund applications and may establish guidelines as |
| 1503 | to the requisites for an affirmative showing of qualification |
| 1504 | for exemption under this paragraph. |
| 1505 | 7. If the department determines that the business property |
| 1506 | is used outside an enterprise zone within 3 years from the date |
| 1507 | of purchase, the amount of taxes refunded to the business |
| 1508 | purchasing such business property shall immediately be due and |
| 1509 | payable to the department by the business, together with the |
| 1510 | appropriate interest and penalty, computed from the date of |
| 1511 | purchase, in the manner provided by this chapter. |
| 1512 | Notwithstanding this subparagraph, business property used |
| 1513 | exclusively in: |
| 1514 | a. Licensed commercial fishing vessels, |
| 1515 | b. Fishing guide boats, or |
| 1516 | c. Ecotourism guide boats |
| 1517 |
|
| 1518 | that leave and return to a fixed location within an area |
| 1519 | designated under s. 379.2353, Florida Statutes 2010, are |
| 1520 | eligible for the exemption provided under this paragraph if all |
| 1521 | requirements of this paragraph are met. Such vessels and boats |
| 1522 | must be owned by a business that is eligible to receive the |
| 1523 | exemption provided under this paragraph. This exemption does not |
| 1524 | apply to the purchase of a vessel or boat. |
| 1525 | 8. The department shall deduct an amount equal to 10 |
| 1526 | percent of each refund granted under the provisions of this |
| 1527 | paragraph from the amount transferred into the Local Government |
| 1528 | Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20 |
| 1529 | for the county area in which the business property is located |
| 1530 | and shall transfer that amount to the General Revenue Fund. |
| 1531 | 9. For the purposes of this exemption, "business property" |
| 1532 | means new or used property defined as "recovery property" in s. |
| 1533 | 168(c) of the Internal Revenue Code of 1954, as amended, except: |
| 1534 | a. Property classified as 3-year property under s. |
| 1535 | 168(c)(2)(A) of the Internal Revenue Code of 1954, as amended; |
| 1536 | b. Industrial machinery and equipment as defined in sub- |
| 1537 | subparagraph (b)6.a. and eligible for exemption under paragraph |
| 1538 | (b); |
| 1539 | c. Building materials as defined in sub-subparagraph |
| 1540 | (g)8.a.; and |
| 1541 | d. Business property having a sales price of under $5,000 |
| 1542 | per unit. |
| 1543 | 10. This paragraph expires on the date specified in s. |
| 1544 | 290.016 for the expiration of the Florida Enterprise Zone Act. |
| 1545 | (j) Machinery and equipment used in semiconductor, |
| 1546 | defense, or space technology production.- |
| 1547 | 1.a. Industrial machinery and equipment used in |
| 1548 | semiconductor technology facilities certified under subparagraph |
| 1549 | 5. to manufacture, process, compound, or produce semiconductor |
| 1550 | technology products for sale or for use by these facilities are |
| 1551 | exempt from the tax imposed by this chapter. For purposes of |
| 1552 | this paragraph, industrial machinery and equipment includes |
| 1553 | molds, dies, machine tooling, other appurtenances or accessories |
| 1554 | to machinery and equipment, testing equipment, test beds, |
| 1555 | computers, and software, whether purchased or self-fabricated, |
| 1556 | and, if self-fabricated, includes materials and labor for |
| 1557 | design, fabrication, and assembly. |
| 1558 | b. Industrial machinery and equipment used in defense or |
| 1559 | space technology facilities certified under subparagraph 5. to |
| 1560 | design, manufacture, assemble, process, compound, or produce |
| 1561 | defense technology products or space technology products for |
| 1562 | sale or for use by these facilities are exempt from the tax |
| 1563 | imposed by this chapter. |
| 1564 | 2. Building materials purchased for use in manufacturing |
| 1565 | or expanding clean rooms in semiconductor-manufacturing |
| 1566 | facilities are exempt from the tax imposed by this chapter. |
| 1567 | 3. In addition to meeting the criteria mandated by |
| 1568 | subparagraph 1. or subparagraph 2., a business must be certified |
| 1569 | by the Governor, through the Department of Economic Opportunity, |
| 1570 | Office of Tourism, Trade, and Economic Development in order to |
| 1571 | qualify for exemption under this paragraph. |
| 1572 | 4. For items purchased tax-exempt pursuant to this |
| 1573 | paragraph, possession of a written certification from the |
| 1574 | purchaser, certifying the purchaser's entitlement to the |
| 1575 | exemption, relieves the seller of the responsibility of |
| 1576 | collecting the tax on the sale of such items, and the department |
| 1577 | shall look solely to the purchaser for recovery of the tax if it |
| 1578 | determines that the purchaser was not entitled to the exemption. |
| 1579 | 5.a. To be eligible to receive the exemption provided by |
| 1580 | subparagraph 1. or subparagraph 2., a qualifying business entity |
| 1581 | shall initially apply to Enterprise Florida, Inc. The original |
| 1582 | certification is valid for a period of 2 years. In lieu of |
| 1583 | submitting a new application, the original certification may be |
| 1584 | renewed biennially by submitting to the Department of Economic |
| 1585 | Opportunity Office of Tourism, Trade, and Economic Development a |
| 1586 | statement, certified under oath, that there has not been a no |
| 1587 | material change in the conditions or circumstances entitling the |
| 1588 | business entity to the original certification. The initial |
| 1589 | application and the certification renewal statement shall be |
| 1590 | developed by the Department of Economic Opportunity Office of |
| 1591 | Tourism, Trade, and Economic Development in consultation with |
| 1592 | Enterprise Florida, Inc. |
| 1593 | b. The Department of Economic Opportunity Enterprise |
| 1594 | Florida, Inc., shall review each submitted initial application |
| 1595 | and determine whether or not the application is complete within |
| 1596 | 5 working days. Once complete, the Department of Economic |
| 1597 | Opportunity Enterprise Florida, Inc., shall, within 10 working |
| 1598 | days, evaluate the application and recommend approval or |
| 1599 | disapproval to the Governor Office of Tourism, Trade, and |
| 1600 | Economic Development. |
| 1601 | c. Upon receipt of the initial application and |
| 1602 | recommendation from the Department of Economic Opportunity |
| 1603 | Enterprise Florida, Inc., or upon receipt of a certification |
| 1604 | renewal statement, the Governor, through the Department of |
| 1605 | Economic Opportunity, Office of Tourism, Trade, and Economic |
| 1606 | Development shall certify within 5 working days those applicants |
| 1607 | who are found to meet the requirements of this section and |
| 1608 | notify the applicant, Enterprise Florida, Inc., and the |
| 1609 | department of the original certification or certification |
| 1610 | renewal. If the Department of Economic Opportunity Office of |
| 1611 | Tourism, Trade, and Economic Development finds that the |
| 1612 | applicant does not meet the requirements, it shall notify the |
| 1613 | applicant and Enterprise Florida, Inc., within 10 working days |
| 1614 | that the application for certification has been denied and the |
| 1615 | reasons for denial. The Governor Office of Tourism, Trade, and |
| 1616 | Economic Development has final approval authority for |
| 1617 | certification under this section. |
| 1618 | d. The initial application and certification renewal |
| 1619 | statement must indicate, for program evaluation purposes only, |
| 1620 | the average number of full-time equivalent employees at the |
| 1621 | facility over the preceding calendar year, the average wage and |
| 1622 | benefits paid to those employees over the preceding calendar |
| 1623 | year, the total investment made in real and tangible personal |
| 1624 | property over the preceding calendar year, and the total value |
| 1625 | of tax-exempt purchases and taxes exempted during the previous |
| 1626 | year. The department shall assist the Department of Economic |
| 1627 | Opportunity Office of Tourism, Trade, and Economic Development |
| 1628 | in evaluating and verifying information provided in the |
| 1629 | application for exemption. |
| 1630 | e. The Department of Economic Opportunity Office of |
| 1631 | Tourism, Trade, and Economic Development may use the information |
| 1632 | reported on the initial application and certification renewal |
| 1633 | statement for evaluation purposes only. |
| 1634 | 6. A business certified to receive this exemption may |
| 1635 | elect to designate one or more state universities or community |
| 1636 | colleges as recipients of up to 100 percent of the amount of the |
| 1637 | exemption. To receive these funds, the institution must agree to |
| 1638 | match the funds with equivalent cash, programs, services, or |
| 1639 | other in-kind support on a one-to-one basis for research and |
| 1640 | development projects requested by the certified business. The |
| 1641 | rights to any patents, royalties, or real or intellectual |
| 1642 | property must be vested in the business unless otherwise agreed |
| 1643 | to by the business and the university or community college. |
| 1644 | 7. As used in this paragraph, the term: |
| 1645 | a. "Semiconductor technology products" means raw |
| 1646 | semiconductor wafers or semiconductor thin films that are |
| 1647 | transformed into semiconductor memory or logic wafers, including |
| 1648 | wafers containing mixed memory and logic circuits; related |
| 1649 | assembly and test operations; active-matrix flat panel displays; |
| 1650 | semiconductor chips; semiconductor lasers; optoelectronic |
| 1651 | elements; and related semiconductor technology products as |
| 1652 | determined by the Department of Economic Opportunity Office of |
| 1653 | Tourism, Trade, and Economic Development. |
| 1654 | b. "Clean rooms" means manufacturing facilities enclosed |
| 1655 | in a manner that meets the clean manufacturing requirements |
| 1656 | necessary for high-technology semiconductor-manufacturing |
| 1657 | environments. |
| 1658 | c. "Defense technology products" means products that have |
| 1659 | a military application, including, but not limited to, weapons, |
| 1660 | weapons systems, guidance systems, surveillance systems, |
| 1661 | communications or information systems, munitions, aircraft, |
| 1662 | vessels, or boats, or components thereof, which are intended for |
| 1663 | military use and manufactured in performance of a contract with |
| 1664 | the United States Department of Defense or the military branch |
| 1665 | of a recognized foreign government or a subcontract thereunder |
| 1666 | which relates to matters of national defense. |
| 1667 | d. "Space technology products" means products that are |
| 1668 | specifically designed or manufactured for application in space |
| 1669 | activities, including, but not limited to, space launch |
| 1670 | vehicles, space flight vehicles, missiles, satellites or |
| 1671 | research payloads, avionics, and associated control systems and |
| 1672 | processing systems and components of any of the foregoing. The |
| 1673 | term does not include products that are designed or manufactured |
| 1674 | for general commercial aviation or other uses even though those |
| 1675 | products may also serve an incidental use in space applications. |
| 1676 | (p) Community contribution tax credit for donations.- |
| 1677 | 1. Authorization.-Persons who are registered with the |
| 1678 | department under s. 212.18 to collect or remit sales or use tax |
| 1679 | and who make donations to eligible sponsors are eligible for tax |
| 1680 | credits against their state sales and use tax liabilities as |
| 1681 | provided in this paragraph: |
| 1682 | a. The credit shall be computed as 50 percent of the |
| 1683 | person's approved annual community contribution. |
| 1684 | b. The credit shall be granted as a refund against state |
| 1685 | sales and use taxes reported on returns and remitted in the 12 |
| 1686 | months preceding the date of application to the department for |
| 1687 | the credit as required in sub-subparagraph 3.c. If the annual |
| 1688 | credit is not fully used through such refund because of |
| 1689 | insufficient tax payments during the applicable 12-month period, |
| 1690 | the unused amount may be included in an application for a refund |
| 1691 | made pursuant to sub-subparagraph 3.c. in subsequent years |
| 1692 | against the total tax payments made for such year. Carryover |
| 1693 | credits may be applied for a 3-year period without regard to any |
| 1694 | time limitation that would otherwise apply under s. 215.26. |
| 1695 | c. A person may not receive more than $200,000 in annual |
| 1696 | tax credits for all approved community contributions made in any |
| 1697 | one year. |
| 1698 | d. All proposals for the granting of the tax credit |
| 1699 | require the prior approval of the Governor, through the |
| 1700 | Department of Economic Opportunity Office of Tourism, Trade, and |
| 1701 | Economic Development. |
| 1702 | e. The total amount of tax credits which may be granted |
| 1703 | for all programs approved under this paragraph, s. 220.183, and |
| 1704 | s. 624.5105 is $10.5 million annually for projects that provide |
| 1705 | homeownership opportunities for low-income or very-low-income |
| 1706 | households as defined in s. 420.9071(19) and (28) and $3.5 |
| 1707 | million annually for all other projects. |
| 1708 | f. A person who is eligible to receive the credit provided |
| 1709 | for in this paragraph, s. 220.183, or s. 624.5105 may receive |
| 1710 | the credit only under the one section of the person's choice. |
| 1711 | 2. Eligibility requirements.- |
| 1712 | a. A community contribution by a person must be in the |
| 1713 | following form: |
| 1714 | (I) Cash or other liquid assets; |
| 1715 | (II) Real property; |
| 1716 | (III) Goods or inventory; or |
| 1717 | (IV) Other physical resources as identified by the |
| 1718 | Department of Economic Opportunity Office of Tourism, Trade, and |
| 1719 | Economic Development. |
| 1720 | b. All community contributions must be reserved |
| 1721 | exclusively for use in a project. As used in this sub- |
| 1722 | subparagraph, the term "project" means any activity undertaken |
| 1723 | by an eligible sponsor which is designed to construct, improve, |
| 1724 | or substantially rehabilitate housing that is affordable to low- |
| 1725 | income or very-low-income households as defined in s. |
| 1726 | 420.9071(19) and (28); designed to provide commercial, |
| 1727 | industrial, or public resources and facilities; or designed to |
| 1728 | improve entrepreneurial and job-development opportunities for |
| 1729 | low-income persons. A project may be the investment necessary to |
| 1730 | increase access to high-speed broadband capability in rural |
| 1731 | communities with enterprise zones, including projects that |
| 1732 | result in improvements to communications assets that are owned |
| 1733 | by a business. A project may include the provision of museum |
| 1734 | educational programs and materials that are directly related to |
| 1735 | any project approved between January 1, 1996, and December 31, |
| 1736 | 1999, and located in an enterprise zone designated pursuant to |
| 1737 | s. 290.0065. This paragraph does not preclude projects that |
| 1738 | propose to construct or rehabilitate housing for low-income or |
| 1739 | very-low-income households on scattered sites. With respect to |
| 1740 | housing, contributions may be used to pay the following eligible |
| 1741 | low-income and very-low-income housing-related activities: |
| 1742 | (I) Project development impact and management fees for |
| 1743 | low-income or very-low-income housing projects; |
| 1744 | (II) Down payment and closing costs for eligible persons, |
| 1745 | as defined in s. 420.9071(19) and (28); |
| 1746 | (III) Administrative costs, including housing counseling |
| 1747 | and marketing fees, not to exceed 10 percent of the community |
| 1748 | contribution, directly related to low-income or very-low-income |
| 1749 | projects; and |
| 1750 | (IV) Removal of liens recorded against residential |
| 1751 | property by municipal, county, or special district local |
| 1752 | governments when satisfaction of the lien is a necessary |
| 1753 | precedent to the transfer of the property to an eligible person, |
| 1754 | as defined in s. 420.9071(19) and (28), for the purpose of |
| 1755 | promoting home ownership. Contributions for lien removal must be |
| 1756 | received from a nonrelated third party. |
| 1757 | c. The project must be undertaken by an "eligible |
| 1758 | sponsor," which includes: |
| 1759 | (I) A community action program; |
| 1760 | (II) A nonprofit community-based development organization |
| 1761 | whose mission is the provision of housing for low-income or |
| 1762 | very-low-income households or increasing entrepreneurial and |
| 1763 | job-development opportunities for low-income persons; |
| 1764 | (III) A neighborhood housing services corporation; |
| 1765 | (IV) A local housing authority created under chapter 421; |
| 1766 | (V) A community redevelopment agency created under s. |
| 1767 | 163.356; |
| 1768 | (VI) The Florida Industrial Development Corporation; |
| 1769 | (VII) A historic preservation district agency or |
| 1770 | organization; |
| 1771 | (VIII) A regional workforce board; |
| 1772 | (IX) A direct-support organization as provided in s. |
| 1773 | 1009.983; |
| 1774 | (X) An enterprise zone development agency created under s. |
| 1775 | 290.0056; |
| 1776 | (XI) A community-based organization incorporated under |
| 1777 | chapter 617 which is recognized as educational, charitable, or |
| 1778 | scientific pursuant to s. 501(c)(3) of the Internal Revenue Code |
| 1779 | and whose bylaws and articles of incorporation include |
| 1780 | affordable housing, economic development, or community |
| 1781 | development as the primary mission of the corporation; |
| 1782 | (XII) Units of local government; |
| 1783 | (XIII) Units of state government; or |
| 1784 | (XIV) Any other agency that the Department of Economic |
| 1785 | Opportunity Office of Tourism, Trade, and Economic Development |
| 1786 | designates by rule. |
| 1787 |
|
| 1788 | In no event may a contributing person have a financial interest |
| 1789 | in the eligible sponsor. |
| 1790 | d. The project must be located in an area designated an |
| 1791 | enterprise zone or a Front Porch Florida Community pursuant to |
| 1792 | s. 20.18(6), unless the project increases access to high-speed |
| 1793 | broadband capability for rural communities with enterprise zones |
| 1794 | but is physically located outside the designated rural zone |
| 1795 | boundaries. Any project designed to construct or rehabilitate |
| 1796 | housing for low-income or very-low-income households as defined |
| 1797 | in s. 420.9071(19) and (28) is exempt from the area requirement |
| 1798 | of this sub-subparagraph. |
| 1799 | e.(I) If, during the first 10 business days of the state |
| 1800 | fiscal year, eligible tax credit applications for projects that |
| 1801 | provide homeownership opportunities for low-income or very-low- |
| 1802 | income households as defined in s. 420.9071(19) and (28) are |
| 1803 | received for less than the annual tax credits available for |
| 1804 | those projects, the Governor, through the Department of Economic |
| 1805 | Opportunity, Office of Tourism, Trade, and Economic Development |
| 1806 | shall grant tax credits for those applications and shall grant |
| 1807 | remaining tax credits on a first-come, first-served basis for |
| 1808 | any subsequent eligible applications received before the end of |
| 1809 | the state fiscal year. If, during the first 10 business days of |
| 1810 | the state fiscal year, eligible tax credit applications for |
| 1811 | projects that provide homeownership opportunities for low-income |
| 1812 | or very-low-income households as defined in s. 420.9071(19) and |
| 1813 | (28) are received for more than the annual tax credits available |
| 1814 | for those projects, the Governor, through the Department of |
| 1815 | Economic Opportunity, office shall grant the tax credits for |
| 1816 | those applications as follows: |
| 1817 | (A) If tax credit applications submitted for approved |
| 1818 | projects of an eligible sponsor do not exceed $200,000 in total, |
| 1819 | the credits shall be granted in full if the tax credit |
| 1820 | applications are approved. |
| 1821 | (B) If tax credit applications submitted for approved |
| 1822 | projects of an eligible sponsor exceed $200,000 in total, the |
| 1823 | amount of tax credits granted pursuant to sub-sub-sub- |
| 1824 | subparagraph (A) shall be subtracted from the amount of |
| 1825 | available tax credits, and the remaining credits shall be |
| 1826 | granted to each approved tax credit application on a pro rata |
| 1827 | basis. |
| 1828 | (II) If, during the first 10 business days of the state |
| 1829 | fiscal year, eligible tax credit applications for projects other |
| 1830 | than those that provide homeownership opportunities for low- |
| 1831 | income or very-low-income households as defined in s. |
| 1832 | 420.9071(19) and (28) are received for less than the annual tax |
| 1833 | credits available for those projects, the Governor, through the |
| 1834 | Department of Economic Opportunity, office shall grant tax |
| 1835 | credits for those applications and shall grant remaining tax |
| 1836 | credits on a first-come, first-served basis for any subsequent |
| 1837 | eligible applications received before the end of the state |
| 1838 | fiscal year. If, during the first 10 business days of the state |
| 1839 | fiscal year, eligible tax credit applications for projects other |
| 1840 | than those that provide homeownership opportunities for low- |
| 1841 | income or very-low-income households as defined in s. |
| 1842 | 420.9071(19) and (28) are received for more than the annual tax |
| 1843 | credits available for those projects, the Department of Economic |
| 1844 | Opportunity office shall grant the tax credits for those |
| 1845 | applications on a pro rata basis. |
| 1846 | 3. Application requirements.- |
| 1847 | a. Any eligible sponsor seeking to participate in this |
| 1848 | program must submit a proposal to the Department of Economic |
| 1849 | Opportunity Office of Tourism, Trade, and Economic Development |
| 1850 | which sets forth the name of the sponsor, a description of the |
| 1851 | project, and the area in which the project is located, together |
| 1852 | with such supporting information as is prescribed by rule. The |
| 1853 | proposal must also contain a resolution from the local |
| 1854 | governmental unit in which the project is located certifying |
| 1855 | that the project is consistent with local plans and regulations. |
| 1856 | b. Any person seeking to participate in this program must |
| 1857 | submit an application for tax credit to the Department of |
| 1858 | Economic Opportunity office which sets forth the name of the |
| 1859 | sponsor, a description of the project, and the type, value, and |
| 1860 | purpose of the contribution. The sponsor shall verify the terms |
| 1861 | of the application and indicate its receipt of the contribution, |
| 1862 | which verification must be in writing and accompany the |
| 1863 | application for tax credit. The person must submit a separate |
| 1864 | tax credit application to the Department of Economic Opportunity |
| 1865 | office for each individual contribution that it makes to each |
| 1866 | individual project. |
| 1867 | c. Any person who has received notification from the |
| 1868 | Governor, through the Department of Economic Opportunity, office |
| 1869 | that a tax credit has been approved must apply to the department |
| 1870 | to receive the refund. Application must be made on the form |
| 1871 | prescribed for claiming refunds of sales and use taxes and be |
| 1872 | accompanied by a copy of the notification. A person may submit |
| 1873 | only one application for refund to the department within any 12- |
| 1874 | month period. |
| 1875 | 4. Administration.- |
| 1876 | a. The Department of Economic Opportunity Office of |
| 1877 | Tourism, Trade, and Economic Development may adopt rules |
| 1878 | pursuant to ss. 120.536(1) and 120.54 necessary to administer |
| 1879 | this paragraph, including rules for the approval or disapproval |
| 1880 | of proposals by a person. |
| 1881 | b. The decision of the Governor, through the Department of |
| 1882 | Economic Opportunity, office must be in writing, and, if |
| 1883 | approved, the notification shall state the maximum credit |
| 1884 | allowable to the person. Upon approval, the Department of |
| 1885 | Economic Opportunity office shall transmit a copy of the |
| 1886 | decision to the Department of Revenue. |
| 1887 | c. The Department of Economic Opportunity office shall |
| 1888 | periodically monitor all projects in a manner consistent with |
| 1889 | available resources to ensure that resources are used in |
| 1890 | accordance with this paragraph; however, each project must be |
| 1891 | reviewed at least once every 2 years. |
| 1892 | d. The Department of Economic Opportunity office shall, in |
| 1893 | consultation with the Department of Community Affairs and the |
| 1894 | statewide and regional housing and financial intermediaries, |
| 1895 | market the availability of the community contribution tax credit |
| 1896 | program to community-based organizations. |
| 1897 | 5. Expiration.-This paragraph expires June 30, 2015; |
| 1898 | however, any accrued credit carryover that is unused on that |
| 1899 | date may be used until the expiration of the 3-year carryover |
| 1900 | period for such credit. |
| 1901 | (15) ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE.- |
| 1902 | (b) To receive this exemption, a business must file an |
| 1903 | application, with the enterprise zone development agency having |
| 1904 | jurisdiction over the enterprise zone where the business is |
| 1905 | located, on a form provided by the department for the purposes |
| 1906 | of this subsection and s. 166.231(8). The application shall be |
| 1907 | made under oath and shall include: |
| 1908 | 1. The name and location of the business. |
| 1909 | 2. The identifying number assigned pursuant to s. 290.0065 |
| 1910 | to the enterprise zone in which the business is located. |
| 1911 | 3. The date on which electrical service is to be first |
| 1912 | initiated to the business. |
| 1913 | 4. The name and mailing address of the entity from which |
| 1914 | electrical energy is to be purchased. |
| 1915 | 5. The date of the application. |
| 1916 | 6. The name of the city in which the business is located. |
| 1917 | 7. If applicable, the name and address of each permanent |
| 1918 | employee of the business including, for each employee who is a |
| 1919 | resident of an enterprise zone, the identifying number assigned |
| 1920 | pursuant to s. 290.0065 to the enterprise zone in which the |
| 1921 | employee resides. |
| 1922 | 8. Whether the business is a small business as defined by |
| 1923 | s. 288.703(1). |
| 1924 | Section 24. Paragraph (b) of subsection (2) of section |
| 1925 | 212.096, Florida Statutes, is amended to read: |
| 1926 | 212.096 Sales, rental, storage, use tax; enterprise zone |
| 1927 | jobs credit against sales tax.- |
| 1928 | (2) |
| 1929 | (b) The credit shall be computed as 20 percent of the |
| 1930 | actual monthly wages paid in this state to each new employee |
| 1931 | hired when a new job has been created, unless the business is |
| 1932 | located within a rural enterprise zone pursuant to s. |
| 1933 | 290.004(6), in which case the credit shall be 30 percent of the |
| 1934 | actual monthly wages paid. If no less than 20 percent of the |
| 1935 | employees of the business are residents of an enterprise zone, |
| 1936 | excluding temporary and part-time employees, the credit shall be |
| 1937 | computed as 30 percent of the actual monthly wages paid in this |
| 1938 | state to each new employee hired when a new job has been |
| 1939 | created, unless the business is located within a rural |
| 1940 | enterprise zone, in which case the credit shall be 45 percent of |
| 1941 | the actual monthly wages paid. If the new employee hired when a |
| 1942 | new job is created is a participant in the welfare transition |
| 1943 | program, the following credit shall be a percent of the actual |
| 1944 | monthly wages paid: 40 percent for $4 above the hourly federal |
| 1945 | minimum wage rate; 41 percent for $5 above the hourly federal |
| 1946 | minimum wage rate; 42 percent for $6 above the hourly federal |
| 1947 | minimum wage rate; 43 percent for $7 above the hourly federal |
| 1948 | minimum wage rate; and 44 percent for $8 above the hourly |
| 1949 | federal minimum wage rate. For purposes of this paragraph, |
| 1950 | monthly wages shall be computed as one-twelfth of the expected |
| 1951 | annual wages paid to such employee. The amount paid as wages to |
| 1952 | a new employee is the compensation paid to such employee that is |
| 1953 | subject to unemployment tax. The credit shall be allowed for up |
| 1954 | to 24 consecutive months, beginning with the first tax return |
| 1955 | due pursuant to s. 212.11 after approval by the department. |
| 1956 | Section 25. Paragraphs (a) and (e) of subsection (1) and |
| 1957 | subsections (4), (6), (7), (10), (11), and (16) of section |
| 1958 | 212.097, Florida Statutes, are amended to read: |
| 1959 | 212.097 Urban High-Crime Area Job Tax Credit Program.- |
| 1960 | (1) As used in this section, the term: |
| 1961 | (a) "Eligible business" means any sole proprietorship, |
| 1962 | firm, partnership, or corporation that is located in a qualified |
| 1963 | county and is predominantly engaged in, or is headquarters for a |
| 1964 | business predominantly engaged in, activities usually provided |
| 1965 | for consideration by firms classified within the following |
| 1966 | standard industrial classifications: SIC 01-SIC 09 (agriculture, |
| 1967 | forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 52- |
| 1968 | SIC 57 and SIC 59 (retail); SIC 422 (public warehousing and |
| 1969 | storage); SIC 70 (hotels and other lodging places); SIC 7391 |
| 1970 | (research and development); SIC 781 (motion picture production |
| 1971 | and allied services); SIC 7992 (public golf courses); and SIC |
| 1972 | 7996 (amusement parks). A call center or similar customer |
| 1973 | service operation that services a multistate market or |
| 1974 | international market is also an eligible business. In addition, |
| 1975 | the Department of Economic Opportunity Office of Tourism, Trade, |
| 1976 | and Economic Development may, as part of its final budget |
| 1977 | request submitted pursuant to s. 216.023, recommend additions to |
| 1978 | or deletions from the list of standard industrial |
| 1979 | classifications used to determine an eligible business, and the |
| 1980 | Legislature may implement such recommendations. Excluded from |
| 1981 | eligible receipts are receipts from retail sales, except such |
| 1982 | receipts for SIC 52-SIC 57 and SIC 59 (retail) hotels and other |
| 1983 | lodging places classified in SIC 70, public golf courses in SIC |
| 1984 | 7992, and amusement parks in SIC 7996. For purposes of this |
| 1985 | paragraph, the term "predominantly" means that more than 50 |
| 1986 | percent of the business's gross receipts from all sources is |
| 1987 | generated by those activities usually provided for consideration |
| 1988 | by firms in the specified standard industrial classification. |
| 1989 | The determination of whether the business is located in a |
| 1990 | qualified high-crime area and the tier ranking of that area must |
| 1991 | be based on the date of application for the credit under this |
| 1992 | section. Commonly owned and controlled entities are to be |
| 1993 | considered a single business entity. |
| 1994 | (e) "Qualified high-crime area" means an area selected by |
| 1995 | the Department of Economic Opportunity Office of Tourism, Trade, |
| 1996 | and Economic Development in the following manner: every third |
| 1997 | year, the Department of Economic Opportunity Office shall rank |
| 1998 | and tier those areas nominated under subsection (7), according |
| 1999 | to the following prioritized criteria: |
| 2000 | 1. Highest arrest rates within the geographic area for |
| 2001 | violent crime and for such other crimes as drug sale, drug |
| 2002 | possession, prostitution, vandalism, and civil disturbances; |
| 2003 | 2. Highest reported crime volume and rate of specific |
| 2004 | property crimes such as business and residential burglary, motor |
| 2005 | vehicle theft, and vandalism; |
| 2006 | 3. Highest percentage of reported index crimes that are |
| 2007 | violent in nature; |
| 2008 | 4. Highest overall index crime volume for the area; and |
| 2009 | 5. Highest overall index crime rate for the geographic |
| 2010 | area. |
| 2011 |
|
| 2012 | Tier-one areas are ranked 1 through 5 and represent the highest |
| 2013 | crime areas according to this ranking. Tier-two areas are ranked |
| 2014 | 6 through 10 according to this ranking. Tier-three areas are |
| 2015 | ranked 11 through 15. Notwithstanding this definition, |
| 2016 | "qualified high-crime area" also means an area that has been |
| 2017 | designated as a federal Empowerment Zone pursuant to the |
| 2018 | Taxpayer Relief Act of 1997. Such a designated area is ranked in |
| 2019 | tier three until the areas are reevaluated by the Department of |
| 2020 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 2021 | Development. |
| 2022 | (4) For any new eligible business receiving a credit |
| 2023 | pursuant to subsection (2), an additional $500 credit shall be |
| 2024 | provided for any qualified employee who is a welfare transition |
| 2025 | program participant. For any existing eligible business |
| 2026 | receiving a credit pursuant to subsection (3), an additional |
| 2027 | $500 credit shall be provided for any qualified employee who is |
| 2028 | a welfare transition program participant. Such employee must be |
| 2029 | employed on the application date and have been employed less |
| 2030 | than 1 year. This credit shall be in addition to other credits |
| 2031 | pursuant to this section regardless of the tier-level of the |
| 2032 | high-crime area. Appropriate documentation concerning the |
| 2033 | eligibility of an employee for this credit must be submitted as |
| 2034 | determined by the Department of Revenue. |
| 2035 | (6) Any county or municipality, or a county and one or |
| 2036 | more municipalities together, may apply to the Department of |
| 2037 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 2038 | Development for the designation of an area as a high-crime area |
| 2039 | after the adoption by the governing body or bodies of a |
| 2040 | resolution that: |
| 2041 | (a) Finds that a high-crime area exists in such county or |
| 2042 | municipality, or in both the county and one or more |
| 2043 | municipalities, which chronically exhibits extreme and |
| 2044 | unacceptable levels of poverty, unemployment, physical |
| 2045 | deterioration, and economic disinvestment; |
| 2046 | (b) Determines that the rehabilitation, conservation, or |
| 2047 | redevelopment, or a combination thereof, of such a high-crime |
| 2048 | area is necessary in the interest of the health, safety, and |
| 2049 | welfare of the residents of such county or municipality, or such |
| 2050 | county and one or more municipalities; and |
| 2051 | (c) Determines that the revitalization of such a high- |
| 2052 | crime area can occur if the public sector or private sector can |
| 2053 | be induced to invest its own resources in productive enterprises |
| 2054 | that build or rebuild the economic viability of the area. |
| 2055 | (7) The governing body of the entity nominating the area |
| 2056 | shall provide to the Department of Economic Opportunity Office |
| 2057 | of Tourism, Trade, and Economic Development the following: |
| 2058 | (a) The overall index crime rate for the geographic area; |
| 2059 | (b) The overall index crime volume for the area; |
| 2060 | (c) The percentage of reported index crimes that are |
| 2061 | violent in nature; |
| 2062 | (d) The reported crime volume and rate of specific |
| 2063 | property crimes such as business and residential burglary, motor |
| 2064 | vehicle theft, and vandalism; and |
| 2065 | (e) The arrest rates within the geographic area for |
| 2066 | violent crime and for such other crimes as drug sale, drug |
| 2067 | possession, prostitution, disorderly conduct, vandalism, and |
| 2068 | other public-order offenses. |
| 2069 | (10)(a) In order to claim this credit, an eligible |
| 2070 | business must file under oath with the Department of Economic |
| 2071 | Opportunity Office of Tourism, Trade, and Economic Development a |
| 2072 | statement that includes the name and address of the eligible |
| 2073 | business and any other information that is required to process |
| 2074 | the application. |
| 2075 | (b) Applications shall be reviewed and certified pursuant |
| 2076 | to s. 288.061. |
| 2077 | (c) The maximum credit amount that may be approved during |
| 2078 | any calendar year is $5 million, of which $1 million shall be |
| 2079 | exclusively reserved for tier-one areas. The Department of |
| 2080 | Revenue, in conjunction with the Department of Economic |
| 2081 | Opportunity Office of Tourism, Trade, and Economic Development, |
| 2082 | shall notify the governing bodies in areas designated as urban |
| 2083 | high-crime areas when the $5 million maximum amount has been |
| 2084 | reached. Applications must be considered for approval in the |
| 2085 | order in which they are received without regard to whether the |
| 2086 | credit is for a new or existing business. This limitation |
| 2087 | applies to the value of the credit as contained in approved |
| 2088 | applications. Approved credits may be taken in the time and |
| 2089 | manner allowed pursuant to this section. |
| 2090 | (11) If the application is insufficient to support the |
| 2091 | credit authorized in this section, the Department of Economic |
| 2092 | Opportunity Office of Tourism, Trade, and Economic Development |
| 2093 | shall deny the credit and notify the business of that fact. The |
| 2094 | business may reapply for this credit within 3 months after such |
| 2095 | notification. |
| 2096 | (16) The Department of Revenue shall adopt rules governing |
| 2097 | the manner and form of applications for credit and may establish |
| 2098 | guidelines concerning the requisites for an affirmative showing |
| 2099 | of qualification for the credit under this section. |
| 2100 | Section 26. Paragraphs (a) and (c) of subsection (1) and |
| 2101 | subsections (6) and (7) of section 212.098, Florida Statutes, |
| 2102 | are amended to read: |
| 2103 | 212.098 Rural Job Tax Credit Program.- |
| 2104 | (1) As used in this section, the term: |
| 2105 | (a) "Eligible business" means any sole proprietorship, |
| 2106 | firm, partnership, or corporation that is located in a qualified |
| 2107 | county and is predominantly engaged in, or is headquarters for a |
| 2108 | business predominantly engaged in, activities usually provided |
| 2109 | for consideration by firms classified within the following |
| 2110 | standard industrial classifications: SIC 01-SIC 09 (agriculture, |
| 2111 | forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 422 |
| 2112 | (public warehousing and storage); SIC 70 (hotels and other |
| 2113 | lodging places); SIC 7391 (research and development); SIC 781 |
| 2114 | (motion picture production and allied services); SIC 7992 |
| 2115 | (public golf courses); SIC 7996 (amusement parks); and a |
| 2116 | targeted industry eligible for the qualified target industry |
| 2117 | business tax refund under s. 288.106. A call center or similar |
| 2118 | customer service operation that services a multistate market or |
| 2119 | an international market is also an eligible business. In |
| 2120 | addition, the Department of Economic Opportunity Office of |
| 2121 | Tourism, Trade, and Economic Development may, as part of its |
| 2122 | final budget request submitted pursuant to s. 216.023, recommend |
| 2123 | additions to or deletions from the list of standard industrial |
| 2124 | classifications used to determine an eligible business, and the |
| 2125 | Legislature may implement such recommendations. Excluded from |
| 2126 | eligible receipts are receipts from retail sales, except such |
| 2127 | receipts for hotels and other lodging places classified in SIC |
| 2128 | 70, public golf courses in SIC 7992, and amusement parks in SIC |
| 2129 | 7996. For purposes of this paragraph, the term "predominantly" |
| 2130 | means that more than 50 percent of the business's gross receipts |
| 2131 | from all sources is generated by those activities usually |
| 2132 | provided for consideration by firms in the specified standard |
| 2133 | industrial classification. The determination of whether the |
| 2134 | business is located in a qualified county and the tier ranking |
| 2135 | of that county must be based on the date of application for the |
| 2136 | credit under this section. Commonly owned and controlled |
| 2137 | entities are to be considered a single business entity. |
| 2138 | (c) "Qualified area" means any area that is contained |
| 2139 | within a rural area of critical economic concern designated |
| 2140 | under s. 288.0656, a county that has a population of fewer than |
| 2141 | 75,000 persons, or a county that has a population of 125,000 or |
| 2142 | less and is contiguous to a county that has a population of less |
| 2143 | than 75,000, selected in the following manner: every third year, |
| 2144 | the Department of Economic Opportunity Office of Tourism, Trade, |
| 2145 | and Economic Development shall rank and tier the state's |
| 2146 | counties according to the following four factors: |
| 2147 | 1. Highest unemployment rate for the most recent 36-month |
| 2148 | period. |
| 2149 | 2. Lowest per capita income for the most recent 36-month |
| 2150 | period. |
| 2151 | 3. Highest percentage of residents whose incomes are below |
| 2152 | the poverty level, based upon the most recent data available. |
| 2153 | 4. Average weekly manufacturing wage, based upon the most |
| 2154 | recent data available. |
| 2155 | (6)(a) In order to claim this credit, an eligible business |
| 2156 | must file under oath with the Department of Economic Opportunity |
| 2157 | Office of Tourism, Trade, and Economic Development a statement |
| 2158 | that includes the name and address of the eligible business, the |
| 2159 | starting salary or hourly wages paid to the new employee, and |
| 2160 | any other information that the Department of Revenue requires. |
| 2161 | (b) Pursuant to the incentive review process under s. |
| 2162 | 288.061, the Department of Economic Opportunity Within 30 |
| 2163 | working days after receipt of an application for credit, the |
| 2164 | Office of Tourism, Trade, and Economic Development shall review |
| 2165 | the application to determine whether it contains all the |
| 2166 | information required by this subsection and meets the criteria |
| 2167 | set out in this section. Subject to the provisions of paragraph |
| 2168 | (c), the Governor, through the Department of Economic |
| 2169 | Opportunity, Office of Tourism, Trade, and Economic Development |
| 2170 | shall approve all applications that contain the information |
| 2171 | required by this subsection and meet the criteria set out in |
| 2172 | this section as eligible to receive a credit. |
| 2173 | (c) The maximum credit amount that may be approved during |
| 2174 | any calendar year is $5 million. The Department of Revenue, in |
| 2175 | conjunction with the Department of Economic Opportunity Office |
| 2176 | of Tourism, Trade, and Economic Development, shall notify the |
| 2177 | governing bodies in areas designated as qualified counties when |
| 2178 | the $5 million maximum amount has been reached. Applications |
| 2179 | must be considered for approval in the order in which they are |
| 2180 | received without regard to whether the credit is for a new or |
| 2181 | existing business. This limitation applies to the value of the |
| 2182 | credit as contained in approved applications. Approved credits |
| 2183 | may be taken in the time and manner allowed pursuant to this |
| 2184 | section. |
| 2185 | (d) A business may not receive more than $500,000 of tax |
| 2186 | credits under this section during any one calendar year. |
| 2187 | (7) If the application is insufficient to support the |
| 2188 | credit authorized in this section, the Governor, through the |
| 2189 | Department of Economic Opportunity, Office of Tourism, Trade, |
| 2190 | and Economic Development shall deny the credit and notify the |
| 2191 | business of that fact. The business may reapply for this credit |
| 2192 | within 3 months after such notification. |
| 2193 | Section 27. Paragraph (d) of subsection (6) of section |
| 2194 | 212.20, Florida Statutes, is amended to read: |
| 2195 | 212.20 Funds collected, disposition; additional powers of |
| 2196 | department; operational expense; refund of taxes adjudicated |
| 2197 | unconstitutionally collected.- |
| 2198 | (6) Distribution of all proceeds under this chapter and s. |
| 2199 | 202.18(1)(b) and (2)(b) shall be as follows: |
| 2200 | (d) The proceeds of all other taxes and fees imposed |
| 2201 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
| 2202 | and (2)(b) shall be distributed as follows: |
| 2203 | 1. In any fiscal year, the greater of $500 million, minus |
| 2204 | an amount equal to 4.6 percent of the proceeds of the taxes |
| 2205 | collected pursuant to chapter 201, or 5.2 percent of all other |
| 2206 | taxes and fees imposed pursuant to this chapter or remitted |
| 2207 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
| 2208 | monthly installments into the General Revenue Fund. |
| 2209 | 2. After the distribution under subparagraph 1., 8.814 |
| 2210 | percent of the amount remitted by a sales tax dealer located |
| 2211 | within a participating county pursuant to s. 218.61 shall be |
| 2212 | transferred into the Local Government Half-cent Sales Tax |
| 2213 | Clearing Trust Fund. Beginning July 1, 2003, the amount to be |
| 2214 | transferred shall be reduced by 0.1 percent, and the department |
| 2215 | shall distribute this amount to the Public Employees Relations |
| 2216 | Commission Trust Fund less $5,000 each month, which shall be |
| 2217 | added to the amount calculated in subparagraph 3. and |
| 2218 | distributed accordingly. |
| 2219 | 3. After the distribution under subparagraphs 1. and 2., |
| 2220 | 0.095 percent shall be transferred to the Local Government Half- |
| 2221 | cent Sales Tax Clearing Trust Fund and distributed pursuant to |
| 2222 | s. 218.65. |
| 2223 | 4. After the distributions under subparagraphs 1., 2., and |
| 2224 | 3., 2.0440 percent of the available proceeds shall be |
| 2225 | transferred monthly to the Revenue Sharing Trust Fund for |
| 2226 | Counties pursuant to s. 218.215. |
| 2227 | 5. After the distributions under subparagraphs 1., 2., and |
| 2228 | 3., 1.3409 percent of the available proceeds shall be |
| 2229 | transferred monthly to the Revenue Sharing Trust Fund for |
| 2230 | Municipalities pursuant to s. 218.215. If the total revenue to |
| 2231 | be distributed pursuant to this subparagraph is at least as |
| 2232 | great as the amount due from the Revenue Sharing Trust Fund for |
| 2233 | Municipalities and the former Municipal Financial Assistance |
| 2234 | Trust Fund in state fiscal year 1999-2000, no municipality shall |
| 2235 | receive less than the amount due from the Revenue Sharing Trust |
| 2236 | Fund for Municipalities and the former Municipal Financial |
| 2237 | Assistance Trust Fund in state fiscal year 1999-2000. If the |
| 2238 | total proceeds to be distributed are less than the amount |
| 2239 | received in combination from the Revenue Sharing Trust Fund for |
| 2240 | Municipalities and the former Municipal Financial Assistance |
| 2241 | Trust Fund in state fiscal year 1999-2000, each municipality |
| 2242 | shall receive an amount proportionate to the amount it was due |
| 2243 | in state fiscal year 1999-2000. |
| 2244 | 6. Of the remaining proceeds: |
| 2245 | a. In each fiscal year, the sum of $29,915,500 shall be |
| 2246 | divided into as many equal parts as there are counties in the |
| 2247 | state, and one part shall be distributed to each county. The |
| 2248 | distribution among the several counties must begin each fiscal |
| 2249 | year on or before January 5th and continue monthly for a total |
| 2250 | of 4 months. If a local or special law required that any moneys |
| 2251 | accruing to a county in fiscal year 1999-2000 under the then- |
| 2252 | existing provisions of s. 550.135 be paid directly to the |
| 2253 | district school board, special district, or a municipal |
| 2254 | government, such payment must continue until the local or |
| 2255 | special law is amended or repealed. The state covenants with |
| 2256 | holders of bonds or other instruments of indebtedness issued by |
| 2257 | local governments, special districts, or district school boards |
| 2258 | before July 1, 2000, that it is not the intent of this |
| 2259 | subparagraph to adversely affect the rights of those holders or |
| 2260 | relieve local governments, special districts, or district school |
| 2261 | boards of the duty to meet their obligations as a result of |
| 2262 | previous pledges or assignments or trusts entered into which |
| 2263 | obligated funds received from the distribution to county |
| 2264 | governments under then-existing s. 550.135. This distribution |
| 2265 | specifically is in lieu of funds distributed under s. 550.135 |
| 2266 | before July 1, 2000. |
| 2267 | b. The department shall distribute $166,667 monthly |
| 2268 | pursuant to s. 288.1162 to each applicant certified as a |
| 2269 | facility for a new or retained professional sports franchise |
| 2270 | pursuant to s. 288.1162. Up to $41,667 shall be distributed |
| 2271 | monthly by the department to each certified applicant as defined |
| 2272 | in s. 288.11621 for a facility for a spring training franchise. |
| 2273 | However, not more than $416,670 may be distributed monthly in |
| 2274 | the aggregate to all certified applicants for facilities for |
| 2275 | spring training franchises. Distributions begin 60 days after |
| 2276 | such certification and continue for not more than 30 years, |
| 2277 | except as otherwise provided in s. 288.11621. A certified |
| 2278 | applicant identified in this sub-subparagraph may not receive |
| 2279 | more in distributions than expended by the applicant for the |
| 2280 | public purposes provided for in s. 288.1162(5) or s. |
| 2281 | 288.11621(3). |
| 2282 | c. Beginning 30 days after notice by the Department of |
| 2283 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 2284 | Development to the Department of Revenue that an applicant has |
| 2285 | been certified as the professional golf hall of fame pursuant to |
| 2286 | s. 288.1168 and is open to the public, $166,667 shall be |
| 2287 | distributed monthly, for up to 300 months, to the applicant. |
| 2288 | d. Beginning 30 days after notice by the Department of |
| 2289 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 2290 | Development to the Department of Revenue that the applicant has |
| 2291 | been certified as the International Game Fish Association World |
| 2292 | Center facility pursuant to s. 288.1169, and the facility is |
| 2293 | open to the public, $83,333 shall be distributed monthly, for up |
| 2294 | to 168 months, to the applicant. This distribution is subject to |
| 2295 | reduction pursuant to s. 288.1169. A lump sum payment of |
| 2296 | $999,996 shall be made, after certification and before July 1, |
| 2297 | 2000. |
| 2298 | 7. All other proceeds must remain in the General Revenue |
| 2299 | Fund. |
| 2300 | Section 28. Paragraphs (k) and (bb) of subsection (8) and |
| 2301 | subsection (19) of section 213.053, Florida Statutes, are |
| 2302 | amended to read: |
| 2303 | 213.053 Confidentiality and information sharing.- |
| 2304 | (8) Notwithstanding any other provision of this section, |
| 2305 | the department may provide: |
| 2306 | (k)1. Payment information relative to chapters 199, 201, |
| 2307 | 202, 212, 220, 221, and 624 to the Department of Economic |
| 2308 | Opportunity Office of Tourism, Trade, and Economic Development, |
| 2309 | or its employees or agents that are identified in writing by the |
| 2310 | Department of Economic Opportunity office to the department, in |
| 2311 | the administration of the tax refund program for qualified |
| 2312 | defense contractors and space flight business contractors |
| 2313 | authorized by s. 288.1045 and the tax refund program for |
| 2314 | qualified target industry businesses authorized by s. 288.106. |
| 2315 | 2. Information relative to tax credits taken by a business |
| 2316 | under s. 220.191 and exemptions or tax refunds received by a |
| 2317 | business under s. 212.08(5)(j) to the Department of Economic |
| 2318 | Opportunity Office of Tourism, Trade, and Economic Development, |
| 2319 | or its employees or agents that are identified in writing by the |
| 2320 | Department of Economic Opportunity office to the department, in |
| 2321 | the administration and evaluation of the capital investment tax |
| 2322 | credit program authorized in s. 220.191 and the semiconductor, |
| 2323 | defense, and space tax exemption program authorized in s. |
| 2324 | 212.08(5)(j). |
| 2325 | 3. Information relative to tax credits taken by a taxpayer |
| 2326 | pursuant to the tax credit programs created in ss. 193.017; |
| 2327 | 212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097; |
| 2328 | 212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185; |
| 2329 | 220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99; |
| 2330 | 290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352; |
| 2331 | 550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to |
| 2332 | the Department of Economic Opportunity Office of Tourism, Trade, |
| 2333 | and Economic Development, or its employees or agents that are |
| 2334 | identified in writing by the Department of Economic Opportunity |
| 2335 | office to the department, for use in the administration or |
| 2336 | evaluation of such programs. |
| 2337 | (bb) Information relative to tax credits taken under s. |
| 2338 | 288.1254 to the Office of Film and Entertainment and the |
| 2339 | Department of Economic Opportunity Office of Tourism, Trade, and |
| 2340 | Economic Development. |
| 2341 |
|
| 2342 | Disclosure of information under this subsection shall be |
| 2343 | pursuant to a written agreement between the executive director |
| 2344 | and the agency. Such agencies, governmental or nongovernmental, |
| 2345 | shall be bound by the same requirements of confidentiality as |
| 2346 | the Department of Revenue. Breach of confidentiality is a |
| 2347 | misdemeanor of the first degree, punishable as provided by s. |
| 2348 | 775.082 or s. 775.083. |
| 2349 | (19) The department may disclose information relative to |
| 2350 | tax credits taken by a taxpayer pursuant to s. 288.9916 to the |
| 2351 | Department of Economic Opportunity Office of Tourism, Trade, and |
| 2352 | Economic Development or its employees or agents. Such employees |
| 2353 | must be identified in writing by the Department of Economic |
| 2354 | Opportunity office to the department. All information disclosed |
| 2355 | under this subsection is subject to the same requirements of |
| 2356 | confidentiality and the same penalties for violation of the |
| 2357 | requirements as the department. |
| 2358 | Section 29. Paragraph (a) of subsection (3) of section |
| 2359 | 218.64, Florida Statutes, is amended to read: |
| 2360 | 218.64 Local government half-cent sales tax; uses; |
| 2361 | limitations.- |
| 2362 | (3) Subject to ordinances enacted by the majority of the |
| 2363 | members of the county governing authority and by the majority of |
| 2364 | the members of the governing authorities of municipalities |
| 2365 | representing at least 50 percent of the municipal population of |
| 2366 | such county, counties may use up to $2 million annually of the |
| 2367 | local government half-cent sales tax allocated to that county |
| 2368 | for funding for any of the following applicants: |
| 2369 | (a) A certified applicant as a facility for a new or |
| 2370 | retained professional sports franchise under s. 288.1162 or a |
| 2371 | certified applicant as defined in s. 288.11621 for a facility |
| 2372 | for a spring training franchise. It is the Legislature's intent |
| 2373 | that the provisions of s. 288.1162, including, but not limited |
| 2374 | to, the evaluation process by the Department of Economic |
| 2375 | Opportunity Office of Tourism, Trade, and Economic Development |
| 2376 | except for the limitation on the number of certified applicants |
| 2377 | or facilities as provided in that section and the restrictions |
| 2378 | set forth in s. 288.1162(8), shall apply to an applicant's |
| 2379 | facility to be funded by local government as provided in this |
| 2380 | subsection. |
| 2381 | Section 30. Paragraph (a) of subsection (1) and paragraph |
| 2382 | (g) of subsection (2) of section 220.181, Florida Statutes, are |
| 2383 | amended to read: |
| 2384 | 220.181 Enterprise zone jobs credit.- |
| 2385 | (1)(a) There shall be allowed a credit against the tax |
| 2386 | imposed by this chapter to any business located in an enterprise |
| 2387 | zone which demonstrates to the department that, on the date of |
| 2388 | application, the total number of full-time jobs is greater than |
| 2389 | the total was 12 months before prior to that date. The credit |
| 2390 | shall be computed as 20 percent of the actual monthly wages paid |
| 2391 | in this state to each new employee hired when a new job has been |
| 2392 | created, as defined under s. 220.03(1)(ee), unless the business |
| 2393 | is located in a rural enterprise zone, pursuant to s. |
| 2394 | 290.004(6), in which case the credit shall be 30 percent of the |
| 2395 | actual monthly wages paid. If no less than 20 percent of the |
| 2396 | employees of the business are residents of an enterprise zone, |
| 2397 | excluding temporary and part-time employees, the credit shall be |
| 2398 | computed as 30 percent of the actual monthly wages paid in this |
| 2399 | state to each new employee hired when a new job has been |
| 2400 | created, unless the business is located in a rural enterprise |
| 2401 | zone, in which case the credit shall be 45 percent of the actual |
| 2402 | monthly wages paid, for a period of up to 24 consecutive months. |
| 2403 | If the new employee hired when a new job is created is a |
| 2404 | participant in the welfare transition program, the following |
| 2405 | credit shall be a percent of the actual monthly wages paid: 40 |
| 2406 | percent for $4 above the hourly federal minimum wage rate; 41 |
| 2407 | percent for $5 above the hourly federal minimum wage rate; 42 |
| 2408 | percent for $6 above the hourly federal minimum wage rate; 43 |
| 2409 | percent for $7 above the hourly federal minimum wage rate; and |
| 2410 | 44 percent for $8 above the hourly federal minimum wage rate. |
| 2411 | (2) When filing for an enterprise zone jobs credit, a |
| 2412 | business must file under oath with the governing body or |
| 2413 | enterprise zone development agency having jurisdiction over the |
| 2414 | enterprise zone where the business is located, as applicable, a |
| 2415 | statement which includes: |
| 2416 | (g) Whether the business is a small business as defined by |
| 2417 | s. 288.703(1). |
| 2418 | Section 31. Subsection (13) of section 220.182, Florida |
| 2419 | Statutes, is amended to read: |
| 2420 | 220.182 Enterprise zone property tax credit.- |
| 2421 | (13) When filing for an enterprise zone property tax |
| 2422 | credit, a business shall indicate whether the business is a |
| 2423 | small business as defined by s. 288.703(1). |
| 2424 | Section 32. Paragraph (d) of subsection (1), paragraphs |
| 2425 | (b), (c), and (d) of subsection (2), and subsections (3) and (4) |
| 2426 | of section 220.183, Florida Statutes, are amended to read: |
| 2427 | 220.183 Community contribution tax credit.- |
| 2428 | (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX |
| 2429 | CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM |
| 2430 | SPENDING.- |
| 2431 | (d) All proposals for the granting of the tax credit shall |
| 2432 | require the prior approval of the Governor, through the |
| 2433 | Department of Economic Opportunity, Office of Tourism, Trade, |
| 2434 | and Economic Development. |
| 2435 | (2) ELIGIBILITY REQUIREMENTS.- |
| 2436 | (b)1. All community contributions must be reserved |
| 2437 | exclusively for use in projects as defined in s. 220.03(1)(t). |
| 2438 | 2. If, during the first 10 business days of the state |
| 2439 | fiscal year, eligible tax credit applications for projects that |
| 2440 | provide homeownership opportunities for low-income or very-low- |
| 2441 | income households as defined in s. 420.9071(19) and (28) are |
| 2442 | received for less than the annual tax credits available for |
| 2443 | those projects, the Governor, through the Department of Economic |
| 2444 | Opportunity, Office of Tourism, Trade, and Economic Development |
| 2445 | shall grant tax credits for those applications and shall grant |
| 2446 | remaining tax credits on a first-come, first-served basis for |
| 2447 | any subsequent eligible applications received before the end of |
| 2448 | the state fiscal year. If, during the first 10 business days of |
| 2449 | the state fiscal year, eligible tax credit applications for |
| 2450 | projects that provide homeownership opportunities for low-income |
| 2451 | or very-low-income households as defined in s. 420.9071(19) and |
| 2452 | (28) are received for more than the annual tax credits available |
| 2453 | for those projects, the Governor, through the Department of |
| 2454 | Economic Opportunity, office shall grant the tax credits for |
| 2455 | those applications as follows: |
| 2456 | a. If tax credit applications submitted for approved |
| 2457 | projects of an eligible sponsor do not exceed $200,000 in total, |
| 2458 | the credit shall be granted in full if the tax credit |
| 2459 | applications are approved. |
| 2460 | b. If tax credit applications submitted for approved |
| 2461 | projects of an eligible sponsor exceed $200,000 in total, the |
| 2462 | amount of tax credits granted under sub-subparagraph a. shall be |
| 2463 | subtracted from the amount of available tax credits, and the |
| 2464 | remaining credits shall be granted to each approved tax credit |
| 2465 | application on a pro rata basis. |
| 2466 | 3. If, during the first 10 business days of the state |
| 2467 | fiscal year, eligible tax credit applications for projects other |
| 2468 | than those that provide homeownership opportunities for low- |
| 2469 | income or very-low-income households as defined in s. |
| 2470 | 420.9071(19) and (28) are received for less than the annual tax |
| 2471 | credits available for those projects, the Governor, through the |
| 2472 | Department of Economic Opportunity, office shall grant tax |
| 2473 | credits for those applications and shall grant remaining tax |
| 2474 | credits on a first-come, first-served basis for any subsequent |
| 2475 | eligible applications received before the end of the state |
| 2476 | fiscal year. If, during the first 10 business days of the state |
| 2477 | fiscal year, eligible tax credit applications for projects other |
| 2478 | than those that provide homeownership opportunities for low- |
| 2479 | income or very-low-income households as defined in s. |
| 2480 | 420.9071(19) and (28) are received for more than the annual tax |
| 2481 | credits available for those projects, the Governor, through the |
| 2482 | Department of Economic Opportunity, office shall grant the tax |
| 2483 | credits for those applications on a pro rata basis. |
| 2484 | (c) The project must be undertaken by an "eligible |
| 2485 | sponsor," defined here as: |
| 2486 | 1. A community action program; |
| 2487 | 2. A nonprofit community-based development organization |
| 2488 | whose mission is the provision of housing for low-income or |
| 2489 | very-low-income households or increasing entrepreneurial and |
| 2490 | job-development opportunities for low-income persons; |
| 2491 | 3. A neighborhood housing services corporation; |
| 2492 | 4. A local housing authority, created pursuant to chapter |
| 2493 | 421; |
| 2494 | 5. A community redevelopment agency, created pursuant to |
| 2495 | s. 163.356; |
| 2496 | 6. The Florida Industrial Development Corporation; |
| 2497 | 7. An historic preservation district agency or |
| 2498 | organization; |
| 2499 | 8. A regional workforce board; |
| 2500 | 9. A direct-support organization as provided in s. |
| 2501 | 1009.983; |
| 2502 | 10. An enterprise zone development agency created pursuant |
| 2503 | to s. 290.0056; |
| 2504 | 11. A community-based organization incorporated under |
| 2505 | chapter 617 which is recognized as educational, charitable, or |
| 2506 | scientific pursuant to s. 501(c)(3) of the Internal Revenue Code |
| 2507 | and whose bylaws and articles of incorporation include |
| 2508 | affordable housing, economic development, or community |
| 2509 | development as the primary mission of the corporation; |
| 2510 | 12. Units of local government; |
| 2511 | 13. Units of state government; or |
| 2512 | 14. Such other agency as the Department of Economic |
| 2513 | Opportunity Office of Tourism, Trade, and Economic Development |
| 2514 | may, from time to time, designate by rule. |
| 2515 |
|
| 2516 | In no event shall a contributing business firm have a financial |
| 2517 | interest in the eligible sponsor. |
| 2518 | (d) The project shall be located in an area designated as |
| 2519 | an enterprise zone or a Front Porch Florida Community pursuant |
| 2520 | to s. 20.18(6). Any project designed to construct or |
| 2521 | rehabilitate housing for low-income or very-low-income |
| 2522 | households as defined in s. 420.9071(19) and (28) is exempt from |
| 2523 | the area requirement of this paragraph. This section does not |
| 2524 | preclude projects that propose to construct or rehabilitate |
| 2525 | housing for low-income or very-low-income households on |
| 2526 | scattered sites. Any project designed to provide increased |
| 2527 | access to high-speed broadband capabilities which includes |
| 2528 | coverage of a rural enterprise zone may locate the project's |
| 2529 | infrastructure in any area of a rural county. |
| 2530 | (3) APPLICATION REQUIREMENTS.- |
| 2531 | (a) Any eligible sponsor wishing to participate in this |
| 2532 | program must submit a proposal to the Department of Economic |
| 2533 | Opportunity Office of Tourism, Trade, and Economic Development |
| 2534 | which sets forth the sponsor, the project, the area in which the |
| 2535 | project is located, and such supporting information as may be |
| 2536 | prescribed by rule. The proposal shall also contain a resolution |
| 2537 | from the local governmental unit in which it is located |
| 2538 | certifying that the project is consistent with local plans and |
| 2539 | regulations. |
| 2540 | (b) Any business wishing to participate in this program |
| 2541 | must submit an application for tax credit to the Department of |
| 2542 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 2543 | Development, which application sets forth the sponsor; the |
| 2544 | project; and the type, value, and purpose of the contribution. |
| 2545 | The sponsor shall verify the terms of the application and |
| 2546 | indicate its receipt of the contribution, which verification |
| 2547 | must be in writing and accompany the application for tax credit. |
| 2548 | (c) The business firm must submit a separate application |
| 2549 | for tax credit for each individual contribution that it makes to |
| 2550 | each individual project. |
| 2551 | (4) ADMINISTRATION.- |
| 2552 | (a) The Department of Economic Opportunity Office of |
| 2553 | Tourism, Trade, and Economic Development has authority to adopt |
| 2554 | rules pursuant to ss. 120.536(1) and 120.54 to implement the |
| 2555 | provisions of this section, including rules for the approval or |
| 2556 | disapproval of proposals by business firms. |
| 2557 | (b) The decision of the Governor, through the Department |
| 2558 | of Economic Opportunity, Office of Tourism, Trade, and Economic |
| 2559 | Development shall be in writing, and, if approved, the |
| 2560 | notification must state the maximum credit allowable to the |
| 2561 | business firm. A copy of the decision shall be transmitted to |
| 2562 | the executive director of the Department of Revenue, who shall |
| 2563 | apply such credit to the tax liability of the business firm. |
| 2564 | (c) The Department of Economic Opportunity Office of |
| 2565 | Tourism, Trade, and Economic Development shall periodically |
| 2566 | monitor all projects in a manner consistent with available |
| 2567 | resources to ensure that resources are utilized in accordance |
| 2568 | with this section; however, each project shall be reviewed no |
| 2569 | less often than once every 2 years. |
| 2570 | (d) The Department of Revenue has authority to adopt rules |
| 2571 | pursuant to ss. 120.536(1) and 120.54 to implement the |
| 2572 | provisions of this section. |
| 2573 | (e) The Department of Economic Opportunity Office of |
| 2574 | Tourism, Trade, and Economic Development shall, in consultation |
| 2575 | with the Department of Community Affairs, the Florida Housing |
| 2576 | Finance Corporation, and the statewide and regional housing and |
| 2577 | financial intermediaries, market the availability of the |
| 2578 | community contribution tax credit program to community-based |
| 2579 | organizations. |
| 2580 | Section 33. Section 220.1895, Florida Statutes, is amended |
| 2581 | to read: |
| 2582 | 220.1895 Rural Job Tax Credit and Urban High-Crime Area |
| 2583 | Job Tax Credit.-There shall be allowed a credit against the tax |
| 2584 | imposed by this chapter amounts approved by the Governor, |
| 2585 | through the Department of Economic Opportunity, Office of |
| 2586 | Tourism, Trade, and Economic Development pursuant to the Rural |
| 2587 | Job Tax Credit Program in s. 212.098 and the Urban High-Crime |
| 2588 | Area Job Tax Credit Program in s. 212.097. A corporation that |
| 2589 | uses its credit against the tax imposed by this chapter may not |
| 2590 | take the credit against the tax imposed by chapter 212. If any |
| 2591 | credit granted under this section is not fully used in the first |
| 2592 | year for which it becomes available, the unused amount may be |
| 2593 | carried forward for a period not to exceed 5 years. The |
| 2594 | carryover may be used in a subsequent year when the tax imposed |
| 2595 | by this chapter for such year exceeds the credit for such year |
| 2596 | under this section after applying the other credits and unused |
| 2597 | credit carryovers in the order provided in s. 220.02(8). |
| 2598 | Section 34. Section 220.1896, Florida Statutes, is amended |
| 2599 | to read: |
| 2600 | 220.1896 Jobs for the Unemployed Tax Credit Program.- |
| 2601 | (1) As used in this section, the term: |
| 2602 | (a) "Eligible business" means any target industry business |
| 2603 | as defined in s. 288.106(2) which is subject to the tax imposed |
| 2604 | by this chapter. The eligible business does not have to be |
| 2605 | certified to receive the Qualified Target Industry Tax Refund |
| 2606 | Incentive under s. 288.106 in order to receive the tax credit |
| 2607 | available under this section. |
| 2608 | (b) "Office" means the Office of Tourism, Trade, and |
| 2609 | Economic Development. |
| 2610 | (b)(c) "Qualified employee" means a person: |
| 2611 | 1. Who was unemployed at least 30 days immediately before |
| 2612 | prior to being hired by an eligible business. |
| 2613 | 2. Who was hired by an eligible business on or after July |
| 2614 | 1, 2010, and had not previously been employed by the eligible |
| 2615 | business or its parent or an affiliated corporation. |
| 2616 | 3. Who performed duties connected to the operations of the |
| 2617 | eligible business on a regular, full-time basis for an average |
| 2618 | of at least 36 hours per week and for at least 12 months before |
| 2619 | an eligible business is awarded a tax credit. |
| 2620 | 4. Whose employment by the eligible business has not |
| 2621 | formed the basis for any other claim to a credit pursuant to |
| 2622 | this section. |
| 2623 | (2) A certified business shall receive a $1,000 tax credit |
| 2624 | for each qualified employee, pursuant to limitation in |
| 2625 | subsection (5). |
| 2626 | (3)(a) In order to become a certified business, an |
| 2627 | eligible business must file under oath with the Department of |
| 2628 | Economic Opportunity office an application that includes: |
| 2629 | 1. The name, address and NAICS identifying code of the |
| 2630 | eligible business. |
| 2631 | 2. Relevant employment information. |
| 2632 | 3. A sworn affidavit, signed by each employee, attesting |
| 2633 | to his or her previous unemployment for whom the eligible |
| 2634 | business is seeking credits under this section. |
| 2635 | 4. Verification that the wages paid by the eligible |
| 2636 | business to each of its qualified employees exceeds the wage |
| 2637 | eligibility levels for Medicaid and other public assistance |
| 2638 | programs. |
| 2639 | 5. Any other information necessary to process the |
| 2640 | application. |
| 2641 | (b) The Department of Economic Opportunity office shall |
| 2642 | process applications to certify a business in the order in which |
| 2643 | the applications are received, without regard as to whether the |
| 2644 | applicant is a new or an existing business. The Governor, |
| 2645 | through the Department of Economic Opportunity, office shall |
| 2646 | review and approve or deny an application within 10 days after |
| 2647 | receiving a completed application. The Department of Economic |
| 2648 | Opportunity office shall notify the applicant in writing as to |
| 2649 | the Governor's office's decision. |
| 2650 | (c)1. The Department of Economic Opportunity office shall |
| 2651 | submit a copy of the letter of certification to the Department |
| 2652 | of Revenue within 10 days after the Department of Economic |
| 2653 | Opportunity office issues the letter of certification to the |
| 2654 | applicant. |
| 2655 | 2. If the application of an eligible business is not |
| 2656 | sufficient to certify the applicant business, the Governor, |
| 2657 | through the Department of Economic Opportunity, office must deny |
| 2658 | the application and issue a notice of denial to the applicant. |
| 2659 | 3. If the application of an eligible business does not |
| 2660 | contain sufficient documentation of the number of qualified |
| 2661 | employees, the Governor, through the Department of Economic |
| 2662 | Opportunity, office shall approve the application with respect |
| 2663 | to the employees for whom the Department of Economic Opportunity |
| 2664 | office determines are qualified employees. The Governor, through |
| 2665 | the Department of Economic Opportunity, office must deny the |
| 2666 | application with respect to persons for whom the Department of |
| 2667 | Economic Opportunity office determines are not qualified |
| 2668 | employees or for whom insufficient documentation has been |
| 2669 | provided. A business may not submit a revised application for |
| 2670 | certification or for the determination of a person as a |
| 2671 | qualified employee more than 3 months after the issuance of a |
| 2672 | notice of denial with respect to the business or a particular |
| 2673 | person as a qualified employee. |
| 2674 | (4) The applicant for a tax credit under this section has |
| 2675 | the responsibility to affirmatively demonstrate to the |
| 2676 | satisfaction of the Department of Economic Opportunity office |
| 2677 | and the Department of Revenue that the applicant and the persons |
| 2678 | claimed as qualified employees meet the requirements of this |
| 2679 | section. |
| 2680 | (5) The total amount of tax credits under this section |
| 2681 | which may be approved by the Department of Economic Opportunity |
| 2682 | office for all applicants is $10 million, with $5 million |
| 2683 | available to be awarded in the 2011-2012 fiscal year and $5 |
| 2684 | million available to be awarded in the 2012-2013 fiscal year. |
| 2685 | (6) A tax credit amount that is granted under this section |
| 2686 | which is not fully used in the first year for which it becomes |
| 2687 | available may be carried forward to the subsequent taxable year. |
| 2688 | The carryover credit may be used in the subsequent year if the |
| 2689 | tax imposed by this chapter for such year exceeds the credit for |
| 2690 | such year under this section after applying the other credits |
| 2691 | and unused credit carryovers in the order provided in s. |
| 2692 | 220.02(8). |
| 2693 | (7) A person who fraudulently claims a credit under this |
| 2694 | section is liable for repayment of the credit plus a mandatory |
| 2695 | penalty of 100 percent of the credit. Such person also commits a |
| 2696 | misdemeanor of the second degree, punishable as provided in s. |
| 2697 | 775.082 or s. 775.083. |
| 2698 | (8) The Department of Economic Opportunity office may |
| 2699 | adopt rules governing the manner and form of applications for |
| 2700 | the tax credit. The Department of Economic Opportunity office |
| 2701 | may establish guidelines for making an affirmative showing of |
| 2702 | qualification for the tax credit under this section. |
| 2703 | (9) The Department of Revenue may adopt rules to |
| 2704 | administer this section, including rules relating to the |
| 2705 | creation of forms to claim a tax credit and examination and |
| 2706 | audit procedures required to administer this section. |
| 2707 | (10) This section expires June 30, 2012. However, a |
| 2708 | taxpayer that is awarded a tax credit in the second year of the |
| 2709 | program may carry forward any unused credit amount to the |
| 2710 | subsequent tax reporting period. Rules adopted by the Department |
| 2711 | of Revenue to administer this section shall remain valid as long |
| 2712 | as a taxpayer may use a credit against its corporate income tax |
| 2713 | liability. |
| 2714 | Section 35. Subsection (1) of section 220.1899, Florida |
| 2715 | Statutes, is amended to read: |
| 2716 | 220.1899 Entertainment industry tax credit.- |
| 2717 | (1) There shall be a credit allowed against the tax |
| 2718 | imposed by this chapter in the amounts awarded by the Department |
| 2719 | of Economic Opportunity Office of Tourism, Trade, and Economic |
| 2720 | Development under the entertainment industry financial incentive |
| 2721 | program in s. 288.1254. |
| 2722 | Section 36. Paragraphs (e), (f), (g), and (h) of |
| 2723 | subsection (1), paragraph (a) of subsection (3), and subsections |
| 2724 | (5) and (6) of section 220.191, Florida Statutes, are amended to |
| 2725 | read: |
| 2726 | 220.191 Capital investment tax credit.- |
| 2727 | (1) DEFINITIONS.-For purposes of this section: |
| 2728 | (e) "Jobs" means full-time equivalent positions, as that |
| 2729 | term is consistent with terms used by the Department of Economic |
| 2730 | Opportunity Agency for Workforce Innovation and the United |
| 2731 | States Department of Labor for purposes of unemployment tax |
| 2732 | administration and employment estimation, resulting directly |
| 2733 | from a project in this state. The term does not include |
| 2734 | temporary construction jobs involved in the construction of the |
| 2735 | project facility. |
| 2736 | (f) "Office" means the Office of Tourism, Trade, and |
| 2737 | Economic Development. |
| 2738 | (f)(g) "Qualifying business" means a business which |
| 2739 | establishes a qualifying project in this state and which is |
| 2740 | certified by the Governor, through the Department of Economic |
| 2741 | Opportunity, office to receive tax credits pursuant to this |
| 2742 | section. |
| 2743 | (g)(h) "Qualifying project" means: |
| 2744 | 1. A new or expanding facility in this state which creates |
| 2745 | at least 100 new jobs in this state and is in one of the high- |
| 2746 | impact sectors identified by Enterprise Florida, Inc., and |
| 2747 | certified by the Department of Economic Opportunity office |
| 2748 | pursuant to s. 288.108(6), including, but not limited to, |
| 2749 | aviation, aerospace, automotive, and silicon technology |
| 2750 | industries; |
| 2751 | 2. A new or expanded facility in this state which is |
| 2752 | engaged in a target industry designated pursuant to the |
| 2753 | procedure specified in s. 288.106(2) s. 288.106(2)(t) and which |
| 2754 | is induced by this credit to create or retain at least 1,000 |
| 2755 | jobs in this state, provided that at least 100 of those jobs are |
| 2756 | new, pay an annual average wage of at least 130 percent of the |
| 2757 | average private sector wage in the area as defined in s. |
| 2758 | 288.106(2), and make a cumulative capital investment of at least |
| 2759 | $100 million after July 1, 2005. Jobs may be considered retained |
| 2760 | only if there is significant evidence that the loss of jobs is |
| 2761 | imminent. Notwithstanding subsection (2), annual credits against |
| 2762 | the tax imposed by this chapter may shall not exceed 50 percent |
| 2763 | of the increased annual corporate income tax liability or the |
| 2764 | premium tax liability generated by or arising out of a project |
| 2765 | qualifying under this subparagraph. A facility that qualifies |
| 2766 | under this subparagraph for an annual credit against the tax |
| 2767 | imposed by this chapter may take the tax credit for a period not |
| 2768 | to exceed 5 years; or |
| 2769 | 3. A new or expanded headquarters facility in this state |
| 2770 | which locates in an enterprise zone and brownfield area and is |
| 2771 | induced by this credit to create at least 1,500 jobs which on |
| 2772 | average pay at least 200 percent of the statewide average annual |
| 2773 | private sector wage, as published by the Department of Economic |
| 2774 | Opportunity Agency for Workforce Innovation or its successor, |
| 2775 | and which new or expanded headquarters facility makes a |
| 2776 | cumulative capital investment in this state of at least $250 |
| 2777 | million. |
| 2778 | (3)(a) Notwithstanding subsection (2), an annual credit |
| 2779 | against the tax imposed by this chapter shall be granted to a |
| 2780 | qualifying business which establishes a qualifying project |
| 2781 | pursuant to subparagraph (1)(g)(h)3., in an amount equal to the |
| 2782 | lesser of $15 million or 5 percent of the eligible capital costs |
| 2783 | made in connection with a qualifying project, for a period not |
| 2784 | to exceed 20 years beginning with the commencement of operations |
| 2785 | of the project. The tax credit shall be granted against the |
| 2786 | corporate income tax liability of the qualifying business and as |
| 2787 | further provided in paragraph (c). The total tax credit provided |
| 2788 | pursuant to this subsection shall be equal to no more than 100 |
| 2789 | percent of the eligible capital costs of the qualifying project. |
| 2790 | (5) Applications shall be reviewed and certified pursuant |
| 2791 | to s. 288.061. The Governor, through the Department of Economic |
| 2792 | Opportunity office, upon a recommendation by Enterprise Florida, |
| 2793 | Inc., shall first certify a business as eligible to receive tax |
| 2794 | credits pursuant to this section before prior to the |
| 2795 | commencement of operations of a qualifying project, and such |
| 2796 | certification shall be transmitted to the Department of Revenue. |
| 2797 | Upon receipt of the certification, the Department of Revenue |
| 2798 | shall enter into a written agreement with the qualifying |
| 2799 | business specifying, at a minimum, the method by which income |
| 2800 | generated by or arising out of the qualifying project will be |
| 2801 | determined. |
| 2802 | (6) The Department of Economic Opportunity may office, in |
| 2803 | consultation with Enterprise Florida, Inc., is authorized to |
| 2804 | develop the necessary guidelines and application materials for |
| 2805 | the certification process described in subsection (5). |
| 2806 | Section 37. Paragraph (b) of subsection (4) of section |
| 2807 | 267.0625, Florida Statutes, is amended to read: |
| 2808 | 267.0625 Abrogation of offensive and derogatory geographic |
| 2809 | place names.- |
| 2810 | (4) The division shall: |
| 2811 | (b) Notify the Department of Transportation, the |
| 2812 | Department of Economic Opportunity Office of Tourism, Trade, and |
| 2813 | Economic Development, the Department of Management Services, and |
| 2814 | any other entity that compiles information for or develops maps |
| 2815 | or markers for the state of the name change so that it may be |
| 2816 | reflected on subsequent editions of any maps, informational |
| 2817 | literature, or markers produced by those entities. |
| 2818 | Section 38. Section 272.11, Florida Statutes, is amended |
| 2819 | to read: |
| 2820 | 272.11 Capitol information center.-The Division of Tourism |
| 2821 | Marketing of Enterprise Florida, Inc., Florida Commission on |
| 2822 | Tourism shall establish, maintain, and operate a Capitol |
| 2823 | information center somewhere within the area of the Capitol |
| 2824 | Center and employ personnel or enter into contracts to maintain |
| 2825 | same. |
| 2826 | Section 39. Paragraph (a) of subsection (4) of section |
| 2827 | 282.34, Florida Statutes, is amended to read: |
| 2828 | 282.34 Statewide e-mail service.-A state e-mail system |
| 2829 | that includes the delivery and support of e-mail, messaging, and |
| 2830 | calendaring capabilities is established as an enterprise |
| 2831 | information technology service as defined in s. 282.0041. The |
| 2832 | service shall be designed to meet the needs of all executive |
| 2833 | branch agencies. The primary goals of the service are to |
| 2834 | minimize the state investment required to establish, operate, |
| 2835 | and support the statewide service; reduce the cost of current e- |
| 2836 | mail operations and the number of duplicative e-mail systems; |
| 2837 | and eliminate the need for each state agency to maintain its own |
| 2838 | e-mail staff. |
| 2839 | (4) All agencies must be completely migrated to the |
| 2840 | statewide e-mail service as soon as financially and |
| 2841 | operationally feasible, but no later than June 30, 2015. |
| 2842 | (a) The following statewide e-mail service implementation |
| 2843 | schedule is established for state agencies: |
| 2844 | 1. Phase 1.-The following agencies must be completely |
| 2845 | migrated to the statewide e-mail system by June 30, 2012: the |
| 2846 | Agency for Enterprise Information Technology; the Department of |
| 2847 | Community Affairs, including the Division of Emergency |
| 2848 | Management; the Department of Corrections; the Department of |
| 2849 | Health; the Department of Highway Safety and Motor Vehicles; the |
| 2850 | Department of Management Services, including the Division of |
| 2851 | Administrative Hearings, the Division of Retirement, the |
| 2852 | Commission on Human Relations, and the Public Employees |
| 2853 | Relations Commission; the Southwood Shared Resource Center; and |
| 2854 | the Department of Revenue. |
| 2855 | 2. Phase 2.-The following agencies must be completely |
| 2856 | migrated to the statewide e-mail system by June 30, 2013: the |
| 2857 | Department of Business and Professional Regulation; the |
| 2858 | Department of Education, including the Board of Governors; the |
| 2859 | Department of Environmental Protection; the Department of |
| 2860 | Juvenile Justice; the Department of the Lottery; the Department |
| 2861 | of State; the Department of Law Enforcement; the Department of |
| 2862 | Veterans' Affairs; the Judicial Administration Commission; the |
| 2863 | Public Service Commission; and the Statewide Guardian Ad Litem |
| 2864 | Office. |
| 2865 | 3. Phase 3.-The following agencies must be completely |
| 2866 | migrated to the statewide e-mail system by June 30, 2014: the |
| 2867 | Agency for Health Care Administration; the Agency for Workforce |
| 2868 | Innovation; the Department of Financial Services, including the |
| 2869 | Office of Financial Regulation and the Office of Insurance |
| 2870 | Regulation; the Department of Agriculture and Consumer Services; |
| 2871 | the Executive Office of the Governor, including the Division of |
| 2872 | Emergency Management; the Department of Transportation; the Fish |
| 2873 | and Wildlife Conservation Commission; the Agency for Persons |
| 2874 | With Disabilities; the Northwood Shared Resource Center; and the |
| 2875 | State Board of Administration. |
| 2876 | 4. Phase 4.-The following agencies must be completely |
| 2877 | migrated to the statewide e-mail system by June 30, 2015: the |
| 2878 | Department of Children and Family Services; the Department of |
| 2879 | Citrus; the Department of Economic Opportunity; the Department |
| 2880 | of Elderly Affairs; and the Department of Legal Affairs. |
| 2881 | Section 40. Subsection (2) of section 287.0931, Florida |
| 2882 | Statutes, is amended to read: |
| 2883 | 287.0931 Minority business enterprises; participation in |
| 2884 | bond underwriting.- |
| 2885 | (2) To meet such participation requirement, the minority |
| 2886 | firm must have full-time employees located in this state, must |
| 2887 | have a permanent place of business located in this state, and |
| 2888 | must be a firm which is at least 51-percent-owned by minority |
| 2889 | persons as defined in s. 288.703(3). However, for the purpose of |
| 2890 | bond underwriting only, the requirement that the minority person |
| 2891 | be a permanent resident of this state does shall not apply. |
| 2892 | Section 41. Paragraph (e) of subsection (2) of section |
| 2893 | 287.0943, Florida Statutes, is amended to read: |
| 2894 | 287.0943 Certification of minority business enterprises.- |
| 2895 | (2) |
| 2896 | (e) In assessing the status of ownership and control, |
| 2897 | certification criteria shall, at a minimum: |
| 2898 | 1. Link ownership by a minority person, as defined in s. |
| 2899 | 288.703(3), or as dictated by the legal obligations of a |
| 2900 | certifying organization, to day-to-day control and financial |
| 2901 | risk by the qualifying minority owner, and to demonstrated |
| 2902 | expertise or licensure of a minority owner in any trade or |
| 2903 | profession that the minority business enterprise will offer to |
| 2904 | the state when certified. Businesses must comply with all state |
| 2905 | licensing requirements before prior to becoming certified as a |
| 2906 | minority business enterprise. |
| 2907 | 2. If present ownership was obtained by transfer, require |
| 2908 | the minority person on whom eligibility is based to have owned |
| 2909 | at least 51 percent of the applicant firm for a minimum of 2 |
| 2910 | years, when any previous majority ownership interest in the firm |
| 2911 | was by a nonminority who is or was a relative, former employer, |
| 2912 | or current employer of the minority person on whom eligibility |
| 2913 | is based. This requirement does shall not apply to minority |
| 2914 | persons who are otherwise eligible who take a 51-percent-or- |
| 2915 | greater interest in a firm that requires professional licensure |
| 2916 | to operate and who will be the qualifying licenseholder for the |
| 2917 | firm when certified. A transfer made within a related immediate |
| 2918 | family group from a nonminority person to a minority person in |
| 2919 | order to establish ownership by a minority person shall be |
| 2920 | deemed to have been made solely for purposes of satisfying |
| 2921 | certification criteria and shall render such ownership invalid |
| 2922 | for purposes of qualifying for such certification if the |
| 2923 | combined total net asset value of all members of such family |
| 2924 | group exceeds $1 million. For purposes of this subparagraph, the |
| 2925 | term "related immediate family group" means one or more children |
| 2926 | under 16 years of age and a parent of such children or the |
| 2927 | spouse of such parent residing in the same house or living unit. |
| 2928 | 3. Require that prospective certified minority business |
| 2929 | enterprises be currently performing or seeking to perform a |
| 2930 | useful business function. A "useful business function" is |
| 2931 | defined as a business function which results in the provision of |
| 2932 | materials, supplies, equipment, or services to customers. Acting |
| 2933 | as a conduit to transfer funds to a nonminority business does |
| 2934 | not constitute a useful business function unless it is done so |
| 2935 | in a normal industry practice. As used in this section, the term |
| 2936 | "acting as a conduit" means, in part, not acting as a regular |
| 2937 | dealer by making sales of material, goods, or supplies from |
| 2938 | items bought, kept in stock, and regularly sold to the public in |
| 2939 | the usual course of business. Brokers, manufacturer's |
| 2940 | representatives, sales representatives, and nonstocking |
| 2941 | distributors are considered as conduits that do not perform a |
| 2942 | useful business function, unless normal industry practice |
| 2943 | dictates. |
| 2944 | Section 42. Paragraph (n) of subsection (4) of section |
| 2945 | 287.09451, Florida Statutes, is amended to read: |
| 2946 | 287.09451 Office of Supplier Diversity; powers, duties, |
| 2947 | and functions.- |
| 2948 | (4) The Office of Supplier Diversity shall have the |
| 2949 | following powers, duties, and functions: |
| 2950 | (n)1. To develop procedures to be used by an agency in |
| 2951 | identifying commodities, contractual services, architectural and |
| 2952 | engineering services, and construction contracts, except those |
| 2953 | architectural, engineering, construction, or other related |
| 2954 | services or contracts subject to the provisions of chapter 339, |
| 2955 | that could be provided by minority business enterprises. Each |
| 2956 | agency is encouraged to spend 21 percent of the moneys actually |
| 2957 | expended for construction contracts, 25 percent of the moneys |
| 2958 | actually expended for architectural and engineering contracts, |
| 2959 | 24 percent of the moneys actually expended for commodities, and |
| 2960 | 50.5 percent of the moneys actually expended for contractual |
| 2961 | services during the previous fiscal year, except for the state |
| 2962 | university construction program which shall be based upon public |
| 2963 | education capital outlay projections for the subsequent fiscal |
| 2964 | year, and reported to the Legislature pursuant to s. 216.023, |
| 2965 | for the purpose of entering into contracts with certified |
| 2966 | minority business enterprises as defined in s. 288.703(2), or |
| 2967 | approved joint ventures. However, in the event of budget |
| 2968 | reductions pursuant to s. 216.221, the base amounts may be |
| 2969 | adjusted to reflect such reductions. The overall spending goal |
| 2970 | for each industry category shall be subdivided as follows: |
| 2971 | a. For construction contracts: 4 percent for black |
| 2972 | Americans, 6 percent for Hispanic-Americans, and 11 percent for |
| 2973 | American women. |
| 2974 | b. For architectural and engineering contracts: 9 percent |
| 2975 | for Hispanic-Americans, 1 percent for Asian-Americans, and 15 |
| 2976 | percent for American women. |
| 2977 | c. For commodities: 2 percent for black Americans, 4 |
| 2978 | percent for Hispanic-Americans, 0.5 percent for Asian-Americans, |
| 2979 | 0.5 percent for Native Americans, and 17 percent for American |
| 2980 | women. |
| 2981 | d. For contractual services: 6 percent for black |
| 2982 | Americans, 7 percent for Hispanic-Americans, 1 percent for |
| 2983 | Asian-Americans, 0.5 percent for Native Americans, and 36 |
| 2984 | percent for American women. |
| 2985 | 2. For the purposes of commodities contracts for the |
| 2986 | purchase of equipment to be used in the construction and |
| 2987 | maintenance of state transportation facilities involving the |
| 2988 | Department of Transportation, the terms "minority business |
| 2989 | enterprise" and has the same meaning as provided in s. 288.703. |
| 2990 | "minority person" have has the same meanings meaning as provided |
| 2991 | in s. 288.703(3). In order to ensure that the goals established |
| 2992 | under this paragraph for contracting with certified minority |
| 2993 | business enterprises are met, the department, with the |
| 2994 | assistance of the Office of Supplier Diversity, shall make |
| 2995 | recommendations to the Legislature on revisions to the goals, |
| 2996 | based on an updated statistical analysis, at least once every 5 |
| 2997 | years. Such recommendations shall be based on statistical data |
| 2998 | indicating the availability of and disparity in the use of |
| 2999 | minority businesses contracting with the state. The results of |
| 3000 | the first updated disparity study must be presented to the |
| 3001 | Legislature no later than December 1, 1996. |
| 3002 | 3. In determining the base amounts for assessing |
| 3003 | compliance with this paragraph, the Office of Supplier Diversity |
| 3004 | may develop, by rule, guidelines for all agencies to use in |
| 3005 | establishing such base amounts. These rules must include, but |
| 3006 | are not limited to, guidelines for calculation of base amounts, |
| 3007 | a deadline for the agencies to submit base amounts, a deadline |
| 3008 | for approval of the base amounts by the Office of Supplier |
| 3009 | Diversity, and procedures for adjusting the base amounts as a |
| 3010 | result of budget reductions made pursuant to s. 216.221. |
| 3011 | 4. To determine guidelines for the use of price |
| 3012 | preferences, weighted preference formulas, or other preferences, |
| 3013 | as appropriate to the particular industry or trade, to increase |
| 3014 | the participation of minority businesses in state contracting. |
| 3015 | These guidelines shall include consideration of: |
| 3016 | a. Size and complexity of the project. |
| 3017 | b. The concentration of transactions with minority |
| 3018 | business enterprises for the commodity or contractual services |
| 3019 | in question in prior agency contracting. |
| 3020 | c. The specificity and definition of work allocated to |
| 3021 | participating minority business enterprises. |
| 3022 | d. The capacity of participating minority business |
| 3023 | enterprises to complete the tasks identified in the project. |
| 3024 | e. The available pool of minority business enterprises as |
| 3025 | prime contractors, either alone or as partners in an approved |
| 3026 | joint venture that serves as the prime contractor. |
| 3027 | 5. To determine guidelines for use of joint ventures to |
| 3028 | meet minority business enterprises spending goals. For purposes |
| 3029 | of this section, "joint venture" means any association of two or |
| 3030 | more business concerns to carry out a single business enterprise |
| 3031 | for profit, for which purpose they combine their property, |
| 3032 | capital, efforts, skills, and knowledge. The guidelines shall |
| 3033 | allow transactions with joint ventures to be eligible for credit |
| 3034 | against the minority business enterprise goals of an agency when |
| 3035 | the contracting joint venture demonstrates that at least one |
| 3036 | partner to the joint venture is a certified minority business |
| 3037 | enterprise as defined in s. 288.703, and that such partner is |
| 3038 | responsible for a clearly defined portion of the work to be |
| 3039 | performed, and shares in the ownership, control, management, |
| 3040 | responsibilities, risks, and profits of the joint venture. Such |
| 3041 | demonstration shall be by verifiable documents and sworn |
| 3042 | statements and may be reviewed by the Office of Supplier |
| 3043 | Diversity at or before the time a contract bid, proposal, or |
| 3044 | reply is submitted. An agency may count toward its minority |
| 3045 | business enterprise goals a portion of the total dollar amount |
| 3046 | of a contract equal to the percentage of the ownership and |
| 3047 | control held by the qualifying certified minority business |
| 3048 | partners in the contracting joint venture, so long as the joint |
| 3049 | venture meets the guidelines adopted by the office. |
| 3050 | Section 43. Subsections (1) and (5) of section 287.0947, |
| 3051 | Florida Statutes, are amended to read: |
| 3052 | 287.0947 Florida Advisory Council on Small and Minority |
| 3053 | Business Development; creation; membership; duties.- |
| 3054 | (1) On or after October 1, 1996, The Secretary of |
| 3055 | Management Services the Department of Labor and Employment |
| 3056 | Security may create the Florida Advisory Council on Small and |
| 3057 | Minority Business Development with the purpose of advising and |
| 3058 | assisting the secretary in carrying out the secretary's duties |
| 3059 | with respect to minority businesses and economic and business |
| 3060 | development. It is the intent of the Legislature that the |
| 3061 | membership of such council include practitioners, laypersons, |
| 3062 | financiers, and others with business development experience who |
| 3063 | can provide invaluable insight and expertise for this state in |
| 3064 | the diversification of its markets and networking of business |
| 3065 | opportunities. The council shall initially consist of 19 |
| 3066 | persons, each of whom is or has been actively engaged in small |
| 3067 | and minority business development, either in private industry, |
| 3068 | in governmental service, or as a scholar of recognized |
| 3069 | achievement in the study of such matters. Initially, the council |
| 3070 | shall consist of members representing all regions of the state |
| 3071 | and shall include at least one member from each group identified |
| 3072 | within the definition of "minority person" in s. 288.703(3), |
| 3073 | considering also gender and nationality subgroups, and shall |
| 3074 | consist of the following: |
| 3075 | (a) Four members consisting of representatives of local |
| 3076 | and federal small and minority business assistance programs or |
| 3077 | community development programs. |
| 3078 | (b) Eight members composed of representatives of the |
| 3079 | minority private business sector, including certified minority |
| 3080 | business enterprises and minority supplier development councils, |
| 3081 | among whom at least two shall be women and at least four shall |
| 3082 | be minority persons. |
| 3083 | (c) Two representatives of local government, one of whom |
| 3084 | shall be a representative of a large local government, and one |
| 3085 | of whom shall be a representative of a small local government. |
| 3086 | (d) Two representatives from the banking and insurance |
| 3087 | industry. |
| 3088 | (e) Two members from the private business sector, |
| 3089 | representing the construction and commodities industries. |
| 3090 | (f) A member from the board of directors of Enterprise |
| 3091 | Florida, Inc. The chairperson of the Florida Black Business |
| 3092 | Investment Board or the chairperson's designee. |
| 3093 |
|
| 3094 | A candidate for appointment may be considered if eligible to be |
| 3095 | certified as an owner of a minority business enterprise, or if |
| 3096 | otherwise qualified under the criteria above. Vacancies may be |
| 3097 | filled by appointment of the secretary, in the manner of the |
| 3098 | original appointment. |
| 3099 | (5) The powers and duties of the council include, but are |
| 3100 | not limited to: researching and reviewing the role of small and |
| 3101 | minority businesses in the state's economy; reviewing issues and |
| 3102 | emerging topics relating to small and minority business economic |
| 3103 | development; studying the ability of financial markets and |
| 3104 | institutions to meet small business credit needs and determining |
| 3105 | the impact of government demands on credit for small businesses; |
| 3106 | assessing the implementation of s. 187.201(21) 187.201(22), |
| 3107 | requiring a state economic development comprehensive plan, as it |
| 3108 | relates to small and minority businesses; assessing the |
| 3109 | reasonableness and effectiveness of efforts by any state agency |
| 3110 | or by all state agencies collectively to assist minority |
| 3111 | business enterprises; and advising the Governor, the secretary, |
| 3112 | and the Legislature on matters relating to small and minority |
| 3113 | business development which are of importance to the |
| 3114 | international strategic planning and activities of this state. |
| 3115 | Section 44. Section 288.005, Florida Statutes, is created |
| 3116 | to read: |
| 3117 | 288.005 Definitions.-As used in this chapter, the term: |
| 3118 | (1) "Commissioner" means the Commissioner of Economic |
| 3119 | Opportunity. |
| 3120 | (2) "Department" means the Department of Economic |
| 3121 | Opportunity. |
| 3122 | (3) "Economic benefits" means the direct, indirect, and |
| 3123 | induced gains in state revenues as a percentage of the state's |
| 3124 | investment. The state's investment includes state grants, tax |
| 3125 | exemptions, tax refunds, tax credits, and other state |
| 3126 | incentives. |
| 3127 | Section 45. Section 288.012, Florida Statutes, is amended |
| 3128 | to read: |
| 3129 | 288.012 State of Florida international foreign offices; |
| 3130 | state protocol officer; protocol manual.-The Legislature finds |
| 3131 | that the expansion of international trade and tourism is vital |
| 3132 | to the overall health and growth of the economy of this state. |
| 3133 | This expansion is hampered by the lack of technical and business |
| 3134 | assistance, financial assistance, and information services for |
| 3135 | businesses in this state. The Legislature finds that these |
| 3136 | businesses could be assisted by providing these services at |
| 3137 | State of Florida international foreign offices. The Legislature |
| 3138 | further finds that the accessibility and provision of services |
| 3139 | at these offices can be enhanced through cooperative agreements |
| 3140 | or strategic alliances between private businesses and state |
| 3141 | entities, local entities, and international governmental foreign |
| 3142 | entities, and private businesses. |
| 3143 | (1) The department may Office of Tourism, Trade, and |
| 3144 | Economic Development is authorized to: |
| 3145 | (a) Establish and operate offices in other foreign |
| 3146 | countries for the purpose of promoting the trade and economic |
| 3147 | development opportunities of the state, and promoting the |
| 3148 | gathering of trade data information and research on trade |
| 3149 | opportunities in specific countries. |
| 3150 | (b) Enter into agreements with governmental and private |
| 3151 | sector entities to establish and operate offices in other |
| 3152 | foreign countries which contain containing provisions that which |
| 3153 | may be in conflict with the general laws of the state pertaining |
| 3154 | to the purchase of office space, employment of personnel, and |
| 3155 | contracts for services. When agreements pursuant to this section |
| 3156 | are made which set compensation in another country's foreign |
| 3157 | currency, such agreements are shall be subject to the |
| 3158 | requirements of s. 215.425, but the purchase of another |
| 3159 | country's foreign currency by the department Office of Tourism, |
| 3160 | Trade, and Economic Development to meet such obligations are |
| 3161 | shall be subject only to s. 216.311. |
| 3162 | (2) Each international foreign office shall have in place |
| 3163 | an operational plan approved by the participating boards or |
| 3164 | other governing authority, a copy of which shall be provided to |
| 3165 | the department Office of Tourism, Trade, and Economic |
| 3166 | Development. These operating plans shall be reviewed and updated |
| 3167 | each fiscal year and shall include, at a minimum, the following: |
| 3168 | (a) Specific policies and procedures encompassing the |
| 3169 | entire scope of the operation and management of each office. |
| 3170 | (b) A comprehensive, commercial strategic plan identifying |
| 3171 | marketing opportunities and industry sector priorities for the |
| 3172 | foreign country or area in which an international a foreign |
| 3173 | office is located. |
| 3174 | (c) Provisions for access to information for Florida |
| 3175 | businesses through the Florida Trade Data Center. Each |
| 3176 | international foreign office shall obtain and forward trade |
| 3177 | leads and inquiries to the center on a regular basis. |
| 3178 | (d) Identification of new and emerging market |
| 3179 | opportunities for Florida businesses. Each international foreign |
| 3180 | office shall provide the department Florida Trade Data Center |
| 3181 | with a compilation of another country's foreign buyers and |
| 3182 | importers in industry sector priority areas on an annual basis. |
| 3183 | In return, the department Florida Trade Data Center shall make |
| 3184 | available to each international foreign office, and to |
| 3185 | Enterprise Florida, Inc., the Florida Commission on Tourism, the |
| 3186 | Florida Ports Council, the Department of State, the Department |
| 3187 | of Citrus, and the Department of Agriculture and Consumer |
| 3188 | Services, trade industry, commodity, and opportunity |
| 3189 | information. This information shall be provided to such offices |
| 3190 | and entities either free of charge or on a fee basis with fees |
| 3191 | set only to recover the costs of providing the information. |
| 3192 | (e) Provision of access for Florida businesses to the |
| 3193 | services of the Florida Trade Data Center, international trade |
| 3194 | assistance services provided by state and local entities, |
| 3195 | seaport and airport information, and other services identified |
| 3196 | by the department Office of Tourism, Trade, and Economic |
| 3197 | Development. |
| 3198 | (f) Qualitative and quantitative performance measures for |
| 3199 | each office, including, but not limited to, the number of |
| 3200 | businesses assisted, the number of trade leads and inquiries |
| 3201 | generated, the number of another country's foreign buyers and |
| 3202 | importers contacted, and the amount and type of marketing |
| 3203 | conducted. |
| 3204 | (3) By October 1 of each year, each international foreign |
| 3205 | office shall submit to the department Office of Tourism, Trade, |
| 3206 | and Economic Development a complete and detailed report on its |
| 3207 | activities and accomplishments during the preceding fiscal year. |
| 3208 | In a format provided by Enterprise Florida, Inc., the report |
| 3209 | must set forth information on: |
| 3210 | (a) The number of Florida companies assisted. |
| 3211 | (b) The number of inquiries received about investment |
| 3212 | opportunities in this state. |
| 3213 | (c) The number of trade leads generated. |
| 3214 | (d) The number of investment projects announced. |
| 3215 | (e) The estimated U.S. dollar value of sales |
| 3216 | confirmations. |
| 3217 | (f) The number of representation agreements. |
| 3218 | (g) The number of company consultations. |
| 3219 | (h) Barriers or other issues affecting the effective |
| 3220 | operation of the office. |
| 3221 | (i) Changes in office operations which are planned for the |
| 3222 | current fiscal year. |
| 3223 | (j) Marketing activities conducted. |
| 3224 | (k) Strategic alliances formed with organizations in the |
| 3225 | country in which the office is located. |
| 3226 | (l) Activities conducted with Florida's other |
| 3227 | international Florida foreign offices. |
| 3228 | (m) Any other information that the office believes would |
| 3229 | contribute to an understanding of its activities. |
| 3230 | (4) The department Office of Tourism, Trade, and Economic |
| 3231 | Development, in connection with the establishment, operation, |
| 3232 | and management of any of its offices located in another a |
| 3233 | foreign country, is exempt from the provisions of ss. 255.21, |
| 3234 | 255.25, and 255.254 relating to leasing of buildings; ss. 283.33 |
| 3235 | and 283.35 relating to bids for printing; ss. 287.001-287.20 |
| 3236 | relating to purchasing and motor vehicles; and ss. 282.003- |
| 3237 | 282.0056 and 282.702-282.7101 relating to communications, and |
| 3238 | from all statutory provisions relating to state employment. |
| 3239 | (a) The department Office of Tourism, Trade, and Economic |
| 3240 | Development may exercise such exemptions only upon prior |
| 3241 | approval of the Governor. |
| 3242 | (b) If approval for an exemption under this section is |
| 3243 | granted as an integral part of a plan of operation for a |
| 3244 | specified international foreign office, such action shall |
| 3245 | constitute continuing authority for the department Office of |
| 3246 | Tourism, Trade, and Economic Development to exercise the |
| 3247 | exemption, but only in the context and upon the terms originally |
| 3248 | granted. Any modification of the approved plan of operation with |
| 3249 | respect to an exemption contained therein must be resubmitted to |
| 3250 | the Governor for his or her approval. An approval granted to |
| 3251 | exercise an exemption in any other context shall be restricted |
| 3252 | to the specific instance for which the exemption is to be |
| 3253 | exercised. |
| 3254 | (c) As used in this subsection, the term "plan of |
| 3255 | operation" means the plan developed pursuant to subsection (2). |
| 3256 | (d) Upon final action by the Governor with respect to a |
| 3257 | request to exercise the exemption authorized in this subsection, |
| 3258 | the department Office of Tourism, Trade, and Economic |
| 3259 | Development shall report such action, along with the original |
| 3260 | request and any modifications thereto, to the President of the |
| 3261 | Senate and the Speaker of the House of Representatives within 30 |
| 3262 | days. |
| 3263 | (5) Where feasible and appropriate, international and |
| 3264 | subject to s. 288.1224(9), foreign offices established and |
| 3265 | operated under this section may provide one-stop access to the |
| 3266 | economic development, trade, and tourism information, services, |
| 3267 | and programs of the state. Where feasible and appropriate, and |
| 3268 | subject to s. 288.1224(9), such offices may also be collocated |
| 3269 | with other international foreign offices of the state. |
| 3270 | (6) The department may contract Office of Tourism, Trade, |
| 3271 | and Economic Development is authorized to make and to enter into |
| 3272 | contracts with Enterprise Florida, Inc., and the Florida |
| 3273 | Commission on Tourism to carry out the provisions of this |
| 3274 | section. The authority, duties, and exemptions provided in this |
| 3275 | section apply to Enterprise Florida, Inc., and the Florida |
| 3276 | Commission on Tourism to the same degree and subject to the same |
| 3277 | conditions as applied to the department Office of Tourism, |
| 3278 | Trade, and Economic Development. To the greatest extent |
| 3279 | possible, such contracts shall include provisions for |
| 3280 | cooperative agreements or strategic alliances between private |
| 3281 | businesses and state entities, international, foreign entities, |
| 3282 | and local governmental entities, and private businesses to |
| 3283 | operate international foreign offices. |
| 3284 | (7) The Governor may designate a state protocol officer. |
| 3285 | In consultation with the Governor and other governmental |
| 3286 | officials, the state protocol officer shall develop, maintain, |
| 3287 | publish, and distribute the state protocol manual. |
| 3288 | Section 46. Subsections (1) and (3) of section 288.017, |
| 3289 | Florida Statutes, are amended to read: |
| 3290 | 288.017 Cooperative advertising matching grants program.- |
| 3291 | (1) Enterprise Florida, Inc., may The Florida Commission |
| 3292 | on Tourism is authorized to establish a cooperative advertising |
| 3293 | matching grants program and, pursuant thereto, through the |
| 3294 | Governor, may to make expenditures and enter into contracts with |
| 3295 | local governments and nonprofit corporations for the purpose of |
| 3296 | publicizing the tourism advantages of the state. The Governor, |
| 3297 | through the department Office of Tourism, Trade, and Economic |
| 3298 | Development, based on recommendations from Enterprise Florida, |
| 3299 | Inc. the Florida Commission on Tourism, shall have final |
| 3300 | approval of grants awarded through this program. The commission |
| 3301 | may contract with its direct-support organization to administer |
| 3302 | the program. |
| 3303 | (3) Enterprise Florida, Inc., The Florida Commission on |
| 3304 | Tourism shall conduct an annual competitive selection process |
| 3305 | for the award of grants under the program. In determining its |
| 3306 | recommendations for the grant awards, Enterprise Florida, Inc., |
| 3307 | the commission shall consider the demonstrated need of the |
| 3308 | applicant for advertising assistance, the feasibility and |
| 3309 | projected benefit of the applicant's proposal, the amount of |
| 3310 | nonstate funds that will be leveraged, and such other criteria |
| 3311 | as the commission deems appropriate. In evaluating grant |
| 3312 | applications, the department Office shall consider |
| 3313 | recommendations from Enterprise Florida, Inc., the Florida |
| 3314 | Commission on Tourism. The Governor Office, however, has final |
| 3315 | approval authority for any grant under this section. |
| 3316 | Section 47. Section 288.018, Florida Statutes, is amended |
| 3317 | to read: |
| 3318 | 288.018 Regional Rural Development Grants Program.- |
| 3319 | (1) The department Office of Tourism, Trade, and Economic |
| 3320 | Development shall establish a matching grant program to provide |
| 3321 | funding to regionally based economic development organizations |
| 3322 | representing rural counties and communities for the purpose of |
| 3323 | building the professional capacity of their organizations. Such |
| 3324 | matching grants may also be used by an economic development |
| 3325 | organization to provide technical assistance to businesses |
| 3326 | within the rural counties and communities that it serves. The |
| 3327 | Governor may Office of Tourism, Trade, and Economic Development |
| 3328 | is authorized to approve, on an annual basis, grants to such |
| 3329 | regionally based economic development organizations. The maximum |
| 3330 | amount an organization may receive in any year will be $35,000, |
| 3331 | or $100,000 in a rural area of critical economic concern |
| 3332 | recommended by the Rural Economic Development Initiative and |
| 3333 | designated by the Governor, and must be matched each year by an |
| 3334 | equivalent amount of nonstate resources. |
| 3335 | (2) In approving the participants, the Governor Office of |
| 3336 | Tourism, Trade, and Economic Development shall consider the |
| 3337 | demonstrated need of the applicant for assistance and require |
| 3338 | the following: |
| 3339 | (a) Documentation of official commitments of support from |
| 3340 | each of the units of local government represented by the |
| 3341 | regional organization. |
| 3342 | (b) Demonstration that each unit of local government has |
| 3343 | made a financial or in-kind commitment to the regional |
| 3344 | organization. |
| 3345 | (c) Demonstration that the private sector has made |
| 3346 | financial or in-kind commitments to the regional organization. |
| 3347 | (d) Demonstration that the organization is in existence |
| 3348 | and actively involved in economic development activities serving |
| 3349 | the region. |
| 3350 | (e) Demonstration of the manner in which the organization |
| 3351 | is or will coordinate its efforts with those of other local and |
| 3352 | state organizations. |
| 3353 | (3) The department Office of Tourism, Trade, and Economic |
| 3354 | Development may also contract for the development of an |
| 3355 | enterprise zone web portal or websites for each enterprise zone |
| 3356 | which will be used to market the program for job creation in |
| 3357 | disadvantaged urban and rural enterprise zones. Each enterprise |
| 3358 | zone web page should include downloadable links to state forms |
| 3359 | and information, as well as local message boards that help |
| 3360 | businesses and residents receive information concerning zone |
| 3361 | boundaries, job openings, zone programs, and neighborhood |
| 3362 | improvement activities. |
| 3363 | (4) The department Office of Tourism, Trade, and Economic |
| 3364 | Development may expend up to $750,000 each fiscal year from |
| 3365 | funds appropriated to the Rural Community Development Revolving |
| 3366 | Loan Fund for the purposes outlined in this section. The |
| 3367 | department Office of Tourism, Trade, and Economic Development |
| 3368 | may contract with Enterprise Florida, Inc., for the |
| 3369 | administration of the purposes specified in this section. Funds |
| 3370 | released to Enterprise Florida, Inc., for this purpose shall be |
| 3371 | released quarterly and shall be calculated based on the |
| 3372 | applications in process. |
| 3373 | Section 48. Subsection (4) of section 288.019, Florida |
| 3374 | Statutes, is amended to read: |
| 3375 | 288.019 Rural considerations in grant review and |
| 3376 | evaluation processes.-Notwithstanding any other law, and to the |
| 3377 | fullest extent possible, the member agencies and organizations |
| 3378 | of the Rural Economic Development Initiative (REDI) as defined |
| 3379 | in s. 288.0656(6)(a) shall review all grant and loan application |
| 3380 | evaluation criteria to ensure the fullest access for rural |
| 3381 | counties as defined in s. 288.0656(2) to resources available |
| 3382 | throughout the state. |
| 3383 | (4) For existing programs, the modified evaluation |
| 3384 | criteria and scoring procedure must be delivered to the |
| 3385 | department Office of Tourism, Trade, and Economic Development |
| 3386 | for distribution to the REDI agencies and organizations. The |
| 3387 | REDI agencies and organizations shall review and make comments. |
| 3388 | Future rules, programs, evaluation criteria, and scoring |
| 3389 | processes must be brought before a REDI meeting for review, |
| 3390 | discussion, and recommendation to allow rural counties fuller |
| 3391 | access to the state's resources. |
| 3392 | Section 49. Subsection (1) of section 288.021, Florida |
| 3393 | Statutes, is amended to read: |
| 3394 | 288.021 Economic development liaison.- |
| 3395 | (1) The heads of the Department of Transportation, the |
| 3396 | Department of Environmental Protection and an additional member |
| 3397 | appointed by the Secretary of the department, the Department of |
| 3398 | Labor and Employment Security, the Department of Education, the |
| 3399 | Department of Community Affairs, the Department of Management |
| 3400 | Services, the Department of Revenue, the Fish and Wildlife |
| 3401 | Conservation Commission, each water management district, and |
| 3402 | each Department of Transportation District office shall |
| 3403 | designate a high-level staff member from within such agency to |
| 3404 | serve as the economic development liaison for the agency. In |
| 3405 | addition, the Secretary of Environmental Protection shall |
| 3406 | designate a second economic development liaison for the |
| 3407 | Department of Environmental Protection. This person shall report |
| 3408 | to the agency head and have general knowledge both of the |
| 3409 | state's permitting and other regulatory functions and of the |
| 3410 | state's economic goals, policies, and programs. This person |
| 3411 | shall also be the primary point of contact for the agency with |
| 3412 | the Department of Economic Opportunity Office of Tourism, Trade, |
| 3413 | and Economic Development on issues and projects important to the |
| 3414 | economic development of Florida, including its rural areas, to |
| 3415 | expedite project review, to ensure a prompt, effective response |
| 3416 | to problems arising with regard to permitting and regulatory |
| 3417 | functions, and to work closely with the other economic |
| 3418 | development liaisons to resolve interagency conflicts. |
| 3419 | Section 50. Section 288.0251, Florida Statutes, is amended |
| 3420 | to read: |
| 3421 | 288.0251 International development outreach activities in |
| 3422 | Latin America and Caribbean Basin.-The department Office of |
| 3423 | Tourism, Trade, and Economic Development may contract for the |
| 3424 | implementation of Florida's international volunteer corps to |
| 3425 | provide short-term training and technical assistance activities |
| 3426 | in Latin America and the Caribbean Basin. The entity contracted |
| 3427 | under this section must require that such activities be |
| 3428 | conducted by qualified volunteers who are citizens of the state. |
| 3429 | The contracting agency must have a statewide focus and |
| 3430 | experience in coordinating international volunteer programs. |
| 3431 | Section 51. Subsection (1) of section 288.035, Florida |
| 3432 | Statutes, is amended to read: |
| 3433 | 288.035 Economic development activities.- |
| 3434 | (1) The Florida Public Service Commission may authorize |
| 3435 | public utilities to recover reasonable economic development |
| 3436 | expenses. For purposes of this section, recoverable "economic |
| 3437 | development expenses" are those expenses described in subsection |
| 3438 | (2) which are consistent with criteria to be established by |
| 3439 | rules adopted by the department of Commerce as of June 30, 1996, |
| 3440 | or as those criteria are later modified by the Office of |
| 3441 | Tourism, Trade, and Economic Development. |
| 3442 | Section 52. Section 288.037, Florida Statutes, is amended |
| 3443 | to read: |
| 3444 | 288.037 Department of State; agreement with county tax |
| 3445 | collector.-In order to further the economic development goals of |
| 3446 | the state, and notwithstanding any law to the contrary, the |
| 3447 | Department of State may enter into an agreement with the county |
| 3448 | tax collector for the purpose of appointing the county tax |
| 3449 | collector as the Department of State's department's agent to |
| 3450 | accept applications for licenses or other similar registrations |
| 3451 | and applications for renewals of licenses or other similar |
| 3452 | registrations. The agreement must specify the time within which |
| 3453 | the tax collector must forward any applications and accompanying |
| 3454 | application fees to the Department of State. |
| 3455 | Section 53. Subsection (3) of section 288.041, Florida |
| 3456 | Statutes, is amended to read: |
| 3457 | 288.041 Solar energy industry; legislative findings and |
| 3458 | policy; promotional activities.- |
| 3459 | (3) By January 15 of each year, the Department of |
| 3460 | Environmental Protection shall report to the Governor, the |
| 3461 | President of the Senate, and the Speaker of the House of |
| 3462 | Representatives on the impact of the solar energy industry on |
| 3463 | the economy of this state and shall make any recommendations on |
| 3464 | initiatives to further promote the solar energy industry as the |
| 3465 | Department of Environmental Protection deems appropriate. |
| 3466 | Section 54. Subsection (10) of section 288.047, Florida |
| 3467 | Statutes, is renumbered as subsection (9) and present subsection |
| 3468 | (9) of that section is amended to read: |
| 3469 | 288.047 Quick-response training for economic development.- |
| 3470 | (9) Notwithstanding any other provision of law, eligible |
| 3471 | matching contributions received under the Quick-Response |
| 3472 | Training Program under this section may be counted toward the |
| 3473 | private sector support of Enterprise Florida, Inc., under s. |
| 3474 | 288.90151(5)(d). |
| 3475 | Section 55. Section 288.061, Florida Statutes, is amended |
| 3476 | to read: |
| 3477 | (Substantial rewording of section. See |
| 3478 | s. 288.061, F.S., for present text.) |
| 3479 | 288.061 Economic development incentive application |
| 3480 | process.- |
| 3481 | (1) The Commissioner of Economic Opportunity is the single |
| 3482 | and best point of contact for an incentive application or |
| 3483 | business interested in an incentive award. |
| 3484 | (2) The commissioner shall provide assistance to the |
| 3485 | business by deploying state resources from the department, |
| 3486 | Enterprise Florida, Inc., and other state agencies, and |
| 3487 | coordinate with regional and local entities to provide resources |
| 3488 | and assistance as necessary. |
| 3489 | (3) Upon receiving a submitted economic development |
| 3490 | incentive application, the commissioner shall make a |
| 3491 | recommendation with justification to the Governor to approve or |
| 3492 | disapprove an applicant business, including whether and what |
| 3493 | type of state and local permits may be necessary for the |
| 3494 | applicant's project, whether it is possible to waive such |
| 3495 | permits, and what state incentives and amounts of such |
| 3496 | incentives may be available to the applicant. The commissioner's |
| 3497 | review of, and the Governor's approval or denial of, a submitted |
| 3498 | economic development incentive application, unless the business |
| 3499 | requests an extension of time, shall both be completed within 10 |
| 3500 | business days after the commissioner's receipt of the submitted |
| 3501 | economic development incentive application. The Governor shall |
| 3502 | notify the applicant in writing of his intent to approve the |
| 3503 | business and include all incentives and amounts that may be |
| 3504 | available to the applicant. If the review of the application |
| 3505 | demonstrates an application is incomplete, the commissioner must |
| 3506 | notify the business within the first 5 days after receiving the |
| 3507 | application. |
| 3508 | (4) The contract or agreement with the applicant shall |
| 3509 | specify the total amount of the award, the performance |
| 3510 | conditions that must be met to obtain the award, the schedule |
| 3511 | for payment, and sanctions that would apply for failure to meet |
| 3512 | performance conditions. The Governor may enter into one |
| 3513 | agreement covering all of the state incentives that are being |
| 3514 | provided to the applicant. The contract must provide that |
| 3515 | payment of moneys is contingent upon sufficient appropriation of |
| 3516 | funds by the Legislature. |
| 3517 | (5) The department shall validate contractor performance. |
| 3518 | Such validation shall be reported in the annual incentive report |
| 3519 | required under s. 288.907. |
| 3520 | (6) The release of funds for the incentive or incentives |
| 3521 | awarded to the applicant depends upon the statutory requirements |
| 3522 | of the particular incentive program. |
| 3523 | Section 56. Section 288.063, Florida Statutes, is amended |
| 3524 | to read: |
| 3525 | 288.063 Contracts for transportation projects.- |
| 3526 | (1) The Governor, through the Department of Economic |
| 3527 | Opportunity, may Office of Tourism, Trade, and Economic |
| 3528 | Development is authorized to make, and based on a recommendation |
| 3529 | from Enterprise Florida, Inc., to approve, expenditures and |
| 3530 | enter into contracts for direct costs of transportation projects |
| 3531 | with the appropriate governmental body. Each application shall |
| 3532 | be reviewed and certified pursuant to s. 288.061. The Department |
| 3533 | of Economic Opportunity Office of Tourism, Trade, and Economic |
| 3534 | Development shall provide the Department of Transportation, and |
| 3535 | the Department of Environmental Protection, and the Department |
| 3536 | of Community Affairs with an opportunity to formally review and |
| 3537 | comment on recommended transportation projects, although the |
| 3538 | Governor, through the Department of Economic Opportunity, Office |
| 3539 | of Tourism, Trade, and Economic Development has final approval |
| 3540 | authority for any project under this section. |
| 3541 | (2) Any contract with a governmental body for construction |
| 3542 | of any transportation project executed by the Governor, through |
| 3543 | the Department of Economic Opportunity, Office of Tourism, |
| 3544 | Trade, and Economic Development shall: |
| 3545 | (a) Specify and identify the transportation project to be |
| 3546 | constructed for a new or expanding business and the number of |
| 3547 | full-time permanent jobs that will result from the project. |
| 3548 | (b) Require that the appropriate governmental body award |
| 3549 | the construction of the particular transportation project to the |
| 3550 | lowest and best bidder in accordance with applicable state and |
| 3551 | federal statutes or regulations unless the project can be |
| 3552 | constructed with existing local government employees within the |
| 3553 | contract period specified by the Department of Economic |
| 3554 | Opportunity Office of Tourism, Trade, and Economic Development. |
| 3555 | (c) Require that the appropriate governmental body provide |
| 3556 | the department Office of Tourism, Trade, and Economic |
| 3557 | Development with quarterly progress reports. Each quarterly |
| 3558 | progress report shall contain a narrative description of the |
| 3559 | work completed according to the project schedule, a description |
| 3560 | of any change orders executed by the appropriate governmental |
| 3561 | body, a budget summary detailing planned expenditures versus |
| 3562 | actual expenditures, and identification of minority business |
| 3563 | enterprises used as contractors and subcontractors. Records of |
| 3564 | all progress payments made for work in connection with such |
| 3565 | transportation projects, and any change orders executed by the |
| 3566 | appropriate governmental body and payments made pursuant to such |
| 3567 | orders, shall be maintained by that governmental body in |
| 3568 | accordance with accepted governmental accounting principles and |
| 3569 | practices and shall be subject to financial audit as required by |
| 3570 | law. In addition, the appropriate governmental body, upon |
| 3571 | completion and acceptance of the transportation project, shall |
| 3572 | make certification to the department Office of Tourism, Trade, |
| 3573 | and Economic Development that the project has been completed in |
| 3574 | compliance with the terms and conditions of the contractual |
| 3575 | agreements between the Governor, through the department, Office |
| 3576 | of Tourism, Trade, and Economic Development and the appropriate |
| 3577 | governmental body and meets minimum construction standards |
| 3578 | established in accordance with s. 336.045. |
| 3579 | (d) Specify that the Governor, through the department, |
| 3580 | Office of Tourism, Trade, and Economic Development shall |
| 3581 | transfer funds upon receipt of a request for funds from the |
| 3582 | local government, on no more than a quarterly basis, consistent |
| 3583 | with project needs. A contract totaling less than $200,000 is |
| 3584 | exempt from this transfer requirement. The Governor, through the |
| 3585 | department, may Office of Tourism, Trade, and Economic |
| 3586 | Development shall not transfer any funds unless construction has |
| 3587 | begun on the facility of the business on whose behalf the award |
| 3588 | was made. Local governments shall expend funds in a timely |
| 3589 | manner. |
| 3590 | (e) Require that program funds be used only on those |
| 3591 | transportation projects that have been properly reviewed and |
| 3592 | approved in accordance with the criteria set forth in this |
| 3593 | section. |
| 3594 | (f) Require that the governing board of the appropriate |
| 3595 | local governmental body agree by resolution to accept future |
| 3596 | maintenance and other attendant costs occurring after completion |
| 3597 | of the transportation project if the project is construction on |
| 3598 | a county or municipal system. |
| 3599 | (3) With respect to any contract executed pursuant to this |
| 3600 | section, the term "transportation project" means a |
| 3601 | transportation facility as defined in s. 334.03(31) which is |
| 3602 | necessary in the judgment of the department Office of Tourism, |
| 3603 | Trade, and Economic Development to facilitate the economic |
| 3604 | development and growth of the state. Except for applications |
| 3605 | received prior to July 1, 1996, Such transportation projects |
| 3606 | shall be approved only as a consideration to attract new |
| 3607 | employment opportunities to the state or expand or retain |
| 3608 | employment in existing companies operating within the state, or |
| 3609 | to allow for the construction or expansion of a state or federal |
| 3610 | correctional facility in a county with a population of 75,000 or |
| 3611 | less that creates new employment opportunities or expands or |
| 3612 | retains employment in the county. The department Office of |
| 3613 | Tourism, Trade, and Economic Development shall institute |
| 3614 | procedures to ensure that small and minority businesses have |
| 3615 | equal access to funding provided under this section. Funding for |
| 3616 | approved transportation projects may include any expenses, other |
| 3617 | than administrative costs and equipment purchases specified in |
| 3618 | the contract, necessary for new, or improvement to existing, |
| 3619 | transportation facilities. Funds made available pursuant to this |
| 3620 | section may not be expended in connection with the relocation of |
| 3621 | a business from one community to another community in this state |
| 3622 | unless the department Office of Tourism, Trade, and Economic |
| 3623 | Development determines that without such relocation the business |
| 3624 | will move outside this state or determines that the business has |
| 3625 | a compelling economic rationale for the relocation which creates |
| 3626 | additional jobs. Subject to appropriation for projects under |
| 3627 | this section, any appropriation greater than $10 million shall |
| 3628 | be allocated to each of the districts of the Department of |
| 3629 | Transportation to ensure equitable geographical distribution. |
| 3630 | Such allocated funds that remain uncommitted by the third |
| 3631 | quarter of the fiscal year shall be reallocated among the |
| 3632 | districts based on pending project requests. |
| 3633 | (4) The Department of Economic Opportunity Office of |
| 3634 | Tourism, Trade, and Economic Development may adopt criteria by |
| 3635 | which transportation projects are to be reviewed and certified |
| 3636 | in accordance with s. 288.061. In approving transportation |
| 3637 | projects for funding, the Governor, through the Department of |
| 3638 | Economic Opportunity, Office of Tourism, Trade, and Economic |
| 3639 | Development shall consider factors including, but not limited |
| 3640 | to, the cost per job created or retained considering the amount |
| 3641 | of transportation funds requested; the average hourly rate of |
| 3642 | wages for jobs created; the reliance on the program as an |
| 3643 | inducement for the project's location decision; the amount of |
| 3644 | capital investment to be made by the business; the demonstrated |
| 3645 | local commitment; the location of the project in an enterprise |
| 3646 | zone designated pursuant to s. 290.0055; the location of the |
| 3647 | project in a spaceport territory as defined in s. 331.304; the |
| 3648 | unemployment rate of the surrounding area; the poverty rate of |
| 3649 | the community; and the adoption of an economic element as part |
| 3650 | of its local comprehensive plan in accordance with s. |
| 3651 | 163.3177(7)(j). The Department of Economic Opportunity Office of |
| 3652 | Tourism, Trade, and Economic Development may contact any agency |
| 3653 | it deems appropriate for additional input regarding the approval |
| 3654 | of projects. |
| 3655 | (5) A No project is not eligible for funding unless it |
| 3656 | that has not been specified and identified by the Department of |
| 3657 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 3658 | Development in accordance with subsection (4) before prior to |
| 3659 | the initiation of construction shall be eligible for funding. |
| 3660 | (6) The Department of Transportation shall review the |
| 3661 | proposed projects to ensure proper coordination with |
| 3662 | transportation projects included in the adopted work program and |
| 3663 | may be the contracting agency when the project is on the State |
| 3664 | Highway System. In addition, upon request by the appropriate |
| 3665 | governmental body, the Department of Environment Protection may |
| 3666 | advise and assist it or plan and construct other such |
| 3667 | transportation projects for it. |
| 3668 | (7) For the purpose of this section, Space Florida may |
| 3669 | serve as the local government or as the contracting agency for |
| 3670 | transportation projects within spaceport territory as defined by |
| 3671 | s. 331.304. |
| 3672 | (8) Each local government receiving funds under this |
| 3673 | section shall submit to the Department of Economic Opportunity |
| 3674 | Office of Tourism, Trade, and Economic Development a financial |
| 3675 | audit of the local entity conducted by an independent certified |
| 3676 | public accountant. The Department of Economic Opportunity Office |
| 3677 | of Tourism, Trade, and Economic Development shall develop |
| 3678 | procedures to ensure that audits are received and reviewed in a |
| 3679 | timely manner and that deficiencies or questioned costs noted in |
| 3680 | the audit are resolved. |
| 3681 | (9) The Department of Economic Opportunity Office of |
| 3682 | Tourism, Trade, and Economic Development shall monitor on site |
| 3683 | each grant recipient, including, but not limited to, the |
| 3684 | construction of the business facility, to ensure compliance with |
| 3685 | contractual requirements. |
| 3686 | (10) In addition to the other provisions of this section, |
| 3687 | projects that the Legislature deems necessary to facilitate the |
| 3688 | economic development and growth of the state may be designated |
| 3689 | and funded in the General Appropriations Act. Such |
| 3690 | transportation projects create new employment opportunities, |
| 3691 | expand transportation infrastructure, improve mobility, or |
| 3692 | increase transportation innovation. The Governor, through the |
| 3693 | Department of Economic Opportunity, Office of Tourism, Trade, |
| 3694 | and Economic Development shall enter into contracts with, and |
| 3695 | make expenditures to, the appropriate entities for the costs of |
| 3696 | transportation projects designated in the General Appropriations |
| 3697 | Act. |
| 3698 | Section 57. Section 288.065, Florida Statutes, is amended |
| 3699 | to read: |
| 3700 | 288.065 Rural Community Development Revolving Loan Fund.- |
| 3701 | (1) The Rural Community Development Revolving Loan Fund |
| 3702 | Program is established within the department in the Office of |
| 3703 | Tourism, Trade, and Economic Development to facilitate the use |
| 3704 | of existing federal, state, and local financial resources by |
| 3705 | providing local governments with financial assistance to further |
| 3706 | promote the economic viability of rural communities. These funds |
| 3707 | may be used to finance initiatives directed toward maintaining |
| 3708 | or developing the economic base of rural communities, especially |
| 3709 | initiatives addressing employment opportunities for residents of |
| 3710 | these communities. |
| 3711 | (2)(a) The program shall provide for long-term loans, loan |
| 3712 | guarantees, and loan loss reserves to units of local |
| 3713 | governments, or economic development organizations substantially |
| 3714 | underwritten by a unit of local government, within counties with |
| 3715 | populations of 75,000 or fewer, or within any county with a |
| 3716 | population of 125,000 or fewer which is contiguous to a county |
| 3717 | with a population of 75,000 or fewer, based on the most recent |
| 3718 | official population estimate as determined under s. 186.901, |
| 3719 | including those residing in incorporated areas and those |
| 3720 | residing in unincorporated areas of the county, or to units of |
| 3721 | local government, or economic development organizations |
| 3722 | substantially underwritten by a unit of local government, within |
| 3723 | a rural area of critical economic concern. |
| 3724 | (b) Requests for loans shall be made by application to the |
| 3725 | department Office of Tourism, Trade, and Economic Development. |
| 3726 | Loans shall be made pursuant to agreements specifying the terms |
| 3727 | and conditions agreed to between the applicant and the Governor |
| 3728 | Office of Tourism, Trade, and Economic Development. The loans |
| 3729 | shall be the legal obligations of the applicant. |
| 3730 | (c) All repayments of principal and interest shall be |
| 3731 | returned to the loan fund and made available for loans to other |
| 3732 | applicants. However, in a rural area of critical economic |
| 3733 | concern designated by the Governor, and upon approval by the |
| 3734 | Governor Office of Tourism, Trade, and Economic Development, |
| 3735 | repayments of principal and interest may be retained by the |
| 3736 | applicant if such repayments are dedicated and matched to fund |
| 3737 | regionally based economic development organizations representing |
| 3738 | the rural area of critical economic concern. |
| 3739 | (3) The department Office of Tourism, Trade, and Economic |
| 3740 | Development shall manage the fund, establishing loan practices |
| 3741 | that must include, but are not limited to, procedures for |
| 3742 | establishing loan interest rates, uses of funding, application |
| 3743 | procedures, and application review procedures. The Governor |
| 3744 | Office of Tourism, Trade, and Economic Development shall have |
| 3745 | final approval authority for any loan under this section. |
| 3746 | (4) Notwithstanding the provisions of s. 216.301, funds |
| 3747 | appropriated for this purpose are shall not be subject to |
| 3748 | reversion. |
| 3749 | Section 58. Section 288.0655, Florida Statutes, is amended |
| 3750 | to read: |
| 3751 | 288.0655 Rural Infrastructure Fund.- |
| 3752 | (1) There is created within the department Office of |
| 3753 | Tourism, Trade, and Economic Development the Rural |
| 3754 | Infrastructure Fund to facilitate the planning, preparing, and |
| 3755 | financing of infrastructure projects in rural communities which |
| 3756 | will encourage job creation, capital investment, and the |
| 3757 | strengthening and diversification of rural economies by |
| 3758 | promoting tourism, trade, and economic development. |
| 3759 | (2)(a) Funds appropriated by the Legislature shall be |
| 3760 | distributed by the department Office through grant programs that |
| 3761 | maximize the use of federal, local, and private resources, |
| 3762 | including, but not limited to, those available under the Small |
| 3763 | Cities Community Development Block Grant Program. |
| 3764 | (b) To facilitate access of rural communities and rural |
| 3765 | areas of critical economic concern as defined by the Rural |
| 3766 | Economic Development Initiative to infrastructure funding |
| 3767 | programs of the Federal Government, such as those offered by the |
| 3768 | United States Department of Agriculture and the United States |
| 3769 | Department of Commerce, and state programs, including those |
| 3770 | offered by Rural Economic Development Initiative agencies, and |
| 3771 | to facilitate local government or private infrastructure funding |
| 3772 | efforts, the Governor Office may award grants for up to 30 |
| 3773 | percent of the total infrastructure project cost. If an |
| 3774 | application for funding is for a catalyst site, as defined in s. |
| 3775 | 288.0656, the Governor Office may award grants for up to 40 |
| 3776 | percent of the total infrastructure project cost. Eligible |
| 3777 | projects must be related to specific job-creation or job- |
| 3778 | retention opportunities. Eligible projects may also include |
| 3779 | improving any inadequate infrastructure that has resulted in |
| 3780 | regulatory action that prohibits economic or community growth or |
| 3781 | reducing the costs to community users of proposed infrastructure |
| 3782 | improvements that exceed such costs in comparable communities. |
| 3783 | Eligible uses of funds shall include improvements to public |
| 3784 | infrastructure for industrial or commercial sites and upgrades |
| 3785 | to or development of public tourism infrastructure. Authorized |
| 3786 | infrastructure may include the following public or public- |
| 3787 | private partnership facilities: storm water systems; |
| 3788 | telecommunications facilities; broadband facilities; roads or |
| 3789 | other remedies to transportation impediments; nature-based |
| 3790 | tourism facilities; or other physical requirements necessary to |
| 3791 | facilitate tourism, trade, and economic development activities |
| 3792 | in the community. Authorized infrastructure may also include |
| 3793 | publicly or privately owned self-powered nature-based tourism |
| 3794 | facilities, publicly owned telecommunications facilities, and |
| 3795 | broadband facilities, and additions to the distribution |
| 3796 | facilities of the existing natural gas utility as defined in s. |
| 3797 | 366.04(3)(c), the existing electric utility as defined in s. |
| 3798 | 366.02, or the existing water or wastewater utility as defined |
| 3799 | in s. 367.021(12), or any other existing water or wastewater |
| 3800 | facility, which owns a gas or electric distribution system or a |
| 3801 | water or wastewater system in this state where: |
| 3802 | 1. A contribution-in-aid of construction is required to |
| 3803 | serve public or public-private partnership facilities under the |
| 3804 | tariffs of any natural gas, electric, water, or wastewater |
| 3805 | utility as defined herein; and |
| 3806 | 2. Such utilities as defined herein are willing and able |
| 3807 | to provide such service. |
| 3808 | (c) To facilitate timely response and induce the location |
| 3809 | or expansion of specific job creating opportunities, the |
| 3810 | Governor Office may award grants for infrastructure feasibility |
| 3811 | studies, design and engineering activities, or other |
| 3812 | infrastructure planning and preparation activities. Authorized |
| 3813 | grants shall be up to $50,000 for an employment project with a |
| 3814 | business committed to create at least 100 jobs;, up to $150,000 |
| 3815 | for an employment project with a business committed to create at |
| 3816 | least 300 jobs;, and up to $300,000 for a project in a rural |
| 3817 | area of critical economic concern. Grants awarded under this |
| 3818 | paragraph may be used in conjunction with grants awarded under |
| 3819 | paragraph (b), provided that the total amount of both grants |
| 3820 | does not exceed 30 percent of the total project cost. In |
| 3821 | evaluating applications under this paragraph, the department |
| 3822 | Office shall consider the extent to which the application seeks |
| 3823 | to minimize administrative and consultant expenses. |
| 3824 | (d) By September 1, 1999, The department Office shall |
| 3825 | participate in pursue execution of a memorandum of agreement |
| 3826 | with the United States Department of Agriculture under which |
| 3827 | state funds available through the Rural Infrastructure Fund may |
| 3828 | be advanced, in excess of the prescribed state share, for a |
| 3829 | project that has received from the United States Department of |
| 3830 | Agriculture a preliminary determination of eligibility for |
| 3831 | federal financial support. State funds in excess of the |
| 3832 | prescribed state share which are advanced pursuant to this |
| 3833 | paragraph and the memorandum of agreement shall be reimbursed |
| 3834 | when funds are awarded under an application for federal funding. |
| 3835 | (e) To enable local governments to access the resources |
| 3836 | available pursuant to s. 403.973(18), the Governor Office may |
| 3837 | award grants for surveys, feasibility studies, and other |
| 3838 | activities related to the identification and preclearance review |
| 3839 | of land which is suitable for preclearance review. Authorized |
| 3840 | grants under this paragraph may shall not exceed $75,000 each, |
| 3841 | except in the case of a project in a rural area of critical |
| 3842 | economic concern, in which case the grant may shall not exceed |
| 3843 | $300,000. Any funds awarded under this paragraph must be matched |
| 3844 | at a level of 50 percent with local funds, except that any funds |
| 3845 | awarded for a project in a rural area of critical economic |
| 3846 | concern must be matched at a level of 33 percent with local |
| 3847 | funds. If an application for funding is for a catalyst site, as |
| 3848 | defined in s. 288.0656, the requirement for local match may be |
| 3849 | waived pursuant to the process in s. 288.06561. In evaluating |
| 3850 | applications under this paragraph, the Department of Economic |
| 3851 | Opportunity office shall consider the extent to which the |
| 3852 | application seeks to minimize administrative and consultant |
| 3853 | expenses. |
| 3854 | (3) The Department of Economic Opportunity office, in |
| 3855 | consultation with Enterprise Florida, Inc., VISIT Florida, the |
| 3856 | Department of Environmental Protection, and the Florida Fish and |
| 3857 | Wildlife Conservation Commission, as appropriate, shall review |
| 3858 | and certify applications pursuant to s. 288.061. The review |
| 3859 | shall include an evaluation of the economic benefit of the |
| 3860 | projects and their long-term viability. The Governor office |
| 3861 | shall have final approval for any grant under this section. |
| 3862 | (4) By September 1, 2012 1999, the department office |
| 3863 | shall, in consultation with the organizations listed in |
| 3864 | subsection (3), and other organizations, reevaluate existing |
| 3865 | develop guidelines and criteria governing submission of |
| 3866 | applications for funding, review and evaluation of such |
| 3867 | applications, and approval of funding under this section. The |
| 3868 | department office shall consider factors including, but not |
| 3869 | limited to, the project's potential for enhanced job creation or |
| 3870 | increased capital investment, the demonstration and level of |
| 3871 | local public and private commitment, whether the project is |
| 3872 | located location of the project in an enterprise zone, the |
| 3873 | location of the project in a community development corporation |
| 3874 | service area, or in an urban high-crime area as the location of |
| 3875 | the project in a county designated under s. 212.097, the |
| 3876 | unemployment rate of the county in which the project would be |
| 3877 | located surrounding area, and the poverty rate of the community. |
| 3878 | (5) Notwithstanding the provisions of s. 216.301, funds |
| 3879 | appropriated for the purposes of this section are shall not be |
| 3880 | subject to reversion. |
| 3881 | Section 59. Paragraph (b) of subsection (1), paragraphs |
| 3882 | (b) and (e) of subsection (2), paragraph (a) of subsection (6), |
| 3883 | and subsection (7) of section 288.0656, Florida Statutes, are |
| 3884 | amended to read: |
| 3885 | 288.0656 Rural Economic Development Initiative.- |
| 3886 | (1)(b) The Rural Economic Development Initiative, known as |
| 3887 | "REDI," is created within the department Office of Tourism, |
| 3888 | Trade, and Economic Development, and the participation of state |
| 3889 | and regional agencies in this initiative is authorized. |
| 3890 | (2) As used in this section, the term: |
| 3891 | (b) "Catalyst site" means a parcel or parcels of land |
| 3892 | within a rural area of critical economic concern that has been |
| 3893 | prioritized as a geographic site for economic development |
| 3894 | through partnerships with state, regional, and local |
| 3895 | organizations. The site must be reviewed by REDI and approved by |
| 3896 | the department Office of Tourism, Trade, and Economic |
| 3897 | Development for the purposes of locating a catalyst project. |
| 3898 | (e) "Rural community" means: |
| 3899 | 1. A county with a population of 75,000 or fewer. |
| 3900 | 2. A county with a population of 125,000 or fewer which is |
| 3901 | contiguous to a county with a population of 75,000 or fewer. |
| 3902 | 3. A municipality within a county described in |
| 3903 | subparagraph 1. or subparagraph 2. |
| 3904 | 4. An unincorporated federal enterprise community or an |
| 3905 | incorporated rural city with a population of 25,000 or fewer and |
| 3906 | an employment base focused on traditional agricultural or |
| 3907 | resource-based industries, located in a county not defined as |
| 3908 | rural, which has at least three or more of the economic distress |
| 3909 | factors identified in paragraph (c) and verified by the |
| 3910 | department Office of Tourism, Trade, and Economic Development. |
| 3911 |
|
| 3912 | For purposes of this paragraph, population shall be determined |
| 3913 | in accordance with the most recent official estimate pursuant to |
| 3914 | s. 186.901. |
| 3915 | (6)(a) By August 1 of each year, the head of each of the |
| 3916 | following agencies and organizations shall designate a deputy |
| 3917 | secretary or higher-level staff person from within the agency or |
| 3918 | organization to serve as the REDI representative for the agency |
| 3919 | or organization: |
| 3920 | 1. The Department of Community Affairs. |
| 3921 | 1.2. The Department of Transportation. |
| 3922 | 2.3. The Department of Environmental Protection. |
| 3923 | 3.4. The Department of Agriculture and Consumer Services. |
| 3924 | 4.5. The Department of State. |
| 3925 | 5.6. The Department of Health. |
| 3926 | 6.7. The Department of Children and Family Services. |
| 3927 | 7.8. The Department of Corrections. |
| 3928 | 9. The Agency for Workforce Innovation. |
| 3929 | 8.10. The Department of Education. |
| 3930 | 9.11. The Department of Juvenile Justice. |
| 3931 | 10.12. The Fish and Wildlife Conservation Commission. |
| 3932 | 11.13. Each water management district. |
| 3933 | 12.14. Enterprise Florida, Inc. |
| 3934 | 13.15. Workforce Florida, Inc. |
| 3935 | 16. The Florida Commission on Tourism or VISIT Florida. |
| 3936 | 14.17. The Florida Regional Planning Council Association. |
| 3937 | 15.18. The Agency for Health Care Administration. |
| 3938 | 16.19. The Institute of Food and Agricultural Sciences |
| 3939 | (IFAS). |
| 3940 |
|
| 3941 | An alternate for each designee shall also be chosen, and the |
| 3942 | names of the designees and alternates shall be sent to the |
| 3943 | Commissioner of Economic Opportunity director of the Office of |
| 3944 | Tourism, Trade, and Economic Development. |
| 3945 | (7)(a) REDI may recommend to the Governor up to three |
| 3946 | rural areas of critical economic concern. The Governor may by |
| 3947 | executive order designate up to three rural areas of critical |
| 3948 | economic concern which will establish these areas as priority |
| 3949 | assignments for REDI as well as to allow the Governor, acting |
| 3950 | through REDI, to waive criteria, requirements, or similar |
| 3951 | provisions of any economic development incentive. Such |
| 3952 | incentives shall include, but not be limited to: the Qualified |
| 3953 | Target Industry Tax Refund Program under s. 288.106, the Quick |
| 3954 | Response Training Program under s. 288.047, the Quick Response |
| 3955 | Training Program for participants in the welfare transition |
| 3956 | program under s. 288.047(8), transportation projects under s. |
| 3957 | 288.063, the brownfield redevelopment bonus refund under s. |
| 3958 | 288.107, and the rural job tax credit program under ss. 212.098 |
| 3959 | and 220.1895. |
| 3960 | (b) Designation as a rural area of critical economic |
| 3961 | concern under this subsection shall be contingent upon the |
| 3962 | execution of a memorandum of agreement among the Governor, |
| 3963 | through the Department of Economic Opportunity Office of |
| 3964 | Tourism, Trade, and Economic Development; the governing body of |
| 3965 | the county; and the governing bodies of any municipalities to be |
| 3966 | included within a rural area of critical economic concern. Such |
| 3967 | agreement shall specify the terms and conditions of the |
| 3968 | designation, including, but not limited to, the duties and |
| 3969 | responsibilities of the county and any participating |
| 3970 | municipalities to take actions designed to facilitate the |
| 3971 | retention and expansion of existing businesses in the area, as |
| 3972 | well as the recruitment of new businesses to the area. |
| 3973 | (c) Each rural area of critical economic concern may |
| 3974 | designate catalyst projects, provided that each catalyst project |
| 3975 | is specifically recommended by REDI, identified as a catalyst |
| 3976 | project by Enterprise Florida, Inc., and confirmed as a catalyst |
| 3977 | project by the department Office of Tourism, Trade, and Economic |
| 3978 | Development. All state agencies and departments shall use all |
| 3979 | available tools and resources to the extent permissible by law |
| 3980 | to promote the creation and development of each catalyst project |
| 3981 | and the development of catalyst sites. |
| 3982 | Section 60. Subsections (2) and (3) of section 288.06561, |
| 3983 | Florida Statutes, are amended to read: |
| 3984 | 288.06561 Reduction or waiver of financial match |
| 3985 | requirements.-Notwithstanding any other law, the member agencies |
| 3986 | and organizations of the Rural Economic Development Initiative |
| 3987 | (REDI), as defined in s. 288.0656(6)(a), shall review the |
| 3988 | financial match requirements for projects in rural areas as |
| 3989 | defined in s. 288.0656(2). |
| 3990 | (2) Agencies and organizations shall ensure that all |
| 3991 | proposals are submitted to the department Office of Tourism, |
| 3992 | Trade, and Economic Development for review by the REDI agencies. |
| 3993 | (3) These proposals shall be delivered to the department |
| 3994 | Office of Tourism, Trade, and Economic Development for |
| 3995 | distribution to the REDI agencies and organizations. A meeting |
| 3996 | of REDI agencies and organizations must be called within 30 days |
| 3997 | after receipt of such proposals for REDI comment and |
| 3998 | recommendations on each proposal. |
| 3999 | Section 61. Subsections (2) and (4) of section 288.0657, |
| 4000 | Florida Statutes, are amended to read: |
| 4001 | 288.0657 Florida rural economic development strategy |
| 4002 | grants.- |
| 4003 | (2) The department Office of Tourism, Trade, and Economic |
| 4004 | Development may accept and administer moneys appropriated to the |
| 4005 | department office for providing grants to assist rural |
| 4006 | communities to develop and implement strategic economic |
| 4007 | development plans. |
| 4008 | (4) The department Enterprise Florida, Inc., and VISIT |
| 4009 | Florida, shall establish criteria for reviewing grant |
| 4010 | applications. These criteria shall include, but are not limited |
| 4011 | to, the degree of participation and commitment by the local |
| 4012 | community and the application's consistency with local |
| 4013 | comprehensive plans or the application's proposal to ensure such |
| 4014 | consistency. The department International Trade and Economic |
| 4015 | Development Board of Enterprise Florida, Inc., and VISIT |
| 4016 | Florida, shall review each application for a grant and shall |
| 4017 | submit annually to the Office for approval a list of all |
| 4018 | applications that are recommended by the board and VISIT |
| 4019 | Florida, arranged in order of priority. The Governor office may |
| 4020 | approve grants only to the extent that funds are appropriated |
| 4021 | for such grants by the Legislature. |
| 4022 | Section 62. Section 288.0658, Florida Statutes, is amended |
| 4023 | to read: |
| 4024 | 288.0658 Nature-based recreation; promotion and other |
| 4025 | assistance by Fish and Wildlife Conservation Commission.-The |
| 4026 | Florida Fish and Wildlife Conservation Commission is directed to |
| 4027 | assist the Division of Tourism Marketing of Enterprise Florida, |
| 4028 | Inc. Florida Commission on Tourism; the Florida Tourism Industry |
| 4029 | Marketing Corporation, doing business as VISIT Florida; |
| 4030 | convention and visitor bureaus; tourist development councils; |
| 4031 | economic development organizations; and local governments |
| 4032 | through the provision of marketing advice, technical expertise, |
| 4033 | promotional support, and product development related to nature- |
| 4034 | based recreation and sustainable use of natural resources. In |
| 4035 | carrying out this responsibility, the Florida Fish and Wildlife |
| 4036 | Conservation Commission shall focus its efforts on fostering |
| 4037 | nature-based recreation in rural communities and regions |
| 4038 | encompassing rural communities. As used in this section, the |
| 4039 | term "nature-based recreation" means leisure activities related |
| 4040 | to the state's lands, waters, and fish and wildlife resources, |
| 4041 | including, but not limited to, wildlife viewing, fishing, |
| 4042 | hiking, canoeing, kayaking, camping, hunting, backpacking, and |
| 4043 | nature photography. |
| 4044 | Section 63. Section 288.0659, Florida Statutes, is amended |
| 4045 | to read: |
| 4046 | 288.0659 Local Government Distressed Area Matching Grant |
| 4047 | Program.- |
| 4048 | (1) The Local Government Distressed Area Matching Grant |
| 4049 | Program is created within the department Office of Tourism, |
| 4050 | Trade, and Economic Development. The purpose of the program is |
| 4051 | to stimulate investment in the state's economy by providing |
| 4052 | grants to match demonstrated business assistance by local |
| 4053 | governments to attract and retain businesses in this state. |
| 4054 | (2) As used in this section, the term: |
| 4055 | (a) "Local government" means a county or municipality. |
| 4056 | (b) "Office" means the Office of Tourism, Trade, and |
| 4057 | Economic Development. |
| 4058 | (b)(c) "Qualified business assistance" means economic |
| 4059 | incentives provided by a local government for the purpose of |
| 4060 | attracting or retaining a specific business, including, but not |
| 4061 | limited to, suspensions, waivers, or reductions of impact fees |
| 4062 | or permit fees; direct incentive payments; expenditures for |
| 4063 | onsite or offsite improvements directly benefiting a specific |
| 4064 | business; or construction or renovation of buildings for a |
| 4065 | specific business. |
| 4066 | (3) The department Office may accept and administer moneys |
| 4067 | appropriated by the Legislature to the Office for providing |
| 4068 | grants to match expenditures by local governments to attract or |
| 4069 | retain businesses in this state. |
| 4070 | (4) A local government may apply for grants to match |
| 4071 | qualified business assistance made by the local government for |
| 4072 | the purpose of attracting or retaining a specific business. A |
| 4073 | local government may apply for no more than one grant per |
| 4074 | targeted business. A local government may only have one |
| 4075 | application pending with the department Office. Additional |
| 4076 | applications may be filed after a previous application is has |
| 4077 | been approved or denied. |
| 4078 | (5) To qualify for a grant, the business being targeted by |
| 4079 | a local government must create at least 15 full-time jobs, must |
| 4080 | be new to this state, must be expanding its operations in this |
| 4081 | state, or would otherwise leave the state absent state and local |
| 4082 | assistance, and the local government applying for the grant must |
| 4083 | expedite its permitting processes for the target business by |
| 4084 | accelerating the normal review and approval timelines. In |
| 4085 | addition to these requirements, the department office shall |
| 4086 | review the grant requests using the following evaluation |
| 4087 | criteria, with priority given in descending order: |
| 4088 | (a) The presence and degree of pervasive poverty, |
| 4089 | unemployment, and general distress as determined pursuant to s. |
| 4090 | 290.0058 in the area where the business will locate, with |
| 4091 | priority given to locations with greater degrees of poverty, |
| 4092 | unemployment, and general distress. |
| 4093 | (b) The extent of reliance on the local government |
| 4094 | expenditure as an inducement for the business's location |
| 4095 | decision, with priority given to higher levels of local |
| 4096 | government expenditure. |
| 4097 | (c) The number of new full-time jobs created, with |
| 4098 | priority given to higher numbers of jobs created. |
| 4099 | (d) The average hourly wage for jobs created, with |
| 4100 | priority given to higher average wages. |
| 4101 | (e) The amount of capital investment to be made by the |
| 4102 | business, with priority given to higher amounts of capital |
| 4103 | investment. |
| 4104 | (6) In evaluating grant requests, the department Office |
| 4105 | shall take into consideration the need for grant assistance as |
| 4106 | it relates to the local government's general fund balance as |
| 4107 | well as local incentive programs that are already in existence. |
| 4108 | (7) Funds made available pursuant to this section may not |
| 4109 | be expended in connection with the relocation of a business from |
| 4110 | one community to another community in this state unless the |
| 4111 | department Office determines that without such relocation the |
| 4112 | business will move outside this state or determines that the |
| 4113 | business has a compelling economic rationale for the relocation |
| 4114 | which creates additional jobs. Funds made available pursuant to |
| 4115 | this section may not be used by the receiving local government |
| 4116 | to supplant matching commitments required of the local |
| 4117 | government pursuant to other state or federal incentive |
| 4118 | programs. |
| 4119 | (8) Within 30 days after the department Office receives an |
| 4120 | application for a grant, the Governor Office shall approve a |
| 4121 | preliminary grant allocation or disapprove the application. The |
| 4122 | preliminary grant allocation shall be based on estimates of |
| 4123 | qualified business assistance submitted by the local government |
| 4124 | and shall equal 50 percent of the amount of the estimated |
| 4125 | qualified business assistance or $50,000, whichever is less. The |
| 4126 | preliminary grant allocation shall be executed by contract with |
| 4127 | the local government. The contract shall set forth the terms and |
| 4128 | conditions, including the timeframes within which the final |
| 4129 | grant award will be disbursed. The final grant award may not |
| 4130 | exceed the preliminary grant allocation. The Governor Office may |
| 4131 | approve preliminary grant allocations only to the extent that |
| 4132 | funds are appropriated for such grants by the Legislature. |
| 4133 | (a) Preliminary grant allocations that are revoked or |
| 4134 | voluntarily surrendered shall be immediately available for |
| 4135 | reallocation. |
| 4136 | (b) Recipients of preliminary grant allocations shall |
| 4137 | promptly report to the department Office the date on which the |
| 4138 | local government's permitting and approval process is completed |
| 4139 | and the date on which all qualified business assistance is |
| 4140 | completed. |
| 4141 | (9) The Governor Office shall make a final grant award to |
| 4142 | a local government within 30 days after receiving information |
| 4143 | from the local government sufficient to demonstrate actual |
| 4144 | qualified business assistance. An awarded grant amount shall |
| 4145 | equal 50 percent of the amount of the qualified business |
| 4146 | assistance or $50,000, whichever is less, and may not exceed the |
| 4147 | preliminary grant allocation. The amount by which a preliminary |
| 4148 | grant allocation exceeds a final grant award shall be |
| 4149 | immediately available for reallocation. |
| 4150 | (10) Up to 2 percent of the funds appropriated annually by |
| 4151 | the Legislature for the program may be used by the department |
| 4152 | Office for direct administrative costs associated with |
| 4153 | implementing this section. |
| 4154 | Section 64. Paragraph (a) of subsection (1) of section |
| 4155 | 288.075, Florida Statutes, is amended to read: |
| 4156 | 288.075 Confidentiality of records.- |
| 4157 | (1) DEFINITIONS.-As used in this section, the term: |
| 4158 | (a) "Economic development agency" means: |
| 4159 | 1. The department Office of Tourism, Trade, and Economic |
| 4160 | Development; |
| 4161 | 2. Any industrial development authority created in |
| 4162 | accordance with part III of chapter 159 or by special law; |
| 4163 | 3. Space Florida created in part II of chapter 331; |
| 4164 | 4. The public economic development agency of a county or |
| 4165 | municipality or, if the county or municipality does not have a |
| 4166 | public economic development agency, the county or municipal |
| 4167 | officers or employees assigned the duty to promote the general |
| 4168 | business interests or industrial interests of that county or |
| 4169 | municipality or the responsibilities related thereto; |
| 4170 | 5. Any research and development authority created in |
| 4171 | accordance with part V of chapter 159; or |
| 4172 | 6. Any private agency, person, partnership, corporation, |
| 4173 | or business entity when authorized by the state, a municipality, |
| 4174 | or a county to promote the general business interests or |
| 4175 | industrial interests of the state or that municipality or |
| 4176 | county. |
| 4177 | Section 65. Section 288.095, Florida Statutes, is amended |
| 4178 | to read: |
| 4179 | 288.095 Economic Development Trust Fund.- |
| 4180 | (1) The Economic Development Trust Fund is created within |
| 4181 | the department Office of Tourism, Trade, and Economic |
| 4182 | Development. Moneys deposited into the fund must be used only to |
| 4183 | support the authorized activities and operations of the |
| 4184 | department Office. |
| 4185 | (2) There is created, within the Economic Development |
| 4186 | Trust Fund, the Economic Development Incentives Account. The |
| 4187 | Economic Development Incentives Account consists of moneys |
| 4188 | appropriated to the account for purposes of the tax incentives |
| 4189 | programs authorized under ss. 288.1045 and 288.106, and local |
| 4190 | financial support provided under ss. 288.1045 and 288.106. |
| 4191 | Moneys in the Economic Development Incentives Account are shall |
| 4192 | be subject to the provisions of s. 216.301(1)(a). |
| 4193 | (3)(a) The department Office of Tourism, Trade, and |
| 4194 | Economic Development may approve applications for certification |
| 4195 | pursuant to ss. 288.1045(3) and 288.106. However, the total |
| 4196 | state share of tax refund payments scheduled in all active |
| 4197 | certifications for fiscal year 2001-2002 may not exceed $30 |
| 4198 | million. The total for each subsequent fiscal year may not |
| 4199 | exceed $35 million. |
| 4200 | (b) The total amount of tax refund claims approved for |
| 4201 | payment by the Governor Office of Tourism, Trade, and Economic |
| 4202 | Development based on actual project performance may not exceed |
| 4203 | the amount appropriated to the Economic Development Incentives |
| 4204 | Account for such purposes for the fiscal year. Claims for tax |
| 4205 | refunds under ss. 288.1045 and 288.106 shall be paid in the |
| 4206 | order the claims are approved by the Governor Office of Tourism, |
| 4207 | Trade, and Economic Development. If In the event the Legislature |
| 4208 | does not appropriate an amount sufficient to satisfy the tax |
| 4209 | refunds under ss. 288.1045 and 288.106 in a fiscal year, the |
| 4210 | department Office of Tourism, Trade, and Economic Development |
| 4211 | shall pay the tax refunds from the appropriation for the |
| 4212 | following fiscal year. By March 1 of each year, the department |
| 4213 | Office of Tourism, Trade, and Economic Development shall notify |
| 4214 | the legislative appropriations committees of the Senate and |
| 4215 | House of Representatives of any anticipated shortfall in the |
| 4216 | amount of funds needed to satisfy claims for tax refunds from |
| 4217 | the appropriation for the current fiscal year. |
| 4218 | (c) The department, pursuant to s. 288.907 By December 31 |
| 4219 | of each year, Enterprise Florida, Inc., shall submit a complete |
| 4220 | and detailed annual report to the Governor, the President of the |
| 4221 | Senate, and the Speaker of the House of Representatives, and the |
| 4222 | director of the Office of Tourism, Trade, and Economic |
| 4223 | Development of all applications received, recommendations made |
| 4224 | to the department Office of Tourism, Trade, and Economic |
| 4225 | Development, final decisions issued, tax refund agreements |
| 4226 | executed, and tax refunds paid or other payments made under all |
| 4227 | programs funded out of the Economic Development Incentives |
| 4228 | Account, including analyses of benefits and costs, types of |
| 4229 | projects supported, and employment and investment created. The |
| 4230 | department Enterprise Florida, Inc., shall also include a |
| 4231 | separate analysis of the impact of such tax refunds on state |
| 4232 | enterprise zones designated pursuant to s. 290.0065, rural |
| 4233 | communities, brownfield areas, and distressed urban communities. |
| 4234 | The report must also discuss the efforts made by the department |
| 4235 | Office of Tourism, Trade, and Economic Development to amend tax |
| 4236 | refund agreements to require tax refund claims to be submitted |
| 4237 | by January 31 for the net new full-time equivalent jobs in this |
| 4238 | state as of December 31 of the preceding calendar year. The |
| 4239 | report must also list the name and tax refund amount for each |
| 4240 | business that has received a tax refund under s. 288.1045 or s. |
| 4241 | 288.106 during the preceding fiscal year. The Office of Tourism, |
| 4242 | Trade, and Economic Development shall assist Enterprise Florida, |
| 4243 | Inc., in the collection of data related to business performance |
| 4244 | and incentive payments. |
| 4245 | (d) Moneys in the Economic Development Incentives Account |
| 4246 | may be used only to pay tax refunds and make other payments |
| 4247 | authorized under s. 288.1045, s. 288.106, or s. 288.107. |
| 4248 | (e) The department Office of Tourism, Trade, and Economic |
| 4249 | Development may adopt rules necessary to carry out the |
| 4250 | provisions of this subsection, including rules providing for the |
| 4251 | use of moneys in the Economic Development Incentives Account and |
| 4252 | for the administration of the Economic Development Incentives |
| 4253 | Account. |
| 4254 | Section 66. Paragraphs (q) through (u) of subsection (1) |
| 4255 | of section 288.1045, Florida Statutes, are redesignated as |
| 4256 | paragraphs (o) through (s), respectively, and present paragraphs |
| 4257 | (c), (h), (p), and (r) of subsection (1), paragraphs (a), (d), |
| 4258 | (e), (f), (h) of subsection (2), subsections (3) and (4), |
| 4259 | paragraphs (a), (d), (e), and (g) of subsection (5), paragraphs |
| 4260 | (a), (b), and (c) of subsection (6), and subsections (7) and (8) |
| 4261 | are amended to read: |
| 4262 | 288.1045 Qualified defense contractor and space flight |
| 4263 | business tax refund program.- |
| 4264 | (1) DEFINITIONS.-As used in this section: |
| 4265 | (c) "Business unit" means an employing unit, as defined in |
| 4266 | s. 443.036, that is registered with the department Agency for |
| 4267 | Workforce Innovation for unemployment compensation purposes or |
| 4268 | means a subcategory or division of an employing unit that is |
| 4269 | accepted by the department Agency for Workforce Innovation as a |
| 4270 | reporting unit. |
| 4271 | (h) "Director" means the director of the Office of |
| 4272 | Tourism, Trade, and Economic Development. |
| 4273 | (p) "Office" means the Office of Tourism, Trade, and |
| 4274 | Economic Development. |
| 4275 | (p)(r) "Qualified applicant" means an applicant that has |
| 4276 | been approved by the department director to be eligible for tax |
| 4277 | refunds pursuant to this section. |
| 4278 | (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.- |
| 4279 | (a) There shall be allowed, from the Economic Development |
| 4280 | Trust Fund, a refund to a qualified applicant for the amount of |
| 4281 | eligible taxes certified by the department director which were |
| 4282 | paid by such qualified applicant. The total amount of refunds |
| 4283 | for all fiscal years for each qualified applicant shall be |
| 4284 | determined pursuant to subsection (3). The annual amount of a |
| 4285 | refund to a qualified applicant shall be determined pursuant to |
| 4286 | subsection (5). |
| 4287 | (d) Contingent upon an annual appropriation by the |
| 4288 | Legislature, the Governor director may approve not more in tax |
| 4289 | refunds than the amount appropriated to the Economic Development |
| 4290 | Trust Fund for tax refunds, for a fiscal year pursuant to |
| 4291 | subsection (5) and s. 288.095. |
| 4292 | (e) For the first 6 months of each fiscal year, the |
| 4293 | department director shall set aside 30 percent of the amount |
| 4294 | appropriated for refunds pursuant to this section by the |
| 4295 | Legislature to provide tax refunds only to qualified applicants |
| 4296 | who employ 500 or fewer full-time employees in this state. Any |
| 4297 | unencumbered funds remaining undisbursed from this set-aside at |
| 4298 | the end of the 6-month period may be used to provide tax refunds |
| 4299 | for any qualified applicants pursuant to this section. |
| 4300 | (f) After entering into a tax refund agreement pursuant to |
| 4301 | subsection (4), a qualified applicant may: |
| 4302 | 1. Receive refunds from the account for corporate income |
| 4303 | taxes due and paid pursuant to chapter 220 by that business |
| 4304 | beginning with the first taxable year of the business which |
| 4305 | begins after entering into the agreement. |
| 4306 | 2. Receive refunds from the account for the following |
| 4307 | taxes due and paid by that business after entering into the |
| 4308 | agreement: |
| 4309 | a. Taxes on sales, use, and other transactions paid |
| 4310 | pursuant to chapter 212. |
| 4311 | b. Intangible personal property taxes paid pursuant to |
| 4312 | chapter 199. |
| 4313 | c. Emergency excise taxes paid pursuant to chapter 221. |
| 4314 | d. Excise taxes paid on documents pursuant to chapter 201. |
| 4315 | e. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on |
| 4316 | June 1, 1996. |
| 4317 | f. State communications services taxes administered under |
| 4318 | chapter 202. This provision does not apply to the gross receipts |
| 4319 | tax imposed under chapter 203 and administered under chapter 202 |
| 4320 | or the local communications services tax authorized under s. |
| 4321 | 202.19. |
| 4322 |
|
| 4323 | However, a qualified applicant may not receive a tax refund |
| 4324 | pursuant to this section for any amount of credit, refund, or |
| 4325 | exemption granted such contractor for any of such taxes. If a |
| 4326 | refund for such taxes is provided by the department Office, |
| 4327 | which taxes are subsequently adjusted by the application of any |
| 4328 | credit, refund, or exemption granted to the qualified applicant |
| 4329 | other than that provided in this section, the qualified |
| 4330 | applicant shall reimburse the Economic Development Trust Fund |
| 4331 | for the amount of such credit, refund, or exemption. A qualified |
| 4332 | applicant must notify and tender payment to the department |
| 4333 | office within 20 days after receiving a credit, refund, or |
| 4334 | exemption, other than that provided in this section. The |
| 4335 | addition of communications services taxes administered under |
| 4336 | chapter 202 is remedial in nature and retroactive to October 1, |
| 4337 | 2001. The Office may make supplemental tax refund payments to |
| 4338 | allow for tax refunds for communications services taxes paid by |
| 4339 | an eligible qualified defense contractor after October 1, 2001. |
| 4340 | (h) Funds made available pursuant to this section may not |
| 4341 | be expended in connection with the relocation of a business from |
| 4342 | one community to another community in this state unless the |
| 4343 | department Office of Tourism, Trade, and Economic Development |
| 4344 | determines that without such relocation the business will move |
| 4345 | outside this state or determines that the business has a |
| 4346 | compelling economic rationale for the relocation which creates |
| 4347 | additional jobs. |
| 4348 | (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY |
| 4349 | DETERMINATION.- |
| 4350 | (a) To apply for certification as a qualified applicant |
| 4351 | pursuant to this section, an applicant must file an application |
| 4352 | with the department Office which satisfies the requirements of |
| 4353 | paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d) |
| 4354 | and (e), or paragraphs (e) and (j). An applicant may not apply |
| 4355 | for certification pursuant to this section after a proposal has |
| 4356 | been submitted for a new Department of Defense contract, after |
| 4357 | the applicant has made the decision to consolidate an existing |
| 4358 | Department of Defense contract in this state for which such |
| 4359 | applicant is seeking certification, after a proposal has been |
| 4360 | submitted for a new space flight business contract in this |
| 4361 | state, after the applicant has made the decision to consolidate |
| 4362 | an existing space flight business contract in this state for |
| 4363 | which such applicant is seeking certification, or after the |
| 4364 | applicant has made the decision to convert defense production |
| 4365 | jobs to nondefense production jobs for which such applicant is |
| 4366 | seeking certification. |
| 4367 | (b) Applications for certification based on the |
| 4368 | consolidation of a Department of Defense contract or a new |
| 4369 | Department of Defense contract must be submitted to the |
| 4370 | Department of Economic Opportunity Office as prescribed by the |
| 4371 | department Office and must include, but are not limited to, the |
| 4372 | following information: |
| 4373 | 1. The applicant's federal employer identification number, |
| 4374 | the applicant's Florida sales tax registration number, and a |
| 4375 | signature of an officer of the applicant. |
| 4376 | 2. The permanent location of the manufacturing, |
| 4377 | assembling, fabricating, research, development, or design |
| 4378 | facility in this state at which the project is or is to be |
| 4379 | located. |
| 4380 | 3. The Department of Defense contract numbers of the |
| 4381 | contract to be consolidated, the new Department of Defense |
| 4382 | contract number, or the "RFP" number of a proposed Department of |
| 4383 | Defense contract. |
| 4384 | 4. The date the contract was executed or is expected to be |
| 4385 | executed, and the date the contract is due to expire or is |
| 4386 | expected to expire. |
| 4387 | 5. The commencement date for project operations under the |
| 4388 | contract in this state. |
| 4389 | 6. The number of net new full-time equivalent Florida jobs |
| 4390 | included in the project as of December 31 of each year and the |
| 4391 | average wage of such jobs. |
| 4392 | 7. The total number of full-time equivalent employees |
| 4393 | employed by the applicant in this state. |
| 4394 | 8. The percentage of the applicant's gross receipts |
| 4395 | derived from Department of Defense contracts during the 5 |
| 4396 | taxable years immediately preceding the date the application is |
| 4397 | submitted. |
| 4398 | 9. The number of full-time equivalent jobs in this state |
| 4399 | to be retained by the project. |
| 4400 | 10. A brief statement concerning the applicant's need for |
| 4401 | tax refunds, and the proposed uses of such refunds by the |
| 4402 | applicant. |
| 4403 | 11. A resolution adopted by the governing board of the |
| 4404 | county or municipality in which the project will be located, |
| 4405 | which recommends the applicant be approved as a qualified |
| 4406 | applicant, and which indicates that the necessary commitments of |
| 4407 | local financial support for the applicant exist. Before Prior to |
| 4408 | the adoption of the resolution, the county commission may review |
| 4409 | the proposed public or private sources of such support and |
| 4410 | determine whether the proposed sources of local financial |
| 4411 | support can be provided or, for any applicant whose project is |
| 4412 | located in a county designated by the Rural Economic Development |
| 4413 | Initiative, a resolution adopted by the county commissioners of |
| 4414 | such county requesting that the applicant's project be exempt |
| 4415 | from the local financial support requirement. |
| 4416 | 12. Any additional information requested by the department |
| 4417 | Office. |
| 4418 | (c) Applications for certification based on the conversion |
| 4419 | of defense production jobs to nondefense production jobs must be |
| 4420 | submitted to the department Office as prescribed by the |
| 4421 | department Office and must include, but are not limited to, the |
| 4422 | following information: |
| 4423 | 1. The applicant's federal employer identification number, |
| 4424 | the applicant's Florida sales tax registration number, and a |
| 4425 | signature of an officer of the applicant. |
| 4426 | 2. The permanent location of the manufacturing, |
| 4427 | assembling, fabricating, research, development, or design |
| 4428 | facility in this state at which the project is or is to be |
| 4429 | located. |
| 4430 | 3. The Department of Defense contract numbers of the |
| 4431 | contract under which the defense production jobs will be |
| 4432 | converted to nondefense production jobs. |
| 4433 | 4. The date the contract was executed, and the date the |
| 4434 | contract is due to expire or is expected to expire, or was |
| 4435 | canceled. |
| 4436 | 5. The commencement date for the nondefense production |
| 4437 | operations in this state. |
| 4438 | 6. The number of net new full-time equivalent Florida jobs |
| 4439 | included in the nondefense production project as of December 31 |
| 4440 | of each year and the average wage of such jobs. |
| 4441 | 7. The total number of full-time equivalent employees |
| 4442 | employed by the applicant in this state. |
| 4443 | 8. The percentage of the applicant's gross receipts |
| 4444 | derived from Department of Defense contracts during the 5 |
| 4445 | taxable years immediately preceding the date the application is |
| 4446 | submitted. |
| 4447 | 9. The number of full-time equivalent jobs in this state |
| 4448 | to be retained by the project. |
| 4449 | 10. A brief statement concerning the applicant's need for |
| 4450 | tax refunds, and the proposed uses of such refunds by the |
| 4451 | applicant. |
| 4452 | 11. A resolution adopted by the governing board of the |
| 4453 | county or municipality in which the project will be located, |
| 4454 | which recommends the applicant be approved as a qualified |
| 4455 | applicant, and which indicates that the necessary commitments of |
| 4456 | local financial support for the applicant exist. Before Prior to |
| 4457 | the adoption of the resolution, the county commission may review |
| 4458 | the proposed public or private sources of such support and |
| 4459 | determine whether the proposed sources of local financial |
| 4460 | support can be provided or, for any applicant whose project is |
| 4461 | located in a county designated by the Rural Economic Development |
| 4462 | Initiative, a resolution adopted by the county commissioners of |
| 4463 | such county requesting that the applicant's project be exempt |
| 4464 | from the local financial support requirement. |
| 4465 | 12. Any additional information requested by the Department |
| 4466 | of Economic Opportunity Office. |
| 4467 | (d) Applications for certification based on a contract for |
| 4468 | reuse of a defense-related facility must be submitted to the |
| 4469 | department Office as prescribed by the department office and |
| 4470 | must include, but are not limited to, the following information: |
| 4471 | 1. The applicant's Florida sales tax registration number |
| 4472 | and a signature of an officer of the applicant. |
| 4473 | 2. The permanent location of the manufacturing, |
| 4474 | assembling, fabricating, research, development, or design |
| 4475 | facility in this state at which the project is or is to be |
| 4476 | located. |
| 4477 | 3. The business entity holding a valid Department of |
| 4478 | Defense contract or branch of the Armed Forces of the United |
| 4479 | States that previously occupied the facility, and the date such |
| 4480 | entity last occupied the facility. |
| 4481 | 4. A copy of the contract to reuse the facility, or such |
| 4482 | alternative proof as may be prescribed by the department office |
| 4483 | that the applicant is seeking to contract for the reuse of such |
| 4484 | facility. |
| 4485 | 5. The date the contract to reuse the facility was |
| 4486 | executed or is expected to be executed, and the date the |
| 4487 | contract is due to expire or is expected to expire. |
| 4488 | 6. The commencement date for project operations under the |
| 4489 | contract in this state. |
| 4490 | 7. The number of net new full-time equivalent Florida jobs |
| 4491 | included in the project as of December 31 of each year and the |
| 4492 | average wage of such jobs. |
| 4493 | 8. The total number of full-time equivalent employees |
| 4494 | employed by the applicant in this state. |
| 4495 | 9. The number of full-time equivalent jobs in this state |
| 4496 | to be retained by the project. |
| 4497 | 10. A brief statement concerning the applicant's need for |
| 4498 | tax refunds, and the proposed uses of such refunds by the |
| 4499 | applicant. |
| 4500 | 11. A resolution adopted by the governing board of the |
| 4501 | county or municipality in which the project will be located, |
| 4502 | which recommends the applicant be approved as a qualified |
| 4503 | applicant, and which indicates that the necessary commitments of |
| 4504 | local financial support for the applicant exist. Before Prior to |
| 4505 | the adoption of the resolution, the county commission may review |
| 4506 | the proposed public or private sources of such support and |
| 4507 | determine whether the proposed sources of local financial |
| 4508 | support can be provided or, for any applicant whose project is |
| 4509 | located in a county designated by the Rural Economic Development |
| 4510 | Initiative, a resolution adopted by the county commissioners of |
| 4511 | such county requesting that the applicant's project be exempt |
| 4512 | from the local financial support requirement. |
| 4513 | 12. Any additional information requested by the department |
| 4514 | Office. |
| 4515 | (e) To qualify for review by the department Office, the |
| 4516 | application of an applicant must, at a minimum, establish the |
| 4517 | following to the satisfaction of the department office: |
| 4518 | 1. The jobs proposed to be provided under the application, |
| 4519 | pursuant to subparagraph (b)6., subparagraph (c)6., or |
| 4520 | subparagraph (j)6., must pay an estimated annual average wage |
| 4521 | equaling at least 115 percent of the average wage in the area |
| 4522 | where the project is to be located. |
| 4523 | 2. The consolidation of a Department of Defense contract |
| 4524 | must result in a net increase of at least 25 percent in the |
| 4525 | number of jobs at the applicant's facilities in this state or |
| 4526 | the addition of at least 80 jobs at the applicant's facilities |
| 4527 | in this state. |
| 4528 | 3. The conversion of defense production jobs to nondefense |
| 4529 | production jobs must result in net increases in nondefense |
| 4530 | employment at the applicant's facilities in this state. |
| 4531 | 4. The Department of Defense contract or the space flight |
| 4532 | business contract cannot allow the business to include the costs |
| 4533 | of relocation or retooling in its base as allowable costs under |
| 4534 | a cost-plus, or similar, contract. |
| 4535 | 5. A business unit of the applicant must have derived not |
| 4536 | less than 60 percent of its gross receipts in this state from |
| 4537 | Department of Defense contracts or space flight business |
| 4538 | contracts over the applicant's last fiscal year, and must have |
| 4539 | derived not less than an average of 60 percent of its gross |
| 4540 | receipts in this state from Department of Defense contracts or |
| 4541 | space flight business contracts over the 5 years preceding the |
| 4542 | date an application is submitted pursuant to this section. This |
| 4543 | subparagraph does not apply to any application for certification |
| 4544 | based on a contract for reuse of a defense-related facility. |
| 4545 | 6. The reuse of a defense-related facility must result in |
| 4546 | the creation of at least 100 jobs at such facility. |
| 4547 | 7. A new space flight business contract or the |
| 4548 | consolidation of a space flight business contract must result in |
| 4549 | net increases in space flight business employment at the |
| 4550 | applicant's facilities in this state. |
| 4551 | (f) Each application meeting the requirements of |
| 4552 | paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d) |
| 4553 | and (e), or paragraphs (e) and (j) must be submitted to the |
| 4554 | department office for a determination of eligibility. The |
| 4555 | department Office shall review and evaluate each application |
| 4556 | based on, but not limited to, the following criteria: |
| 4557 | 1. Expected contributions to the state strategic economic |
| 4558 | development plan adopted by Enterprise Florida, Inc., taking |
| 4559 | into account the extent to which the project contributes to the |
| 4560 | state's high-technology base, and the long-term impact of the |
| 4561 | project and the applicant on the state's economy. |
| 4562 | 2. The economic benefit of the jobs created or retained by |
| 4563 | the project in this state, taking into account the cost and |
| 4564 | average wage of each job created or retained, and the potential |
| 4565 | risk to existing jobs. |
| 4566 | 3. The amount of capital investment to be made by the |
| 4567 | applicant in this state. |
| 4568 | 4. The local commitment and support for the project and |
| 4569 | applicant. |
| 4570 | 5. The impact of the project on the local community, |
| 4571 | taking into account the unemployment rate for the county where |
| 4572 | the project will be located. |
| 4573 | 6. The dependence of the local community on the defense |
| 4574 | industry or space flight business. |
| 4575 | 7. The impact of any tax refunds granted pursuant to this |
| 4576 | section on the viability of the project and the probability that |
| 4577 | the project will occur in this state if such tax refunds are |
| 4578 | granted to the applicant, taking into account the expected long- |
| 4579 | term commitment of the applicant to economic growth and |
| 4580 | employment in this state. |
| 4581 | 8. The length of the project, or the expected long-term |
| 4582 | commitment to this state resulting from the project. |
| 4583 | (g) Applications shall be reviewed and certified pursuant |
| 4584 | to s. 288.061. If appropriate, the Governor director shall enter |
| 4585 | into a written agreement with the qualified applicant pursuant |
| 4586 | to subsection (4). |
| 4587 | (h) The department director may not certify any applicant |
| 4588 | as a qualified applicant when the value of tax refunds to be |
| 4589 | included in that letter of certification exceeds the available |
| 4590 | amount of authority to certify new businesses as determined in |
| 4591 | s. 288.095(3). A letter of certification that approves an |
| 4592 | application must specify the maximum amount of a tax refund that |
| 4593 | is to be available to the contractor for each fiscal year and |
| 4594 | the total amount of tax refunds for all fiscal years. |
| 4595 | (i) This section does not create a presumption that an |
| 4596 | applicant should receive any tax refunds under this section. |
| 4597 | (j) Applications for certification based upon a new space |
| 4598 | flight business contract or the consolidation of a space flight |
| 4599 | business contract must be submitted to the department office as |
| 4600 | prescribed by the department office and must include, but are |
| 4601 | not limited to, the following information: |
| 4602 | 1. The applicant's federal employer identification number, |
| 4603 | the applicant's Florida sales tax registration number, and a |
| 4604 | signature of an officer of the applicant. |
| 4605 | 2. The permanent location of the space flight business |
| 4606 | facility in this state where the project is or will be located. |
| 4607 | 3. The new space flight business contract number, the |
| 4608 | space flight business contract numbers of the contract to be |
| 4609 | consolidated, or the request-for-proposal number of a proposed |
| 4610 | space flight business contract. |
| 4611 | 4. The date the contract was executed and the date the |
| 4612 | contract is due to expire, is expected to expire, or was |
| 4613 | canceled. |
| 4614 | 5. The commencement date for project operations under the |
| 4615 | contract in this state. |
| 4616 | 6. The number of net new full-time equivalent Florida jobs |
| 4617 | included in the project as of December 31 of each year and the |
| 4618 | average wage of such jobs. |
| 4619 | 7. The total number of full-time equivalent employees |
| 4620 | employed by the applicant in this state. |
| 4621 | 8. The percentage of the applicant's gross receipts |
| 4622 | derived from space flight business contracts during the 5 |
| 4623 | taxable years immediately preceding the date the application is |
| 4624 | submitted. |
| 4625 | 9. The number of full-time equivalent jobs in this state |
| 4626 | to be retained by the project. |
| 4627 | 10. A brief statement concerning the applicant's need for |
| 4628 | tax refunds and the proposed uses of such refunds by the |
| 4629 | applicant. |
| 4630 | 11. A resolution adopted by the governing board of the |
| 4631 | county or municipality in which the project will be located |
| 4632 | which recommends the applicant be approved as a qualified |
| 4633 | applicant and indicates that the necessary commitments of local |
| 4634 | financial support for the applicant exist. Before Prior to the |
| 4635 | adoption of the resolution, the county commission may review the |
| 4636 | proposed public or private sources of such support and determine |
| 4637 | whether the proposed sources of local financial support can be |
| 4638 | provided or, for any applicant whose project is located in a |
| 4639 | county designated by the Rural Economic Development Initiative, |
| 4640 | a resolution adopted by the county commissioners of such county |
| 4641 | requesting that the applicant's project be exempt from the local |
| 4642 | financial support requirement. |
| 4643 | 12. Any additional information requested by the department |
| 4644 | office. |
| 4645 | (4) QUALIFIED APPLICANT TAX REFUND AGREEMENT.- |
| 4646 | (a) A qualified applicant shall enter into a written |
| 4647 | agreement with the Governor Office containing, but not limited |
| 4648 | to, the following: |
| 4649 | 1. The total number of full-time equivalent jobs in this |
| 4650 | state that are or will be dedicated to the qualified applicant's |
| 4651 | project, the average wage of such jobs, the definitions that |
| 4652 | will apply for measuring the achievement of these terms during |
| 4653 | the pendency of the agreement, and a time schedule or plan for |
| 4654 | when such jobs will be in place and active in this state. |
| 4655 | 2. The maximum amount of a refund that the qualified |
| 4656 | applicant is eligible to receive for each fiscal year, based on |
| 4657 | the job creation or retention and maintenance schedule specified |
| 4658 | in subparagraph 1. |
| 4659 | 3. An agreement with the Governor Office allowing the |
| 4660 | department Office to review and verify the financial and |
| 4661 | personnel records of the qualified applicant to ascertain |
| 4662 | whether the qualified applicant is complying with the |
| 4663 | requirements of this section. |
| 4664 | 4. The date by which, in each fiscal year, the qualified |
| 4665 | applicant may file a claim pursuant to subsection (5) to be |
| 4666 | considered to receive a tax refund in the following fiscal year. |
| 4667 | 5. That local financial support shall be annually |
| 4668 | available and will be paid to the Economic Development Trust |
| 4669 | Fund. |
| 4670 | (b) Compliance with the terms and conditions of the |
| 4671 | agreement is a condition precedent for receipt of tax refunds |
| 4672 | each year. The failure to comply with the terms and conditions |
| 4673 | of the agreement shall result in the loss of eligibility for |
| 4674 | receipt of all tax refunds previously authorized pursuant to |
| 4675 | this section, and the revocation of the certification as a |
| 4676 | qualified applicant by the department director, unless the |
| 4677 | qualified applicant is eligible to receive and elects to accept |
| 4678 | a prorated refund under paragraph (5)(g) or the department |
| 4679 | Office grants the qualified applicant an economic-stimulus |
| 4680 | exemption. |
| 4681 | 1. A qualified applicant may submit, in writing, a request |
| 4682 | to the department Office for an economic-stimulus exemption. The |
| 4683 | request must provide quantitative evidence demonstrating how |
| 4684 | negative economic conditions in the qualified applicant's |
| 4685 | industry, the effects of the impact of a named hurricane or |
| 4686 | tropical storm, or specific acts of terrorism affecting the |
| 4687 | qualified applicant have prevented the qualified applicant from |
| 4688 | complying with the terms and conditions of its tax refund |
| 4689 | agreement. |
| 4690 | 2. Upon receipt of a request under subparagraph 1., the |
| 4691 | department director shall have 45 days to notify the requesting |
| 4692 | qualified applicant, in writing, if its exemption has been |
| 4693 | granted or denied by the Governor. In determining if an |
| 4694 | exemption should be granted, the department director shall |
| 4695 | consider the extent to which negative economic conditions in the |
| 4696 | requesting qualified applicant's industry, the effects of the |
| 4697 | impact of a named hurricane or tropical storm, or specific acts |
| 4698 | of terrorism affecting the qualified applicant have prevented |
| 4699 | the qualified applicant from complying with the terms and |
| 4700 | conditions of its tax refund agreement. |
| 4701 | 3. As a condition for receiving a prorated refund under |
| 4702 | paragraph (5)(g) or an economic-stimulus exemption under this |
| 4703 | paragraph, a qualified applicant must agree to renegotiate its |
| 4704 | tax refund agreement with the Governor Office to, at a minimum, |
| 4705 | ensure that the terms of the agreement comply with current law |
| 4706 | and the Office procedures of the department governing |
| 4707 | application for and award of tax refunds. Upon approving the |
| 4708 | award of a prorated refund or granting an economic-stimulus |
| 4709 | exemption, the Governor, through the department, Office shall |
| 4710 | renegotiate the tax refund agreement with the qualified |
| 4711 | applicant as required by this subparagraph. When amending the |
| 4712 | agreement of a qualified applicant receiving an economic- |
| 4713 | stimulus exemption, the department Office may extend the |
| 4714 | duration of the agreement for a period not to exceed 2 years. |
| 4715 | 4. A qualified applicant may submit a request for an |
| 4716 | economic-stimulus exemption to the Office in lieu of any tax |
| 4717 | refund claim scheduled to be submitted after January 1, 2005, |
| 4718 | but before July 1, 2006. |
| 4719 | 4.5. A qualified applicant that receives an economic- |
| 4720 | stimulus exemption may not receive a tax refund for the period |
| 4721 | covered by the exemption. |
| 4722 | (c) The agreement shall be signed by the Governor director |
| 4723 | and the authorized officer of the qualified applicant. |
| 4724 | (d) The agreement must contain the following legend, |
| 4725 | clearly printed on its face in bold type of not less than 10 |
| 4726 | points: |
| 4727 |
|
| 4728 | "This agreement is neither a general obligation of the |
| 4729 | State of Florida, nor is it backed by the full faith |
| 4730 | and credit of the State of Florida. Payment of tax |
| 4731 | refunds are conditioned on and subject to specific |
| 4732 | annual appropriations by the Florida Legislature of |
| 4733 | funds sufficient to pay amounts authorized in s. |
| 4734 | 288.1045, Florida Statutes." |
| 4735 |
|
| 4736 | (5) ANNUAL CLAIM FOR REFUND.- |
| 4737 | (a) To be eligible to claim any scheduled tax refund, |
| 4738 | qualified applicants who have entered into a written agreement |
| 4739 | with the Governor Office pursuant to subsection (4) and who have |
| 4740 | entered into a valid new Department of Defense contract, entered |
| 4741 | into a valid new space flight business contract, commenced the |
| 4742 | consolidation of a space flight business contract, commenced the |
| 4743 | consolidation of a Department of Defense contract, commenced the |
| 4744 | conversion of defense production jobs to nondefense production |
| 4745 | jobs, or entered into a valid contract for reuse of a defense- |
| 4746 | related facility must apply by January 31 of each fiscal year to |
| 4747 | the department Office for tax refunds scheduled to be paid from |
| 4748 | the appropriation for the fiscal year that begins on July 1 |
| 4749 | following the January 31 claims-submission date. The department |
| 4750 | Office may, upon written request, grant a 30-day extension of |
| 4751 | the filing date. The application must include a notarized |
| 4752 | signature of an officer of the applicant. |
| 4753 | (d) The Governor, through the department, director, with |
| 4754 | assistance from the Office, the Department of Revenue, and the |
| 4755 | Agency for Workforce Innovation, shall, by June 30 following the |
| 4756 | scheduled date for submitting the tax refund claim, specify by |
| 4757 | written order the approval or disapproval of the tax refund |
| 4758 | claim and, if approved, the amount of the tax refund that is |
| 4759 | authorized to be paid to the qualified applicant for the annual |
| 4760 | tax refund. The department Office may grant an extension of this |
| 4761 | date upon the request of the qualified applicant for the purpose |
| 4762 | of filing additional information in support of the claim. |
| 4763 | (e) The total amount of tax refunds approved by the |
| 4764 | Governor director under this section in any fiscal year may not |
| 4765 | exceed the amount authorized under s. 288.095(3). |
| 4766 | (g) A prorated tax refund, less a 5 percent penalty, shall |
| 4767 | be approved for a qualified applicant provided all other |
| 4768 | applicable requirements have been satisfied and the applicant |
| 4769 | proves to the satisfaction of the department director that it |
| 4770 | has achieved at least 80 percent of its projected employment and |
| 4771 | that the average wage paid by the qualified applicant is at |
| 4772 | least 90 percent of the average wage specified in the tax refund |
| 4773 | agreement, but in no case less than 115 percent of the average |
| 4774 | private sector wage in the area available at the time of |
| 4775 | certification. The prorated tax refund shall be calculated by |
| 4776 | multiplying the tax refund amount for which the qualified |
| 4777 | applicant would have been eligible, if all applicable |
| 4778 | requirements had been satisfied, by the percentage of the |
| 4779 | average employment specified in the tax refund agreement which |
| 4780 | was achieved, and by the percentage of the average wages |
| 4781 | specified in the tax refund agreement which was achieved. |
| 4782 | (6) ADMINISTRATION.- |
| 4783 | (a) The department Office may adopt rules pursuant to |
| 4784 | chapter 120 for the administration of this section. |
| 4785 | (b) The department Office may verify information provided |
| 4786 | in any claim submitted for tax credits under this section with |
| 4787 | regard to employment and wage levels or the payment of the taxes |
| 4788 | with the appropriate agency or authority including the |
| 4789 | Department of Revenue, the Department of Economic Opportunity |
| 4790 | Agency for Workforce Innovation, or any local government or |
| 4791 | authority. |
| 4792 | (c) To facilitate the process of monitoring and auditing |
| 4793 | applications made under this program, the department Office may |
| 4794 | provide a list of qualified applicants to the Department of |
| 4795 | Revenue, to the Agency for Workforce Innovation, or to any local |
| 4796 | government or authority. The department Office may request the |
| 4797 | assistance of said entities with respect to monitoring jobs, |
| 4798 | wages, and the payment of the taxes listed in subsection (2). |
| 4799 | (7) Notwithstanding paragraphs (4)(a) and (5)(c), the |
| 4800 | Office may approve a waiver of the local financial support |
| 4801 | requirement for a business located in any of the following |
| 4802 | counties in which businesses received emergency loans |
| 4803 | administered by the Office in response to the named hurricanes |
| 4804 | of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler, |
| 4805 | Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee, |
| 4806 | Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk, |
| 4807 | Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A |
| 4808 | waiver may be granted only if the Office determines that the |
| 4809 | local financial support cannot be provided or that doing so |
| 4810 | would effect a demonstrable hardship on the unit of local |
| 4811 | government providing the local financial support. If the Office |
| 4812 | grants a waiver of the local financial support requirement, the |
| 4813 | state shall pay 100 percent of the refund due to an eligible |
| 4814 | business. The waiver shall apply for tax refund applications |
| 4815 | made for fiscal years 2004-2005, 2005-2006, and 2006-2007. |
| 4816 | (7)(8) EXPIRATION.-An applicant may not be certified as |
| 4817 | qualified under this section after June 30, 2014. A tax refund |
| 4818 | agreement existing on that date shall continue in effect in |
| 4819 | accordance with its terms. |
| 4820 | Section 67. Present paragraphs (d), (f), (n), (p), (q), |
| 4821 | (r), and (t) of subsection (2), paragraphs (a), (b), (e), and |
| 4822 | (f) of subsection (3), subsection (4), paragraphs (a), (b), and |
| 4823 | (c) of subsection (5), paragraphs (a), (c), (f), and (g) of |
| 4824 | subsection (6), and subsection (7) of section 288.106, Florida |
| 4825 | Statutes, are amended, and present paragraphs (g) through (m), |
| 4826 | (o) and (p), and (r) through (u) of subsection (2) are |
| 4827 | redesignated as paragraphs (f) through (i), (m) and (n), and (o) |
| 4828 | through (r), respectively, to read: |
| 4829 | 288.106 Tax refund program for qualified target industry |
| 4830 | businesses.- |
| 4831 | (2) DEFINITIONS.-As used in this section: |
| 4832 | (d) "Business" means an employing unit, as defined in s. |
| 4833 | 443.036, that is registered for unemployment compensation |
| 4834 | purposes with the Department of Revenue as the state agency |
| 4835 | providing unemployment tax collection services under contract |
| 4836 | with the Agency for Workforce Innovation through an interagency |
| 4837 | agreement with the Department of Economic Opportunity pursuant |
| 4838 | to s. 443.1316, or a subcategory or division of an employing |
| 4839 | unit that is accepted by the state agency providing unemployment |
| 4840 | tax collection services as a reporting unit by the Department of |
| 4841 | Revenue. |
| 4842 | (f) "Director" means the Director of the Office of |
| 4843 | Tourism, Trade, and Economic Development. |
| 4844 | (n) "Office" means the Office of Tourism, Trade, and |
| 4845 | Economic Development. |
| 4846 | (n)(p) "Qualified target industry business" means a target |
| 4847 | industry business approved by the department Office to be |
| 4848 | eligible for tax refunds under this section. |
| 4849 | (q) "Return on investment" means the gain in state |
| 4850 | revenues as a percentage of the state's investment. The state's |
| 4851 | investment includes state grants, tax exemptions, tax refunds, |
| 4852 | tax credits, and other state incentives. |
| 4853 | (o)(r) "Rural city" means a city having a population of |
| 4854 | 10,000 or fewer, or a city having a population of greater than |
| 4855 | 10,000 but fewer than 20,000 that has been determined by the |
| 4856 | department Office to have economic characteristics such as, but |
| 4857 | not limited to, a significant percentage of residents on public |
| 4858 | assistance, a significant percentage of residents with income |
| 4859 | below the poverty level, or a significant percentage of the |
| 4860 | city's employment base in agriculture-related industries. |
| 4861 | (q)(t) "Target industry business" means a corporate |
| 4862 | headquarters business or any business that is engaged in one of |
| 4863 | the target industries identified pursuant to the following |
| 4864 | criteria developed by the department Office in consultation with |
| 4865 | Enterprise Florida, Inc.: |
| 4866 | 1. Future growth.-Industry forecasts should indicate |
| 4867 | strong expectation for future growth in both employment and |
| 4868 | output, according to the most recent available data. Special |
| 4869 | consideration should be given to businesses that export goods |
| 4870 | to, or provide services in, international markets and businesses |
| 4871 | that replace domestic and international imports of goods or |
| 4872 | services. |
| 4873 | 2. Stability.-The industry should not be subject to |
| 4874 | periodic layoffs, whether due to seasonality or sensitivity to |
| 4875 | volatile economic variables such as weather. The industry should |
| 4876 | also be relatively resistant to recession, so that the demand |
| 4877 | for products of this industry is not typically subject to |
| 4878 | decline during an economic downturn. |
| 4879 | 3. High wage.-The industry should pay relatively high |
| 4880 | wages compared to statewide or area averages. |
| 4881 | 4. Market and resource independent.-The location of |
| 4882 | industry businesses should not be dependent on Florida markets |
| 4883 | or resources as indicated by industry analysis, except for |
| 4884 | businesses in the renewable energy industry. |
| 4885 | 5. Industrial base diversification and strengthening.-The |
| 4886 | industry should contribute toward expanding or diversifying the |
| 4887 | state's or area's economic base, as indicated by analysis of |
| 4888 | employment and output shares compared to national and regional |
| 4889 | trends. Special consideration should be given to industries that |
| 4890 | strengthen regional economies by adding value to basic products |
| 4891 | or building regional industrial clusters as indicated by |
| 4892 | industry analysis. Special consideration should also be given to |
| 4893 | the development of strong industrial clusters that include |
| 4894 | defense and homeland security businesses. |
| 4895 | 6. Positive economic impact benefits.-The industry is |
| 4896 | expected to have strong positive economic impacts on or benefits |
| 4897 | to the state or regional economies. |
| 4898 |
|
| 4899 | The term does not include any business engaged in retail |
| 4900 | industry activities; any electrical utility company; any |
| 4901 | phosphate or other solid minerals severance, mining, or |
| 4902 | processing operation; any oil or gas exploration or production |
| 4903 | operation; or any business subject to regulation by the Division |
| 4904 | of Hotels and Restaurants of the Department of Business and |
| 4905 | Professional Regulation. Any business within NAICS code 5611 or |
| 4906 | 5614, office administrative services and business support |
| 4907 | services, respectively, may be considered a target industry |
| 4908 | business only after the local governing body and Enterprise |
| 4909 | Florida, Inc., make a determination that the community where the |
| 4910 | business may locate has conditions affecting the fiscal and |
| 4911 | economic viability of the local community or area, including but |
| 4912 | not limited to, factors such as low per capita income, high |
| 4913 | unemployment, high underemployment, and a lack of year-round |
| 4914 | stable employment opportunities, and such conditions may be |
| 4915 | improved by the location of such a business to the community. By |
| 4916 | January 1 of every 3rd year, beginning January 1, 2011, the |
| 4917 | department Office, in consultation with Enterprise Florida, |
| 4918 | Inc., economic development organizations, the State University |
| 4919 | System, local governments, employee and employer organizations, |
| 4920 | market analysts, and economists, shall review and, as |
| 4921 | appropriate, revise the list of such target industries and |
| 4922 | submit the list to the Governor, the President of the Senate, |
| 4923 | and the Speaker of the House of Representatives. |
| 4924 | (3) TAX REFUND; ELIGIBLE AMOUNTS.- |
| 4925 | (a) There shall be allowed, from the account, a refund to |
| 4926 | a qualified target industry business for the amount of eligible |
| 4927 | taxes certified by the department Office that were paid by the |
| 4928 | business. The total amount of refunds for all fiscal years for |
| 4929 | each qualified target industry business must be determined |
| 4930 | pursuant to subsection (4). The annual amount of a refund to a |
| 4931 | qualified target industry business must be determined pursuant |
| 4932 | to subsection (6). |
| 4933 | (b)1. Upon approval by the Governor Office, a qualified |
| 4934 | target industry business shall be allowed tax refund payments |
| 4935 | equal to $3,000 multiplied by the number of jobs specified in |
| 4936 | the tax refund agreement under subparagraph (5)(a)1., or equal |
| 4937 | to $6,000 multiplied by the number of jobs if the project is |
| 4938 | located in a rural community or an enterprise zone. |
| 4939 | 2. A qualified target industry business shall be allowed |
| 4940 | additional tax refund payments equal to $1,000 multiplied by the |
| 4941 | number of jobs specified in the tax refund agreement under |
| 4942 | subparagraph (5)(a)1. if such jobs pay an annual average wage of |
| 4943 | at least 150 percent of the average private sector wage in the |
| 4944 | area, or equal to $2,000 multiplied by the number of jobs if |
| 4945 | such jobs pay an annual average wage of at least 200 percent of |
| 4946 | the average private sector wage in the area. |
| 4947 | 3. A qualified target industry business shall be allowed |
| 4948 | tax refund payments in addition to the other payments authorized |
| 4949 | in this paragraph equal to $1,000 multiplied by the number of |
| 4950 | jobs specified in the tax refund agreement under subparagraph |
| 4951 | (5)(a)1. if the local financial support is equal to that of the |
| 4952 | state's incentive award under subparagraph 1. |
| 4953 | 4. In addition to the other tax refund payments authorized |
| 4954 | in this paragraph, a qualified target industry business shall be |
| 4955 | allowed a tax refund payment equal to $2,000 multiplied by the |
| 4956 | number of jobs specified in the tax refund agreement under |
| 4957 | subparagraph (5)(a)1. if the business: |
| 4958 | a. Falls within one of the high-impact sectors designated |
| 4959 | under s. 288.108; or |
| 4960 | b. Increases exports of its goods through a seaport or |
| 4961 | airport in the state by at least 10 percent in value or tonnage |
| 4962 | in each of the years that the business receives a tax refund |
| 4963 | under this section. For purposes of this sub-subparagraph, |
| 4964 | seaports in the state are limited to the ports of Jacksonville, |
| 4965 | Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm |
| 4966 | Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg, |
| 4967 | Pensacola, Fernandina, and Key West. |
| 4968 | (e) However, a qualified target industry business may not |
| 4969 | receive a refund under this section for any amount of credit, |
| 4970 | refund, or exemption previously granted to that business for any |
| 4971 | of the taxes listed in paragraph (d). If a refund for such taxes |
| 4972 | is provided by the department office, which taxes are |
| 4973 | subsequently adjusted by the application of any credit, refund, |
| 4974 | or exemption granted to the qualified target industry business |
| 4975 | other than as provided in this section, the business shall |
| 4976 | reimburse the account for the amount of that credit, refund, or |
| 4977 | exemption. A qualified target industry business shall notify and |
| 4978 | tender payment to the department office within 20 days after |
| 4979 | receiving any credit, refund, or exemption other than one |
| 4980 | provided in this section. |
| 4981 | (f) Refunds made available under this section may not be |
| 4982 | expended in connection with the relocation of a business from |
| 4983 | one community to another community in the state unless the |
| 4984 | department Office determines that, without such relocation, the |
| 4985 | business will move outside the state or determines that the |
| 4986 | business has a compelling economic rationale for relocation and |
| 4987 | that the relocation will create additional jobs. |
| 4988 | (4) APPLICATION AND APPROVAL PROCESS.- |
| 4989 | (a) To apply for certification as a qualified target |
| 4990 | industry business under this section, the business must file an |
| 4991 | application with the department Office before the business |
| 4992 | decides to locate in this state or before the business decides |
| 4993 | to expand its existing operations in this state. The application |
| 4994 | must include, but need not be limited to, the following |
| 4995 | information: |
| 4996 | 1. The applicant's federal employer identification number |
| 4997 | and, if applicable, state sales tax registration number. |
| 4998 | 2. The proposed permanent location of the applicant's |
| 4999 | facility in this state at which the project is to be located. |
| 5000 | 3. A description of the type of business activity or |
| 5001 | product covered by the project, including a minimum of a five- |
| 5002 | digit NAICS code for all activities included in the project. As |
| 5003 | used in this paragraph, "NAICS" means those classifications |
| 5004 | contained in the North American Industry Classification System, |
| 5005 | as published in 2007 by the Office of Management and Budget, |
| 5006 | Executive Office of the President, and updated periodically. |
| 5007 | 4. The proposed number of net new full-time equivalent |
| 5008 | Florida jobs at the qualified target industry business as of |
| 5009 | December 31 of each year included in the project and the average |
| 5010 | wage of those jobs. If more than one type of business activity |
| 5011 | or product is included in the project, the number of jobs and |
| 5012 | average wage for those jobs must be separately stated for each |
| 5013 | type of business activity or product. |
| 5014 | 5. The total number of full-time equivalent employees |
| 5015 | employed by the applicant in this state, if applicable. |
| 5016 | 6. The anticipated commencement date of the project. |
| 5017 | 7. A brief statement explaining the role that the |
| 5018 | estimated tax refunds to be requested will play in the decision |
| 5019 | of the applicant to locate or expand in this state. |
| 5020 | 8. An estimate of the proportion of the sales resulting |
| 5021 | from the project that will be made outside this state. |
| 5022 | 9. An estimate of the proportion of the cost of the |
| 5023 | machinery and equipment, and any other resources necessary in |
| 5024 | the development of its product or service, to be used by the |
| 5025 | business in its Florida operations which will be purchased |
| 5026 | outside this state. |
| 5027 | 10. A resolution adopted by the governing board of the |
| 5028 | county or municipality in which the project will be located, |
| 5029 | which resolution recommends that the project be approved as a |
| 5030 | qualified target industry business and specifies that the |
| 5031 | commitments of local financial support necessary for the target |
| 5032 | industry business exist. Before the passage of such resolution, |
| 5033 | the department office may also accept an official letter from an |
| 5034 | authorized local economic development agency that endorses the |
| 5035 | proposed target industry project and pledges that sources of |
| 5036 | local financial support for such project exist. For the purposes |
| 5037 | of making pledges of local financial support under this |
| 5038 | subparagraph, the authorized local economic development agency |
| 5039 | shall be officially designated by the passage of a one-time |
| 5040 | resolution by the local governing board. |
| 5041 | 11. Any additional information requested by the department |
| 5042 | Office. |
| 5043 | (b) To qualify for review by the department Office, the |
| 5044 | application of a target industry business must, at a minimum, |
| 5045 | establish the following to the satisfaction of the department |
| 5046 | office: |
| 5047 | 1.a. The jobs proposed to be created under the |
| 5048 | application, pursuant to subparagraph (a)4., must pay an |
| 5049 | estimated annual average wage equaling at least 115 percent of |
| 5050 | the average private sector wage in the area where the business |
| 5051 | is to be located or the statewide private sector average wage. |
| 5052 | The governing board of the local governmental entity providing |
| 5053 | the local financial support of the jurisdiction county where the |
| 5054 | qualified target industry business is to be located shall notify |
| 5055 | the department Office and Enterprise Florida, Inc., which |
| 5056 | calculation of the average private sector wage in the area must |
| 5057 | be used as the basis for the business's wage commitment. In |
| 5058 | determining the average annual wage, the department Office shall |
| 5059 | include only new proposed jobs, and wages for existing jobs |
| 5060 | shall be excluded from this calculation. |
| 5061 | b. The Governor Office may waive the average wage |
| 5062 | requirement at the request of the local governing body |
| 5063 | recommending the project and Enterprise Florida, Inc. The |
| 5064 | Governor Office may waive the wage requirement for a project |
| 5065 | located in a brownfield area designated under s. 376.80, in a |
| 5066 | rural city, in a rural community, in an enterprise zone, or for |
| 5067 | a manufacturing project at any location in the state if the jobs |
| 5068 | proposed to be created pay an estimated annual average wage |
| 5069 | equaling at least 100 percent of the average private sector wage |
| 5070 | in the area where the business is to be located, only if the |
| 5071 | merits of the individual project or the specific circumstances |
| 5072 | in the community in relationship to the project warrant such |
| 5073 | action. If the local governing body makes and Enterprise |
| 5074 | Florida, Inc., make such a recommendation, it must be |
| 5075 | transmitted in writing, and the specific justification for the |
| 5076 | waiver recommendation must be explained. If the Governor Office |
| 5077 | elects to waive the wage requirement, the waiver must be stated |
| 5078 | in writing, and the reasons for granting the waiver must be |
| 5079 | explained. |
| 5080 | 2. The target industry business's project must result in |
| 5081 | the creation of at least 10 jobs at the project and, in the case |
| 5082 | of an expansion of an existing business, must result in a net |
| 5083 | increase in employment of at least 10 percent at the business. |
| 5084 | At the request of the local governing body recommending the |
| 5085 | project and Enterprise Florida, Inc., the Governor Office may |
| 5086 | waive this requirement for a business in a rural community or |
| 5087 | enterprise zone if the merits of the individual project or the |
| 5088 | specific circumstances in the community in relationship to the |
| 5089 | project warrant such action. If the local governing body makes |
| 5090 | and Enterprise Florida, Inc., make such a request, the request |
| 5091 | must be transmitted in writing, and the specific justification |
| 5092 | for the request must be explained. If the Governor Office elects |
| 5093 | to grant the request, the grant must be stated in writing, and |
| 5094 | the reason for granting the request must be explained. |
| 5095 | 3. The business activity or product for the applicant's |
| 5096 | project must be within an industry identified by the department |
| 5097 | Office as a target industry business that contributes to the |
| 5098 | economic growth of the state and the area in which the business |
| 5099 | is located, that produces a higher standard of living for |
| 5100 | residents of this state in the new global economy, or that can |
| 5101 | be shown to make an equivalent contribution to the area's and |
| 5102 | state's economic progress. |
| 5103 | (c) Each application meeting the requirements of paragraph |
| 5104 | (b) must be submitted to the department Office for determination |
| 5105 | of eligibility. The department Office shall review and evaluate |
| 5106 | each application based on, but not limited to, the following |
| 5107 | criteria: |
| 5108 | 1. Expected contributions to the state's economy, |
| 5109 | consistent with the state strategic economic development plan |
| 5110 | prepared by the department adopted by Enterprise Florida, Inc. |
| 5111 | 2. The economic benefits return on investment of the |
| 5112 | proposed award of tax refunds under this section and the |
| 5113 | economic benefits of return on investment for state incentives |
| 5114 | proposed for the project. The term "economic benefits" has the |
| 5115 | same meaning as provided in s. 288.005(1). The Office of |
| 5116 | Economic and Demographic Research shall review and evaluate the |
| 5117 | methodology and model used to calculate the economic benefits |
| 5118 | return on investment and shall report its findings by September |
| 5119 | 1 of every 3rd year, beginning September 1, 2010, to the |
| 5120 | President of the Senate and the Speaker of the House of |
| 5121 | Representatives. |
| 5122 | 3. The amount of capital investment to be made by the |
| 5123 | applicant in this state. |
| 5124 | 4. The local financial commitment and support for the |
| 5125 | project. |
| 5126 | 5. The effect of the project on the unemployment rate in |
| 5127 | the county where the project will be located. |
| 5128 | 6. The effect of the award on the viability of the project |
| 5129 | and the probability that the project would be undertaken in this |
| 5130 | state if such tax refunds are granted to the applicant. |
| 5131 | 7. The expected long-term commitment of the applicant to |
| 5132 | economic growth and employment in this state resulting from the |
| 5133 | project. |
| 5134 | 8. A review of the business's past activities in this |
| 5135 | state or other states, including whether such business has been |
| 5136 | subjected to criminal or civil fines and penalties. This |
| 5137 | subparagraph does not require the disclosure of confidential |
| 5138 | information. |
| 5139 | (d) Applications shall be reviewed and certified pursuant |
| 5140 | to s. 288.061. The department Office shall include in its review |
| 5141 | projections of the tax refunds the business would be eligible to |
| 5142 | receive in each fiscal year based on the creation and |
| 5143 | maintenance of the net new Florida jobs specified in |
| 5144 | subparagraph (a)4. as of December 31 of the preceding state |
| 5145 | fiscal year. If appropriate, the Governor Office shall enter |
| 5146 | into a written agreement with the qualified target industry |
| 5147 | business pursuant to subsection (5). |
| 5148 | (e) The department Office may not certify any target |
| 5149 | industry business as a qualified target industry business if the |
| 5150 | value of tax refunds to be included in that letter of |
| 5151 | certification exceeds the available amount of authority to |
| 5152 | certify new businesses as determined in s. 288.095(3). However, |
| 5153 | if the commitments of local financial support represent less |
| 5154 | than 20 percent of the eligible tax refund payments, or to |
| 5155 | otherwise preserve the viability and fiscal integrity of the |
| 5156 | program, the department office may certify a qualified target |
| 5157 | industry business to receive tax refund payments of less than |
| 5158 | the allowable amounts specified in paragraph (3)(b). A letter of |
| 5159 | certification that approves an application must specify the |
| 5160 | maximum amount of tax refund that will be available to the |
| 5161 | qualified industry business in each fiscal year and the total |
| 5162 | amount of tax refunds that will be available to the business for |
| 5163 | all fiscal years. |
| 5164 | (f) This section does not create a presumption that an |
| 5165 | applicant will receive any tax refunds under this section. |
| 5166 | However, the department Office may issue nonbinding opinion |
| 5167 | letters, upon the request of prospective applicants, as to the |
| 5168 | applicants' eligibility and the potential amount of refunds. |
| 5169 | (5) TAX REFUND AGREEMENT.- |
| 5170 | (a) Each qualified target industry business must enter |
| 5171 | into a written agreement with the Governor Office that |
| 5172 | specifies, at a minimum: |
| 5173 | 1. The total number of full-time equivalent jobs in this |
| 5174 | state that will be dedicated to the project, the average wage of |
| 5175 | those jobs, the definitions that will apply for measuring the |
| 5176 | achievement of these terms during the pendency of the agreement, |
| 5177 | and a time schedule or plan for when such jobs will be in place |
| 5178 | and active in this state. |
| 5179 | 2. The maximum amount of tax refunds that the qualified |
| 5180 | target industry business is eligible to receive on the project |
| 5181 | and the maximum amount of a tax refund that the qualified target |
| 5182 | industry business is eligible to receive for each fiscal year, |
| 5183 | based on the job creation and maintenance schedule specified in |
| 5184 | subparagraph 1. |
| 5185 | 3. That the department Office may review and verify the |
| 5186 | financial and personnel records of the qualified target industry |
| 5187 | business to ascertain whether that business is in compliance |
| 5188 | with this section. |
| 5189 | 4. The date by which, in each fiscal year, the qualified |
| 5190 | target industry business may file a claim under subsection (6) |
| 5191 | to be considered to receive a tax refund in the following fiscal |
| 5192 | year. |
| 5193 | 5. That local financial support will be annually available |
| 5194 | and will be paid to the account. The Governor Office may not |
| 5195 | enter into a written agreement with a qualified target industry |
| 5196 | business if the local financial support resolution is not passed |
| 5197 | by the local governing body within 90 days after the department |
| 5198 | Office has issued the letter of certification under subsection |
| 5199 | (4). |
| 5200 | 6. That the department Office may conduct a review of the |
| 5201 | business to evaluate whether the business is continuing to |
| 5202 | contribute to the area's or state's economy. |
| 5203 | 7. That in the event the business does not complete the |
| 5204 | agreement, the business will provide the department Office with |
| 5205 | the reasons the business was unable to complete the agreement. |
| 5206 | (b) Compliance with the terms and conditions of the |
| 5207 | agreement is a condition precedent for the receipt of a tax |
| 5208 | refund each year. The failure to comply with the terms and |
| 5209 | conditions of the tax refund agreement results in the loss of |
| 5210 | eligibility for receipt of all tax refunds previously authorized |
| 5211 | under this section and the revocation by the department Office |
| 5212 | of the certification of the business entity as a qualified |
| 5213 | target industry business, unless the business is eligible to |
| 5214 | receive and elects to accept a prorated refund under paragraph |
| 5215 | (6)(e) or the department Office grants the business an economic |
| 5216 | recovery extension. |
| 5217 | 1. A qualified target industry business may submit a |
| 5218 | request to the department Office for an economic recovery |
| 5219 | extension. The request must provide quantitative evidence |
| 5220 | demonstrating how negative economic conditions in the business's |
| 5221 | industry, the effects of a named hurricane or tropical storm, or |
| 5222 | specific acts of terrorism affecting the qualified target |
| 5223 | industry business have prevented the business from complying |
| 5224 | with the terms and conditions of its tax refund agreement. |
| 5225 | 2. Upon receipt of a request under subparagraph 1., the |
| 5226 | department Office has 45 days to notify the requesting business, |
| 5227 | in writing, whether its extension has been granted or denied. In |
| 5228 | determining whether an extension should be granted, the |
| 5229 | department Office shall consider the extent to which negative |
| 5230 | economic conditions in the requesting business's industry have |
| 5231 | occurred in the state or the effects of a named hurricane or |
| 5232 | tropical storm or specific acts of terrorism affecting the |
| 5233 | qualified target industry business have prevented the business |
| 5234 | from complying with the terms and conditions of its tax refund |
| 5235 | agreement. The department Office shall consider current |
| 5236 | employment statistics for this state by industry, including |
| 5237 | whether the business's industry had substantial job loss during |
| 5238 | the prior year, when determining whether an extension shall be |
| 5239 | granted. |
| 5240 | 3. As a condition for receiving a prorated refund under |
| 5241 | paragraph (6)(e) or an economic recovery extension under this |
| 5242 | paragraph, a qualified target industry business must agree to |
| 5243 | renegotiate its tax refund agreement with the Governor Office |
| 5244 | to, at a minimum, ensure that the terms of the agreement comply |
| 5245 | with current law and the department's office procedures |
| 5246 | governing application for and award of tax refunds. Upon |
| 5247 | approving the award of a prorated refund or granting an economic |
| 5248 | recovery extension, the Governor, through the department, Office |
| 5249 | shall renegotiate the tax refund agreement with the business as |
| 5250 | required by this subparagraph. When amending the agreement of a |
| 5251 | business receiving an economic recovery extension, the Governor, |
| 5252 | through the department, Office may extend the duration of the |
| 5253 | agreement for a period not to exceed 2 years. |
| 5254 | 4. A qualified target industry business may submit a |
| 5255 | request for an economic recovery extension to the department |
| 5256 | Office in lieu of any tax refund claim scheduled to be submitted |
| 5257 | after January 1, 2009, but before July 1, 2012. |
| 5258 | 5. A qualified target industry business that receives an |
| 5259 | economic recovery extension may not receive a tax refund for the |
| 5260 | period covered by the extension. |
| 5261 | (c) The agreement must be signed by the Governor director |
| 5262 | and by an authorized officer of the qualified target industry |
| 5263 | business within 120 days after the issuance of the letter of |
| 5264 | certification under subsection (4), but not before passage and |
| 5265 | receipt of the resolution of local financial support. The |
| 5266 | department Office may grant an extension of this period at the |
| 5267 | written request of the qualified target industry business. |
| 5268 | (6) ANNUAL CLAIM FOR REFUND.- |
| 5269 | (a) To be eligible to claim any scheduled tax refund, a |
| 5270 | qualified target industry business that has entered into a tax |
| 5271 | refund agreement with the Governor Office under subsection (5) |
| 5272 | must apply by January 31 of each fiscal year to the department |
| 5273 | office for the tax refund scheduled to be paid from the |
| 5274 | appropriation for the fiscal year that begins on July 1 |
| 5275 | following the January 31 claims-submission date. The department |
| 5276 | Office may, upon written request, grant a 30-day extension of |
| 5277 | the filing date. |
| 5278 | (c) The department Office may waive the requirement for |
| 5279 | proof of taxes paid in future years for a qualified target |
| 5280 | industry business that provides the department office with proof |
| 5281 | that, in a single year, the business has paid an amount of state |
| 5282 | taxes from the categories in paragraph (3)(d) that is at least |
| 5283 | equal to the total amount of tax refunds that the business may |
| 5284 | receive through successful completion of its tax refund |
| 5285 | agreement. |
| 5286 | (f) The Governor Office, with such assistance as may be |
| 5287 | required from the Department of Revenue or the Agency for |
| 5288 | Workforce Innovation, shall, by June 30 following the scheduled |
| 5289 | date for submission of the tax refund claim, specify by written |
| 5290 | order the approval or disapproval of the tax refund claim and, |
| 5291 | if approved, the amount of the tax refund that is authorized to |
| 5292 | be paid to the qualified target industry business for the annual |
| 5293 | tax refund. the department Office may grant an extension of this |
| 5294 | date on the request of the qualified target industry business |
| 5295 | for the purpose of filing additional information in support of |
| 5296 | the claim. |
| 5297 | (g) The total amount of tax refund claims approved |
| 5298 | by the Governor Office under this section in any fiscal year |
| 5299 | must not exceed the amount authorized under s. 288.095(3). |
| 5300 | (7) ADMINISTRATION.- |
| 5301 | (a) The department Office may verify information provided |
| 5302 | in any claim submitted for tax credits under this section with |
| 5303 | regard to employment and wage levels or the payment of the taxes |
| 5304 | to the appropriate agency or authority, including the Department |
| 5305 | of Revenue, the Agency for Workforce Innovation, or any local |
| 5306 | government or authority. |
| 5307 | (b) To facilitate the process of monitoring and auditing |
| 5308 | applications made under this section, the department Office may |
| 5309 | provide a list of qualified target industry businesses to the |
| 5310 | Department of Revenue, to the Agency for Workforce Innovation, |
| 5311 | or to any local government or authority. The department Office |
| 5312 | may request the assistance of those entities with respect to |
| 5313 | monitoring jobs, wages, and the payment of the taxes listed in |
| 5314 | subsection (3). |
| 5315 | (c) Funds specifically appropriated for tax refunds for |
| 5316 | qualified target industry businesses under this section may not |
| 5317 | be used by the department Office for any purpose other than the |
| 5318 | payment of tax refunds authorized by this section. |
| 5319 | (d) Beginning with tax refund agreements signed after July |
| 5320 | 1, 2010, the department Office shall attempt to ascertain the |
| 5321 | causes for any business's failure to complete its agreement and |
| 5322 | shall report its findings and recommendations to the Governor, |
| 5323 | the President of the Senate, and the Speaker of the House of |
| 5324 | Representatives. The report shall be submitted by December 1 of |
| 5325 | each year beginning in 2011. |
| 5326 | Section 68. Paragraphs (d) and (g) of subsection (1), |
| 5327 | subsection (2), paragraphs (a), (b), (f), (g), (h), and (i) of |
| 5328 | subsection (4), and subsection (5) of section 288.107, Florida |
| 5329 | Statutes, are amended, and present paragraphs (e) through (h) of |
| 5330 | subsection (1) are redesignated as paragraphs (d) through (f), |
| 5331 | respectively, to read: |
| 5332 | 288.107 Brownfield redevelopment bonus refunds.- |
| 5333 | (1) DEFINITIONS.-As used in this section: |
| 5334 | (d) "Director" means the director of the Office of |
| 5335 | Tourism, Trade, and Economic Development. |
| 5336 | (g) "Office" means The Office of Tourism, Trade, and |
| 5337 | Economic Development. |
| 5338 | (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.-Bonus refunds |
| 5339 | shall be approved by the Governor Office as specified in the |
| 5340 | final order and allowed from the account as follows: |
| 5341 | (a) A bonus refund of $2,500 shall be allowed to any |
| 5342 | qualified target industry business as defined in s. 288.106 for |
| 5343 | each new Florida job created in a brownfield area that is |
| 5344 | claimed on the qualified target industry business's annual |
| 5345 | refund claim authorized in s. 288.106(6). |
| 5346 | (b) A bonus refund of up to $2,500 shall be allowed to any |
| 5347 | other eligible business as defined in subparagraph (1)(d)2. |
| 5348 | (1)(e)2. for each new Florida job created in a brownfield area |
| 5349 | that is claimed under an annual claim procedure similar to the |
| 5350 | annual refund claim authorized in s. 288.106(6). The amount of |
| 5351 | the refund shall be equal to 20 percent of the average annual |
| 5352 | wage for the jobs created. |
| 5353 | (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.- |
| 5354 | (a) To be eligible to receive a bonus refund for new |
| 5355 | Florida jobs created in a brownfield area, a business must have |
| 5356 | been certified as a qualified target industry business under s. |
| 5357 | 288.106 or eligible business as defined in paragraph (1)(d) |
| 5358 | (1)(e) and must have indicated on the qualified target industry |
| 5359 | business tax refund application form submitted in accordance |
| 5360 | with s. 288.106(4) or other similar agreement for other eligible |
| 5361 | business as defined in paragraph (1)(d) (1)(e) that the project |
| 5362 | for which the application is submitted is or will be located in |
| 5363 | a brownfield area and that the business is applying for |
| 5364 | certification as a qualified brownfield business under this |
| 5365 | section, and must have signed a qualified target industry |
| 5366 | business tax refund agreement with the Governor Office that |
| 5367 | indicates that the business has been certified as a qualified |
| 5368 | target industry business located in a brownfield area and |
| 5369 | specifies the schedule of brownfield redevelopment bonus refunds |
| 5370 | that the business may be eligible to receive in each fiscal |
| 5371 | year. |
| 5372 | (b) To be considered to receive an eligible brownfield |
| 5373 | redevelopment bonus refund payment, the business meeting the |
| 5374 | requirements of paragraph (a) must submit a claim once each |
| 5375 | fiscal year on a claim form approved by the department Office |
| 5376 | which indicates the location of the brownfield, the address of |
| 5377 | the business facility's brownfield location, the name of the |
| 5378 | brownfield in which it is located, the number of jobs created, |
| 5379 | and the average wage of the jobs created by the business within |
| 5380 | the brownfield as defined in s. 288.106 or other eligible |
| 5381 | business as defined in paragraph (1)(d) (1)(e) and the |
| 5382 | administrative rules and policies for that section. |
| 5383 | (f) Applications shall be reviewed and certified pursuant |
| 5384 | to s. 288.061. The department Office shall review all |
| 5385 | applications submitted under s. 288.106 or other similar |
| 5386 | application forms for other eligible businesses as defined in |
| 5387 | paragraph (1)(d) (1)(e) which indicate that the proposed project |
| 5388 | will be located in a brownfield and determine, with the |
| 5389 | assistance of the Department of Environmental Protection, that |
| 5390 | the project location is within a brownfield as provided in this |
| 5391 | act. |
| 5392 | (g) The department Office shall approve all claims for a |
| 5393 | brownfield redevelopment bonus refund payment that are found to |
| 5394 | meet the requirements of paragraphs (b) and (d). |
| 5395 | (h) The department director, with such assistance as may |
| 5396 | be required from the Office and the Department of Environmental |
| 5397 | Protection, shall specify by written final order the amount of |
| 5398 | the brownfield redevelopment bonus refund that is authorized for |
| 5399 | the qualified target industry business for the fiscal year |
| 5400 | within 30 days after the date that the claim for the annual tax |
| 5401 | refund is received by the department office. |
| 5402 | (i) The total amount of the bonus refunds approved by the |
| 5403 | Governor director under this section in any fiscal year must not |
| 5404 | exceed the total amount appropriated to the Economic Development |
| 5405 | Incentives Account for this purpose for the fiscal year. In the |
| 5406 | event that the Legislature does not appropriate an amount |
| 5407 | sufficient to satisfy projections by the department Office for |
| 5408 | brownfield redevelopment bonus refunds under this section in a |
| 5409 | fiscal year, the Governor, through the department, Office shall, |
| 5410 | not later than July 15 of such year, determine the proportion of |
| 5411 | each brownfield redevelopment bonus refund claim which shall be |
| 5412 | paid by dividing the amount appropriated for tax refunds for the |
| 5413 | fiscal year by the projected total of brownfield redevelopment |
| 5414 | bonus refund claims for the fiscal year. The amount of each |
| 5415 | claim for a brownfield redevelopment bonus tax refund shall be |
| 5416 | multiplied by the resulting quotient. If, after the payment of |
| 5417 | all such refund claims, funds remain in the Economic Development |
| 5418 | Incentives Account for brownfield redevelopment tax refunds, the |
| 5419 | department Office shall recalculate the proportion for each |
| 5420 | refund claim and adjust the amount of each claim accordingly. |
| 5421 | (5) ADMINISTRATION.- |
| 5422 | (a) The department Office may verify information provided |
| 5423 | in any claim submitted for tax credits under this section with |
| 5424 | regard to employment and wage levels or the payment of the taxes |
| 5425 | to the appropriate agency or authority, including the Department |
| 5426 | of Revenue, the Agency for Workforce Innovation, or any local |
| 5427 | government or authority. |
| 5428 | (b) To facilitate the process of monitoring and auditing |
| 5429 | applications made under this program, the department Office may |
| 5430 | provide a list of qualified target industry businesses to the |
| 5431 | Department of Revenue, to the Agency for Workforce Innovation, |
| 5432 | to the Department of Environmental Protection, or to any local |
| 5433 | government authority. The department office may request the |
| 5434 | assistance of those entities with respect to monitoring the |
| 5435 | payment of the taxes listed in s. 288.106(3). |
| 5436 | Section 69. Subsection (2), paragraphs (a), (b), (d), and |
| 5437 | (e) of subsection (3), subsection (4), paragraphs (a) and (c) of |
| 5438 | subsection (5), and subsections (6) and (7) of section 288.108, |
| 5439 | Florida Statutes, are amended, to read: |
| 5440 | 288.108 High-impact business.- |
| 5441 | (2) DEFINITIONS.-As used in this section, the term: |
| 5442 | (a)(h) "Commencement of operations" means that the |
| 5443 | qualified high-impact business has begun to actively operate the |
| 5444 | principal function for which the facility was constructed as |
| 5445 | determined by the department office and specified in the |
| 5446 | qualified high-impact business agreement. |
| 5447 | (b)(e) "Cumulative investment" means the total investment |
| 5448 | in buildings and equipment made by a qualified high-impact |
| 5449 | business since the beginning of construction of such facility. |
| 5450 | (c)(a) "Eligible high-impact business" means a business in |
| 5451 | one of the high-impact sectors identified by Enterprise Florida, |
| 5452 | Inc., and certified by the department Office of Tourism, Trade, |
| 5453 | and Economic Development as provided in subsection (5), which is |
| 5454 | making a cumulative investment in the state of at least $50 |
| 5455 | million and creating at least 50 new full-time equivalent jobs |
| 5456 | in the state or a research and development facility making a |
| 5457 | cumulative investment of at least $25 million and creating at |
| 5458 | least 25 new full-time equivalent jobs. Such investment and |
| 5459 | employment must be achieved in a period not to exceed 3 years |
| 5460 | after the date the business is certified as a qualified high- |
| 5461 | impact business. |
| 5462 | (c) "Office" means the Office of Tourism, Trade, and |
| 5463 | Economic Development. |
| 5464 | (d) "Director" means the director of the Office of |
| 5465 | Tourism, Trade, and Economic Development. |
| 5466 | (d)(f) "Fiscal year" means the fiscal year of the state. |
| 5467 | (e)(g) "Jobs" means full-time equivalent positions, |
| 5468 | including, but not limited to, positions obtained from a |
| 5469 | temporary employment agency or employee leasing company or |
| 5470 | through a union agreement or coemployment under a professional |
| 5471 | employer organization agreement, that result directly from a |
| 5472 | project in this state. The term does not include temporary |
| 5473 | construction jobs involved in the construction of the project |
| 5474 | facility. |
| 5475 | (f)(b) "Qualified high-impact business" means a business |
| 5476 | in one of the high-impact sectors that has been certified by the |
| 5477 | department office as a qualified high-impact business to receive |
| 5478 | a high-impact sector performance grant. |
| 5479 | (g)(i) "Research and development" means basic and applied |
| 5480 | research in science or engineering, as well as the design, |
| 5481 | development, and testing of prototypes or processes of new or |
| 5482 | improved products. Research and development does not mean market |
| 5483 | research, routine consumer product testing, sales research, |
| 5484 | research in the social sciences or psychology, nontechnological |
| 5485 | activities or technical services. |
| 5486 | (3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE |
| 5487 | AMOUNTS.- |
| 5488 | (a) Upon commencement of operations, a qualified high- |
| 5489 | impact business is eligible to receive a high-impact business |
| 5490 | performance grant in the amount as determined by the department |
| 5491 | office under subsection (5), consistent with eligible amounts as |
| 5492 | provided in paragraph (b), and specified in the qualified high- |
| 5493 | impact business agreement. The precise conditions that are |
| 5494 | considered commencement of operations must be specified in the |
| 5495 | qualified high-impact business agreement. |
| 5496 | (b) The department Office may, in consultation with |
| 5497 | Enterprise Florida, Inc., negotiate qualified high-impact |
| 5498 | business performance grant awards for any single qualified high- |
| 5499 | impact business. In negotiating such awards, the department |
| 5500 | Office shall consider the following guidelines in conjunction |
| 5501 | with other relevant applicant impact and cost information and |
| 5502 | analysis as required in subsection (5). |
| 5503 | 1. A qualified high-impact business making a cumulative |
| 5504 | investment of $50 million and creating 50 jobs may be eligible |
| 5505 | for a total qualified high-impact business performance grant of |
| 5506 | $500,000 to $1 million. |
| 5507 | 2. A qualified high-impact business making a cumulative |
| 5508 | investment of $100 million and creating 100 jobs may be eligible |
| 5509 | for a total qualified high-impact business performance grant of |
| 5510 | $1 million to $2 million. |
| 5511 | 3. A qualified high-impact business making a cumulative |
| 5512 | investment of $800 million and creating 800 jobs may be eligible |
| 5513 | for a qualified high-impact business performance grant of $10 |
| 5514 | million to $12 million. |
| 5515 | 4. A qualified high-impact business engaged in research |
| 5516 | and development making a cumulative investment of $25 million |
| 5517 | and creating 25 jobs may be eligible for a total qualified high- |
| 5518 | impact business performance grant of $700,000 to $1 million. |
| 5519 | 5. A qualified high-impact business engaged in research |
| 5520 | and development making a cumulative investment of $75 million, |
| 5521 | and creating 75 jobs may be eligible for a total qualified high- |
| 5522 | impact business performance grant of $2 million to $3 million. |
| 5523 | 6. A qualified high-impact business engaged in research |
| 5524 | and development making a cumulative investment of $150 million, |
| 5525 | and creating 150 jobs may be eligible for a qualified high- |
| 5526 | impact business performance grant of $3.5 million to $4.5 |
| 5527 | million. |
| 5528 | (d) The balance of the performance grant award shall be |
| 5529 | paid to the qualified high-impact business upon the business's |
| 5530 | certification that full operations have commenced and that the |
| 5531 | full investment and employment goals specified in the qualified |
| 5532 | high-impact business agreement have been met and verified by the |
| 5533 | department Office of Tourism, Trade, and Economic Development. |
| 5534 | The verification must occur not later than 60 days after the |
| 5535 | qualified high-impact business has provided the certification |
| 5536 | specified in this paragraph. |
| 5537 | (e) The department office may, upon a showing of |
| 5538 | reasonable cause for delay and significant progress toward the |
| 5539 | achievement of the investment and employment goals specified in |
| 5540 | the qualified high-impact business agreement, extend the date |
| 5541 | for commencement of operations, not to exceed an additional 2 |
| 5542 | years beyond the limit specified in paragraph (2)(c)(2)(a), but |
| 5543 | in no case may any high-impact sector performance grant payment |
| 5544 | be made to the business until the scheduled goals have been |
| 5545 | achieved. |
| 5546 | (4) OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT |
| 5547 | AUTHORITY TO APPROVE QUALIFIED HIGH-IMPACT BUSINESS PERFORMANCE |
| 5548 | GRANTS.- |
| 5549 | (a) The total amount of active performance grants |
| 5550 | scheduled for payment by the department office in any single |
| 5551 | fiscal year may not exceed the lesser of $30 million or the |
| 5552 | amount appropriated by the Legislature for that fiscal year for |
| 5553 | qualified high-impact business performance grants. If the |
| 5554 | scheduled grant payments are not made in the year for which they |
| 5555 | were scheduled in the qualified high-impact business agreement |
| 5556 | and are rescheduled as authorized in paragraph (3)(e), they are, |
| 5557 | for purposes of this paragraph, deemed to have been paid in the |
| 5558 | year in which they were originally scheduled in the qualified |
| 5559 | high-impact business agreement. |
| 5560 | (b) If the Legislature does not appropriate an amount |
| 5561 | sufficient to satisfy the qualified high-impact business |
| 5562 | performance grant payments scheduled for any fiscal year, the |
| 5563 | Governor, through the department, Office shall, not later than |
| 5564 | July 15 of that year, determine the proportion of each grant |
| 5565 | payment which may be paid by dividing the amount appropriated |
| 5566 | for qualified high-impact business performance grant payments |
| 5567 | for the fiscal year by the total performance grant payments |
| 5568 | scheduled in all performance grant agreements for the fiscal |
| 5569 | year. The amount of each grant scheduled for payment in that |
| 5570 | fiscal year must be multiplied by the resulting quotient. All |
| 5571 | businesses affected by this calculation must be notified by |
| 5572 | August 1 of each fiscal year. If, after the payment of all the |
| 5573 | refund claims, funds remain in the appropriation for payment of |
| 5574 | qualified high-impact business performance grants, the |
| 5575 | department Office shall recalculate the proportion for each |
| 5576 | performance grant payment and adjust the amount of each claim |
| 5577 | accordingly. |
| 5578 | (5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.- |
| 5579 | (a) The department shall review an application pursuant to |
| 5580 | s. 288.061 which is received from any eligible business, as |
| 5581 | defined in subsection (2), shall apply to Enterprise Florida, |
| 5582 | Inc., for consideration as a qualified high-impact business |
| 5583 | before the business has made a decision to locate or expand a |
| 5584 | facility in this state. A business must provide The application, |
| 5585 | developed by the Office of Tourism, Trade, and Economic |
| 5586 | Development, in consultation with Enterprise Florida, Inc., must |
| 5587 | include, but is not limited to, the following information: |
| 5588 | 1. A complete description of the type of facility, |
| 5589 | business operations, and product or service associated with the |
| 5590 | project. |
| 5591 | 2. The number of full-time equivalent jobs that will be |
| 5592 | created by the project and the average annual wage of those |
| 5593 | jobs. |
| 5594 | 3. The cumulative amount of investment to be dedicated to |
| 5595 | this project within 3 years. |
| 5596 | 4. A statement concerning any special impacts the facility |
| 5597 | is expected to stimulate in the sector, the state, or regional |
| 5598 | economy and in state universities and community colleges. |
| 5599 | 5. A statement concerning the role the grant will play in |
| 5600 | the decision of the applicant business to locate or expand in |
| 5601 | this state. |
| 5602 | 6. Any additional information requested by the department |
| 5603 | Enterprise Florida, Inc., and the Office of Tourism, Trade, and |
| 5604 | Economic Development. |
| 5605 | (c) The Governor director and the qualified high-impact |
| 5606 | business shall enter into a performance grant agreement setting |
| 5607 | forth the conditions for payment of the qualified high-impact |
| 5608 | business performance grant. The agreement shall include the |
| 5609 | total amount of the qualified high-impact business facility |
| 5610 | performance grant award, the performance conditions that must be |
| 5611 | met to obtain the award, including the employment, average |
| 5612 | salary, investment, the methodology for determining if the |
| 5613 | conditions have been met, and the schedule of performance grant |
| 5614 | payments. |
| 5615 | (6) SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.- |
| 5616 | (a) Enterprise Florida, Inc., shall, by January 1, of |
| 5617 | every third year, beginning January 1, 2011, initiate the |
| 5618 | process of reviewing and, if appropriate, selecting a new high- |
| 5619 | impact sector for designation or recommending the deactivation |
| 5620 | of a designated high-impact sector. The process of reviewing |
| 5621 | designated high-impact sectors or recommending the deactivation |
| 5622 | of a designated high-impact sector shall be in consultation with |
| 5623 | the department office, economic development organizations, the |
| 5624 | State University System, local governments, employee and |
| 5625 | employer organizations, market analysts, and economists. |
| 5626 | (b) The department Office has authority, only after |
| 5627 | recommendation from Enterprise Florida, Inc., to designate a |
| 5628 | high-impact sector or to deauthorize a designated high-impact |
| 5629 | sector. |
| 5630 | (c) To begin the process of selecting and designating a |
| 5631 | new high-impact sector, Enterprise Florida, Inc., shall |
| 5632 | undertake a thorough study of the proposed sector. This study |
| 5633 | must consider the definition of the sector, including the types |
| 5634 | of facilities which characterize the sector that might qualify |
| 5635 | for a high-impact performance grant and whether a powerful |
| 5636 | incentive like the high-impact performance grant is needed to |
| 5637 | induce major facilities in the sector to locate or grow in this |
| 5638 | state; the benefits that major facilities in the sector have or |
| 5639 | could have on the state's economy and the relative significance |
| 5640 | of those benefits; the needs of the sector and major sector |
| 5641 | facilities, including natural, public, and human resources and |
| 5642 | benefits and costs with regard to these resources; the sector's |
| 5643 | current and future markets; the current fiscal and potential |
| 5644 | fiscal impacts of the sector, to both the state and its |
| 5645 | communities; any geographic opportunities or limitations with |
| 5646 | regard to the sector, including areas of the state most likely |
| 5647 | to benefit from the sector and areas unlikely to benefit from |
| 5648 | the sector; the state's advantages or disadvantages with regard |
| 5649 | to the sector; and the long-term expectations for the industry |
| 5650 | on a global level and in the state. If Enterprise Florida, Inc., |
| 5651 | finds favorable conditions for the designation of the sector as |
| 5652 | a high-impact sector, it shall include in the study |
| 5653 | recommendations for a complete and comprehensive sector |
| 5654 | strategy, including appropriate marketing and workforce |
| 5655 | strategies for the entire sector and any recommendations that |
| 5656 | Enterprise Florida, Inc., may have for statutory or policy |
| 5657 | changes needed to improve the state's business climate and to |
| 5658 | attract and grow Florida businesses, particularly small |
| 5659 | businesses, in the proposed sector. The study shall reflect the |
| 5660 | finding of the sector-business network specified in paragraph |
| 5661 | (d). |
| 5662 | (d) In conjunction with the study required in paragraph |
| 5663 | (c), Enterprise Florida, Inc., shall develop and consult with a |
| 5664 | network of sector businesses. While this network may include |
| 5665 | non-Florida businesses, it must include any businesses currently |
| 5666 | within the state. If the number of Florida businesses in the |
| 5667 | sector is large, a representative cross-section of Florida |
| 5668 | sector businesses may form the core of this network. |
| 5669 | (e) The study and its findings and recommendations and the |
| 5670 | recommendations gathered from the sector-business network must |
| 5671 | be discussed and considered during the meeting required in s. |
| 5672 | 14.2015(2)(e). |
| 5673 | (e)(f) If after consideration of the completed study |
| 5674 | required in paragraph (c) and the input derived from |
| 5675 | consultation with the sector-business network in paragraph (d) |
| 5676 | and the quarterly meeting as required in paragraph (e), the |
| 5677 | board of directors of Enterprise Florida, Inc., finds that the |
| 5678 | sector will have exceptionally large and widespread benefits to |
| 5679 | the state and its citizens, relative to any public costs; that |
| 5680 | the sector is characterized by the types of facilities that |
| 5681 | require exceptionally large investments and provide employment |
| 5682 | opportunities to a relatively large number of workers in high- |
| 5683 | quality, high-income jobs that might qualify for a high-impact |
| 5684 | performance grant; and that given the competition for such |
| 5685 | businesses it may be necessary for the state to be able to offer |
| 5686 | a large inducement, such as a high-impact performance grant, to |
| 5687 | attract such a business to the state or to encourage businesses |
| 5688 | to continue to grow in the state, the board of directors of |
| 5689 | Enterprise Florida, Inc., may recommend that the department |
| 5690 | office consider the designation of the sector as a high-impact |
| 5691 | business sector. |
| 5692 | (f)(g) Upon receiving a recommendation from the board of |
| 5693 | directors of Enterprise Florida, Inc., together with the study |
| 5694 | required in paragraph (c) and a summary of the findings and |
| 5695 | recommendations of the sector-business network required in |
| 5696 | paragraph (d), the department including a list of all meetings |
| 5697 | of the sector network and participants in those meetings and the |
| 5698 | findings and recommendations from the quarterly meeting as |
| 5699 | required in paragraph (e), the Office shall after a thorough |
| 5700 | evaluation of the study and accompanying materials report its |
| 5701 | findings and either concur in the recommendation of Enterprise |
| 5702 | Florida, Inc., and designate the sector as a high-impact |
| 5703 | business sector or notify Enterprise Florida, Inc., that it does |
| 5704 | not concur and deny the board's request for designation or |
| 5705 | return the recommendation and study to Enterprise Florida, Inc., |
| 5706 | for further evaluation. In any case, the department director's |
| 5707 | decision must be in writing and justify the reasons for the |
| 5708 | decision. |
| 5709 | (g)(h) If the department Office designates the sector as a |
| 5710 | high-impact sector, it shall, within 30 days, notify the |
| 5711 | Governor, the President of the Senate, and the Speaker of the |
| 5712 | House of Representatives of its decision and provide a complete |
| 5713 | report on its decision, including copies of the material |
| 5714 | provided by Enterprise Florida, Inc., and the department Office |
| 5715 | of Tourism, Trade, and Economic Development's evaluation and |
| 5716 | comment on any statutory or policy changes recommended by |
| 5717 | Enterprise Florida, Inc. |
| 5718 | (h)(i) For the purposes of this subsection, a high-impact |
| 5719 | sector consists of the silicon technology sector that Enterprise |
| 5720 | Florida, Inc., has found to be focused around the type of high- |
| 5721 | impact businesses for which the incentive created in this |
| 5722 | subsection is required and will create the kinds of sector and |
| 5723 | economy wide benefits that justify the use of state resources to |
| 5724 | encourage these investments and require substantial inducements |
| 5725 | to compete with the incentive packages offered by other states |
| 5726 | and nations. |
| 5727 | (7) RULEMAKING.-The department Office may adopt rules |
| 5728 | necessary to administer carry out the provisions of this |
| 5729 | section. |
| 5730 | Section 70. Section 288.1081, Florida Statutes, is amended |
| 5731 | to read: |
| 5732 | 288.1081 Economic Gardening Business Loan Pilot Program.- |
| 5733 | (1) There is created within the department Office of |
| 5734 | Tourism, Trade, and Economic Development the Economic Gardening |
| 5735 | Business Loan Pilot Program. The purpose of the pilot program is |
| 5736 | to stimulate investment in Florida's economy by providing loans |
| 5737 | to expanding businesses in the state. As used in this section, |
| 5738 | the term "office" means the Office of Tourism, Trade, and |
| 5739 | Economic Development. |
| 5740 | (2) The Legislature finds that it is vital to the overall |
| 5741 | health and growth of the state's economy to promote favorable |
| 5742 | conditions for expanding Florida businesses that demonstrate the |
| 5743 | ability to grow. The Legislature further finds that, due to the |
| 5744 | current extraordinary economic challenges confronting the state, |
| 5745 | there exists a public purpose in expending state resources to |
| 5746 | stimulate investment in Florida's economy. It is therefore the |
| 5747 | intent of the Legislature that resources be provided for the |
| 5748 | pilot program. |
| 5749 | (3)(a) To be eligible for a loan under the pilot program, |
| 5750 | an applicant must be a business eligible for assistance under |
| 5751 | the Economic Gardening Technical Assistance Pilot Program as |
| 5752 | provided in s. 288.1082(4)(a). |
| 5753 | (b) A loan applicant must submit a written application to |
| 5754 | the loan administrator in the format prescribed by the loan |
| 5755 | administrator. The application must include: |
| 5756 | 1. The applicant's federal employer identification number, |
| 5757 | unemployment account number, and sales or other tax registration |
| 5758 | number. |
| 5759 | 2. The street address of the applicant's principal place |
| 5760 | of business in this state. |
| 5761 | 3. A description of the type of economic activity, |
| 5762 | product, or research and development undertaken by the |
| 5763 | applicant, including the six-digit North American Industry |
| 5764 | Classification System code for each type of economic activity |
| 5765 | conducted by the applicant. |
| 5766 | 4. The applicant's annual revenue, number of employees, |
| 5767 | number of full-time equivalent employees, and other information |
| 5768 | necessary to verify the applicant's eligibility for the pilot |
| 5769 | program under s. 288.1082(4)(a). |
| 5770 | 5. The projected investment in the business, if any, which |
| 5771 | the applicant proposes in conjunction with the loan. |
| 5772 | 6. The total investment in the business from all sources, |
| 5773 | if any, which the applicant proposes in conjunction with the |
| 5774 | loan. |
| 5775 | 7. The number of net new full-time equivalent jobs that, |
| 5776 | as a result of the loan, the applicant proposes to create in |
| 5777 | this state as of December 31 of each year and the average annual |
| 5778 | wage of the proposed jobs. |
| 5779 | 8. The total number of full-time equivalent employees the |
| 5780 | applicant currently employs in this state. |
| 5781 | 9. The date that the applicant anticipates it needs the |
| 5782 | loan. |
| 5783 | 10. A detailed explanation of why the loan is needed to |
| 5784 | assist the applicant in expanding jobs in the state. |
| 5785 | 11. A statement that all of the applicant's available |
| 5786 | corporate assets are pledged as collateral for the amount of the |
| 5787 | loan. |
| 5788 | 12. A statement that the applicant, upon receiving the |
| 5789 | loan, agrees not to seek additional long-term debt without prior |
| 5790 | approval of the loan administrator. |
| 5791 | 13. A statement that the loan is a joint obligation of the |
| 5792 | business and of each person who owns at least 20 percent of the |
| 5793 | business. |
| 5794 | 14. Any additional information requested by the department |
| 5795 | office or the loan administrator. |
| 5796 | (c) The loan administrator, after verifying the accuracy |
| 5797 | of a submitted application, shall award the loan to the |
| 5798 | applicant if the administrator determines that the applicant, as |
| 5799 | compared to other applicants submitting applications, is in the |
| 5800 | best position to use the loan to continue making a successful |
| 5801 | long-term business commitment to the state. The loan |
| 5802 | administrator also shall consider the following factors: |
| 5803 | 1. Whether the applicant has applied for or received |
| 5804 | incentives from local governments; |
| 5805 | 2. Whether the applicant has applied for or received |
| 5806 | waivers of taxes, impact fees, or other fees or charges by local |
| 5807 | governments; and |
| 5808 | 3. What other sources of investments or financing for the |
| 5809 | project that is the subject of the loan application will be |
| 5810 | available to the applicant. |
| 5811 | (d) A borrower awarded a loan under this section and the |
| 5812 | loan administrator must enter into a loan agreement that |
| 5813 | provides for the borrower's repayment of the loan. |
| 5814 | (4) The following terms apply to a loan received under the |
| 5815 | pilot program: |
| 5816 | (a) The maximum amount of the loan is $250,000. |
| 5817 | (b) The proceeds of the loan may be used for working |
| 5818 | capital purchases, employee training, or salaries for newly |
| 5819 | created jobs in the state. |
| 5820 | (c) The security interest for the loan's collateral |
| 5821 | covering all of the borrower's available corporate assets to |
| 5822 | cover the amount of the loan must be perfected by recording a |
| 5823 | lien under the Uniform Commercial Code. |
| 5824 | (d) The period of the loan is 4 years. |
| 5825 | (e) The interest rate of the loan is 2 percent. However, |
| 5826 | if the borrower does not create the projected number of jobs |
| 5827 | within the terms of the loan agreement, the interest rate shall |
| 5828 | be increased for the remaining period of the loan to the prime |
| 5829 | rate published in the Wall Street Journal, as of the date |
| 5830 | specified in the loan agreement, plus 4 percentage points. The |
| 5831 | loan agreement may provide flexibility in meeting the projected |
| 5832 | number of jobs for delays due to governmental regulatory issues, |
| 5833 | including, but not limited to, permitting. |
| 5834 | (f) For the first 12 months of the loan, payment is due |
| 5835 | for interest only, payable during the twelfth month. Thereafter, |
| 5836 | payment for interest and principal is due each month until the |
| 5837 | loan is paid in full. Interest and principal payments are based |
| 5838 | on the unpaid balance of the total loan amount. |
| 5839 | (5)(a) The department Office may designate one or more |
| 5840 | qualified entities to serve as loan administrators for the pilot |
| 5841 | program. A loan administrator must: |
| 5842 | 1. Be a Florida corporation not for profit incorporated |
| 5843 | under chapter 617 which has its principal place of business in |
| 5844 | the state. |
| 5845 | 2. Have 5 years of verifiable experience of lending to |
| 5846 | businesses in this state. |
| 5847 | 3. Submit an application to the department Office on forms |
| 5848 | prescribed by the department Office. The application must |
| 5849 | include the loan administrator's business plan for its proposed |
| 5850 | lending activities under the pilot program, including, but not |
| 5851 | limited to, a description of its outreach efforts, underwriting, |
| 5852 | credit policies and procedures, credit decision processes, |
| 5853 | monitoring policies and procedures, and collection practices; |
| 5854 | the membership of its board of directors; and samples of its |
| 5855 | currently used loan documentation. The application must also |
| 5856 | include a detailed description and supporting documentation of |
| 5857 | the nature of the loan administrator's partnerships with local |
| 5858 | or regional economic and business development organizations. |
| 5859 | (b) The department Office, upon selecting a loan |
| 5860 | administrator, shall enter into a grant agreement with the |
| 5861 | administrator to issue the available loans to eligible |
| 5862 | applicants. The grant agreement must specify the aggregate |
| 5863 | amount of the loans authorized for award by the loan |
| 5864 | administrator. The term of the grant agreement must be at least |
| 5865 | 4 years, except that the department Office may terminate the |
| 5866 | agreement earlier if the loan administrator fails to meet |
| 5867 | minimum performance standards set by the department office. The |
| 5868 | grant agreement may be amended by mutual consent of both |
| 5869 | parties. |
| 5870 | (c) The department Office shall disburse from the Economic |
| 5871 | Development Trust Fund to the loan administrator the |
| 5872 | appropriations provided for the pilot program. Disbursements to |
| 5873 | the loan administrator must not exceed the aggregate amount of |
| 5874 | the loans authorized in the grant agreement. The department |
| 5875 | Office may not disburse more than 50 percent of the aggregate |
| 5876 | amount of the loans authorized in the grant agreement until the |
| 5877 | department Office verifies the borrowers' use of the loan |
| 5878 | proceeds and the loan administrator's successful credit |
| 5879 | decisionmaking policies. |
| 5880 | (d) A loan administrator is entitled to receive a loan |
| 5881 | origination fee, payable at closing, of 1 percent of each loan |
| 5882 | issued by the loan administrator and a servicing fee of 0.625 |
| 5883 | percent per annum of the loan's outstanding principal balance, |
| 5884 | payable monthly. During the first 12 months of the loan, the |
| 5885 | servicing fee shall be paid from the disbursement from the |
| 5886 | Economic Development Trust Fund, and thereafter the loan |
| 5887 | administrator shall collect the servicing fee from the payments |
| 5888 | made by the borrower, charging the fee against repayments of |
| 5889 | principal. |
| 5890 | (e) A loan administrator, after collecting the servicing |
| 5891 | fee in accordance with paragraph (d), shall remit the borrower's |
| 5892 | collected interest, principal payments, and charges for late |
| 5893 | payments to the department office on a quarterly basis. If the |
| 5894 | borrower defaults on the loan, the loan administrator shall |
| 5895 | initiate collection efforts to seek repayment of the loan. The |
| 5896 | loan administrator, upon collecting payments for a defaulted |
| 5897 | loan, shall remit the payments to the department office but, to |
| 5898 | the extent authorized in the grant agreement, may deduct the |
| 5899 | costs of the administrator's collection efforts. The department |
| 5900 | Office shall deposit all funds received under this paragraph in |
| 5901 | the General Revenue Fund. |
| 5902 | (f) A loan administrator shall submit quarterly reports to |
| 5903 | the department Office which include the information required in |
| 5904 | the grant agreement. A quarterly report must include, at a |
| 5905 | minimum, the number of full-time equivalent jobs created as a |
| 5906 | result of the loans, the amount of wages paid to employees in |
| 5907 | the newly created jobs, and the locations and types of economic |
| 5908 | activity undertaken by the borrowers. |
| 5909 | (6) All notes, mortgages, security agreements, letters of |
| 5910 | credit, or other instruments that are given to secure the |
| 5911 | repayment of loans issued in connection with the financing of |
| 5912 | any loan under the program, without regard to the status of any |
| 5913 | party thereto as a private party, are exempt from taxation by |
| 5914 | the state and its political subdivisions. The exemption granted |
| 5915 | in this subsection does not apply to any tax imposed by chapter |
| 5916 | 220 on interest, income, or profits on debt obligations owned by |
| 5917 | corporations. |
| 5918 | (7) The department Office shall adopt rules under ss. |
| 5919 | 120.536(1) and 120.54 to administer this section. To the extent |
| 5920 | necessary to expedite implementation of the pilot program, the |
| 5921 | department Office may adopt initial emergency rules for the |
| 5922 | pilot program in accordance with s. 120.54(4). |
| 5923 | (8) On June 30 and December 31 of each year, the |
| 5924 | department, beginning in 2009, the Office shall submit a report |
| 5925 | to the Governor, the President of the Senate, and the Speaker of |
| 5926 | the House of Representatives which describes in detail the use |
| 5927 | of the loan funds. The report must include, at a minimum, the |
| 5928 | number of businesses receiving loans, the number of full-time |
| 5929 | equivalent jobs created as a result of the loans, the amount of |
| 5930 | wages paid to employees in the newly created jobs, the locations |
| 5931 | and types of economic activity undertaken by the borrowers, the |
| 5932 | amounts of loan repayments made to date, and the default rate of |
| 5933 | borrowers. |
| 5934 | (9) Unexpended balances of appropriations provided for the |
| 5935 | pilot program shall not revert to the fund from which the |
| 5936 | appropriation was made at the end of a fiscal year but shall be |
| 5937 | retained in the Economic Development Trust Fund and be carried |
| 5938 | forward for expenditure for the pilot program during the |
| 5939 | following fiscal year. A loan administrator may not award a new |
| 5940 | loan or enter into a loan agreement after June 30, 2011. |
| 5941 | Balances of appropriations provided for the pilot program which |
| 5942 | remain unexpended as of July 1, 2011, shall revert to the |
| 5943 | General Revenue Fund. |
| 5944 | (10) This section is repealed July 1, 2016, unless |
| 5945 | reviewed and reenacted by the Legislature before that date. |
| 5946 | Section 71. Section 288.1082, Florida Statutes, is amended |
| 5947 | to read: |
| 5948 | 288.1082 Economic Gardening Technical Assistance Pilot |
| 5949 | Program.- |
| 5950 | (1) There is created within the department Office of |
| 5951 | Tourism, Trade, and Economic Development the Economic Gardening |
| 5952 | Technical Assistance Pilot Program. The purpose of the pilot |
| 5953 | program is to stimulate investment in Florida's economy by |
| 5954 | providing technical assistance for expanding businesses in the |
| 5955 | state. As used in this section, the term "Office" means the |
| 5956 | Office of Tourism, Trade, and Economic Development. |
| 5957 | (2) The department Office shall contract with one or more |
| 5958 | entities to administer the pilot program under this section. The |
| 5959 | department Office shall award each contract in accordance with |
| 5960 | the competitive bidding requirements in s. 287.057 to an entity |
| 5961 | that demonstrates the ability to implement the pilot program on |
| 5962 | a statewide basis, has an outreach plan, and has the ability to |
| 5963 | provide counseling services, access to technology and |
| 5964 | information, marketing services and advice, business management |
| 5965 | support, and other similar services. In selecting these |
| 5966 | entities, the department Office also must consider whether the |
| 5967 | entities will qualify for matching funds to provide the |
| 5968 | technical assistance. |
| 5969 | (3) A contracted entity administering the pilot program |
| 5970 | shall provide technical assistance for eligible businesses which |
| 5971 | includes, but is not limited to: |
| 5972 | (a) Access to free or affordable information services and |
| 5973 | consulting services, including information on markets, |
| 5974 | customers, and competitors, such as business databases, |
| 5975 | geographic information systems, and search engine marketing. |
| 5976 | (b) Development of business connections, including |
| 5977 | interaction and exchange among business owners and resource |
| 5978 | providers, such as trade associations, think tanks, academic |
| 5979 | institutions, business roundtables, peer-to-peer learning |
| 5980 | sessions, and mentoring programs. |
| 5981 | (4)(a) To be eligible for assistance under the pilot |
| 5982 | program, a business must be a for-profit, privately held, |
| 5983 | investment-grade business that employs at least 10 persons but |
| 5984 | not more than 50 persons, has maintained its principal place of |
| 5985 | business in the state for at least the previous 2 years, |
| 5986 | generates at least $1 million but not more than $25 million in |
| 5987 | annual revenue, qualifies for the tax refund program for |
| 5988 | qualified target industry businesses under s. 288.106, and, |
| 5989 | during 3 of the previous 5 years, has increased both its number |
| 5990 | of full-time equivalent employees in this state and its gross |
| 5991 | revenues. |
| 5992 | (b) A contracted entity administering the pilot program, |
| 5993 | in selecting the eligible businesses to receive assistance, |
| 5994 | shall choose businesses in more than one industry cluster and, |
| 5995 | to the maximum extent practicable, shall choose businesses that |
| 5996 | are geographically distributed throughout Florida or are in |
| 5997 | partnership with businesses that are geographically distributed |
| 5998 | throughout Florida. |
| 5999 | (5)(a) A business receiving assistance under the pilot |
| 6000 | program must enter into an agreement with the contracted entity |
| 6001 | administering the program to establish the business's commitment |
| 6002 | to participation in the pilot program. The agreement must |
| 6003 | require, at a minimum, that the business: |
| 6004 | 1. Attend a minimum number of meetings between the |
| 6005 | business and the contracted entity administering the pilot |
| 6006 | program. |
| 6007 | 2. Report job creation data in the manner prescribed by |
| 6008 | the contracted entity administering the pilot program. |
| 6009 | 3. Provide financial data in the manner prescribed by the |
| 6010 | contracted entity administering the program. |
| 6011 | (b) The department office or the contracted entity |
| 6012 | administering the pilot program may prescribe in the agreement |
| 6013 | additional reporting requirements that are necessary to track |
| 6014 | the progress of the business and monitor the business's |
| 6015 | implementation of the assistance. The contracted entity shall |
| 6016 | report the information to the department office on a quarterly |
| 6017 | basis. |
| 6018 | (6) A contracted entity administering the pilot program is |
| 6019 | authorized to promote the general business interests or |
| 6020 | industrial interests of the state. |
| 6021 | (7) The department Office shall review the progress of a |
| 6022 | contracted entity administering the pilot program at least once |
| 6023 | each 6 months and shall determine whether the contracted entity |
| 6024 | is meeting its contractual obligations for administering the |
| 6025 | pilot program. The department Office may terminate and rebid a |
| 6026 | contract if the contracted entity does not meet its contractual |
| 6027 | obligations. |
| 6028 | (8) On December 31 of each year, the department, beginning |
| 6029 | in 2009, the Office shall submit a report to the Governor, the |
| 6030 | President of the Senate, and the Speaker of the House of |
| 6031 | Representatives which describes in detail the progress of the |
| 6032 | pilot program. The report must include, at a minimum, the number |
| 6033 | of businesses receiving assistance, the number of full-time |
| 6034 | equivalent jobs created as a result of the assistance, if any, |
| 6035 | the amount of wages paid to employees in the newly created jobs, |
| 6036 | and the locations and types of economic activity undertaken by |
| 6037 | the businesses. |
| 6038 | (9) the department Office may adopt rules under ss. |
| 6039 | 120.536(1) and 120.54 to administer this section. |
| 6040 | Section 72. Subsections (1), (2), (4), (5), (6), and (9) |
| 6041 | of section 288.1083, Florida Statutes, are amended to read: |
| 6042 | 288.1083 Manufacturing and Spaceport Investment Incentive |
| 6043 | Program.- |
| 6044 | (1) The Manufacturing and Spaceport Investment Incentive |
| 6045 | Program is created within the department Office of Tourism, |
| 6046 | Trade, and Economic Development. The purpose of the program is |
| 6047 | to encourage capital investment and job creation in |
| 6048 | manufacturing and spaceport activities in this state. |
| 6049 | (2) As used in this section, the term: |
| 6050 | (a) "Base year purchases" means the total cost of eligible |
| 6051 | equipment purchased and placed into service in this state by an |
| 6052 | eligible entity in its tax year that began in 2008. |
| 6053 | (b) "Department" means the Department of Revenue. |
| 6054 | (b)(c) "Eligible entity" means an entity that |
| 6055 | manufactures, processes, compounds, or produces items for sale |
| 6056 | of tangible personal property or engages in spaceport |
| 6057 | activities. The term also includes an entity that engages in |
| 6058 | phosphate or other solid minerals severance, mining, or |
| 6059 | processing operations. The term does not include electric |
| 6060 | utility companies, communications companies, oil or gas |
| 6061 | exploration or production operations, publishing firms that do |
| 6062 | not export at least 50 percent of their finished product out of |
| 6063 | the state, any firm subject to regulation by the Division of |
| 6064 | Hotels and Restaurants of the Department of Business and |
| 6065 | Professional Regulation, or any firm that does not manufacture, |
| 6066 | process, compound, or produce for sale items of tangible |
| 6067 | personal property or that does not use such machinery and |
| 6068 | equipment in spaceport activities. |
| 6069 | (c)(d) "Eligible equipment" means tangible personal |
| 6070 | property or other property that has a depreciable life of 3 |
| 6071 | years or more and that is used as an integral part in the |
| 6072 | manufacturing, processing, compounding, or production of |
| 6073 | tangible personal property for sale or is exclusively used in |
| 6074 | spaceport activities, and that is located and placed into |
| 6075 | service in this state. A building and its structural components |
| 6076 | are not eligible equipment unless the building or structural |
| 6077 | component is so closely related to the industrial machinery and |
| 6078 | equipment that it houses or supports that the building or |
| 6079 | structural component can be expected to be replaced when the |
| 6080 | machinery and equipment are replaced. Heating and air- |
| 6081 | conditioning systems are not eligible equipment unless the sole |
| 6082 | justification for their installation is to meet the requirements |
| 6083 | of the production process, even though the system may provide |
| 6084 | incidental comfort to employees or serve, to an insubstantial |
| 6085 | degree, nonproduction activities. The term includes parts and |
| 6086 | accessories only to the extent that the exemption of such parts |
| 6087 | and accessories is consistent with the provisions of this |
| 6088 | paragraph. |
| 6089 | (d)(e) "Eligible equipment purchases" means the cost of |
| 6090 | eligible equipment purchased and placed into service in this |
| 6091 | state in a given state fiscal year by an eligible entity in |
| 6092 | excess of the entity's base year purchases. |
| 6093 | (f) "Office" means The Office of Tourism, Trade, and |
| 6094 | Economic Development. |
| 6095 | (e)(g) "Refund" means a payment to an eligible entity for |
| 6096 | the amount of state sales and use tax actually paid on eligible |
| 6097 | equipment purchases. |
| 6098 | (4) To receive a refund, a business entity must first |
| 6099 | apply to the department Office for a tax refund allocation. The |
| 6100 | entity shall provide such information in the application as |
| 6101 | reasonably required by the department Office. Further, the |
| 6102 | business entity shall provide such information as is required by |
| 6103 | the department Office to establish the cost incurred and actual |
| 6104 | sales and use tax paid to purchase eligible equipment located |
| 6105 | and placed into service in this state during its taxable year |
| 6106 | that began in 2008. |
| 6107 | (a) Within 30 days after the department Office receives an |
| 6108 | application for a refund, the Governor Office shall approve or |
| 6109 | disapprove the application. |
| 6110 | (b) Refund allocations made during the 2010-2011 fiscal |
| 6111 | year shall be awarded in the same order in which applications |
| 6112 | are received. Eligible entities may apply to the department |
| 6113 | Office beginning July 1, 2010, for refunds attributable to |
| 6114 | eligible equipment purchases made during the 2010-2011 fiscal |
| 6115 | year. For the 2010-2011 fiscal year, the department Office shall |
| 6116 | allocate the maximum amount of $50,000 per entity until the |
| 6117 | entire $19 million available for refund in state fiscal year |
| 6118 | 2010-2011 has been allocated. If the total amount available for |
| 6119 | allocation during the 2010-2011 fiscal year is allocated, the |
| 6120 | department Office shall continue taking applications. Each |
| 6121 | applicant shall be informed of its place in the queue and |
| 6122 | whether the applicant received an allocation of the eligible |
| 6123 | funds. |
| 6124 | (c) Refund allocations made during the 2011-2012 fiscal |
| 6125 | year shall first be given to any applicants remaining in the |
| 6126 | queue from the prior fiscal year. The department Office shall |
| 6127 | allocate the maximum amount of $50,000 per entity, first to |
| 6128 | those applicants that remained in the queue from 2010-2011 for |
| 6129 | eligible purchases in 2010-2011, then to applicants for 2011- |
| 6130 | 2012 in the order applications are received for eligible |
| 6131 | purchases in 2011-2012. The department Office shall allocate the |
| 6132 | maximum amount of $50,000 per entity until the entire $24 |
| 6133 | million available to be allocated for refund in the 2011-2012 |
| 6134 | fiscal year is allocated. If the total amount available for |
| 6135 | refund in 2011-2012 has been allocated, The department Office |
| 6136 | shall continue to accept applications from eligible entities in |
| 6137 | the 2011-2012 fiscal year for refunds attributable to eligible |
| 6138 | equipment purchases made during the 2011-2012 fiscal year. |
| 6139 | Refund allocations made during the 2011-2012 fiscal year shall |
| 6140 | be awarded in the same order in which applications are received. |
| 6141 | Upon submitting an application, each applicant shall be informed |
| 6142 | of its place in the queue and whether the applicant has received |
| 6143 | an allocation of the eligible funds. |
| 6144 | (5) Upon completion of eligible equipment purchases, a |
| 6145 | business entity that received a refund allocation from the |
| 6146 | department Office must apply to the Governor office for |
| 6147 | certification of a refund. For eligible equipment purchases made |
| 6148 | during the 2010-2011 fiscal year, the application for |
| 6149 | certification must be made no later than September 1, 2011. For |
| 6150 | eligible equipment purchases made during the 2011-2012 fiscal |
| 6151 | year, the application for certification must be made no later |
| 6152 | than September 1, 2012. The application shall provide such |
| 6153 | documentation as is reasonably required by the department Office |
| 6154 | to calculate the refund amount, including documentation |
| 6155 | necessary to confirm the cost of eligible equipment purchases |
| 6156 | supporting the claim of the sales and use tax paid thereon. |
| 6157 | Further, the business entity shall provide such documentation as |
| 6158 | required by the department Office to establish the entity's base |
| 6159 | year purchases. If, upon reviewing the application, the |
| 6160 | department Office determines that eligible equipment purchases |
| 6161 | did not occur, that the amount of tax claimed to have been paid |
| 6162 | or remitted on the eligible equipment purchases is not supported |
| 6163 | by the documentation provided, or that the information provided |
| 6164 | to the Office was otherwise inaccurate, the amount of the refund |
| 6165 | allocation not substantiated may shall not be certified. |
| 6166 | Otherwise, the department Office shall recommend to the Governor |
| 6167 | determine and certify the amount of the refund to certify to the |
| 6168 | eligible entity and to the Department of Revenue within 30 days |
| 6169 | after the Department of Economic Opportunity office receives the |
| 6170 | application for certification. |
| 6171 | (6) Upon certification of a refund for an eligible entity, |
| 6172 | the entity shall apply to the Department of Revenue within 30 |
| 6173 | days for payment of the certified amount as a refund on a form |
| 6174 | prescribed by the Department of Revenue. The Department of |
| 6175 | Revenue may request documentation in support of the application |
| 6176 | and adopt emergency rules to administer the refund application |
| 6177 | process. |
| 6178 | (9) The Department of Economic Opportunity Office shall |
| 6179 | adopt emergency rules governing applications for, issuance of, |
| 6180 | and procedures for allocation and certification and may |
| 6181 | establish guidelines as to the requisites for demonstrating base |
| 6182 | year purchases and eligible equipment purchases. |
| 6183 | Section 73. Subsections (2), (3), and (5) of section |
| 6184 | 288.1088, Florida Statutes, are amended to read: |
| 6185 | 288.1088 Quick Action Closing Fund.- |
| 6186 | (2) There is created within the department Office of |
| 6187 | Tourism, Trade, and Economic Development the Quick Action |
| 6188 | Closing Fund. Projects eligible for receipt of funds from the |
| 6189 | Quick Action Closing Fund shall: |
| 6190 | (a) Be in an industry as referenced in s. 288.106. |
| 6191 | (b) Have a positive economic benefit payback ratio of at |
| 6192 | least 5 to 1. |
| 6193 | (c) Be an inducement to the project's location or |
| 6194 | expansion in the state. |
| 6195 | (d) Pay an average annual wage of at least 125 percent of |
| 6196 | the areawide or statewide private sector average wage. |
| 6197 | (e) Be supported by the local community in which the |
| 6198 | project is to be located. |
| 6199 | (3)(a) The department Enterprise Florida, Inc., shall |
| 6200 | review applications pursuant to s. 288.061 and determine the |
| 6201 | eligibility of each project consistent with the criteria in |
| 6202 | subsection (2). Waiver of Enterprise Florida, Inc., in |
| 6203 | consultation with the Office of Tourism, Trade, and Economic |
| 6204 | Development, may waive these criteria may be considered under |
| 6205 | the following conditions: |
| 6206 | 1. Based on extraordinary circumstances; |
| 6207 | 2. In order to mitigate the impact of the conclusion of |
| 6208 | the space shuttle program; or |
| 6209 | 3. In rural areas of critical economic concern if the |
| 6210 | project would significantly benefit the local or regional |
| 6211 | economy. |
| 6212 | (b) The department Enterprise Florida, Inc., shall |
| 6213 | evaluate individual proposals for high-impact business |
| 6214 | facilities and forward recommendations regarding the use of |
| 6215 | moneys in the fund for such facilities to the director of the |
| 6216 | Office of Tourism, Trade, and Economic Development. Such |
| 6217 | evaluation and recommendation must include, but need not be |
| 6218 | limited to: |
| 6219 | 1. A description of the type of facility or |
| 6220 | infrastructure, its operations, and the associated product or |
| 6221 | service associated with the facility. |
| 6222 | 2. The number of full-time-equivalent jobs that will be |
| 6223 | created by the facility and the total estimated average annual |
| 6224 | wages of those jobs or, in the case of privately developed rural |
| 6225 | infrastructure, the types of business activities and jobs |
| 6226 | stimulated by the investment. |
| 6227 | 3. The cumulative amount of investment to be dedicated to |
| 6228 | the facility within a specified period. |
| 6229 | 4. A statement of any special impacts the facility is |
| 6230 | expected to stimulate in a particular business sector in the |
| 6231 | state or regional economy or in the state's universities and |
| 6232 | community colleges. |
| 6233 | 5. A statement of the role the incentive is expected to |
| 6234 | play in the decision of the applicant business to locate or |
| 6235 | expand in this state or for the private investor to provide |
| 6236 | critical rural infrastructure. |
| 6237 | 6. A report evaluating the quality and value of the |
| 6238 | company submitting a proposal. The report must include: |
| 6239 | a. A financial analysis of the company, including an |
| 6240 | evaluation of the company's short-term liquidity ratio as |
| 6241 | measured by its assets to liability, the company's profitability |
| 6242 | ratio, and the company's long-term solvency as measured by its |
| 6243 | debt-to-equity ratio; |
| 6244 | b. The historical market performance of the company; |
| 6245 | c. A review of any independent evaluations of the company; |
| 6246 | d. A review of the latest audit of the company's financial |
| 6247 | statement and the related auditor's management letter; and |
| 6248 | e. A review of any other types of audits that are related |
| 6249 | to the internal and management controls of the company. |
| 6250 | (c) The Commissioner of Economic Opportunity Within 22 |
| 6251 | calendar days after receiving the evaluation and recommendation |
| 6252 | from Enterprise Florida, Inc., the director of the Office of |
| 6253 | Tourism, Trade, and Economic Development shall recommend to the |
| 6254 | Governor the approval or disapproval of a project for receipt of |
| 6255 | funds from the Quick Action Closing Fund. In recommending a |
| 6256 | project, the commissioner the director shall include proposed |
| 6257 | performance conditions that the project must meet to obtain |
| 6258 | incentive funds. The Governor may approve project awards up to |
| 6259 | $5 million. For any project award that exceeds $5 million, the |
| 6260 | Governor shall provide the evaluation of projects recommended |
| 6261 | for approval to the President of the Senate and the Speaker of |
| 6262 | the House of Representatives and consult with the President of |
| 6263 | the Senate and the Speaker of the House of Representatives |
| 6264 | before giving final approval for the a project. Such |
| 6265 | consultation shall be accomplished by At least 14 days before |
| 6266 | releasing funds for a project, the Executive Office of the |
| 6267 | Governor, recommending shall recommend approval of the project |
| 6268 | and the release of funds by delivering notice of such action |
| 6269 | pursuant to the legislative consultation and review requirements |
| 6270 | set forth in s. 216.177. The recommendation must include |
| 6271 | proposed performance conditions that the project must meet in |
| 6272 | order to obtain funds. If the chair or vice chair of the |
| 6273 | Legislative Budget Commission or the President of the Senate or |
| 6274 | the Speaker of the House of Representatives timely advises the |
| 6275 | Executive Office of the Governor, in writing, within 3 business |
| 6276 | days after receipt of the notice that such action or proposed |
| 6277 | action exceeds the delegated authority of the Executive Office |
| 6278 | of the Governor or is contrary to legislative policy or intent, |
| 6279 | the Executive Office of the Governor shall void the action |
| 6280 | release of funds and instruct the department Office of Tourism, |
| 6281 | Trade, and Economic Development to immediately change such |
| 6282 | action or proposed action until the Legislative Budget |
| 6283 | Commission or the Legislature addresses the issue. |
| 6284 | Notwithstanding such requirement, any project exceeding |
| 6285 | $2,000,000 must be approved by the Legislative Budget Commission |
| 6286 | prior to the funds being released. |
| 6287 | (d) Upon the approval of the project, the Governor, the |
| 6288 | director of the Office of Tourism, Trade, and Economic |
| 6289 | Development and the business shall enter into a contract that |
| 6290 | sets forth the conditions for payment of moneys from the fund. |
| 6291 | The contract must include the total amount of funds awarded; the |
| 6292 | performance conditions that must be met to obtain the award, |
| 6293 | including, but not limited to, net new employment in the state, |
| 6294 | average salary, and total capital investment; demonstrate a |
| 6295 | baseline of current service and a measure of enhanced |
| 6296 | capability; the methodology for validating performance; the |
| 6297 | schedule of payments from the fund; and sanctions for failure to |
| 6298 | meet performance conditions. The contract must provide that |
| 6299 | payment of moneys from the fund is contingent upon sufficient |
| 6300 | appropriation of funds by the Legislature. |
| 6301 | (e) The department Enterprise Florida, Inc., shall |
| 6302 | validate contractor performance. Such validation shall be |
| 6303 | reported within 6 months after completion of the contract to the |
| 6304 | Governor, President of the Senate, and the Speaker of the House |
| 6305 | of Representatives. |
| 6306 | (5) Funds appropriated by the Legislature for purposes of |
| 6307 | implementing this section shall be placed in reserve and may |
| 6308 | only be released pursuant to the legislative consultation and |
| 6309 | review requirements set forth in this section. |
| 6310 | Section 74. Subsection (1), paragraphs (b), (f), and (o) |
| 6311 | of subsection (2), and subsections (3), (4), (5), (6), (7), (8), |
| 6312 | (9), (11), and (12) of section 288.1089, Florida Statutes, are |
| 6313 | amended, and present paragraphs (g) through (n) and paragraphs |
| 6314 | (p) through (s) of subsection (2) are redesignated as paragraphs |
| 6315 | (f) through (m) and paragraphs (n) through (q), respectively, to |
| 6316 | read: |
| 6317 | 288.1089 Innovation Incentive Program.- |
| 6318 | (1) The Innovation Incentive Program is created within the |
| 6319 | department Office of Tourism, Trade, and Economic Development to |
| 6320 | ensure that sufficient resources are available to allow the |
| 6321 | state to respond expeditiously to extraordinary economic |
| 6322 | opportunities and to compete effectively for high-value research |
| 6323 | and development, innovation business, and alternative and |
| 6324 | renewal energy projects. |
| 6325 | (2) As used in this section, the term: |
| 6326 | (b) "Average private sector wage" means the statewide |
| 6327 | average wage in the private sector or the average of all private |
| 6328 | sector wages in the county or in the standard metropolitan area |
| 6329 | in which the project is located as determined by the department |
| 6330 | Agency for Workforce Innovation. |
| 6331 | (f) "Director" means the director of the Office of |
| 6332 | Tourism, Trade, and Economic Development. |
| 6333 | (o) "Office" means the Office of Tourism, Trade, and |
| 6334 | Economic Development. |
| 6335 | (3) To be eligible for consideration for an innovation |
| 6336 | incentive award, an innovation business, a research and |
| 6337 | development entity, or an alternative and renewable energy |
| 6338 | company must submit a written application to the department |
| 6339 | Enterprise Florida, Inc., before making a decision to locate new |
| 6340 | operations in this state or expand an existing operation in this |
| 6341 | state. The application must include, but not be limited to: |
| 6342 | (a) The applicant's federal employer identification |
| 6343 | number, unemployment account number, and state sales tax |
| 6344 | registration number. If such numbers are not available at the |
| 6345 | time of application, they must be submitted to the department |
| 6346 | office in writing before prior to the disbursement of any |
| 6347 | payments under this section. |
| 6348 | (b) The location in this state at which the project is |
| 6349 | located or is to be located. |
| 6350 | (c) A description of the type of business activity, |
| 6351 | product, or research and development undertaken by the |
| 6352 | applicant, including six-digit North American Industry |
| 6353 | Classification System codes for all activities included in the |
| 6354 | project. |
| 6355 | (d) The applicant's projected investment in the project. |
| 6356 | (e) The total investment, from all sources, in the |
| 6357 | project. |
| 6358 | (f) The number of net new full-time equivalent jobs in |
| 6359 | this state the applicant anticipates having created as of |
| 6360 | December 31 of each year in the project and the average annual |
| 6361 | wage of such jobs. |
| 6362 | (g) The total number of full-time equivalent employees |
| 6363 | currently employed by the applicant in this state, if |
| 6364 | applicable. |
| 6365 | (h) The anticipated commencement date of the project. |
| 6366 | (i) A detailed explanation of why the innovation incentive |
| 6367 | is needed to induce the applicant to expand or locate in the |
| 6368 | state and whether an award would cause the applicant to locate |
| 6369 | or expand in this state. |
| 6370 | (j) If applicable, an estimate of the proportion of the |
| 6371 | revenues resulting from the project that will be generated |
| 6372 | outside this state. |
| 6373 | (4) To qualify for review by the department Office, the |
| 6374 | applicant must, at a minimum, establish the following to the |
| 6375 | satisfaction of the department Enterprise Florida, Inc., and the |
| 6376 | Office: |
| 6377 | (a) The jobs created by the project must pay an estimated |
| 6378 | annual average wage equaling at least 130 percent of the average |
| 6379 | private sector wage. The Governor Office may waive this average |
| 6380 | wage requirement at the request of Enterprise Florida, Inc., for |
| 6381 | a project located in a rural area, a brownfield area, or an |
| 6382 | enterprise zone, when the merits of the individual project or |
| 6383 | the specific circumstances in the community in relationship to |
| 6384 | the project warrant such action. A recommendation for waiver by |
| 6385 | the department Enterprise Florida, Inc., must include a specific |
| 6386 | justification for the waiver and be transmitted to the Governor |
| 6387 | by the department Office in writing. If the Governor director |
| 6388 | elects to waive the wage requirement, the waiver must be stated |
| 6389 | in writing and the reasons for granting the waiver must be |
| 6390 | explained. |
| 6391 | (b) A research and development project must: |
| 6392 | 1. Serve as a catalyst for an emerging or evolving |
| 6393 | technology cluster. |
| 6394 | 2. Demonstrate a plan for significant higher education |
| 6395 | collaboration. |
| 6396 | 3. Provide the state, at a minimum, a break-even return on |
| 6397 | investment within a 20-year period. |
| 6398 | 4. Be provided with a one-to-one match from the local |
| 6399 | community. The match requirement may be reduced or waived in |
| 6400 | rural areas of critical economic concern or reduced in rural |
| 6401 | areas, brownfield areas, and enterprise zones. |
| 6402 | (c) An innovation business project in this state, other |
| 6403 | than a research and development project, must: |
| 6404 | 1.a. Result in the creation of at least 1,000 direct, new |
| 6405 | jobs at the business; or |
| 6406 | b. Result in the creation of at least 500 direct, new jobs |
| 6407 | if the project is located in a rural area, a brownfield area, or |
| 6408 | an enterprise zone. |
| 6409 | 2. Have an activity or product that is within an industry |
| 6410 | that is designated as a target industry business under s. |
| 6411 | 288.106 or a designated sector under s. 288.108. |
| 6412 | 3.a. Have a cumulative investment of at least $500 million |
| 6413 | within a 5-year period; or |
| 6414 | b. Have a cumulative investment that exceeds $250 million |
| 6415 | within a 10-year period if the project is located in a rural |
| 6416 | area, brownfield area, or an enterprise zone. |
| 6417 | 4. Be provided with a one-to-one match from the local |
| 6418 | community. The match requirement may be reduced or waived in |
| 6419 | rural areas of critical economic concern or reduced in rural |
| 6420 | areas, brownfield areas, and enterprise zones. |
| 6421 | (d) For an alternative and renewable energy project in |
| 6422 | this state, the project must: |
| 6423 | 1. Demonstrate a plan for significant collaboration with |
| 6424 | an institution of higher education; |
| 6425 | 2. Provide the state, at a minimum, a break-even return on |
| 6426 | investment within a 20-year period; |
| 6427 | 3. Include matching funds provided by the applicant or |
| 6428 | other available sources. The match requirement may be reduced or |
| 6429 | waived in rural areas of critical economic concern or reduced in |
| 6430 | rural areas, brownfield areas, and enterprise zones; |
| 6431 | 4. Be located in this state; and |
| 6432 | 5. Provide at least 35 direct, new jobs that pay an |
| 6433 | estimated annual average wage that equals at least 130 percent |
| 6434 | of the average private sector wage. |
| 6435 | (5) The department Enterprise Florida, Inc., shall review |
| 6436 | evaluate proposals pursuant s. 288.061 for all three categories |
| 6437 | of innovation incentive awards and transmit recommendations for |
| 6438 | awards to the Office. Before recommending a proposal to the |
| 6439 | Governor, the department making its recommendations on |
| 6440 | alternative and renewable energy projects, Enterprise Florida, |
| 6441 | Inc., shall solicit comments and recommendations from the |
| 6442 | Florida Energy and Climate Commission. For each project, the |
| 6443 | evaluation and recommendation to the Governor office must |
| 6444 | include, but need not be limited to: |
| 6445 | (a) A description of the project, its required facilities, |
| 6446 | and the associated product, service, or research and development |
| 6447 | associated with the project. |
| 6448 | (b) The percentage of match provided for the project. |
| 6449 | (c) The number of full-time equivalent jobs that will be |
| 6450 | created by the project, the total estimated average annual wages |
| 6451 | of such jobs, and the types of business activities and jobs |
| 6452 | likely to be stimulated by the project. |
| 6453 | (d) The cumulative investment to be dedicated to the |
| 6454 | project within 5 years and the total investment expected in the |
| 6455 | project if more than 5 years. |
| 6456 | (e) The projected economic and fiscal impacts on the local |
| 6457 | and state economies relative to investment. |
| 6458 | (f) A statement of any special impacts the project is |
| 6459 | expected to stimulate in a particular business sector in the |
| 6460 | state or regional economy or in the state's universities and |
| 6461 | community colleges. |
| 6462 | (g) A statement of any anticipated or proposed |
| 6463 | relationships with state universities. |
| 6464 | (h) A statement of the role the incentive is expected to |
| 6465 | play in the decision of the applicant to locate or expand in |
| 6466 | this state. |
| 6467 | (i) A recommendation and explanation of the amount of the |
| 6468 | award needed to cause the applicant to expand or locate in this |
| 6469 | state. |
| 6470 | (j) A discussion of the efforts and commitments made by |
| 6471 | the local community in which the project is to be located to |
| 6472 | induce the applicant's location or expansion, taking into |
| 6473 | consideration local resources and abilities. |
| 6474 | (k) A recommendation for specific performance criteria the |
| 6475 | applicant would be expected to achieve in order to receive |
| 6476 | payments from the fund and penalties or sanctions for failure to |
| 6477 | meet or maintain performance conditions. |
| 6478 | (l) Additional evaluative criteria for a research and |
| 6479 | development facility project, including: |
| 6480 | 1. A description of the extent to which the project has |
| 6481 | the potential to serve as catalyst for an emerging or evolving |
| 6482 | cluster. |
| 6483 | 2. A description of the extent to which the project has or |
| 6484 | could have a long-term collaborative research and development |
| 6485 | relationship with one or more universities or community colleges |
| 6486 | in this state. |
| 6487 | 3. A description of the existing or projected impact of |
| 6488 | the project on established clusters or targeted industry |
| 6489 | sectors. |
| 6490 | 4. A description of the project's contribution to the |
| 6491 | diversity and resiliency of the innovation economy of this |
| 6492 | state. |
| 6493 | 5. A description of the project's impact on special needs |
| 6494 | communities, including, but not limited to, rural areas, |
| 6495 | distressed urban areas, and enterprise zones. |
| 6496 | (m) Additional evaluative criteria for alternative and |
| 6497 | renewable energy proposals, including: |
| 6498 | 1. The availability of matching funds or other in-kind |
| 6499 | contributions applied to the total project from an applicant. |
| 6500 | The commission shall give greater preference to projects that |
| 6501 | provide such matching funds or other in-kind contributions. |
| 6502 | 2. The degree to which the project stimulates in-state |
| 6503 | capital investment and economic development in metropolitan and |
| 6504 | rural areas, including the creation of jobs and the future |
| 6505 | development of a commercial market for renewable energy |
| 6506 | technologies. |
| 6507 | 3. The extent to which the proposed project has been |
| 6508 | demonstrated to be technically feasible based on pilot project |
| 6509 | demonstrations, laboratory testing, scientific modeling, or |
| 6510 | engineering or chemical theory that supports the proposal. |
| 6511 | 4. The degree to which the project incorporates an |
| 6512 | innovative new technology or an innovative application of an |
| 6513 | existing technology. |
| 6514 | 5. The degree to which a project generates thermal, |
| 6515 | mechanical, or electrical energy by means of a renewable energy |
| 6516 | resource that has substantial long-term production potential. |
| 6517 | 6. The degree to which a project demonstrates efficient |
| 6518 | use of energy and material resources. |
| 6519 | 7. The degree to which the project fosters overall |
| 6520 | understanding and appreciation of renewable energy technologies. |
| 6521 | 8. The ability to administer a complete project. |
| 6522 | 9. Project duration and timeline for expenditures. |
| 6523 | 10. The geographic area in which the project is to be |
| 6524 | conducted in relation to other projects. |
| 6525 | 11. The degree of public visibility and interaction. |
| 6526 | (6) In consultation with The department Enterprise |
| 6527 | Florida, Inc., the Office may negotiate the proposed amount of |
| 6528 | an award for any applicant meeting the requirements of this |
| 6529 | section. In negotiating such award, the department office shall |
| 6530 | consider the amount of the incentive needed to cause the |
| 6531 | applicant to locate or expand in this state in conjunction with |
| 6532 | other relevant applicant impact and cost information and |
| 6533 | analysis as described in this section. Particular emphasis shall |
| 6534 | be given to the potential for the project to stimulate |
| 6535 | additional private investment and high-quality employment |
| 6536 | opportunities in the area. |
| 6537 | (7) Upon receipt of the evaluation and recommendation from |
| 6538 | the department, Enterprise Florida, Inc., the director shall |
| 6539 | recommend to the Governor shall the approve approval or deny |
| 6540 | disapproval of an award. In recommending approval of an award, |
| 6541 | the department director shall include proposed performance |
| 6542 | conditions that the applicant must meet in order to obtain |
| 6543 | incentive funds and any other conditions that must be met before |
| 6544 | the receipt of any incentive funds. The Governor shall consult |
| 6545 | with the President of the Senate and the Speaker of the House of |
| 6546 | Representatives before giving approval for an award. Upon review |
| 6547 | and approval of an award by the Legislative Budget Commission, |
| 6548 | the Executive Office of the Governor shall release the funds. |
| 6549 | (8)(a) After the conditions set forth in subsection (7) |
| 6550 | have been met, the Governor, through the department, director |
| 6551 | shall issue a letter certifying the applicant as qualified for |
| 6552 | an award. The Governor Office and the award recipient shall |
| 6553 | enter into an agreement that sets forth the conditions for |
| 6554 | payment of the incentive funds. The agreement must include, at a |
| 6555 | minimum: |
| 6556 | 1. The total amount of funds awarded. |
| 6557 | 2. The performance conditions that must be met in order to |
| 6558 | obtain the award or portions of the award, including, but not |
| 6559 | limited to, net new employment in the state, average wage, and |
| 6560 | total cumulative investment. |
| 6561 | 3. Demonstration of a baseline of current service and a |
| 6562 | measure of enhanced capability. |
| 6563 | 4. The methodology for validating performance. |
| 6564 | 5. The schedule of payments. |
| 6565 | 6. Sanctions for failure to meet performance conditions, |
| 6566 | including any clawback provisions. |
| 6567 | (b) Additionally, agreements signed on or after July 1, |
| 6568 | 2009, must include the following provisions: |
| 6569 | 1. Notwithstanding subsection (4), a requirement that the |
| 6570 | jobs created by the recipient of the incentive funds pay an |
| 6571 | annual average wage at least equal to the relevant industry's |
| 6572 | annual average wage or at least 130 percent of the average |
| 6573 | private sector wage, whichever is greater. |
| 6574 | 2. A reinvestment requirement. Each recipient of an award |
| 6575 | shall reinvest up to 15 percent of net royalty revenues, |
| 6576 | including revenues from spin-off companies and the revenues from |
| 6577 | the sale of stock it receives from the licensing or transfer of |
| 6578 | inventions, methods, processes, and other patentable discoveries |
| 6579 | conceived or reduced to practice using its facilities in Florida |
| 6580 | or its Florida-based employees, in whole or in part, and to |
| 6581 | which the recipient of the grant becomes entitled during the 20 |
| 6582 | years following the effective date of its agreement with the |
| 6583 | Governor office. Each recipient of an award also shall reinvest |
| 6584 | up to 15 percent of the gross revenues it receives from naming |
| 6585 | opportunities associated with any facility it builds in this |
| 6586 | state. Reinvestment payments shall commence no later than 6 |
| 6587 | months after the recipient of the grant has received the final |
| 6588 | disbursement under the contract and shall continue until the |
| 6589 | maximum reinvestment, as specified in the contract, has been |
| 6590 | paid. Reinvestment payments shall be remitted to the department |
| 6591 | office for deposit in the Biomedical Research Trust Fund for |
| 6592 | companies specializing in biomedicine or life sciences, or in |
| 6593 | the Economic Development Trust Fund for companies specializing |
| 6594 | in fields other than biomedicine or the life sciences. If these |
| 6595 | trust funds no longer exist at the time of the reinvestment, the |
| 6596 | state's share of reinvestment shall be deposited in their |
| 6597 | successor trust funds as determined by law. Each recipient of an |
| 6598 | award shall annually submit a schedule of the shares of stock |
| 6599 | held by it as payment of the royalty required by this paragraph |
| 6600 | and report on any trades or activity concerning such stock. Each |
| 6601 | recipient's reinvestment obligations survive the expiration or |
| 6602 | termination of its agreement with the state. |
| 6603 | 3. Requirements for the establishment of internship |
| 6604 | programs or other learning opportunities for educators and |
| 6605 | secondary, postsecondary, graduate, and doctoral students. |
| 6606 | 4. A requirement that the recipient submit quarterly |
| 6607 | reports and annual reports related to activities and performance |
| 6608 | to the department Office, according to standardized reporting |
| 6609 | periods. |
| 6610 | 5. A requirement for an annual accounting to the |
| 6611 | Department of Economic Opportunity Office of the expenditure of |
| 6612 | funds disbursed under this section. |
| 6613 | 6. A process for amending the agreement. |
| 6614 | (9) The department Enterprise Florida, Inc., shall |
| 6615 | validate assist the Office in validating the performance of an |
| 6616 | innovation business, a research and development facility, or an |
| 6617 | alternative and renewable energy business that has received an |
| 6618 | award. At the conclusion of the innovation incentive award |
| 6619 | agreement, or its earlier termination, the department Enterprise |
| 6620 | Florida, Inc., shall, within 90 days, submit a report to the |
| 6621 | Governor, the President of the Senate, and the Speaker of the |
| 6622 | House of Representatives detailing whether the recipient of the |
| 6623 | innovation incentive grant achieved its specified outcomes. |
| 6624 | (11)(a) The department Beginning January 5, 2010, and |
| 6625 | every year thereafter, the Office shall submit to the Governor, |
| 6626 | the President of the Senate, and the Speaker of the House of |
| 6627 | Representatives, as part of the annual report, a report |
| 6628 | summarizing the activities and accomplishments of the recipients |
| 6629 | of grants from the Innovation Incentive Program during the |
| 6630 | previous 12 months and an evaluation by the office of whether |
| 6631 | the recipients are catalysts for additional direct and indirect |
| 6632 | economic development in Florida. |
| 6633 | (b) Beginning March 1, 2010, and every third year |
| 6634 | thereafter, the Office of Program Policy Analysis and Government |
| 6635 | Accountability, in consultation with the Auditor General's |
| 6636 | Office, shall release a report evaluating the Innovation |
| 6637 | Incentive Program's progress toward creating clusters of high- |
| 6638 | wage, high-skilled, complementary industries that serve as |
| 6639 | catalysts for economic growth specifically in the regions in |
| 6640 | which they are located, and generally for the state as a whole. |
| 6641 | Such report should include critical analyses of quarterly and |
| 6642 | annual reports, annual audits, and other documents prepared by |
| 6643 | the Innovation Incentive Program awardees; relevant economic |
| 6644 | development reports prepared by the department office, |
| 6645 | Enterprise Florida, Inc., and local or regional economic |
| 6646 | development organizations; interviews with the parties involved; |
| 6647 | and any other relevant data. Such report should also include |
| 6648 | legislative recommendations, if necessary, on how to improve the |
| 6649 | Innovation Incentive Program so that the program reaches its |
| 6650 | anticipated potential as a catalyst for direct and indirect |
| 6651 | economic development in this state. |
| 6652 | (12) The Office may seek the assistance of the Office of |
| 6653 | Program Policy Analysis and Government Accountability, the |
| 6654 | Legislature's Office of Economic and Demographic Research, and |
| 6655 | other entities for the purpose of developing performance |
| 6656 | measures or techniques to quantify the synergistic economic |
| 6657 | development impacts that awardees of grants are having within |
| 6658 | their communities. |
| 6659 | Section 75. Section 288.1095, Florida Statutes, is amended |
| 6660 | to read: |
| 6661 | 288.1095 Information concerning the One-Stop Permitting |
| 6662 | System.-The department Office of Tourism, Trade, and Economic |
| 6663 | Development shall develop literature that explains the One-Stop |
| 6664 | Permitting System and identifies those counties that have been |
| 6665 | designated as Quick Permitting Counties. The literature must be |
| 6666 | updated at least once each year. To the maximum extent feasible, |
| 6667 | state agencies and Enterprise Florida, Inc., shall distribute |
| 6668 | such literature and inform the public of the One-Stop Permitting |
| 6669 | System and the Quick Permitting Counties. In addition, |
| 6670 | Enterprise Florida, Inc., shall provide this information to |
| 6671 | prospective, new, expanding, and relocating businesses seeking |
| 6672 | to conduct business in this state, municipalities, counties, |
| 6673 | economic-development organizations, and chambers of commerce. |
| 6674 | Section 76. Subsections (1), (2), and (3), paragraphs (d) |
| 6675 | and (e) of subsection (4), paragraph (a) of subsection (6), and |
| 6676 | subsection (8) of section 288.1162, Florida Statutes, are |
| 6677 | amended to read: |
| 6678 | 288.1162 Professional sports franchises; duties.- |
| 6679 | (1) The Department of Economic Opportunity Office of |
| 6680 | Tourism, Trade, and Economic Development shall serve as the |
| 6681 | state agency for screening applicants for state funding under s. |
| 6682 | 212.20 and for certifying an applicant as a facility for a new |
| 6683 | or retained professional sports franchise. |
| 6684 | (2) The department Office of Tourism, Trade, and Economic |
| 6685 | Development shall develop rules for the receipt and processing |
| 6686 | of applications for funding under s. 212.20. |
| 6687 | (3) As used in this section, the term: |
| 6688 | (a) "New professional sports franchise" means a |
| 6689 | professional sports franchise that was not based in this state |
| 6690 | before April 1, 1987. |
| 6691 | (b) "Retained professional sports franchise" means a |
| 6692 | professional sports franchise that has had a league-authorized |
| 6693 | location in this state on or before December 31, 1976, and has |
| 6694 | continuously remained at that location, and has never been |
| 6695 | located at a facility that has been previously certified under |
| 6696 | any provision of this section. |
| 6697 | (4) Before certifying an applicant as a facility for a new |
| 6698 | or retained professional sports franchise, the department Office |
| 6699 | of Tourism, Trade, and Economic Development must determine that: |
| 6700 | (d) The applicant has projections, verified by the |
| 6701 | department Office of Tourism, Trade, and Economic Development, |
| 6702 | which demonstrate that the new or retained professional sports |
| 6703 | franchise will attract a paid attendance of more than 300,000 |
| 6704 | annually. |
| 6705 | (e) The applicant has an independent analysis or study, |
| 6706 | verified by the department Office of Tourism, Trade, and |
| 6707 | Economic Development, which demonstrates that the amount of the |
| 6708 | revenues generated by the taxes imposed under chapter 212 with |
| 6709 | respect to the use and operation of the professional sports |
| 6710 | franchise facility will equal or exceed $2 million annually. |
| 6711 | (6)(a) The Governor, through the department, Office of |
| 6712 | Tourism, Trade, and Economic Development shall notify the |
| 6713 | Department of Revenue of any facility certified as a facility |
| 6714 | for a new or retained professional sports franchise. The |
| 6715 | Governor, through the department, Office of Tourism, Trade, and |
| 6716 | Economic Development shall certify no more than eight facilities |
| 6717 | as facilities for a new professional sports franchise or as |
| 6718 | facilities for a retained professional sports franchise, |
| 6719 | including in the total any facilities certified by the former |
| 6720 | Department of Commerce before July 1, 1996. The Governor, |
| 6721 | through the department, office may make no more than one |
| 6722 | certification for any facility. |
| 6723 | (8) An applicant is not qualified for certification under |
| 6724 | this section if the franchise formed the basis for a previous |
| 6725 | certification, unless the previous certification was withdrawn |
| 6726 | by the facility or invalidated by the department Office of |
| 6727 | Tourism, Trade, and Economic Development or the former |
| 6728 | Department of Commerce before any funds were distributed under |
| 6729 | s. 212.20. This subsection does not disqualify an applicant if |
| 6730 | the previous certification occurred between May 23, 1993, and |
| 6731 | May 25, 1993; however, any funds to be distributed under s. |
| 6732 | 212.20 for the second certification shall be offset by the |
| 6733 | amount distributed to the previous certified facility. |
| 6734 | Distribution of funds for the second certification may shall not |
| 6735 | be made until all amounts payable for the first certification |
| 6736 | are distributed. |
| 6737 | Section 77. Subsections (1), (2), (4), (5), (6), (7), and |
| 6738 | (8) of section 288.11621, Florida Statutes, are amended, to |
| 6739 | read: |
| 6740 | 288.11621 Spring training baseball franchises.- |
| 6741 | (1) DEFINITIONS.-As used in this section, the term: |
| 6742 | (a) "Agreement" means a certified, signed lease between an |
| 6743 | applicant that applies for certification on or after July 1, |
| 6744 | 2010, and the spring training franchise for the use of a |
| 6745 | facility. |
| 6746 | (b) "Applicant" means a unit of local government as |
| 6747 | defined in s. 218.369, including local governments located in |
| 6748 | the same county that have partnered with a certified applicant |
| 6749 | before the effective date of this section or with an applicant |
| 6750 | for a new certification, for purposes of sharing in the |
| 6751 | responsibilities of a facility. |
| 6752 | (c) "Certified applicant" means a facility for a spring |
| 6753 | training franchise that was certified before July 1, 2010, under |
| 6754 | s. 288.1162(5), Florida Statutes 2009, or a unit of local |
| 6755 | government that is certified under this section. |
| 6756 | (d) "Facility" means a spring training stadium, playing |
| 6757 | fields, and appurtenances intended to support spring training |
| 6758 | activities. |
| 6759 | (e) "Local funds" and "local matching funds" mean funds |
| 6760 | provided by a county, municipality, or other local government. |
| 6761 | (f) "Office" means The Office of Tourism, Trade, and |
| 6762 | Economic Development. |
| 6763 | (2) CERTIFICATION PROCESS.- |
| 6764 | (a) Before certifying an applicant to receive state |
| 6765 | funding for a facility for a spring training franchise, the |
| 6766 | Governor, through the department, Office must verify that: |
| 6767 | 1. The applicant is responsible for the acquisition, |
| 6768 | construction, management, or operation of the facility for a |
| 6769 | spring training franchise or holds title to the property on |
| 6770 | which the facility for a spring training franchise is located. |
| 6771 | 2. The applicant has a certified copy of a signed |
| 6772 | agreement with a spring training franchise for the use of the |
| 6773 | facility for a term of at least 20 years. The agreement also |
| 6774 | must require the franchise to reimburse the state for state |
| 6775 | funds expended by an applicant under this section if the |
| 6776 | franchise relocates before the agreement expires. The agreement |
| 6777 | may be contingent on an award of funds under this section and |
| 6778 | other conditions precedent. |
| 6779 | 3. The applicant has made a financial commitment to |
| 6780 | provide 50 percent or more of the funds required by an agreement |
| 6781 | for the acquisition, construction, or renovation of the facility |
| 6782 | for a spring training franchise. The commitment may be |
| 6783 | contingent upon an award of funds under this section and other |
| 6784 | conditions precedent. |
| 6785 | 4. The applicant demonstrates that the facility for a |
| 6786 | spring training franchise will attract a paid attendance of at |
| 6787 | least 50,000 annually to the spring training games. |
| 6788 | 5. The facility for a spring training franchise is located |
| 6789 | in a county that levies a tourist development tax under s. |
| 6790 | 125.0104. |
| 6791 | (b) The department office shall competitively evaluate |
| 6792 | applications for state funding of a facility for a spring |
| 6793 | training franchise. The total number of certifications may not |
| 6794 | exceed 10 at any time. The evaluation criteria must include, |
| 6795 | with priority given in descending order to, the following items: |
| 6796 | 1. The anticipated effect on the economy of the local |
| 6797 | community where the spring training facility is to be built, |
| 6798 | including projections on paid attendance, local and state tax |
| 6799 | collections generated by spring training games, and direct and |
| 6800 | indirect job creation resulting from the spring training |
| 6801 | activities. Priority shall be given to applicants who can |
| 6802 | demonstrate the largest projected economic impact. |
| 6803 | 2. The amount of the local matching funds committed to a |
| 6804 | facility relative to the amount of state funding sought, with |
| 6805 | priority given to applicants that commit the largest amount of |
| 6806 | local matching funds relative to the amount of state funding |
| 6807 | sought. |
| 6808 | 3. The potential for the facility to serve multiple uses. |
| 6809 | 4. The intended use of the funds by the applicant, with |
| 6810 | priority given to the funds being used to acquire a facility, |
| 6811 | construct a new facility, or renovate an existing facility. |
| 6812 | 5. The length of time that a spring training franchise has |
| 6813 | been under an agreement to conduct spring training activities |
| 6814 | within an applicant's geographic location or jurisdiction, with |
| 6815 | priority given to applicants having agreements with the same |
| 6816 | franchise for the longest period of time. |
| 6817 | 6. The length of time that an applicant's facility has |
| 6818 | been used by one or more spring training franchises, with |
| 6819 | priority given to applicants whose facilities have been in |
| 6820 | continuous use as facilities for spring training the longest. |
| 6821 | 7. The term remaining on a lease between an applicant and |
| 6822 | a spring training franchise for a facility, with priority given |
| 6823 | to applicants having the shortest lease terms remaining. |
| 6824 | 8. The length of time that a spring training franchise |
| 6825 | agrees to use an applicant's facility if an application is |
| 6826 | granted under this section, with priority given to applicants |
| 6827 | having agreements for the longest future use. |
| 6828 | 9. The net increase of total active recreation space owned |
| 6829 | by the applicant after an acquisition of land for the facility, |
| 6830 | with priority given to applicants having the largest percentage |
| 6831 | increase of total active recreation space that will be available |
| 6832 | for public use. |
| 6833 | 10. The location of the facility in a brownfield, an |
| 6834 | enterprise zone, a community redevelopment area, or other area |
| 6835 | of targeted development or revitalization included in an urban |
| 6836 | infill redevelopment plan, with priority given to applicants |
| 6837 | having facilities located in these areas. |
| 6838 | (c) Each applicant certified on or after July 1, 2010, |
| 6839 | shall enter into an agreement with the Governor office that: |
| 6840 | 1. Specifies the amount of the state incentive funding to |
| 6841 | be distributed. |
| 6842 | 2. States the criteria that the certified applicant must |
| 6843 | meet in order to remain certified. |
| 6844 | 3. States that the certified applicant is subject to |
| 6845 | decertification if the certified applicant fails to comply with |
| 6846 | this section or the agreement. |
| 6847 | 4. States that the department Office may recover state |
| 6848 | incentive funds if the certified applicant is decertified. |
| 6849 | 5. Specifies information that the certified applicant must |
| 6850 | report to the department Office. |
| 6851 | 6. Includes any provision deemed prudent by the department |
| 6852 | Office. |
| 6853 | (4) ANNUAL REPORTS.-On or before September 1 of each year, |
| 6854 | a certified applicant shall submit to the department Office a |
| 6855 | report that includes, but is not limited to: |
| 6856 | (a) A copy of its most recent annual audit. |
| 6857 | (b) A detailed report on all local and state funds |
| 6858 | expended to date on the project being financed under this |
| 6859 | section. |
| 6860 | (c) A copy of the contract between the certified local |
| 6861 | governmental entity and the spring training team. |
| 6862 | (d) A cost-benefit analysis of the team's impact on the |
| 6863 | community. |
| 6864 | (e) Evidence that the certified applicant continues to |
| 6865 | meet the criteria in effect when the applicant was certified. |
| 6866 | (5) DECERTIFICATION.- |
| 6867 | (a) The Governor, through the department, Office shall |
| 6868 | decertify a certified applicant upon the request of the |
| 6869 | certified applicant. |
| 6870 | (b) The Governor, through the department, Office shall |
| 6871 | decertify a certified applicant if the certified applicant does |
| 6872 | not: |
| 6873 | 1. Have a valid agreement with a spring training |
| 6874 | franchise; or |
| 6875 | 2. Satisfy its commitment to provide local matching funds |
| 6876 | to the facility. |
| 6877 |
|
| 6878 | However, decertification proceedings against a local government |
| 6879 | certified before July 1, 2010, shall be delayed until 12 months |
| 6880 | after the expiration of the local government's existing |
| 6881 | agreement with a spring training franchise, and without a new |
| 6882 | agreement being signed, if the certified local government can |
| 6883 | demonstrate to the department office that it is in active |
| 6884 | negotiations with a major league spring training franchise, |
| 6885 | other than the franchise that was the basis for the original |
| 6886 | certification. |
| 6887 | (c) A certified applicant has 60 days after it receives a |
| 6888 | notice of intent to decertify from the Governor, through the |
| 6889 | department, Office to petition the office's director for review |
| 6890 | of the decertification. Within 45 days after receipt of the |
| 6891 | request for review, the Governor, through the department, |
| 6892 | director must notify a certified applicant of the outcome of the |
| 6893 | review. |
| 6894 | (d) The Governor, through the department, Office shall |
| 6895 | notify the Department of Revenue that a certified applicant is |
| 6896 | decertified within 10 days after the order of decertification |
| 6897 | becomes final. The Department of Revenue shall immediately stop |
| 6898 | the payment of any funds under this section that were not |
| 6899 | encumbered by the certified applicant under subparagraph |
| 6900 | (3)(a)2. |
| 6901 | (e) The department Office shall order a decertified |
| 6902 | applicant to repay all of the unencumbered state funds that the |
| 6903 | local government received under this section and any interest |
| 6904 | that accrued on those funds. The repayment must be made within |
| 6905 | 60 days after the decertification order becomes final. These |
| 6906 | funds shall be deposited into the General Revenue Fund. |
| 6907 | (f) A local government as defined in s. 218.369 may not be |
| 6908 | decertified by the Governor if it has paid or pledged for the |
| 6909 | payment of debt service on, or to fund debt service reserve |
| 6910 | funds, arbitrage rebate obligations, or other amounts payable |
| 6911 | with respect thereto, bonds issued for the acquisition, |
| 6912 | construction, reconstruction, or renovation of the facility for |
| 6913 | which the local government was certified, or for the |
| 6914 | reimbursement of such costs or the refinancing of bonds issued |
| 6915 | for the acquisition, construction, reconstruction, or renovation |
| 6916 | of the facility for which the local government was certified, or |
| 6917 | for the reimbursement of such costs or the refinancing of bonds |
| 6918 | issued for such purpose. This subsection does not preclude or |
| 6919 | restrict the ability of a certified local government to |
| 6920 | refinance, refund, or defease such bonds. |
| 6921 | (6) ADDITIONAL CERTIFICATIONS.-If the Governor, through |
| 6922 | the department, Office decertifies a unit of local government, |
| 6923 | the department Office may accept applications for an additional |
| 6924 | certification. A unit of local government may not be certified |
| 6925 | for more than one spring training franchise at any time. |
| 6926 | (7) STRATEGIC PLANNING.- |
| 6927 | (a) The department Office shall request assistance from |
| 6928 | Enterprise Florida, Inc., the Florida Sports Foundation and the |
| 6929 | Florida Grapefruit League Association to develop a comprehensive |
| 6930 | strategic plan to: |
| 6931 | 1. Finance spring training facilities. |
| 6932 | 2. Monitor and oversee the use of state funds awarded to |
| 6933 | applicants. |
| 6934 | 3. Identify the financial impact that spring training has |
| 6935 | on the state and ways in which to maintain or improve that |
| 6936 | impact. |
| 6937 | 4. Identify opportunities to develop public-private |
| 6938 | partnerships to engage in marketing activities and advertise |
| 6939 | spring training baseball. |
| 6940 | 5. Identify efforts made by other states to maintain or |
| 6941 | develop partnerships with baseball spring training teams. |
| 6942 | 6. Develop recommendations for the Legislature to sustain |
| 6943 | or improve this state's spring training tradition. |
| 6944 | (b) The department office shall submit a copy of the |
| 6945 | strategic plan to the Governor, the President of the Senate, and |
| 6946 | the Speaker of the House of Representatives by December 31, |
| 6947 | 2010. |
| 6948 | (8) RULEMAKING.- The department office shall adopt rules |
| 6949 | to implement the certification, decertification, and |
| 6950 | decertification review processes required by this section. |
| 6951 | Section 78. Subsections (1), (2), and (4) of section |
| 6952 | 288.1168, Florida Statutes, are amended to read: |
| 6953 | 288.1168 Professional golf hall of fame facility.- |
| 6954 | (1) The department of Commerce shall serve as the state |
| 6955 | agency for screening applicants for state funding pursuant to s. |
| 6956 | 212.20 and the Governor for certifying one applicant as the |
| 6957 | professional golf hall of fame facility in the state. |
| 6958 | (2) Before Prior to certifying the professional golf hall |
| 6959 | of fame facility, the Governor, through the department of |
| 6960 | Commerce must determine that: |
| 6961 | (a) The professional golf hall of fame facility is the |
| 6962 | only professional golf hall of fame in the United States |
| 6963 | recognized by the PGA Tour, Inc. |
| 6964 | (b) The applicant is a unit of local government as defined |
| 6965 | in s. 218.369 or a private sector group that has contracted to |
| 6966 | construct or operate the professional golf hall of fame facility |
| 6967 | on land owned by a unit of local government. |
| 6968 | (c) The municipality in which the professional golf hall |
| 6969 | of fame facility is located, or the county if the facility is |
| 6970 | located in an unincorporated area, has certified by resolution |
| 6971 | after a public hearing that the application serves a public |
| 6972 | purpose. |
| 6973 | (d) There are existing projections that the professional |
| 6974 | golf hall of fame facility will attract a paid attendance of |
| 6975 | more than 300,000 annually. |
| 6976 | (e) There is an independent analysis or study, using |
| 6977 | methodology approved by the department, which demonstrates that |
| 6978 | the amount of the revenues generated by the taxes imposed under |
| 6979 | chapter 212 with respect to the use and operation of the |
| 6980 | professional golf hall of fame facility will equal or exceed $2 |
| 6981 | million annually. |
| 6982 | (f) The applicant has submitted an agreement to provide $2 |
| 6983 | million annually in national and international media promotion |
| 6984 | of the professional golf hall of fame facility, Florida, and |
| 6985 | Florida tourism, through the PGA Tour, Inc., or its affiliates, |
| 6986 | at the then-current commercial rate, during the period of time |
| 6987 | that the facility receives funds pursuant to s. 212.20. The |
| 6988 | department Office of Tourism, Trade, and Economic Development |
| 6989 | and the PGA Tour, Inc., or its affiliates, must agree annually |
| 6990 | on a reasonable percentage of advertising specifically allocated |
| 6991 | for generic Florida advertising. The department Office of |
| 6992 | Tourism, Trade, and Economic Development shall have final |
| 6993 | approval of all generic advertising. Failure on the part of the |
| 6994 | PGA Tour, Inc., or its affiliates to annually provide the |
| 6995 | advertising as provided in this paragraph or subsection (6) |
| 6996 | shall result in the termination of funding as provided in s. |
| 6997 | 212.20. |
| 6998 | (g) Documentation exists that demonstrates that the |
| 6999 | applicant has provided, is capable of providing, or has |
| 7000 | financial or other commitments to provide more than one-half of |
| 7001 | the costs incurred or related to the improvement and development |
| 7002 | of the facility. |
| 7003 | (h) The application is signed by an official senior |
| 7004 | executive of the applicant and is notarized according to Florida |
| 7005 | law providing for penalties for falsification. |
| 7006 | (4) Upon determining that an applicant is or is not |
| 7007 | certifiable, the Governor, through the department, Secretary of |
| 7008 | Commerce shall notify the applicant of his or her status by |
| 7009 | means of an official letter. If certifiable, the Governor, |
| 7010 | through the department, secretary shall notify the executive |
| 7011 | director of the Department of Revenue and the applicant of such |
| 7012 | certification by means of an official letter granting |
| 7013 | certification. From the date of such certification, the |
| 7014 | applicant shall have 5 years to open the professional golf hall |
| 7015 | of fame facility to the public and notify the department Office |
| 7016 | of Tourism, Trade, and Economic Development of such opening. The |
| 7017 | Department of Revenue may shall not begin distributing funds |
| 7018 | until 30 days after following notice by the department Office of |
| 7019 | Tourism, Trade, and Economic Development that the professional |
| 7020 | golf hall of fame facility is open to the public. |
| 7021 | Section 79. Section 288.1169, Florida Statutes, is amended |
| 7022 | to read: |
| 7023 | 288.1169 International Game Fish Association World Center |
| 7024 | facility.- |
| 7025 | (1) The department of Commerce shall serve as the state |
| 7026 | agency approving applicants for funding pursuant to s. 212.20 |
| 7027 | and the Governor for certifying the applicant as the |
| 7028 | International Game Fish Association World Center facility. For |
| 7029 | purposes of this section, "facility" means the International |
| 7030 | Game Fish Association World Center, and "project" means the |
| 7031 | International Game Fish Association World Center and new |
| 7032 | colocated improvements by private sector concerns who have made |
| 7033 | cash or in-kind contributions to the facility of $1 million or |
| 7034 | more. |
| 7035 | (2) Before Prior to certifying this facility, the |
| 7036 | Governor, through the department must determine that: |
| 7037 | (a) The International Game Fish Association World Center |
| 7038 | is the only fishing museum, Hall of Fame, and international |
| 7039 | administrative headquarters in the United States recognized by |
| 7040 | the International Game Fish Association, and that one or more |
| 7041 | private sector concerns have committed to donate to the |
| 7042 | International Game Fish Association land upon which the |
| 7043 | International Game Fish Association World Center will operate. |
| 7044 | (b) International Game Fish Association is a not-for- |
| 7045 | profit Florida corporation that has contracted to construct and |
| 7046 | operate the facility. |
| 7047 | (c) The municipality in which the facility is located, or |
| 7048 | the county if the facility is located in an unincorporated area, |
| 7049 | has certified by resolution after a public hearing that the |
| 7050 | facility serves a public purpose. |
| 7051 | (d) There are existing projections that the International |
| 7052 | Game Fish Association World Center facility and the colocated |
| 7053 | facilities of private sector concerns will attract an attendance |
| 7054 | of more than 1.8 million annually. |
| 7055 | (e) There is an independent analysis or study, using |
| 7056 | methodology approved by the department, which demonstrates that |
| 7057 | the amount of the revenues generated by the taxes imposed under |
| 7058 | chapter 212 with respect to the use and operation of the project |
| 7059 | will exceed $1 million annually. |
| 7060 | (f) There are existing projections that the project will |
| 7061 | attract more than 300,000 persons annually who are not residents |
| 7062 | of the state. |
| 7063 | (g) The applicant has submitted an agreement to provide |
| 7064 | $500,000 annually in national and international media promotion |
| 7065 | of the facility, at the then-current commercial rates, during |
| 7066 | the period of time that the facility receives funds pursuant to |
| 7067 | s. 212.20. Failure on the part of the applicant to annually |
| 7068 | provide the advertising as provided in this paragraph shall |
| 7069 | result in the termination of the funding as provided in s. |
| 7070 | 212.20. The applicant can discharge its obligation under this |
| 7071 | paragraph by contracting with other persons, including private |
| 7072 | sector concerns who participate in the project. |
| 7073 | (h) Documentation exists that demonstrates that the |
| 7074 | applicant has provided, and is capable of providing, or has |
| 7075 | financial or other commitments to provide, more than one-half of |
| 7076 | the cost incurred or related to the improvements and the |
| 7077 | development of the facility. |
| 7078 | (i) The application is signed by senior officials of the |
| 7079 | International Game Fish Association and is notarized according |
| 7080 | to Florida law providing for penalties for falsification. |
| 7081 | (3) The applicant may use funds provided pursuant to s. |
| 7082 | 212.20 for the purpose of paying for the construction, |
| 7083 | reconstruction, renovation, promotion, or operation of the |
| 7084 | facility, or to pay or pledge for payment of debt service on, or |
| 7085 | to fund debt service reserve funds, arbitrage rebate |
| 7086 | obligations, or other amounts payable with respect to, bonds |
| 7087 | issued for the construction, reconstruction, or renovation of |
| 7088 | the facility or for the reimbursement of such costs or by |
| 7089 | refinancing of bonds issued for such purposes. |
| 7090 | (4) Upon determining that an applicant is or is not |
| 7091 | certifiable, the Governor, through the department, of Commerce |
| 7092 | shall notify the applicant of its status by means of an official |
| 7093 | letter. If certifiable, the Governor, through the department, of |
| 7094 | Commerce shall notify the executive director of the Department |
| 7095 | of Revenue and the applicant of such certification by means of |
| 7096 | an official letter granting certification. From the date of such |
| 7097 | certification, the applicant shall have 5 years to open the |
| 7098 | facility to the public and notify the Department of Economic |
| 7099 | Opportunity Commerce of such opening. The Department of Revenue |
| 7100 | may shall not begin distributing funds until 30 days after |
| 7101 | following notice by the Department of Economic Opportunity |
| 7102 | Commerce that the facility is open to the public. |
| 7103 | (5) The Department of Revenue may audit as provided in s. |
| 7104 | 213.34 to verify that the contributions pursuant to this section |
| 7105 | have been expended as required by this section. |
| 7106 | (6) The Governor, through the Department of Economic |
| 7107 | Opportunity, Commerce must recertify every 10 years that the |
| 7108 | facility is open, that the International Game Fish Association |
| 7109 | World Center continues to be the only international |
| 7110 | administrative headquarters, fishing museum, and Hall of Fame in |
| 7111 | the United States recognized by the International Game Fish |
| 7112 | Association, and that the project is meeting the minimum |
| 7113 | projections for attendance or sales tax revenues as required at |
| 7114 | the time of original certification. If the facility is not |
| 7115 | recertified during this 10-year review as meeting the minimum |
| 7116 | projections, then funding shall be abated until certification |
| 7117 | criteria are met. If the project fails to generate $1 million of |
| 7118 | annual revenues pursuant to paragraph (2)(e), the distribution |
| 7119 | of revenues pursuant to s. 212.20(6)(d)6.d. shall be reduced to |
| 7120 | an amount equal to $83,333 multiplied by a fraction, the |
| 7121 | numerator of which is the actual revenues generated and the |
| 7122 | denominator of which is $1 million. Such reduction remains in |
| 7123 | effect until revenues generated by the project in a 12-month |
| 7124 | period equal or exceed $1 million. |
| 7125 | Section 80. Paragraphs (e) through (g) of subsection (1) |
| 7126 | of section 288.1171, Florida Statutes, are redesignated as |
| 7127 | paragraphs (d) and (f), respectively, present paragraph (d) is |
| 7128 | amended, and subsections (2) and (3) of that section are |
| 7129 | amended, to read: |
| 7130 | 288.1171 Motorsports entertainment complex; definitions; |
| 7131 | certification; duties.- |
| 7132 | (1) As used in this section, the term: |
| 7133 | (d) "Office" means The Office of Tourism, Trade, and |
| 7134 | Economic Development of the Executive Office of the Governor. |
| 7135 | (2) The department Office of Tourism, Trade, and Economic |
| 7136 | Development shall serve as the state agency for screening |
| 7137 | applicants for local option funding under s. 218.64(3) and the |
| 7138 | Governor for certifying an applicant as a motorsports |
| 7139 | entertainment complex. The department Office shall develop and |
| 7140 | adopt rules for the receipt and processing of applications for |
| 7141 | funding under s. 218.64(3). The Governor Office shall make a |
| 7142 | determination regarding any application filed by an applicant |
| 7143 | not later than 120 days after the application is filed. |
| 7144 | (3) Before certifying an applicant as a motorsports |
| 7145 | entertainment complex, the Governor, through the department, |
| 7146 | Office must determine that: |
| 7147 | (a) A unit of local government holds title to the land on |
| 7148 | which the motorsports entertainment complex is located or holds |
| 7149 | title to the motorsports entertainment complex. |
| 7150 | (b) The municipality in which the motorsports |
| 7151 | entertainment complex is located, or the county if the |
| 7152 | motorsports entertainment complex is located in an |
| 7153 | unincorporated area, has certified by resolution after a public |
| 7154 | hearing that the application serves a public purpose. |
| 7155 | Section 81. Subsections (2), (4), (5), and (8) of section |
| 7156 | 288.1175, Florida Statutes, are amended to read: |
| 7157 | 288.1175 Agriculture education and promotion facility.- |
| 7158 | (2) The Department of Agriculture and Consumer Services |
| 7159 | shall adopt develop rules pursuant to ss. 120.536(1) and 120.54 |
| 7160 | for the receipt and processing of applications for funding of |
| 7161 | projects pursuant to this section. |
| 7162 | (4) The Department of Agriculture and Consumer Services |
| 7163 | shall certify a facility as an agriculture education and |
| 7164 | promotion facility if the Department of Agriculture and Consumer |
| 7165 | Services determines that: |
| 7166 | (a) The applicant is a unit of local government as defined |
| 7167 | in s. 218.369, or a fair association as defined in s. |
| 7168 | 616.001(9), which is responsible for the planning, design, |
| 7169 | permitting, construction, renovation, management, and operation |
| 7170 | of the agriculture education and promotion facility or holds |
| 7171 | title to the property on which such facility is to be developed |
| 7172 | and located. |
| 7173 | (b) The applicant has projections, verified by the |
| 7174 | Department of Agriculture and Consumer Services, which |
| 7175 | demonstrate that the agriculture education and promotion |
| 7176 | facility will serve more than 25,000 visitors annually. |
| 7177 | (c) The municipality in which the facility is located, or |
| 7178 | the county if the facility is located in an unincorporated area, |
| 7179 | has certified by resolution after a public hearing that the |
| 7180 | proposed agriculture education and promotion facility serves a |
| 7181 | public purpose. |
| 7182 | (d) The applicant has demonstrated that it has provided, |
| 7183 | is capable of providing, or has financial or other commitments |
| 7184 | to provide more than 40 percent of the costs incurred or related |
| 7185 | to the planning, design, permitting, construction, or renovation |
| 7186 | of the facility. The applicant may include the value of the land |
| 7187 | and any improvements thereon in determining its contribution to |
| 7188 | the development of the facility. |
| 7189 | (5) The Department of Agriculture and Consumer Services |
| 7190 | shall competitively evaluate applications for funding of an |
| 7191 | agriculture education and promotion facility. If the number of |
| 7192 | applicants exceeds three, the Department of Agriculture and |
| 7193 | Consumer Services shall rank the applications based upon |
| 7194 | criteria developed by the Department of Agriculture and Consumer |
| 7195 | Services, with priority given in descending order to the |
| 7196 | following items: |
| 7197 | (a) The intended use of the funds by the applicant, with |
| 7198 | priority given to the construction of a new facility. |
| 7199 | (b) The amount of local match, with priority given to the |
| 7200 | largest percentage of local match proposed. |
| 7201 | (c) The location of the facility in a brownfield site as |
| 7202 | defined in s. 376.79(3), a rural enterprise zone as defined in |
| 7203 | s. 290.004(6), an agriculturally depressed area as defined in s. |
| 7204 | 570.242(1), a redevelopment area established pursuant to s. |
| 7205 | 373.461(5)(g), or a county that has lost its agricultural land |
| 7206 | to environmental restoration projects. |
| 7207 | (d) The net increase, as a result of the facility, of |
| 7208 | total available exhibition, arena, or civic center space within |
| 7209 | the jurisdictional limits of the local government in which the |
| 7210 | facility is to be located, with priority given to the largest |
| 7211 | percentage increase of total exhibition, arena, or civic center |
| 7212 | space. |
| 7213 | (e) The historic record of the applicant in promoting |
| 7214 | agriculture and educating the public about agriculture, |
| 7215 | including, without limitation, awards, premiums, scholarships, |
| 7216 | auctions, and other such activities. |
| 7217 | (f) The highest projection on paid attendance attracted by |
| 7218 | the agriculture education and promotion facility and the |
| 7219 | proposed economic impact on the local community. |
| 7220 | (g) The location of the facility with respect to an |
| 7221 | Institute of Food and Agricultural Sciences (IFAS) facility, |
| 7222 | with priority given to facilities closer in proximity to an IFAS |
| 7223 | facility. |
| 7224 | (8) Applications must be submitted by October 1 of each |
| 7225 | year. The Department of Agriculture and Consumer Services may |
| 7226 | not recommend funding for less than the requested amount to any |
| 7227 | applicant certified as an agriculture education and promotion |
| 7228 | facility; however, funding of certified applicants shall be |
| 7229 | subject to the amount provided by the Legislature in the General |
| 7230 | Appropriations Act for this program. |
| 7231 | Section 82. Section 288.122, Florida Statutes, is amended |
| 7232 | to read: |
| 7233 | 288.122 Tourism Promotional Trust Fund.-There is created |
| 7234 | within the department Office of Tourism, Trade, and Economic |
| 7235 | Development of the Executive Office of the Governor the Tourism |
| 7236 | Promotional Trust Fund. Moneys deposited in the Tourism |
| 7237 | Promotional Trust Fund shall only be used to support the |
| 7238 | authorized activities and operations of the Florida Commission |
| 7239 | on Tourism, and to support tourism promotion and marketing |
| 7240 | activities, services, functions, and programs administered by |
| 7241 | Enterprise Florida, Inc., the Florida Commission on Tourism |
| 7242 | through a contract with the department commission's direct- |
| 7243 | support organization created under s. 288.1226. |
| 7244 | Section 83. Section 288.12265, Florida Statutes, is |
| 7245 | amended to read: |
| 7246 | 288.12265 Welcome centers.- |
| 7247 | (1) Responsibility for the welcome centers is assigned to |
| 7248 | Enterprise Florida, Inc., the Florida Commission on Tourism |
| 7249 | which shall contract with the commission's direct-support |
| 7250 | organization to employ all welcome center staff. |
| 7251 | (2) Enterprise Florida, Inc., The Florida Commission on |
| 7252 | Tourism, through its direct-support organization, shall |
| 7253 | administer and operate the welcome centers. Pursuant to a |
| 7254 | contract with the Department of Transportation, Enterprise |
| 7255 | Florida, Inc., the commission shall be responsible for routine |
| 7256 | repair, replacement, or improvement and the day-to-day |
| 7257 | management of interior areas occupied by the welcome centers. |
| 7258 | All other repairs, replacements, or improvements to the welcome |
| 7259 | centers shall be the responsibility of the Department of |
| 7260 | Transportation. |
| 7261 | Section 84. Section 288.124, Florida Statutes, is amended |
| 7262 | to read: |
| 7263 | 288.124 Convention grants program.-Enterprise Florida, |
| 7264 | Inc., may The Commission on Tourism is authorized to establish a |
| 7265 | convention grants program and, pursuant thereto, to recommend to |
| 7266 | the department Office of Tourism, Trade, and Economic |
| 7267 | Development expenditures and contracts with local governments |
| 7268 | and nonprofit corporations or organizations for the purpose of |
| 7269 | attracting national conferences and conventions to Florida. |
| 7270 | Preference shall be given to local governments and nonprofit |
| 7271 | corporations or organizations seeking to attract minority |
| 7272 | conventions to Florida. Minority conventions are events that |
| 7273 | primarily involve minority persons, as defined in s. 288.703, |
| 7274 | who are residents or nonresidents of the state. The commission |
| 7275 | shall establish guidelines governing the award of grants and the |
| 7276 | administration of this program. The Governor, through the |
| 7277 | department, Office of Tourism, Trade, and Economic Development |
| 7278 | has final approval authority for any grants under this section. |
| 7279 | The total annual allocation of funds for this program may shall |
| 7280 | not exceed $40,000. |
| 7281 | Section 85. Subsection (1) of section 288.1251, Florida |
| 7282 | Statutes, is amended to read: |
| 7283 | 288.1251 Promotion and development of entertainment |
| 7284 | industry; Office of Film and Entertainment; creation; purpose; |
| 7285 | powers and duties.- |
| 7286 | (1) CREATION.- |
| 7287 | (a) There is hereby created within The department Office |
| 7288 | of Tourism, Trade, and Economic Development the Office of Film |
| 7289 | and Entertainment for the purpose of developing, marketing, |
| 7290 | promoting, and providing services to the state's entertainment |
| 7291 | industry. |
| 7292 | (b) The department Office of Tourism, Trade, and Economic |
| 7293 | Development shall conduct a national search for a qualified |
| 7294 | person to fill the position of Commissioner of Film and |
| 7295 | Entertainment when the position is vacant. The Commissioner of |
| 7296 | Economic Opportunity Executive Director of the Office of |
| 7297 | Tourism, Trade, and Economic Development has the responsibility |
| 7298 | to hire the film commissioner. Qualifications for the film |
| 7299 | commissioner include, but are not limited to, the following: |
| 7300 | 1. A working knowledge of the equipment, personnel, |
| 7301 | financial, and day-to-day production operations of the |
| 7302 | industries to be served by the Office of Film and Entertainment; |
| 7303 | 2. Marketing and promotion experience related to the film |
| 7304 | and entertainment industries to be served; |
| 7305 | 3. Experience working with a variety of individuals |
| 7306 | representing large and small entertainment-related businesses, |
| 7307 | industry associations, local community entertainment industry |
| 7308 | liaisons, and labor organizations; and |
| 7309 | 4. Experience working with a variety of state and local |
| 7310 | governmental agencies. |
| 7311 | Section 86. Subsections (1) and (2), paragraph (e) of |
| 7312 | subsection (3), and paragraphs (d), (f), (g), and (h) of |
| 7313 | subsection (5) of section 288.1252, Florida Statutes, are |
| 7314 | amended to read: |
| 7315 | 288.1252 Florida Film and Entertainment Advisory Council; |
| 7316 | creation; purpose; membership; powers and duties.- |
| 7317 | (1) CREATION.-There is hereby created within the |
| 7318 | department Office of Tourism, Trade, and Economic Development of |
| 7319 | the Executive Office of the Governor, for administrative |
| 7320 | purposes only, the Florida Film and Entertainment Advisory |
| 7321 | Council. |
| 7322 | (2) PURPOSE.-The purpose of the council shall be to serve |
| 7323 | as an advisory body to the department Office of Tourism, Trade, |
| 7324 | and Economic Development and to the Office of Film and |
| 7325 | Entertainment to provide these offices with industry insight and |
| 7326 | expertise related to developing, marketing, promoting, and |
| 7327 | providing service to the state's entertainment industry. |
| 7328 | (3) MEMBERSHIP.- |
| 7329 | (e) A representative of Enterprise Florida, Inc., and a |
| 7330 | representative of Workforce Florida, Inc., and a representative |
| 7331 | of VISIT Florida shall serve ex officio as ex officio, nonvoting |
| 7332 | members of the council, and shall be in addition to the 17 |
| 7333 | appointed members of the council. |
| 7334 | (5) POWERS AND DUTIES.-The Florida Film and Entertainment |
| 7335 | Advisory Council shall have all the powers necessary or |
| 7336 | convenient to carry out and effectuate the purposes and |
| 7337 | provisions of this act, including, but not limited to, the power |
| 7338 | to: |
| 7339 | (d) Consider and study the needs of the entertainment |
| 7340 | industry for the purpose of advising the film commissioner and |
| 7341 | the department Office of Tourism, Trade, and Economic |
| 7342 | Development. |
| 7343 | (f) Consider all matters submitted to it by the film |
| 7344 | commissioner and the department Office of Tourism, Trade, and |
| 7345 | Economic Development. |
| 7346 | (g) Advise and consult with the film commissioner and the |
| 7347 | department Office of Tourism, Trade, and Economic Development, |
| 7348 | at their request or upon its own initiative, regarding the |
| 7349 | promulgation, administration, and enforcement of all laws and |
| 7350 | rules relating to the entertainment industry. |
| 7351 | (h) Suggest policies and practices for the conduct of |
| 7352 | business by the Office of Film and Entertainment or by the |
| 7353 | department Office of Tourism, Trade, and Economic Development |
| 7354 | that will improve internal operations affecting the |
| 7355 | entertainment industry and will enhance the economic development |
| 7356 | initiatives of the state for the industry. |
| 7357 | Section 87. Subsections (1), (2), (3), and (4) of section |
| 7358 | 288.1253, Florida Statutes, are amended to read: |
| 7359 | 288.1253 Travel and entertainment expenses.- |
| 7360 | (1) As used in this section, the term "travel expenses" |
| 7361 | means the actual, necessary, and reasonable costs of |
| 7362 | transportation, meals, lodging, and incidental expenses normally |
| 7363 | incurred by an employee of the Office of Film and Entertainment, |
| 7364 | which costs are defined and prescribed by rules adopted by the |
| 7365 | department Office of Tourism, Trade, and Economic Development, |
| 7366 | subject to approval by the Chief Financial Officer. |
| 7367 | (2) Notwithstanding the provisions of s. 112.061, the |
| 7368 | department Office of Tourism, Trade, and Economic Development |
| 7369 | shall adopt rules by which it may make expenditures by |
| 7370 | reimbursement to: the Governor, the Lieutenant Governor, |
| 7371 | security staff of the Governor or Lieutenant Governor, the |
| 7372 | Commissioner of Film and Entertainment, or staff of the Office |
| 7373 | of Film and Entertainment for travel expenses or entertainment |
| 7374 | expenses incurred by such individuals solely and exclusively in |
| 7375 | connection with the performance of the statutory duties of the |
| 7376 | Office of Film and Entertainment. The rules are subject to |
| 7377 | approval by the Chief Financial Officer before adoption. The |
| 7378 | rules shall require the submission of paid receipts, or other |
| 7379 | proof of expenditure prescribed by the Chief Financial Officer, |
| 7380 | with any claim for reimbursement. |
| 7381 | (3) The department Office of Tourism, Trade, and Economic |
| 7382 | Development shall prepare an annual report of the expenditures |
| 7383 | of the Office of Film and Entertainment and provide such report |
| 7384 | to the Legislature no later than December 30 of each year for |
| 7385 | the expenditures of the previous fiscal year. The report shall |
| 7386 | consist of a summary of all travel, entertainment, and |
| 7387 | incidental expenses incurred within the United States and all |
| 7388 | travel, entertainment, and incidental expenses incurred outside |
| 7389 | the United States, as well as a summary of all successful |
| 7390 | projects that developed from such travel. |
| 7391 | (4) The Office of Film and Entertainment and its employees |
| 7392 | and representatives, when authorized, may accept and use |
| 7393 | complimentary travel, accommodations, meeting space, meals, |
| 7394 | equipment, transportation, and any other goods or services |
| 7395 | necessary for or beneficial to the performance of the office's |
| 7396 | duties and purposes, so long as such acceptance or use is not in |
| 7397 | conflict with part III of chapter 112. The department Office of |
| 7398 | Tourism, Trade, and Economic Development shall, by rule, develop |
| 7399 | internal controls to ensure that such goods or services accepted |
| 7400 | or used pursuant to this subsection are limited to those that |
| 7401 | will assist solely and exclusively in the furtherance of the |
| 7402 | department's office's goals and are in compliance with part III |
| 7403 | of chapter 112. |
| 7404 | Section 88. Paragraph (a) of subsection (1), paragraphs |
| 7405 | (d), (f), and (g) of subsection (3), paragraphs (c) and (d) of |
| 7406 | subsection (4), paragraph (a) of subsection (5), and paragraph |
| 7407 | (b) of subsection (9) of section 288.1254, Florida Statutes, are |
| 7408 | amended to read: |
| 7409 | 288.1254 Entertainment industry financial incentive |
| 7410 | program.- |
| 7411 | (1) DEFINITIONS.-As used in this section, the term: |
| 7412 | (a) "Certified production" means a qualified production |
| 7413 | that has tax credits allocated to it by the department Office of |
| 7414 | Tourism, Trade, and Economic Development based on the |
| 7415 | production's estimated qualified expenditures, up to the |
| 7416 | production's maximum certified amount of tax credits, by the |
| 7417 | department Office of Tourism, Trade, and Economic Development. |
| 7418 | The term does not include a production if its first day of |
| 7419 | principal photography or project start date in this state occurs |
| 7420 | before the production is certified by the department Office of |
| 7421 | Tourism, Trade, and Economic Development, unless the production |
| 7422 | spans more than 1 fiscal year, was a certified production on its |
| 7423 | first day of principal photography or project start date in this |
| 7424 | state, and submits an application for continuing the same |
| 7425 | production for the subsequent fiscal year. |
| 7426 | (3) APPLICATION PROCEDURE; APPROVAL PROCESS.- |
| 7427 | (d) Certification.-The Office of Film and Entertainment |
| 7428 | shall review the application within 15 business days after |
| 7429 | receipt. Upon its determination that the application contains |
| 7430 | all the information required by this subsection and meets the |
| 7431 | criteria set out in this section, the Office of Film and |
| 7432 | Entertainment shall qualify the applicant and recommend to the |
| 7433 | Governor, through the department, Office of Tourism, Trade, and |
| 7434 | Economic Development that the applicant be certified for the |
| 7435 | maximum tax credit award amount. Within 5 business days after |
| 7436 | receipt of the recommendation, the Governor, through the |
| 7437 | department, Office of Tourism, Trade, and Economic Development |
| 7438 | shall reject the recommendation or certify the maximum |
| 7439 | recommended tax credit award, if any, to the applicant and to |
| 7440 | the executive director of the Department of Revenue. |
| 7441 | (f) Verification of actual qualified expenditures.- |
| 7442 | 1. The Office of Film and Entertainment shall develop a |
| 7443 | process to verify the actual qualified expenditures of a |
| 7444 | certified production. The process must require: |
| 7445 | a. A certified production to submit, in a timely manner |
| 7446 | after production ends in this state and after making all of its |
| 7447 | qualified expenditures in this state, data substantiating each |
| 7448 | qualified expenditure, including documentation on the net |
| 7449 | expenditure on equipment and other tangible personal property by |
| 7450 | the qualified production, to an independent certified public |
| 7451 | accountant licensed in this state; |
| 7452 | b. Such accountant to conduct a compliance audit, at the |
| 7453 | certified production's expense, to substantiate each qualified |
| 7454 | expenditure and submit the results as a report, along with the |
| 7455 | required substantiating data, to the Office of Film and |
| 7456 | Entertainment; and |
| 7457 | c. The Office of Film and Entertainment to review the |
| 7458 | accountant's submittal and report to the department Office of |
| 7459 | Tourism, Trade, and Economic Development the final verified |
| 7460 | amount of actual qualified expenditures made by the certified |
| 7461 | production. |
| 7462 | 2. The Governor Office of Tourism, Trade, and Economic |
| 7463 | Development shall determine and approve the final tax credit |
| 7464 | award amount to each certified applicant based on the final |
| 7465 | verified amount of actual qualified expenditures and shall, |
| 7466 | through the department, notify the executive director of the |
| 7467 | Department of Revenue in writing that the certified production |
| 7468 | has met the requirements of the incentive program and of the |
| 7469 | final amount of the tax credit award. The final tax credit award |
| 7470 | amount may not exceed the maximum tax credit award amount |
| 7471 | certified under paragraph (d). |
| 7472 | (g) Promoting Florida.-The Office of Film and |
| 7473 | Entertainment shall ensure that, as a condition of receiving a |
| 7474 | tax credit under this section, marketing materials promoting |
| 7475 | this state as a tourist destination or film and entertainment |
| 7476 | production destination are included, when appropriate, at no |
| 7477 | cost to the state, which must, at a minimum, include placement |
| 7478 | of a "Filmed in Florida" or "Produced in Florida" logo in the |
| 7479 | end credits. The placement of a "Filmed in Florida" or "Produced |
| 7480 | in Florida" logo on all packaging material and hard media is |
| 7481 | also required, unless such placement is prohibited by licensing |
| 7482 | or other contractual obligations. The size and placement of such |
| 7483 | logo shall be commensurate to other logos used. If no logos are |
| 7484 | used, the statement "Filmed in Florida using Florida's |
| 7485 | Entertainment Industry Financial Incentive," or a similar |
| 7486 | statement approved by the Office of Film and Entertainment, |
| 7487 | shall be used. The Office of Film and Entertainment shall |
| 7488 | provide a logo and supply it for the purposes specified in this |
| 7489 | paragraph. A 30-second "Visit Florida" promotional video must |
| 7490 | also be included on all optical disc formats of a film, unless |
| 7491 | such placement is prohibited by licensing or other contractual |
| 7492 | obligations. The 30-second promotional video shall be approved |
| 7493 | and provided by Enterprise Florida, Inc., the Florida Tourism |
| 7494 | Industry Marketing Corporation in consultation with the |
| 7495 | Commissioner of Film and Entertainment. |
| 7496 | (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES; |
| 7497 | ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS; |
| 7498 | PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND |
| 7499 | ACQUISITIONS.- |
| 7500 | (c) Withdrawal of tax credit eligibility.-A qualified or |
| 7501 | certified production must continue on a reasonable schedule, |
| 7502 | which includes beginning principal photography or the production |
| 7503 | project in this state no more than 45 calendar days before or |
| 7504 | after the principal photography or project start date provided |
| 7505 | in the production's program application. The department Office |
| 7506 | of Tourism, Trade, and Economic Development shall withdraw the |
| 7507 | eligibility of a qualified or certified production that does not |
| 7508 | continue on a reasonable schedule. |
| 7509 | (d) Election and distribution of tax credits.- |
| 7510 | 1. A certified production company receiving a tax credit |
| 7511 | award under this section shall, at the time the credit is |
| 7512 | awarded by the Governor Office of Tourism, Trade, and Economic |
| 7513 | Development after production is completed and all requirements |
| 7514 | to receive a credit award have been met, make an irrevocable |
| 7515 | election to apply the credit against taxes due under chapter |
| 7516 | 220, against state taxes collected or accrued under chapter 212, |
| 7517 | or against a stated combination of the two taxes. The election |
| 7518 | is binding upon any distributee, successor, transferee, or |
| 7519 | purchaser. The Department of Economic Opportunity Office of |
| 7520 | Tourism, Trade, and Economic Development shall notify the |
| 7521 | Department of Revenue of any election made pursuant to this |
| 7522 | paragraph. |
| 7523 | 2. A qualified production company is eligible for tax |
| 7524 | credits against its sales and use tax liabilities and corporate |
| 7525 | income tax liabilities as provided in this section. However, tax |
| 7526 | credits awarded under this section may not be claimed against |
| 7527 | sales and use tax liabilities or corporate income tax |
| 7528 | liabilities for any tax period beginning before July 1, 2011, |
| 7529 | regardless of when the credits are applied for or awarded. |
| 7530 | (5) TRANSFER OF TAX CREDITS.- |
| 7531 | (a) Authorization.-Upon application to the Office of Film |
| 7532 | and Entertainment and approval by the Governor, through the |
| 7533 | Department of Economic Opportunity, Office of Tourism, Trade, |
| 7534 | and Economic Development, a certified production company, or a |
| 7535 | partner or member that has received a distribution under |
| 7536 | paragraph (4)(g), may elect to transfer, in whole or in part, |
| 7537 | any unused credit amount granted under this section. An election |
| 7538 | to transfer any unused tax credit amount under chapter 212 or |
| 7539 | chapter 220 must be made no later than 5 years after the date |
| 7540 | the credit is awarded, after which period the credit expires and |
| 7541 | may not be used. The Department of Economic Opportunity Office |
| 7542 | of Tourism, Trade, and Economic Development shall notify the |
| 7543 | Department of Revenue of the election and transfer. |
| 7544 | (9) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX |
| 7545 | CREDITS; FRAUDULENT CLAIMS.- |
| 7546 | (b) Revocation of tax credits.-The Governor, through the |
| 7547 | Department of Economic Opportunity, Office of Tourism, Trade, |
| 7548 | and Economic Development may revoke or modify any written |
| 7549 | decision qualifying, certifying, or otherwise granting |
| 7550 | eligibility for tax credits under this section if it is |
| 7551 | discovered that the tax credit applicant submitted any false |
| 7552 | statement, representation, or certification in any application, |
| 7553 | record, report, plan, or other document filed in an attempt to |
| 7554 | receive tax credits under this section. The Department of |
| 7555 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 7556 | Development shall immediately notify the Department of Revenue |
| 7557 | of any revoked or modified orders affecting previously granted |
| 7558 | tax credits. Additionally, the applicant must notify the |
| 7559 | Department of Revenue of any change in its tax credit claimed. |
| 7560 | Section 89. Section 288.7015, Florida Statutes, is amended |
| 7561 | to read: |
| 7562 | 288.7015 Appointment of rules ombudsman; duties.-The |
| 7563 | Governor shall appoint a rules ombudsman, as defined in s. |
| 7564 | 288.703, in the Executive Office of the Governor, for |
| 7565 | considering the impact of agency rules on the state's citizens |
| 7566 | and businesses. In carrying out duties as provided by law, the |
| 7567 | ombudsman shall consult with Enterprise Florida, Inc., at which |
| 7568 | point the department office may recommend to improve the |
| 7569 | regulatory environment of this state. The duties of the rules |
| 7570 | ombudsman are to: |
| 7571 | (1) Carry out the responsibility provided in s. 120.54(2), |
| 7572 | with respect to small businesses. |
| 7573 | (2) Review state agency rules that adversely or |
| 7574 | disproportionately impact businesses, particularly those |
| 7575 | relating to small and minority businesses. |
| 7576 | (3) Make recommendations on any existing or proposed rules |
| 7577 | to alleviate unnecessary or disproportionate adverse effects to |
| 7578 | businesses. |
| 7579 | (4) Each state agency shall cooperate fully with the rules |
| 7580 | ombudsman in identifying such rules. Further, each agency shall |
| 7581 | take the necessary steps to waive, modify, or otherwise minimize |
| 7582 | such adverse effects of any such rules. However, nothing in this |
| 7583 | section authorizes any state agency to waive, modify, provide |
| 7584 | exceptions to, or otherwise alter any rule that is: |
| 7585 | (a) Expressly required to implement or enforce any |
| 7586 | statutory provision or the express legislative intent thereof; |
| 7587 | (b) Designed to protect persons against discrimination on |
| 7588 | the basis of race, color, national origin, religion, sex, age, |
| 7589 | handicap, or marital status; or |
| 7590 | (c) Likely to prevent a significant risk or danger to the |
| 7591 | public health, the public safety, or the environment of the |
| 7592 | state. |
| 7593 | (5) The modification or waiver of any such rule pursuant |
| 7594 | to this section must be accomplished in accordance with the |
| 7595 | provisions of chapter 120. |
| 7596 | Section 90. Section 288.703, Florida Statutes, is amended |
| 7597 | to read: |
| 7598 | 288.703 Definitions.-As used in ss. 288.702-288.706, the |
| 7599 | term this act, the following words and terms shall have the |
| 7600 | following meanings unless the content shall indicate another |
| 7601 | meaning or intent: |
| 7602 | (1)(4) "Certified minority business enterprise" means a |
| 7603 | business which has been certified by the certifying organization |
| 7604 | or jurisdiction in accordance with s. 287.0943(1) and (2). |
| 7605 | (2)(7) "Financial institution" means any bank, trust |
| 7606 | company, insurance company, savings and loan association, credit |
| 7607 | union, federal lending agency, or foundation. |
| 7608 | (3)(2) "Minority business enterprise" means any small |
| 7609 | business concern as defined in subsection (6) (1) which is |
| 7610 | organized to engage in commercial transactions, which is |
| 7611 | domiciled in Florida, and which is at least 51-percent-owned by |
| 7612 | minority persons who are members of an insular group that is of |
| 7613 | a particular racial, ethnic, or gender makeup or national |
| 7614 | origin, which has been subjected historically to disparate |
| 7615 | treatment due to identification in and with that group resulting |
| 7616 | in an underrepresentation of commercial enterprises under the |
| 7617 | group's control, and whose management and daily operations are |
| 7618 | controlled by such persons. A minority business enterprise may |
| 7619 | primarily involve the practice of a profession. Ownership by a |
| 7620 | minority person does not include ownership which is the result |
| 7621 | of a transfer from a nonminority person to a minority person |
| 7622 | within a related immediate family group if the combined total |
| 7623 | net asset value of all members of such family group exceeds $1 |
| 7624 | million. For purposes of this subsection, the term "related |
| 7625 | immediate family group" means one or more children under 16 |
| 7626 | years of age and a parent of such children or the spouse of such |
| 7627 | parent residing in the same house or living unit. |
| 7628 | (4)(3) "Minority person" means a lawful, permanent |
| 7629 | resident of Florida who is: |
| 7630 | (a) An African American, a person having origins in any of |
| 7631 | the black racial groups of the African Diaspora, regardless of |
| 7632 | cultural origin. |
| 7633 | (b) A Hispanic American, a person of Spanish or Portuguese |
| 7634 | culture with origins in Spain, Portugal, Mexico, South America, |
| 7635 | Central America, or the Caribbean, regardless of race. |
| 7636 | (c) An Asian American, a person having origins in any of |
| 7637 | the original peoples of the Far East, Southeast Asia, the Indian |
| 7638 | Subcontinent, or the Pacific Islands, including the Hawaiian |
| 7639 | Islands before prior to 1778. |
| 7640 | (d) A Native American, a person who has origins in any of |
| 7641 | the Indian Tribes of North America before prior to 1835, upon |
| 7642 | presentation of proper documentation thereof as established by |
| 7643 | rule of the Department of Management Services. |
| 7644 | (e) An American woman. |
| 7645 | (5) "Department" means the Department of Management |
| 7646 | Services. |
| 7647 | (5)(6) "Ombudsman" means an office or individual whose |
| 7648 | responsibilities include coordinating with the Office of |
| 7649 | Supplier Diversity for the interests of and providing assistance |
| 7650 | to small and minority business enterprises in dealing with |
| 7651 | governmental agencies and in developing proposals for changes in |
| 7652 | state agency rules. |
| 7653 | (6)(1) "Small business" means an independently owned and |
| 7654 | operated business concern that employs 200 or fewer permanent |
| 7655 | full-time employees and that, together with its affiliates, has |
| 7656 | a net worth of not more than $5 million or any firm based in |
| 7657 | this state which has a Small Business Administration 8(a) |
| 7658 | certification. As applicable to sole proprietorships, the $5 |
| 7659 | million net worth requirement shall include both personal and |
| 7660 | business investments. |
| 7661 | (8) "Secretary" means the secretary of the Department of |
| 7662 | Management Services. |
| 7663 | Section 91. Section 288.705, Florida Statutes, is amended |
| 7664 | to read: |
| 7665 | 288.705 Statewide contracts register.-All state agencies |
| 7666 | shall in a timely manner provide the Florida Small Business |
| 7667 | Development Center Procurement System with all formal |
| 7668 | solicitations for contractual services, supplies, and |
| 7669 | commodities. The Small Business Development Center shall |
| 7670 | coordinate with Minority Business Development Centers to compile |
| 7671 | and distribute this information to small and minority businesses |
| 7672 | requesting such service for the period of time necessary to |
| 7673 | familiarize the business with the market represented by state |
| 7674 | agencies. On or before February 1 of each year, the Small |
| 7675 | Business Development Center shall report to the department |
| 7676 | Agency for Workforce Innovation on the use of the statewide |
| 7677 | contracts register. The report shall include, but not be limited |
| 7678 | to, information relating to: |
| 7679 | (1) The total number of solicitations received from state |
| 7680 | agencies during the calendar year. |
| 7681 | (2) The number of solicitations received from each state |
| 7682 | agency during the calendar year. |
| 7683 | (3) The method of distributing solicitation information to |
| 7684 | businesses requesting such service. |
| 7685 | (4) The total number of businesses using the service. |
| 7686 | (5) The percentage of businesses using the service which |
| 7687 | are owned and controlled by minorities. |
| 7688 | (6) The percentage of service-disabled veteran business |
| 7689 | enterprises using the service. |
| 7690 | Section 92. Subsections (2) and (12) of section 288.706, |
| 7691 | Florida Statutes, are amended to read: |
| 7692 | 288.706 Florida Minority Business Loan Mobilization |
| 7693 | Program.- |
| 7694 | (2) The Florida Minority Business Loan Mobilization |
| 7695 | Program is created to promote the development of minority |
| 7696 | business enterprises, as defined in s. 288.703(2), increase the |
| 7697 | ability of minority business enterprises to compete for state |
| 7698 | contracts, and sustain the economic growth of minority business |
| 7699 | enterprises in this state. The goal of the program is to assist |
| 7700 | minority business enterprises by facilitating working capital |
| 7701 | loans to minority business enterprises that are vendors on state |
| 7702 | agency contracts. The Department of Management Services shall |
| 7703 | administer the program. |
| 7704 | (12) The Department of Management Services shall |
| 7705 | collaborate with Enterprise Florida, Inc., the Florida Black |
| 7706 | Business Investment Board, Inc., and the department Office of |
| 7707 | Tourism, Trade, and Economic Development to assist in the |
| 7708 | development and enhancement of black business enterprises. |
| 7709 | Section 93. Subsection (2) of section 288.7094, Florida |
| 7710 | Statutes, is amended to read: |
| 7711 | 288.7094 Black business investment corporations.- |
| 7712 | (2) A black business investment corporation that meets the |
| 7713 | requirements of s. 288.7102(4) is eligible to participate in the |
| 7714 | Black Business Loan Program and shall receive priority |
| 7715 | consideration by the department Office of Tourism, Trade, and |
| 7716 | Economic Development for participation in the program. |
| 7717 | Section 94. Section 288.7102, Florida Statutes, is amended |
| 7718 | to read: |
| 7719 | 288.7102 Black Business Loan Program.- |
| 7720 | (1) The Black Business Loan Program is established within |
| 7721 | in the department, which Office of Tourism, Trade, and Economic |
| 7722 | Development. Under the program, the office shall annually |
| 7723 | certify eligible recipients and subsequently disburse funds |
| 7724 | appropriated by the Legislature, through such eligible |
| 7725 | recipients, to black business enterprises that cannot obtain |
| 7726 | capital through conventional lending institutions but that could |
| 7727 | otherwise compete successfully in the private sector. |
| 7728 | (2) The department office shall establish an application |
| 7729 | and annual certification process for entities seeking funds to |
| 7730 | participate in providing loans, loan guarantees, or investments |
| 7731 | in black business enterprises pursuant to the Florida Black |
| 7732 | Business Investment Act. The department office shall process all |
| 7733 | applications and recertifications submitted by June 1 on or |
| 7734 | before July 31. |
| 7735 | (3) If the Black Business Loan Program is appropriated any |
| 7736 | funding in a fiscal year, the Governor, through the department, |
| 7737 | Office shall distribute an equal amount of the appropriation, |
| 7738 | calculated as the total annual appropriation divided by the |
| 7739 | total number of program recipients certified on or before July |
| 7740 | 31 of that fiscal year. |
| 7741 | (4) To be eligible to receive funds and provide loans, |
| 7742 | loan guarantees, or investments under this section, a recipient |
| 7743 | must: |
| 7744 | (a) Be a corporation registered in the state. |
| 7745 | (b) For an existing recipient, annually submit to the |
| 7746 | department office a financial audit performed by an independent |
| 7747 | certified public account for the most recently completed fiscal |
| 7748 | year, which audit does not reveal any material weaknesses or |
| 7749 | instances of material noncompliance. |
| 7750 | (c) For a new recipient: |
| 7751 | 1. Demonstrate that its board of directors includes |
| 7752 | citizens of the state experienced in the development of black |
| 7753 | business enterprises. |
| 7754 | 2. Demonstrate that the recipient has a business plan that |
| 7755 | allows the recipient to operate in a manner consistent with this |
| 7756 | section ss. 288.707-288.714 and the department's rules of the |
| 7757 | office. |
| 7758 | 3. Demonstrate that the recipient has the technical skills |
| 7759 | to analyze and evaluate applications by black business |
| 7760 | enterprises for loans, loan guarantees, or investments. |
| 7761 | 4. Demonstrate that the recipient has established viable |
| 7762 | partnerships with public and private funding sources, economic |
| 7763 | development agencies, and workforce development and job referral |
| 7764 | networks. |
| 7765 | 5. Demonstrate that the recipient can provide a private |
| 7766 | match equal to 20 percent of the amount of funds provided by the |
| 7767 | Governor through the department office. |
| 7768 | (d) For an existing or new recipient, agree to maintain |
| 7769 | the recipient's books and records relating to funds received by |
| 7770 | the department office according to generally accepted accounting |
| 7771 | principles and in accordance with the requirements of s. |
| 7772 | 215.97(7) and to make those books and records available to the |
| 7773 | department office for inspection upon reasonable notice. |
| 7774 | (5) Each eligible recipient must meet the requirements of |
| 7775 | this section provisions of ss. 288.707-288.714, the terms of the |
| 7776 | contract between the recipient and the department Office, and |
| 7777 | any other applicable state or federal laws. An entity may not |
| 7778 | receive funds under ss. 288.707-288.714 unless the entity meets |
| 7779 | annual certification requirements. |
| 7780 | (6) Upon approval by the department Office and before |
| 7781 | release of the funds as provided in this section, the Governor, |
| 7782 | through the department, Office shall issue a letter certifying |
| 7783 | the applicant as qualified for an award. The Governor Office and |
| 7784 | the applicant shall enter into an agreement that sets forth the |
| 7785 | conditions for award of the funds. The agreement must include |
| 7786 | the total amount of funds awarded; the performance conditions |
| 7787 | that must be met once the funding has been awarded, including, |
| 7788 | but not limited to, compliance with all of the requirements of |
| 7789 | this section for eligible recipients of funds under this |
| 7790 | section; and sanctions for failure to meet performance |
| 7791 | conditions, including any provisions to recover awards. |
| 7792 | (7) The department Office, in consultation with the board, |
| 7793 | shall adopt rules pursuant to ss. 120.536(1) and 120.54 to |
| 7794 | implement this section. |
| 7795 | (8) A black business investment corporation certified by |
| 7796 | the Governor Office as an eligible recipient under this section |
| 7797 | is authorized to use funds appropriated for the Black Business |
| 7798 | Loan Program in any of the following forms: |
| 7799 | (a) Purchases of stock, preferred or common, voting or |
| 7800 | nonvoting; however, no more than 40 percent of the funds may be |
| 7801 | used for direct investments in black business enterprises; |
| 7802 | (b) Loans or loan guarantees, with or without recourse, in |
| 7803 | either a subordinated or priority position; or |
| 7804 | (c) Technical support to black business enterprises, not |
| 7805 | to exceed 9 percent of the funds received, and direct |
| 7806 | administrative costs, not to exceed 12 percent of the funds |
| 7807 | received. |
| 7808 | (9) It is the intent of the Legislature that if any one |
| 7809 | type of investment mechanism authorized in subsection (8) is |
| 7810 | held to be invalid, all other valid mechanisms remain available. |
| 7811 | (10) All loans, loan guarantees, and investments, and any |
| 7812 | income related thereto, shall be used to carry out the public |
| 7813 | purpose of ss. 288.707-288.714, which is to develop black |
| 7814 | business enterprises. This subsection does not preclude a |
| 7815 | reasonable profit for the participating black business |
| 7816 | investment corporation or for return of equity developed to the |
| 7817 | state and participating financial institutions upon any |
| 7818 | distribution of the assets or excess income of the investment |
| 7819 | corporation. |
| 7820 | Section 95. Section 288.714, Florida Statutes, is amended |
| 7821 | to read: |
| 7822 | 288.714 Quarterly and annual reports.- |
| 7823 | (1) Each recipient of state funds under s. 288.7102 shall |
| 7824 | provide to Enterprise Florida, Inc., the Office a quarterly |
| 7825 | report within 15 days after the end of each calendar quarter |
| 7826 | that includes a detailed summary of the recipient's performance |
| 7827 | of the duties imposed by s. 288.7102, including, but not limited |
| 7828 | to: |
| 7829 | (a) The dollar amount of all loans or loan guarantees made |
| 7830 | to black business enterprises, the percentages of the loans |
| 7831 | guaranteed, and the names and identification of the types of |
| 7832 | businesses served. |
| 7833 | (b) Loan performance information. |
| 7834 | (c) The amount and nature of all other financial |
| 7835 | assistance provided to black business enterprises. |
| 7836 | (d) The amount and nature of technical assistance provided |
| 7837 | to black business enterprises, including technical assistance |
| 7838 | services provided in areas in which such services are otherwise |
| 7839 | unavailable. |
| 7840 | (e) A balance sheet for the recipient, including an |
| 7841 | explanation of all investments and administrative and |
| 7842 | operational expenses. |
| 7843 | (f) A summary of all services provided to nonblack |
| 7844 | business enterprises, including the dollar value and nature of |
| 7845 | such services and the names and identification of the types of |
| 7846 | businesses served. |
| 7847 | (g) Any other information as required by policies adopted |
| 7848 | by Enterprise Florida, Inc. the office. |
| 7849 | (2) Enterprise Florida, Inc., The Office must compile a |
| 7850 | summary of all quarterly reports and provide a copy of the |
| 7851 | summary to the board within 30 days after the end of each |
| 7852 | calendar quarter that includes a detailed summary of the |
| 7853 | recipient's performance of the duties imposed by s. 288.7102. |
| 7854 | (3) Enterprise Florida, Inc., By August 31 of each year, |
| 7855 | the Office shall, as part of its annual report, provide to the |
| 7856 | Governor, the President of the Senate, and the Speaker of the |
| 7857 | House of Representatives a detailed report of the performance of |
| 7858 | the Black Business Loan Program. The report must include a |
| 7859 | cumulative summary of quarterly report data required by |
| 7860 | subsection (1). |
| 7861 | (4) By August 31 of each year, the board shall provide to |
| 7862 | the Governor, the President of the Senate, and the Speaker of |
| 7863 | the House of Representatives a detailed report of the board's |
| 7864 | performance, including: |
| 7865 | (a) A description of the strategies implemented by the |
| 7866 | board to increase private investment in black business |
| 7867 | enterprises. |
| 7868 | (b) A summary of the board's performance of its duties |
| 7869 | under ss. 288.707-288.712. |
| 7870 | (c) The most recent 5-year projection of the need for |
| 7871 | capital by black business enterprises. |
| 7872 | (d) Recommendations for legislative or other changes to |
| 7873 | enhance the development and expansion of black business |
| 7874 | enterprises in the state. |
| 7875 | (e) A projection of the program's activities during the |
| 7876 | next 12 months. |
| 7877 | Section 96. Subsection (1) of section 288.773, Florida |
| 7878 | Statutes, is amended to read: |
| 7879 | 288.773 Florida Export Finance Corporation.-The Florida |
| 7880 | Export Finance Corporation is hereby created as a corporation |
| 7881 | not for profit, to be incorporated under the provisions of |
| 7882 | chapter 617 and approved by the Department of State. The |
| 7883 | corporation is organized on a nonstock basis. The purpose of the |
| 7884 | corporation is to expand employment and income opportunities for |
| 7885 | residents of this state through increased exports of goods and |
| 7886 | services, by providing businesses domiciled in this state |
| 7887 | information and technical assistance on export opportunities, |
| 7888 | exporting techniques, and financial assistance through |
| 7889 | guarantees and direct loan originations for sale in support of |
| 7890 | export transactions. The corporation shall have the power and |
| 7891 | authority to carry out the following functions: |
| 7892 | (1) To coordinate the efforts of the corporation with |
| 7893 | programs and goals of the United States Export-Import Bank, the |
| 7894 | International Trade Administration of the United States |
| 7895 | Department of Commerce, the Foreign Credit Insurance |
| 7896 | Association, Enterprise Florida, Inc., and its boards, and other |
| 7897 | private and public programs and organizations, domestic and |
| 7898 | foreign, designed to provide export assistance and export- |
| 7899 | related financing. |
| 7900 | Section 97. Paragraph (b) of subsection (3) of section |
| 7901 | 288.774, Florida Statutes, is amended to read: |
| 7902 | 288.774 Powers and limitations.- |
| 7903 | (3) |
| 7904 | (b) In providing assistance, the board shall be guided by |
| 7905 | the statewide economic development plan prepared adopted by the |
| 7906 | Department of Economic Opportunity pursuant to s. 288.905. |
| 7907 | Section 98. Paragraph (a) of subsection (1) and paragraphs |
| 7908 | (a), (c), and (g) of subsection (3) of section 288.776, Florida |
| 7909 | Statutes, are amended to read: |
| 7910 | 288.776 Board of directors; powers and duties.- |
| 7911 | (1)(a) The corporation shall have a board of directors |
| 7912 | consisting of 15 members representing all geographic areas of |
| 7913 | the state. Minority and gender representation must be considered |
| 7914 | when making appointments to the board. The board membership must |
| 7915 | include: |
| 7916 | 1. A representative of the following businesses, all of |
| 7917 | which must be registered to do business in this state: a foreign |
| 7918 | bank, a state bank, a federal bank, an insurance company |
| 7919 | involved in covering trade financing risks, and a small or |
| 7920 | medium-sized exporter. |
| 7921 | 2. The following persons or their designee: the President |
| 7922 | of Enterprise Florida, Inc., the Chief Financial Officer, the |
| 7923 | Secretary of State, a senior official of the United States |
| 7924 | Department of Commerce, and the chair of the advisory council to |
| 7925 | the Division of International Trade and Business Development of |
| 7926 | Enterprise Florida, Inc. Florida Black Business Investment |
| 7927 | Board. |
| 7928 | (3) The board shall: |
| 7929 | (a) Before Prior to the expenditure of funds from the |
| 7930 | export finance account, adopt bylaws, rules, and policies which |
| 7931 | are necessary to carry out the responsibilities under this part, |
| 7932 | particularly with respect to the implementation of the |
| 7933 | corporation's programs to insure, coinsure, lend, provide loan |
| 7934 | guarantees, and make direct, guaranteed, or collateralized loans |
| 7935 | by the corporation to support export transactions. The |
| 7936 | corporation's bylaws, rules, and policies shall be reviewed and |
| 7937 | approved by Enterprise Florida, Inc., before prior to final |
| 7938 | adoption by the board. |
| 7939 | (c) Issue an annual report to Enterprise Florida, Inc., on |
| 7940 | the activities of the corporation, including an evaluation of |
| 7941 | activities and recommendations for change. The evaluation shall |
| 7942 | include the corporation's impact on the following: |
| 7943 | 1. Participation of private banks and other private |
| 7944 | organizations and individuals in the corporation's export |
| 7945 | financing programs. |
| 7946 | 2. Access of small and medium-sized businesses in this |
| 7947 | state to federal export financing programs. |
| 7948 | 3. Export volume of the small and medium-sized businesses |
| 7949 | in this state accessing the corporation's programs. |
| 7950 | 4. Other economic and social benefits to international |
| 7951 | programs in this state. |
| 7952 | (g) Consult with Enterprise Florida, Inc., and its boards, |
| 7953 | or any state or federal agency, to ensure that the respective |
| 7954 | loan guarantee or working capital loan origination programs are |
| 7955 | not duplicative and that each program makes full use of, to the |
| 7956 | extent practicable, the resources of the other. |
| 7957 | Section 99. Section 288.7771, Florida Statutes, is amended |
| 7958 | to read: |
| 7959 | 288.7771 Annual report of Florida Export Finance |
| 7960 | Corporation.- The corporation shall annually prepare and submit |
| 7961 | to the Department of Economic Opportunity Enterprise Florida, |
| 7962 | Inc., for inclusion in its annual report required by s. 288.095 |
| 7963 | a complete and detailed report setting forth: |
| 7964 | (1) The report required in s. 288.776(3). |
| 7965 | (2) Its assets and liabilities at the end of its most |
| 7966 | recent fiscal year. |
| 7967 | Section 100. Section 288.816, Florida Statutes, is amended |
| 7968 | to read: |
| 7969 | 288.816 Intergovernmental relations.- |
| 7970 | (1) The department Office of Tourism, Trade, and Economic |
| 7971 | Development shall be responsible for consular operations and the |
| 7972 | sister city and sister state program and shall serve as liaison |
| 7973 | with foreign, federal, and other state international |
| 7974 | organizations and with county and municipal governments in |
| 7975 | Florida. |
| 7976 | (2) The department Office of Tourism, Trade, and Economic |
| 7977 | Development shall be responsible for all consular relations |
| 7978 | between the state and all foreign governments doing business in |
| 7979 | Florida. The department office shall monitor United States laws |
| 7980 | and directives to ensure that all federal treaties regarding |
| 7981 | foreign privileges and immunities are properly observed. The |
| 7982 | department office shall promulgate rules which shall: |
| 7983 | (a) Establish a viable system of registration for foreign |
| 7984 | government officials residing or having jurisdiction in the |
| 7985 | state. Emphasis shall be placed on maintaining active |
| 7986 | communication between the department Office of Tourism, Trade, |
| 7987 | and Economic Development and the United States Department of |
| 7988 | State in order to be currently informed regarding foreign |
| 7989 | governmental personnel stationed in, or with official |
| 7990 | responsibilities for, Florida. Active dialogue shall also be |
| 7991 | maintained with foreign countries which historically have had |
| 7992 | dealings with Florida in order to keep them informed of the |
| 7993 | proper procedure for registering with the state. |
| 7994 | (b) Maintain and systematically update a current and |
| 7995 | accurate list of all such foreign governmental officials, |
| 7996 | consuls, or consulates. |
| 7997 | (c) Issue certificates to such foreign governmental |
| 7998 | officials after verification pursuant to proper investigations |
| 7999 | through United States Department of State sources and the |
| 8000 | appropriate foreign government. |
| 8001 | (d) Verify entitlement to sales and use tax exemptions |
| 8002 | pursuant to United States Department of State guidelines and |
| 8003 | identification methods. |
| 8004 | (e) Verify entitlement to issuance of special motor |
| 8005 | vehicle license plates by the Division of Motor Vehicles of the |
| 8006 | Department of Highway Safety and Motor Vehicles to honorary |
| 8007 | consuls or such other officials representing foreign governments |
| 8008 | who are not entitled to issuance of special Consul Corps license |
| 8009 | plates by the United States Government. |
| 8010 | (f) Establish a system of communication to provide all |
| 8011 | state and local law enforcement agencies with information |
| 8012 | regarding proper procedures relating to the arrest or |
| 8013 | incarceration of a foreign citizen. |
| 8014 | (g) Request the Department of Law Enforcement to provide |
| 8015 | transportation and protection services when necessary pursuant |
| 8016 | to s. 943.68. |
| 8017 | (h) Coordinate, when necessary, special activities between |
| 8018 | foreign governments and Florida state and local governments. |
| 8019 | These may include Consular Corps Day, Consular Corps |
| 8020 | conferences, and various other social, cultural, or educational |
| 8021 | activities. |
| 8022 | (i) Notify all newly arrived foreign governmental |
| 8023 | officials of the services offered by the department Office of |
| 8024 | Tourism, Trade, and Economic Development. |
| 8025 | (3) The department Office of Tourism, Trade, and Economic |
| 8026 | Development shall operate the sister city and sister state |
| 8027 | program and establish such new programs as needed to further |
| 8028 | global understanding through the interchange of people, ideas, |
| 8029 | and culture between Florida and the world. To accomplish this |
| 8030 | purpose, the department office shall have the power and |
| 8031 | authority to: |
| 8032 | (a) Coordinate and carry out activities designed to |
| 8033 | encourage the state and its subdivisions to participate in |
| 8034 | sister city and sister state affiliations with foreign countries |
| 8035 | and their subdivisions. Such activities may include a State of |
| 8036 | Florida sister cities conference. |
| 8037 | (b) Encourage cooperation with and disseminate information |
| 8038 | pertaining to the Sister Cities International Program and any |
| 8039 | other program whose object is to promote linkages with foreign |
| 8040 | countries and their subdivisions. |
| 8041 | (c) Maximize any aid available from all levels of |
| 8042 | government, public and private agencies, and other entities to |
| 8043 | facilitate such activities. |
| 8044 | (d) Establish a viable system of registration for sister |
| 8045 | city and sister state affiliations between the state and foreign |
| 8046 | countries and their subdivisions. Such system shall include a |
| 8047 | method to determine that sufficient ties are properly |
| 8048 | established as well as a method to supervise how these ties are |
| 8049 | maintained. |
| 8050 | (e) Maintain a current and accurate listing of all such |
| 8051 | affiliations. Sister city affiliations shall not be discouraged |
| 8052 | between the state and any country specified in s. 620(f)(1) of |
| 8053 | the federal Foreign Assistance Act of 1961, as amended, with |
| 8054 | whom the United States is currently conducting diplomatic |
| 8055 | relations unless a mandate from the United States Government |
| 8056 | expressly prohibits such affiliations. |
| 8057 | (4) The department Office of Tourism, Trade, and Economic |
| 8058 | Development shall serve as a contact for the state with the |
| 8059 | Florida Washington Office, the Florida Congressional Delegation, |
| 8060 | and United States Government agencies with respect to laws or |
| 8061 | policies which may affect the interests of the state in the area |
| 8062 | of international relations. All inquiries received regarding |
| 8063 | international economic trade development or reverse investment |
| 8064 | opportunities shall be referred to Enterprise Florida, Inc. In |
| 8065 | addition, the department office shall serve as liaison with |
| 8066 | other states with respect to international programs of interest |
| 8067 | to Florida. The department office shall also investigate and |
| 8068 | make suggestions regarding possible areas of joint action or |
| 8069 | regional cooperation with these states. |
| 8070 | (5) The department Office of Tourism, Trade, and Economic |
| 8071 | Development shall have the power and duty to encourage the |
| 8072 | relocation to Florida of consular offices and multilateral and |
| 8073 | international agencies and organizations. |
| 8074 | (6) The Division of International Trade and Business |
| 8075 | Development of Enterprise Florida, Inc., Office of Tourism, |
| 8076 | Trade, and Economic Development, through membership on the board |
| 8077 | of directors of Enterprise Florida, Inc., shall help to |
| 8078 | contribute an international perspective to the state's |
| 8079 | development efforts. |
| 8080 | Section 101. Paragraph (a) of subsection (1) and |
| 8081 | subsection (2) of section 288.809, Florida Statutes, are amended |
| 8082 | to read: |
| 8083 | 288.809 Florida Intergovernmental Relations Foundation; |
| 8084 | use of property; board of directors; audit.- |
| 8085 | (1) DEFINITIONS.-For the purposes of this section, the |
| 8086 | term: |
| 8087 | (a) "Florida Intergovernmental Relations Foundation" means |
| 8088 | a direct-support organization: |
| 8089 | 1. Which is a corporation not for profit that is |
| 8090 | incorporated under the provisions of chapter 617 and approved by |
| 8091 | the Department of State; |
| 8092 | 2. Which is organized and operated exclusively to solicit, |
| 8093 | receive, hold, invest, and administer property and, subject to |
| 8094 | the approval of the department Office of Tourism, Trade, and |
| 8095 | Economic Development, to make expenditures to or for the |
| 8096 | promotion of intergovernmental relations programs; and |
| 8097 | 3. Which the department Office of Tourism, Trade, and |
| 8098 | Economic Development, after review, has certified to be |
| 8099 | operating in a manner consistent with the policies and goals of |
| 8100 | the department office. |
| 8101 | (2) USE OF PROPERTY.-The department Office of Tourism, |
| 8102 | Trade, and Economic Development: |
| 8103 | (a) May Is authorized to permit the use of property, |
| 8104 | facilities, and personal services of the department Office of |
| 8105 | Tourism, Trade, and Economic Development by the foundation, |
| 8106 | subject to the provisions of this section. |
| 8107 | (b) Shall prescribe conditions with which the foundation |
| 8108 | must comply in order to use property, facilities, or personal |
| 8109 | services of the department. Such conditions shall provide for |
| 8110 | budget and audit review and for oversight by the department |
| 8111 | Office of Tourism, Trade, and Economic Development. |
| 8112 | (c) May Shall not permit the use of property, facilities, |
| 8113 | or personal services of the foundation if the foundation does |
| 8114 | not provide equal employment opportunities to all persons, |
| 8115 | regardless of race, color, national origin, sex, age, or |
| 8116 | religion. |
| 8117 | Section 102. Subsections (2) through (8) of section |
| 8118 | 288.8175, Florida Statutes, are renumbered as subsections (1) |
| 8119 | through (7), respectively, and present subsections (1), (3), |
| 8120 | (4), and (8) of that section are amended to read: |
| 8121 | 288.8175 Linkage institutes between postsecondary |
| 8122 | institutions in this state and foreign countries.- |
| 8123 | (1) As used in this section, the term "department" means |
| 8124 | the Department of Education. |
| 8125 | (2)(3) Each institute must be governed by an agreement |
| 8126 | between the Board of Governors of the State University System |
| 8127 | for a state university and the State Board of Education for a |
| 8128 | community college with the counterpart organization in a foreign |
| 8129 | country. Each institute must report to the Department of |
| 8130 | Education regarding its program activities, expenditures, and |
| 8131 | policies. |
| 8132 | (3)(4) Each institute must be co-administered in this |
| 8133 | state by a university-community college partnership, as |
| 8134 | designated in subsection (5), and must have a private sector and |
| 8135 | public sector advisory committee. The advisory committee must be |
| 8136 | representative of the international education and commercial |
| 8137 | interests of the state and may have members who are native to |
| 8138 | the foreign country partner. Six members must be appointed by |
| 8139 | the Department of Education. The Department of Education must |
| 8140 | appoint at least one member who is an international educator. |
| 8141 | The presidents, or their designees, of the participating |
| 8142 | university and community college must also serve on the advisory |
| 8143 | committee. |
| 8144 | (7)(8) A linkage institute may not be created or funded |
| 8145 | except upon the recommendation of the Department of Education |
| 8146 | and except by amendment to this section. |
| 8147 | Section 103. Section 288.826, Florida Statutes, is amended |
| 8148 | to read: |
| 8149 | 288.826 Florida International Trade and Promotion Trust |
| 8150 | Fund.-There is hereby established in the State Treasury the |
| 8151 | Florida International Trade and Promotion Trust Fund. The moneys |
| 8152 | deposited into this trust fund shall be administered by the |
| 8153 | department Office of Tourism, Trade, and Economic Development |
| 8154 | for the operation of Enterprise Florida, Inc., and its boards |
| 8155 | and for the operation of Florida international foreign offices |
| 8156 | under s. 288.012. |
| 8157 | Section 104. Section 288.901, Florida Statutes, is amended |
| 8158 | to read: |
| 8159 | (Substantial rewording of section. See |
| 8160 | s. 288.901, F.S., for present text.) |
| 8161 | 288.901 Enterprise Florida, Inc.- |
| 8162 | (1)(a) There is created a not-for-profit corporation, to |
| 8163 | be known as "Enterprise Florida, Inc.," which shall be |
| 8164 | registered, incorporated, organized, and operated in compliance |
| 8165 | with chapter 617, and which may not be a unit or entity of state |
| 8166 | government. |
| 8167 | (b) The Legislature finds that it is in the public |
| 8168 | interest and reflects the state's public policy that Enterprise |
| 8169 | Florida, Inc., operate in the most open and accessible manner |
| 8170 | consistent with its public purposes. To this end, the |
| 8171 | Legislature specifically declares that Enterprise Florida, Inc., |
| 8172 | and its divisions, boards, and advisory councils, or similar |
| 8173 | entities created or managed by Enterprise Florida, Inc., are |
| 8174 | subject to the provisions of chapter 119, relating to public |
| 8175 | records and those provisions of chapter 286 relating to public |
| 8176 | meetings and records. |
| 8177 | (c) The Legislature further finds that it is in the public |
| 8178 | interest that the members of the board of directors of |
| 8179 | Enterprise Florida, Inc., be subject to the requirements of ss. |
| 8180 | 112.3135, 112.3143, and 112.313, excluding s. 112.313(2), |
| 8181 | notwithstanding the fact that the board members are not public |
| 8182 | officers or employees. For purposes of those sections, the board |
| 8183 | members are considered to be public officers or employees. The |
| 8184 | exemption set forth in s. 212.313(12) for advisory boards |
| 8185 | applies to the members of the board of directors of Enterprise |
| 8186 | Florida, Inc. Further, each member of the board of directors who |
| 8187 | is not otherwise required to file financial disclosures pursuant |
| 8188 | to s. 8, Art. II of the State Constitution or s. 112.3144, shall |
| 8189 | file disclosure of financial interests pursuant to s. 112.3145. |
| 8190 | (2) Enterprise Florida, Inc., shall act as an economic- |
| 8191 | development organization for the state, utilizing private- |
| 8192 | sector and public-sector expertise in collaboration with the |
| 8193 | department to: |
| 8194 | (a) Facilitate the creation of better-paying jobs and |
| 8195 | increase business investment in Florida; |
| 8196 | (b) Advance international and domestic trade |
| 8197 | opportunities; |
| 8198 | (c) Market the state both as a pro-business location for |
| 8199 | new investment and as an unparalleled tourist destination; |
| 8200 | (d) Revitalize Florida's space and aerospace industries |
| 8201 | and promote emerging complementary industries; |
| 8202 | (e) Promote opportunities for minority-owned businesses; |
| 8203 | and |
| 8204 | (f) Assist and market professional and amateur sport teams |
| 8205 | and sporting events in Florida. |
| 8206 | (3) Enterprise Florida, Inc., shall be governed by an 11- |
| 8207 | member board of directors. The Governor shall serve on the board |
| 8208 | as the chair, and shall appoint four other members, subject to |
| 8209 | confirmation by the Senate. Three members shall be appointed by |
| 8210 | the President of the Senate, and three members shall be |
| 8211 | appointed by the Speaker of the House of Representatives. |
| 8212 | (a) In making their appointments, the Governor, the |
| 8213 | President of the Senate, and the Speaker of the House of |
| 8214 | Representatives shall ensure that the composition of the board |
| 8215 | of directors reflects the diversity of Florida's business |
| 8216 | community and is representative of the economic development |
| 8217 | goals in subsection (2). The board must include at least one |
| 8218 | representative for each of the following areas of expertise: |
| 8219 | international business, tourism marketing, the space or |
| 8220 | aerospace industry, managing or financing a minority-owned |
| 8221 | business, manufacturing, finance and accounting, and sports |
| 8222 | marketing. |
| 8223 | (b) The Governor, the President of the Senate, and the |
| 8224 | Speaker of the House of Representatives shall also consider |
| 8225 | appointees who reflect the state's racial, ethnic, and gender |
| 8226 | diversity, as well as the geographic distribution, of the |
| 8227 | population of the state. |
| 8228 | (c) Appointed members shall serve 4-year terms, except |
| 8229 | that initially, to provide for staggered terms, the Governor, |
| 8230 | the President of the Senate, and the Speaker of the House of |
| 8231 | Representatives shall each appoint one member to serve a 2-year |
| 8232 | term and one member to serve a 3-year term, with the remaining |
| 8233 | initial appointees serving 4-year terms. All subsequent |
| 8234 | appointments shall be for 4-year terms. |
| 8235 | (d) Initial appointments must be made by October 1, 2011, |
| 8236 | and be eligible for confirmation at the earliest available |
| 8237 | Senate session. |
| 8238 | (e) Any member is eligible for reappointment, except that |
| 8239 | a member may not serve more than two terms. |
| 8240 | (f) A vacancy on the board of directors shall be filled |
| 8241 | for the remainder of the unexpired term. Vacancies on the board |
| 8242 | shall be filled by appointment by the Governor, the President of |
| 8243 | the Senate, or the Speaker of the House of Representatives, |
| 8244 | respectively, depending on who appointed the member whose |
| 8245 | vacancy is to be filled or whose term has expired. |
| 8246 | (g) Appointed members may be removed by the Governor, the |
| 8247 | President of the Senate, or the Speaker of the House of |
| 8248 | Representatives, respectively, for cause. Absence from three |
| 8249 | consecutive meetings results in automatic removal. |
| 8250 | (4) In addition to the board members designated under |
| 8251 | subsection (3), the board of directors may by resolution appoint |
| 8252 | any number of at-large members to the board of directors from |
| 8253 | the private sector, each of whom may serve a term of up to 3 |
| 8254 | years. At-large members shall have the powers and duties of |
| 8255 | other members of the board. An at-large member is eligible for |
| 8256 | reappointment but may not vote on his or her own reappointment. |
| 8257 | An at-large member shall be eligible to fill vacancies occurring |
| 8258 | among private sector appointees under subsection (3). At-large |
| 8259 | members may annually provide contributions to Enterprise |
| 8260 | Florida, Inc., in an amount determined by the 11-member board |
| 8261 | established in subsection (3). The contributions must be used to |
| 8262 | defray the operating expenses of Enterprise Florida, Inc., and |
| 8263 | help meet the required private match to the state's annual |
| 8264 | appropriation. |
| 8265 | (5)(a) The Commissioner of Economic Opportunity shall |
| 8266 | serve ex officio as a nonvoting member of the board of |
| 8267 | directors. |
| 8268 | (b) Each division advisory council chair shall serve ex |
| 8269 | officio as a nonvoting member of the board of directors. |
| 8270 | (c) The chair of the Space Florida advisory council shall |
| 8271 | serve ex officio as a nonvoting member of the board of |
| 8272 | directors. |
| 8273 | (d) The president of the Workforce Florida, Inc. shall |
| 8274 | serve ex officio as a nonvoting member of the board of |
| 8275 | directors. |
| 8276 | (e) The chair of the Florida Housing Finance Corporation |
| 8277 | shall serve ex officio as a nonvoting member of the board of |
| 8278 | directors. |
| 8279 | (6) The board of directors shall biennially elect one of |
| 8280 | its members as vice chair. The board of directors shall meet at |
| 8281 | least four times each year, upon the call of the chair, at the |
| 8282 | request of the vice chair, or at the request of a majority of |
| 8283 | the membership. A majority of the total number of current voting |
| 8284 | directors shall constitute a quorum. The board of directors may |
| 8285 | take official action by a majority vote of the total members |
| 8286 | present at any meeting at which a quorum is present, if a |
| 8287 | majority of the 11 appointed members are present. |
| 8288 | (7) Members of the board of directors shall serve without |
| 8289 | compensation, but members of Enterprise Florida, Inc., and the |
| 8290 | advisory councils created in s. 288.920, may be reimbursed for |
| 8291 | all reasonable, necessary, and actual expenses, as determined by |
| 8292 | the board of directors. |
| 8293 | (8) Enterprise Florida, Inc., may not endorse any |
| 8294 | candidate for any elected public office or contribute moneys to |
| 8295 | the campaign of any such candidate. |
| 8296 | Section 105. Section 288.9015, Florida Statutes, is |
| 8297 | amended to read: |
| 8298 | (Substantial rewording of section. See |
| 8299 | s. 288.9015, F.S., for present text.) |
| 8300 | 288.9015 Powers of Enterprise Florida, Inc., and the board |
| 8301 | of directors.- |
| 8302 | (1) Enterprise Florida, Inc., shall integrate its efforts |
| 8303 | in business recruitment and expansion, job creation, marketing |
| 8304 | the state for tourism and sports, and promoting economic |
| 8305 | opportunities for minority-owned businesses and rural and |
| 8306 | distressed urban communities with those of the Commissioner of |
| 8307 | Economic Opportunity, to create an aggressive, agile, and |
| 8308 | collaborative effort to invigorate the state's economy. |
| 8309 | (2) The board of directors of Enterprise Florida, Inc., |
| 8310 | shall have the power to: |
| 8311 | (a) Secure funding for its programs and activities, and |
| 8312 | for its boards from federal, state, local, and private sources |
| 8313 | and from fees charged for services and published materials. |
| 8314 | (b) Solicit, receive, hold, invest, and administer any |
| 8315 | grant, payment, or gift of funds or property and make |
| 8316 | expenditures consistent with the powers granted to it. |
| 8317 | (c) Make and enter into contracts and other instruments |
| 8318 | necessary or convenient for the exercise of its powers and |
| 8319 | functions. A contract executed by Enterprise Florida, Inc., with |
| 8320 | a person or organization under which such person or organization |
| 8321 | agrees to perform economic development services or similar |
| 8322 | business assistance services on behalf of Enterprise Florida, |
| 8323 | Inc., or the state must include provisions requiring a |
| 8324 | performance report on the contracted activities and must account |
| 8325 | for proper use of funds provided under the contract, coordinate |
| 8326 | with other components of state and local economic development |
| 8327 | systems, and avoid duplication of existing state and local |
| 8328 | services and activities. |
| 8329 | (d) Elect or appoint such officers, employees, and agents |
| 8330 | as required for its activities and for its divisions, and pay |
| 8331 | such persons reasonable compensation. |
| 8332 | (e) Carry forward any unexpended state appropriations into |
| 8333 | succeeding fiscal years. |
| 8334 | (f) Except for the divisions and advisory councils created |
| 8335 | in s. 288.92, create and dissolve advisory councils, divisions, |
| 8336 | working groups, task forces, or similar organizations, as |
| 8337 | necessary to carry out its mission. Members of advisory |
| 8338 | councils, working groups, task forces, or similar organizations |
| 8339 | created by Enterprise Florida, Inc., shall serve without |
| 8340 | compensation, but may be reimbursed for reasonable, necessary, |
| 8341 | and actual expenses, as determined by the board of directors of |
| 8342 | Enterprise Florida, Inc. |
| 8343 | (g) Sue and be sued, and appear and defend in all actions |
| 8344 | and proceedings, in its corporate name to the same extent as a |
| 8345 | natural person. |
| 8346 | (h) Adopt, use, and alter a common corporate seal for |
| 8347 | Enterprise Florida, Inc., and its divisions. Notwithstanding |
| 8348 | chapter 617, this seal is not required to contain the words |
| 8349 | "corporation not-for-profit." |
| 8350 | (i) Adopt, amend, and repeal bylaws, not inconsistent with |
| 8351 | the powers granted to it or the articles of incorporation, for |
| 8352 | the administration of the activities of Enterprise Florida, |
| 8353 | Inc., and the exercise of its corporate powers. |
| 8354 | (j) Acquire, enjoy, use, and dispose of patents, |
| 8355 | copyrights, and trademarks and any licenses, royalties, and |
| 8356 | other rights or interests thereunder or therein. |
| 8357 | (k) Use the state seal, notwithstanding s. 15.03, when |
| 8358 | appropriate, for standard corporate identity applications. Use |
| 8359 | of the state seal is not intended to replace use of a corporate |
| 8360 | seal as provided in this section. |
| 8361 | (l) Procure insurance or require bond against any loss in |
| 8362 | connection with the property of Enterprise Florida, Inc., and |
| 8363 | its divisions, in such amounts and from such insurers as is |
| 8364 | necessary or desirable. |
| 8365 | (3) The powers granted to Enterprise Florida, Inc., shall |
| 8366 | be liberally construed in order that Enterprise Florida, Inc., |
| 8367 | may pursue and succeed in its responsibilities under this part. |
| 8368 | (4) Under no circumstances may the credit of the State of |
| 8369 | Florida be pledged on behalf of Enterprise Florida, Inc. |
| 8370 | (5) In addition to any indemnification available under |
| 8371 | chapter 617, Enterprise Florida, Inc., may indemnify, and |
| 8372 | purchase and maintain insurance on behalf of, it directors, |
| 8373 | officers, and employees of Enterprise Florida, Inc., and its |
| 8374 | divisions against any personal liability or accountability by |
| 8375 | reason of actions taken while acting within the scope of their |
| 8376 | authority. |
| 8377 | Section 106. Section 288.903, Florida Statutes, is amended |
| 8378 | to read: |
| 8379 | (Substantial rewording of section. See |
| 8380 | s. 288.903, F.S., for present text.) |
| 8381 | 288.903 Duties of Enterprise Florida, Inc.-Enterprise |
| 8382 | Florida, Inc., shall have the following duties: |
| 8383 | (1) Responsibly and prudently manage all public and |
| 8384 | private funds received, and ensure that the use of such funds is |
| 8385 | in accordance with all applicable laws, bylaws, or contractual |
| 8386 | requirements. |
| 8387 | (2) Administer the entities or programs created pursuant |
| 8388 | to part IX of chapter 288, ss. 288.9622-288.9624, and ss. |
| 8389 | 288.95155 and 288.9519 and the Cypress Equity Fund. |
| 8390 | (3) Prepare an annual report pursuant to s. 288.906 and an |
| 8391 | annual incentives report pursuant to s. 288.907. |
| 8392 | (4) Assist the department with the development of an |
| 8393 | annual and a long-range strategic business blueprint for |
| 8394 | economic development required under s. 20.60. |
| 8395 | (5) In coordination with Workforce Florida, Inc., identify |
| 8396 | education and training programs that will ensure Florida |
| 8397 | businesses have access to a skilled and competent workforce |
| 8398 | necessary to compete successfully in the domestic and global |
| 8399 | marketplace. |
| 8400 | Section 107. Section 288.904, Florida Statutes, is amended |
| 8401 | to read: |
| 8402 | (Substantial rewording of section. See |
| 8403 | s. 288.904, F.S., for present text.) |
| 8404 | 288.904 Funding for Enterprise Florida, Inc.; return on |
| 8405 | the public's investment.- |
| 8406 | (1)(a) The Legislature finds that it is a priority to |
| 8407 | maximize private-sector support in operating Enterprise Florida, |
| 8408 | Inc., and its divisions, as an endorsement of their value and as |
| 8409 | an enhancement of their efforts. Thus, the state appropriations |
| 8410 | for operational funding must be matched with private-sector |
| 8411 | support equal to at least 100 percent of the state operational |
| 8412 | funding. |
| 8413 | (b) Private-sector support in operating Enterprise |
| 8414 | Florida, Inc., and its divisions includes: |
| 8415 | 1. Cash given directly to Enterprise Florida, Inc., for |
| 8416 | its operations, including contributions from at-large members of |
| 8417 | the board of directors; |
| 8418 | 2. Cash donations from the divisions' advisory councils or |
| 8419 | from organizations assisted by the divisions; |
| 8420 | 3. Cash jointly raised by Enterprise Florida, Inc., and a |
| 8421 | private local economic development organization, a group of such |
| 8422 | organizations, or a statewide private business organization that |
| 8423 | supports collaborative projects; |
| 8424 | 4. Cash generated by fees charged for products or services |
| 8425 | of Enterprise Florida, Inc., and its divisions by sponsorship of |
| 8426 | events, missions, programs, and publications; and |
| 8427 | 5. Copayments, stock, warrants, royalties, or other |
| 8428 | private resources dedicated to Enterprise Florida, Inc., or its |
| 8429 | divisions. |
| 8430 | (2) Specifically for the marketing and advertising |
| 8431 | activities of the Division of Tourism Marketing, a one-to-one |
| 8432 | match is required of private to public contributions within 4 |
| 8433 | calendar years after the implementation date of the marketing |
| 8434 | plan pursuant to s. 288.923. For purposes of calculating the |
| 8435 | required one-to-one match, matching private funds shall be |
| 8436 | divided into four categories as follows: |
| 8437 | (a) Direct cash contributions, which include, but are not |
| 8438 | limited to, cash derived from strategic alliances, contributions |
| 8439 | of stocks and bonds, and partnership contributions. |
| 8440 | (b) Fees for services, which include, but are not limited |
| 8441 | to, event participation, research, and brochure placement and |
| 8442 | transparencies. |
| 8443 | (c) Cooperative advertising, which is the value based on |
| 8444 | cost of contributed productions, air time, and print space. |
| 8445 | (d) In-kind contributions, which include, but are not |
| 8446 | limited to, the value of strategic alliance services |
| 8447 | contributed, the value of loaned employees, discounted service |
| 8448 | fees, items contributed for use in promotions, and radio or |
| 8449 | television air time or print space for promotions. The value of |
| 8450 | air time or print space shall be calculated by taking the actual |
| 8451 | time or space and multiplying by the nonnegotiated unit price |
| 8452 | for that specific time or space which is known as the media |
| 8453 | equivalency value. In order to avoid duplication in determining |
| 8454 | media equivalency value, only the value of the promotion itself |
| 8455 | shall be included; the value of the items contributed for the |
| 8456 | promotion may not be included. |
| 8457 |
|
| 8458 | Documentation for the components of the four categories of |
| 8459 | private match shall be kept on file for inspection as determined |
| 8460 | necessary. |
| 8461 | (3)(a) The state's operating investment in Enterprise |
| 8462 | Florida, Inc., and its divisions is the budget contracted by the |
| 8463 | department to Enterprise Florida, Inc., less any funding that is |
| 8464 | directed by the Legislature to be subcontracted to a specific |
| 8465 | recipient entity. |
| 8466 | (b) The board of directors of Enterprise Florida, Inc., |
| 8467 | shall adopt for each upcoming fiscal year an operating budget |
| 8468 | for the organization, including its divisions, that specifies |
| 8469 | the intended uses of the state's operating investment and a plan |
| 8470 | for securing private-sector support. |
| 8471 | (4) The Legislature intends to review the performance of |
| 8472 | Enterprise Florida, Inc., in achieving the performance standards |
| 8473 | stated in its annual agreement with the department to determine |
| 8474 | whether the public is receiving a positive return on its |
| 8475 | investment in Enterprise Florida, Inc., and its divisions. It |
| 8476 | also is the intent of the Legislature that Enterprise Florida, |
| 8477 | Inc., coordinates its operations with local economic development |
| 8478 | organizations to maximize the state and local return-on- |
| 8479 | investment to create jobs for Floridians. |
| 8480 | Section 108. Section 288.905, Florida Statutes, is amended |
| 8481 | to read: |
| 8482 | (Substantial rewording of section. See |
| 8483 | s. 288.905, F.S., for present text.) |
| 8484 | 288.905 President and employees of Enterprise Florida, |
| 8485 | Inc.- |
| 8486 | (1)(a) The Commissioner of Economic Opportunity shall |
| 8487 | serve ex officio as president of Enterprise Florida, Inc. The |
| 8488 | board of directors may establish and execute an annual contract |
| 8489 | with the president that prescribes specific, measurable |
| 8490 | performance outcomes for the president, the satisfaction of |
| 8491 | which provides the basis for the award of privately-funded |
| 8492 | performance bonuses. |
| 8493 | (b) The president is the chief executive officer of the |
| 8494 | board of directors and of Enterprise Florida, Inc., and shall |
| 8495 | direct and supervise the administrative affairs of the board of |
| 8496 | directors and any divisions, councils, or boards. The board of |
| 8497 | directors may delegate to the president those powers and |
| 8498 | responsibilities it deems appropriate, including the employment |
| 8499 | and management of all employees of Enterprise Florida, Inc. |
| 8500 | (2) An employee of Enterprise Florida, Inc., may not |
| 8501 | receive compensation for employment which exceeds $130,000 per |
| 8502 | fiscal year unless the board of directors and the employee |
| 8503 | execute a contract that prescribes specific, measurable |
| 8504 | performance outcomes for the employee, the satisfaction of which |
| 8505 | provides the basis for the award of privately-funded performance |
| 8506 | bonuses that increase the employee's total compensation to a |
| 8507 | level that exceeds $130,000 per fiscal year. |
| 8508 | Section 109. Section 288.906, Florida Statutes, is amended |
| 8509 | to read: |
| 8510 | 288.906 Annual report of Enterprise Florida, Inc., and its |
| 8511 | divisions; audits.- |
| 8512 | (1) Before Prior to December 1 of each year, Enterprise |
| 8513 | Florida, Inc., shall submit to the Governor, the President of |
| 8514 | the Senate, the Speaker of the House of Representatives, the |
| 8515 | Senate Minority Leader, and the House Minority Leader a complete |
| 8516 | and detailed report including, but not limited to: |
| 8517 | (a)(1) A description of the operations and accomplishments |
| 8518 | of Enterprise Florida, Inc., and its divisions, boards, and |
| 8519 | advisory divisions committees or similar entities groups created |
| 8520 | by Enterprise Florida, Inc., and an identification of any major |
| 8521 | trends, initiatives, or developments affecting the performance |
| 8522 | of any program or activity. The individual annual reports |
| 8523 | prepared by each division shall be included as addenda. |
| 8524 | (b)(2) An evaluation of progress towards toward achieving |
| 8525 | organizational goals and specific performance outcomes, both |
| 8526 | short-term and long-term, established pursuant to s. 288.905 |
| 8527 | this part or under the agreement with the department. |
| 8528 | (c)(3) Methods for implementing and funding the operations |
| 8529 | of Enterprise Florida, Inc., and its boards divisions, including |
| 8530 | the private-sector support required under s. 288.904. |
| 8531 | (d)(4) A description of the operations and accomplishments |
| 8532 | of Enterprise Florida, Inc., and its boards divisions with |
| 8533 | respect to aggressively marketing Florida's rural communities |
| 8534 | and distressed urban communities as locations for potential new |
| 8535 | investment and job creation, aggressively assisting in the |
| 8536 | creation, retention, and expansion of existing businesses and |
| 8537 | job growth in these communities, and aggressively assisting |
| 8538 | these communities in the identification and development of new |
| 8539 | economic development opportunities. |
| 8540 | (e)(5) A description and evaluation of the operations and |
| 8541 | accomplishments of Enterprise Florida, Inc., and its boards |
| 8542 | divisions with respect to interaction with local and private |
| 8543 | economic development organizations, including an the |
| 8544 | identification of each organization that is a primary partner |
| 8545 | and any specific programs or activities which promoted the |
| 8546 | activities of such organizations and an identification of any |
| 8547 | specific programs or activities which that promoted a |
| 8548 | comprehensive and coordinated approach to economic development |
| 8549 | in this state. |
| 8550 | (f)(6) An assessment of job creation that directly |
| 8551 | benefits participants in the welfare transition program or other |
| 8552 | programs designed to put long-term unemployed persons back to |
| 8553 | work. |
| 8554 | (g) The results of a customer-satisfaction survey of |
| 8555 | businesses served. The survey shall be conducted by an |
| 8556 | independent entity with expertise in survey research that is |
| 8557 | under contract with Enterprise Florida, Inc., to develop, |
| 8558 | analyze, and report the results. |
| 8559 | (h)(7) An annual compliance and financial audit of |
| 8560 | accounts and records by an independent certified public |
| 8561 | accountant at the end of its most recent fiscal year performed |
| 8562 | in accordance with rules adopted by the Auditor General. |
| 8563 | (2) The detailed report required by this subsection |
| 8564 | section shall also include the information identified in |
| 8565 | subsection (1) subsections (1)-(7), if applicable, for any board |
| 8566 | each division established within the corporate structure of |
| 8567 | Enterprise Florida, Inc. |
| 8568 | Section 110. Section 288.907, Florida Statutes, is created |
| 8569 | to read: |
| 8570 | 288.907 Annual incentives report.- |
| 8571 | (1) In addition to the annual report required under s. |
| 8572 | 288.906, Enterprise Florida, Inc., by December 30 of each year, |
| 8573 | shall provide the Governor, the President of the Senate, and the |
| 8574 | Speaker of the House of Representatives a detailed incentives |
| 8575 | report quantifying the economic benefits for all of the economic |
| 8576 | development incentive programs marketed by Enterprise Florida, |
| 8577 | Inc. |
| 8578 | (a) The annual incentives report must include for each |
| 8579 | incentive program: |
| 8580 | 1. A brief description of the incentive program. |
| 8581 | 2. The amount of awards granted, by year, since inception. |
| 8582 | 3. The economic benefits, as defined in s. 288.005(1), |
| 8583 | based on the actual amount of private capital invested, actual |
| 8584 | number of jobs created, and actual wages paid for incentive |
| 8585 | agreements completed during the previous 3 years. |
| 8586 | 4. The report shall also include the actual amount of |
| 8587 | private capital invested, actual number of direct jobs created, |
| 8588 | and actual wages paid for incentive agreements completed during |
| 8589 | the previous 3 years for each target industry sector. |
| 8590 | (b) For projects completed during the previous state |
| 8591 | fiscal year, the report must include: |
| 8592 | 1. The number of economic development incentive |
| 8593 | applications received. |
| 8594 | 2. The number of recommendations made to the Governor by |
| 8595 | Enterprise Florida, Inc., including the number recommended for |
| 8596 | approval and the number recommended for denial. |
| 8597 | 3. The number of final decisions issued by the Governor |
| 8598 | for approval and for denial. |
| 8599 | 4. The projects for which a tax refund, tax credit, or |
| 8600 | cash grant agreement was executed, identifying: |
| 8601 | a. The number of jobs committed to be created. |
| 8602 | b. The amount of capital investments committed to be made. |
| 8603 | c. The annual average wage committed to be paid. |
| 8604 | d. The amount of state economic development incentives |
| 8605 | committed to the project from each incentive program under the |
| 8606 | project's terms of agreement with the Governor. |
| 8607 | e. The amount and type of local matching funds committed |
| 8608 | to the project. |
| 8609 | (c) For economic development projects that received tax |
| 8610 | refunds, tax credits, or cash grants under the terms of an |
| 8611 | agreement for incentives, the report must identify: |
| 8612 | 1. The number of direct jobs actually created. |
| 8613 | 2. The amount of capital investments actually made. |
| 8614 | 3. The annual average wage paid. |
| 8615 | (d) For a project receiving economic development |
| 8616 | incentives approved by the Governor and receiving federal or |
| 8617 | local incentives, the report must include a description of the |
| 8618 | federal or local incentives, if available. |
| 8619 | (e) The report must state the number of withdrawn or |
| 8620 | terminated projects that did not fulfill the terms of their |
| 8621 | agreements with the Governor and consequently are not receiving |
| 8622 | incentives. |
| 8623 | (f) The report must include an analysis of the economic |
| 8624 | benefits, as defined in s. 288.005(1), of tax refunds, tax |
| 8625 | credits, or other payments made to projects locating or |
| 8626 | expanding in state enterprise zones, rural communities, |
| 8627 | brownfield areas, or distressed urban communities. |
| 8628 | (g) The report must identify the target industry |
| 8629 | businesses and high-impact businesses. |
| 8630 | (h) The report must describe the trends relating to |
| 8631 | business interest in, and usage of, the various incentives, and |
| 8632 | the number of minority-owned or woman-owned businesses receiving |
| 8633 | incentives. |
| 8634 | (i) The report must identify incentive programs not |
| 8635 | utilized. |
| 8636 | (2) The Division of Strategic Business Development within |
| 8637 | the department shall assist Enterprise Florida, Inc., in the |
| 8638 | preparation of the annual incentives report. |
| 8639 | Section 111. Subsection (3) is added to section 288.911, |
| 8640 | Florida Statutes, to read: |
| 8641 | 288.911 Creation and implementation of a marketing and |
| 8642 | image campaign.- |
| 8643 | (3) Enterprise Florida, Inc., may register the fictitious |
| 8644 | name "VISIT Florida" pursuant to 865.09 for use in its |
| 8645 | activities related to promotion of the state as a tourist |
| 8646 | destination. |
| 8647 | Section 112. Section 288.912, Florida Statutes, is created |
| 8648 | to read: |
| 8649 | 288.912 Inventory of communities seeking to recruit |
| 8650 | businesses.-By September 30 of each year, a county or |
| 8651 | municipality that has a population of at least 25,000 or its |
| 8652 | local economic development organization must submit to the |
| 8653 | department, a brief overview of the strengths, services, and |
| 8654 | economic development incentives that its community offers. The |
| 8655 | county or municipality or its local economic development |
| 8656 | organization must also identify any industries that it is |
| 8657 | encouraging to locate or relocate to its area of the state. A |
| 8658 | county or municipality with a population less than 25,000 or its |
| 8659 | local economic development organization may submit information |
| 8660 | as described in this section and be allowed access to or the |
| 8661 | ability to participate in any activity or initiative that |
| 8662 | results from the collection, analysis, and reporting of the |
| 8663 | information provided to the department pursuant to this section. |
| 8664 | Section 113. Section 288.920, Florida Statutes, is created |
| 8665 | to read: |
| 8666 | 288.920 Divisions and advisory councils of Enterprise |
| 8667 | Florida, Inc.- |
| 8668 | (1) Enterprise Florida, Inc., shall establish divisions, |
| 8669 | including, but not limited to, the following and shall assign |
| 8670 | distinct responsibilities and complementary missions to each |
| 8671 | division: |
| 8672 | (a) Division of International Trade and Business |
| 8673 | Development; |
| 8674 | (b) Division of Business Retention and Recruitment; |
| 8675 | (c) Division of Tourism Marketing; |
| 8676 | (d) Division of Minority Business Development; and |
| 8677 | (e) Division of Sports Industry Development. |
| 8678 | (2)(a) The president of Enterprise Florida, Inc., as |
| 8679 | deemed appropriate by its board of directors, shall hire and |
| 8680 | establish the annual compensation of the employees of the |
| 8681 | divisions of Enterprise Florida, Inc. Such employees may be |
| 8682 | eligible for performance bonuses pursuant to s. 288.905(3). |
| 8683 | (b) The board of directors of Enterprise Florida, Inc., |
| 8684 | may organize the divisions and, to the greatest extent |
| 8685 | practicable, minimize costs by requiring that the divisions |
| 8686 | share administrative staff. |
| 8687 | (3) The Division of Business Retention and Recruitment, |
| 8688 | the Division of Tourism Marketing, and the Division of Minority |
| 8689 | Business Development shall each have an advisory council |
| 8690 | composed of residents of the state who have expertise in the |
| 8691 | respective division's responsibilities. Enterprise Florida, |
| 8692 | Inc., may submit nominations of persons to serve on each |
| 8693 | advisory council to the Governor, who shall appoint the members |
| 8694 | of each advisory council. Nominations for advisory council |
| 8695 | membership shall include representatives from all geographic |
| 8696 | areas of the state, including rural and urban communities. Each |
| 8697 | advisory council shall select a chair from among its membership. |
| 8698 | (4) Each advisory council member shall serve for a term of |
| 8699 | 2 years. A member may not serve more than two consecutive terms. |
| 8700 | The Governor may remove any member for cause and shall fill all |
| 8701 | vacancies |
| 8702 | (5) Advisory council members shall serve without |
| 8703 | compensation, but may be reimbursed for all reasonable, |
| 8704 | necessary, and actual expenses, as determined by the board of |
| 8705 | directors of Enterprise Florida, Inc. |
| 8706 | Section 114. Section 288.921, Florida Statutes, is created |
| 8707 | to read: |
| 8708 | 288.921 Division of International Trade and Business |
| 8709 | Development; responsibilities; advisory council.- |
| 8710 | (1) The Division of International Trade and Business |
| 8711 | Development is established within Enterprise Florida, Inc. |
| 8712 | (2) The division shall be responsible for: |
| 8713 | (a) Developing business leads that generate increased |
| 8714 | foreign investment in the state; |
| 8715 | (b) Developing programs, such as international trade |
| 8716 | shows, that establish viable overseas markets for Florida |
| 8717 | products and services; |
| 8718 | (c) Facilitate the development and implementation of |
| 8719 | strategies to secure financing for exporting Florida products |
| 8720 | and services; |
| 8721 | (d) Promote opportunities for international joint-venture |
| 8722 | relationships, using the resources of academic, business, and |
| 8723 | other institutions; |
| 8724 | (e) Coordinate and facilitate trade assistance for Florida |
| 8725 | businesses; |
| 8726 | (f) Participate in discussions and planning exercises with |
| 8727 | the Florida Seaport Transportation and Economic Development |
| 8728 | Council, the Department of Transportation, and the statewide |
| 8729 | transportation logistics and intermodal mobility organizations |
| 8730 | regarding proposed improvements to the state's infrastructure to |
| 8731 | attract and manage international cargo and commerce. |
| 8732 | (3) A 15-member advisory council shall be appointed, |
| 8733 | pursuant to s. 288.920, to submit recommendations to the board |
| 8734 | of directors of Enterprise Florida, Inc., on matters pertaining |
| 8735 | to international trade and business development; and projects to |
| 8736 | be undertaken by the division. |
| 8737 | Section 115. Section 288.922, Florida Statutes, is created |
| 8738 | to read: |
| 8739 | 288.922 Division of Business Retention and Recruitment; |
| 8740 | responsibilities; advisory council.- |
| 8741 | (1) The Division for Business Retention and Recruitment is |
| 8742 | established with Enterprise Florida, Inc. |
| 8743 | (2) The division shall coordinate with the Commissioner of |
| 8744 | Economic Opportunity and Enterprise Florida, Inc., to generate |
| 8745 | business leads on companies interested in relocating to the |
| 8746 | state and Florida-based companies interested in expanding or |
| 8747 | diversifying their operations within the state. In performing |
| 8748 | its duties, the division should: |
| 8749 | (a) Consider the inventory of communities seeking to |
| 8750 | recruit businesses submitted pursuant to s. 288.912. |
| 8751 | (b) Identify community needs associated with retaining |
| 8752 | existing businesses and recruiting new businesses, including the |
| 8753 | use of public-private funds to serve workforce housing needs |
| 8754 | that are affordable to local business employees, identifying |
| 8755 | developable lands with minimal planning and permitting concerns |
| 8756 | and available infrastructure. |
| 8757 | (c) Identify community needs and assets related to |
| 8758 | business retention and recruitment opportunities in rural areas |
| 8759 | and provide targeted assistance to communities located within |
| 8760 | Rural Areas of Critical Economic Concern established pursuant to |
| 8761 | s. 288.0656. |
| 8762 | (3) By October 15 of each year, the division shall submit |
| 8763 | an annual report to the board of directors of Enterprise |
| 8764 | Florida, Inc., which details the division's activities during |
| 8765 | the previous fiscal year and provides recommendations for |
| 8766 | revising laws relating to business retention and recruitment. |
| 8767 | (4) A 15-member advisory council shall be appointed, |
| 8768 | pursuant to s. 288.920, to submit recommendations to the board |
| 8769 | of directors of Enterprise Florida, Inc., on matters pertaining |
| 8770 | to innovative methods of business development and recruitment |
| 8771 | efforts; changes to existing economic development incentives, |
| 8772 | including the elimination of inactive incentives or |
| 8773 | implementation of new incentives; and target industries for |
| 8774 | recruitment or retention. Strong consideration should be given |
| 8775 | to appointing members who represent Rural Areas of Critical |
| 8776 | Economic Concern. |
| 8777 | Section 116. Section 288.923, Florida Statutes, is created |
| 8778 | to read: |
| 8779 | 288.923 Division of Tourism Marketing; definitions; |
| 8780 | responsibilities; advisory council.- |
| 8781 | (1) The Division of Tourism Marketing is established |
| 8782 | within Enterprise Florida, Inc. |
| 8783 | (2) As used in this section, the term: |
| 8784 | (a) "Tourism marketing" means any efforts exercised to |
| 8785 | attract domestic and international visitors from outside the |
| 8786 | state to destinations in the state and to stimulate state- |
| 8787 | resident tourism to areas within the state. |
| 8788 | (b) "Tourist" means any person who participates in trade |
| 8789 | or recreation activities outside the county of his or her |
| 8790 | permanent residence or who rents or leases transient living |
| 8791 | quarters or accommodations as described in s. 125.0104(3)(a). |
| 8792 | (c) "County destination marketing organization" means a |
| 8793 | public or private agency that is funded by local option tourist |
| 8794 | development tax revenues under s. 125.0104, or local option |
| 8795 | convention development tax revenues under s. 212.0305, and is |
| 8796 | officially designated by a county commission to market and |
| 8797 | promote the area for tourism or convention business or, in any |
| 8798 | county which has not levied such taxes, a public or private |
| 8799 | agency that is officially designated by the county commission to |
| 8800 | market and promote the area for tourism or convention business. |
| 8801 | (3) The division's responsibilities and duties include, |
| 8802 | but are not limited to: |
| 8803 | (a) Advising the president of Enterprise Florida, Inc., on |
| 8804 | development of domestic and international tourism marketing |
| 8805 | campaigns featuring Florida; |
| 8806 | (b) Developing and implementing, in conjunction with its |
| 8807 | private partners, an annual tourism marketing campaign that |
| 8808 | targets each region of the state, each season of the year, and |
| 8809 | traditional as well as new tourist populations; and |
| 8810 | (c) Developing a 4-year marketing plan explicitly |
| 8811 | explaining how the division intends to: |
| 8812 | 1. Sustain overall tourism growth in Florida; |
| 8813 | 2. Expand to new or under-represented tourist markets; |
| 8814 | 3. Solidify traditional and loyal tourist markets; |
| 8815 | 4. Coordinate efforts with county destination marketing |
| 8816 | organizations, other local government marketing groups, |
| 8817 | privately owned attractions and destinations, and other private- |
| 8818 | sector partners to create a seamless, four-season advertising |
| 8819 | campaign for the state and its regions; |
| 8820 | 5. Develop innovative techniques or promotions to build |
| 8821 | repeat visitation by targeted segments of the tourist |
| 8822 | population; |
| 8823 | 6. Consider innovative sources of private funding for |
| 8824 | tourism marketing; and |
| 8825 | 7. Develop and update periodically an emergency response |
| 8826 | component to address natural and man-made disasters from a |
| 8827 | marketing stand point. |
| 8828 |
|
| 8829 | The plan shall be annual in construction and ongoing in nature. |
| 8830 | Any annual revisions of such a plan shall carry forward the |
| 8831 | concepts of the remaining 3-year portion of that plan and |
| 8832 | consider a continuum portion to preserve the 4-year time-frame |
| 8833 | of the plan. The plan also shall include recommendations for |
| 8834 | specific performance standards and measurable outcomes for the |
| 8835 | division. The Commissioner of Economic Opportunity, in |
| 8836 | consultation with the board of directors of Enterprise Florida, |
| 8837 | Inc., shall base the actual performance metrics on these |
| 8838 | recommendations. |
| 8839 | (d) Drafting and submitting an annual report by October 15 |
| 8840 | of each year which details the division's activities during the |
| 8841 | prior fiscal year, and any recommendations for improving current |
| 8842 | statutes related to tourism marketing. |
| 8843 | (4) A 15-member advisory council shall be appointed, |
| 8844 | pursuant to s. 288.920, to make recommendations to the board of |
| 8845 | directors of Enterprise Florida, Inc., on matters pertaining to |
| 8846 | ways to improve or enhance Florida's tourism marketing efforts; |
| 8847 | research on tourist populations and trends; and innovative |
| 8848 | tourism funding proposals. |
| 8849 | Section 117. Section 288.925, Florida Statutes, is created |
| 8850 | to read: |
| 8851 | 288.925 The Division of Minority Business Investment; |
| 8852 | responsibilities; advisory council.- |
| 8853 | (1) The Division of Minority Business Development is |
| 8854 | established within Enterprise Florida, Inc. |
| 8855 | (2) The division's primary mission is to assist in the |
| 8856 | development and expansion of minority business enterprises by: |
| 8857 | (a) Administering the Black Business Loan Program in s. |
| 8858 | 288.7102 and assisting in the creation of a long-range strategic |
| 8859 | policy for that program. |
| 8860 | (b) Evaluating the unmet need for capital by black |
| 8861 | business enterprises in the state, and providing a 5-year |
| 8862 | projection of the need for capital by minority business |
| 8863 | enterprises. The division may contract with an independent |
| 8864 | entity to prepare the projection once every 5 years. |
| 8865 | (c) Developing strategies to increase financial |
| 8866 | institution investment in minority business enterprises. |
| 8867 | (d) Advising the department and Enterprise Florida, Inc., |
| 8868 | about the needs of minority business enterprises. |
| 8869 | (e) Creating partnerships among federal, state, and local |
| 8870 | governments, private enterprises, and national organizations to |
| 8871 | aid in the development and expansion of black business |
| 8872 | enterprises. |
| 8873 | (f) Acting as a clearinghouse of information by providing |
| 8874 | a network of information resources for minority business |
| 8875 | enterprises and facilitate the provision of technical assistance |
| 8876 | in communities in which such services are otherwise underserved. |
| 8877 | (g) Aiding the development and expansion of minority |
| 8878 | business enterprises by leveraging federal, state, local, and |
| 8879 | private funds to be held by the Enterprise Florida, Inc., board |
| 8880 | of directors for uses pursuant to this section and s. 288.7102. |
| 8881 | (h) Marketing services to minority business enterprises, |
| 8882 | including the Black Business Loan Program. |
| 8883 | (i) Submitting an annual report by October 15 of each year |
| 8884 | to the Enterprise Florida, Inc., board of directors that details |
| 8885 | the previous fiscal year's activities, including activities of |
| 8886 | the black business investment corporations that make the loans |
| 8887 | to qualified businesses, pursuant to s. 288.7102; the most |
| 8888 | recent 5 year projection of the need for capital by black |
| 8889 | business enterprises, identifiable trends from the previous |
| 8890 | fiscal year's loan activity; and any recommended changes to the |
| 8891 | current program. |
| 8892 | (3) A 15-member advisory council shall be appointed, |
| 8893 | pursuant to s. 288.920, to make recommendations to the |
| 8894 | Enterprise Florida, Inc., board of directors on such matters as |
| 8895 | how to improve minority business access to capital; and |
| 8896 | recommendations on how to provide technical assistance and other |
| 8897 | business resources to minority-owned businesses. Members of the |
| 8898 | advisory council must have experience in business, including |
| 8899 | financial services, banking, or economic development. At least |
| 8900 | one of the appointees must have experience in venture capital. |
| 8901 | Section 118. Section 288.1229, Florida Statutes, is |
| 8902 | transferred, renumbered as section 288.926, Florida Statutes, |
| 8903 | and amended to read: |
| 8904 | (Substantial rewording of section. See |
| 8905 | s. 288.1229, F.S., for present text.) |
| 8906 | 288.926 Division of Sports Industry Development; |
| 8907 | responsibilities; duties; advisory council.- |
| 8908 | (1) The Division of Sports Industry Development is |
| 8909 | established within Enterprise Florida, Inc. |
| 8910 | (2) The division is responsible for: |
| 8911 | (a) The promotion and development of professional and |
| 8912 | amateur sports industries and related industries for the purpose |
| 8913 | of improving the economic presence of these industries in |
| 8914 | Florida. |
| 8915 | (b) The promotion of amateur athletic participation for |
| 8916 | the citizens of Florida, and the promotion of Florida as a host |
| 8917 | for national and international amateur athletic competitions for |
| 8918 | the purpose of encouraging and increasing the direct and |
| 8919 | ancillary economic benefits of amateur athletic events and |
| 8920 | competitions. |
| 8921 | (c) The retention of professional sports franchises, |
| 8922 | including the spring training operations of Major League |
| 8923 | Baseball. |
| 8924 | (d) The drafting and submitting an annual report by |
| 8925 | October 15 of each year to Enterprise Florida, Inc., that |
| 8926 | details the division's activities for the prior fiscal year and |
| 8927 | any recommendations for improving current statutes related to |
| 8928 | sports and related industries. |
| 8929 | (3) The division shall have the following duties: |
| 8930 | (a) Developing, fostering, and coordinating services and |
| 8931 | programs for amateur sports for all Floridians. |
| 8932 | (b) Sponsoring amateur sports workshops, clinics, |
| 8933 | conferences, and other similar activities. |
| 8934 | (c) Giving recognition to outstanding developments and |
| 8935 | achievements in, and contributions to, amateur sports. |
| 8936 | (d) Encouraging, supporting, and assisting local |
| 8937 | governments and communities in the development of or hosting of |
| 8938 | local amateur athletic events and competitions. |
| 8939 | (e) Promoting this state as a host for national and |
| 8940 | international amateur athletic competitions. |
| 8941 | (f) Continuing the amateur sports programs previously |
| 8942 | conducted by the Florida Governor's Council on Physical Fitness |
| 8943 | and Amateur Sports created under the former s. 14.22. |
| 8944 | (g) Encouraging and continuing the use of volunteers in |
| 8945 | its amateur sports programs to the maximum extent possible. |
| 8946 | (h) Developing, fostering, and coordinating services and |
| 8947 | programs designed to encourage the participation of Florida's |
| 8948 | youth in Olympic sports activities and competitions. |
| 8949 | (i) Fostering and coordinating services and programs |
| 8950 | designed to contribute to the physical fitness of the citizens |
| 8951 | of Florida. |
| 8952 | (j) Developing a statewide program of amateur athletic |
| 8953 | competition to be known as the "Sunshine State Games." The |
| 8954 | Sunshine State Games shall be patterned after the Summer |
| 8955 | Olympics with variations as necessitated by availability of |
| 8956 | facilities, equipment, and expertise. The games shall be |
| 8957 | designed to encourage the participation of athletes representing |
| 8958 | a broad range of age groups, skill levels, and Florida |
| 8959 | communities. Participants shall be residents of this state. |
| 8960 | Regional competitions shall be held throughout the state, and |
| 8961 | the top qualifiers in each sport shall proceed to the final |
| 8962 | competitions to be held at a site in the state with the |
| 8963 | necessary facilities and equipment for conducting the |
| 8964 | competitions. |
| 8965 | (4) The Executive Office of the Governor may authorize the |
| 8966 | use of property, facilities, and personnel services of or at any |
| 8967 | State University System facility or institution by the division |
| 8968 | for operating the Sunshine State Games. For the purposes of this |
| 8969 | paragraph, personnel services includes full-time or part-time |
| 8970 | personnel as well as payroll processing. Any funds or property |
| 8971 | held in trust by the Sunshine State Games Foundation, Inc., and |
| 8972 | the Florida Governor's Council on Physical Fitness and Amateur |
| 8973 | Sports shall revert to the division upon expiration or |
| 8974 | cancellation of the contract with the Sunshine State Games |
| 8975 | Foundation, Inc., and the Florida Governor's Council on Physical |
| 8976 | Fitness and Amateur Sports, to be used for the promotion of |
| 8977 | amateur sports in Florida. |
| 8978 | (5)(a) A 15-member advisory council shall be appointed, |
| 8979 | pursuant to s. 288.920, to make recommendations to the |
| 8980 | Enterprise Florida, Inc., board of directors on the activities |
| 8981 | of the division. |
| 8982 | (b) Applicants for the advisory council must have either a |
| 8983 | background in community service in, or financial support of, the |
| 8984 | sports industry, professional sports, or organized amateur |
| 8985 | athletics. They also should be knowledgeable about or active in |
| 8986 | professional or organized amateur sports. Additionally, the |
| 8987 | advisory council's membership must be representative of all |
| 8988 | geographical regions of the state and reflect the state's ethnic |
| 8989 | and gender diversity. |
| 8990 | Section 119. Section 288.95155, Florida Statutes, is |
| 8991 | amended to read: |
| 8992 | 288.95155 Florida Small Business Technology Growth |
| 8993 | Program.- |
| 8994 | (1) The Florida Small Business Technology Growth Program |
| 8995 | is hereby established to provide financial assistance to |
| 8996 | businesses in this state having high job growth and emerging |
| 8997 | technology potential and fewer than 100 employees. The program |
| 8998 | shall be administered and managed by Enterprise Florida, Inc. |
| 8999 | (2)(a) Enterprise Florida, Inc., shall establish a |
| 9000 | separate small business technology growth account in the Florida |
| 9001 | Technology Research Investment Fund for purposes of this |
| 9002 | section. Moneys in the account shall consist of appropriations |
| 9003 | by the Legislature, proceeds of any collateral used to secure |
| 9004 | such assistance, transfers, fees assessed for providing or |
| 9005 | processing such financial assistance, grants, interest earnings, |
| 9006 | and earnings on financial assistance. |
| 9007 | (b) For the 2009-2010 fiscal year only, Enterprise |
| 9008 | Florida, Inc., shall advance up to $600,000 from the account to |
| 9009 | the Institute for Commercialization of Public Research for its |
| 9010 | operations. This paragraph expires July 1, 2010. |
| 9011 | (3) Pursuant to s. 216.351, the amount of any moneys |
| 9012 | appropriated to the account which are unused at the end of the |
| 9013 | fiscal year are shall not be subject to reversion under s. |
| 9014 | 216.301. All moneys in the account are continuously appropriated |
| 9015 | to the account and may be used for loan guarantees, letter of |
| 9016 | credit guarantees, cash reserves for loan and letter of credit |
| 9017 | guarantees, payments of claims pursuant to contracts for |
| 9018 | guarantees, subordinated loans, loans with warrants, royalty |
| 9019 | investments, equity investments, and operations of the program. |
| 9020 | Any claim against the program shall be paid solely from the |
| 9021 | account. Neither the credit nor the taxing power of the state |
| 9022 | shall be pledged to secure the account or moneys in the account, |
| 9023 | other than from moneys appropriated or assigned to the account, |
| 9024 | and the state are shall not be liable or obligated in any way |
| 9025 | for any claims against the account or against Enterprise |
| 9026 | Florida, Inc. |
| 9027 | (4) Awards of assistance from the program shall be |
| 9028 | finalized subject to the policies and procedures of Enterprise |
| 9029 | Florida, Inc. Enterprise Florida, Inc., shall leverage at least |
| 9030 | one dollar of matching investment for each dollar awarded from |
| 9031 | the program. Enterprise Florida, Inc., shall give the highest |
| 9032 | priority to moderate-risk and high-risk ventures that offer the |
| 9033 | greatest opportunity for compelling economic development impact. |
| 9034 | Enterprise Florida, Inc., shall establish for each award a risk- |
| 9035 | reward timetable that profiles the risks of the assistance, |
| 9036 | estimates the potential economic development impact, and |
| 9037 | establishes a timetable for reviewing the success or failure of |
| 9038 | the assistance. By December 31 of each year, Enterprise Florida, |
| 9039 | Inc., shall evaluate, on a portfolio basis, the results of all |
| 9040 | awards of assistance made from the program during the year. |
| 9041 | (5) Enterprise Florida, Inc., shall prepare for inclusion |
| 9042 | in the department's and include in its annual report required by |
| 9043 | s. 288.095 a report on the financial status of the program. The |
| 9044 | report must specify the assets and liabilities of the program |
| 9045 | within the current fiscal year and must include a portfolio |
| 9046 | update that lists all of the businesses assisted, the private |
| 9047 | dollars leveraged by each business assisted, and the growth in |
| 9048 | sales and in employment of each business assisted. |
| 9049 | Section 120. Paragraph (e) of subsection (2), paragraph |
| 9050 | (a) of subsection (4), subsection (7), paragraph (b) of |
| 9051 | subsection (8), subsection (9), paragraph (l) of subsection |
| 9052 | (10), and subsection (15) of section 288.955, Florida Statutes, |
| 9053 | are amended, and present subsections (16) and (17) of that |
| 9054 | section are renumbered as subsections (15) and (16), |
| 9055 | respectively, to read: |
| 9056 | 288.955 Scripps Florida Funding Corporation.- |
| 9057 | (2) CREATION.- |
| 9058 | (e) The department Office of Tourism, Trade, and Economic |
| 9059 | Development shall provide administrative support to the |
| 9060 | corporation as requested by the corporation. In the event of the |
| 9061 | dissolution of the corporation, the department office shall be |
| 9062 | the corporation's successor in interest and shall assume all |
| 9063 | rights, duties, and obligations of the corporation under any |
| 9064 | contract to which the corporation is then a party and under law. |
| 9065 | (4) BOARD; MEMBERSHIP.-The corporation shall be governed |
| 9066 | by a board of directors. |
| 9067 | (a) The board of directors shall consist of nine voting |
| 9068 | members, of whom the Governor shall appoint three, the President |
| 9069 | of the Senate shall appoint three, and the Speaker of the House |
| 9070 | of Representatives shall appoint three. The Commissioner of |
| 9071 | Economic Opportunity or the commissioner's designee director of |
| 9072 | the Office of Tourism, Trade, and Economic Development or the |
| 9073 | director's designee shall serve ex officio as a an ex-officio, |
| 9074 | nonvoting member of the board of directors. |
| 9075 | (7) INVESTMENT OF FUNDS.-The corporation must enter into |
| 9076 | an agreement with the State Board of Administration under which |
| 9077 | funds received by the corporation from the department Office of |
| 9078 | Tourism, Trade, and Economic Development which are not disbursed |
| 9079 | to the grantee shall be invested by the State Board of |
| 9080 | Administration on behalf of the corporation. Funds shall be |
| 9081 | invested in suitable instruments authorized under s. 215.47 and |
| 9082 | specified in investment guidelines established and agreed to by |
| 9083 | the State Board of Administration and the corporation. |
| 9084 | (8) CONTRACT.- |
| 9085 | (b) The contract, at a minimum, must contain provisions: |
| 9086 | 1. Specifying the procedures and schedules that govern the |
| 9087 | disbursement of funds under this section and specifying the |
| 9088 | conditions or deliverables that the grantee must satisfy before |
| 9089 | the release of each disbursement. |
| 9090 | 2. Requiring the grantee to submit to the corporation a |
| 9091 | business plan in a form and manner prescribed by the |
| 9092 | corporation. |
| 9093 | 3. Prohibiting The Scripps Research Institute or the |
| 9094 | grantee from establishing other biomedical science or research |
| 9095 | facilities in any state other than this state or California for |
| 9096 | a period of 12 years from the commencement of the contract. |
| 9097 | Nothing in this subparagraph shall prohibit the grantee from |
| 9098 | establishing or engaging in normal collaborative activities with |
| 9099 | other organizations. |
| 9100 | 4. Governing the ownership of or security interests in |
| 9101 | real property and personal property, including, but not limited |
| 9102 | to, research equipment, obtained through the financial support |
| 9103 | of state or local government, including a provision that in the |
| 9104 | event of a breach of the contract or in the event the grantee |
| 9105 | ceases operations in this state, such property purchased with |
| 9106 | state funds shall revert to the state and such property |
| 9107 | purchased with local funds shall revert to the local governing |
| 9108 | authority. |
| 9109 | 5. Requiring the grantee to be an equal opportunity |
| 9110 | employer. |
| 9111 | 6. Requiring the grantee to maintain a policy of awarding |
| 9112 | preference in employment to residents of this state, as defined |
| 9113 | by law, except for professional scientific staff positions |
| 9114 | requiring a doctoral degree, postdoctoral training positions, |
| 9115 | and graduate student positions. |
| 9116 | 7. Requiring the grantee to maintain a policy of making |
| 9117 | purchases from vendors in this state, to the extent it is cost- |
| 9118 | effective and scientifically sound. |
| 9119 | 8. Requiring the grantee to use the Internet-based job- |
| 9120 | listing system of the department Agency for Workforce Innovation |
| 9121 | in advertising employment opportunities. |
| 9122 | 9. Requiring the grantee to establish accredited science |
| 9123 | degree programs. |
| 9124 | 10. Requiring the grantee to establish internship programs |
| 9125 | to create learning opportunities for educators and secondary, |
| 9126 | postsecondary, graduate, and doctoral students. |
| 9127 | 11. Requiring the grantee to submit data to the |
| 9128 | corporation on the activities and performance during each fiscal |
| 9129 | year and to provide to the corporation an annual accounting of |
| 9130 | the expenditure of funds disbursed under this section. |
| 9131 | 12. Establishing that the corporation shall review the |
| 9132 | activities of the grantee to assess the grantee's financial and |
| 9133 | operational compliance with the provisions of the contract and |
| 9134 | with relevant provisions of law. |
| 9135 | 13. Authorizing the grantee, when feasible, to use |
| 9136 | information submitted by it to the Federal Government or to |
| 9137 | other organizations awarding research grants to the grantee to |
| 9138 | help meet reporting requirements imposed under this section or |
| 9139 | the contract, if the information satisfies the reporting |
| 9140 | standards of this section and the contract. |
| 9141 | 14. Requiring the grantee during the first 7 years of the |
| 9142 | contract to create 545 positions and to acquire associated |
| 9143 | research equipment for the grantee's facility in this state, and |
| 9144 | pay for related maintenance of the equipment, in a total amount |
| 9145 | of not less than $45 million. |
| 9146 | 15. Requiring the grantee to progress in the creation of |
| 9147 | the total number of jobs prescribed in subparagraph 14. on the |
| 9148 | following schedule: At least 38 positions in the 1st year, 168 |
| 9149 | positions in the 2nd year, 280 positions in the 3rd year, 367 |
| 9150 | positions in the 4th year, 436 positions in the 5th year, 500 |
| 9151 | positions in the 6th year, and 545 positions in the 7th year. |
| 9152 | The board may allow the grantee to deviate downward from such |
| 9153 | employee levels by 25 percent in any year, to allow the grantee |
| 9154 | flexibility in achieving the objectives set forth in the |
| 9155 | business plan provided to the corporation; however, the grantee |
| 9156 | must have no fewer than 545 positions by the end of the 7th |
| 9157 | year. |
| 9158 | 16. Requiring the grantee to allow the corporation to |
| 9159 | retain an independent certified public accountant licensed in |
| 9160 | this state pursuant to chapter 473 to inspect the records of the |
| 9161 | grantee in order to audit the expenditure of funds disbursed to |
| 9162 | the grantee. The independent certified public accountant may |
| 9163 | shall not disclose any confidential or proprietary scientific |
| 9164 | information of the grantee. |
| 9165 | 17. Requiring the grantee to purchase liability insurance |
| 9166 | and governing the coverage level of such insurance. |
| 9167 | (9) PERFORMANCE EXPECTATIONS.-In addition to the |
| 9168 | provisions prescribed in subsection (8), the contract between |
| 9169 | the corporation and the grantee shall include a provision that |
| 9170 | the grantee, in cooperation with the department Office of |
| 9171 | Tourism, Trade, and Economic Development, shall report to the |
| 9172 | corporation on performance expectations that reflect the |
| 9173 | aspirations of the Governor and the Legislature for the benefits |
| 9174 | accruing to this state as a result of the funds appropriated |
| 9175 | pursuant to this section. These shall include, but are not |
| 9176 | limited to, performance expectations addressing: |
| 9177 | (a) The number and dollar value of research grants |
| 9178 | obtained from the Federal Government or sources other than this |
| 9179 | state. |
| 9180 | (b) The percentage of total research dollars received by |
| 9181 | The Scripps Research Institute from sources other than this |
| 9182 | state which is used to conduct research activities by the |
| 9183 | grantee in this state. |
| 9184 | (c) The number or value of patents obtained by the |
| 9185 | grantee. |
| 9186 | (d) The number or value of licensing agreements executed |
| 9187 | by the grantee. |
| 9188 | (e) The extent to which research conducted by the grantee |
| 9189 | results in commercial applications. |
| 9190 | (f) The number of collaborative agreements reached and |
| 9191 | maintained with colleges and universities in this state and with |
| 9192 | research institutions in this state, including agreements that |
| 9193 | foster participation in research opportunities by public and |
| 9194 | private colleges and universities and research institutions in |
| 9195 | this state with significant minority populations, including |
| 9196 | historically black colleges and universities. |
| 9197 | (g) The number of collaborative partnerships established |
| 9198 | and maintained with businesses in this state. |
| 9199 | (h) The total amount of funding received by the grantee |
| 9200 | from sources other than the State of Florida. |
| 9201 | (i) The number or value of spin-off businesses created in |
| 9202 | this state as a result of commercialization of the research of |
| 9203 | the grantee. |
| 9204 | (j) The number or value of businesses recruited to this |
| 9205 | state by the grantee. |
| 9206 | (k) The establishment and implementation of policies to |
| 9207 | promote supplier diversity using the guidelines developed by the |
| 9208 | Office of Supplier Diversity under s. 287.09451 and to comply |
| 9209 | with the ordinances, including any small business ordinances, |
| 9210 | enacted by the county and which are applicable to the biomedical |
| 9211 | research institution and campus located in this state. |
| 9212 | (l) The designation by the grantee of a representative to |
| 9213 | coordinate with the Office of Supplier Diversity. |
| 9214 | (m) The establishment and implementation of a program to |
| 9215 | conduct workforce recruitment activities at public and private |
| 9216 | colleges and universities and community colleges in this state |
| 9217 | which request the participation of the grantee. |
| 9218 |
|
| 9219 | The contract shall require the grantee to provide information to |
| 9220 | the corporation on the progress in meeting these performance |
| 9221 | expectations on an annual basis. It is the intent of the |
| 9222 | Legislature that, in fulfilling its obligation to work with |
| 9223 | Florida's public and private colleges and universities, Scripps |
| 9224 | Florida work with such colleges and universities regardless of |
| 9225 | size. |
| 9226 | (10) DISBURSEMENT CONDITIONS.-In addition to the |
| 9227 | provisions prescribed in subsection (8), the contract between |
| 9228 | the corporation and the grantee shall include disbursement |
| 9229 | conditions that must be satisfied by the grantee as a condition |
| 9230 | for the continued disbursement of funds under this section. |
| 9231 | These disbursement conditions shall be negotiated between the |
| 9232 | corporation and the grantee and shall not be designed to impede |
| 9233 | the ability of the grantee to attain full operational status. |
| 9234 | The disbursement conditions may be appropriately varied as to |
| 9235 | timeframes, numbers, values, and percentages. The disbursement |
| 9236 | conditions shall include, but are not limited to, the following |
| 9237 | areas: |
| 9238 | (l) Beginning June 2004, the grantee shall commence |
| 9239 | collaboration efforts with the department Office of Tourism, |
| 9240 | Trade, and Economic Development by complying with reasonable |
| 9241 | requests for cooperation in economic development efforts in the |
| 9242 | biomed/biotech industry. No later than July 2004, the grantee |
| 9243 | shall designate a person who shall be charged with assisting in |
| 9244 | these collaborative efforts. |
| 9245 | (15) PROGRAM EVALUATION.- |
| 9246 | (a) Before January 1, 2007, the Office of Program Policy |
| 9247 | Analysis and Government Accountability shall conduct a |
| 9248 | performance audit of the Office of Tourism, Trade, and Economic |
| 9249 | Development and the corporation relating to the provisions of |
| 9250 | this section. The audit shall assess the implementation and |
| 9251 | outcomes of activities under this section. At a minimum, the |
| 9252 | audit shall address: |
| 9253 | 1. Performance of the Office of Tourism, Trade, and |
| 9254 | Economic Development in disbursing funds appropriated under this |
| 9255 | section. |
| 9256 | 2. Performance of the corporation in managing and |
| 9257 | enforcing the contract with the grantee. |
| 9258 | 3. Compliance by the corporation with the provisions of |
| 9259 | this section and the provisions of the contract. |
| 9260 | 4. Economic activity generated through funds disbursed |
| 9261 | under the contract. |
| 9262 | (b) Before January 1, 2010, the Office of Program Policy |
| 9263 | Analysis and Government Accountability shall update the report |
| 9264 | required under this subsection. In addition to addressing the |
| 9265 | items prescribed in paragraph (a), the updated report shall |
| 9266 | include a recommendation on whether the Legislature should |
| 9267 | retain the statutory authority for the corporation. |
| 9268 |
|
| 9269 | A report of each audit's findings and recommendations shall be |
| 9270 | submitted to the Governor, the President of the Senate, and the |
| 9271 | Speaker of the House of Representatives. In completing the |
| 9272 | performance audits required under this subsection, the Office of |
| 9273 | Program Policy Analysis and Government Accountability shall |
| 9274 | maximize the use of reports submitted by the grantee to the |
| 9275 | Federal Government or to other organizations awarding research |
| 9276 | grants to the grantee. |
| 9277 | Section 121. Subsection (2) of section 288.9604, Florida |
| 9278 | Statutes, is amended to read: |
| 9279 | 288.9604 Creation of the authority.- |
| 9280 | (2) The Governor, subject to confirmation by the Senate, |
| 9281 | shall appoint the board of directors of the corporation, who |
| 9282 | shall be five in number. The terms of office for the directors |
| 9283 | shall be for 4 years from the date of their appointment. A |
| 9284 | vacancy occurring during a term shall be filled for the |
| 9285 | unexpired term. A director shall be eligible for reappointment. |
| 9286 | At least three of the directors of the corporation shall be |
| 9287 | bankers who have been selected by the Governor from a list of |
| 9288 | bankers who were nominated by Enterprise Florida, Inc., and one |
| 9289 | of the directors shall be an economic development specialist. |
| 9290 | The chairperson of the Florida Black Business Investment Board |
| 9291 | shall be an ex officio member of the board of the corporation. |
| 9292 | Section 122. Paragraph (v) of subsection (2) of section |
| 9293 | 288.9605, Florida Statutes, is amended to read: |
| 9294 | 288.9605 Corporation powers.- |
| 9295 | (2) The corporation is authorized and empowered to: |
| 9296 | (v) Enter into investment agreements with Enterprise |
| 9297 | Florida, Inc., the Florida Black Business Investment Board |
| 9298 | concerning the issuance of bonds and other forms of indebtedness |
| 9299 | and capital for the purposes of ss. 288.707-288.714. |
| 9300 | Section 123. Subsection (1) of section 288.9606, Florida |
| 9301 | Statutes, is amended to read: |
| 9302 | 288.9606 Issue of revenue bonds.- |
| 9303 | (1) When authorized by a public agency pursuant to s. |
| 9304 | 163.01(7), the corporation has power in its corporate capacity, |
| 9305 | in its discretion, to issue revenue bonds or other evidences of |
| 9306 | indebtedness which a public agency has the power to issue, from |
| 9307 | time to time to finance the undertaking of any purpose of this |
| 9308 | act and ss. 288.707-288.714, including, without limiting the |
| 9309 | generality thereof, the payment of principal and interest upon |
| 9310 | any advances for surveys and plans or preliminary loans, and has |
| 9311 | the power to issue refunding bonds for the payment or retirement |
| 9312 | of bonds previously issued. Bonds issued pursuant to this |
| 9313 | section shall bear the name "Florida Development Finance |
| 9314 | Corporation Revenue Bonds." The security for such bonds may be |
| 9315 | based upon such revenues as are legally available. In |
| 9316 | anticipation of the sale of such revenue bonds, the corporation |
| 9317 | may issue bond anticipation notes and may renew such notes from |
| 9318 | time to time, but the maximum maturity of any such note, |
| 9319 | including renewals thereof, may not exceed 5 years from the date |
| 9320 | of issuance of the original note. Such notes shall be paid from |
| 9321 | any revenues of the corporation available therefor and not |
| 9322 | otherwise pledged or from the proceeds of sale of the revenue |
| 9323 | bonds in anticipation of which they were issued. Any bond, note, |
| 9324 | or other form of indebtedness issued pursuant to this act shall |
| 9325 | mature no later than the end of the 30th fiscal year after the |
| 9326 | fiscal year in which the bond, note, or other form of |
| 9327 | indebtedness was issued. |
| 9328 | Section 124. Subsection (1) of section 288.9624, Florida |
| 9329 | Statutes, are amended to read: |
| 9330 | 288.9624 Florida Opportunity Fund; creation; duties.- |
| 9331 | (1)(a) Enterprise Florida, Inc., shall facilitate the |
| 9332 | creation of the Florida Opportunity Fund, a private, not-for- |
| 9333 | profit corporation organized and operated under chapter 617. |
| 9334 | Enterprise Florida, Inc., shall be the fund's sole shareholder |
| 9335 | or member. The fund is not a public corporation or |
| 9336 | instrumentality of the state. The fund shall manage its business |
| 9337 | affairs and conduct business consistent with its organizational |
| 9338 | documents and the purposes set forth in this section. |
| 9339 | Notwithstanding the powers granted under chapter 617, the |
| 9340 | corporation may not amend, modify, or repeal a bylaw or article |
| 9341 | of incorporation without the express written consent of |
| 9342 | Enterprise Florida, Inc. |
| 9343 | (b) The vice chair of Enterprise Florida, Inc., shall |
| 9344 | select from among its sitting board of directors a five-person |
| 9345 | appointment committee. The appointment committee shall select |
| 9346 | five initial members of a board of directors for the fund. |
| 9347 | (b)(c) The persons elected to the initial board of |
| 9348 | directors by the appointment committee shall include persons who |
| 9349 | have expertise in the area of the selection and supervision of |
| 9350 | early stage investment managers or in the fiduciary management |
| 9351 | of investment funds and other areas of expertise as considered |
| 9352 | appropriate by the appointment committee. |
| 9353 | (c)(d) After election of the initial board of directors, |
| 9354 | vacancies on the board shall be filled by vote of the board of |
| 9355 | directors of Enterprise Florida, Inc., and board members shall |
| 9356 | serve terms as provided in the fund's organizational documents. |
| 9357 | Within 90 days before an anticipated vacancy by expiration of |
| 9358 | the term of a board member, the board of directors of the fund |
| 9359 | shall submit a list of three eligible nominees, which may |
| 9360 | include the incumbent, to the board of directors of Enterprise |
| 9361 | Florida, Inc. The board of directors of Enterprise Florida, |
| 9362 | Inc., may appoint a board member from the nominee list or |
| 9363 | request a new list of three nominees not included on the |
| 9364 | previous list from which to appoint. |
| 9365 | (d)(e) Members of the board are subject to any |
| 9366 | restrictions on conflicts of interest specified in the |
| 9367 | organizational documents and may not have an interest in any |
| 9368 | venture capital investment selected by the fund under ss. |
| 9369 | 288.9621-288.9624. |
| 9370 | (e)(f) Members of the board shall serve without |
| 9371 | compensation, but members, the president of the board, and other |
| 9372 | board employees may be reimbursed for all reasonable, necessary, |
| 9373 | and actual expenses as determined and approved by the board |
| 9374 | pursuant to s. 112.061. |
| 9375 | (f)(g) The fund shall have all powers granted under its |
| 9376 | organizational documents and shall indemnify members to the |
| 9377 | broadest extent permissible under the laws of this state. |
| 9378 | Section 125. Subsections (3), (8), and (9) of section |
| 9379 | 288.975, Florida Statutes, are amended to read: |
| 9380 | 288.975 Military base reuse plans.- |
| 9381 | (3) No later than 6 months after the designation of a |
| 9382 | military base for closure by the Federal Government, each host |
| 9383 | local government shall notify the Department of Economic |
| 9384 | Opportunity secretary of the Department of Community Affairs and |
| 9385 | the director of the Office of Tourism, Trade, and Economic |
| 9386 | Development in writing, by hand delivery or return receipt |
| 9387 | requested, as to whether it intends to use the optional |
| 9388 | provisions provided in this act. If a host local government does |
| 9389 | not opt to use the provisions of this act, land use planning and |
| 9390 | regulation pertaining to base reuse activities within those host |
| 9391 | local governments shall be subject to all applicable statutory |
| 9392 | requirements, including those contained within chapters 163 and |
| 9393 | 380. |
| 9394 | (8) At the request of a host local government, the |
| 9395 | department Office of Tourism, Trade, and Economic Development |
| 9396 | shall coordinate a presubmission workshop concerning a military |
| 9397 | base reuse plan within the boundaries of the host jurisdiction. |
| 9398 | Agencies that shall participate in the workshop shall include |
| 9399 | any affected local governments; the Department of Environmental |
| 9400 | Protection; the Department of Economic Opportunity Office of |
| 9401 | Tourism, Trade, and Economic Development; the Department of |
| 9402 | Community Affairs; the Department of Transportation; the |
| 9403 | Department of Health; the Department of Children and Family |
| 9404 | Services; the Department of Juvenile Justice; the Department of |
| 9405 | Agriculture and Consumer Services; the Department of State; the |
| 9406 | Fish and Wildlife Conservation Commission; and any applicable |
| 9407 | water management districts and regional planning councils. The |
| 9408 | purposes of the workshop shall be to assist the host local |
| 9409 | government to understand issues of concern to the above listed |
| 9410 | entities pertaining to the military base site and to identify |
| 9411 | opportunities for better coordination of planning and review |
| 9412 | efforts with the information and analyses generated by the |
| 9413 | federal environmental impact statement process and the federal |
| 9414 | community base reuse planning process. |
| 9415 | (9) If a host local government elects to use the optional |
| 9416 | provisions of this act, it shall, no later than 12 months after |
| 9417 | notifying the agencies of its intent pursuant to subsection (3) |
| 9418 | either: |
| 9419 | (a) Send a copy of the proposed military base reuse plan |
| 9420 | for review to any affected local governments; the Department of |
| 9421 | Environmental Protection; the Department of Economic Opportunity |
| 9422 | Office of Tourism, Trade, and Economic Development; the |
| 9423 | Department of Community Affairs; the Department of |
| 9424 | Transportation; the Department of Health; the Department of |
| 9425 | Children and Family Services; the Department of Juvenile |
| 9426 | Justice; the Department of Agriculture and Consumer Services; |
| 9427 | the Department of State; the Fish and Wildlife Conservation |
| 9428 | Commission; and any applicable water management districts and |
| 9429 | regional planning councils, or |
| 9430 | (b) Petition the Department of Economic Opportunity |
| 9431 | secretary of the Department of Community Affairs for an |
| 9432 | extension of the deadline for submitting a proposed reuse plan. |
| 9433 | Such an extension request must be justified by changes or delays |
| 9434 | in the closure process by the United States federal Department |
| 9435 | of Defense or for reasons otherwise deemed to promote the |
| 9436 | orderly and beneficial planning of the subject military base |
| 9437 | reuse. The Department of Economic Opportunity secretary of the |
| 9438 | Department of Community Affairs may grant extensions to the |
| 9439 | required submission date of the reuse plan. |
| 9440 | Section 126. Paragraph (b) of subsection (1), paragraphs |
| 9441 | (a) and (c) of subsection (2) and subsections (3), (4), (5), |
| 9442 | (6), (7), and (9) of section 288.980, Florida Statutes, are |
| 9443 | amended to read: |
| 9444 | 288.980 Military base retention; legislative intent; |
| 9445 | grants program.- |
| 9446 | (1) |
| 9447 | (b) The Florida Defense Alliance, an organization within |
| 9448 | Enterprise Florida, is designated as the organization to ensure |
| 9449 | that Florida, its resident military bases and missions, and its |
| 9450 | military host communities are in competitive positions as the |
| 9451 | United States continues its defense realignment and downsizing. |
| 9452 | The defense alliance shall serve as an overall advisory body for |
| 9453 | Enterprise Florida defense-related activity. The Florida Defense |
| 9454 | Alliance may receive funding from appropriations made for that |
| 9455 | purpose administered by the department Office of Tourism, Trade, |
| 9456 | and Economic Development. |
| 9457 | (2)(a) The Governor, through the department, may Office of |
| 9458 | Tourism, Trade, and Economic Development is authorized to award |
| 9459 | grants from any funds available to it to support activities |
| 9460 | related to the retention of military installations potentially |
| 9461 | affected by federal base closure or realignment. |
| 9462 | (c) Except for grants issued pursuant to the Florida |
| 9463 | Military Installation Reuse Planning and Marketing Grant Program |
| 9464 | as described in paragraph (3)(c), the amount of any grant |
| 9465 | provided to an applicant may not exceed $250,000. The department |
| 9466 | Office of Tourism, Trade, and Economic Development shall require |
| 9467 | that an applicant: |
| 9468 | 1. Represent a local government with a military |
| 9469 | installation or military installations that could be adversely |
| 9470 | affected by federal base realignment or closure. |
| 9471 | 2. Agree to match at least 30 percent of any grant |
| 9472 | awarded. |
| 9473 | 3. Prepare a coordinated program or plan of action |
| 9474 | delineating how the eligible project will be administered and |
| 9475 | accomplished. |
| 9476 | 4. Provide documentation describing the potential for |
| 9477 | realignment or closure of a military installation located in the |
| 9478 | applicant's community and the adverse impacts such realignment |
| 9479 | or closure will have on the applicant's community. |
| 9480 | (3) The Florida Economic Reinvestment Initiative is |
| 9481 | established to respond to the need for this state and defense- |
| 9482 | dependent communities in this state to develop alternative |
| 9483 | economic diversification strategies to lessen reliance on |
| 9484 | national defense dollars in the wake of base closures and |
| 9485 | reduced federal defense expenditures and the need to formulate |
| 9486 | specific base reuse plans and identify any specific |
| 9487 | infrastructure needed to facilitate reuse. The initiative shall |
| 9488 | consist of the following three distinct grant programs to be |
| 9489 | administered by the department Office of Tourism, Trade, and |
| 9490 | Economic Development: |
| 9491 | (a) The Florida Defense Planning Grant Program, through |
| 9492 | which funds shall be used to analyze the extent to which the |
| 9493 | state is dependent on defense dollars and defense infrastructure |
| 9494 | and prepare alternative economic development strategies. The |
| 9495 | state shall work in conjunction with defense-dependent |
| 9496 | communities in developing strategies and approaches that will |
| 9497 | help communities make the transition from a defense economy to a |
| 9498 | nondefense economy. Grant awards may not exceed $250,000 per |
| 9499 | applicant and shall be available on a competitive basis. |
| 9500 | (b) The Florida Defense Implementation Grant Program, |
| 9501 | through which funds shall be made available to defense-dependent |
| 9502 | communities to implement the diversification strategies |
| 9503 | developed pursuant to paragraph (a). Eligible applicants include |
| 9504 | defense-dependent counties and cities, and local economic |
| 9505 | development councils located within such communities. Grant |
| 9506 | awards may not exceed $100,000 per applicant and shall be |
| 9507 | available on a competitive basis. Awards shall be matched on a |
| 9508 | one-to-one basis. |
| 9509 |
|
| 9510 | Applications for grants under this subsection must include a |
| 9511 | coordinated program of work or plan of action delineating how |
| 9512 | the eligible project will be administered and accomplished, |
| 9513 | which must include a plan for ensuring close cooperation between |
| 9514 | civilian and military authorities in the conduct of the funded |
| 9515 | activities and a plan for public involvement. |
| 9516 | (4) The Defense Infrastructure Grant Program is created. |
| 9517 | The Governor, through the department, director of the Office of |
| 9518 | Tourism, Trade, and Economic Development shall coordinate and |
| 9519 | implement this program, the purpose of which is to support local |
| 9520 | infrastructure projects deemed to have a positive impact on the |
| 9521 | military value of installations within the state. Funds awarded |
| 9522 | by the Governor are to be used for projects that benefit both |
| 9523 | the local community and the military installation. It is not the |
| 9524 | intent, however, to fund on-base military construction projects. |
| 9525 | Infrastructure projects to be funded under this program include, |
| 9526 | but are not limited to, those related to encroachment, |
| 9527 | transportation and access, utilities, communications, housing, |
| 9528 | environment, and security. Grant requests will be accepted only |
| 9529 | from economic development applicants serving in the official |
| 9530 | capacity of a governing board of a county, municipality, special |
| 9531 | district, or state agency that will have the authority to |
| 9532 | maintain the project upon completion. An applicant must |
| 9533 | represent a community or county in which a military installation |
| 9534 | is located. There is no limit as to the amount of any grant |
| 9535 | awarded to an applicant. A match by the county or local |
| 9536 | community may be required. The department Office of Tourism, |
| 9537 | Trade, and Economic Development shall establish guidelines to |
| 9538 | implement the purpose of this subsection. |
| 9539 | (5)(a) The Defense-Related Business Adjustment Program is |
| 9540 | hereby created. The Governor, through the department, Director |
| 9541 | of the Office of Tourism, Trade, and Economic Development shall |
| 9542 | coordinate the development of the Defense-Related Business |
| 9543 | Adjustment Program. Funds shall be available to assist defense- |
| 9544 | related companies in the creation of increased commercial |
| 9545 | technology development through investments in technology. Such |
| 9546 | technology must have a direct impact on critical state needs for |
| 9547 | the purpose of generating investment-grade technologies and |
| 9548 | encouraging the partnership of the private sector and government |
| 9549 | defense-related business adjustment. The following areas shall |
| 9550 | receive precedence in consideration for funding commercial |
| 9551 | technology development: law enforcement or corrections, |
| 9552 | environmental protection, transportation, education, and health |
| 9553 | care. Travel and costs incidental thereto, and staff salaries, |
| 9554 | are not considered an "activity" for which grant funds may be |
| 9555 | awarded. |
| 9556 | (b) The department Office shall require that an applicant: |
| 9557 | 1. Be a defense-related business that could be adversely |
| 9558 | affected by federal base realignment or closure or reduced |
| 9559 | defense expenditures. |
| 9560 | 2. Agree to match at least 50 percent of any funds awarded |
| 9561 | by the United States Department of Defense in cash or in-kind |
| 9562 | services. Such match shall be directly related to activities for |
| 9563 | which the funds are being sought. |
| 9564 | 3. Prepare a coordinated program or plan delineating how |
| 9565 | the funds will be administered. |
| 9566 | 4. Provide documentation describing how defense-related |
| 9567 | realignment or closure will adversely impact defense-related |
| 9568 | companies. |
| 9569 | (6) The Retention of Military Installations Program is |
| 9570 | created, which shall be coordinated and implemented by the |
| 9571 | department. The Director of the Office of Tourism, Trade, and |
| 9572 | Economic Development shall coordinate and implement this |
| 9573 | program. The sum of $1.2 million is appropriated from the |
| 9574 | General Revenue Fund for fiscal year 1999-2000 to the Office of |
| 9575 | Tourism, Trade, and Economic Development to implement this |
| 9576 | program for military installations located in counties with a |
| 9577 | population greater than 824,000. The funds shall be used to |
| 9578 | assist military installations potentially affected by federal |
| 9579 | base closure or realignment in covering current operating costs |
| 9580 | in an effort to retain the installation in this state. An |
| 9581 | eligible military installation for this program shall include a |
| 9582 | provider of simulation solutions for war-fighting |
| 9583 | experimentation, testing, and training which employs at least |
| 9584 | 500 civilian and military employees and has been operating in |
| 9585 | the state for a period of more than 10 years. |
| 9586 | (7) The Governor, through the department, director may |
| 9587 | award nonfederal matching funds specifically appropriated for |
| 9588 | construction, maintenance, and analysis of a Florida defense |
| 9589 | workforce database. Such funds will be used to create a registry |
| 9590 | of worker skills that can be used to match the worker needs of |
| 9591 | companies that are relocating to this state or to assist workers |
| 9592 | in relocating to other areas within this state where similar or |
| 9593 | related employment is available. |
| 9594 | (9) The department Office of Tourism, Trade, and Economic |
| 9595 | Development shall establish guidelines to implement and carry |
| 9596 | out the purpose and intent of this section. |
| 9597 | Section 127. Paragraphs (a), (e), and (f) of subsection |
| 9598 | (2) of section 288.984, Florida Statutes, are amended to read: |
| 9599 | 288.984 Florida Council on Military Base and Mission |
| 9600 | Support.-The Florida Council on Military Base and Mission |
| 9601 | Support is established. The council shall provide oversight and |
| 9602 | direction for initiatives, claims, and actions taken on behalf |
| 9603 | of the state, its agencies, and political subdivisions under |
| 9604 | this part. |
| 9605 | (2) MEMBERSHIP.- |
| 9606 | (a) The council shall be composed of nine members. The |
| 9607 | President of the Senate, the Speaker of the House of |
| 9608 | Representatives, and the Governor shall each appoint three |
| 9609 | members as follows: |
| 9610 | 1. The President of the Senate shall appoint one member of |
| 9611 | the Senate, one community representative from a community-based |
| 9612 | defense support organization, and one member who is a retired |
| 9613 | military general or flag-rank officer residing in this state or |
| 9614 | an executive officer of a defense contracting firm doing |
| 9615 | significant business in this state. |
| 9616 | 2. The Speaker of the House of Representatives shall |
| 9617 | appoint one member of the House of Representatives, one |
| 9618 | community representative from a community-based defense support |
| 9619 | organization, and one member who is a retired military general |
| 9620 | or flag-rank officer residing in this state or an executive |
| 9621 | officer of a defense contracting firm doing significant business |
| 9622 | in this state. |
| 9623 | 3. The Governor shall appoint the Commissioner of Economic |
| 9624 | Opportunity or the commissioner's designee, a board member of |
| 9625 | Enterprise Florida, Inc., director or designee of the Office of |
| 9626 | Tourism, Trade, and Economic Development, the vice chairperson |
| 9627 | or designee of Enterprise Florida, Inc., and one at-large |
| 9628 | member. |
| 9629 | (e) The Department of Economic Opportunity Office of |
| 9630 | Tourism, Trade, and Economic Development shall provide |
| 9631 | administrative support to the council. |
| 9632 | (f) The Secretary of Community Affairs or his or her |
| 9633 | designee, the Secretary of Environmental Protection or his or |
| 9634 | her designee, the Secretary of Transportation or his or her |
| 9635 | designee, the Adjutant General of the state or his or her |
| 9636 | designee, and the executive director of the Department of |
| 9637 | Veterans' Affairs or his or her designee shall attend meetings |
| 9638 | held by the council and provide assistance, information, and |
| 9639 | support as requested by the council. |
| 9640 | Section 128. Paragraphs (f) and (j) of subsection (3) of |
| 9641 | section 288.99, Florida Statutes, are amended to read: |
| 9642 | 288.99 Certified Capital Company Act.- |
| 9643 | (3) DEFINITIONS.-As used in this section, the term: |
| 9644 | (f) "Early stage technology business" means a qualified |
| 9645 | business that is: |
| 9646 | 1. Involved, at the time of the certified capital |
| 9647 | company's initial investment in such business, in activities |
| 9648 | related to developing initial product or service offerings, such |
| 9649 | as prototype development or the establishment of initial |
| 9650 | production or service processes; or |
| 9651 | 2. Less than 2 years old and has, together with its |
| 9652 | affiliates, less than $3 million in annual revenues for the |
| 9653 | fiscal year immediately preceding the initial investment by the |
| 9654 | certified capital company on a consolidated basis, as determined |
| 9655 | in accordance with generally accepted accounting principles; |
| 9656 | 3. The Florida Black Business Investment Board; |
| 9657 | 4. Any entity that is majority owned by the Florida Black |
| 9658 | Business Investment Board; or |
| 9659 | 5. Any entity in which the Florida Black Business |
| 9660 | Investment Board holds a majority voting interest on the board |
| 9661 | of directors. |
| 9662 | (j) "Qualified business" means the Digital Divide Trust |
| 9663 | Fund established under the State of Florida Technology Office or |
| 9664 | a business that meets the following conditions as evidenced by |
| 9665 | documentation required by commission rule: |
| 9666 | 1. The business is headquartered in this state and its |
| 9667 | principal business operations are located in this state or at |
| 9668 | least 75 percent of the employees are employed in the state. |
| 9669 | 2. At the time a certified capital company makes an |
| 9670 | initial investment in a business, the business would qualify for |
| 9671 | investment under 13 C.F.R. s. 121.301(c), which is involved in |
| 9672 | manufacturing, processing or assembling products, conducting |
| 9673 | research and development, or providing services. |
| 9674 | 3. At the time a certified capital company makes an |
| 9675 | initial investment in a business, the business certifies in an |
| 9676 | affidavit that: |
| 9677 | a. The business is unable to obtain conventional |
| 9678 | financing, which means that the business has failed in an |
| 9679 | attempt to obtain funding for a loan from a bank or other |
| 9680 | commercial lender or that the business cannot reasonably be |
| 9681 | expected to qualify for such financing under the standards of |
| 9682 | commercial lending; |
| 9683 | b. The business plan for the business projects that the |
| 9684 | business is reasonably expected to achieve in excess of $25 |
| 9685 | million in sales revenue within 5 years after the initial |
| 9686 | investment, or the business is located in a designated Front |
| 9687 | Porch community, enterprise zone, urban high crime area, rural |
| 9688 | job tax credit county, or nationally recognized historic |
| 9689 | district; |
| 9690 | c. The business will maintain its headquarters in this |
| 9691 | state for the next 10 years and any new manufacturing facility |
| 9692 | financed by a qualified investment will remain in this state for |
| 9693 | the next 10 years, or the business is located in a designated |
| 9694 | Front Porch community, enterprise zone, urban high crime area, |
| 9695 | rural job tax credit county, or nationally recognized historic |
| 9696 | district; and |
| 9697 | d. The business has fewer than 200 employees and at least |
| 9698 | 75 percent of the employees are employed in this state. For |
| 9699 | purposes of this subsection, the term also includes the Florida |
| 9700 | Black Business Investment Board, any entity majority owned by |
| 9701 | the Florida Black Business Investment Board, or any entity in |
| 9702 | which the Florida Black Business Investment Board holds a |
| 9703 | majority voting interest on the board of directors. |
| 9704 | 4. The term does not include: |
| 9705 | a. Any business predominantly engaged in retail sales, |
| 9706 | real estate development, insurance, banking, lending, or oil and |
| 9707 | gas exploration. |
| 9708 | b. Any business predominantly engaged in professional |
| 9709 | services provided by accountants, lawyers, or physicians. |
| 9710 | c. Any company that has no historical revenues and either |
| 9711 | has no specific business plan or purpose or has indicated that |
| 9712 | its business plan is solely to engage in a merger or acquisition |
| 9713 | with any unidentified company or other entity. |
| 9714 | d. Any company that has a strategic plan to grow through |
| 9715 | the acquisition of firms with substantially similar business |
| 9716 | which would result in the planned net loss of Florida-based jobs |
| 9717 | over a 12-month period after the acquisition as determined by |
| 9718 | the office. |
| 9719 | Section 129. Present subsections (2) and (5) and paragraph |
| 9720 | (b) of subsection (9) of section 288.9913, Florida Statutes, are |
| 9721 | amended, subsections (3) and (4) and present subsections (6) |
| 9722 | through (10) are renumbered as subsections (2) and (3) and |
| 9723 | subsections (4) through (8), respectively, to read: |
| 9724 | 288.9913 Definitions.-As used in ss. 288.991-288.9922, the |
| 9725 | term: |
| 9726 | (2) "Department" means the Department of Revenue. |
| 9727 | (5) "Office" means the Office of Tourism, Trade, and |
| 9728 | Economic Development. |
| 9729 | (7)(9) "Qualified investment" means an equity investment |
| 9730 | in, or a long-term debt security issued by, a qualified |
| 9731 | community development entity that: |
| 9732 | (b) Is designated by the qualified community development |
| 9733 | entity as a qualified investment under this paragraph and is |
| 9734 | approved by the department office as a qualified investment. |
| 9735 | Section 130. Subsections (1), (2), and (3), and paragraphs |
| 9736 | (a) and (b) of subsection (4), and subsection (6) of section |
| 9737 | 288.9914, Florida Statutes, are amended to read: |
| 9738 | 288.9914 Certification of qualified investments; |
| 9739 | investment issuance reporting.- |
| 9740 | (1) ELIGIBLE INDUSTRIES.- |
| 9741 | (a) The department office, in consultation with Enterprise |
| 9742 | Florida, Inc., shall designate industries using the North |
| 9743 | American Industry Classification System which are eligible to |
| 9744 | receive low-income community investments. The designated |
| 9745 | industries must be those industries that have the greatest |
| 9746 | potential to create strong positive impacts on or benefits to |
| 9747 | the state, regional, and local economies. |
| 9748 | (b) A qualified community development entity may not make |
| 9749 | a qualified low-income community investment in a business unless |
| 9750 | the principal activities of the business are within an eligible |
| 9751 | industry. The Governor Office may waive this limitation if the |
| 9752 | department office determines that the investment will have a |
| 9753 | positive impact on a community. |
| 9754 | (2) APPLICATION.-A qualified community development entity |
| 9755 | must submit an application to the Governor, through the |
| 9756 | department, Office to approve a proposed investment as a |
| 9757 | qualified investment. The application must include: |
| 9758 | (a) The name, address, and tax identification number of |
| 9759 | the qualified community development entity. |
| 9760 | (b) Proof of certification as a qualified community |
| 9761 | development entity under 26 U.S.C. s. 45D. |
| 9762 | (c) A copy of an allocation agreement executed by the |
| 9763 | entity, or its controlling entity, and the Community Development |
| 9764 | Financial Institutions Fund, which authorizes the entity to |
| 9765 | serve businesses in this state. |
| 9766 | (d) A verified statement by the chief executive officer of |
| 9767 | the entity that the allocation agreement remains in effect. |
| 9768 | (e) A description of the proposed amount, structure, and |
| 9769 | purchaser of an equity investment or long-term debt security. |
| 9770 | (f) The name and tax identification number of any person |
| 9771 | authorized to claim a tax credit earned as a result of the |
| 9772 | purchase of the proposed qualified investment. |
| 9773 | (g) A detailed explanation of the proposed use of the |
| 9774 | proceeds from a proposed qualified investment. |
| 9775 | (h) A nonrefundable application fee of $1,000, payable to |
| 9776 | the department office. |
| 9777 | (i) A statement that the entity will invest only in the |
| 9778 | industries designated by the department office. |
| 9779 | (j) The entity's plans for the development of |
| 9780 | relationships with community-based organizations, local |
| 9781 | community development offices and organizations, and economic |
| 9782 | development organizations. The entity must also explain steps it |
| 9783 | has taken to implement its plans to develop these relationships. |
| 9784 | (k) A statement that the entity will not invest in a |
| 9785 | qualified active low-income community business unless the |
| 9786 | business will create or retain jobs that pay an average wage of |
| 9787 | at least 115 percent of the federal poverty income guidelines |
| 9788 | for a family of four. |
| 9789 | (3) REVIEW.- |
| 9790 | (a) The department office shall review applications to |
| 9791 | approve an investment as a qualified investment in the order |
| 9792 | received. The Governor, through the department, office shall |
| 9793 | approve or deny an application within 30 days after receipt. |
| 9794 | (b) If the Governor office intends to deny the |
| 9795 | application, the department office shall inform the applicant of |
| 9796 | the basis of the proposed denial. The applicant shall have 15 |
| 9797 | days after it receives the notice of the intent to deny the |
| 9798 | application to submit a revised application to the department |
| 9799 | office. The Governor, through the department, office shall issue |
| 9800 | a final order approving or denying the revised application |
| 9801 | within 30 days after receipt. |
| 9802 | (c) The Governor office may not approve a cumulative |
| 9803 | amount of qualified investments that may result in the claim of |
| 9804 | more than $97.5 million in tax credits during the existence of |
| 9805 | the program or more than $20 million in tax credits in a single |
| 9806 | state fiscal year. However, the potential for a taxpayer to |
| 9807 | carry forward an unused tax credit may not be considered in |
| 9808 | calculating the annual limit. |
| 9809 | (4) APPROVAL.- |
| 9810 | (a) The Governor, through the department, office shall |
| 9811 | provide a copy of the final order approving an investment as a |
| 9812 | qualified investment to the qualified community development |
| 9813 | entity and to the Department of Revenue. The notice shall |
| 9814 | include the identity of the taxpayers who are eligible to claim |
| 9815 | the tax credits and the amount that may be claimed by each |
| 9816 | taxpayer. |
| 9817 | (b) The Governor, through the Department of Economic |
| 9818 | Opportunity, office shall approve an application for part of the |
| 9819 | amount of the proposed investment if the amount of tax credits |
| 9820 | available is insufficient. |
| 9821 | (6) REPORT OF ISSUANCE OF A QUALIFIED INVESTMENT.-The |
| 9822 | qualified community development entity must provide the |
| 9823 | department office with evidence of the receipt of the cash in |
| 9824 | exchange for the qualified investment within 30 business days |
| 9825 | after receipt. |
| 9826 | Section 131. Subsection (2) of section 288.9916, Florida |
| 9827 | Statutes, is amended to read: |
| 9828 | 288.9916 New markets tax credit.- |
| 9829 | (2) A tax credit earned under this section may not be sold |
| 9830 | or transferred, except as provided in this subsection. |
| 9831 | (a) A partner, member, or shareholder of a partnership, |
| 9832 | limited liability company, S-corporation, or other "pass- |
| 9833 | through" entity may claim the tax credit pursuant to an |
| 9834 | agreement among the partners, members, or shareholders. Any |
| 9835 | change in the allocation of a tax credit under the agreement |
| 9836 | must be reported to the Department of Economic Opportunity |
| 9837 | office and to the Department of Revenue. |
| 9838 | (b) Eligibility to claim a tax credit transfers to |
| 9839 | subsequent purchasers of a qualified investment. Such transfers |
| 9840 | must be reported to the Department of Economic Opportunity |
| 9841 | office and to the Department of Revenue along with the identity, |
| 9842 | tax identification number, and tax credit amount allocated to a |
| 9843 | taxpayer pursuant to paragraph (a). The notice of transfer also |
| 9844 | must state whether unused tax credits are being transferred and |
| 9845 | the amount of unused tax credits being transferred. |
| 9846 | Section 132. Section 288.9917, Florida Statutes, is |
| 9847 | amended to read: |
| 9848 | 288.9917 Community development entity reporting after a |
| 9849 | credit allowance date; certification of tax credit amount.- |
| 9850 | (1) A qualified community development entity that has |
| 9851 | issued a qualified investment shall submit the following to the |
| 9852 | department office within 30 days after each credit allowance |
| 9853 | date: |
| 9854 | (a) A list of all qualified active low-income community |
| 9855 | businesses in which a qualified low-income community investment |
| 9856 | was made since the last credit allowance date. The list shall |
| 9857 | also describe the type and amount of investment in each business |
| 9858 | and the address of the principal location of each business. The |
| 9859 | list must be verified by the chief executive officer of the |
| 9860 | community development entity. |
| 9861 | (b) Bank records, wire transfer records, or similar |
| 9862 | documents that provide evidence of the qualified low-income |
| 9863 | community investments made since the last credit allowance date. |
| 9864 | (c) A verified statement by the chief financial or |
| 9865 | accounting officer of the community development entity that no |
| 9866 | redemption or principal repayment was made with respect to the |
| 9867 | qualified investment since the previous credit allowance date. |
| 9868 | (d) Information relating to the recapture of the federal |
| 9869 | new markets tax credit since the last credit allowance date. |
| 9870 | (2) The Governor, through the Department of Economic |
| 9871 | Opportunity, office shall certify in writing to the qualified |
| 9872 | community development entity and to the Department of Revenue |
| 9873 | the amount of the tax credit authorized for each taxpayer |
| 9874 | eligible to claim the tax credit in the tax year containing the |
| 9875 | last credit allowance date. |
| 9876 | Section 133. Section 288.9918, Florida Statutes, is |
| 9877 | amended to read: |
| 9878 | 288.9918 Annual reporting by a community development |
| 9879 | entity.-A community development entity that has issued a |
| 9880 | qualified investment shall submit an annual report to the |
| 9881 | department office by April 30 after the end of each year which |
| 9882 | includes a credit allowance date. The report shall include: |
| 9883 | (1) The entity's annual financial statements for the |
| 9884 | preceding tax year, audited by an independent certified public |
| 9885 | accountant. |
| 9886 | (2) The identity of the types of industries, identified by |
| 9887 | the North American Industry Classification System Code, in which |
| 9888 | qualified low-income community investments were made. |
| 9889 | (3) The names of the counties in which the qualified |
| 9890 | active low-income businesses are located which received |
| 9891 | qualified low-income community investments. |
| 9892 | (4) The number of jobs created and retained by qualified |
| 9893 | active low-income community businesses receiving qualified low- |
| 9894 | income community investments, including verification that the |
| 9895 | average wages paid meet or exceed 115 percent of the federal |
| 9896 | poverty income guidelines for a family of four. |
| 9897 | (5) A description of the relationships that the entity has |
| 9898 | established with community-based organizations and local |
| 9899 | community development offices and organizations and a summary of |
| 9900 | the outcomes resulting from those relationships. |
| 9901 | (6) Other information and documentation required by the |
| 9902 | department office to verify continued certification as a |
| 9903 | qualified community development entity under 26 U.S.C. s. 45D. |
| 9904 | Section 134. Section 288.9919, Florida Statutes, is |
| 9905 | amended to read: |
| 9906 | 288.9919 Audits and examinations; penalties.- |
| 9907 | (1) AUDITS.-A community development entity that issues an |
| 9908 | investment approved by the department office as a qualified |
| 9909 | investment shall be deemed a recipient of state financial |
| 9910 | assistance under s. 215.97, the Florida Single Audit Act. |
| 9911 | However, an entity that makes a qualified investment or receives |
| 9912 | a qualified low-income community investment is not a |
| 9913 | subrecipient for the purposes of s. 215.97. |
| 9914 | (2) EXAMINATIONS.-The department office may conduct |
| 9915 | examinations to verify compliance with the New Markets |
| 9916 | Development Program Act. |
| 9917 | Section 135. Section 288.9920, Florida Statutes, is |
| 9918 | amended to read: |
| 9919 | 288.9920 Recapture and penalties.- |
| 9920 | (1) Notwithstanding s. 95.091, the Governor, through the |
| 9921 | Department of Economic Opportunity, office shall direct the |
| 9922 | Department of Revenue, at any time before December 31, 2022, to |
| 9923 | recapture all or a portion of a tax credit authorized pursuant |
| 9924 | to the New Markets Development Program Act if one or more of the |
| 9925 | following occur: |
| 9926 | (a) The Federal Government recaptures any portion of the |
| 9927 | federal new markets tax credit. The recapture by the Department |
| 9928 | of Revenue shall equal the recapture by the Federal Government. |
| 9929 | (b) The qualified community development entity redeems or |
| 9930 | makes a principal repayment on a qualified investment before the |
| 9931 | final allowance date. The recapture by the Department of Revenue |
| 9932 | shall equal the redemption or principal repayment divided by the |
| 9933 | purchase price and multiplied by the tax credit authorized to a |
| 9934 | taxpayer for the qualified investment. |
| 9935 | (c)1. The qualified community development entity fails to |
| 9936 | invest at least 85 percent of the purchase price in qualified |
| 9937 | low-income community investments within 12 months after the |
| 9938 | issuance of a qualified investment; or |
| 9939 | 2. The qualified community development entity fails to |
| 9940 | maintain 85 percent of the purchase price in qualified low- |
| 9941 | income community investments until the last credit allowance |
| 9942 | date for a qualified investment. |
| 9943 |
|
| 9944 | For the purposes of this paragraph, an investment by a qualified |
| 9945 | community development entity includes principal recovered from |
| 9946 | an investment for 12 months after its recovery or principal |
| 9947 | recovered after the sixth credit allowance date. Principal held |
| 9948 | for longer than 12 months or recovered before the sixth credit |
| 9949 | allowance date is not an investment unless it is reinvested in a |
| 9950 | qualified low-income community investment. |
| 9951 | (d) The qualified community development entity fails to |
| 9952 | provide the Department of Economic Opportunity office with |
| 9953 | information, reports, or documentation required by the New |
| 9954 | Markets Development Program Act. |
| 9955 | (e) The Department of Economic Opportunity office |
| 9956 | determines that a taxpayer received tax credits to which the |
| 9957 | taxpayer was not entitled. |
| 9958 | (2) The Governor, through the Department of Economic |
| 9959 | Opportunity, office shall provide notice to the qualified |
| 9960 | community development entity and the Department of Revenue of a |
| 9961 | proposed recapture of a tax credit. The entity shall have 6 |
| 9962 | months after following the receipt of the notice to cure a |
| 9963 | deficiency identified in the notice and avoid recapture. The |
| 9964 | Governor, through the Department of Economic Opportunity, office |
| 9965 | shall issue a final order of recapture if the entity fails to |
| 9966 | cure a deficiency within the 6-month period. The final order of |
| 9967 | recapture shall be provided to the entity, the Department of |
| 9968 | Revenue, and a taxpayer otherwise authorized to claim the tax |
| 9969 | credit. Only one correction is permitted for each qualified |
| 9970 | equity investment during the 7-year credit period. Recaptured |
| 9971 | funds shall be deposited into the General Revenue Fund. |
| 9972 | (3) An entity that submits fraudulent information to the |
| 9973 | Department of Economic Opportunity office is liable for the |
| 9974 | costs associated with the investigation and prosecution of the |
| 9975 | fraudulent claim plus a penalty in an amount equal to double the |
| 9976 | tax credits claimed by investors in the entity's qualified |
| 9977 | investments. This penalty is in addition to any other penalty |
| 9978 | that may be imposed by law. |
| 9979 | Section 136. Section 288.9921, Florida Statutes, is |
| 9980 | amended to read: |
| 9981 | 288.9921 Rulemaking.-The Department of Economic |
| 9982 | Opportunity Office and the Department of Revenue may adopt rules |
| 9983 | pursuant to ss. 120.536(1) and 120.54 to administer ss. 288.991- |
| 9984 | 288.9920. |
| 9985 | Section 137. Section 290.004, Florida Statutes, is amended |
| 9986 | to read: |
| 9987 | 290.004 Definitions relating to Florida Enterprise Zone |
| 9988 | Act.-As used in ss. 290.001-290.016: |
| 9989 | (1) "Community investment corporation" means a black |
| 9990 | business investment corporation, a certified development |
| 9991 | corporation, a small business investment corporation, or other |
| 9992 | similar entity incorporated under Florida law that has limited |
| 9993 | its investment policy to making investments solely in minority |
| 9994 | business enterprises. |
| 9995 | (2) "Department" means the Department of Economic |
| 9996 | Opportunity. |
| 9997 | (2) "Director" means the director of the Office of |
| 9998 | Tourism, Trade, and Economic Development. |
| 9999 | (3)(3) "Governing body" means the council or other |
| 10000 | legislative body charged with governing the county or |
| 10001 | municipality. |
| 10002 | (4)(4) "Minority business enterprise" has the same meaning |
| 10003 | as provided in s. 288.703. |
| 10004 | (5) "Office" means the Office of Tourism, Trade, and |
| 10005 | Economic Development. |
| 10006 | (5)(6) "Rural enterprise zone" means an enterprise zone |
| 10007 | that is nominated by a county having a population of 75,000 or |
| 10008 | fewer, or a county having a population of 100,000 or fewer which |
| 10009 | is contiguous to a county having a population of 75,000 or |
| 10010 | fewer, or by a municipality in such a county, or by such a |
| 10011 | county and one or more municipalities. An enterprise zone |
| 10012 | designated in accordance with s. 290.0065(5)(b) or s. 379.2353 |
| 10013 | is considered to be a rural enterprise zone. |
| 10014 | (6)(7) "Small business" has the same meaning as provided |
| 10015 | in s. 288.703. |
| 10016 | Section 138. Subsection (1) and paragraphs (a) and (b) of |
| 10017 | subsection (6) of section 290.0055, Florida Statutes, are |
| 10018 | amended to read: |
| 10019 | 290.0055 Local nominating procedure.- |
| 10020 | (1) If, pursuant to s. 290.0065, an opportunity exists for |
| 10021 | designation of a new enterprise zone, any county or |
| 10022 | municipality, or a county and one or more municipalities |
| 10023 | together, may apply to the department office for the designation |
| 10024 | of an area as an enterprise zone after completion of the |
| 10025 | following: |
| 10026 | (a) The adoption by the governing body or bodies of a |
| 10027 | resolution which: |
| 10028 | 1. Finds that an area exists in such county or |
| 10029 | municipality, or in both the county and one or more |
| 10030 | municipalities, which chronically exhibits extreme and |
| 10031 | unacceptable levels of poverty, unemployment, physical |
| 10032 | deterioration, and economic disinvestment; |
| 10033 | 2. Determines that the rehabilitation, conservation, or |
| 10034 | redevelopment, or a combination thereof, of such area is |
| 10035 | necessary in the interest of the public health, safety, and |
| 10036 | welfare of the residents of such county or municipality, or such |
| 10037 | county and one or more municipalities; and |
| 10038 | 3. Determines that the revitalization of such area can |
| 10039 | occur only if the private sector can be induced to invest its |
| 10040 | own resources in productive enterprises that build or rebuild |
| 10041 | the economic viability of the area. |
| 10042 | (b) The creation of an enterprise zone development agency |
| 10043 | pursuant to s. 290.0056. |
| 10044 | (c) The creation and adoption of a strategic plan pursuant |
| 10045 | to s. 290.0057. |
| 10046 | (6)(a) The department office may approve a change in the |
| 10047 | boundary of any enterprise zone which was designated pursuant to |
| 10048 | s. 290.0065. A boundary change must continue to satisfy the |
| 10049 | requirements of subsections (3), (4), and (5). |
| 10050 | (b) Upon a recommendation by the enterprise zone |
| 10051 | development agency, the governing body of the jurisdiction which |
| 10052 | authorized the application for an enterprise zone may apply to |
| 10053 | the department Office for a change in boundary once every 3 |
| 10054 | years by adopting a resolution that: |
| 10055 | 1. States with particularity the reasons for the change; |
| 10056 | and |
| 10057 | 2. Describes specifically and, to the extent required by |
| 10058 | the department office, the boundary change to be made. |
| 10059 | Section 139. Paragraph (h) of subsection (8) and |
| 10060 | subsections (11) and (12) of section 290.0056, Florida Statutes, |
| 10061 | are amended to read: |
| 10062 | 290.0056 Enterprise zone development agency.- |
| 10063 | (8) The enterprise zone development agency shall have the |
| 10064 | following powers and responsibilities: |
| 10065 | (h) To work with the department and Enterprise Florida, |
| 10066 | Inc., and the office to ensure that the enterprise zone |
| 10067 | coordinator receives training on an annual basis. |
| 10068 | (11) Before Prior to December 1 of each year, the agency |
| 10069 | shall submit to the department Office of Tourism, Trade, and |
| 10070 | Economic Development a complete and detailed written report |
| 10071 | setting forth: |
| 10072 | (a) Its operations and accomplishments during the fiscal |
| 10073 | year. |
| 10074 | (b) The accomplishments and progress concerning the |
| 10075 | implementation of the strategic plan or measurable goals, and |
| 10076 | any updates to the strategic plan or measurable goals. |
| 10077 | (c) The number and type of businesses assisted by the |
| 10078 | agency during the fiscal year. |
| 10079 | (d) The number of jobs created within the enterprise zone |
| 10080 | during the fiscal year. |
| 10081 | (e) The usage and revenue impact of state and local |
| 10082 | incentives granted during the calendar year. |
| 10083 | (f) Any other information required by the department |
| 10084 | office. |
| 10085 | (12) If In the event that the nominated area selected by |
| 10086 | the governing body is not designated a state enterprise zone, |
| 10087 | the governing body may dissolve the agency after receiving |
| 10088 | notification from the department office that the area was not |
| 10089 | designated as an enterprise zone. |
| 10090 | Section 140. Subsections (1) and (5) of section 290.0058, |
| 10091 | Florida Statutes, are amended to read: |
| 10092 | 290.0058 Determination of pervasive poverty, unemployment, |
| 10093 | and general distress.- |
| 10094 | (1) In determining whether an area suffers from pervasive |
| 10095 | poverty, unemployment, and general distress, for purposes of ss. |
| 10096 | 290.0055 and 290.0065, the governing body and the department |
| 10097 | office shall use data from the most current decennial census, |
| 10098 | and from information published by the Bureau of the Census and |
| 10099 | the Bureau of Labor Statistics. The data shall be comparable in |
| 10100 | point or period of time and methodology employed. |
| 10101 | (5) In making the calculations required by this section, |
| 10102 | the local government and the department office shall round all |
| 10103 | fractional percentages of one-half percent or more up to the |
| 10104 | next highest whole percentage figure. |
| 10105 | Section 141. Section 290.0065, Florida Statutes, is |
| 10106 | amended to read: |
| 10107 | 290.0065 State designation of enterprise zones.- |
| 10108 | (1) The maximum number of enterprise zones authorized |
| 10109 | under this section is the number of enterprise zones having an |
| 10110 | effective date on or before January 1, 2005, subject to any |
| 10111 | increase due to any new enterprise zones authorized by the |
| 10112 | Legislature during the 2005 Regular Session of the Legislature. |
| 10113 | (2) If, pursuant to subsection (4), the department office |
| 10114 | does not redesignate an enterprise zone, a governing body of a |
| 10115 | county or municipality or the governing bodies of a county and |
| 10116 | one or more municipalities jointly, pursuant to s. 290.0055, may |
| 10117 | apply for designation of an enterprise zone to take the place of |
| 10118 | the enterprise zone not redesignated and request designation of |
| 10119 | an enterprise zone. The department Office, in consultation with |
| 10120 | Enterprise Florida, Inc., shall determine which areas nominated |
| 10121 | by such governing bodies meet the criteria outlined in s. |
| 10122 | 290.0055 and are the most appropriate for designation as state |
| 10123 | enterprise zones. Each application made pursuant to s. 290.0055 |
| 10124 | shall be ranked competitively based on the pervasive poverty, |
| 10125 | unemployment, and general distress of the area; the strategic |
| 10126 | plan, including local fiscal and regulatory incentives, prepared |
| 10127 | pursuant to s. 290.0057; and the prospects for new investment |
| 10128 | and economic development in the area. Pervasive poverty, |
| 10129 | unemployment, and general distress shall be weighted 35 percent; |
| 10130 | strategic plan and local fiscal and regulatory incentives shall |
| 10131 | be weighted 40 percent; and prospects for new investment and |
| 10132 | economic development in the area shall be weighted 25 percent. |
| 10133 | (3) Any area authorized to be an enterprise zone by both a |
| 10134 | county and a municipality shall be placed in the appropriate |
| 10135 | category established under s. 290.0055(4)(b) in which an |
| 10136 | application by the municipality would have been considered if |
| 10137 | the municipality had acted alone, if at least 60 percent of the |
| 10138 | population of the area authorized to be an enterprise zone |
| 10139 | resides within the municipality. An area authorized to be an |
| 10140 | enterprise zone by a county and one or more municipalities shall |
| 10141 | be placed in the category in which an application by the |
| 10142 | municipality with the highest percentage of residents in such |
| 10143 | area would have been considered if such municipality had |
| 10144 | authorized the area to be an enterprise zone. |
| 10145 | (4)(a) Notwithstanding s. 290.0055, the department office |
| 10146 | may redesignate any state enterprise zone having an effective |
| 10147 | date on or before January 1, 2005, as a state enterprise zone |
| 10148 | upon completion and submittal to the department office by the |
| 10149 | governing body for an enterprise zone of the following: |
| 10150 | 1. An updated zone profile for the enterprise zone based |
| 10151 | on the most recent census data that complies with s. 290.0055, |
| 10152 | except that pervasive poverty criteria may be set aside for |
| 10153 | rural enterprise zones. |
| 10154 | 2. A resolution passed by the governing body for that |
| 10155 | enterprise zone requesting redesignation and explaining the |
| 10156 | reasons the conditions of the zone merit redesignation. |
| 10157 | 3. Measurable goals for the enterprise zone developed by |
| 10158 | the enterprise zone development agency, which may be the goals |
| 10159 | established in the enterprise zone's strategic plan. |
| 10160 |
|
| 10161 | The governing body may also submit a request for a boundary |
| 10162 | change in an enterprise zone in the same application to the |
| 10163 | department office as long as the new area complies with the |
| 10164 | requirements of s. 290.0055, except that pervasive poverty |
| 10165 | criteria may be set aside for rural enterprise zones. |
| 10166 | (b) The department, in consultation with Enterprise |
| 10167 | Florida, Inc., the office shall, based on the enterprise zone |
| 10168 | profile and the grounds for redesignation expressed in the |
| 10169 | resolution, determine whether the enterprise zone merits |
| 10170 | redesignation. The department office may also examine and |
| 10171 | consider the following: |
| 10172 | 1. Progress made, if any, in the enterprise zone's |
| 10173 | strategic plan. |
| 10174 | 2. Use of enterprise zone incentives during the life of |
| 10175 | the enterprise zone. |
| 10176 |
|
| 10177 | If the department office determines that the enterprise zone |
| 10178 | merits redesignation, the department office shall notify the |
| 10179 | governing body in writing of its approval of redesignation. |
| 10180 | (c) If the enterprise zone is redesignated, the department |
| 10181 | office shall determine if the measurable goals submitted are |
| 10182 | reasonable. If the department office determines that the goals |
| 10183 | are reasonable, it the office shall notify the governing body in |
| 10184 | writing that the goals have been approved. |
| 10185 | (d) If the department office denies redesignation of an |
| 10186 | enterprise zone, the department Office shall notify the |
| 10187 | governing body in writing of the denial. Any county or |
| 10188 | municipality having jurisdiction over an area denied |
| 10189 | redesignation as a state enterprise zone pursuant to this |
| 10190 | subsection may not apply for designation of that area for 1 year |
| 10191 | following the date of denial. |
| 10192 | (5) Notwithstanding s. 290.0055, an area designated as a |
| 10193 | federal empowerment zone or enterprise community pursuant to |
| 10194 | Title XIII of the Omnibus Budget Reconciliation Act of 1993, the |
| 10195 | Taxpayer Relief Act of 1997, or the 1999 Agricultural |
| 10196 | Appropriations Act shall be designated a state enterprise zone |
| 10197 | as follows: |
| 10198 | (a) An area designated as an urban empowerment zone or |
| 10199 | urban enterprise community pursuant to Title XIII of the Omnibus |
| 10200 | Budget Reconciliation Act of 1993, the Taxpayer Relief Act of |
| 10201 | 1997, or the 2000 Community Renewal Tax Relief Act shall be |
| 10202 | redesignated a state enterprise zone by the department office |
| 10203 | upon completion of the requirements set out in paragraph (d), |
| 10204 | except in the case of a county as defined in s. 125.011(1) |
| 10205 | which, notwithstanding s. 290.0055, may incorporate and include |
| 10206 | such designated urban empowerment zone or urban enterprise |
| 10207 | community areas within the boundaries of its state enterprise |
| 10208 | zones without any limitation as to size. |
| 10209 | (b) An area designated as a rural empowerment zone or |
| 10210 | rural enterprise community pursuant to Title XIII of the Omnibus |
| 10211 | Budget Reconciliation Act of 1993 or the 1999 Agricultural |
| 10212 | Appropriations Act shall be redesignated a state rural |
| 10213 | enterprise zone by the department office upon completion of the |
| 10214 | requirements set out in paragraph (d) and may incorporate and |
| 10215 | include such designated rural empowerment zone or rural |
| 10216 | enterprise community within the boundaries of its state |
| 10217 | enterprise zones without any limitation as to size. |
| 10218 | (c) Any county or municipality having jurisdiction over an |
| 10219 | area redesignated as a state enterprise zone pursuant to this |
| 10220 | subsection, other than a county defined in s. 125.011(1), may |
| 10221 | not apply for designation of another area. |
| 10222 | (d) Before Prior to redesignating such areas as state |
| 10223 | enterprise zones, the department office shall ensure that the |
| 10224 | governing body having jurisdiction over the zone submits the |
| 10225 | information required under paragraph (4)(a) for redesignation to |
| 10226 | the department office. |
| 10227 | (6)(a) The department office, in consultation with |
| 10228 | Enterprise Florida, Inc., may develop guidelines necessary for |
| 10229 | the department's approval of areas under this section by the |
| 10230 | director. |
| 10231 | (b) Such guidelines shall provide for the measurement of |
| 10232 | pervasive poverty, unemployment, and general distress using the |
| 10233 | criteria outlined by s. 290.0058. |
| 10234 | (c) Such guidelines shall provide for the evaluation of |
| 10235 | the strategic plan or measurable goals and local fiscal and |
| 10236 | regulatory incentives for effectiveness, including how the |
| 10237 | following key principles will be implemented by the governing |
| 10238 | body or bodies: |
| 10239 | 1. Economic opportunity, including job creation within the |
| 10240 | community and throughout the region, as well as entrepreneurial |
| 10241 | initiatives, small business expansion, and training for jobs |
| 10242 | that offer upward mobility. |
| 10243 | 2. Sustainable community development that advances the |
| 10244 | creation of livable and vibrant communities through |
| 10245 | comprehensive approaches that coordinate economic, physical, |
| 10246 | community, and human development. |
| 10247 | 3. Community-based partnerships involving the |
| 10248 | participation of all segments of the community. |
| 10249 | 4. Strategic vision for change that identifies how the |
| 10250 | community will be revitalized. This vision should include |
| 10251 | methods for building on community assets and coordinate a |
| 10252 | response to community needs in a comprehensive fashion. This |
| 10253 | vision should provide goals and performance benchmarks for |
| 10254 | measuring progress and establish a framework for evaluating and |
| 10255 | adjusting the strategic plan or measurable goals. |
| 10256 | 5. Local fiscal and regulatory incentives enacted pursuant |
| 10257 | to s. 290.0057(1)(e). These incentives should induce economic |
| 10258 | revitalization, including job creation and small business |
| 10259 | expansion. |
| 10260 | (d) Such guidelines may provide methods for evaluating the |
| 10261 | prospects for new investment and economic development in the |
| 10262 | area, including a review and evaluation of any previous state |
| 10263 | enterprise zones located in the area. |
| 10264 | (7) Upon approval by the department director of a |
| 10265 | resolution authorizing an area to be an enterprise zone pursuant |
| 10266 | to this section, the department office shall assign a unique |
| 10267 | identifying number to that resolution. The department office |
| 10268 | shall provide the Department of Revenue and Enterprise Florida, |
| 10269 | Inc., with a copy of each resolution approved, together with its |
| 10270 | identifying number. |
| 10271 | Section 142. Subsection (1) of section 290.0066, Florida |
| 10272 | Statutes, is amended to read: |
| 10273 | 290.0066 Revocation of enterprise zone designation.- |
| 10274 | (1) The department director may revoke the designation of |
| 10275 | an enterprise zone if the department director determines that |
| 10276 | the governing body or bodies: |
| 10277 | (a) Have failed to make progress in achieving the |
| 10278 | benchmarks set forth in the strategic plan or measurable goals; |
| 10279 | or |
| 10280 | (b) Have not complied substantially with the strategic |
| 10281 | plan or measurable goals. |
| 10282 | Section 143. Section 290.00710, Florida Statutes, is |
| 10283 | amended to read: |
| 10284 | 290.00710 Enterprise zone designation for the City of |
| 10285 | Lakeland.-The City of Lakeland may apply to the department |
| 10286 | Office of Tourism, Trade, and Economic Development for |
| 10287 | designation of one enterprise zone for an area within the City |
| 10288 | of Lakeland, which zone shall encompass an area up to 10 square |
| 10289 | miles. The application must be submitted by December 31, 2005, |
| 10290 | and must comply with the requirements of s. 290.0055. |
| 10291 | Notwithstanding s. 290.0065, limiting the total number of |
| 10292 | enterprise zones designated and the number of enterprise zones |
| 10293 | within a population category, the department Office of Tourism, |
| 10294 | Trade, and Economic Development may designate one enterprise |
| 10295 | zone under this section. The department Office of Tourism, |
| 10296 | Trade, and Economic Development shall establish the initial |
| 10297 | effective date of the enterprise zone designated pursuant to |
| 10298 | this section. |
| 10299 | Section 144. Section 290.0072, Florida Statutes, is |
| 10300 | amended to read: |
| 10301 | 290.0072 Enterprise zone designation for the City of |
| 10302 | Winter Haven.-The City of Winter Haven may apply to the |
| 10303 | department Office of Tourism, Trade, and Economic Development |
| 10304 | for designation of one enterprise zone for an area within the |
| 10305 | City of Winter Haven, which zone shall encompass an area up to 5 |
| 10306 | square miles. Notwithstanding s. 290.0065 limiting the total |
| 10307 | number of enterprise zones designated and the number of |
| 10308 | enterprise zones within a population category, the department |
| 10309 | Office of Tourism, Trade, and Economic Development may designate |
| 10310 | one enterprise zone under this section. The department Office of |
| 10311 | Tourism, Trade, and Economic Development shall establish the |
| 10312 | initial effective date of the enterprise zone designated |
| 10313 | pursuant to this section. |
| 10314 | Section 145. Section 290.00725, Florida Statutes, is |
| 10315 | amended to read: |
| 10316 | 290.00725 Enterprise zone designation for the City of |
| 10317 | Ocala.-The City of Ocala may apply to the department Office of |
| 10318 | Tourism, Trade, and Economic Development for designation of one |
| 10319 | enterprise zone for an area within the western portion of the |
| 10320 | city, which zone shall encompass an area up to 5 square miles. |
| 10321 | The application must be submitted by December 31, 2009, and must |
| 10322 | comply with the requirements of s. 290.0055. Notwithstanding s. |
| 10323 | 290.0065 limiting the total number of enterprise zones |
| 10324 | designated and the number of enterprise zones within a |
| 10325 | population category, the department Office of Tourism, Trade, |
| 10326 | and Economic Development may designate one enterprise zone under |
| 10327 | this section. The department Office of Tourism, Trade, and |
| 10328 | Economic Development shall establish the initial effective date |
| 10329 | of the enterprise zone designated under this section. |
| 10330 | Section 146. Section 290.0073, Florida Statutes, is |
| 10331 | amended to read: |
| 10332 | 290.0073 Enterprise zone designation for Indian River |
| 10333 | County, the City of Vero Beach, and the City of Sebastian.- |
| 10334 | Indian River County, the City of Vero Beach, and the City of |
| 10335 | Sebastian may jointly apply to the department Office of Tourism, |
| 10336 | Trade, and Economic Development for designation of one |
| 10337 | enterprise zone encompassing an area not to exceed 10 square |
| 10338 | miles. The application must be submitted by December 31, 2005, |
| 10339 | and must comply with the requirements of s. 290.0055. |
| 10340 | Notwithstanding the provisions of s. 290.0065 limiting the total |
| 10341 | number of enterprise zones designated and the number of |
| 10342 | enterprise zones within a population category, the department |
| 10343 | Office of Tourism, Trade, and Economic Development may designate |
| 10344 | one enterprise zone under this section. The department Office of |
| 10345 | Tourism, Trade, and Economic Development shall establish the |
| 10346 | initial effective date of the enterprise zone designated |
| 10347 | pursuant to this section. |
| 10348 | Section 147. Section 290.0074, Florida Statutes, is |
| 10349 | amended to read: |
| 10350 | 290.0074 Enterprise zone designation for Sumter County.- |
| 10351 | Sumter County may apply to the department Office of Tourism, |
| 10352 | Trade, and Economic Development for designation of one |
| 10353 | enterprise zone encompassing an area not to exceed 10 square |
| 10354 | miles. The application must be submitted by December 31, 2005. |
| 10355 | Notwithstanding the provisions of s. 290.0065 limiting the total |
| 10356 | number of enterprise zones designated and the number of |
| 10357 | enterprise zones within a population category, the department |
| 10358 | Office of Tourism, Trade, and Economic Development may designate |
| 10359 | one enterprise zone under this section. The department Office of |
| 10360 | Tourism, Trade and Economic Development shall establish the |
| 10361 | initial effective date of the enterprise zone designated |
| 10362 | pursuant to this section. |
| 10363 | Section 148. Section 290.0077, Florida Statutes, is |
| 10364 | amended to read: |
| 10365 | 290.0077 Enterprise zone designation for Orange County and |
| 10366 | the municipality of Apopka.-Orange County and the municipality |
| 10367 | of Apopka may jointly apply to the department Office of Tourism, |
| 10368 | Trade, and Economic Development for designation of one |
| 10369 | enterprise zone. The application must be submitted by December |
| 10370 | 31, 2005, and must comply with the requirements of s. 290.0055. |
| 10371 | Notwithstanding the provisions of s. 290.0065 limiting the total |
| 10372 | number of enterprise zones designated and the number of |
| 10373 | enterprise zones within a population category, the department |
| 10374 | Office of Tourism, Trade, and Economic Development may designate |
| 10375 | one enterprise zone under this section. The department Office of |
| 10376 | Tourism, Trade, and Economic Development shall establish the |
| 10377 | initial effective date of the enterprise zone designated |
| 10378 | pursuant to this section. |
| 10379 | Section 149. Section 290.014, Florida Statutes, is amended |
| 10380 | to read: |
| 10381 | 290.014 Annual reports on enterprise zones.- |
| 10382 | (1) By February 1 of each year, the Department of Revenue |
| 10383 | shall submit an annual report to the Department of Economic |
| 10384 | Opportunity Office of Tourism, Trade, and Economic Development |
| 10385 | detailing the usage and revenue impact by county of the state |
| 10386 | incentives listed in s. 290.007. |
| 10387 | (2) By March 1 of each year, the Department of Economic |
| 10388 | Opportunity office shall submit an annual report to the |
| 10389 | Governor, the Speaker of the House of Representatives, and the |
| 10390 | President of the Senate. The report shall include the |
| 10391 | information provided by the Department of Revenue pursuant to |
| 10392 | subsection (1) and the information provided by enterprise zone |
| 10393 | development agencies pursuant to s. 290.0056. In addition, the |
| 10394 | report shall include an analysis of the activities and |
| 10395 | accomplishments of each enterprise zone. |
| 10396 | Section 150. Subsections (3) and (4) of section 290.053, |
| 10397 | Florida Statutes, are amended to read: |
| 10398 | 290.053 Response to economic emergencies in small |
| 10399 | communities.- |
| 10400 | (3) A local government entity shall notify the Governor, |
| 10401 | the Department of Economic Opportunity Office of Tourism, Trade, |
| 10402 | and Economic Development, and Enterprise Florida, Inc., when one |
| 10403 | or more of the conditions specified in subsection (2) have |
| 10404 | occurred or will occur if action is not taken to assist the |
| 10405 | local governmental entity or the affected community. |
| 10406 | (4) Upon notification that one or more of the conditions |
| 10407 | described in subsection (2) exist, the Governor or his or her |
| 10408 | designee shall contact the local governmental entity to |
| 10409 | determine what actions have been taken by the local governmental |
| 10410 | entity or the affected community to resolve the economic |
| 10411 | emergency. The Governor may has the authority to waive the |
| 10412 | eligibility criteria of any program or activity administered by |
| 10413 | the Department of Economic Opportunity Office of Tourism, Trade, |
| 10414 | and Economic Development, or Enterprise Florida, Inc., to |
| 10415 | provide economic relief to the affected community by granting |
| 10416 | participation in such programs or activities. The Governor shall |
| 10417 | consult with the President of the Senate and the Speaker of the |
| 10418 | House of Representatives and shall take other action, as |
| 10419 | necessary, to resolve the economic emergency in the most |
| 10420 | expedient manner possible. All actions taken pursuant to this |
| 10421 | section shall be within current appropriations and shall have no |
| 10422 | annualized impact beyond normal growth. |
| 10423 | Section 151. Section 290.06561, Florida Statutes, is |
| 10424 | amended to read: |
| 10425 | 290.06561 Designation of rural enterprise zone as catalyst |
| 10426 | site.-Notwithstanding s. 290.0065(1), the Department of Economic |
| 10427 | Opportunity Office of Tourism, Trade, and Economic Development, |
| 10428 | upon request of the host county, shall designate as a rural |
| 10429 | enterprise zone any catalyst site as defined in s. |
| 10430 | 288.0656(2)(b) that was approved before prior to January 1, |
| 10431 | 2010, and that is not located in an existing rural enterprise |
| 10432 | zone. The request from the host county must include the legal |
| 10433 | description of the catalyst site and the name and contact |
| 10434 | information for the county development authority responsible for |
| 10435 | managing the catalyst site. The designation shall provide |
| 10436 | businesses locating within the catalyst site the same |
| 10437 | eligibility for economic incentives and other benefits of a |
| 10438 | rural enterprise zone designated under s. 290.0065. The |
| 10439 | reporting criteria for a catalyst site designated as a rural |
| 10440 | enterprise zone under this section are the same as for other |
| 10441 | rural enterprise zones. Host county development authorities may |
| 10442 | enter into memoranda of agreement, as necessary, to coordinate |
| 10443 | their efforts to implement this section. |
| 10444 | Section 152. Paragraph (d) of subsection (3) of section |
| 10445 | 310.0015, Florida Statutes, is amended to read: |
| 10446 | 310.0015 Piloting regulation; general provisions.- |
| 10447 | (3) The rate-setting process, the issuance of licenses |
| 10448 | only in numbers deemed necessary or prudent by the board, and |
| 10449 | other aspects of the economic regulation of piloting established |
| 10450 | in this chapter are intended to protect the public from the |
| 10451 | adverse effects of unrestricted competition which would result |
| 10452 | from an unlimited number of licensed pilots being allowed to |
| 10453 | market their services on the basis of lower prices rather than |
| 10454 | safety concerns. This system of regulation benefits and protects |
| 10455 | the public interest by maximizing safety, avoiding uneconomic |
| 10456 | duplication of capital expenses and facilities, and enhancing |
| 10457 | state regulatory oversight. The system seeks to provide pilots |
| 10458 | with reasonable revenues, taking into consideration the normal |
| 10459 | uncertainties of vessel traffic and port usage, sufficient to |
| 10460 | maintain reliable, stable piloting operations. Pilots have |
| 10461 | certain restrictions and obligations under this system, |
| 10462 | including, but not limited to, the following: |
| 10463 | (d)1. The pilot or pilots in a port shall train and |
| 10464 | compensate all member deputy pilots in that port. Failure to |
| 10465 | train or compensate such deputy pilots shall constitute a ground |
| 10466 | for disciplinary action under s. 310.101. Nothing in this |
| 10467 | subsection shall be deemed to create an agency or employment |
| 10468 | relationship between a pilot or deputy pilot and the pilot or |
| 10469 | pilots in a port. |
| 10470 | 2. The pilot or pilots in a port shall establish a |
| 10471 | competency-based mentor program by which minority persons, as |
| 10472 | defined in s. 288.703(3), may acquire the skills for the |
| 10473 | professional preparation and education competency requirements |
| 10474 | of a licensed state pilot or certificated deputy pilot. The |
| 10475 | department shall provide the Governor, the President of the |
| 10476 | Senate, and the Speaker of the House of Representatives with a |
| 10477 | report each year on the number of minority persons, as defined |
| 10478 | in s. 288.703(3), who have participated in each mentor program, |
| 10479 | who are licensed state pilots or certificated deputy pilots, and |
| 10480 | who have applied for state pilot licensure or deputy pilot |
| 10481 | certification. |
| 10482 | Section 153. Subsections (1), (3), (5), (8), (9), (10), |
| 10483 | and (11) of section 311.09, Florida Statutes, are amended to |
| 10484 | read: |
| 10485 | 311.09 Florida Seaport Transportation and Economic |
| 10486 | Development Council.- |
| 10487 | (1) The Florida Seaport Transportation and Economic |
| 10488 | Development Council is created within the Department of |
| 10489 | Transportation. The council consists of the following 17 |
| 10490 | members: the port director, or the port director's designee, of |
| 10491 | each of the ports of Jacksonville, Port Canaveral, Fort Pierce, |
| 10492 | Palm Beach, Port Everglades, Miami, Port Manatee, St. |
| 10493 | Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key |
| 10494 | West, and Fernandina; the secretary of the Department of |
| 10495 | Transportation or his or her designee; the Commissioner of |
| 10496 | Economic Opportunity or the commissioner's director of the |
| 10497 | Office of Tourism, Trade, and Economic Development or his or her |
| 10498 | designee; and the secretary of the Department of Community |
| 10499 | Affairs or his or her designee. |
| 10500 | (3) The council shall prepare a 5-year Florida Seaport |
| 10501 | Mission Plan defining the goals and objectives of the council |
| 10502 | concerning the development of port facilities and an intermodal |
| 10503 | transportation system consistent with the goals of the Florida |
| 10504 | Transportation Plan developed pursuant to s. 339.155. The |
| 10505 | Florida Seaport Mission Plan shall include specific |
| 10506 | recommendations for the construction of transportation |
| 10507 | facilities connecting any port to another transportation mode |
| 10508 | and for the efficient, cost-effective development of |
| 10509 | transportation facilities or port facilities for the purpose of |
| 10510 | enhancing international trade, promoting cargo flow, increasing |
| 10511 | cruise passenger movements, increasing port revenues, and |
| 10512 | providing economic benefits to the state. The council shall |
| 10513 | update the 5-year Florida Seaport Mission Plan annually and |
| 10514 | shall submit the plan no later than February 1 of each year to |
| 10515 | the President of the Senate,; the Speaker of the House of |
| 10516 | Representatives,; the Department of Economic Opportunity, and |
| 10517 | Office of Tourism, Trade, and Economic Development; the |
| 10518 | Department of Transportation; and the Department of Community |
| 10519 | Affairs. The council shall develop programs, based on an |
| 10520 | examination of existing programs in Florida and other states, |
| 10521 | for the training of minorities and secondary school students in |
| 10522 | job skills associated with employment opportunities in the |
| 10523 | maritime industry, and report on progress and recommendations |
| 10524 | for further action to the President of the Senate and the |
| 10525 | Speaker of the House of Representatives annually. |
| 10526 | (5) The council shall review and approve or disapprove |
| 10527 | each project eligible to be funded pursuant to the Florida |
| 10528 | Seaport Transportation and Economic Development Program. The |
| 10529 | council shall annually submit to the Secretary of Transportation |
| 10530 | and; the Commissioner of Economic Opportunity or the |
| 10531 | commissioner's designee, director of the Office of Tourism, |
| 10532 | Trade, and Economic Development; and the Secretary of Community |
| 10533 | Affairs a list of projects which have been approved by the |
| 10534 | council. The list shall specify the recommended funding level |
| 10535 | for each project; and, if staged implementation of the project |
| 10536 | is appropriate, the funding requirements for each stage shall be |
| 10537 | specified. |
| 10538 | (8) The Department of Economic Opportunity Office of |
| 10539 | Tourism, Trade, and Economic Development, in consultation with |
| 10540 | Enterprise Florida, Inc., shall review the list of projects |
| 10541 | approved by the council to evaluate the economic benefit of the |
| 10542 | project and to determine whether the project is consistent with |
| 10543 | the Florida Seaport Mission Plan. The Department of Economic |
| 10544 | Opportunity Office of Tourism, Trade, and Economic Development |
| 10545 | shall review the economic benefits of each project based upon |
| 10546 | the rules adopted pursuant to subsection (4). The Department of |
| 10547 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 10548 | Development shall identify those projects which it has |
| 10549 | determined do not offer an economic benefit to the state or are |
| 10550 | not consistent with the Florida Seaport Mission Plan and shall |
| 10551 | notify the council of its findings. |
| 10552 | (9) The council shall review the findings of the |
| 10553 | Department of Economic Opportunity Community Affairs; the Office |
| 10554 | of Tourism, Trade, and Economic Development; and the Department |
| 10555 | of Transportation. Projects found to be inconsistent pursuant to |
| 10556 | subsections (6), (7), and (8) and projects which have been |
| 10557 | determined not to offer an economic benefit to the state |
| 10558 | pursuant to subsection (8) may shall not be included in the list |
| 10559 | of projects to be funded. |
| 10560 | (10) The Department of Transportation shall include in its |
| 10561 | annual legislative budget request a Florida Seaport |
| 10562 | Transportation and Economic Development grant program for |
| 10563 | expenditure of funds of not less than $8 million per year. Such |
| 10564 | budget shall include funding for projects approved by the |
| 10565 | council which have been determined by each agency to be |
| 10566 | consistent and which have been determined by the Department of |
| 10567 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 10568 | Development to be economically beneficial. The department shall |
| 10569 | include the specific approved seaport projects to be funded |
| 10570 | under this section during the ensuing fiscal year in the |
| 10571 | tentative work program developed pursuant to s. 339.135(4). The |
| 10572 | total amount of funding to be allocated to seaport projects |
| 10573 | under s. 311.07 during the successive 4 fiscal years shall also |
| 10574 | be included in the tentative work program developed pursuant to |
| 10575 | s. 339.135(4). The council may submit to the department a list |
| 10576 | of approved projects that could be made production-ready within |
| 10577 | the next 2 years. The list shall be submitted by the department |
| 10578 | as part of the needs and project list prepared pursuant to s. |
| 10579 | 339.135(2)(b). However, the department shall, upon written |
| 10580 | request of the Florida Seaport Transportation and Economic |
| 10581 | Development Council, submit work program amendments pursuant to |
| 10582 | s. 339.135(7) to the Governor within 10 days after the later of |
| 10583 | the date the request is received by the department or the |
| 10584 | effective date of the amendment, termination, or closure of the |
| 10585 | applicable funding agreement between the department and the |
| 10586 | affected seaport, as required to release the funds from the |
| 10587 | existing commitment. Notwithstanding s. 339.135(7)(c), any work |
| 10588 | program amendment to transfer prior year funds from one approved |
| 10589 | seaport project to another seaport project is subject to the |
| 10590 | procedures in s. 339.135(7)(d). Notwithstanding any provision of |
| 10591 | law to the contrary, the department may transfer unexpended |
| 10592 | budget between the seaport projects as identified in the |
| 10593 | approved work program amendments. |
| 10594 | (11) The council shall meet at the call of its |
| 10595 | chairperson, at the request of a majority of its membership, or |
| 10596 | at such times as may be prescribed in its bylaws. However, the |
| 10597 | council must meet at least semiannually. A majority of voting |
| 10598 | members of the council constitutes a quorum for the purpose of |
| 10599 | transacting the business of the council. All members of the |
| 10600 | council are voting members. A vote of the majority of the voting |
| 10601 | members present is sufficient for any action of the council, |
| 10602 | except that a member representing the Department of |
| 10603 | Transportation, the Department of Community Affairs, or the |
| 10604 | Department of Economic Opportunity Office of Tourism, Trade, and |
| 10605 | Economic Development may vote to overrule any action of the |
| 10606 | council approving a project pursuant to subsection (5). The |
| 10607 | bylaws of the council may require a greater vote for a |
| 10608 | particular action. |
| 10609 | Section 154. Section 311.11, Florida Statutes, is amended |
| 10610 | to read: |
| 10611 | 311.11 Seaport Employment Training Grant Program.- |
| 10612 | (1) The Department of Economic Opportunity Office of |
| 10613 | Tourism, Trade, and Economic Development, in cooperation with |
| 10614 | the Florida Seaport Transportation and Economic Development |
| 10615 | Council, shall establish a Seaport Employment Training Grant |
| 10616 | Program within the department Office. The Governor office shall |
| 10617 | grant funds appropriated by the Legislature to the program for |
| 10618 | the purpose of stimulating and supporting seaport training and |
| 10619 | employment programs which will seek to match state and local |
| 10620 | training programs with identified job skills associated with |
| 10621 | employment opportunities in the port, maritime, and |
| 10622 | transportation industries, and for the purpose of providing such |
| 10623 | other training, educational, and information services as |
| 10624 | required to stimulate jobs in the described industries. Funds |
| 10625 | may be used for the purchase of equipment to be used for |
| 10626 | training purposes, hiring instructors, and any other purpose |
| 10627 | associated with the training program. The department's office's |
| 10628 | contribution to any specific training program may not exceed 50 |
| 10629 | percent of the total cost of the program. Matching contributions |
| 10630 | may include services in kind, including, but not limited to, |
| 10631 | training instructors, equipment usage, and training facilities. |
| 10632 | (2) The Department of Economic Opportunity Office shall |
| 10633 | adopt criteria to implement this section. |
| 10634 | Section 155. Paragraphs (i) and (l) of subsection (1) of |
| 10635 | section 311.115, Florida Statutes, are amended to read: |
| 10636 | 311.115 Seaport Security Standards Advisory Council.-The |
| 10637 | Seaport Security Standards Advisory Council is created under the |
| 10638 | Office of Drug Control. The council shall serve as an advisory |
| 10639 | council as provided in s. 20.03(7). |
| 10640 | (1) The members of the council shall be appointed by the |
| 10641 | Governor and consist of the following: |
| 10642 | (i) One member from the Department of Economic Opportunity |
| 10643 | Office of Tourism, Trade, and Economic Development. |
| 10644 | (l) The director of the Division of Emergency Management, |
| 10645 | or his or her designee. |
| 10646 | Section 156. Subsection (2) of section 311.22, Florida |
| 10647 | Statutes, is amended to read: |
| 10648 | 311.22 Additional authorization for funding certain |
| 10649 | dredging projects.- |
| 10650 | (2) The council shall adopt rules for evaluating the |
| 10651 | projects that may be funded pursuant to this section. The rules |
| 10652 | must provide criteria for evaluating the economic benefit of the |
| 10653 | project. The rules must include the creation of an |
| 10654 | administrative review process by the council which is similar to |
| 10655 | the process described in s. 311.09(5)-(12), and provide for a |
| 10656 | review by the Department of Community Affairs, the Department of |
| 10657 | Transportation, and the Department of Economic Opportunity |
| 10658 | Office of Tourism, Trade, and Economic Development of all |
| 10659 | projects submitted for funding under this section. |
| 10660 | Section 157. Section 42 of chapter 2005-71, Laws of |
| 10661 | Florida, and section 1 of chapter 2005-261, Laws of Florida, are |
| 10662 | repealed. |
| 10663 | Section 158. Paragraph (a) of subsection (6), paragraph |
| 10664 | (b) of subsection (9), paragraph (a) of subsection (35), |
| 10665 | subsection (60), and paragraph (b) of subsection (65) of section |
| 10666 | 320.08058, Florida Statutes, is amended to read: |
| 10667 | 320.08058 Specialty license plates.- |
| 10668 | (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE |
| 10669 | PLATES.- |
| 10670 | (a) Because the United States Olympic Committee has |
| 10671 | selected this state to participate in a combined fundraising |
| 10672 | program that provides for one-half of all money raised through |
| 10673 | volunteer giving to stay in this state and be administered by |
| 10674 | Enterprise Florida, Inc., the direct-support organization |
| 10675 | established under s. 288.1229 to support amateur sports, and |
| 10676 | because the United States Olympic Committee and Enterprise |
| 10677 | Florida, Inc., the direct-support organization are nonprofit |
| 10678 | organizations dedicated to providing athletes with support and |
| 10679 | training and preparing athletes of all ages and skill levels for |
| 10680 | sports competition, and because Enterprise Florida, Inc., the |
| 10681 | direct-support organization assists in the bidding for sports |
| 10682 | competitions that provide significant impact to the economy of |
| 10683 | this state, and the Legislature supports the efforts of the |
| 10684 | United States Olympic Committee and Enterprise Florida, Inc., |
| 10685 | the direct-support organization, the Legislature establishes a |
| 10686 | Florida United States Olympic Committee license plate for the |
| 10687 | purpose of providing a continuous funding source to support this |
| 10688 | worthwhile effort. Florida United States Olympic Committee |
| 10689 | license plates must contain the official United States Olympic |
| 10690 | Committee logo and must bear a design and colors that are |
| 10691 | approved by the department. The word "Florida" must be centered |
| 10692 | at the top of the plate. |
| 10693 | (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.- |
| 10694 | (b) The license plate annual use fees are to be annually |
| 10695 | distributed as follows: |
| 10696 | 1. Fifty-five percent of the proceeds from the Florida |
| 10697 | Professional Sports Team plate must be deposited into the |
| 10698 | Professional Sports Development Trust Fund within the Department |
| 10699 | of Economic Opportunity Office of Tourism, Trade, and Economic |
| 10700 | Development. These funds must be used solely to attract and |
| 10701 | support major sports events in this state. As used in this |
| 10702 | subparagraph, the term "major sports events" means, but is not |
| 10703 | limited to, championship or all-star contests of Major League |
| 10704 | Baseball, the National Basketball Association, the National |
| 10705 | Football League, the National Hockey League, the men's and |
| 10706 | women's National Collegiate Athletic Association Final Four |
| 10707 | basketball championship, or a horseracing or dogracing Breeders' |
| 10708 | Cup. All funds must be used to support and promote major |
| 10709 | sporting events, and the uses must be approved by Enterprise |
| 10710 | Florida, Inc. the Florida Sports Foundation. |
| 10711 | 2. The remaining proceeds of the Florida Professional |
| 10712 | Sports Team license plate must be allocated to Enterprise |
| 10713 | Florida, Inc. the Florida Sports Foundation, a direct-support |
| 10714 | organization of the Office of Tourism, Trade, and Economic |
| 10715 | Development. These funds must be deposited into the Professional |
| 10716 | Sports Development Trust Fund within the Department of Economic |
| 10717 | Opportunity Office of Tourism, Trade, and Economic Development. |
| 10718 | These funds must be used by Enterprise Florida, Inc., the |
| 10719 | Florida Sports Foundation to promote the economic development of |
| 10720 | the sports industry; to distribute licensing and royalty fees to |
| 10721 | participating professional sports teams; to promote education |
| 10722 | programs in Florida schools that provide an awareness of the |
| 10723 | benefits of physical activity and nutrition standards; to |
| 10724 | partner with the Department of Education and the Department of |
| 10725 | Health to develop a program that recognizes schools whose |
| 10726 | students demonstrate excellent physical fitness or fitness |
| 10727 | improvement; to institute a grant program for communities |
| 10728 | bidding on minor sporting events that create an economic impact |
| 10729 | for the state; to distribute funds to Florida-based charities |
| 10730 | designated by Enterprise Florida, Inc., the Florida Sports |
| 10731 | Foundation and the participating professional sports teams; and |
| 10732 | to fulfill the sports promotion responsibilities of the |
| 10733 | Department of Economic Opportunity Office of Tourism, Trade, and |
| 10734 | Economic Development. |
| 10735 | 3. Enterprise Florida, Inc., The Florida Sports Foundation |
| 10736 | shall provide an annual financial audit in accordance with s. |
| 10737 | 215.981 of its financial accounts and records by an independent |
| 10738 | certified public accountant pursuant to the contract established |
| 10739 | by the Department of Economic Opportunity Office of Tourism, |
| 10740 | Trade, and Economic Development as specified in s. 288.1229(5). |
| 10741 | The auditor shall submit the audit report to the Department of |
| 10742 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 10743 | Development for review and approval. If the audit report is |
| 10744 | approved, the Department of Economic Opportunity office shall |
| 10745 | certify the audit report to the Auditor General for review. |
| 10746 | 4. Notwithstanding the provisions of subparagraphs 1. and |
| 10747 | 2., proceeds from the Professional Sports Development Trust Fund |
| 10748 | may also be used for operational expenses of Enterprise Florida, |
| 10749 | Inc., the Florida Sports Foundation and financial support of the |
| 10750 | Sunshine State Games. |
| 10751 | (35) FLORIDA GOLF LICENSE PLATES.- |
| 10752 | (a) The Department of Highway Safety and Motor Vehicles |
| 10753 | shall develop a Florida Golf license plate as provided in this |
| 10754 | section. The word "Florida" must appear at the bottom of the |
| 10755 | plate. The Dade Amateur Golf Association, following consultation |
| 10756 | with the PGA TOUR, Enterprise Florida, Inc. the Florida Sports |
| 10757 | Foundation, the LPGA, and the PGA of America may submit a |
| 10758 | revised sample plate for consideration by the department. |
| 10759 | (60) FLORIDA NASCAR LICENSE PLATES.- |
| 10760 | (a) The department shall develop a Florida NASCAR license |
| 10761 | plate as provided in this section. Florida NASCAR license plates |
| 10762 | must bear the colors and design approved by the department. The |
| 10763 | word "Florida" must appear at the top of the plate, and the term |
| 10764 | "NASCAR" must appear at the bottom of the plate. The National |
| 10765 | Association for Stock Car Auto Racing, following consultation |
| 10766 | with Enterprise Florida, Inc. the Florida Sports Foundation, may |
| 10767 | submit a sample plate for consideration by the department. |
| 10768 | (b) The license plate annual use fees shall be distributed |
| 10769 | to Enterprise Florida, Inc. the Florida Sports Foundation, a |
| 10770 | direct-support organization of the Office of Tourism, Trade, and |
| 10771 | Economic Development. The license plate annual use fees shall be |
| 10772 | annually allocated as follows: |
| 10773 | 1. Up to 5 percent of the proceeds from the annual use |
| 10774 | fees may be used by Enterprise Florida, Inc., the Florida Sports |
| 10775 | Foundation for the administration of the NASCAR license plate |
| 10776 | program. |
| 10777 | 2. The National Association for Stock Car Auto Racing |
| 10778 | shall receive up to $60,000 in proceeds from the annual use fees |
| 10779 | to be used to pay startup costs, including costs incurred in |
| 10780 | developing and issuing the plates. Thereafter, 10 percent of the |
| 10781 | proceeds from the annual use fees shall be provided to the |
| 10782 | association for the royalty rights for the use of its marks. |
| 10783 | 3. The remaining proceeds from the annual use fees shall |
| 10784 | be distributed to Enterprise Florida, Inc. the Florida Sports |
| 10785 | Foundation. Enterprise Florida, Inc., shall The Florida Sports |
| 10786 | Foundation will retain 15 percent to support its regional grant |
| 10787 | program, attracting sporting events to Florida; 20 percent to |
| 10788 | support the marketing of motorsports-related tourism in the |
| 10789 | state; and 50 percent to be paid to the NASCAR Foundation, a s. |
| 10790 | 501(c)(3) charitable organization, to support Florida-based |
| 10791 | charitable organizations. |
| 10792 | (c) Enterprise Florida, Inc., The Florida Sports |
| 10793 | Foundation shall provide an annual financial audit in accordance |
| 10794 | with s. 215.981 of its financial accounts and records by an |
| 10795 | independent certified public accountant pursuant to the contract |
| 10796 | established by the Department of Economic Opportunity Office of |
| 10797 | Tourism, Trade, and Economic Development as specified in s. |
| 10798 | 288.1229(5). The auditor shall submit the audit report to the |
| 10799 | Department of Economic Opportunity Office of Tourism, Trade, and |
| 10800 | Economic Development for review and approval. If the audit |
| 10801 | report is approved, the Department of Economic Opportunity |
| 10802 | office shall certify the audit report to the Auditor General for |
| 10803 | review. |
| 10804 | (65) FLORIDA TENNIS LICENSE PLATES.- |
| 10805 | (b) The department shall distribute the annual use fees to |
| 10806 | Enterprise Florida, Inc. the Florida Sports Foundation, a |
| 10807 | direct-support organization of the Office of Tourism, Trade, and |
| 10808 | Economic Development. The license plate annual use fees shall be |
| 10809 | annually allocated as follows: |
| 10810 | 1. Up to 5 percent of the proceeds from the annual use |
| 10811 | fees may be used by Enterprise Florida, Inc., the Florida Sports |
| 10812 | Foundation to administer the license plate program. |
| 10813 | 2. The United States Tennis Association Florida Section |
| 10814 | Foundation shall receive the first $60,000 in proceeds from the |
| 10815 | annual use fees to reimburse it for startup costs, |
| 10816 | administrative costs, and other costs it incurs in the |
| 10817 | development and approval process. |
| 10818 | 3. Up to 5 percent of the proceeds from the annual use |
| 10819 | fees may be used for promoting and marketing the license plates. |
| 10820 | The remaining proceeds shall be available for grants by the |
| 10821 | United States Tennis Association Florida Section Foundation to |
| 10822 | nonprofit organizations to operate youth tennis programs and |
| 10823 | adaptive tennis programs for special populations of all ages, |
| 10824 | and for building, renovating, and maintaining public tennis |
| 10825 | courts. |
| 10826 | Section 159. Subsection (3) of section 320.63, Florida |
| 10827 | Statutes, is amended to read: |
| 10828 | 320.63 Application for license; contents.-Any person |
| 10829 | desiring to be licensed pursuant to ss. 320.60-320.70 shall make |
| 10830 | application therefor to the department upon a form containing |
| 10831 | such information as the department requires. The department |
| 10832 | shall require, with such application or otherwise and from time |
| 10833 | to time, all of the following, which information may be |
| 10834 | considered by the department in determining the fitness of the |
| 10835 | applicant or licensee to engage in the business for which the |
| 10836 | applicant or licensee desires to be licensed: |
| 10837 | (3) From each manufacturer, distributor, or importer which |
| 10838 | utilizes an identical blanket basic agreement for its dealers or |
| 10839 | distributors in this state, which agreement comprises all or any |
| 10840 | part of the applicant's or licensee's agreements with motor |
| 10841 | vehicle dealers in this state, a copy of the written agreement |
| 10842 | and all supplements thereto, together with a list of the |
| 10843 | applicant's or licensee's authorized dealers or distributors and |
| 10844 | their addresses. The applicant or licensee shall further notify |
| 10845 | the department immediately of the appointment of any additional |
| 10846 | dealer or distributor. The applicant or licensee shall annually |
| 10847 | report to the department on its efforts to add new minority |
| 10848 | dealer points, including difficulties encountered under ss. |
| 10849 | 320.61-320.70. For purposes of this section "minority" shall |
| 10850 | have the same meaning as that given it in the definition of |
| 10851 | "minority person" in s. 288.703(3). Not later than 60 days |
| 10852 | before prior to the date a revision or modification to a |
| 10853 | franchise agreement is offered uniformly to a licensee's motor |
| 10854 | vehicle dealers in this state, the licensee shall notify the |
| 10855 | department of such revision, modification, or addition to the |
| 10856 | franchise agreement on file with the department. In no event may |
| 10857 | a franchise agreement, or any addendum or supplement thereto, be |
| 10858 | offered to a motor vehicle dealer in this state until the |
| 10859 | applicant or licensee files an affidavit with the department |
| 10860 | acknowledging that the terms or provisions of the agreement, or |
| 10861 | any related document, are not inconsistent with, prohibited by, |
| 10862 | or contrary to the provisions contained in ss. 320.60-320.70. |
| 10863 | Any franchise agreement offered to a motor vehicle dealer in |
| 10864 | this state shall provide that all terms and conditions in such |
| 10865 | agreement inconsistent with the law and rules of this state are |
| 10866 | of no force and effect. |
| 10867 | Section 160. Subsection (5) of section 331.3051, Florida |
| 10868 | Statutes, is amended to read: |
| 10869 | 331.3051 Duties of Space Florida.-Space Florida shall: |
| 10870 | (5) Consult with Enterprise Florida, Inc., the Florida |
| 10871 | Commission on Tourism in developing a space tourism marketing |
| 10872 | plan. Space Florida and Enterprise Florida, Inc., the Florida |
| 10873 | Commission on Tourism may enter into a mutually beneficial |
| 10874 | agreement that provides funding to Enterprise Florida, Inc., the |
| 10875 | commission for its services to implement this subsection. |
| 10876 | Section 161. Effective December 31, 2011, section |
| 10877 | 331.3081, Florida Statutes, is amended to read: |
| 10878 | (Substantial rewording of section. See |
| 10879 | s. 331.3081, F.S., for present text.) |
| 10880 | 331.3081 Board of Directors; advisory board.- |
| 10881 | (1) Space Florida shall be governed by the 11-member board |
| 10882 | of directors of Enterprise Florida, Inc., created under s. |
| 10883 | 288.901(3), which does not include the board's at-large or |
| 10884 | nonvoting members. |
| 10885 | (2) Space Florida shall have a 15-member advisory council, |
| 10886 | appointed by the Governor from a list of nominations submitted |
| 10887 | by the board of directors. The advisory council shall be |
| 10888 | composed of Florida residents with expertise in the space |
| 10889 | industry, and each of the following areas of expertise or |
| 10890 | experience must be represented by at least one advisory council |
| 10891 | member: human space-flight programs, commercial launches into |
| 10892 | space; organized labor with experience working in the aerospace |
| 10893 | industry, aerospace-related industries, a commercial company |
| 10894 | working under Federal Government contracts to conduct space- |
| 10895 | related business, an aerospace company whose primary client is |
| 10896 | the United States Department of Defense, and an alternative |
| 10897 | energy enterprise with potential for aerospace applications. The |
| 10898 | advisory council shall elect a member to serve as chair of the |
| 10899 | council. The advisory council shall make recommendations to the |
| 10900 | board of directors of Enterprise Florida, Inc., on the operation |
| 10901 | of Space Florida, including matters pertaining to ways to |
| 10902 | improve or enhance Florida's efforts to expand its existing |
| 10903 | space and aerospace industry, to improve management and use of |
| 10904 | Florida's state-owned real property assets related to space and |
| 10905 | aerospace, how best to retain and, if necessary, retrain |
| 10906 | Florida's highly skilled space and aerospace workforce, and how |
| 10907 | to strengthen bonds between this state, the National Aeronautics |
| 10908 | and Space Administration, and the United States Department of |
| 10909 | Defense, and private space and aerospace industries. |
| 10910 | (3) The term for an advisory council member is 2 years. A |
| 10911 | member may not serve more than two consecutive terms. The |
| 10912 | Governor may remove any member for cause and shall fill all |
| 10913 | vacancies that occur. |
| 10914 | (4) Advisory council members shall serve without |
| 10915 | compensation, but may be reimbursed for all reasonable, |
| 10916 | necessary, and actual expenses, as determined by the board of |
| 10917 | directors of Enterprise Florida, Inc. |
| 10918 | Section 162. Paragraph (c) of subsection (2) of section |
| 10919 | 331.310, Florida Statutes, is amended to read: |
| 10920 | 331.310 Powers and duties of the board of directors.- |
| 10921 | (2) The board of directors shall: |
| 10922 | (c) Appoint a person to act as the executive director |
| 10923 | president of Space Florida, having such official title, |
| 10924 | functions, duties, powers, and salary as the board may |
| 10925 | prescribe. |
| 10926 | Section 163. Subsection (1) of section 375.021, Florida |
| 10927 | Statutes, is amended to read: |
| 10928 | 375.021 Comprehensive multipurpose outdoor recreation |
| 10929 | plan.- |
| 10930 | (1) The department is given the responsibility, authority, |
| 10931 | and power to develop and execute a comprehensive multipurpose |
| 10932 | outdoor recreation plan for this state with the cooperation of |
| 10933 | the Department of Agriculture and Consumer Services, the |
| 10934 | Department of Transportation, the Fish and Wildlife Conservation |
| 10935 | Commission, the Department of Economic Opportunity Florida |
| 10936 | Commission on Tourism, and the water management districts. |
| 10937 | Section 164. Section 376.60, Florida Statutes, is amended |
| 10938 | to read: |
| 10939 | 376.60 Asbestos removal program inspection and |
| 10940 | notification fee.-The Department of Environmental Protection |
| 10941 | shall charge an inspection and notification fee, not to exceed |
| 10942 | $300 for a small business as defined in s. 288.703(1), or $1,000 |
| 10943 | for any other project, for any asbestos removal project. The |
| 10944 | department may establish a fee schedule by rule. Schools, |
| 10945 | colleges, universities, residential dwellings, and those persons |
| 10946 | otherwise exempted from licensure under s. 469.002(4) are exempt |
| 10947 | from the fees. Any fee collected must be deposited in the |
| 10948 | asbestos program account in the Air Pollution Control Trust Fund |
| 10949 | to be used by the department to administer its asbestos removal |
| 10950 | program. |
| 10951 | (1) In those counties with approved local air pollution |
| 10952 | control programs, the department shall return 80 percent of the |
| 10953 | asbestos removal program inspection and notification fees |
| 10954 | collected in that county to the local government quarterly, if |
| 10955 | the county requests it. |
| 10956 | (2) The fees returned to a county under subsection (1) |
| 10957 | must be used only for asbestos-related program activities. |
| 10958 | (3) A county may not levy any additional fees for asbestos |
| 10959 | removal activity while it receives fees under subsection (1). |
| 10960 | (4) If a county has requested reimbursement under |
| 10961 | subsection (1), the department shall reimburse the approved |
| 10962 | local air pollution control program with 80 percent of the fees |
| 10963 | collected in the county retroactive to July 1, 1994, for |
| 10964 | asbestos-related program activities. |
| 10965 | (5) If an approved local air pollution control program |
| 10966 | that is providing asbestos notification and inspection services |
| 10967 | according to 40 C.F.R. part 61, subpart M, and is collecting |
| 10968 | fees sufficient to support the requirements of 40 C.F.R. part |
| 10969 | 61, subpart M, opts not to receive the state-generated asbestos |
| 10970 | notification fees, the state may discontinue collection of the |
| 10971 | state asbestos notification fees in that county. |
| 10972 | Section 165. Subsection (2) of section 376.86, Florida |
| 10973 | Statutes, is amended to read: |
| 10974 | 376.86 Brownfield Areas Loan Guarantee Program.- |
| 10975 | (2) The council shall consist of the secretary of the |
| 10976 | Department of Environmental Protection or the secretary's |
| 10977 | designee, the secretary of the Department of Community Affairs |
| 10978 | or the secretary's designee, the State Surgeon General or the |
| 10979 | State Surgeon General's designee, the executive director of the |
| 10980 | State Board of Administration or the executive director's |
| 10981 | designee, the executive director of the Florida Housing Finance |
| 10982 | Corporation or the executive director's designee, and the |
| 10983 | Commissioner of Economic Opportunity or the commissioner's |
| 10984 | Director of the Governor's Office of Tourism, Trade, and |
| 10985 | Economic Development or the director's designee. The |
| 10986 | Commissioner of Economic Opportunity or the commissioner's |
| 10987 | designee shall serve as chair chairperson of the council shall |
| 10988 | be the Director of the Governor's Office of Tourism, Trade, and |
| 10989 | Economic Development. Staff services for activities of the |
| 10990 | council shall be provided as needed by the member agencies. |
| 10991 | Section 166. Paragraph (h) of subsection (5) of section |
| 10992 | 377.711, Florida Statutes, is amended to read: |
| 10993 | 377.711 Florida party to Southern States Energy Compact.- |
| 10994 | The Southern States Energy Compact is enacted into law and |
| 10995 | entered into by the state as a party, and is of full force and |
| 10996 | effect between the state and any other states joining therein in |
| 10997 | accordance with the terms of the compact, which compact is |
| 10998 | substantially as follows: |
| 10999 | (5) POWERS.-The board shall have the power to: |
| 11000 | (h) Recommend such changes in, or amendments or additions |
| 11001 | to, the laws, codes, rules, regulations, administrative |
| 11002 | procedures and practices, or ordinances of the party states in |
| 11003 | any of the fields of its interest and competence as in its |
| 11004 | judgment may be appropriate. Any such recommendation shall be |
| 11005 | made through the Department of Environmental Protection with due |
| 11006 | consideration of the desirability of uniformity and appropriate |
| 11007 | weight to any special circumstances that may justify variations |
| 11008 | to meet local conditions. Any such recommendation shall be made, |
| 11009 | in the case of Florida, through the Department of Commerce. |
| 11010 | Section 167. Subsection (3) of section 377.712, Florida |
| 11011 | Statutes, is amended to read: |
| 11012 | 377.712 Florida participation.- |
| 11013 | (3) Departments The department, agencies, and officers of |
| 11014 | this state, and its subdivisions are authorized to cooperate |
| 11015 | with the board in the furtherance of any of its activities |
| 11016 | pursuant to the compact, provided such proposed activities have |
| 11017 | been made known to, and have the approval of, either the |
| 11018 | Governor or the Department of Health. |
| 11019 | Section 168. Paragraph (d) of subsection (2) and |
| 11020 | subsection (24) of section 380.06, Florida Statutes, are amended |
| 11021 | to read: |
| 11022 | 380.06 Developments of regional impact.- |
| 11023 | (2) STATEWIDE GUIDELINES AND STANDARDS.- |
| 11024 | (d) The guidelines and standards shall be applied as |
| 11025 | follows: |
| 11026 | 1. Fixed thresholds.- |
| 11027 | a. A development that is below 100 percent of all |
| 11028 | numerical thresholds in the guidelines and standards is shall |
| 11029 | not be required to undergo development-of-regional-impact |
| 11030 | review. |
| 11031 | b. A development that is at or above 120 percent of any |
| 11032 | numerical threshold shall be required to undergo development-of- |
| 11033 | regional-impact review. |
| 11034 | c. Projects certified under s. 403.973 which create at |
| 11035 | least 100 jobs and meet the criteria of the Department of |
| 11036 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 11037 | Development as to their impact on an area's economy, employment, |
| 11038 | and prevailing wage and skill levels that are at or below 100 |
| 11039 | percent of the numerical thresholds for industrial plants, |
| 11040 | industrial parks, distribution, warehousing or wholesaling |
| 11041 | facilities, office development or multiuse projects other than |
| 11042 | residential, as described in s. 380.0651(3)(c), (d), and (h), |
| 11043 | are not required to undergo development-of-regional-impact |
| 11044 | review. |
| 11045 | 2. Rebuttable presumption.-It shall be presumed that a |
| 11046 | development that is at 100 percent or between 100 and 120 |
| 11047 | percent of a numerical threshold shall be required to undergo |
| 11048 | development-of-regional-impact review. |
| 11049 | (24) STATUTORY EXEMPTIONS.- |
| 11050 | (a) Any proposed hospital is exempt from the provisions of |
| 11051 | this section. |
| 11052 | (b) Any proposed electrical transmission line or |
| 11053 | electrical power plant is exempt from the provisions of this |
| 11054 | section. |
| 11055 | (c) Any proposed addition to an existing sports facility |
| 11056 | complex is exempt from the provisions of this section if the |
| 11057 | addition meets the following characteristics: |
| 11058 | 1. It would not operate concurrently with the scheduled |
| 11059 | hours of operation of the existing facility. |
| 11060 | 2. Its seating capacity would be no more than 75 percent |
| 11061 | of the capacity of the existing facility. |
| 11062 | 3. The sports facility complex property is owned by a |
| 11063 | public body before prior to July 1, 1983. |
| 11064 |
|
| 11065 | This exemption does not apply to any pari-mutuel facility. |
| 11066 | (d) Any proposed addition or cumulative additions |
| 11067 | subsequent to July 1, 1988, to an existing sports facility |
| 11068 | complex owned by a state university is exempt if the increased |
| 11069 | seating capacity of the complex is no more than 30 percent of |
| 11070 | the capacity of the existing facility. |
| 11071 | (e) Any addition of permanent seats or parking spaces for |
| 11072 | an existing sports facility located on property owned by a |
| 11073 | public body before prior to July 1, 1973, is exempt from the |
| 11074 | provisions of this section if future additions do not expand |
| 11075 | existing permanent seating or parking capacity more than 15 |
| 11076 | percent annually in excess of the prior year's capacity. |
| 11077 | (f) Any increase in the seating capacity of an existing |
| 11078 | sports facility having a permanent seating capacity of at least |
| 11079 | 50,000 spectators is exempt from the provisions of this section, |
| 11080 | provided that such an increase does not increase permanent |
| 11081 | seating capacity by more than 5 percent per year and not to |
| 11082 | exceed a total of 10 percent in any 5-year period, and provided |
| 11083 | that the sports facility notifies the appropriate local |
| 11084 | government within which the facility is located of the increase |
| 11085 | at least 6 months before prior to the initial use of the |
| 11086 | increased seating, in order to permit the appropriate local |
| 11087 | government to develop a traffic management plan for the traffic |
| 11088 | generated by the increase. Any traffic management plan shall be |
| 11089 | consistent with the local comprehensive plan, the regional |
| 11090 | policy plan, and the state comprehensive plan. |
| 11091 | (g) Any expansion in the permanent seating capacity or |
| 11092 | additional improved parking facilities of an existing sports |
| 11093 | facility is exempt from the provisions of this section, if the |
| 11094 | following conditions exist: |
| 11095 | 1.a. The sports facility had a permanent seating capacity |
| 11096 | on January 1, 1991, of at least 41,000 spectator seats; |
| 11097 | b. The sum of such expansions in permanent seating |
| 11098 | capacity does not exceed a total of 10 percent in any 5-year |
| 11099 | period and does not exceed a cumulative total of 20 percent for |
| 11100 | any such expansions; or |
| 11101 | c. The increase in additional improved parking facilities |
| 11102 | is a one-time addition and does not exceed 3,500 parking spaces |
| 11103 | serving the sports facility; and |
| 11104 | 2. The local government having jurisdiction of the sports |
| 11105 | facility includes in the development order or development permit |
| 11106 | approving such expansion under this paragraph a finding of fact |
| 11107 | that the proposed expansion is consistent with the |
| 11108 | transportation, water, sewer and stormwater drainage provisions |
| 11109 | of the approved local comprehensive plan and local land |
| 11110 | development regulations relating to those provisions. |
| 11111 |
|
| 11112 | Any owner or developer who intends to rely on this statutory |
| 11113 | exemption shall provide to the department a copy of the local |
| 11114 | government application for a development permit. Within 45 days |
| 11115 | after of receipt of the application, the department shall render |
| 11116 | to the local government an advisory and nonbinding opinion, in |
| 11117 | writing, stating whether, in the department's opinion, the |
| 11118 | prescribed conditions exist for an exemption under this |
| 11119 | paragraph. The local government shall render the development |
| 11120 | order approving each such expansion to the department. The |
| 11121 | owner, developer, or department may appeal the local government |
| 11122 | development order pursuant to s. 380.07, within 45 days after |
| 11123 | the order is rendered. The scope of review shall be limited to |
| 11124 | the determination of whether the conditions prescribed in this |
| 11125 | paragraph exist. If any sports facility expansion undergoes |
| 11126 | development-of-regional-impact review, all previous expansions |
| 11127 | which were exempt under this paragraph shall be included in the |
| 11128 | development-of-regional-impact review. |
| 11129 | (h) Expansion to port harbors, spoil disposal sites, |
| 11130 | navigation channels, turning basins, harbor berths, and other |
| 11131 | related inwater harbor facilities of ports listed in s. |
| 11132 | 403.021(9)(b), port transportation facilities and projects |
| 11133 | listed in s. 311.07(3)(b), and intermodal transportation |
| 11134 | facilities identified pursuant to s. 311.09(3) are exempt from |
| 11135 | the provisions of this section when such expansions, projects, |
| 11136 | or facilities are consistent with comprehensive master plans |
| 11137 | that are in compliance with the provisions of s. 163.3178. |
| 11138 | (i) Any proposed facility for the storage of any petroleum |
| 11139 | product or any expansion of an existing facility is exempt from |
| 11140 | the provisions of this section. |
| 11141 | (j) Any renovation or redevelopment within the same land |
| 11142 | parcel which does not change land use or increase density or |
| 11143 | intensity of use. |
| 11144 | (k) Waterport and marina development, including dry |
| 11145 | storage facilities, are exempt from the provisions of this |
| 11146 | section. |
| 11147 | (l) Any proposed development within an urban service |
| 11148 | boundary established under s. 163.3177(14), which is not |
| 11149 | otherwise exempt pursuant to subsection (29), is exempt from the |
| 11150 | provisions of this section if the local government having |
| 11151 | jurisdiction over the area where the development is proposed has |
| 11152 | adopted the urban service boundary, has entered into a binding |
| 11153 | agreement with jurisdictions that would be impacted and with the |
| 11154 | Department of Transportation regarding the mitigation of impacts |
| 11155 | on state and regional transportation facilities, and has adopted |
| 11156 | a proportionate share methodology pursuant to s. 163.3180(16). |
| 11157 | (m) Any proposed development within a rural land |
| 11158 | stewardship area created under s. 163.3177(11)(d) is exempt from |
| 11159 | the provisions of this section if the local government that has |
| 11160 | adopted the rural land stewardship area has entered into a |
| 11161 | binding agreement with jurisdictions that would be impacted and |
| 11162 | the Department of Transportation regarding the mitigation of |
| 11163 | impacts on state and regional transportation facilities, and has |
| 11164 | adopted a proportionate share methodology pursuant to s. |
| 11165 | 163.3180(16). |
| 11166 | (n) The establishment, relocation, or expansion of any |
| 11167 | military installation as defined in s. 163.3175, is exempt from |
| 11168 | this section. |
| 11169 | (o) Any self-storage warehousing that does not allow |
| 11170 | retail or other services is exempt from this section. |
| 11171 | (p) Any proposed nursing home or assisted living facility |
| 11172 | is exempt from this section. |
| 11173 | (q) Any development identified in an airport master plan |
| 11174 | and adopted into the comprehensive plan pursuant to s. |
| 11175 | 163.3177(6)(k) is exempt from this section. |
| 11176 | (r) Any development identified in a campus master plan and |
| 11177 | adopted pursuant to s. 1013.30 is exempt from this section. |
| 11178 | (s) Any development in a specific area plan which is |
| 11179 | prepared pursuant to s. 163.3245 and adopted into the |
| 11180 | comprehensive plan is exempt from this section. |
| 11181 | (t) Any development within a county with a research and |
| 11182 | education authority created by special act and that is also |
| 11183 | within a research and development park that is operated or |
| 11184 | managed by a research and development authority pursuant to part |
| 11185 | V of chapter 159 is exempt from this section. |
| 11186 |
|
| 11187 | If a use is exempt from review as a development of regional |
| 11188 | impact under paragraphs (a)-(s), but will be part of a larger |
| 11189 | project that is subject to review as a development of regional |
| 11190 | impact, the impact of the exempt use must be included in the |
| 11191 | review of the larger project, unless such exempt use involves a |
| 11192 | development of regional impact that includes a landowner, |
| 11193 | tenant, or user that has entered into a funding agreement with |
| 11194 | the Department of Economic Opportunity Office of Tourism, Trade, |
| 11195 | and Economic Development under the Innovation Incentive Program |
| 11196 | and the agreement contemplates a state award of at least $50 |
| 11197 | million. |
| 11198 | Section 169. Paragraph (e) of subsection (1) of section |
| 11199 | 381.0054, Florida Statutes, is amended to read: |
| 11200 | 381.0054 Healthy lifestyles promotion.- |
| 11201 | (1) The Department of Health shall promote healthy |
| 11202 | lifestyles to reduce the prevalence of excess weight gain and |
| 11203 | obesity in Florida by implementing appropriate physical activity |
| 11204 | and nutrition programs that are directed towards all Floridians |
| 11205 | by: |
| 11206 | (e) Partnering with the Department of Education, school |
| 11207 | districts, and Enterprise Florida, Inc., the Florida Sports |
| 11208 | Foundation to develop a program that recognizes schools whose |
| 11209 | students demonstrate excellent physical fitness or fitness |
| 11210 | improvement. |
| 11211 | Section 170. Paragraphs (c), (d), and (e) of subsection |
| 11212 | (2), paragraphs (b) and (c) of subsection (3), and subsections |
| 11213 | (4), (15), (17), and (18) of section 403.973, Florida Statutes, |
| 11214 | are amended to read: |
| 11215 | 403.973 Expedited permitting; amendments to comprehensive |
| 11216 | plans.- |
| 11217 | (2) As used in this section, the term: |
| 11218 | (c) "Office" means the Office of Tourism, Trade, and |
| 11219 | Economic Development. |
| 11220 | (c)(d) "Permit applications" means state permits and |
| 11221 | licenses, and at the option of a participating local government, |
| 11222 | local development permits or orders. |
| 11223 | (d)(e) "Secretary" means the Secretary of Environmental |
| 11224 | Protection or his or her designee. |
| 11225 | (3) |
| 11226 | (b) On a case-by-case basis and at the request of a county |
| 11227 | or municipal government, the Department of Economic Opportunity |
| 11228 | office may certify as eligible for expedited review a project |
| 11229 | not meeting the minimum job creation thresholds but creating a |
| 11230 | minimum of 10 jobs. The recommendation from the governing body |
| 11231 | of the county or municipality in which the project may be |
| 11232 | located is required in order for the Department of Economic |
| 11233 | Opportunity office to certify that any project is eligible for |
| 11234 | expedited review under this paragraph. When considering projects |
| 11235 | that do not meet the minimum job creation thresholds but that |
| 11236 | are recommended by the governing body in which the project may |
| 11237 | be located, the Department of Economic Opportunity office shall |
| 11238 | consider economic impact factors that include, but are not |
| 11239 | limited to: |
| 11240 | 1. The proposed wage and skill levels relative to those |
| 11241 | existing in the area in which the project may be located; |
| 11242 | 2. The project's potential to diversify and strengthen the |
| 11243 | area's economy; |
| 11244 | 3. The amount of capital investment; and |
| 11245 | 4. The number of jobs that will be made available for |
| 11246 | persons served by the welfare transition program. |
| 11247 | (c) At the request of a county or municipal government, |
| 11248 | the Department of Economic Opportunity office or a Quick |
| 11249 | Permitting County may certify projects located in counties where |
| 11250 | the ratio of new jobs per participant in the welfare transition |
| 11251 | program, as determined by Workforce Florida, Inc., is less than |
| 11252 | one or otherwise critical, as eligible for the expedited |
| 11253 | permitting process. Such projects must meet the numerical job |
| 11254 | creation criteria of this subsection, but the jobs created by |
| 11255 | the project do not have to be high-wage jobs that diversify the |
| 11256 | state's economy. |
| 11257 | (4) The regional teams shall be established through the |
| 11258 | execution of memoranda of agreement developed by the applicant |
| 11259 | and the secretary, with input solicited from the Department of |
| 11260 | Economic Opportunity office and the respective heads of the |
| 11261 | Department of Community Affairs, the Department of |
| 11262 | Transportation and its district offices, the Department of |
| 11263 | Agriculture and Consumer Services, the Fish and Wildlife |
| 11264 | Conservation Commission, appropriate regional planning councils, |
| 11265 | appropriate water management districts, and voluntarily |
| 11266 | participating municipalities and counties. The memoranda of |
| 11267 | agreement should also accommodate participation in this |
| 11268 | expedited process by other local governments and federal |
| 11269 | agencies as circumstances warrant. |
| 11270 | (15) The Department of Economic Opportunity office, |
| 11271 | working with the agencies providing cooperative assistance and |
| 11272 | input regarding the memoranda of agreement, shall review sites |
| 11273 | proposed for the location of facilities eligible for the |
| 11274 | Innovation Incentive Program under s. 288.1089. Within 20 days |
| 11275 | after the request for the review by the Department of Economic |
| 11276 | Opportunity office, the agencies shall provide to the Department |
| 11277 | of Economic Opportunity office a statement as to each site's |
| 11278 | necessary permits under local, state, and federal law and an |
| 11279 | identification of significant permitting issues, which if |
| 11280 | unresolved, may result in the denial of an agency permit or |
| 11281 | approval or any significant delay caused by the permitting |
| 11282 | process. |
| 11283 | (17) The Department of Economic Opportunity office shall |
| 11284 | be responsible for certifying a business as eligible for |
| 11285 | undergoing expedited review under this section. Enterprise |
| 11286 | Florida, Inc., a county or municipal government, or the Rural |
| 11287 | Economic Development Initiative may recommend to the Department |
| 11288 | of Economic Opportunity Office of Tourism, Trade, and Economic |
| 11289 | Development that a project meeting the minimum job creation |
| 11290 | threshold undergo expedited review. |
| 11291 | (18) The Department of Economic Opportunity office, |
| 11292 | working with the Rural Economic Development Initiative and the |
| 11293 | agencies participating in the memoranda of agreement, shall |
| 11294 | provide technical assistance in preparing permit applications |
| 11295 | and local comprehensive plan amendments for counties having a |
| 11296 | population of fewer than 75,000 residents, or counties having |
| 11297 | fewer than 125,000 residents which are contiguous to counties |
| 11298 | having fewer than 75,000 residents. Additional assistance may |
| 11299 | include, but not be limited to, guidance in land development |
| 11300 | regulations and permitting processes, working cooperatively with |
| 11301 | state, regional, and local entities to identify areas within |
| 11302 | these counties which may be suitable or adaptable for |
| 11303 | preclearance review of specified types of land uses and other |
| 11304 | activities requiring permits. |
| 11305 | Section 171. Paragraph (b) of subsection (2) of section |
| 11306 | 440.45, Florida Statutes, is amended to read: |
| 11307 | 440.45 Office of the Judges of Compensation Claims.- |
| 11308 | (2) |
| 11309 | (b) Except as provided in paragraph (c), the Governor |
| 11310 | shall appoint a judge of compensation claims from a list of |
| 11311 | three persons nominated by a statewide nominating commission. |
| 11312 | The statewide nominating commission shall be composed of the |
| 11313 | following: |
| 11314 | 1. Five members, at least one of whom must be a member of |
| 11315 | a minority group as defined in s. 288.703(3), one of each who |
| 11316 | resides in each of the territorial jurisdictions of the district |
| 11317 | courts of appeal, appointed by the Board of Governors of The |
| 11318 | Florida Bar from among The Florida Bar members who are engaged |
| 11319 | in the practice of law. On July 1, 1999, the term of office of |
| 11320 | each person appointed by the Board of Governors of The Florida |
| 11321 | Bar to the commission expires. The Board of Governors shall |
| 11322 | appoint members who reside in the odd-numbered district court of |
| 11323 | appeal jurisdictions to 4-year terms each, beginning July 1, |
| 11324 | 1999, and members who reside in the even-numbered district court |
| 11325 | of appeal jurisdictions to 2-year terms each, beginning July 1, |
| 11326 | 1999. Thereafter, each member shall be appointed for a 4-year |
| 11327 | term; |
| 11328 | 2. Five electors, at least one of whom must be a member of |
| 11329 | a minority group as defined in s. 288.703(3), one of each who |
| 11330 | resides in each of the territorial jurisdictions of the district |
| 11331 | courts of appeal, appointed by the Governor. On July 1, 1999, |
| 11332 | the term of office of each person appointed by the Governor to |
| 11333 | the commission expires. The Governor shall appoint members who |
| 11334 | reside in the odd-numbered district court of appeal |
| 11335 | jurisdictions to 2-year terms each, beginning July 1, 1999, and |
| 11336 | members who reside in the even-numbered district court of appeal |
| 11337 | jurisdictions to 4-year terms each, beginning July 1, 1999. |
| 11338 | Thereafter, each member shall be appointed for a 4-year term; |
| 11339 | and |
| 11340 | 3. Five electors, at least one of whom must be a member of |
| 11341 | a minority group as defined in s. 288.703(3), one of each who |
| 11342 | resides in the territorial jurisdictions of the district courts |
| 11343 | of appeal, selected and appointed by a majority vote of the |
| 11344 | other 10 members of the commission. On October 1, 1999, the term |
| 11345 | of office of each person appointed to the commission by its |
| 11346 | other members expires. A majority of the other members of the |
| 11347 | commission shall appoint members who reside in the odd-numbered |
| 11348 | district court of appeal jurisdictions to 2-year terms each, |
| 11349 | beginning October 1, 1999, and members who reside in the even- |
| 11350 | numbered district court of appeal jurisdictions to 4-year terms |
| 11351 | each, beginning October 1, 1999. Thereafter, each member shall |
| 11352 | be appointed for a 4-year term. |
| 11353 |
|
| 11354 | A vacancy occurring on the commission shall be filled by the |
| 11355 | original appointing authority for the unexpired balance of the |
| 11356 | term. No attorney who appears before any judge of compensation |
| 11357 | claims more than four times a year is eligible to serve on the |
| 11358 | statewide nominating commission. The meetings and determinations |
| 11359 | of the nominating commission as to the judges of compensation |
| 11360 | claims shall be open to the public. |
| 11361 | Section 172. Subsection (1), paragraph (a) of subsection |
| 11362 | (3), and subsection (6) of section 473.3065, Florida Statutes, |
| 11363 | are amended to read: |
| 11364 | 473.3065 Certified Public Accountant Education Minority |
| 11365 | Assistance Program; advisory council.- |
| 11366 | (1) The Certified Public Accountant Education Minority |
| 11367 | Assistance Program for Florida residents is hereby established |
| 11368 | in the division for the purpose of providing scholarships to |
| 11369 | minority persons, as defined in s. 288.703(3), who are students |
| 11370 | enrolled in their fifth year of an accounting education program |
| 11371 | at an institution in this state approved by the board by rule. A |
| 11372 | Certified Public Accountant Education Minority Assistance |
| 11373 | Advisory Council shall assist the board in administering the |
| 11374 | program. |
| 11375 | (3) The board shall adopt rules as necessary for |
| 11376 | administration of the program, including rules relating to the |
| 11377 | following: |
| 11378 | (a) Eligibility criteria for receipt of a scholarship, |
| 11379 | which, at a minimum, shall include the following factors: |
| 11380 | 1. Financial need. |
| 11381 | 2. Ethnic, gender, or racial minority status pursuant to |
| 11382 | s. 288.703(4)(3). |
| 11383 | 3. Scholastic ability and performance. |
| 11384 | (6) There is hereby created the Certified Public |
| 11385 | Accountant Education Minority Assistance Advisory Council to |
| 11386 | assist the board in administering the program. The council shall |
| 11387 | be diverse and representative of the gender, ethnic, and racial |
| 11388 | categories set forth in s. 288.703(4)(3). |
| 11389 | (a) The council shall consist of five licensed Florida- |
| 11390 | certified public accountants selected by the board, of whom one |
| 11391 | shall be a board member who serves as chair of the council, one |
| 11392 | shall be a representative of the National Association of Black |
| 11393 | Accountants, one shall be a representative of the Cuban American |
| 11394 | CPA Association, and two shall be selected at large. At least |
| 11395 | one member of the council must be a woman. |
| 11396 | (b) The board shall determine the terms for initial |
| 11397 | appointments and appointments thereafter. |
| 11398 | (c) Any vacancy on the council shall be filled in the |
| 11399 | manner provided for the selection of the initial member. Any |
| 11400 | member appointed to fill a vacancy of an unexpired term shall be |
| 11401 | appointed for the remainder of that term. |
| 11402 | (d) Three consecutive absences or absences constituting 50 |
| 11403 | percent or more of the council's meetings within any 12-month |
| 11404 | period shall cause the council membership of the member in |
| 11405 | question to become void, and the position shall be considered |
| 11406 | vacant. |
| 11407 | (e) The members of the council shall serve without |
| 11408 | compensation, and any necessary and actual expenses incurred by |
| 11409 | a member while engaged in the business of the council shall be |
| 11410 | borne by such member or by the organization or agency such |
| 11411 | member represents. However, the council member who is a member |
| 11412 | of the board shall be compensated in accordance with the |
| 11413 | provisions of ss. 455.207(4) and 112.061. |
| 11414 | Section 173. Section 570.96, Florida Statutes, is amended |
| 11415 | to read: |
| 11416 | 570.96 Agritourism.-The Department of Agriculture and |
| 11417 | Consumer Services may provide marketing advice, technical |
| 11418 | expertise, promotional support, and product development related |
| 11419 | to agritourism to assist the following in their agritourism |
| 11420 | initiatives: Enterprise Florida, Inc. the Florida Commission on |
| 11421 | Tourism; convention and visitor bureaus; tourist development |
| 11422 | councils; economic development organizations; and local |
| 11423 | governments. In carrying out this responsibility, the department |
| 11424 | shall focus its agritourism efforts on rural and urban |
| 11425 | communities. |
| 11426 | Section 174. Subsection (1) of section 597.006, Florida |
| 11427 | Statutes, is amended to read: |
| 11428 | 597.006 Aquaculture Interagency Coordinating Council.- |
| 11429 | (1) CREATION.-The Legislature finds and declares that |
| 11430 | there is a need for interagency coordination with regard to |
| 11431 | aquaculture by the following agencies: the Department of |
| 11432 | Agriculture and Consumer Services; the Department of Economic |
| 11433 | Opportunity Office of Tourism, Trade, and Economic Development; |
| 11434 | the Department of Community Affairs; the Department of |
| 11435 | Environmental Protection; the Department of Labor and Employment |
| 11436 | Security; the Fish and Wildlife Conservation Commission; the |
| 11437 | statewide consortium of universities under the Florida Institute |
| 11438 | of Oceanography; Florida Agricultural and Mechanical University; |
| 11439 | the Institute of Food and Agricultural Sciences at the |
| 11440 | University of Florida; and the Florida Sea Grant Program. It is |
| 11441 | therefore the intent of the Legislature to hereby create an |
| 11442 | Aquaculture Interagency Coordinating Council to act as an |
| 11443 | advisory body as defined in s. 20.03(9). |
| 11444 | Section 175. Paragraph (d) of subsection (1), paragraphs |
| 11445 | (d) and (e) of subsection (2), paragraph (a) of subsection (4), |
| 11446 | and subsection (5) of section 624.5105, Florida Statutes, are |
| 11447 | amended to read: |
| 11448 | 624.5105 Community contribution tax credit; authorization; |
| 11449 | limitations; eligibility and application requirements; |
| 11450 | administration; definitions; expiration.- |
| 11451 | (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.- |
| 11452 | (d) Each proposal for the granting of such tax credit |
| 11453 | requires the prior approval of the Governor, through the |
| 11454 | Department of Economic Opportunity director. |
| 11455 | (2) ELIGIBILITY REQUIREMENTS.- |
| 11456 | (d) The project shall be located in an area designated as |
| 11457 | an enterprise zone or a Front Porch Community pursuant to s. |
| 11458 | 20.18(6). Any project designed to construct or rehabilitate |
| 11459 | housing for low-income or very-low-income households as defined |
| 11460 | in s. 420.9071(19) and (28) is exempt from the area requirement |
| 11461 | of this paragraph. |
| 11462 | (e)1. If, during the first 10 business days of the state |
| 11463 | fiscal year, eligible tax credit applications for projects that |
| 11464 | provide homeownership opportunities for low-income or very-low- |
| 11465 | income households as defined in s. 420.9071(19) and (28) are |
| 11466 | received for less than the annual tax credits available for |
| 11467 | those projects, the Governor, through the Department of Economic |
| 11468 | Opportunity, Office of Tourism, Trade, and Economic Development |
| 11469 | shall grant tax credits for those applications and shall grant |
| 11470 | remaining tax credits on a first-come, first-served basis for |
| 11471 | any subsequent eligible applications received before the end of |
| 11472 | the state fiscal year. If, during the first 10 business days of |
| 11473 | the state fiscal year, eligible tax credit applications for |
| 11474 | projects that provide homeownership opportunities for low-income |
| 11475 | or very-low-income households as defined in s. 420.9071(19) and |
| 11476 | (28) are received for more than the annual tax credits available |
| 11477 | for those projects, the Governor, through the Department of |
| 11478 | Economic Opportunity, office shall grant the tax credits for |
| 11479 | those applications as follows: |
| 11480 | a. If tax credit applications submitted for approved |
| 11481 | projects of an eligible sponsor do not exceed $200,000 in total, |
| 11482 | the credits shall be granted in full if the tax credit |
| 11483 | applications are approved. |
| 11484 | b. If tax credit applications submitted for approved |
| 11485 | projects of an eligible sponsor exceed $200,000 in total, the |
| 11486 | amount of tax credits granted under sub-subparagraph a. shall be |
| 11487 | subtracted from the amount of available tax credits, and the |
| 11488 | remaining credits shall be granted to each approved tax credit |
| 11489 | application on a pro rata basis. |
| 11490 | 2. If, during the first 10 business days of the state |
| 11491 | fiscal year, eligible tax credit applications for projects other |
| 11492 | than those that provide homeownership opportunities for low- |
| 11493 | income or very-low-income households as defined in s. |
| 11494 | 420.9071(19) and (28) are received for less than the annual tax |
| 11495 | credits available for those projects, the Governor, through the |
| 11496 | Department of Economic Opportunity, office shall grant tax |
| 11497 | credits for those applications and shall grant remaining tax |
| 11498 | credits on a first-come, first-served basis for any subsequent |
| 11499 | eligible applications received before the end of the state |
| 11500 | fiscal year. If, during the first 10 business days of the state |
| 11501 | fiscal year, eligible tax credit applications for projects other |
| 11502 | than those that provide homeownership opportunities for low- |
| 11503 | income or very-low-income households as defined in s. |
| 11504 | 420.9071(19) and (28) are received for more than the annual tax |
| 11505 | credits available for those projects, the Governor, through the |
| 11506 | Department of Economic Opportunity, office shall grant the tax |
| 11507 | credits for those applications on a pro rata basis. |
| 11508 | (4) ADMINISTRATION.- |
| 11509 | (a)1. The Department of Economic Opportunity may Office of |
| 11510 | Tourism, Trade, and Economic Development is authorized to adopt |
| 11511 | all rules necessary to administer this section, including rules |
| 11512 | for the approval or disapproval of proposals by insurers. |
| 11513 | 2. The Governor's decision of the director shall be in |
| 11514 | writing, and, if approved, the proposal shall state the maximum |
| 11515 | credit allowable to the insurer. A copy of the Governor's |
| 11516 | decision shall be transmitted to the executive director of the |
| 11517 | Department of Revenue, who shall apply such credit to the tax |
| 11518 | liability of the insurer. |
| 11519 | 3. The Department of Economic Opportunity office shall |
| 11520 | monitor all projects periodically, in a manner consistent with |
| 11521 | available resources to ensure that resources are utilized in |
| 11522 | accordance with this section; however, each project shall be |
| 11523 | reviewed no less frequently than once every 2 years. |
| 11524 | 4. The Department of Economic Opportunity Office of |
| 11525 | Tourism, Trade, and Economic Development shall, in consultation |
| 11526 | with the Department of Community Affairs, the Florida Housing |
| 11527 | Finance Corporation, and the statewide and regional housing and |
| 11528 | financial intermediaries, market the availability of the |
| 11529 | community contribution tax credit program to community-based |
| 11530 | organizations. |
| 11531 | (5) DEFINITIONS.-As used in For the purpose of this |
| 11532 | section, the term: |
| 11533 | (a) "Community contribution" means the grant by an insurer |
| 11534 | of any of the following items: |
| 11535 | 1. Cash or other liquid assets. |
| 11536 | 2. Real property. |
| 11537 | 3. Goods or inventory. |
| 11538 | 4. Other physical resources which are identified by the |
| 11539 | department. |
| 11540 | (b) "Director" means the director of the Office of |
| 11541 | Tourism, Trade, and Economic Development. |
| 11542 | (b)(c) "Local government" means any county or incorporated |
| 11543 | municipality in the state. |
| 11544 | (d) "Office" means the Office of Tourism, Trade, and |
| 11545 | Economic Development. |
| 11546 | (c)(e) "Project" means an activity as defined in s. |
| 11547 | 220.03(1)(t). |
| 11548 | Section 176. Subsection (7) of section 627.3511, Florida |
| 11549 | Statutes, is amended to read: |
| 11550 | 627.3511 Depopulation of Citizens Property Insurance |
| 11551 | Corporation.- |
| 11552 | (7) A minority business, which is at least 51 percent |
| 11553 | owned by minority persons as described in s. 288.703(3), |
| 11554 | desiring to operate or become licensed as a property and |
| 11555 | casualty insurer may exempt up to $50 of the escrow requirements |
| 11556 | of the take-out bonus, as described in this section. Such |
| 11557 | minority business, which has applied for a certificate of |
| 11558 | authority to engage in business as a property and casualty |
| 11559 | insurer, may simultaneously file the business' proposed take-out |
| 11560 | plan, as described in this section, with the corporation. |
| 11561 | Section 177. Subsection (1) of section 641.217, Florida |
| 11562 | Statutes, is amended to read: |
| 11563 | 641.217 Minority recruitment and retention plans |
| 11564 | required.- |
| 11565 | (1) Any entity contracting with the Agency for Health Care |
| 11566 | Administration to provide health care services to Medicaid |
| 11567 | recipients or state employees on a prepaid or fixed-sum basis |
| 11568 | must submit to the Agency for Health Care Administration the |
| 11569 | entity's plan for recruitment and retention of health care |
| 11570 | practitioners who are minority persons minorities as defined in |
| 11571 | s. 288.703(3). The plan must demonstrate an ability to recruit |
| 11572 | and retain minority persons minorities which shall include, but |
| 11573 | is not limited to, the following efforts: |
| 11574 | (a) Establishing and maintaining contacts with various |
| 11575 | organizations representing the interests and concerns of |
| 11576 | minority constituencies to seek advice and assistance. |
| 11577 | (b) Identifying and recruiting at colleges and |
| 11578 | universities which primarily serve minority students. |
| 11579 | (c) Reviewing and analyzing the organization's workforce |
| 11580 | as to minority representation. |
| 11581 | (d) Other factors identified by the Agency for Health Care |
| 11582 | Administration by rule. |
| 11583 | Section 178. Paragraph (b) of subsection (4) of section |
| 11584 | 657.042, Florida Statutes, is amended to read: |
| 11585 | 657.042 Investment powers and limitations.-A credit union |
| 11586 | may invest its funds subject to the following definitions, |
| 11587 | restrictions, and limitations: |
| 11588 | (4) INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF |
| 11589 | CAPITAL OF THE CREDIT UNION.-Up to 1 percent of the capital of |
| 11590 | the credit union may be invested in any of the following: |
| 11591 | (b) Any capital participation instrument or evidence of |
| 11592 | indebtedness issued by Enterprise Florida, Inc., the Florida |
| 11593 | Black Business Investment Board pursuant to the Florida Small |
| 11594 | and Minority Business Assistance Act. |
| 11595 | Section 179. Paragraph (g) of subsection (4) of section |
| 11596 | 658.67, Florida Statutes, is amended to read: |
| 11597 | 658.67 Investment powers and limitations.-A bank may |
| 11598 | invest its funds, and a trust company may invest its corporate |
| 11599 | funds, subject to the following definitions, restrictions, and |
| 11600 | limitations: |
| 11601 | (4) INVESTMENTS SUBJECT TO LIMITATION OF TEN PERCENT OR |
| 11602 | LESS OF CAPITAL ACCOUNTS.- |
| 11603 | (g) Up to 10 percent of the capital accounts of a bank or |
| 11604 | trust company may be invested in any capital participation |
| 11605 | instrument or evidence of indebtedness issued by the Enterprise |
| 11606 | Florida, Inc., Florida Black Business Investment Board pursuant |
| 11607 | to the Florida Small and Minority Business Assistance Act. |
| 11608 | Section 180. Subsections (2) and (3) of section 1003.492, |
| 11609 | Florida Statutes, are amended to read: |
| 11610 | 1003.492 Industry-certified career education programs.- |
| 11611 | (2) The State Board of Education shall use the expertise |
| 11612 | of Workforce Florida, Inc., and Enterprise Florida, Inc., to |
| 11613 | develop and adopt rules pursuant to ss. 120.536(1) and 120.54 |
| 11614 | for implementing an industry certification process. Industry |
| 11615 | certification shall be defined by the Department of Economic |
| 11616 | Opportunity Agency for Workforce Innovation, based upon the |
| 11617 | highest available national standards for specific industry |
| 11618 | certification, to ensure student skill proficiency and to |
| 11619 | address emerging labor market and industry trends. A regional |
| 11620 | workforce board or a career and professional academy may apply |
| 11621 | to Workforce Florida, Inc., to request additions to the approved |
| 11622 | list of industry certifications based on high-demand job |
| 11623 | requirements in the regional economy. The list of industry |
| 11624 | certifications approved by Workforce Florida, Inc., and the |
| 11625 | Department of Education shall be published and updated annually |
| 11626 | by a date certain, to be included in the adopted rule. |
| 11627 | (3) The Department of Education shall collect student |
| 11628 | achievement and performance data in industry-certified career |
| 11629 | education programs and shall work with Workforce Florida, Inc., |
| 11630 | and Enterprise Florida, Inc., in the analysis of collected data. |
| 11631 | The data collection and analyses shall examine the performance |
| 11632 | of participating students over time. Performance factors shall |
| 11633 | include, but not be limited to, graduation rates, retention |
| 11634 | rates, Florida Bright Futures Scholarship awards, additional |
| 11635 | educational attainment, employment records, earnings, industry |
| 11636 | certification, and employer satisfaction. The results of this |
| 11637 | study shall be submitted to the President of the Senate and the |
| 11638 | Speaker of the House of Representatives annually by December 31. |
| 11639 | Section 181. Paragraphs (f) and (k) of subsection (4) of |
| 11640 | section 1003.493, Florida Statutes, are amended to read: |
| 11641 | 1003.493 Career and professional academies.- |
| 11642 | (4) Each career and professional academy must: |
| 11643 | (f) Provide instruction in careers designated as high |
| 11644 | growth, high demand, and high pay by the local workforce |
| 11645 | development board, the chamber of commerce, or the Department of |
| 11646 | Economic Opportunity Agency for Workforce Innovation. |
| 11647 | (k) Include an evaluation plan developed jointly with the |
| 11648 | Department of Education and the local workforce board. The |
| 11649 | evaluation plan must include an assessment tool based on |
| 11650 | national industry standards, such as the Career Academy National |
| 11651 | Standards of Practice, and outcome measures, including, but not |
| 11652 | limited to, achievement of national industry certifications |
| 11653 | identified in the Industry Certification Funding List, pursuant |
| 11654 | to rules adopted by the State Board of Education, graduation |
| 11655 | rates, enrollment in postsecondary education, business and |
| 11656 | industry satisfaction, employment and earnings, awards of |
| 11657 | postsecondary credit and scholarships, and student achievement |
| 11658 | levels and learning gains on statewide assessments administered |
| 11659 | under s. 1008.22(3)(c). The Department of Education shall use |
| 11660 | Workforce Florida, Inc., and Enterprise Florida, Inc., in |
| 11661 | identifying industry experts to participate in developing and |
| 11662 | implementing such assessments. |
| 11663 | Section 182. Paragraph (c) of subsection (5) of section |
| 11664 | 1004.226, Florida Statutes, is amended to read: |
| 11665 | 1004.226 The 21st Century Technology, Research, and |
| 11666 | Scholarship Enhancement Act.- |
| 11667 | (5) THE 21ST CENTURY WORLD CLASS SCHOLARS PROGRAM.- |
| 11668 | (c) The board, in consultation with senior administrators |
| 11669 | of state universities, state university foundation directors, |
| 11670 | the Department of Economic Opportunity Office of Tourism, Trade, |
| 11671 | and Economic Development, the board of directors of Enterprise |
| 11672 | Florida, Inc., and leading members of private industry, shall |
| 11673 | develop and recommend to the Board of Governors criteria for the |
| 11674 | 21st Century World Class Scholars Program. Such criteria shall |
| 11675 | address, at a minimum, the following: |
| 11676 | 1. The presence of distinguished faculty members, |
| 11677 | including whether the university has a substantial history of |
| 11678 | external funding, along with the strong potential for attracting |
| 11679 | a scholar of national or international eminence. |
| 11680 | 2. The presence of academically outstanding students, |
| 11681 | along with the promise and potential for attracting additional |
| 11682 | highly qualified students. |
| 11683 | 3. The presence of adequate research and scholarly support |
| 11684 | services. |
| 11685 | 4. The existence of an academic environment having |
| 11686 | appropriate infrastructure, including buildings, classrooms, |
| 11687 | libraries, laboratories, and specialized equipment, that is |
| 11688 | conducive to the conduct of the highest quality of scholarship |
| 11689 | and research. |
| 11690 | 5. The demonstration of concordance with Florida's |
| 11691 | strategic plan for economic development or an emphasis on one or |
| 11692 | more emerging sciences or technologies that could favorably |
| 11693 | impact the state's economic future. |
| 11694 | Section 183. Paragraph (a) of subsection (4) of section |
| 11695 | 1004.435, Florida Statutes, is amended to read: |
| 11696 | 1004.435 Cancer control and research.- |
| 11697 | (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL; |
| 11698 | CREATION; COMPOSITION.- |
| 11699 | (a) There is created within the H. Lee Moffitt Cancer |
| 11700 | Center and Research Institute, Inc., the Florida Cancer Control |
| 11701 | and Research Advisory Council. The council shall consist of 34 |
| 11702 | members, which includes the chairperson, all of whom must be |
| 11703 | residents of this state. All members, except those appointed by |
| 11704 | the Speaker of the House of Representatives and the President of |
| 11705 | the Senate, must be appointed by the Governor. At least one of |
| 11706 | the members appointed by the Governor must be 60 years of age or |
| 11707 | older. One member must be a representative of the American |
| 11708 | Cancer Society; one member must be a representative of the |
| 11709 | Florida Tumor Registrars Association; one member must be a |
| 11710 | representative of the Sylvester Comprehensive Cancer Center of |
| 11711 | the University of Miami; one member must be a representative of |
| 11712 | the Department of Health; one member must be a representative of |
| 11713 | the University of Florida Shands Cancer Center; one member must |
| 11714 | be a representative of the Agency for Health Care |
| 11715 | Administration; one member must be a representative of the |
| 11716 | Florida Nurses Association; one member must be a representative |
| 11717 | of the Florida Osteopathic Medical Association; one member must |
| 11718 | be a representative of the American College of Surgeons; one |
| 11719 | member must be a representative of the School of Medicine of the |
| 11720 | University of Miami; one member must be a representative of the |
| 11721 | College of Medicine of the University of Florida; one member |
| 11722 | must be a representative of NOVA Southeastern College of |
| 11723 | Osteopathic Medicine; one member must be a representative of the |
| 11724 | College of Medicine of the University of South Florida; one |
| 11725 | member must be a representative of the College of Public Health |
| 11726 | of the University of South Florida; one member must be a |
| 11727 | representative of the Florida Society of Clinical Oncology; one |
| 11728 | member must be a representative of the Florida Obstetric and |
| 11729 | Gynecologic Society who has had training in the specialty of |
| 11730 | gynecologic oncology; one member must be a representative of the |
| 11731 | Florida Medical Association; one member must be a member of the |
| 11732 | Florida Pediatric Society; one member must be a representative |
| 11733 | of the Florida Radiological Society; one member must be a |
| 11734 | representative of the Florida Society of Pathologists; one |
| 11735 | member must be a representative of the H. Lee Moffitt Cancer |
| 11736 | Center and Research Institute, Inc.; three members must be |
| 11737 | representatives of the general public acting as consumer |
| 11738 | advocates; one member must be a member of the House of |
| 11739 | Representatives appointed by the Speaker of the House of |
| 11740 | Representatives; one member must be a member of the Senate |
| 11741 | appointed by the President of the Senate; one member must be a |
| 11742 | representative of the Florida Dental Association; one member |
| 11743 | must be a representative of the Florida Hospital Association; |
| 11744 | one member must be a representative of the Association of |
| 11745 | Community Cancer Centers; one member shall be a representative |
| 11746 | from a statutory teaching hospital affiliated with a community- |
| 11747 | based cancer center; one member must be a representative of the |
| 11748 | Florida Association of Pediatric Tumor Programs, Inc.; one |
| 11749 | member must be a representative of the Cancer Information |
| 11750 | Service; one member must be a representative of the Florida |
| 11751 | Agricultural and Mechanical University Institute of Public |
| 11752 | Health; and one member must be a representative of the Florida |
| 11753 | Society of Oncology Social Workers. Of the members of the |
| 11754 | council appointed by the Governor, at least 10 must be |
| 11755 | individuals who are minority persons as defined by s. |
| 11756 | 288.703(3). |
| 11757 | Section 184. Sections 216.235, 216.236, 216.237, and |
| 11758 | 216.238, Florida Statutes, are repealed. |
| 11759 | Section 185. Section 287.115, Florida Statutes, is |
| 11760 | repealed. |
| 11761 | Section 186. Section 288.038, Florida Statutes, is |
| 11762 | repealed. |
| 11763 | Section 187. Section 288.12295, Florida Statutes, is |
| 11764 | repealed. |
| 11765 | Section 188. Section 288.386, Florida Statutes, is |
| 11766 | repealed. |
| 11767 | Section 189. Section 288.7011, Florida Statutes, is |
| 11768 | repealed. |
| 11769 | Section 190. Section 288.90151, Florida Statutes, is |
| 11770 | repealed. |
| 11771 | Section 191. Section 288.9415, Florida Statutes, is |
| 11772 | repealed. |
| 11773 | Section 192. Section 288.9618, Florida Statutes, is |
| 11774 | repealed. |
| 11775 | Section 193. Section 288.982, Florida Statutes, is |
| 11776 | repealed. |
| 11777 | Section 194. Section 373.461, Florida Statutes, is |
| 11778 | repealed. |
| 11779 | Section 195. Section 379.2353, Florida Statutes, is |
| 11780 | repealed. |
| 11781 | Section 196. Sections 409.944, 409.945, and 409.946, |
| 11782 | Florida Statutes, are repealed. |
| 11783 | Section 197. Section 624.4072, Florida Statutes, is |
| 11784 | repealed. |
| 11785 | Section 198. Section 625.3255, Florida Statutes, is |
| 11786 | repealed. |
| 11787 | Section 199. Section 20.18, Florida Statutes, is repealed. |
| 11788 | Section 200. Transfers from the Department of Community |
| 11789 | Affairs.- |
| 11790 | (1) All powers, duties, functions, records, offices, |
| 11791 | personnel, associated administrative support positions, |
| 11792 | property, pending issues, and existing contracts, administrative |
| 11793 | authority, administrative rules, and unexpended balances of |
| 11794 | appropriations, allocations, and other funds relating to the |
| 11795 | following programs in the Department of Community Affairs are |
| 11796 | transferred by a type two transfer, as defined in s. 20.06(2), |
| 11797 | Florida Statutes, as follows: |
| 11798 | (a) The Division of Housing and Community Development is |
| 11799 | transferred to the Department of Economic Opportunity. |
| 11800 | (b) The Division of Community Planning is transferred to |
| 11801 | the Department of Economic Opportunity. |
| 11802 | (c) The Division of Emergency Management is transferred to |
| 11803 | the Executive Office of the Governor. |
| 11804 | (d) The Florida Building Commission is transferred to the |
| 11805 | Department of Business and Professional Regulation. |
| 11806 | (e) The responsibilities under the Florida Communities |
| 11807 | Trust, part III of chapter 380, Florida Statutes, are |
| 11808 | transferred to the Department of Environmental Protection. |
| 11809 | (f) The responsibilities under the Stan Mayfield Working |
| 11810 | Waterfronts Program authorized in s. 380.5105, Florida Statutes, |
| 11811 | are transferred to the Department of Environmental Protection. |
| 11812 | (g) The responsibilities of the Special District |
| 11813 | Information Program under chapter 189, Florida Statutes, are |
| 11814 | transferred to the Department of Financial Services. |
| 11815 | (h) The responsibilities of the Community Services Block |
| 11816 | Grant Programs are transferred to the Department of Children and |
| 11817 | Family Services. |
| 11818 | (2) The following trust funds are transferred: |
| 11819 | (a) From the Department of Community Affairs to the |
| 11820 | Department of Economic Opportunity: |
| 11821 | 1. The State Housing Trust Fund, FLAIR number 52-2-255. |
| 11822 | 2. The Local Government Housing Trust Fund, FLAIR number |
| 11823 | 52-2-250. |
| 11824 | 3. The Florida Small Cities Community Development Block |
| 11825 | Grant Trust Fund, FLAIR number 52-2-109. |
| 11826 | 4. The Federal Grants Trust Fund, FLAIR number 52-2-261. |
| 11827 | 5. The Grants and Donations Trust Fund, FLAIR number 52-2- |
| 11828 | 339. |
| 11829 | 6. The Energy Consumption Trust Fund, FLAIR number 52-2- |
| 11830 | 174. |
| 11831 | 7. The Low-Income Home Energy Assistance Trust Fund, FLAIR |
| 11832 | number 52-2-451. |
| 11833 | (b) From the Department of Community Affairs to the |
| 11834 | Executive Office of the Governor: |
| 11835 | 1. The Emergency Management, Preparedness, and Assistance |
| 11836 | Trust Fund, FLAIR number 52-2-11. |
| 11837 | 2. The U.S. Contributions Trust Fund, FLAIR number 52-2- |
| 11838 | 750. |
| 11839 | 3. The Operating Trust Fund, FLAIR number 52-2-510. |
| 11840 | 4. The Federal Emergency Management Programs Support Trust |
| 11841 | Fund, FLAIR number 52-2-525. |
| 11842 | (c) From the Department of Community Affairs to the |
| 11843 | Department of Environmental Protection: |
| 11844 | 1. The Florida Forever Program Trust Fund, FLAIR number |
| 11845 | 52-2-349. |
| 11846 | 2. The Florida Communities Trust Fund, FLAIR number 52-2- |
| 11847 | 244. |
| 11848 | (d) From the Department of Community Affairs to the |
| 11849 | Department of Children and Family Services, the Community |
| 11850 | Services Block Grant Trust Fund, FLAIR number 52-2-118. |
| 11851 | (3) The Administrative Trust Fund, FLAIR number 52-2-021, |
| 11852 | within the Department of Community Affairs is terminated. All |
| 11853 | current balances remaining in the trust fund on the date of |
| 11854 | termination pursuant to this section shall be transferred to the |
| 11855 | Administrative Trust Fund within the Department of Economic |
| 11856 | Opportunity. |
| 11857 | (4) Any binding contract or interagency agreement existing |
| 11858 | on or before July 1, 2011, between the Department of Community |
| 11859 | Affairs or the Division of Emergency Management, or an entity or |
| 11860 | agent of the department or division, and any other agency, |
| 11861 | entity, or person shall continue as a binding contract or |
| 11862 | agreement for the remainder of the term of such contract or |
| 11863 | agreement with the successor department, agency, or entity |
| 11864 | responsible for the program, activity, or functions relative to |
| 11865 | the contract or agreement. |
| 11866 | (5) All powers, duties, functions, records, offices, |
| 11867 | personnel, property, pending issues, and existing contracts, |
| 11868 | administrative authority, administrative rules, and unexpended |
| 11869 | balances of appropriations, allocations, and other funds |
| 11870 | relating to the Department of Community Affairs, and not |
| 11871 | specifically delineated for transfer within this section are |
| 11872 | transferred by a type two transfer to the Department of Economic |
| 11873 | Opportunity. |
| 11874 | Section 201. Section 14.2016, Florida Statutes, is created |
| 11875 | to read: |
| 11876 | 14.2016 Division of Emergency Management.-The Division of |
| 11877 | Emergency Management is established within the Executive Office |
| 11878 | of the Governor. The division shall be a separate budget entity, |
| 11879 | as provided in the General Appropriations Act, and shall prepare |
| 11880 | and submit a budget request in accordance with chapter 216. The |
| 11881 | division is responsible for all professional, technical, and |
| 11882 | administrative support functions necessary to carry out its |
| 11883 | responsibilities under part I of chapter 252. The head of the |
| 11884 | division is the Director of Emergency Management, who shall be |
| 11885 | appointed by and serve at the pleasure of the Governor. The |
| 11886 | division shall administer programs to apply rapidly all |
| 11887 | available aid to communities stricken by an emergency as defined |
| 11888 | in s. 252.34 and, for this purpose, shall provide liaison with |
| 11889 | federal agencies and other public and private agencies. |
| 11890 | Section 202. Section 163.03, Florida Statutes, is amended |
| 11891 | to read: |
| 11892 | 163.03 Commissioner of Economic Opportunity Secretary of |
| 11893 | Community Affairs; powers and duties; function of Department of |
| 11894 | Economic Opportunity Department of Community Affairs with |
| 11895 | respect to federal grant-in-aid programs.- |
| 11896 | (1) The Commissioner of Economic Opportunity, or his or |
| 11897 | her designee, Secretary of Community Affairs shall: |
| 11898 | (a) Supervise and administer the activities of the |
| 11899 | Department of Economic Opportunity the department and shall |
| 11900 | advise the Governor, the Cabinet, and the Legislature with |
| 11901 | respect to matters affecting community affairs and local |
| 11902 | government and participate in the formulation of policies which |
| 11903 | best use utilize the resources of state government for the |
| 11904 | benefit of local government. |
| 11905 | (b) Render services to local governments by assisting, |
| 11906 | upon request, in applying for and securing federal and state |
| 11907 | funds and by assisting the Executive Office of the Governor in |
| 11908 | coordinating the activities of the state with federal programs |
| 11909 | for assistance in and solution of urban problems. |
| 11910 | (c) Under the direction of the Governor, administer |
| 11911 | programs to apply rapidly all available aid to communities |
| 11912 | stricken by an emergency as defined in s. 252.34(3) and, for |
| 11913 | this purpose, provide liaison with federal agencies and other |
| 11914 | public and private agencies. |
| 11915 | (d) When requested, administer programs which will assist |
| 11916 | the efforts of local governments in developing mutual and |
| 11917 | cooperative solutions to their common problems. |
| 11918 | (e) Conduct programs to encourage and promote the |
| 11919 | involvement of private enterprise in the solution of urban |
| 11920 | problems. |
| 11921 | (f) Conduct continuing programs of analysis and evaluation |
| 11922 | of local governments and recommend to the Governor programs and |
| 11923 | changes in the powers and organization of local government as |
| 11924 | may seem necessary to strengthen local governments. |
| 11925 | (g) Assist the Governor and the Cabinet in coordinating |
| 11926 | and making more effective the activities and services of those |
| 11927 | departments and agencies of the state which may be of service to |
| 11928 | units of local government. |
| 11929 | (h) Provide consultative services and technical assistance |
| 11930 | to local officials in the fields of housing, redevelopment and |
| 11931 | renewal, local public improvement programs, planning and zoning, |
| 11932 | and other local programs and collect and disseminate information |
| 11933 | pertaining thereto, including information concerning federal, |
| 11934 | state, and private assistance programs and services. |
| 11935 | (i) Conduct research and studies, and prepare model |
| 11936 | ordinances and codes relating to the areas referred to herein. |
| 11937 | (j) Cooperate with other state agencies in the preparation |
| 11938 | of statewide plans relating to housing, redevelopment and |
| 11939 | renewal, human resources development, local planning and zoning, |
| 11940 | transportation and traffic, and other matters relating to the |
| 11941 | purposes of this section. |
| 11942 | (k) Accept funds from all sources to be used utilized in |
| 11943 | programs designed to combat juvenile crime, including the making |
| 11944 | of contributions to the National Youth Emergency Corps. |
| 11945 | (l) Be authorized to accept and disburse funds from all |
| 11946 | sources in order to carry out the following programs: |
| 11947 | 1. Advisory and informational services to local |
| 11948 | governments. |
| 11949 | 2. Community development training under Title VIII of the |
| 11950 | Housing Act of 1964. |
| 11951 | 3. Local planning assistance under s. 701 of the Housing |
| 11952 | Act of 1954. |
| 11953 | 4. Statewide planning assistance under s. 701 of the |
| 11954 | Housing Act of 1954. |
| 11955 | 5. Model cities technical assistance under s. 701 of the |
| 11956 | Housing Act of 1954. |
| 11957 | (m) Perform such other functions, duties, or |
| 11958 | responsibilities as may be hereafter assigned to him or her by |
| 11959 | law. |
| 11960 | (2) It is the intent of this section, with respect to |
| 11961 | federal grant-in-aid programs, that the Department of Economic |
| 11962 | Opportunity the department serve as the agency for disseminating |
| 11963 | information to local governments regarding the availability of |
| 11964 | federal grant-in-aid assistance to local governments in their |
| 11965 | efforts to secure federal grant-in-aid assistance, but only upon |
| 11966 | the request of such local governments, and for assisting local |
| 11967 | governments in maintaining liaison and communications with |
| 11968 | federal agencies concerning federal grant-in-aid programs. |
| 11969 | Nothing contained herein shall be construed to require consent, |
| 11970 | approval, or authorization from the Department of Economic |
| 11971 | Opportunity the department as a condition to any application for |
| 11972 | or acceptance of grants-in-aid from the United States |
| 11973 | Government. |
| 11974 | (3) The Department of Economic Opportunity The department |
| 11975 | is authorized to adopt rules implementing the following grant |
| 11976 | programs, which rules shall be consistent with the laws, |
| 11977 | regulations, or guidelines governing the grant to the Department |
| 11978 | of Economic Opportunity the department: |
| 11979 | (a) Criminal justice grant programs administered by the |
| 11980 | Bureau of Criminal Justice Assistance. |
| 11981 | (b) Grants under the federal Outer Continental Shelf |
| 11982 | Program administered by the Bureau of Land and Water Management. |
| 11983 | (a)(c) Federal housing assistance programs. |
| 11984 | (d) Community Services Block Grant programs. |
| 11985 | (e) Federal weatherization grant programs. |
| 11986 | (b)(f) The Jobs Impact Program of the federal Community |
| 11987 | Development Block Grant. |
| 11988 | Section 203. Section 163.3191, Florida Statutes, is |
| 11989 | reenacted and amended to read: |
| 11990 | 163.3191 Evaluation and appraisal of comprehensive plan.- |
| 11991 | (1) The planning program shall be a continuous and ongoing |
| 11992 | process. Each local government shall adopt an evaluation and |
| 11993 | appraisal report once every 7 years assessing the progress in |
| 11994 | implementing the local government's comprehensive plan. |
| 11995 | Furthermore, it is the intent of this section that: |
| 11996 | (a) Adopted comprehensive plans be reviewed through such |
| 11997 | evaluation process to respond to changes in state, regional, and |
| 11998 | local policies on planning and growth management and changing |
| 11999 | conditions and trends, to ensure effective intergovernmental |
| 12000 | coordination, and to identify major issues regarding the |
| 12001 | community's achievement of its goals. |
| 12002 | (b) After completion of the initial evaluation and |
| 12003 | appraisal report and any supporting plan amendments, each |
| 12004 | subsequent evaluation and appraisal report must evaluate the |
| 12005 | comprehensive plan in effect at the time of the initiation of |
| 12006 | the evaluation and appraisal report process. |
| 12007 | (c) Local governments identify the major issues, if |
| 12008 | applicable, with input from state agencies, regional agencies, |
| 12009 | adjacent local governments, and the public in the evaluation and |
| 12010 | appraisal report process. It is also the intent of this section |
| 12011 | to establish minimum requirements for information to ensure |
| 12012 | predictability, certainty, and integrity in the growth |
| 12013 | management process. The report is intended to serve as a summary |
| 12014 | audit of the actions that a local government has undertaken and |
| 12015 | identify changes that it may need to make. The report should be |
| 12016 | based on the local government's analysis of major issues to |
| 12017 | further the community's goals consistent with statewide minimum |
| 12018 | standards. The report is not intended to require a comprehensive |
| 12019 | rewrite of the elements within the local plan, unless a local |
| 12020 | government chooses to do so. |
| 12021 | (2) The report shall present an evaluation and assessment |
| 12022 | of the comprehensive plan and shall contain appropriate |
| 12023 | statements to update the comprehensive plan, including, but not |
| 12024 | limited to, words, maps, illustrations, or other media, related |
| 12025 | to: |
| 12026 | (a) Population growth and changes in land area, including |
| 12027 | annexation, since the adoption of the original plan or the most |
| 12028 | recent update amendments. |
| 12029 | (b) The extent of vacant and developable land. |
| 12030 | (c) The financial feasibility of implementing the |
| 12031 | comprehensive plan and of providing needed infrastructure to |
| 12032 | achieve and maintain adopted level-of-service standards and |
| 12033 | sustain concurrency management systems through the capital |
| 12034 | improvements element, as well as the ability to address |
| 12035 | infrastructure backlogs and meet the demands of growth on public |
| 12036 | services and facilities. |
| 12037 | (d) The location of existing development in relation to |
| 12038 | the location of development as anticipated in the original plan, |
| 12039 | or in the plan as amended by the most recent evaluation and |
| 12040 | appraisal report update amendments, such as within areas |
| 12041 | designated for urban growth. |
| 12042 | (e) An identification of the major issues for the |
| 12043 | jurisdiction and, where pertinent, the potential social, |
| 12044 | economic, and environmental impacts. |
| 12045 | (f) Relevant changes to the state comprehensive plan, the |
| 12046 | requirements of this part, the minimum criteria contained in |
| 12047 | chapter 9J-5, Florida Administrative Code, and the appropriate |
| 12048 | strategic regional policy plan since the adoption of the |
| 12049 | original plan or the most recent evaluation and appraisal report |
| 12050 | update amendments. |
| 12051 | (g) An assessment of whether the plan objectives within |
| 12052 | each element, as they relate to major issues, have been |
| 12053 | achieved. The report shall include, as appropriate, an |
| 12054 | identification as to whether unforeseen or unanticipated changes |
| 12055 | in circumstances have resulted in problems or opportunities with |
| 12056 | respect to major issues identified in each element and the |
| 12057 | social, economic, and environmental impacts of the issue. |
| 12058 | (h) A brief assessment of successes and shortcomings |
| 12059 | related to each element of the plan. |
| 12060 | (i) The identification of any actions or corrective |
| 12061 | measures, including whether plan amendments are anticipated to |
| 12062 | address the major issues identified and analyzed in the report. |
| 12063 | Such identification shall include, as appropriate, new |
| 12064 | population projections, new revised planning timeframes, a |
| 12065 | revised future conditions map or map series, an updated capital |
| 12066 | improvements element, and any new and revised goals, objectives, |
| 12067 | and policies for major issues identified within each element. |
| 12068 | This paragraph shall not require the submittal of the plan |
| 12069 | amendments with the evaluation and appraisal report. |
| 12070 | (j) A summary of the public participation program and |
| 12071 | activities undertaken by the local government in preparing the |
| 12072 | report. |
| 12073 | (k) The coordination of the comprehensive plan with |
| 12074 | existing public schools and those identified in the applicable |
| 12075 | educational facilities plan adopted pursuant to s. 1013.35. The |
| 12076 | assessment shall address, where relevant, the success or failure |
| 12077 | of the coordination of the future land use map and associated |
| 12078 | planned residential development with public schools and their |
| 12079 | capacities, as well as the joint decisionmaking processes |
| 12080 | engaged in by the local government and the school board in |
| 12081 | regard to establishing appropriate population projections and |
| 12082 | the planning and siting of public school facilities. For those |
| 12083 | counties or municipalities that do not have a public schools |
| 12084 | interlocal agreement or public school facilities element, the |
| 12085 | assessment shall determine whether the local government |
| 12086 | continues to meet the criteria of s. 163.3177(12). If the county |
| 12087 | or municipality determines that it no longer meets the criteria, |
| 12088 | it must adopt appropriate school concurrency goals, objectives, |
| 12089 | and policies in its plan amendments pursuant to the requirements |
| 12090 | of the public school facilities element, and enter into the |
| 12091 | existing interlocal agreement required by ss. 163.3177(6)(h)2. |
| 12092 | and 163.31777 in order to fully participate in the school |
| 12093 | concurrency system. |
| 12094 | (l) The extent to which the local government has been |
| 12095 | successful in identifying alternative water supply projects and |
| 12096 | traditional water supply projects, including conservation and |
| 12097 | reuse, necessary to meet the water needs identified in s. |
| 12098 | 373.709(2)(a) within the local government's jurisdiction. The |
| 12099 | report must evaluate the degree to which the local government |
| 12100 | has implemented the work plan for building public, private, and |
| 12101 | regional water supply facilities, including development of |
| 12102 | alternative water supplies, identified in the element as |
| 12103 | necessary to serve existing and new development. |
| 12104 | (m) If any of the jurisdiction of the local government is |
| 12105 | located within the coastal high-hazard area, an evaluation of |
| 12106 | whether any past reduction in land use density impairs the |
| 12107 | property rights of current residents when redevelopment occurs, |
| 12108 | including, but not limited to, redevelopment following a natural |
| 12109 | disaster. The property rights of current residents shall be |
| 12110 | balanced with public safety considerations. The local government |
| 12111 | must identify strategies to address redevelopment feasibility |
| 12112 | and the property rights of affected residents. These strategies |
| 12113 | may include the authorization of redevelopment up to the actual |
| 12114 | built density in existence on the property prior to the natural |
| 12115 | disaster or redevelopment. |
| 12116 | (n) An assessment of whether the criteria adopted pursuant |
| 12117 | to s. 163.3177(6)(a) were successful in achieving compatibility |
| 12118 | with military installations. |
| 12119 | (o) The extent to which a concurrency exception area |
| 12120 | designated pursuant to s. 163.3180(5), a concurrency management |
| 12121 | area designated pursuant to s. 163.3180(7), or a multimodal |
| 12122 | transportation district designated pursuant to s. 163.3180(15) |
| 12123 | has achieved the purpose for which it was created and otherwise |
| 12124 | complies with the provisions of s. 163.3180. |
| 12125 | (p) An assessment of the extent to which changes are |
| 12126 | needed to develop a common methodology for measuring impacts on |
| 12127 | transportation facilities for the purpose of implementing its |
| 12128 | concurrency management system in coordination with the |
| 12129 | municipalities and counties, as appropriate pursuant to s. |
| 12130 | 163.3180(10). |
| 12131 | (3) Voluntary scoping meetings may be conducted by each |
| 12132 | local government or several local governments within the same |
| 12133 | county that agree to meet together. Joint meetings among all |
| 12134 | local governments in a county are encouraged. All scoping |
| 12135 | meetings shall be completed at least 1 year prior to the |
| 12136 | established adoption date of the report. The purpose of the |
| 12137 | meetings shall be to distribute data and resources available to |
| 12138 | assist in the preparation of the report, to provide input on |
| 12139 | major issues in each community that should be addressed in the |
| 12140 | report, and to advise on the extent of the effort for the |
| 12141 | components of subsection (2). If scoping meetings are held, the |
| 12142 | local government shall invite each state and regional reviewing |
| 12143 | agency, as well as adjacent and other affected local |
| 12144 | governments. A preliminary list of new data and major issues |
| 12145 | that have emerged since the adoption of the original plan, or |
| 12146 | the most recent evaluation and appraisal report-based update |
| 12147 | amendments, should be developed by state and regional entities |
| 12148 | and involved local governments for distribution at the scoping |
| 12149 | meeting. For purposes of this subsection, a "scoping meeting" is |
| 12150 | a meeting conducted to determine the scope of review of the |
| 12151 | evaluation and appraisal report by parties to which the report |
| 12152 | relates. |
| 12153 | (4) The local planning agency shall prepare the evaluation |
| 12154 | and appraisal report and shall make recommendations to the |
| 12155 | governing body regarding adoption of the proposed report. The |
| 12156 | local planning agency shall prepare the report in conformity |
| 12157 | with its public participation procedures adopted as required by |
| 12158 | s. 163.3181. During the preparation of the proposed report and |
| 12159 | prior to making any recommendation to the governing body, the |
| 12160 | local planning agency shall hold at least one public hearing, |
| 12161 | with public notice, on the proposed report. At a minimum, the |
| 12162 | format and content of the proposed report shall include a table |
| 12163 | of contents; numbered pages; element headings; section headings |
| 12164 | within elements; a list of included tables, maps, and figures; a |
| 12165 | title and sources for all included tables; a preparation date; |
| 12166 | and the name of the preparer. Where applicable, maps shall |
| 12167 | include major natural and artificial geographic features; city, |
| 12168 | county, and state lines; and a legend indicating a north arrow, |
| 12169 | map scale, and the date. |
| 12170 | (5) Ninety days prior to the scheduled adoption date, the |
| 12171 | local government may provide a proposed evaluation and appraisal |
| 12172 | report to the state land planning agency and distribute copies |
| 12173 | to state and regional commenting agencies as prescribed by rule, |
| 12174 | adjacent jurisdictions, and interested citizens for review. All |
| 12175 | review comments, including comments by the state land planning |
| 12176 | agency, shall be transmitted to the local government and state |
| 12177 | land planning agency within 30 days after receipt of the |
| 12178 | proposed report. |
| 12179 | (6) The governing body, after considering the review |
| 12180 | comments and recommended changes, if any, shall adopt the |
| 12181 | evaluation and appraisal report by resolution or ordinance at a |
| 12182 | public hearing with public notice. The governing body shall |
| 12183 | adopt the report in conformity with its public participation |
| 12184 | procedures adopted as required by s. 163.3181. The local |
| 12185 | government shall submit to the state land planning agency three |
| 12186 | copies of the report, a transmittal letter indicating the dates |
| 12187 | of public hearings, and a copy of the adoption resolution or |
| 12188 | ordinance. The local government shall provide a copy of the |
| 12189 | report to the reviewing agencies which provided comments for the |
| 12190 | proposed report, or to all the reviewing agencies if a proposed |
| 12191 | report was not provided pursuant to subsection (5), including |
| 12192 | the adjacent local governments. Within 60 days after receipt, |
| 12193 | the state land planning agency shall review the adopted report |
| 12194 | and make a preliminary sufficiency determination that shall be |
| 12195 | forwarded by the agency to the local government for its |
| 12196 | consideration. The state land planning agency shall issue a |
| 12197 | final sufficiency determination within 90 days after receipt of |
| 12198 | the adopted evaluation and appraisal report. |
| 12199 | (7) The intent of the evaluation and appraisal process is |
| 12200 | the preparation of a plan update that clearly and concisely |
| 12201 | achieves the purpose of this section. Toward this end, the |
| 12202 | sufficiency review of the state land planning agency shall |
| 12203 | concentrate on whether the evaluation and appraisal report |
| 12204 | sufficiently fulfills the components of subsection (2). If the |
| 12205 | state land planning agency determines that the report is |
| 12206 | insufficient, the governing body shall adopt a revision of the |
| 12207 | report and submit the revised report for review pursuant to |
| 12208 | subsection (6). |
| 12209 | (8) The state land planning agency may delegate the review |
| 12210 | of evaluation and appraisal reports, including all state land |
| 12211 | planning agency duties under subsections (4)-(7), to the |
| 12212 | appropriate regional planning council. When the review has been |
| 12213 | delegated to a regional planning council, any local government |
| 12214 | in the region may elect to have its report reviewed by the |
| 12215 | regional planning council rather than the state land planning |
| 12216 | agency. The state land planning agency shall by agreement |
| 12217 | provide for uniform and adequate review of reports and shall |
| 12218 | retain oversight for any delegation of review to a regional |
| 12219 | planning council. |
| 12220 | (9) The state land planning agency may establish a phased |
| 12221 | schedule for adoption of reports. The schedule shall provide |
| 12222 | each local government at least 7 years from plan adoption or |
| 12223 | last established adoption date for a report and shall allot |
| 12224 | approximately one-seventh of the reports to any 1 year. In order |
| 12225 | to allow the municipalities to use data and analyses gathered by |
| 12226 | the counties, the state land planning agency shall schedule |
| 12227 | municipal report adoption dates between 1 year and 18 months |
| 12228 | later than the report adoption date for the county in which |
| 12229 | those municipalities are located. A local government may adopt |
| 12230 | its report no earlier than 90 days prior to the established |
| 12231 | adoption date. Small municipalities which were scheduled by |
| 12232 | chapter 9J-33, Florida Administrative Code, to adopt their |
| 12233 | evaluation and appraisal report after February 2, 1999, shall be |
| 12234 | rescheduled to adopt their report together with the other |
| 12235 | municipalities in their county as provided in this subsection. |
| 12236 | (10) The governing body shall amend its comprehensive plan |
| 12237 | based on the recommendations in the report and shall update the |
| 12238 | comprehensive plan based on the components of subsection (2), |
| 12239 | pursuant to the provisions of ss. 163.3184, 163.3187, and |
| 12240 | 163.3189. Amendments to update a comprehensive plan based on the |
| 12241 | evaluation and appraisal report shall be adopted during a single |
| 12242 | amendment cycle within 18 months after the report is determined |
| 12243 | to be sufficient by the state land planning agency, except the |
| 12244 | state land planning agency may grant an extension for adoption |
| 12245 | of a portion of such amendments. The state land planning agency |
| 12246 | may grant a 6-month extension for the adoption of such |
| 12247 | amendments if the request is justified by good and sufficient |
| 12248 | cause as determined by the agency. An additional extension may |
| 12249 | also be granted if the request will result in greater |
| 12250 | coordination between transportation and land use, for the |
| 12251 | purposes of improving Florida's transportation system, as |
| 12252 | determined by the agency in coordination with the Metropolitan |
| 12253 | Planning Organization program. Beginning July 1, 2006, failure |
| 12254 | to timely adopt and transmit update amendments to the |
| 12255 | comprehensive plan based on the evaluation and appraisal report |
| 12256 | shall result in a local government being prohibited from |
| 12257 | adopting amendments to the comprehensive plan until the |
| 12258 | evaluation and appraisal report update amendments have been |
| 12259 | adopted and transmitted to the state land planning agency. The |
| 12260 | prohibition on plan amendments shall commence when the update |
| 12261 | amendments to the comprehensive plan are past due. The |
| 12262 | comprehensive plan as amended shall be in compliance as defined |
| 12263 | in s. 163.3184(1)(b). Within 6 months after the effective date |
| 12264 | of the update amendments to the comprehensive plan, the local |
| 12265 | government shall provide to the state land planning agency and |
| 12266 | to all agencies designated by rule a complete copy of the |
| 12267 | updated comprehensive plan. |
| 12268 | (11) The Administration Commission may impose the |
| 12269 | sanctions provided by s. 163.3184(11) against any local |
| 12270 | government that fails to adopt and submit a report, or that |
| 12271 | fails to implement its report through timely and sufficient |
| 12272 | amendments to its local plan, except for reasons of excusable |
| 12273 | delay or valid planning reasons agreed to by the state land |
| 12274 | planning agency or found present by the Administration |
| 12275 | Commission. Sanctions for untimely or insufficient plan |
| 12276 | amendments shall be prospective only and shall begin after a |
| 12277 | final order has been issued by the Administration Commission and |
| 12278 | a reasonable period of time has been allowed for the local |
| 12279 | government to comply with an adverse determination by the |
| 12280 | Administration Commission through adoption of plan amendments |
| 12281 | that are in compliance. The state land planning agency may |
| 12282 | initiate, and an affected person may intervene in, such a |
| 12283 | proceeding by filing a petition with the Division of |
| 12284 | Administrative Hearings, which shall appoint an administrative |
| 12285 | law judge and conduct a hearing pursuant to ss. 120.569 and |
| 12286 | 120.57(1) and shall submit a recommended order to the |
| 12287 | Administration Commission. The affected local government shall |
| 12288 | be a party to any such proceeding. The commission may implement |
| 12289 | this subsection by rule. |
| 12290 | (12) The state land planning agency shall not adopt rules |
| 12291 | to implement this section, other than procedural rules. |
| 12292 | (13) The state land planning agency shall regularly review |
| 12293 | the evaluation and appraisal report process and submit a report |
| 12294 | to the Governor, the Administration Commission, the Speaker of |
| 12295 | the House of Representatives, the President of the Senate, and |
| 12296 | the respective community affairs committees of the Senate and |
| 12297 | the House of Representatives. The first report shall be |
| 12298 | submitted by December 31, 2004, and subsequent reports shall be |
| 12299 | submitted every 5 years thereafter. At least 9 months before the |
| 12300 | due date of each report, the Commissioner of Economic |
| 12301 | Opportunity Secretary of Community Affairs shall appoint a |
| 12302 | technical committee of at least 15 members to assist in the |
| 12303 | preparation of the report. The membership of the technical |
| 12304 | committee shall consist of representatives of local governments, |
| 12305 | regional planning councils, the private sector, and |
| 12306 | environmental organizations. The report shall assess the |
| 12307 | effectiveness of the evaluation and appraisal report process. |
| 12308 | (14) The requirement of subsection (10) prohibiting a |
| 12309 | local government from adopting amendments to the local |
| 12310 | comprehensive plan until the evaluation and appraisal report |
| 12311 | update amendments have been adopted and transmitted to the state |
| 12312 | land planning agency does not apply to a plan amendment proposed |
| 12313 | for adoption by the appropriate local government as defined in |
| 12314 | s. 163.3178(2)(k) in order to integrate a port comprehensive |
| 12315 | master plan with the coastal management element of the local |
| 12316 | comprehensive plan as required by s. 163.3178(2)(k) if the port |
| 12317 | comprehensive master plan or the proposed plan amendment does |
| 12318 | not cause or contribute to the failure of the local government |
| 12319 | to comply with the requirements of the evaluation and appraisal |
| 12320 | report. |
| 12321 | Section 204. Section 215.559, Florida Statutes, is amended |
| 12322 | to read: |
| 12323 | 215.559 Hurricane Loss Mitigation Program.- |
| 12324 | (1) There is created A Hurricane Loss Mitigation Program |
| 12325 | is established within the Division of Emergency Management. |
| 12326 | (1) The Legislature shall annually appropriate $10 million |
| 12327 | of the moneys authorized for appropriation under s. |
| 12328 | 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the |
| 12329 | division Department of Community Affairs for the purposes set |
| 12330 | forth in this section. Of the amount: |
| 12331 | (2)(a) Seven million dollars in funds provided in |
| 12332 | subsection (1) shall be used for programs to improve the wind |
| 12333 | resistance of residences and mobile homes, including loans, |
| 12334 | subsidies, grants, demonstration projects, and direct |
| 12335 | assistance; educating persons concerning the Florida Building |
| 12336 | Code cooperative programs with local governments and the Federal |
| 12337 | Government; and other efforts to prevent or reduce losses or |
| 12338 | reduce the cost of rebuilding after a disaster. |
| 12339 | (b) Three million dollars in funds provided in subsection |
| 12340 | (1) shall be used to retrofit existing facilities used as public |
| 12341 | hurricane shelters. Each year the division shall department must |
| 12342 | prioritize the use of these funds for projects included in the |
| 12343 | annual report of the September 1, 2000, version of the Shelter |
| 12344 | Retrofit Report prepared in accordance with s. 252.385(3), and |
| 12345 | each annual report thereafter. The division department must give |
| 12346 | funding priority to projects in regional planning council |
| 12347 | regions that have shelter deficits and to projects that maximize |
| 12348 | the use of state funds. |
| 12349 | (2)(3)(a) Forty percent of the total appropriation in |
| 12350 | paragraph (1)(a) (2)(a) shall be used to inspect and improve |
| 12351 | tie-downs for mobile homes. |
| 12352 | (b)1. There is created The Manufactured Housing and Mobile |
| 12353 | Home Mitigation and Enhancement Program is established. The |
| 12354 | program shall require the mitigation of damage to or the |
| 12355 | enhancement of homes for the areas of concern raised by the |
| 12356 | Department of Highway Safety and Motor Vehicles in the 2004-2005 |
| 12357 | Hurricane Reports on the effects of the 2004 and 2005 hurricanes |
| 12358 | on manufactured and mobile homes in this state. The mitigation |
| 12359 | or enhancement must include, but need not be limited to, |
| 12360 | problems associated with weakened trusses, studs, and other |
| 12361 | structural components caused by wood rot or termite damage; |
| 12362 | site-built additions; or tie-down systems and may also address |
| 12363 | any other issues deemed appropriate by Tallahassee Community |
| 12364 | College, the Federation of Manufactured Home Owners of Florida, |
| 12365 | Inc., the Florida Manufactured Housing Association, and the |
| 12366 | Department of Highway Safety and Motor Vehicles. The program |
| 12367 | shall include an education and outreach component to ensure that |
| 12368 | owners of manufactured and mobile homes are aware of the |
| 12369 | benefits of participation. |
| 12370 | 2. The program shall be a grant program that ensures that |
| 12371 | entire manufactured home communities and mobile home parks may |
| 12372 | be improved wherever practicable. The moneys appropriated for |
| 12373 | this program shall be distributed directly to Tallahassee |
| 12374 | Community College for the uses set forth under this subsection. |
| 12375 | 3. Upon evidence of completion of the program, the |
| 12376 | Citizens Property Insurance Corporation shall grant, on a pro |
| 12377 | rata basis, actuarially reasonable discounts, credits, or other |
| 12378 | rate differentials or appropriate reductions in deductibles for |
| 12379 | the properties of owners of manufactured homes or mobile homes |
| 12380 | on which fixtures or construction techniques that have been |
| 12381 | demonstrated to reduce the amount of loss in a windstorm have |
| 12382 | been installed or implemented. The discount on the premium must |
| 12383 | be applied to subsequent renewal premium amounts. Premiums of |
| 12384 | the Citizens Property Insurance Corporation must reflect the |
| 12385 | location of the home and the fact that the home has been |
| 12386 | installed in compliance with building codes adopted after |
| 12387 | Hurricane Andrew. Rates resulting from the completion of the |
| 12388 | Manufactured Housing and Mobile Home Mitigation and Enhancement |
| 12389 | Program are not considered competitive rates for the purposes of |
| 12390 | s. 627.351(6)(d)1. and 2. |
| 12391 | 4. On or before January 1 of each year, Tallahassee |
| 12392 | Community College shall provide a report of activities under |
| 12393 | this subsection to the Governor, the President of the Senate, |
| 12394 | and the Speaker of the House of Representatives. The report must |
| 12395 | set forth the number of homes that have taken advantage of the |
| 12396 | program, the types of enhancements and improvements made to the |
| 12397 | manufactured or mobile homes and attachments to such homes, and |
| 12398 | whether there has been an increase in availability of insurance |
| 12399 | products to owners of manufactured or mobile homes. |
| 12400 |
|
| 12401 | Tallahassee Community College shall develop the programs set |
| 12402 | forth in this subsection in consultation with the Federation of |
| 12403 | Manufactured Home Owners of Florida, Inc., the Florida |
| 12404 | Manufactured Housing Association, and the Department of Highway |
| 12405 | Safety and Motor Vehicles. The moneys appropriated for the |
| 12406 | programs set forth in this subsection shall be distributed |
| 12407 | directly to Tallahassee Community College to be used as set |
| 12408 | forth in this subsection. |
| 12409 | (3)(4) Of moneys provided to the division Department of |
| 12410 | Community Affairs in paragraph (1)(a) (2)(a), 10 percent shall |
| 12411 | be allocated to the Florida International University center |
| 12412 | dedicated to hurricane research. The center shall develop a |
| 12413 | preliminary work plan approved by the advisory council set forth |
| 12414 | in subsection (4) (5) to eliminate the state and local barriers |
| 12415 | to upgrading existing mobile homes and communities, research and |
| 12416 | develop a program for the recycling of existing older mobile |
| 12417 | homes, and support programs of research and development relating |
| 12418 | to hurricane loss reduction devices and techniques for site- |
| 12419 | built residences. The State University System also shall consult |
| 12420 | with the Department of Community Affairs and assist the division |
| 12421 | department with the report required under subsection (6) (7). |
| 12422 | (4)(5) Except for the programs set forth in subsection (3) |
| 12423 | (4), the division Department of Community Affairs shall develop |
| 12424 | the programs set forth in this section in consultation with an |
| 12425 | advisory council consisting of a representative designated by |
| 12426 | the Chief Financial Officer, a representative designated by the |
| 12427 | Florida Home Builders Association, a representative designated |
| 12428 | by the Florida Insurance Council, a representative designated by |
| 12429 | the Federation of Manufactured Home Owners, a representative |
| 12430 | designated by the Florida Association of Counties, and a |
| 12431 | representative designated by the Florida Manufactured Housing |
| 12432 | Association, and a representative designated by the Florida |
| 12433 | Building Commission. |
| 12434 | (5)(6) Moneys provided to the division Department of |
| 12435 | Community Affairs under this section are intended to supplement, |
| 12436 | not supplant, the division's other funding sources of the |
| 12437 | Department of Community Affairs and may not supplant other |
| 12438 | funding sources of the Department of Community Affairs. |
| 12439 | (6)(7) On January 1st of each year, the division |
| 12440 | Department of Community Affairs shall provide a full report and |
| 12441 | accounting of activities under this section and an evaluation of |
| 12442 | such activities to the Speaker of the House of Representatives, |
| 12443 | the President of the Senate, and the Majority and Minority |
| 12444 | Leaders of the House of Representatives and the Senate. Upon |
| 12445 | completion of the report, the division Department of Community |
| 12446 | Affairs shall deliver the report to the Office of Insurance |
| 12447 | Regulation. The Office of Insurance Regulation shall review the |
| 12448 | report and shall make such recommendations available to the |
| 12449 | insurance industry as the Office of Insurance Regulation deems |
| 12450 | appropriate. These recommendations may be used by insurers for |
| 12451 | potential discounts or rebates pursuant to s. 627.0629. The |
| 12452 | Office of Insurance Regulation shall make such the |
| 12453 | recommendations within 1 year after receiving the report. |
| 12454 | (8)(a) Notwithstanding any other provision of this section |
| 12455 | and for the 2010-2011 fiscal year only, the $3 million |
| 12456 | appropriation provided for in paragraph (2)(b) may be used for |
| 12457 | hurricane shelters as identified in the General Appropriations |
| 12458 | Act. |
| 12459 | (b) This subsection expires June 30, 2011. |
| 12460 | (7)(9) This section is repealed June 30, 2021 2011. |
| 12461 | Section 205. Subsection (4) of section 290.044, Florida |
| 12462 | Statutes, is amended to read: |
| 12463 | 290.044 Florida Small Cities Community Development Block |
| 12464 | Grant Program Fund; administration; distribution.- |
| 12465 | (4) The department may set aside an amount of up to 5 |
| 12466 | percent of the funds annually for use in any eligible local |
| 12467 | government jurisdiction for which an emergency or natural |
| 12468 | disaster has been declared by executive order. Such funds may |
| 12469 | only be provided to a local government to fund eligible |
| 12470 | emergency-related activities for which no other source of |
| 12471 | federal, state, or local disaster funds is available. The |
| 12472 | department may provide for such set-aside by rule. In the last |
| 12473 | quarter of the state fiscal year, any funds not allocated under |
| 12474 | the emergency-related set-aside shall be used to fully fund any |
| 12475 | applications which were partially funded due to inadequate funds |
| 12476 | in the most recently completed neighborhood revitalization |
| 12477 | category funding cycle, and then any remaining funds shall be |
| 12478 | distributed to the next unfunded applications from the most |
| 12479 | recent funding cycle. |
| 12480 | Section 206. Subsection (2) of section 290.047, Florida |
| 12481 | Statutes, is amended to read: |
| 12482 | 290.047 Establishment of grant ceilings and maximum |
| 12483 | administrative cost percentages; elimination of population bias; |
| 12484 | loans in default.- |
| 12485 | (2) The department shall establish grant ceilings for each |
| 12486 | program category by rule. These ceilings shall bear some |
| 12487 | relationship to an applicant's total population or its |
| 12488 | population living below the federal poverty level. Population |
| 12489 | ranges may be used in establishing these ceilings. In no case, |
| 12490 | however, may a grant ceiling be set above $750,000 or below |
| 12491 | $300,000. |
| 12492 | Section 207. Paragraph (b) of subsection (5) of section |
| 12493 | 11.40, Florida Statutes, is amended to read: |
| 12494 | 11.40 Legislative Auditing Committee.- |
| 12495 | (5) Following notification by the Auditor General, the |
| 12496 | Department of Financial Services, or the Division of Bond |
| 12497 | Finance of the State Board of Administration of the failure of a |
| 12498 | local governmental entity, district school board, charter |
| 12499 | school, or charter technical career center to comply with the |
| 12500 | applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or |
| 12501 | s. 218.38, the Legislative Auditing Committee may schedule a |
| 12502 | hearing. If a hearing is scheduled, the committee shall |
| 12503 | determine if the entity should be subject to further state |
| 12504 | action. If the committee determines that the entity should be |
| 12505 | subject to further state action, the committee shall: |
| 12506 | (b) In the case of a special district, notify the |
| 12507 | Department of Financial Services Community Affairs that the |
| 12508 | special district has failed to comply with the law. Upon receipt |
| 12509 | of notification, the Department of Financial Services Community |
| 12510 | Affairs shall proceed pursuant to the provisions specified in s. |
| 12511 | 189.421. |
| 12512 | Section 208. Paragraph (c) of subsection (7) of section |
| 12513 | 11.45, Florida Statutes, is amended to read: |
| 12514 | 11.45 Definitions; duties; authorities; reports; rules.- |
| 12515 | (7) AUDITOR GENERAL REPORTING REQUIREMENTS.- |
| 12516 | (c) The Auditor General shall provide annually a list of |
| 12517 | those special districts which are not in compliance with s. |
| 12518 | 218.39 to the Special District Information Program of the |
| 12519 | Department of Financial Services Community Affairs. |
| 12520 | Section 209. Subsection (2) of section 11.905, Florida |
| 12521 | Statutes, is amended to read: |
| 12522 | 11.905 Schedule for reviewing state agencies and advisory |
| 12523 | committees.-The following state agencies, including their |
| 12524 | advisory committees, or the following advisory committees of |
| 12525 | agencies shall be reviewed according to the following schedule: |
| 12526 | (2) Reviewed by July 1, 2010: |
| 12527 | (a) Department of Children and Family Services. |
| 12528 | (b) Department of Community Affairs. |
| 12529 | (b)(c) Department of Management Services. |
| 12530 | (c)(d) Department of State. |
| 12531 |
|
| 12532 | Upon completion of this cycle, each agency shall again be |
| 12533 | subject to sunset review 10 years after its initial review. |
| 12534 | Section 210. Paragraph (c) of subsection (3) of section |
| 12535 | 17.61, Florida Statutes, is amended to read: |
| 12536 | 17.61 Chief Financial Officer; powers and duties in the |
| 12537 | investment of certain funds.- |
| 12538 | (3) |
| 12539 | (c) Except as provided in this paragraph and except for |
| 12540 | moneys described in paragraph (d), the following agencies may |
| 12541 | not invest trust fund moneys as provided in this section, but |
| 12542 | shall retain such moneys in their respective trust funds for |
| 12543 | investment, with interest appropriated to the General Revenue |
| 12544 | Fund, pursuant to s. 17.57: |
| 12545 | 1. The Agency for Health Care Administration, except for |
| 12546 | the Tobacco Settlement Trust Fund. |
| 12547 | 2. The Agency for Persons with Disabilities, except for: |
| 12548 | a. The Federal Grants Trust Fund. |
| 12549 | b. The Tobacco Settlement Trust Fund. |
| 12550 | 3. The Department of Children and Family Services, except |
| 12551 | for: |
| 12552 | a. The Alcohol, Drug Abuse, and Mental Health Trust Fund. |
| 12553 | b. The Social Services Block Grant Trust Fund. |
| 12554 | c. The Tobacco Settlement Trust Fund. |
| 12555 | d. The Working Capital Trust Fund. |
| 12556 | 4. The Department of Community Affairs, only for the |
| 12557 | Operating Trust Fund. |
| 12558 | 4.5. The Department of Corrections. |
| 12559 | 5.6. The Department of Elderly Affairs, except for: |
| 12560 | a. The Federal Grants Trust Fund. |
| 12561 | b. The Tobacco Settlement Trust Fund. |
| 12562 | 6.7. The Department of Health, except for: |
| 12563 | a. The Federal Grants Trust Fund. |
| 12564 | b. The Grants and Donations Trust Fund. |
| 12565 | c. The Maternal and Child Health Block Grant Trust Fund. |
| 12566 | d. The Tobacco Settlement Trust Fund. |
| 12567 | 7.8. The Department of Highway Safety and Motor Vehicles, |
| 12568 | only for the Security Deposits Trust Fund. |
| 12569 | 8.9. The Department of Juvenile Justice. |
| 12570 | 9.10. The Department of Law Enforcement. |
| 12571 | 10.11. The Department of Legal Affairs. |
| 12572 | 11.12. The Department of State, only for: |
| 12573 | a. The Grants and Donations Trust Fund. |
| 12574 | b. The Records Management Trust Fund. |
| 12575 | 12.13. The Executive Office of the Governor, only for: |
| 12576 | a. The Economic Development Transportation Trust Fund. |
| 12577 | b. The Economic Development Trust Fund. |
| 12578 | 13.14. The Florida Public Service Commission, only for the |
| 12579 | Florida Public Service Regulatory Trust Fund. |
| 12580 | 14.15. The Justice Administrative Commission. |
| 12581 | 15.16. The state courts system. |
| 12582 | Section 211. Subsection (1) of section 20.181, Florida |
| 12583 | Statutes, is amended to read: |
| 12584 | 20.181 Federal Grants Trust Fund.- |
| 12585 | (1) The Federal Grants Trust Fund is created within the |
| 12586 | Department of Economic Opportunity Community Affairs. |
| 12587 | Section 212. Section 68.096, Florida Statutes, is amended |
| 12588 | to read: |
| 12589 | 68.096 Definitions.-For purposes of ss. 68.094-68.105 this |
| 12590 | act: |
| 12591 | (1) "Department" means the Department of Economic |
| 12592 | Opportunity Community Affairs. |
| 12593 | (2) "Eligible client" means a person whose income is equal |
| 12594 | to or below 150 percent of the then-current federal poverty |
| 12595 | guidelines prescribed for the size of the household of the |
| 12596 | person seeking assistance by the United States Department of |
| 12597 | Health and Human Services or disabled veterans who are in |
| 12598 | receipt of, or eligible to receive, Veterans Administration |
| 12599 | pension benefits or supplemental security income. |
| 12600 | (3) "Legal assistance" means the provision of civil legal |
| 12601 | services consistent with the rules regulating The Florida Bar, |
| 12602 | subject to the limitations in s. 68.098. |
| 12603 | (4) "Not-for-profit legal aid organization" means a not- |
| 12604 | for-profit organization operated in this state that provides as |
| 12605 | its primary purpose civil legal services without charge to |
| 12606 | eligible clients. |
| 12607 | Section 213. Section 68.105, Florida Statutes, is amended |
| 12608 | to read: |
| 12609 | 68.105 Use of funds; reports.-All appropriations made for |
| 12610 | the purposes of ss. 68.094-68.105 this act shall only be used |
| 12611 | for legal education or assistance in family law, juvenile law, |
| 12612 | entitlement to federal benefits, protection from domestic |
| 12613 | violence, elder abuse, child abuse, or immigration law. These |
| 12614 | funds shall not be used in criminal or postconviction relief |
| 12615 | matters, for lobbying activities, to sue the state, its agencies |
| 12616 | or political subdivisions, or colleges or universities, for |
| 12617 | class action lawsuits, to provide legal assistance with respect |
| 12618 | to noncriminal infractions pursuant to chapter 316, chapter 318, |
| 12619 | chapter 320, or chapter 322, to contest regulatory decisions of |
| 12620 | any municipal, county, or state administrative or legislative |
| 12621 | body, or to file or assist in the filing of private causes of |
| 12622 | action under federal or state statutes relating to or arising |
| 12623 | out of employment or terms or conditions of employment. The |
| 12624 | contracting organization shall require pilot projects to provide |
| 12625 | data on the number of clients served, the types of cases, the |
| 12626 | reasons the cases were closed, and the state dollars saved and |
| 12627 | federal dollars brought into the state because of the legal |
| 12628 | services provided. The contracting organization shall provide to |
| 12629 | the department of Community Affairs, within 60 days of the |
| 12630 | completion of the contract, a report on the legal services |
| 12631 | provided, the state dollars saved, and the federal dollars |
| 12632 | brought into the state. |
| 12633 | Section 214. Paragraph (b) of subsection (4) of section |
| 12634 | 112.63, Florida Statutes, is amended to read: |
| 12635 | 112.63 Actuarial reports and statements of actuarial |
| 12636 | impact; review.- |
| 12637 | (4) Upon receipt, pursuant to subsection (2), of an |
| 12638 | actuarial report, or upon receipt, pursuant to subsection (3), |
| 12639 | of a statement of actuarial impact, the Department of Management |
| 12640 | Services shall acknowledge such receipt, but shall only review |
| 12641 | and comment on each retirement system's or plan's actuarial |
| 12642 | valuations at least on a triennial basis. If the department |
| 12643 | finds that the actuarial valuation is not complete, accurate, or |
| 12644 | based on reasonable assumptions or otherwise materially fails to |
| 12645 | satisfy the requirements of this part, if the department |
| 12646 | requires additional material information necessary to complete |
| 12647 | its review of the actuarial valuation of a system or plan or |
| 12648 | material information necessary to satisfy the duties of the |
| 12649 | department pursuant to s. 112.665(1), or if the department does |
| 12650 | not receive the actuarial report or statement of actuarial |
| 12651 | impact, the department shall notify the administrator of the |
| 12652 | affected retirement system or plan and the affected governmental |
| 12653 | entity and request appropriate adjustment, the additional |
| 12654 | material information, or the required report or statement. The |
| 12655 | notification must inform the administrator of the affected |
| 12656 | retirement system or plan and the affected governmental entity |
| 12657 | of the consequences for failure to comply with the requirements |
| 12658 | of this subsection. If, after a reasonable period of time, a |
| 12659 | satisfactory adjustment is not made or the report, statement, or |
| 12660 | additional material information is not provided, the department |
| 12661 | may notify the Department of Revenue and the Department of |
| 12662 | Financial Services of such noncompliance, in which case the |
| 12663 | Department of Revenue and the Department of Financial Services |
| 12664 | shall withhold any funds not pledged for satisfaction of bond |
| 12665 | debt service which are payable to the affected governmental |
| 12666 | entity until the adjustment is made or the report, statement, or |
| 12667 | additional material information is provided to the department. |
| 12668 | The department shall specify the date such action is to begin, |
| 12669 | and notification by the department must be received by the |
| 12670 | Department of Revenue, the Department of Financial Services, and |
| 12671 | the affected governmental entity 30 days before the date the |
| 12672 | action begins. |
| 12673 | (b) In the case of an affected special district, the |
| 12674 | Department of Management Services shall also notify the |
| 12675 | Department of Financial Services Community Affairs. Upon receipt |
| 12676 | of notification, the Department of Financial Services Community |
| 12677 | Affairs shall proceed pursuant to the provisions of s. 189.421 |
| 12678 | with regard to the special district. |
| 12679 | Section 215. Paragraph (e) of subsection (1) of section |
| 12680 | 112.665, Florida Statutes, is amended to read: |
| 12681 | 112.665 Duties of Department of Management Services.- |
| 12682 | (1) The Department of Management Services shall: |
| 12683 | (e) Issue, by January 1 annually, a report to the Special |
| 12684 | District Information Program of the Department of Financial |
| 12685 | Services Community Affairs that includes the participation in |
| 12686 | and compliance of special districts with the local government |
| 12687 | retirement system provisions in s. 112.63 and the state- |
| 12688 | administered retirement system provisions as specified in part I |
| 12689 | of chapter 121; and |
| 12690 | Section 216. Paragraph (d) of subsection (2) and paragraph |
| 12691 | (f) of subsection (5) of section 119.071, Florida Statutes, are |
| 12692 | amended to read: |
| 12693 | 119.071 General exemptions from inspection or copying of |
| 12694 | public records.- |
| 12695 | (2) AGENCY INVESTIGATIONS.- |
| 12696 | (d) Any information revealing surveillance techniques or |
| 12697 | procedures or personnel is exempt from s. 119.07(1) and s. |
| 12698 | 24(a), Art. I of the State Constitution. Any comprehensive |
| 12699 | inventory of state and local law enforcement resources compiled |
| 12700 | pursuant to part I, chapter 23, and any comprehensive policies |
| 12701 | or plans compiled by a criminal justice agency pertaining to the |
| 12702 | mobilization, deployment, or tactical operations involved in |
| 12703 | responding to an emergency emergencies, as defined in s. |
| 12704 | 252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of |
| 12705 | the State Constitution and unavailable for inspection, except by |
| 12706 | personnel authorized by a state or local law enforcement agency, |
| 12707 | the office of the Governor, the Department of Legal Affairs, the |
| 12708 | Department of Law Enforcement, or the Division of Emergency |
| 12709 | Management the Department of Community Affairs as having an |
| 12710 | official need for access to the inventory or comprehensive |
| 12711 | policies or plans. |
| 12712 | (5) OTHER PERSONAL INFORMATION.- |
| 12713 | (f) Medical history records and information related to |
| 12714 | health or property insurance provided to the Department of |
| 12715 | Economic Opportunity the Department of Community Affairs, the |
| 12716 | Florida Housing Finance Corporation, a county, a municipality, |
| 12717 | or a local housing finance agency by an applicant for or a |
| 12718 | participant in a federal, state, or local housing assistance |
| 12719 | program are confidential and exempt from s. 119.07(1) and s. |
| 12720 | 24(a), Art. I of the State Constitution. Governmental entities |
| 12721 | or their agents shall have access to such confidential and |
| 12722 | exempt records and information for the purpose of auditing |
| 12723 | federal, state, or local housing programs or housing assistance |
| 12724 | programs. Such confidential and exempt records and information |
| 12725 | may be used in any administrative or judicial proceeding, |
| 12726 | provided such records are kept confidential and exempt unless |
| 12727 | otherwise ordered by a court. |
| 12728 | Section 217. Subsection (4) of section 161.142, Florida |
| 12729 | Statutes, is amended to read: |
| 12730 | 161.142 Declaration of public policy relating to improved |
| 12731 | navigation inlets.-The Legislature recognizes the need for |
| 12732 | maintaining navigation inlets to promote commercial and |
| 12733 | recreational uses of our coastal waters and their resources. The |
| 12734 | Legislature further recognizes that inlets interrupt or alter |
| 12735 | the natural drift of beach-quality sand resources, which often |
| 12736 | results in these sand resources being deposited in nearshore |
| 12737 | areas or in the inlet channel, or in the inland waterway |
| 12738 | adjacent to the inlet, instead of providing natural nourishment |
| 12739 | to the adjacent eroding beaches. Accordingly, the Legislature |
| 12740 | finds it is in the public interest to replicate the natural |
| 12741 | drift of sand which is interrupted or altered by inlets to be |
| 12742 | replaced and for each level of government to undertake all |
| 12743 | reasonable efforts to maximize inlet sand bypassing to ensure |
| 12744 | that beach-quality sand is placed on adjacent eroding beaches. |
| 12745 | Such activities cannot make up for the historical sand deficits |
| 12746 | caused by inlets but shall be designed to balance the sediment |
| 12747 | budget of the inlet and adjacent beaches and extend the life of |
| 12748 | proximate beach-restoration projects so that periodic |
| 12749 | nourishment is needed less frequently. Therefore, in furtherance |
| 12750 | of this declaration of public policy and the Legislature's |
| 12751 | intent to redirect and recommit the state's comprehensive beach |
| 12752 | management efforts to address the beach erosion caused by |
| 12753 | inlets, the department shall ensure that: |
| 12754 | (4) The provisions of subsections (1) and (2) shall not be |
| 12755 | a requirement imposed upon ports listed in s. 403.021(9)(b); |
| 12756 | however, such ports must demonstrate reasonable effort to place |
| 12757 | beach-quality sand from construction and maintenance dredging |
| 12758 | and port-development projects on adjacent eroding beaches in |
| 12759 | accordance with port master plans approved by the Department of |
| 12760 | Economic Opportunity Community Affairs, and permits approved and |
| 12761 | issued by the department, to ensure compliance with this |
| 12762 | section. Ports may sponsor or cosponsor inlet management |
| 12763 | projects that are fully eligible for state cost sharing. |
| 12764 | Section 218. Subsection (10) of section 161.54, Florida |
| 12765 | Statutes, is amended to read: |
| 12766 | 161.54 Definitions.-In construing ss. 161.52-161.58: |
| 12767 | (10) "State land planning agency" means the Department of |
| 12768 | Economic Opportunity the Department of Community Affairs. |
| 12769 | Section 219. Paragraph (g) of subsection (3) of section |
| 12770 | 163.06, Florida Statutes, is amended to read: |
| 12771 | 163.06 Miami River Commission.- |
| 12772 | (3) The policy committee shall have the following powers |
| 12773 | and duties: |
| 12774 | (g) Coordinate a joint planning area agreement between the |
| 12775 | Department of Economic Opportunity Community Affairs, the city, |
| 12776 | and the county under the provisions of s. 163.3177(11)(a), (b), |
| 12777 | and (c). |
| 12778 | Section 220. Paragraph (b) of subsection (6) of section |
| 12779 | 163.2517, Florida Statutes, is amended to read: |
| 12780 | 163.2517 Designation of urban infill and redevelopment |
| 12781 | area.- |
| 12782 | (6) |
| 12783 | (b) If the local government fails to implement the urban |
| 12784 | infill and redevelopment plan in accordance with the deadlines |
| 12785 | set forth in the plan, the Department of Economic Opportunity |
| 12786 | Community Affairs may seek to rescind the economic and |
| 12787 | regulatory incentives granted to the urban infill and |
| 12788 | redevelopment area, subject to the provisions of chapter 120. |
| 12789 | The action to rescind may be initiated 90 days after issuing a |
| 12790 | written letter of warning to the local government. |
| 12791 | Section 221. Subsection (20) of section 163.3164, Florida |
| 12792 | Statutes, is amended to read: |
| 12793 | 163.3164 Local Government Comprehensive Planning and Land |
| 12794 | Development Regulation Act; definitions.-As used in this act: |
| 12795 | (20) "State land planning agency" means the Department of |
| 12796 | Economic Opportunity the Department of Community Affairs. |
| 12797 | Section 222. Paragraph (h) of subsection (6), subsection |
| 12798 | (10), and paragraphs (d), (e), and (f) of subsection (11) of |
| 12799 | section 163.3177, Florida Statutes, are amended to read: |
| 12800 | 163.3177 Required and optional elements of comprehensive |
| 12801 | plan; studies and surveys.- |
| 12802 | (6) In addition to the requirements of subsections (1)-(5) |
| 12803 | and (12), the comprehensive plan shall include the following |
| 12804 | elements: |
| 12805 | (h)1. An intergovernmental coordination element showing |
| 12806 | relationships and stating principles and guidelines to be used |
| 12807 | in coordinating the adopted comprehensive plan with the plans of |
| 12808 | school boards, regional water supply authorities, and other |
| 12809 | units of local government providing services but not having |
| 12810 | regulatory authority over the use of land, with the |
| 12811 | comprehensive plans of adjacent municipalities, the county, |
| 12812 | adjacent counties, or the region, with the state comprehensive |
| 12813 | plan and with the applicable regional water supply plan approved |
| 12814 | pursuant to s. 373.709, as the case may require and as such |
| 12815 | adopted plans or plans in preparation may exist. This element of |
| 12816 | the local comprehensive plan must demonstrate consideration of |
| 12817 | the particular effects of the local plan, when adopted, upon the |
| 12818 | development of adjacent municipalities, the county, adjacent |
| 12819 | counties, or the region, or upon the state comprehensive plan, |
| 12820 | as the case may require. |
| 12821 | a. The intergovernmental coordination element must provide |
| 12822 | procedures for identifying and implementing joint planning |
| 12823 | areas, especially for the purpose of annexation, municipal |
| 12824 | incorporation, and joint infrastructure service areas. |
| 12825 | b. The intergovernmental coordination element must provide |
| 12826 | for recognition of campus master plans prepared pursuant to s. |
| 12827 | 1013.30 and airport master plans under paragraph (k). |
| 12828 | c. The intergovernmental coordination element shall |
| 12829 | provide for a dispute resolution process, as established |
| 12830 | pursuant to s. 186.509, for bringing intergovernmental disputes |
| 12831 | to closure in a timely manner. |
| 12832 | d. The intergovernmental coordination element shall |
| 12833 | provide for interlocal agreements as established pursuant to s. |
| 12834 | 333.03(1)(b). |
| 12835 | 2. The intergovernmental coordination element shall also |
| 12836 | state principles and guidelines to be used in coordinating the |
| 12837 | adopted comprehensive plan with the plans of school boards and |
| 12838 | other units of local government providing facilities and |
| 12839 | services but not having regulatory authority over the use of |
| 12840 | land. In addition, the intergovernmental coordination element |
| 12841 | must describe joint processes for collaborative planning and |
| 12842 | decisionmaking on population projections and public school |
| 12843 | siting, the location and extension of public facilities subject |
| 12844 | to concurrency, and siting facilities with countywide |
| 12845 | significance, including locally unwanted land uses whose nature |
| 12846 | and identity are established in an agreement. Within 1 year |
| 12847 | after adopting their intergovernmental coordination elements, |
| 12848 | each county, all the municipalities within that county, the |
| 12849 | district school board, and any unit of local government service |
| 12850 | providers in that county shall establish by interlocal or other |
| 12851 | formal agreement executed by all affected entities, the joint |
| 12852 | processes described in this subparagraph consistent with their |
| 12853 | adopted intergovernmental coordination elements. |
| 12854 | 3. To foster coordination between special districts and |
| 12855 | local general-purpose governments as local general-purpose |
| 12856 | governments implement local comprehensive plans, each |
| 12857 | independent special district must submit a public facilities |
| 12858 | report to the appropriate local government as required by s. |
| 12859 | 189.415. |
| 12860 | 4. Local governments shall execute an interlocal agreement |
| 12861 | with the district school board, the county, and nonexempt |
| 12862 | municipalities pursuant to s. 163.31777. The local government |
| 12863 | shall amend the intergovernmental coordination element to ensure |
| 12864 | that coordination between the local government and school board |
| 12865 | is pursuant to the agreement and shall state the obligations of |
| 12866 | the local government under the agreement. Plan amendments that |
| 12867 | comply with this subparagraph are exempt from the provisions of |
| 12868 | s. 163.3187(1). |
| 12869 | 5. By January 1, 2004, any county having a population |
| 12870 | greater than 100,000, and the municipalities and special |
| 12871 | districts within that county, shall submit a report to the |
| 12872 | Department of Community Affairs which identifies: |
| 12873 | a. All existing or proposed interlocal service delivery |
| 12874 | agreements relating to education; sanitary sewer; public safety; |
| 12875 | solid waste; drainage; potable water; parks and recreation; and |
| 12876 | transportation facilities. |
| 12877 | b. Any deficits or duplication in the provision of |
| 12878 | services within its jurisdiction, whether capital or |
| 12879 | operational. Upon request, the Department of Community Affairs |
| 12880 | shall provide technical assistance to the local governments in |
| 12881 | identifying deficits or duplication. |
| 12882 | 6. Within 6 months after submission of the report, the |
| 12883 | Department of Community Affairs shall, through the appropriate |
| 12884 | regional planning council, coordinate a meeting of all local |
| 12885 | governments within the regional planning area to discuss the |
| 12886 | reports and potential strategies to remedy any identified |
| 12887 | deficiencies or duplications. |
| 12888 | 7. Each local government shall update its |
| 12889 | intergovernmental coordination element based upon the findings |
| 12890 | in the report submitted pursuant to subparagraph 5. The report |
| 12891 | may be used as supporting data and analysis for the |
| 12892 | intergovernmental coordination element. |
| 12893 | (10) The Legislature recognizes the importance and |
| 12894 | significance of chapter 9J-5, Florida Administrative Code, the |
| 12895 | Minimum Criteria for Review of Local Government Comprehensive |
| 12896 | Plans and Determination of Compliance of the former Department |
| 12897 | of Community Affairs that will be used to determine compliance |
| 12898 | of local comprehensive plans. The Legislature reserved unto |
| 12899 | itself the right to review chapter 9J-5, Florida Administrative |
| 12900 | Code, and to reject, modify, or take no action relative to this |
| 12901 | rule. Therefore, pursuant to subsection (9), the Legislature |
| 12902 | hereby has reviewed chapter 9J-5, Florida Administrative Code, |
| 12903 | and expresses the following legislative intent: |
| 12904 | (a) The Legislature finds that in order for the department |
| 12905 | to review local comprehensive plans, it is necessary to define |
| 12906 | the term "consistency." Therefore, for the purpose of |
| 12907 | determining whether local comprehensive plans are consistent |
| 12908 | with the state comprehensive plan and the appropriate regional |
| 12909 | policy plan, a local plan shall be consistent with such plans if |
| 12910 | the local plan is "compatible with" and "furthers" such plans. |
| 12911 | The term "compatible with" means that the local plan is not in |
| 12912 | conflict with the state comprehensive plan or appropriate |
| 12913 | regional policy plan. The term "furthers" means to take action |
| 12914 | in the direction of realizing goals or policies of the state or |
| 12915 | regional plan. For the purposes of determining consistency of |
| 12916 | the local plan with the state comprehensive plan or the |
| 12917 | appropriate regional policy plan, the state or regional plan |
| 12918 | shall be construed as a whole and no specific goal and policy |
| 12919 | shall be construed or applied in isolation from the other goals |
| 12920 | and policies in the plans. |
| 12921 | (b) Each local government shall review all the state |
| 12922 | comprehensive plan goals and policies and shall address in its |
| 12923 | comprehensive plan the goals and policies which are relevant to |
| 12924 | the circumstances or conditions in its jurisdiction. The |
| 12925 | decision regarding which particular state comprehensive plan |
| 12926 | goals and policies will be furthered by the expenditure of a |
| 12927 | local government's financial resources in any given year is a |
| 12928 | decision which rests solely within the discretion of the local |
| 12929 | government. Intergovernmental coordination, as set forth in |
| 12930 | paragraph (6)(h), shall be utilized to the extent required to |
| 12931 | carry out the provisions of chapter 9J-5, Florida Administrative |
| 12932 | Code. |
| 12933 | (c) The Legislature declares that if any portion of |
| 12934 | chapter 9J-5, Florida Administrative Code, is found to be in |
| 12935 | conflict with this part, the appropriate statutory provision |
| 12936 | shall prevail. |
| 12937 | (d) Chapter 9J-5, Florida Administrative Code, does not |
| 12938 | mandate the creation, limitation, or elimination of regulatory |
| 12939 | authority, nor does it authorize the adoption or require the |
| 12940 | repeal of any rules, criteria, or standards of any local, |
| 12941 | regional, or state agency. |
| 12942 | (e) It is the Legislature's intent that support data or |
| 12943 | summaries thereof shall not be subject to the compliance review |
| 12944 | process, but the Legislature intends that goals and policies be |
| 12945 | clearly based on appropriate data. The department may utilize |
| 12946 | support data or summaries thereof to aid in its determination of |
| 12947 | compliance and consistency. The Legislature intends that the |
| 12948 | department may evaluate the application of a methodology |
| 12949 | utilized in data collection or whether a particular methodology |
| 12950 | is professionally accepted. However, the department shall not |
| 12951 | evaluate whether one accepted methodology is better than |
| 12952 | another. Chapter 9J-5, Florida Administrative Code, shall not be |
| 12953 | construed to require original data collection by local |
| 12954 | governments; however, local governments are not to be |
| 12955 | discouraged from utilizing original data so long as |
| 12956 | methodologies are professionally accepted. |
| 12957 | (f) The Legislature recognizes that under this section, |
| 12958 | local governments are charged with setting levels of service for |
| 12959 | public facilities in their comprehensive plans in accordance |
| 12960 | with which development orders and permits will be issued |
| 12961 | pursuant to s. 163.3202(2)(g). Nothing herein shall supersede |
| 12962 | the authority of state, regional, or local agencies as otherwise |
| 12963 | provided by law. |
| 12964 | (g) Definitions contained in chapter 9J-5, Florida |
| 12965 | Administrative Code, are not intended to modify or amend the |
| 12966 | definitions utilized for purposes of other programs or rules or |
| 12967 | to establish or limit regulatory authority. Local governments |
| 12968 | may establish alternative definitions in local comprehensive |
| 12969 | plans, as long as such definitions accomplish the intent of this |
| 12970 | chapter, and chapter 9J-5, Florida Administrative Code. |
| 12971 | (h) It is the intent of the Legislature that public |
| 12972 | facilities and services needed to support development shall be |
| 12973 | available concurrent with the impacts of such development in |
| 12974 | accordance with s. 163.3180. In meeting this intent, public |
| 12975 | facility and service availability shall be deemed sufficient if |
| 12976 | the public facilities and services for a development are phased, |
| 12977 | or the development is phased, so that the public facilities and |
| 12978 | those related services which are deemed necessary by the local |
| 12979 | government to operate the facilities necessitated by that |
| 12980 | development are available concurrent with the impacts of the |
| 12981 | development. The public facilities and services, unless already |
| 12982 | available, are to be consistent with the capital improvements |
| 12983 | element of the local comprehensive plan as required by paragraph |
| 12984 | (3)(a) or guaranteed in an enforceable development agreement. |
| 12985 | This shall include development agreements pursuant to this |
| 12986 | chapter or in an agreement or a development order issued |
| 12987 | pursuant to chapter 380. Nothing herein shall be construed to |
| 12988 | require a local government to address services in its capital |
| 12989 | improvements plan or to limit a local government's ability to |
| 12990 | address any service in its capital improvements plan that it |
| 12991 | deems necessary. |
| 12992 | (i) The department shall take into account the factors |
| 12993 | delineated in rule 9J-5.002(2), Florida Administrative Code, as |
| 12994 | it provides assistance to local governments and applies the rule |
| 12995 | in specific situations with regard to the detail of the data and |
| 12996 | analysis required. |
| 12997 | (j) Chapter 9J-5, Florida Administrative Code, has become |
| 12998 | effective pursuant to subsection (9). The Legislature hereby |
| 12999 | directs the department to adopt amendments as necessary which |
| 13000 | conform chapter 9J-5, Florida Administrative Code, with the |
| 13001 | requirements of this legislative intent by October 1, 1986. |
| 13002 | (k) In order for local governments to prepare and adopt |
| 13003 | comprehensive plans with knowledge of the rules that are applied |
| 13004 | to determine consistency of the plans with this part, there |
| 13005 | should be no doubt as to the legal standing of chapter 9J-5, |
| 13006 | Florida Administrative Code, at the close of the 1986 |
| 13007 | legislative session. Therefore, the Legislature declares that |
| 13008 | changes made to chapter 9J-5 before October 1, 1986, are not |
| 13009 | subject to rule challenges under s. 120.56(2), or to drawout |
| 13010 | proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5, |
| 13011 | Florida Administrative Code, as amended, is subject to rule |
| 13012 | challenges under s. 120.56(3), as nothing herein indicates |
| 13013 | approval or disapproval of any portion of chapter 9J-5 not |
| 13014 | specifically addressed herein. Any amendments to chapter 9J-5, |
| 13015 | Florida Administrative Code, exclusive of the amendments adopted |
| 13016 | prior to October 1, 1986, pursuant to this act, shall be subject |
| 13017 | to the full chapter 120 process. All amendments shall have |
| 13018 | effective dates as provided in chapter 120 and submission to the |
| 13019 | President of the Senate and Speaker of the House of |
| 13020 | Representatives shall not be required. |
| 13021 | (l) The state land planning agency shall consider land use |
| 13022 | compatibility issues in the vicinity of all airports in |
| 13023 | coordination with the Department of Transportation and adjacent |
| 13024 | to or in close proximity to all military installations in |
| 13025 | coordination with the Department of Defense. |
| 13026 | (11) |
| 13027 | (d)1. The department, in cooperation with the Department |
| 13028 | of Agriculture and Consumer Services, the Department of |
| 13029 | Environmental Protection, water management districts, and |
| 13030 | regional planning councils, shall provide assistance to local |
| 13031 | governments in the implementation of this paragraph and rule 9J- |
| 13032 | 5.006(5)(l), Florida Administrative Code. Implementation of |
| 13033 | those provisions shall include a process by which the department |
| 13034 | may authorize local governments to designate all or portions of |
| 13035 | lands classified in the future land use element as predominantly |
| 13036 | agricultural, rural, open, open-rural, or a substantively |
| 13037 | equivalent land use, as a rural land stewardship area within |
| 13038 | which planning and economic incentives are applied to encourage |
| 13039 | the implementation of innovative and flexible planning and |
| 13040 | development strategies and creative land use planning |
| 13041 | techniques, including those contained herein and in rule 9J- |
| 13042 | 5.006(5)(l), Florida Administrative Code. Assistance may |
| 13043 | include, but is not limited to: |
| 13044 | a. Assistance from the Department of Environmental |
| 13045 | Protection and water management districts in creating the |
| 13046 | geographic information systems land cover database and aerial |
| 13047 | photogrammetry needed to prepare for a rural land stewardship |
| 13048 | area; |
| 13049 | b. Support for local government implementation of rural |
| 13050 | land stewardship concepts by providing information and |
| 13051 | assistance to local governments regarding land acquisition |
| 13052 | programs that may be used by the local government or landowners |
| 13053 | to leverage the protection of greater acreage and maximize the |
| 13054 | effectiveness of rural land stewardship areas; and |
| 13055 | c. Expansion of the role of the Department of Community |
| 13056 | Affairs as a resource agency to facilitate establishment of |
| 13057 | rural land stewardship areas in smaller rural counties that do |
| 13058 | not have the staff or planning budgets to create a rural land |
| 13059 | stewardship area. |
| 13060 | 2. The department shall encourage participation by local |
| 13061 | governments of different sizes and rural characteristics in |
| 13062 | establishing and implementing rural land stewardship areas. It |
| 13063 | is the intent of the Legislature that rural land stewardship |
| 13064 | areas be used to further the following broad principles of rural |
| 13065 | sustainability: restoration and maintenance of the economic |
| 13066 | value of rural land; control of urban sprawl; identification and |
| 13067 | protection of ecosystems, habitats, and natural resources; |
| 13068 | promotion of rural economic activity; maintenance of the |
| 13069 | viability of Florida's agricultural economy; and protection of |
| 13070 | the character of rural areas of Florida. Rural land stewardship |
| 13071 | areas may be multicounty in order to encourage coordinated |
| 13072 | regional stewardship planning. |
| 13073 | 3. A local government, in conjunction with a regional |
| 13074 | planning council, a stakeholder organization of private land |
| 13075 | owners, or another local government, shall notify the department |
| 13076 | in writing of its intent to designate a rural land stewardship |
| 13077 | area. The written notification shall describe the basis for the |
| 13078 | designation, including the extent to which the rural land |
| 13079 | stewardship area enhances rural land values, controls urban |
| 13080 | sprawl, provides necessary open space for agriculture and |
| 13081 | protection of the natural environment, promotes rural economic |
| 13082 | activity, and maintains rural character and the economic |
| 13083 | viability of agriculture. |
| 13084 | 4. A rural land stewardship area shall be not less than |
| 13085 | 10,000 acres and shall be located outside of municipalities and |
| 13086 | established urban growth boundaries, and shall be designated by |
| 13087 | plan amendment. The plan amendment designating a rural land |
| 13088 | stewardship area shall be subject to review by the Department of |
| 13089 | Community Affairs pursuant to s. 163.3184 and shall provide for |
| 13090 | the following: |
| 13091 | a. Criteria for the designation of receiving areas within |
| 13092 | rural land stewardship areas in which innovative planning and |
| 13093 | development strategies may be applied. Criteria shall at a |
| 13094 | minimum provide for the following: adequacy of suitable land to |
| 13095 | accommodate development so as to avoid conflict with |
| 13096 | environmentally sensitive areas, resources, and habitats; |
| 13097 | compatibility between and transition from higher density uses to |
| 13098 | lower intensity rural uses; the establishment of receiving area |
| 13099 | service boundaries which provide for a separation between |
| 13100 | receiving areas and other land uses within the rural land |
| 13101 | stewardship area through limitations on the extension of |
| 13102 | services; and connection of receiving areas with the rest of the |
| 13103 | rural land stewardship area using rural design and rural road |
| 13104 | corridors. |
| 13105 | b. Goals, objectives, and policies setting forth the |
| 13106 | innovative planning and development strategies to be applied |
| 13107 | within rural land stewardship areas pursuant to the provisions |
| 13108 | of this section. |
| 13109 | c. A process for the implementation of innovative planning |
| 13110 | and development strategies within the rural land stewardship |
| 13111 | area, including those described in this subsection and rule 9J- |
| 13112 | 5.006(5)(l), Florida Administrative Code, which provide for a |
| 13113 | functional mix of land uses, including adequate available |
| 13114 | workforce housing, including low, very-low and moderate income |
| 13115 | housing for the development anticipated in the receiving area |
| 13116 | and which are applied through the adoption by the local |
| 13117 | government of zoning and land development regulations applicable |
| 13118 | to the rural land stewardship area. |
| 13119 | d. A process which encourages visioning pursuant to s. |
| 13120 | 163.3167(11) to ensure that innovative planning and development |
| 13121 | strategies comply with the provisions of this section. |
| 13122 | e. The control of sprawl through the use of innovative |
| 13123 | strategies and creative land use techniques consistent with the |
| 13124 | provisions of this subsection and rule 9J-5.006(5)(l), Florida |
| 13125 | Administrative Code. |
| 13126 | 5. A receiving area shall be designated by the adoption of |
| 13127 | a land development regulation. Prior to the designation of a |
| 13128 | receiving area, the local government shall provide the state |
| 13129 | land planning agency Department of Community Affairs a period of |
| 13130 | 30 days in which to review a proposed receiving area for |
| 13131 | consistency with the rural land stewardship area plan amendment |
| 13132 | and to provide comments to the local government. At the time of |
| 13133 | designation of a stewardship receiving area, a listed species |
| 13134 | survey will be performed. If listed species occur on the |
| 13135 | receiving area site, the developer shall coordinate with each |
| 13136 | appropriate local, state, or federal agency to determine if |
| 13137 | adequate provisions have been made to protect those species in |
| 13138 | accordance with applicable regulations. In determining the |
| 13139 | adequacy of provisions for the protection of listed species and |
| 13140 | their habitats, the rural land stewardship area shall be |
| 13141 | considered as a whole, and the impacts to areas to be developed |
| 13142 | as receiving areas shall be considered together with the |
| 13143 | environmental benefits of areas protected as sending areas in |
| 13144 | fulfilling this criteria. |
| 13145 | 6. Upon the adoption of a plan amendment creating a rural |
| 13146 | land stewardship area, the local government shall, by ordinance, |
| 13147 | establish the methodology for the creation, conveyance, and use |
| 13148 | of transferable rural land use credits, otherwise referred to as |
| 13149 | stewardship credits, the application of which shall not |
| 13150 | constitute a right to develop land, nor increase density of |
| 13151 | land, except as provided by this section. The total amount of |
| 13152 | transferable rural land use credits within the rural land |
| 13153 | stewardship area must enable the realization of the long-term |
| 13154 | vision and goals for the 25-year or greater projected population |
| 13155 | of the rural land stewardship area, which may take into |
| 13156 | consideration the anticipated effect of the proposed receiving |
| 13157 | areas. Transferable rural land use credits are subject to the |
| 13158 | following limitations: |
| 13159 | a. Transferable rural land use credits may only exist |
| 13160 | within a rural land stewardship area. |
| 13161 | b. Transferable rural land use credits may only be used on |
| 13162 | lands designated as receiving areas and then solely for the |
| 13163 | purpose of implementing innovative planning and development |
| 13164 | strategies and creative land use planning techniques adopted by |
| 13165 | the local government pursuant to this section. |
| 13166 | c. Transferable rural land use credits assigned to a |
| 13167 | parcel of land within a rural land stewardship area shall cease |
| 13168 | to exist if the parcel of land is removed from the rural land |
| 13169 | stewardship area by plan amendment. |
| 13170 | d. Neither the creation of the rural land stewardship area |
| 13171 | by plan amendment nor the assignment of transferable rural land |
| 13172 | use credits by the local government shall operate to displace |
| 13173 | the underlying density of land uses assigned to a parcel of land |
| 13174 | within the rural land stewardship area; however, if transferable |
| 13175 | rural land use credits are transferred from a parcel for use |
| 13176 | within a designated receiving area, the underlying density |
| 13177 | assigned to the parcel of land shall cease to exist. |
| 13178 | e. The underlying density on each parcel of land located |
| 13179 | within a rural land stewardship area shall not be increased or |
| 13180 | decreased by the local government, except as a result of the |
| 13181 | conveyance or use of transferable rural land use credits, as |
| 13182 | long as the parcel remains within the rural land stewardship |
| 13183 | area. |
| 13184 | f. Transferable rural land use credits shall cease to |
| 13185 | exist on a parcel of land where the underlying density assigned |
| 13186 | to the parcel of land is utilized. |
| 13187 | g. An increase in the density of use on a parcel of land |
| 13188 | located within a designated receiving area may occur only |
| 13189 | through the assignment or use of transferable rural land use |
| 13190 | credits and shall not require a plan amendment. |
| 13191 | h. A change in the density of land use on parcels located |
| 13192 | within receiving areas shall be specified in a development order |
| 13193 | which reflects the total number of transferable rural land use |
| 13194 | credits assigned to the parcel of land and the infrastructure |
| 13195 | and support services necessary to provide for a functional mix |
| 13196 | of land uses corresponding to the plan of development. |
| 13197 | i. Land within a rural land stewardship area may be |
| 13198 | removed from the rural land stewardship area through a plan |
| 13199 | amendment. |
| 13200 | j. Transferable rural land use credits may be assigned at |
| 13201 | different ratios of credits per acre according to the natural |
| 13202 | resource or other beneficial use characteristics of the land and |
| 13203 | according to the land use remaining following the transfer of |
| 13204 | credits, with the highest number of credits per acre assigned to |
| 13205 | the most environmentally valuable land or, in locations where |
| 13206 | the retention of open space and agricultural land is a priority, |
| 13207 | to such lands. |
| 13208 | k. The use or conveyance of transferable rural land use |
| 13209 | credits must be recorded in the public records of the county in |
| 13210 | which the property is located as a covenant or restrictive |
| 13211 | easement running with the land in favor of the county and either |
| 13212 | the Department of Environmental Protection, Department of |
| 13213 | Agriculture and Consumer Services, a water management district, |
| 13214 | or a recognized statewide land trust. |
| 13215 | 7. Owners of land within rural land stewardship areas |
| 13216 | should be provided incentives to enter into rural land |
| 13217 | stewardship agreements, pursuant to existing law and rules |
| 13218 | adopted thereto, with state agencies, water management |
| 13219 | districts, and local governments to achieve mutually agreed upon |
| 13220 | conservation objectives. Such incentives may include, but not be |
| 13221 | limited to, the following: |
| 13222 | a. Opportunity to accumulate transferable mitigation |
| 13223 | credits. |
| 13224 | b. Extended permit agreements. |
| 13225 | c. Opportunities for recreational leases and ecotourism. |
| 13226 | d. Payment for specified land management services on |
| 13227 | publicly owned land, or property under covenant or restricted |
| 13228 | easement in favor of a public entity. |
| 13229 | e. Option agreements for sale to public entities or |
| 13230 | private land conservation entities, in either fee or easement, |
| 13231 | upon achievement of conservation objectives. |
| 13232 | 8. The department shall report to the Legislature on an |
| 13233 | annual basis on the results of implementation of rural land |
| 13234 | stewardship areas authorized by the department, including |
| 13235 | successes and failures in achieving the intent of the |
| 13236 | Legislature as expressed in this paragraph. |
| 13237 | (e) The Legislature finds that mixed-use, high-density |
| 13238 | development is appropriate for urban infill and redevelopment |
| 13239 | areas. Mixed-use projects accommodate a variety of uses, |
| 13240 | including residential and commercial, and usually at higher |
| 13241 | densities that promote pedestrian-friendly, sustainable |
| 13242 | communities. The Legislature recognizes that mixed-use, high- |
| 13243 | density development improves the quality of life for residents |
| 13244 | and businesses in urban areas. The Legislature finds that mixed- |
| 13245 | use, high-density redevelopment and infill benefits residents by |
| 13246 | creating a livable community with alternative modes of |
| 13247 | transportation. Furthermore, the Legislature finds that local |
| 13248 | zoning ordinances often discourage mixed-use, high-density |
| 13249 | development in areas that are appropriate for urban infill and |
| 13250 | redevelopment. The Legislature intends to discourage single-use |
| 13251 | zoning in urban areas which often leads to lower-density, land- |
| 13252 | intensive development outside an urban service area. Therefore, |
| 13253 | the state land planning agency Department of Community Affairs |
| 13254 | shall provide technical assistance to local governments in order |
| 13255 | to encourage mixed-use, high-density urban infill and |
| 13256 | redevelopment projects. |
| 13257 | (f) The Legislature finds that a program for the transfer |
| 13258 | of development rights is a useful tool to preserve historic |
| 13259 | buildings and create public open spaces in urban areas. A |
| 13260 | program for the transfer of development rights allows the |
| 13261 | transfer of density credits from historic properties and public |
| 13262 | open spaces to areas designated for high-density development. |
| 13263 | The Legislature recognizes that high-density development is |
| 13264 | integral to the success of many urban infill and redevelopment |
| 13265 | projects. The Legislature intends to encourage high-density |
| 13266 | urban infill and redevelopment while preserving historic |
| 13267 | structures and open spaces. Therefore, the state land planning |
| 13268 | agency Department of Community Affairs shall provide technical |
| 13269 | assistance to local governments in order to promote the transfer |
| 13270 | of development rights within urban areas for high-density infill |
| 13271 | and redevelopment projects. |
| 13272 | Section 223. Subsection (3) of section 163.3178, Florida |
| 13273 | Statutes, is amended to read: |
| 13274 | 163.3178 Coastal management.- |
| 13275 | (3) Expansions to port harbors, spoil disposal sites, |
| 13276 | navigation channels, turning basins, harbor berths, and other |
| 13277 | related inwater harbor facilities of ports listed in s. |
| 13278 | 403.021(9); port transportation facilities and projects listed |
| 13279 | in s. 311.07(3)(b); intermodal transportation facilities |
| 13280 | identified pursuant to s. 311.09(3); and facilities determined |
| 13281 | by the state land planning agency Department of Community |
| 13282 | Affairs and applicable general-purpose local government to be |
| 13283 | port-related industrial or commercial projects located within 3 |
| 13284 | miles of or in a port master plan area which rely upon the use |
| 13285 | of port and intermodal transportation facilities shall not be |
| 13286 | designated as developments of regional impact if such |
| 13287 | expansions, projects, or facilities are consistent with |
| 13288 | comprehensive master plans that are in compliance with this |
| 13289 | section. |
| 13290 | Section 224. Paragraph (b) of subsection (1) and paragraph |
| 13291 | (g) of subsection (16) of section 163.3180, Florida Statutes, is |
| 13292 | amended to read: |
| 13293 | 163.3180 Concurrency.- |
| 13294 | (1) |
| 13295 | (b) Local governments shall use professionally accepted |
| 13296 | techniques for measuring level of service for automobiles, |
| 13297 | bicycles, pedestrians, transit, and trucks. These techniques may |
| 13298 | be used to evaluate increased accessibility by multiple modes |
| 13299 | and reductions in vehicle miles of travel in an area or zone. |
| 13300 | The Department of Transportation shall develop methodologies to |
| 13301 | assist local governments in implementing this multimodal level- |
| 13302 | of-service analysis. The state land planning agency Department |
| 13303 | of Community Affairs and the Department of Transportation shall |
| 13304 | provide technical assistance to local governments in applying |
| 13305 | these methodologies. |
| 13306 | (16) It is the intent of the Legislature to provide a |
| 13307 | method by which the impacts of development on transportation |
| 13308 | facilities can be mitigated by the cooperative efforts of the |
| 13309 | public and private sectors. The methodology used to calculate |
| 13310 | proportionate fair-share mitigation under this section shall be |
| 13311 | as provided for in subsection (12). |
| 13312 | (g) Except as provided in subparagraph (b)1., this section |
| 13313 | may not prohibit the state land planning agency Department of |
| 13314 | Community Affairs from finding other portions of the capital |
| 13315 | improvements element amendments not in compliance as provided in |
| 13316 | this chapter. |
| 13317 | Section 225. Section 163.3204, Florida Statutes, is |
| 13318 | amended to read: |
| 13319 | 163.3204 Cooperation by state and regional agencies.-The |
| 13320 | state land planning agency Department of Community Affairs and |
| 13321 | any ad hoc working groups appointed by the department and all |
| 13322 | state and regional agencies involved in the administration and |
| 13323 | implementation of this act shall cooperate and work with units |
| 13324 | of local government in the preparation and adoption of |
| 13325 | comprehensive plans, or elements or portions thereof, and of |
| 13326 | local land development regulations. |
| 13327 | Section 226. Subsection (14) of section 163.3221, Florida |
| 13328 | Statutes, is amended to read: |
| 13329 | 163.3221 Florida Local Government Development Agreement |
| 13330 | Act; definitions.-As used in ss. 163.3220-163.3243: |
| 13331 | (14) "State land planning agency" means the Department of |
| 13332 | Economic Opportunity the Department of Community Affairs. |
| 13333 | Section 227. Subsection (1) of section 163.3246, Florida |
| 13334 | Statutes, is amended to read: |
| 13335 | 163.3246 Local government comprehensive planning |
| 13336 | certification program.- |
| 13337 | (1) There is created the Local Government Comprehensive |
| 13338 | Planning Certification Program to be administered by the |
| 13339 | Department of Economic Opportunity Community Affairs. The |
| 13340 | purpose of the program is to create a certification process for |
| 13341 | local governments who identify a geographic area for |
| 13342 | certification within which they commit to directing growth and |
| 13343 | who, because of a demonstrated record of effectively adopting, |
| 13344 | implementing, and enforcing its comprehensive plan, the level of |
| 13345 | technical planning experience exhibited by the local government, |
| 13346 | and a commitment to implement exemplary planning practices, |
| 13347 | require less state and regional oversight of the comprehensive |
| 13348 | plan amendment process. The purpose of the certification area is |
| 13349 | to designate areas that are contiguous, compact, and appropriate |
| 13350 | for urban growth and development within a 10-year planning |
| 13351 | timeframe. Municipalities and counties are encouraged to jointly |
| 13352 | establish the certification area, and subsequently enter into |
| 13353 | joint certification agreement with the department. |
| 13354 | Section 228. Paragraphs (a) and (b) of subsection (5) of |
| 13355 | section 163.3247, Florida Statutes, are amended to read: |
| 13356 | 163.3247 Century Commission for a Sustainable Florida.- |
| 13357 | (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.- |
| 13358 | (a) The Commissioner of Economic Opportunity Secretary of |
| 13359 | Community Affairs shall select an executive director of the |
| 13360 | commission, and the executive director shall serve at the |
| 13361 | pleasure of the secretary under the supervision and control of |
| 13362 | the commission. |
| 13363 | (b) The Department of Economic Opportunity Community |
| 13364 | Affairs shall provide staff and other resources necessary to |
| 13365 | accomplish the goals of the commission based upon |
| 13366 | recommendations of the Governor. |
| 13367 | Section 229. Paragraph (c) of subsection (2) of section |
| 13368 | 163.336, Florida Statutes, is amended to read: |
| 13369 | 163.336 Coastal resort area redevelopment pilot project.- |
| 13370 | (2) PILOT PROJECT ADMINISTRATION.- |
| 13371 | (c) The Office of the Governor, Department of |
| 13372 | Environmental Protection, and the Department of Economic |
| 13373 | Opportunity Community Affairs are directed to provide technical |
| 13374 | assistance to expedite permitting for redevelopment projects and |
| 13375 | construction activities within the pilot project areas |
| 13376 | consistent with the principles, processes, and timeframes |
| 13377 | provided in s. 403.973. |
| 13378 | Section 230. Section 163.458, Florida Statutes, is amended |
| 13379 | to read: |
| 13380 | 163.458 Three-tiered plan.-The Department of Economic |
| 13381 | Opportunity Community Affairs is authorized to award core |
| 13382 | administrative and operating grants. Administrative and |
| 13383 | operating grants shall be used for staff salaries and |
| 13384 | administrative expenses for eligible community-based development |
| 13385 | organizations selected through a competitive three-tiered |
| 13386 | process for the purpose of housing and economic development |
| 13387 | projects. The department shall adopt by rule a set of criteria |
| 13388 | for three-tiered funding that shall ensure equitable geographic |
| 13389 | distribution of the funding throughout the state. This three- |
| 13390 | tiered plan shall include emerging, intermediate, and mature |
| 13391 | community-based development organizations recognizing the |
| 13392 | varying needs of the three tiers. Funding shall be provided for |
| 13393 | core administrative and operating grants for all levels of |
| 13394 | community-based development organizations. Priority shall be |
| 13395 | given to those organizations that demonstrate community-based |
| 13396 | productivity and high performance as evidenced by past projects |
| 13397 | developed with stakeholder input that have responded to |
| 13398 | neighborhood needs, and have current projects located in high- |
| 13399 | poverty neighborhoods, and to emerging community-based |
| 13400 | development corporations that demonstrate a positive need |
| 13401 | identified by stakeholders. Persons, equipment, supplies, and |
| 13402 | other resources funded in whole or in part by grant funds shall |
| 13403 | be utilized to further the purposes of this act, and may be |
| 13404 | utilized to further the goals and objectives of the Front Porch |
| 13405 | Florida Initiative. Each community-based development |
| 13406 | organization shall be eligible to apply for a grant of up to |
| 13407 | $50,000 per year for a period of 5 years. |
| 13408 | Section 231. Section 163.460, Florida Statutes, is amended |
| 13409 | to read: |
| 13410 | 163.460 Application requirements.-A community-based |
| 13411 | development organization applying for a core administrative and |
| 13412 | operating grant pursuant to this act must submit a proposal to |
| 13413 | the Department of Economic Opportunity Community Affairs that |
| 13414 | includes: |
| 13415 | (1) A map and narrative description of the service areas |
| 13416 | for the community-based development organization. |
| 13417 | (2) A copy of the documents creating the community-based |
| 13418 | development organization. |
| 13419 | (3) A listing of the membership of the board of the |
| 13420 | community-based development organization, including individual |
| 13421 | members' terms of office and the number of low-income residents |
| 13422 | on the board. |
| 13423 | (4) The organization's annual revitalization plan that |
| 13424 | describes the expenditure of the funds, including goals, |
| 13425 | objectives, and expected results, and has a clear relationship |
| 13426 | to the local municipality's comprehensive plan. |
| 13427 | (5) Other supporting information that may be required by |
| 13428 | the Department of Economic Opportunity Community Affairs to |
| 13429 | determine the organization's capacity and productivity. |
| 13430 | (6) A description of the location, financing plan, and |
| 13431 | potential impact of the business enterprises on residential, |
| 13432 | commercial, or industrial development, that shows a clear |
| 13433 | relationship to the organization's annual revitalization plan |
| 13434 | and demonstrates how the proposed expenditures are directly |
| 13435 | related to the scope of work for the proposed projects in the |
| 13436 | annual revitalization plan. |
| 13437 | Section 232. Section 163.461, Florida Statutes, is amended |
| 13438 | to read: |
| 13439 | 163.461 Reporting and evaluation requirements.-Community- |
| 13440 | based development organizations that receive funds under this |
| 13441 | act shall provide the following information to the Department of |
| 13442 | Economic Opportunity Community Affairs annually: |
| 13443 | (1) A listing of business firms and individuals assisted |
| 13444 | by the community-based development organization during the |
| 13445 | reporting period. |
| 13446 | (2) A listing of the type, source, purpose, and amount of |
| 13447 | each individual grant, loan, or donation received by the |
| 13448 | community-based development organization during the reporting |
| 13449 | period. |
| 13450 | (3) The number of paid and voluntary positions within the |
| 13451 | community-based development organization. |
| 13452 | (4) A listing of the salaries and administrative and |
| 13453 | operating expenses of the community-based development |
| 13454 | organization. |
| 13455 | (5) An identification and explanation of changes in the |
| 13456 | boundaries of the target area. |
| 13457 | (6) The amount of earned income from projects, programs, |
| 13458 | and development activities. |
| 13459 | (7) The number and description of projects in |
| 13460 | predevelopment phase, projects under construction, ongoing |
| 13461 | service programs, construction projects completed, and projects |
| 13462 | at sell-out or lease-up and property management phase, and a |
| 13463 | written explanation of the reasons that caused any projects not |
| 13464 | to be completed for the projected development phase. |
| 13465 | (8) The impact of the projects, as a result of receiving |
| 13466 | funding under this act, on residents in the target area, and the |
| 13467 | relationship of this impact to expected outcomes listed in the |
| 13468 | organization's annual revitalization plan. |
| 13469 | (9) The number of housing units rehabilitated or |
| 13470 | constructed at various stages of development, predevelopment |
| 13471 | phase, construction phase, completion and sell-out or lease-up |
| 13472 | phase, and condominium or property management phase by the |
| 13473 | community-based development organization within the service area |
| 13474 | during the reporting period. |
| 13475 | (10) The number of housing units, number of projects, and |
| 13476 | number of persons served by prior projects developed by the |
| 13477 | organization, the amounts of project financing leverage with |
| 13478 | state funds for each prior and current project, and the |
| 13479 | incremental amounts of local and state real estate tax and sales |
| 13480 | tax revenue generated directly by the projects and programs |
| 13481 | annually. |
| 13482 | (11) The number of jobs, both permanent and temporary, |
| 13483 | received by individuals who were directly assisted by the |
| 13484 | community-based development organization through assistance to |
| 13485 | the business such as a loan or other credit assistance. |
| 13486 | (12) An identification and explanation of changes in the |
| 13487 | boundaries of the service area. |
| 13488 | (13) The impact of completed projects on residents in the |
| 13489 | target area and the relationship of this impact to expected |
| 13490 | outcomes listed in the organization's annual revitalization |
| 13491 | plan. |
| 13492 | (14) Such other information as the Department of Economic |
| 13493 | Opportunity Community Affairs requires. |
| 13494 | Section 233. Section 163.462, Florida Statutes, is amended |
| 13495 | to read: |
| 13496 | 163.462 Rulemaking authority.-The Department of Economic |
| 13497 | Opportunity Community Affairs shall adopt rules for the |
| 13498 | administration of this act. |
| 13499 | Section 234. Subsection (1) of section 163.5055, Florida |
| 13500 | Statutes, is amended to read: |
| 13501 | 163.5055 Registration of district establishment; notice of |
| 13502 | dissolution.- |
| 13503 | (1)(a) Each neighborhood improvement district authorized |
| 13504 | and established under this part shall within 30 days thereof |
| 13505 | register with both the Department of Economic Opportunity |
| 13506 | Community Affairs and the Department of Legal Affairs by |
| 13507 | providing these departments with the district's name, location, |
| 13508 | size, and type, and such other information as the departments |
| 13509 | may require. |
| 13510 | (b) Each local governing body which authorizes the |
| 13511 | dissolution of a district shall notify both the Department of |
| 13512 | Economic Opportunity Community Affairs and the Department of |
| 13513 | Legal Affairs within 30 days after the dissolution of the |
| 13514 | district. |
| 13515 | Section 235. Paragraph (h) of subsection (1) of section |
| 13516 | 163.506, Florida Statutes, is amended to read: |
| 13517 | 163.506 Local government neighborhood improvement |
| 13518 | districts; creation; advisory council; dissolution.- |
| 13519 | (1) After a local planning ordinance has been adopted |
| 13520 | authorizing the creation of local government neighborhood |
| 13521 | improvement districts, the local governing body of a |
| 13522 | municipality or county may create local government neighborhood |
| 13523 | improvement districts by the enactment of a separate ordinance |
| 13524 | for each district, which ordinance: |
| 13525 | (h) Requires the district to notify the Department of |
| 13526 | Legal Affairs and the Department of Economic Opportunity |
| 13527 | Community Affairs in writing of its establishment within 30 days |
| 13528 | thereof pursuant to s. 163.5055. |
| 13529 | Section 236. Paragraph (g) of subsection (1) of section |
| 13530 | 163.508, Florida Statutes, is amended to read: |
| 13531 | 163.508 Property owners' association neighborhood |
| 13532 | improvement districts; creation; powers and duties; duration.- |
| 13533 | (1) After a local planning ordinance has been adopted |
| 13534 | authorizing the creation of property owners' association |
| 13535 | neighborhood improvement districts, the local governing body of |
| 13536 | a municipality or county may create property owners' association |
| 13537 | neighborhood improvement districts by the enactment of a |
| 13538 | separate ordinance for each district, which ordinance: |
| 13539 | (g) Requires the district to notify the Department of |
| 13540 | Legal Affairs and the Department of Economic Opportunity |
| 13541 | Community Affairs in writing of its establishment within 30 days |
| 13542 | thereof pursuant to s. 163.5055. |
| 13543 | Section 237. Paragraph (i) of subsection (1) of section |
| 13544 | 163.511, Florida Statutes, is amended to read: |
| 13545 | 163.511 Special neighborhood improvement districts; |
| 13546 | creation; referendum; board of directors; duration; extension.- |
| 13547 | (1) After a local planning ordinance has been adopted |
| 13548 | authorizing the creation of special neighborhood improvement |
| 13549 | districts, the governing body of a municipality or county may |
| 13550 | declare the need for and create special residential or business |
| 13551 | neighborhood improvement districts by the enactment of a |
| 13552 | separate ordinance for each district, which ordinance: |
| 13553 | (i) Requires the district to notify the Department of |
| 13554 | Legal Affairs and the Department of Economic Opportunity |
| 13555 | Community Affairs in writing of its establishment within 30 days |
| 13556 | thereof pursuant to s. 163.5055. |
| 13557 | Section 238. Paragraph (i) of subsection (1) of section |
| 13558 | 163.512, Florida Statutes, is amended to read: |
| 13559 | 163.512 Community redevelopment neighborhood improvement |
| 13560 | districts; creation; advisory council; dissolution.- |
| 13561 | (1) Upon the recommendation of the community redevelopment |
| 13562 | agency and after a local planning ordinance has been adopted |
| 13563 | authorizing the creation of community redevelopment neighborhood |
| 13564 | improvement districts, the local governing body of a |
| 13565 | municipality or county may create community redevelopment |
| 13566 | neighborhood improvement districts by the enactment of a |
| 13567 | separate ordinance for each district, which ordinance: |
| 13568 | (i) Requires the district to notify the Department of |
| 13569 | Legal Affairs and the Department of Economic Opportunity |
| 13570 | Community Affairs in writing of its establishment within 30 days |
| 13571 | thereof pursuant to s. 163.5055. |
| 13572 | Section 239. Subsection (6) of section 165.031, Florida |
| 13573 | Statutes, is amended to read: |
| 13574 | 165.031 Definitions.-The following terms and phrases, when |
| 13575 | used in this chapter, shall have the meanings ascribed to them |
| 13576 | in this section, except where the context clearly indicates a |
| 13577 | different meaning: |
| 13578 | (6) "Department" means the Department of Economic |
| 13579 | Opportunity Community Affairs. |
| 13580 | Section 240. Subsection (1) of section 171.204, Florida |
| 13581 | Statutes, is amended to read: |
| 13582 | 171.204 Prerequisites to annexation under this part.-The |
| 13583 | interlocal service boundary agreement may describe the character |
| 13584 | of land that may be annexed under this part and may provide that |
| 13585 | the restrictions on the character of land that may be annexed |
| 13586 | pursuant to part I are not restrictions on land that may be |
| 13587 | annexed pursuant to this part. As determined in the interlocal |
| 13588 | service boundary agreement, any character of land may be |
| 13589 | annexed, including, but not limited to, an annexation of land |
| 13590 | not contiguous to the boundaries of the annexing municipality, |
| 13591 | an annexation that creates an enclave, or an annexation where |
| 13592 | the annexed area is not reasonably compact; however, such area |
| 13593 | must be "urban in character" as defined in s. 171.031(8). The |
| 13594 | interlocal service boundary agreement may not allow for |
| 13595 | annexation of land within a municipality that is not a party to |
| 13596 | the agreement or of land that is within another county. Before |
| 13597 | annexation of land that is not contiguous to the boundaries of |
| 13598 | the annexing municipality, an annexation that creates an |
| 13599 | enclave, or an annexation of land that is not currently served |
| 13600 | by water or sewer utilities, one of the following options must |
| 13601 | be followed: |
| 13602 | (1) The municipality shall transmit a comprehensive plan |
| 13603 | amendment that proposes specific amendments relating to the |
| 13604 | property anticipated for annexation to the Department of |
| 13605 | Economic Opportunity Community Affairs for review under chapter |
| 13606 | 163. After considering the department's review, the municipality |
| 13607 | may approve the annexation and comprehensive plan amendment |
| 13608 | concurrently. The local government must adopt the annexation and |
| 13609 | the comprehensive plan amendment as separate and distinct |
| 13610 | actions but may take such actions at a single public hearing; or |
| 13611 | Section 241. Subsection (4) of section 189.403, Florida |
| 13612 | Statutes, is amended to read: |
| 13613 | 189.403 Definitions.-As used in this chapter, the term: |
| 13614 | (4) "Department" means the Department of Financial |
| 13615 | Services Community Affairs. |
| 13616 | Section 242. Subsection (1) of section 189.4035, Florida |
| 13617 | Statutes, is amended to read: |
| 13618 | 189.4035 Preparation of official list of special |
| 13619 | districts.- |
| 13620 | (1) The department of Community Affairs shall compile the |
| 13621 | official list of special districts. The official list of special |
| 13622 | districts shall include all special districts in this state and |
| 13623 | shall indicate the independent or dependent status of each |
| 13624 | district. All special districts in the list shall be sorted by |
| 13625 | county. The definitions in s. 189.403 shall be the criteria for |
| 13626 | determination of the independent or dependent status of each |
| 13627 | special district on the official list. The status of community |
| 13628 | development districts shall be independent on the official list |
| 13629 | of special districts. |
| 13630 | Section 243. Section 189.412, Florida Statutes, is amended |
| 13631 | to read: |
| 13632 | 189.412 Special District Information Program; duties and |
| 13633 | responsibilities.-The Special District Information Program of |
| 13634 | the department of Community Affairs is created and has the |
| 13635 | following special duties: |
| 13636 | (1) The collection and maintenance of special district |
| 13637 | noncompliance status reports from the Department of Management |
| 13638 | Services, the Department of Financial Services, the Division of |
| 13639 | Bond Finance of the State Board of Administration, and the |
| 13640 | Auditor General for the reporting required in ss. 112.63, |
| 13641 | 218.32, 218.38, and 218.39. The noncompliance reports must list |
| 13642 | those special districts that did not comply with the statutory |
| 13643 | reporting requirements. |
| 13644 | (2) The maintenance of a master list of independent and |
| 13645 | dependent special districts which shall be available on the |
| 13646 | department's website. |
| 13647 | (3) The publishing and updating of a "Florida Special |
| 13648 | District Handbook" that contains, at a minimum: |
| 13649 | (a) A section that specifies definitions of special |
| 13650 | districts and status distinctions in the statutes. |
| 13651 | (b) A section or sections that specify current statutory |
| 13652 | provisions for special district creation, implementation, |
| 13653 | modification, dissolution, and operating procedures. |
| 13654 | (c) A section that summarizes the reporting requirements |
| 13655 | applicable to all types of special districts as provided in ss. |
| 13656 | 189.417 and 189.418. |
| 13657 | (4) When feasible, securing and maintaining access to |
| 13658 | special district information collected by all state agencies in |
| 13659 | existing or newly created state computer systems. |
| 13660 | (5) The facilitation of coordination and communication |
| 13661 | among state agencies regarding special district information. |
| 13662 | (6) The conduct of studies relevant to special districts. |
| 13663 | (7) The provision of assistance related to and appropriate |
| 13664 | in the performance of requirements specified in this chapter, |
| 13665 | including assisting with an annual conference sponsored by the |
| 13666 | Florida Association of Special Districts or its successor. |
| 13667 | (8) Providing assistance to local general-purpose |
| 13668 | governments and certain state agencies in collecting delinquent |
| 13669 | reports or information, helping special districts comply with |
| 13670 | reporting requirements, declaring special districts inactive |
| 13671 | when appropriate, and, when directed by the Legislative Auditing |
| 13672 | Committee, initiating enforcement provisions as provided in ss. |
| 13673 | 189.4044, 189.419, and 189.421. |
| 13674 | Section 244. Section 189.413, Florida Statutes, is amended |
| 13675 | to read: |
| 13676 | 189.413 Special districts; oversight of state funds use.- |
| 13677 | Any state agency administering funding programs for which |
| 13678 | special districts are eligible shall be responsible for |
| 13679 | oversight of the use of such funds by special districts. The |
| 13680 | oversight responsibilities shall include, but not be limited to: |
| 13681 | (1) Reporting the existence of the program to the Special |
| 13682 | District Information Program of the department of Community |
| 13683 | Affairs. |
| 13684 | (2) Submitting annually a list of special districts |
| 13685 | participating in a state funding program to the Special District |
| 13686 | Information Program of the department of Community Affairs. This |
| 13687 | list must indicate the special districts, if any, that are not |
| 13688 | in compliance with state funding program requirements. |
| 13689 | Section 245. Section 189.425, Florida Statutes, is amended |
| 13690 | to read: |
| 13691 | 189.425 Rulemaking authority.-The department of Community |
| 13692 | Affairs may adopt rules to implement the provisions of this |
| 13693 | chapter. |
| 13694 | Section 246. Section 189.427, Florida Statutes, is amended |
| 13695 | to read: |
| 13696 | 189.427 Fee schedule; Operating Trust Fund.-The department |
| 13697 | of Community Affairs, by rule, shall establish a schedule of |
| 13698 | fees to pay one-half of the costs incurred by the department in |
| 13699 | administering this act, except that the fee may not exceed $175 |
| 13700 | per district per year. The fees collected under this section |
| 13701 | shall be deposited in the Operating Trust Fund, which shall be |
| 13702 | administered by the department of Community Affairs. Any fee |
| 13703 | rule must consider factors such as the dependent and independent |
| 13704 | status of the district and district revenues for the most recent |
| 13705 | fiscal year as reported to the Department of Financial Services. |
| 13706 | The department may assess fines of not more than $25, with an |
| 13707 | aggregate total not to exceed $50, as penalties against special |
| 13708 | districts that fail to remit required fees to the department. It |
| 13709 | is the intent of the Legislature that general revenue funds will |
| 13710 | be made available to the department to pay one-half of the cost |
| 13711 | of administering this act. |
| 13712 | Section 247. Subsection (2) of section 190.009, Florida |
| 13713 | Statutes, is amended to read: |
| 13714 | 190.009 Disclosure of public financing.- |
| 13715 | (2) The Department of Financial Services Community Affairs |
| 13716 | shall keep a current list of districts and their disclosures |
| 13717 | pursuant to this act and shall make such studies and reports and |
| 13718 | take such actions as it deems necessary. |
| 13719 | Section 248. Section 190.047, Florida Statutes, is amended |
| 13720 | to read: |
| 13721 | 190.047 Incorporation or annexation of district.- |
| 13722 | (1) Upon attaining the population standards for |
| 13723 | incorporation contained in s. 165.061 and as determined by the |
| 13724 | Department of Financial Services Community Affairs, any district |
| 13725 | wholly contained within the unincorporated area of a county that |
| 13726 | also meets the other requirements for incorporation contained in |
| 13727 | s. 165.061 shall hold a referendum at a general election on the |
| 13728 | question of whether to incorporate. However, any district |
| 13729 | contiguous to the boundary of a municipality may be annexed to |
| 13730 | such municipality pursuant to the provisions of chapter 171. |
| 13731 | (2) The Department of Financial Services Community Affairs |
| 13732 | shall annually monitor the status of the district for purposes |
| 13733 | of carrying out the provisions of this section. |
| 13734 | Section 249. Subsection (1) of section 191.009, Florida |
| 13735 | Statutes, is amended to read: |
| 13736 | 191.009 Taxes; non-ad valorem assessments; impact fees and |
| 13737 | user charges.- |
| 13738 | (1) AD VALOREM TAXES.-An elected board may levy and assess |
| 13739 | ad valorem taxes on all taxable property in the district to |
| 13740 | construct, operate, and maintain district facilities and |
| 13741 | services, to pay the principal of, and interest on, general |
| 13742 | obligation bonds of the district, and to provide for any sinking |
| 13743 | or other funds established in connection with such bonds. An ad |
| 13744 | valorem tax levied by the board for operating purposes, |
| 13745 | exclusive of debt service on bonds, may not exceed 3.75 mills |
| 13746 | unless a higher amount has been previously authorized by law, |
| 13747 | subject to a referendum as required by the State Constitution |
| 13748 | and this act. The ballot question on such referendum shall state |
| 13749 | the currently authorized millage rate and the year of its |
| 13750 | approval by referendum. The levy of ad valorem taxes pursuant to |
| 13751 | this section must be approved by referendum called by the board |
| 13752 | when the proposed levy of ad valorem taxes exceeds the amount |
| 13753 | authorized by prior special act, general law of local |
| 13754 | application, or county ordinance approved by referendum. Nothing |
| 13755 | in this act shall require a referendum on the levy of ad valorem |
| 13756 | taxes in an amount previously authorized by special act, general |
| 13757 | law of local application, or county ordinance approved by |
| 13758 | referendum. Such tax shall be assessed, levied, and collected in |
| 13759 | the same manner as county taxes. The levy of ad valorem taxes |
| 13760 | approved by referendum shall be reported within 60 days after |
| 13761 | the vote to the Department of Financial Services Community |
| 13762 | Affairs. |
| 13763 | Section 250. Section 191.015, Florida Statutes, is amended |
| 13764 | to read: |
| 13765 | 191.015 Codification.-Each fire control district existing |
| 13766 | on the effective date of this section, by December 1, 2004, |
| 13767 | shall submit to the Legislature a draft codified charter, at its |
| 13768 | expense, so that its special acts may be codified into a single |
| 13769 | act for reenactment by the Legislature, if there is more than |
| 13770 | one special act for the district. The Legislature may adopt a |
| 13771 | schedule for individual district codification. Any codified act |
| 13772 | relating to a district, which act is submitted to the |
| 13773 | Legislature for reenactment, shall provide for the repeal of all |
| 13774 | prior special acts of the Legislature relating to the district. |
| 13775 | The codified act shall be filed with the Department of Financial |
| 13776 | Services Community Affairs pursuant to s. 189.418(2). |
| 13777 | Section 251. Paragraph (c) of subsection (1) and paragraph |
| 13778 | (a) of subsection (10) of section 201.15, Florida Statutes, as |
| 13779 | amended by chapter 2010-153, Laws of Florida, are amended to |
| 13780 | read: |
| 13781 | 201.15 Distribution of taxes collected.-All taxes |
| 13782 | collected under this chapter are subject to the service charge |
| 13783 | imposed in s. 215.20(1). Prior to distribution under this |
| 13784 | section, the Department of Revenue shall deduct amounts |
| 13785 | necessary to pay the costs of the collection and enforcement of |
| 13786 | the tax levied by this chapter. Such costs and the service |
| 13787 | charge may not be levied against any portion of taxes pledged to |
| 13788 | debt service on bonds to the extent that the costs and service |
| 13789 | charge are required to pay any amounts relating to the bonds. |
| 13790 | After distributions are made pursuant to subsection (1), all of |
| 13791 | the costs of the collection and enforcement of the tax levied by |
| 13792 | this chapter and the service charge shall be available and |
| 13793 | transferred to the extent necessary to pay debt service and any |
| 13794 | other amounts payable with respect to bonds authorized before |
| 13795 | January 1, 2010, secured by revenues distributed pursuant to |
| 13796 | subsection (1). All taxes remaining after deduction of costs and |
| 13797 | the service charge shall be distributed as follows: |
| 13798 | (1) Sixty-three and thirty-one hundredths percent of the |
| 13799 | remaining taxes shall be used for the following purposes: |
| 13800 | (c) After the required payments under paragraphs (a) and |
| 13801 | (b), the remainder shall be paid into the State Treasury to the |
| 13802 | credit of: |
| 13803 | 1. The State Transportation Trust Fund in the Department |
| 13804 | of Transportation in the amount of the lesser of 38.2 percent of |
| 13805 | the remainder or $541.75 million in each fiscal year, to be used |
| 13806 | for the following specified purposes, notwithstanding any other |
| 13807 | law to the contrary: |
| 13808 | a. For the purposes of capital funding for the New Starts |
| 13809 | Transit Program, authorized by Title 49, U.S.C. s. 5309 and |
| 13810 | specified in s. 341.051, 10 percent of these funds; |
| 13811 | b. For the purposes of the Small County Outreach Program |
| 13812 | specified in s. 339.2818, 5 percent of these funds. Effective |
| 13813 | July 1, 2014, the percentage allocated under this sub- |
| 13814 | subparagraph shall be increased to 10 percent; |
| 13815 | c. For the purposes of the Strategic Intermodal System |
| 13816 | specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent |
| 13817 | of these funds after allocating for the New Starts Transit |
| 13818 | Program described in sub-subparagraph a. and the Small County |
| 13819 | Outreach Program described in sub-subparagraph b.; and |
| 13820 | d. For the purposes of the Transportation Regional |
| 13821 | Incentive Program specified in s. 339.2819, 25 percent of these |
| 13822 | funds after allocating for the New Starts Transit Program |
| 13823 | described in sub-subparagraph a. and the Small County Outreach |
| 13824 | Program described in sub-subparagraph b. Effective July 1, 2014, |
| 13825 | the first $60 million of the funds allocated pursuant to this |
| 13826 | sub-subparagraph shall be allocated annually to the Florida Rail |
| 13827 | Enterprise for the purposes established in s. 341.303(5). |
| 13828 | 2. The Grants and Donations Trust Fund in the Department |
| 13829 | of Economic Opportunity the Department of Community Affairs in |
| 13830 | the amount of the lesser of .23 percent of the remainder or |
| 13831 | $3.25 million in each fiscal year, with 92 percent to be used to |
| 13832 | fund technical assistance to local governments and school boards |
| 13833 | on the requirements and implementation of this act and the |
| 13834 | remaining amount to be used to fund the Century Commission |
| 13835 | established in s. 163.3247. |
| 13836 | 3. The Ecosystem Management and Restoration Trust Fund in |
| 13837 | the amount of the lesser of 2.12 percent of the remainder or $30 |
| 13838 | million in each fiscal year, to be used for the preservation and |
| 13839 | repair of the state's beaches as provided in ss. 161.091- |
| 13840 | 161.212. |
| 13841 | 4. General Inspection Trust Fund in the amount of the |
| 13842 | lesser of .02 percent of the remainder or $300,000 in each |
| 13843 | fiscal year to be used to fund oyster management and restoration |
| 13844 | programs as provided in s. 379.362(3). |
| 13845 |
|
| 13846 | Moneys distributed pursuant to this paragraph may not be pledged |
| 13847 | for debt service unless such pledge is approved by referendum of |
| 13848 | the voters. |
| 13849 | (10) The lesser of 8.66 percent of the remaining taxes or |
| 13850 | $136 million in each fiscal year shall be paid into the State |
| 13851 | Treasury to the credit of the State Housing Trust Fund and used |
| 13852 | as follows: |
| 13853 | (a) Twelve and one-half percent of that amount shall be |
| 13854 | deposited into the State Housing Trust Fund and be expended by |
| 13855 | the Department of Economic Opportunity the Department of |
| 13856 | Community Affairs and by the Florida Housing Finance Corporation |
| 13857 | for the purposes for which the State Housing Trust Fund was |
| 13858 | created and exists by law. |
| 13859 | Section 252. Paragraph (j) of subsection (4) of section |
| 13860 | 215.5586, Florida Statutes, is amended to read: |
| 13861 | 215.5586 My Safe Florida Home Program.-There is |
| 13862 | established within the Department of Financial Services the My |
| 13863 | Safe Florida Home Program. The department shall provide fiscal |
| 13864 | accountability, contract management, and strategic leadership |
| 13865 | for the program, consistent with this section. This section does |
| 13866 | not create an entitlement for property owners or obligate the |
| 13867 | state in any way to fund the inspection or retrofitting of |
| 13868 | residential property in this state. Implementation of this |
| 13869 | program is subject to annual legislative appropriations. It is |
| 13870 | the intent of the Legislature that the My Safe Florida Home |
| 13871 | Program provide trained and certified inspectors to perform |
| 13872 | inspections for owners of site-built, single-family, residential |
| 13873 | properties and grants to eligible applicants as funding allows. |
| 13874 | The program shall develop and implement a comprehensive and |
| 13875 | coordinated approach for hurricane damage mitigation that may |
| 13876 | include the following: |
| 13877 | (4) ADVISORY COUNCIL.-There is created an advisory council |
| 13878 | to provide advice and assistance to the department regarding |
| 13879 | administration of the program. The advisory council shall |
| 13880 | consist of: |
| 13881 | (j) The director of the Florida Division of Emergency |
| 13882 | Management. |
| 13883 |
|
| 13884 | Members appointed under paragraphs (a)-(d) shall serve at the |
| 13885 | pleasure of the Financial Services Commission. Members appointed |
| 13886 | under paragraphs (e) and (f) shall serve at the pleasure of the |
| 13887 | appointing officer. All other members shall serve ex officio as |
| 13888 | voting ex officio members. Members of the advisory council shall |
| 13889 | serve without compensation but may receive reimbursement as |
| 13890 | provided in s. 112.061 for per diem and travel expenses incurred |
| 13891 | in the performance of their official duties. |
| 13892 | Section 253. Section 215.55865, Florida Statutes, is |
| 13893 | amended to read: |
| 13894 | 215.55865 Uniform home grading scale.-The Financial |
| 13895 | Services Commission shall adopt a uniform home grading scale to |
| 13896 | grade the ability of a home to withstand the wind load from a |
| 13897 | sustained severe tropical storm or hurricane. The commission |
| 13898 | shall coordinate with the Office of Insurance Regulation, the |
| 13899 | Department of Financial Services, and the Department of Economic |
| 13900 | Opportunity Community Affairs in developing the grading scale, |
| 13901 | which must be based upon and consistent with the rating system |
| 13902 | required by chapter 2006-12, Laws of Florida. The commission |
| 13903 | shall adopt the uniform grading scale by rule no later than June |
| 13904 | 30, 2007. |
| 13905 | Section 254. Subsection (1) of section 215.5588, Florida |
| 13906 | Statutes, is amended to read: |
| 13907 | 215.5588 Florida Disaster Recovery Program.- |
| 13908 | (1) The Department of Economic Opportunity Department of |
| 13909 | Community Affairs shall implement the 2006 Disaster Recovery |
| 13910 | Program from funds provided through the Emergency Supplemental |
| 13911 | Appropriations Act for Defense, the Global War on Terror, and |
| 13912 | Hurricane Recovery, 2006, for the purpose of assisting local |
| 13913 | governments in satisfying disaster recovery needs in the areas |
| 13914 | of low-income housing and infrastructure, with a primary focus |
| 13915 | on the hardening of single-family and multifamily housing units, |
| 13916 | not only to ensure that affordable housing can withstand the |
| 13917 | effects of hurricane-force winds, but also to mitigate the |
| 13918 | increasing costs of insurance, which may ultimately render |
| 13919 | existing affordable homes unaffordable or uninsurable. This |
| 13920 | section does not create an entitlement for local governments or |
| 13921 | property owners or obligate the state in any way to fund |
| 13922 | disaster recovery needs. |
| 13923 | Section 255. Subsection (2) of section 218.32, Florida |
| 13924 | Statutes, is amended to read: |
| 13925 | 218.32 Annual financial reports; local governmental |
| 13926 | entities.- |
| 13927 | (2) The department shall annually by December 1 file a |
| 13928 | verified report with the Governor, the Legislature, the Auditor |
| 13929 | General, and the Special District Information Program of the |
| 13930 | Department of Financial Services Community Affairs showing the |
| 13931 | revenues, both locally derived and derived from |
| 13932 | intergovernmental transfers, and the expenditures of each local |
| 13933 | governmental entity, regional planning council, local government |
| 13934 | finance commission, and municipal power corporation that is |
| 13935 | required to submit an annual financial report. The report must |
| 13936 | include, but is not limited to: |
| 13937 | (a) The total revenues and expenditures of each local |
| 13938 | governmental entity that is a component unit included in the |
| 13939 | annual financial report of the reporting entity. |
| 13940 | (b) The amount of outstanding long-term debt by each local |
| 13941 | governmental entity. For purposes of this paragraph, the term |
| 13942 | "long-term debt" means any agreement or series of agreements to |
| 13943 | pay money, which, at inception, contemplate terms of payment |
| 13944 | exceeding 1 year in duration. |
| 13945 | Section 256. Paragraph (g) of subsection (1) of section |
| 13946 | 218.37, Florida Statutes, is amended to read: |
| 13947 | 218.37 Powers and duties of Division of Bond Finance; |
| 13948 | advisory council.- |
| 13949 | (1) The Division of Bond Finance of the State Board of |
| 13950 | Administration, with respect to both general obligation bonds |
| 13951 | and revenue bonds, shall: |
| 13952 | (g) By January 1 each year, provide the Special District |
| 13953 | Information Program of the Department of Financial Services |
| 13954 | Community Affairs with a list of special districts that are not |
| 13955 | in compliance with the requirements in s. 218.38. |
| 13956 | Section 257. Paragraph (c) of subsection (1) of section |
| 13957 | 218.411, Florida Statutes, is amended to read: |
| 13958 | 218.411 Authorization for state technical and advisory |
| 13959 | assistance.- |
| 13960 | (1) The board is authorized, upon request, to assist local |
| 13961 | governments in investing funds that are temporarily in excess of |
| 13962 | operating needs by: |
| 13963 | (c) Providing, in cooperation with the Department of |
| 13964 | Financial Services Community Affairs, technical assistance to |
| 13965 | local governments in investment of surplus funds. |
| 13966 | Section 258. Paragraph (d) of subsection (2) and paragraph |
| 13967 | (e) of subsection (4) of section 220.183, Florida Statutes, are |
| 13968 | amended to read: |
| 13969 | 220.183 Community contribution tax credit.- |
| 13970 | (2) ELIGIBILITY REQUIREMENTS.- |
| 13971 | (d) The project shall be located in an area designated as |
| 13972 | an enterprise zone or a Front Porch Florida Community pursuant |
| 13973 | to s. 20.18(6). Any project designed to construct or |
| 13974 | rehabilitate housing for low-income or very-low-income |
| 13975 | households as defined in s. 420.9071(19) and (28) is exempt from |
| 13976 | the area requirement of this paragraph. This section does not |
| 13977 | preclude projects that propose to construct or rehabilitate |
| 13978 | housing for low-income or very-low-income households on |
| 13979 | scattered sites. Any project designed to provide increased |
| 13980 | access to high-speed broadband capabilities which includes |
| 13981 | coverage of a rural enterprise zone may locate the project's |
| 13982 | infrastructure in any area of a rural county. |
| 13983 | (4) ADMINISTRATION.- |
| 13984 | (e) The Department of Economic Opportunity The Office of |
| 13985 | Tourism, Trade, and Economic Development shall, in consultation |
| 13986 | with the Department of Community Affairs, the Florida Housing |
| 13987 | Finance Corporation, and the statewide and regional housing and |
| 13988 | financial intermediaries, shall market the availability of the |
| 13989 | community contribution tax credit program to community-based |
| 13990 | organizations. |
| 13991 | Section 259. Section 252.34, Florida Statutes, is amended |
| 13992 | to read: |
| 13993 | 252.34 Definitions.-As used in this part ss. 252.31- |
| 13994 | 252.60, the term: |
| 13995 | (1) "Disaster" means any natural, technological, or civil |
| 13996 | emergency that causes damage of sufficient severity and |
| 13997 | magnitude to result in a declaration of a state of emergency by |
| 13998 | a county, the Governor, or the President of the United States. |
| 13999 | Disasters are shall be identified by the severity of resulting |
| 14000 | damage, as follows: |
| 14001 | (a) "Catastrophic disaster" means a disaster that will |
| 14002 | require massive state and federal assistance, including |
| 14003 | immediate military involvement. |
| 14004 | (b) "Major disaster" means a disaster that will likely |
| 14005 | exceed local capabilities and require a broad range of state and |
| 14006 | federal assistance. |
| 14007 | (c) "Minor disaster" means a disaster that is likely to be |
| 14008 | within the response capabilities of local government and to |
| 14009 | result in only a minimal need for state or federal assistance. |
| 14010 | (2) "Division" means the Division of Emergency Management |
| 14011 | of the Executive Office of the Governor of the Department of |
| 14012 | Community Affairs, or the successor to that division. |
| 14013 | (3) "Emergency" means any occurrence, or threat thereof, |
| 14014 | whether natural, technological, or manmade, in war or in peace, |
| 14015 | which results or may result in substantial injury or harm to the |
| 14016 | population or substantial damage to or loss of property. |
| 14017 | (4) "Emergency management" means the preparation for, the |
| 14018 | mitigation of, the response to, and the recovery from |
| 14019 | emergencies and disasters. Specific emergency management |
| 14020 | responsibilities include, but are not limited to: |
| 14021 | (a) Reduction of vulnerability of people and communities |
| 14022 | of this state to damage, injury, and loss of life and property |
| 14023 | resulting from natural, technological, or manmade emergencies or |
| 14024 | hostile military or paramilitary action. |
| 14025 | (b) Preparation for prompt and efficient response and |
| 14026 | recovery to protect lives and property affected by emergencies. |
| 14027 | (c) Response to emergencies using all systems, plans, and |
| 14028 | resources necessary to preserve adequately the health, safety, |
| 14029 | and welfare of persons or property affected by the emergency. |
| 14030 | (d) Recovery from emergencies by providing for the rapid |
| 14031 | and orderly start of restoration and rehabilitation of persons |
| 14032 | and property affected by emergencies. |
| 14033 | (e) Provision of an emergency management system embodying |
| 14034 | all aspects of preemergency preparedness and postemergency |
| 14035 | response, recovery, and mitigation. |
| 14036 | (f) Assistance in anticipation, recognition, appraisal, |
| 14037 | prevention, and mitigation of emergencies which may be caused or |
| 14038 | aggravated by inadequate planning for, and regulation of, public |
| 14039 | and private facilities and land use. |
| 14040 | (5) "Local emergency management agency" means an |
| 14041 | organization created in accordance with the provisions of ss. |
| 14042 | 252.31-252.90 to discharge the emergency management |
| 14043 | responsibilities and functions of a political subdivision. |
| 14044 | (6) "Manmade emergency" means an emergency caused by an |
| 14045 | action against persons or society, including, but not limited |
| 14046 | to, enemy attack, sabotage, terrorism, civil unrest, or other |
| 14047 | action impairing the orderly administration of government. |
| 14048 | (7) "Natural emergency" means an emergency caused by a |
| 14049 | natural event, including, but not limited to, a hurricane, a |
| 14050 | storm, a flood, severe wave action, a drought, or an earthquake. |
| 14051 | (8) "Political subdivision" means any county or |
| 14052 | municipality created pursuant to law. |
| 14053 | (9) "Technological emergency" means an emergency caused by |
| 14054 | a technological failure or accident, including, but not limited |
| 14055 | to, an explosion, transportation accident, radiological |
| 14056 | accident, or chemical or other hazardous material incident. |
| 14057 | Section 260. Subsection (2) of section 252.355, Florida |
| 14058 | Statutes, is amended to read: |
| 14059 | 252.355 Registry of persons with special needs; notice.- |
| 14060 | (2) The division Department of Community Affairs shall be |
| 14061 | the designated lead agency responsible for community education |
| 14062 | and outreach to the public, including special needs clients, |
| 14063 | regarding registration and special needs shelters and general |
| 14064 | information regarding shelter stays. |
| 14065 | Section 261. Section 252.371, Florida Statutes, is amended |
| 14066 | to read: |
| 14067 | 252.371 Emergency Management, Preparedness, and Assistance |
| 14068 | Trust Fund.-There is created the Emergency Management, |
| 14069 | Preparedness, and Assistance Trust Fund to be administered by |
| 14070 | the division Department of Community Affairs. |
| 14071 | Section 262. Subsections (1) and (2) of section 252.373, |
| 14072 | Florida Statutes, are amended to read: |
| 14073 | 252.373 Allocation of funds; rules.- |
| 14074 | (1) Funds appropriated from the Emergency Management, |
| 14075 | Preparedness, and Assistance Trust Fund shall be allocated by |
| 14076 | the division Department of Community Affairs for the following |
| 14077 | purposes: |
| 14078 | (a) To implement and administer state and local emergency |
| 14079 | management programs, including administration, training, and |
| 14080 | operations. |
| 14081 | (b) For grants and loans to state or regional agencies, |
| 14082 | local governments, and private organizations to implement |
| 14083 | projects that will further state and local emergency management |
| 14084 | objectives. These projects must include, but need not be limited |
| 14085 | to, projects that will promote public education on disaster |
| 14086 | preparedness and recovery issues, enhance coordination of relief |
| 14087 | efforts of statewide private sector organizations, and improve |
| 14088 | the training and operations capabilities of agencies assigned |
| 14089 | lead or support responsibilities in the state comprehensive |
| 14090 | emergency management plan, including the State Fire Marshal's |
| 14091 | Office for coordinating the Florida fire services. The division |
| 14092 | shall establish criteria and procedures for competitive |
| 14093 | allocation of these funds by rule. No more than 5 percent of any |
| 14094 | award made pursuant to this subparagraph may be used for |
| 14095 | administrative expenses. This competitive criteria must give |
| 14096 | priority consideration to hurricane evacuation shelter retrofit |
| 14097 | projects. |
| 14098 | (c) To meet any matching requirements imposed as a |
| 14099 | condition of receiving federal disaster relief assistance. |
| 14100 | (2) The division department shall allocate funds from the |
| 14101 | Emergency Management, Preparedness, and Assistance Trust Fund to |
| 14102 | local emergency management agencies and programs pursuant to |
| 14103 | criteria specified in rule. Such rules shall include, but are |
| 14104 | not limited to: |
| 14105 | (a) Requiring that, at a minimum, a local emergency |
| 14106 | management agency either: |
| 14107 | 1. Have a program director who works at least 40 hours a |
| 14108 | week in that capacity; or |
| 14109 | 2. If the county has fewer than 75,000 population or is |
| 14110 | party to an interjurisdictional emergency management agreement |
| 14111 | entered into pursuant to s. 252.38(3)(b), that is recognized by |
| 14112 | the Governor by executive order or rule, have an emergency |
| 14113 | management coordinator who works at least 20 hours a week in |
| 14114 | that capacity. |
| 14115 | (b) Specifying a formula that establishes a base grant |
| 14116 | allocation and weighted factors for funds to be allocated over |
| 14117 | the base grant amount. |
| 14118 | (c) Specifying match requirements. |
| 14119 | (d) Preferential funding to provide incentives to counties |
| 14120 | and municipalities to participate in mutual aid agreements. |
| 14121 | Section 263. Subsection (5) of section 252.55, Florida |
| 14122 | Statutes, is amended to read: |
| 14123 | 252.55 Civil Air Patrol, Florida Wing.- |
| 14124 | (5) The wing commander of the Florida Wing of the Civil |
| 14125 | Air Patrol shall biennially furnish the Division Bureau of |
| 14126 | Emergency Management a 2-year projection of the goals and |
| 14127 | objectives of the Civil Air Patrol which shall be reported in |
| 14128 | the division's biennial report submitted pursuant to s. 252.35. |
| 14129 | Section 264. Subsection (4) of section 252.60, Florida |
| 14130 | Statutes, is amended to read: |
| 14131 | 252.60 Radiological emergency preparedness.- |
| 14132 | (4) POWERS AND DUTIES.-In implementing the requirements of |
| 14133 | this section, the director of the division secretary of the |
| 14134 | department, or the director's secretary's designated |
| 14135 | representative, shall: |
| 14136 | (a) Negotiate and enter into such additional contracts and |
| 14137 | arrangements among the division, appropriate counties, and each |
| 14138 | operator to provide for the level of funding and the respective |
| 14139 | roles of each in the development, preparation, testing, and |
| 14140 | implementation of the plans. |
| 14141 | (b) Evaluate and determine the adequacy of the plans based |
| 14142 | upon consultations with the United States Nuclear Regulatory |
| 14143 | Commission and other agencies, as appropriate, and upon the |
| 14144 | results of such tests as may be conducted. |
| 14145 | (c) Limited to such funding as is available based upon the |
| 14146 | requirements of subsection (5), require the participation of |
| 14147 | appropriate counties and operators in the development, |
| 14148 | preparation, testing, or implementation of the plans as needed. |
| 14149 | (d) Determine the reasonableness and adequacy of the |
| 14150 | provisions, terms, and conditions of the plans and, in the event |
| 14151 | the appropriate counties and the operators cannot agree, resolve |
| 14152 | such differences and require compliance by the appropriate |
| 14153 | counties and the operators with the plans. In resolving such |
| 14154 | differences, the director secretary shall consider: |
| 14155 | 1. The requirements and parameters placed on the operators |
| 14156 | by federal law and agencies; |
| 14157 | 2. The reasonableness and adequacy of the funding for |
| 14158 | appropriate counties from any sources of funds other than local |
| 14159 | revenue sources; and |
| 14160 | 3. The reasonableness and appropriateness of the costs to |
| 14161 | the appropriate counties likely to be incurred in complying with |
| 14162 | provisions, terms, and conditions of the plans. |
| 14163 | (e) Receive, expend, and disburse such funds as are made |
| 14164 | available by each licensee pursuant to this section. |
| 14165 | (f) Limited to such funding as is available based upon the |
| 14166 | requirements of subsection (5), coordinate all activities |
| 14167 | undertaken pursuant to this section or required of appropriate |
| 14168 | counties and operators by any federal or state agency. |
| 14169 | Section 265. Section 252.61, Florida Statutes, is amended |
| 14170 | to read: |
| 14171 | 252.61 List of persons for contact relating to release of |
| 14172 | toxic substances into atmosphere.-The Division of Emergency |
| 14173 | Management Department of Community Affairs shall maintain a list |
| 14174 | of contact persons after the survey pursuant to s. 403.771 is |
| 14175 | completed. |
| 14176 | Section 266. Section 252.82, Florida Statutes, is amended |
| 14177 | to read: |
| 14178 | 252.82 Definitions.-As used in this part, the term: |
| 14179 | (1) "Commission" means the State Hazardous Materials |
| 14180 | Emergency Response Commission created pursuant to s. 301 of |
| 14181 | EPCRA. |
| 14182 | (2) "Committee" means any local emergency planning |
| 14183 | committee established in the state pursuant to s. 301 of EPCRA. |
| 14184 | (3) "Division" means the Division of Emergency Management |
| 14185 | of the Executive Office of the Governor. |
| 14186 | (3) "Department" means the Department of Community |
| 14187 | Affairs. |
| 14188 | (4) "Facility" means facility as defined in s. 329 of |
| 14189 | EPCRA. Vehicles placarded according to title 49 Code of Federal |
| 14190 | Regulations are shall not be considered a facility except for |
| 14191 | purposes of s. 304 of EPCRA. |
| 14192 | (5) "Hazardous material" means any hazardous chemical, |
| 14193 | toxic chemical, or extremely hazardous substance, as defined in |
| 14194 | s. 329 of EPCRA. |
| 14195 | (6) "EPCRA" means the Emergency Planning and Community |
| 14196 | Right-to-Know Act of 1986, title III of the Superfund Amendments |
| 14197 | and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300- |
| 14198 | 329, 42 U.S.C. ss. 11001 et seq.; and federal regulations |
| 14199 | adopted thereunder. |
| 14200 | (7) "Trust fund" means the Operating Trust Fund of the |
| 14201 | division Department of Community Affairs. |
| 14202 | Section 267. Section 252.83, Florida Statutes, is amended |
| 14203 | to read: |
| 14204 | 252.83 Powers and duties of the division department.- |
| 14205 | (1) The division department shall have the authority: |
| 14206 | (a) To coordinate its activities under this part with its |
| 14207 | other emergency management responsibilities, including its |
| 14208 | responsibilities under part I of this chapter, and activities |
| 14209 | and with the related activities of other agencies, keeping |
| 14210 | separate accounts for all activities supported or partially |
| 14211 | supported from the Operating Trust Fund. |
| 14212 | (b) To make rules, with the advice and consent of the |
| 14213 | commission, to implement this part. |
| 14214 | (2) The division department shall provide administrative |
| 14215 | support, including staff, facilities, materials, and services, |
| 14216 | to the commission and shall provide funding to the committees to |
| 14217 | enable the commission and the committees to perform their |
| 14218 | functions under EPCRA and this part. |
| 14219 | (3) The division department and the commission, to the |
| 14220 | extent possible, shall use the emergency planning capabilities |
| 14221 | of local governments to reduce duplication and paperwork to |
| 14222 | achieve the intent of this part. It is the intent of the |
| 14223 | Legislature that this part be implemented in the most cost- |
| 14224 | efficient manner possible, with the least possible financial |
| 14225 | impact on local government and the community. |
| 14226 | Section 268. Subsections (1), (3), (4), and (5) of section |
| 14227 | 252.85, Florida Statutes, are amended to read: |
| 14228 | 252.85 Fees.- |
| 14229 | (1) Any owner or operator of a facility required under s. |
| 14230 | 302 or s. 312 of EPCRA, or by s. 252.87, to submit a |
| 14231 | notification or an annual inventory form to the commission shall |
| 14232 | be required to pay an annual registration fee. The fee for any |
| 14233 | company, including all facilities under common ownership or |
| 14234 | control, shall not be less than $25 nor more than $2,000. The |
| 14235 | division department shall establish a reduced fee, of not less |
| 14236 | than $25 nor more than $500, applicable to any owner or operator |
| 14237 | regulated under part I of chapter 368, chapter 527, or s. |
| 14238 | 376.303, which does not have present any extremely hazardous |
| 14239 | substance, as defined by EPCRA, in excess of a threshold |
| 14240 | planning quantity, as established by EPCRA. The division |
| 14241 | department shall establish a reduced fee of not less than $25 |
| 14242 | nor more than $1,000, applicable to any owner or operator of a |
| 14243 | facility with a Standard Industrial Classification Code of 01, |
| 14244 | 02, or 07, which is eligible for the "routine agricultural use" |
| 14245 | exemption provided in ss. 311 and 312 of EPCRA. The fee under |
| 14246 | this subsection shall be based on the number of employees |
| 14247 | employed within the state at facilities under the common |
| 14248 | ownership or control of such owner or operator, which number |
| 14249 | shall be determined, to the extent possible, in accordance with |
| 14250 | data supplied by the Department of Economic Opportunity or the |
| 14251 | Department of Revenue the Department of Labor and Employment |
| 14252 | Security. In order to avoid the duplicative reporting of |
| 14253 | seasonal and temporary agricultural employees, fees applicable |
| 14254 | to owners or operators of agricultural facilities, which are |
| 14255 | eligible for the "routine agricultural use" reporting exemption |
| 14256 | provided in ss. 311 and 312 of EPCRA, shall be based on employee |
| 14257 | data which most closely reflects such owner or operator's |
| 14258 | permanent nonseasonal workforce. The division department shall |
| 14259 | establish by rule the date by which the fee is to be paid, as |
| 14260 | well as a formula or method of determining the applicable fee |
| 14261 | under this subsection without regard to the number of facilities |
| 14262 | under common ownership or control. The division department may |
| 14263 | require owners or operators of multiple facilities to |
| 14264 | demonstrate common ownership or control for purposes of this |
| 14265 | subsection. |
| 14266 | (3) Any owner or operator of a facility that is required |
| 14267 | to submit a report or filing under s. 313 of EPCRA shall pay an |
| 14268 | annual reporting fee not to exceed $150 for those s. 313 EPCRA |
| 14269 | listed substances in effect on January 1, 2005. The division |
| 14270 | department shall establish by rule the date by which the fee is |
| 14271 | to be paid, as well as a formula or method of determining the |
| 14272 | applicable fee under this subsection. |
| 14273 | (4)(a) The division department may assess a late fee for |
| 14274 | the failure to submit a report or filing that substantially |
| 14275 | complies with the requirements of EPCRA or s. 252.87 by the |
| 14276 | specified date or for failure to pay any fee, including any late |
| 14277 | fee, required by this section. This late fee shall be in |
| 14278 | addition to the fee otherwise imposed pursuant to this section. |
| 14279 | If the division department elects to impose a late fee, it shall |
| 14280 | provide the owner or operator with a written notice that |
| 14281 | identifies the specific requirements which have not been met and |
| 14282 | advises of its intent to assess a late fee. |
| 14283 | (b) The division department may impose a late fee, subject |
| 14284 | to the limitations set forth below: |
| 14285 | 1. If the report, filing, or fee is submitted within 30 |
| 14286 | days after the receipt of the division's department's notice, no |
| 14287 | late fee may be assessed. |
| 14288 | 2. If the report, filing, or fee is not submitted within |
| 14289 | 30 days after the receipt of the division's department's notice, |
| 14290 | the division department may impose a late fee in an amount equal |
| 14291 | to the amount of the annual registration fee, filing fee, or s. |
| 14292 | 313 fee due, not to exceed $2,000. |
| 14293 | 3. If the report, filing, or fee is not submitted within |
| 14294 | 90 days after the receipt of the division's department's notice, |
| 14295 | the division department may issue a second notice. If the |
| 14296 | report, filing, or fee is not submitted within 30 days after |
| 14297 | receipt of the division's department's second notice, the |
| 14298 | division department may assess a second late fee in an amount |
| 14299 | equal to twice the amount of the annual registration fee, filing |
| 14300 | fee, or s. 313 fee due, not to exceed $4,000. |
| 14301 | 4. The division department may consider, but is not |
| 14302 | limited to considering, the following factors in assessing late |
| 14303 | fees: good faith attempt to comply; history of noncompliance; |
| 14304 | ability to pay or continue in business; threat to health and |
| 14305 | safety posed by noncompliance; and degree of culpability. |
| 14306 | (5) The division department shall establish by rule the |
| 14307 | dates by which the fee is to be paid, as well as a formula or |
| 14308 | method of determining the facility registration fee and late |
| 14309 | fee. |
| 14310 | Section 269. Subsections (1) and (3) of section 252.86, |
| 14311 | Florida Statutes, are amended to read: |
| 14312 | 252.86 Penalties and remedies.- |
| 14313 | (1) The owner or operator of a facility, an employer, or |
| 14314 | any other person submitting written information pursuant to |
| 14315 | EPCRA or this part to the commission, a committee, or a fire |
| 14316 | department shall be liable for a civil penalty of $5,000 for |
| 14317 | each item of information in the submission that is false, if |
| 14318 | such person knew or should have known the information was false |
| 14319 | or if such person submitted the information with reckless |
| 14320 | disregard of its truth or falsity. The division department may |
| 14321 | institute a civil action in a court of competent jurisdiction to |
| 14322 | impose and recover a civil penalty for the amount indicated in |
| 14323 | this subsection. However, the court may receive evidence in |
| 14324 | mitigation. |
| 14325 | (3) Any provision of s. 325 or s. 326 of EPCRA which |
| 14326 | creates a federal cause of action shall create a corresponding |
| 14327 | cause of action under state law, with jurisdiction in the |
| 14328 | circuit courts. Any provision of s. 325 or s. 326 of EPCRA which |
| 14329 | imposes or authorizes the imposition of a civil penalty by the |
| 14330 | Administrator of the Environmental Protection Agency, or which |
| 14331 | creates a liability to the United States, shall impose or |
| 14332 | authorize the imposition of such a penalty by the division |
| 14333 | department or create such a liability to and for the benefit of |
| 14334 | the state, to be paid into the Operating Trust Fund. Venue shall |
| 14335 | be proper in the county where the violation occurred or where |
| 14336 | the defendant has its principal place of business. |
| 14337 | Section 270. Subsections (4) and (7) of section 252.87, |
| 14338 | Florida Statutes, are amended to read: |
| 14339 | 252.87 Supplemental state reporting requirements.- |
| 14340 | (4) Each employer that owns or operates a facility in this |
| 14341 | state at which hazardous materials are present in quantities at |
| 14342 | or above the thresholds established under ss. 311(b) and 312(b) |
| 14343 | of EPCRA shall comply with the reporting requirements of ss. 311 |
| 14344 | and 312 of EPCRA. Such employer shall also be responsible for |
| 14345 | notifying the division department, the local emergency planning |
| 14346 | committee, and the local fire department in writing within 30 |
| 14347 | days if there is a discontinuance or abandonment of the |
| 14348 | employer's business activities that could affect any stored |
| 14349 | hazardous materials. |
| 14350 | (7) The division department shall avoid duplicative |
| 14351 | reporting requirements by utilizing the reporting requirements |
| 14352 | of other state agencies that regulate hazardous materials to the |
| 14353 | extent feasible and shall request the information authorized |
| 14354 | under EPCRA. With the advice and consent of the State Emergency |
| 14355 | Response Commission for Hazardous Materials, the division |
| 14356 | department may require by rule that the maximum daily amount |
| 14357 | entry on the chemical inventory report required under s. 312 of |
| 14358 | EPCRA provide for reporting in estimated actual amounts. The |
| 14359 | division department may also require by rule an entry for the |
| 14360 | Federal Employer Identification Number on this report. To the |
| 14361 | extent feasible, the division department shall encourage and |
| 14362 | accept required information in a form initiated through |
| 14363 | electronic data interchange and shall describe by rule the |
| 14364 | format, manner of execution, and method of electronic |
| 14365 | transmission necessary for using such form. To the extent |
| 14366 | feasible, the Department of Financial Services, the Department |
| 14367 | of Agriculture and Consumer Services, the Department of |
| 14368 | Environmental Protection, the Public Service Commission, the |
| 14369 | Department of Revenue, the Department of Labor and Employment |
| 14370 | Security, and other state agencies which regulate hazardous |
| 14371 | materials shall coordinate with the division department in order |
| 14372 | to avoid duplicative requirements contained in each agency's |
| 14373 | respective reporting or registration forms. The other state |
| 14374 | agencies that inspect facilities storing hazardous materials and |
| 14375 | suppliers and distributors of covered substances shall assist |
| 14376 | the division department in informing the facility owner or |
| 14377 | operator of the requirements of this part. The division |
| 14378 | department shall provide the other state agencies with the |
| 14379 | necessary information and materials to inform the owners and |
| 14380 | operators of the requirements of this part to ensure that the |
| 14381 | budgets of these agencies are not adversely affected. |
| 14382 | Section 271. Subsection (4) of section 252.88, Florida |
| 14383 | Statutes, is amended to read: |
| 14384 | 252.88 Public records.- |
| 14385 | (4) The division department, the commission, and the |
| 14386 | committees shall furnish copies of public records submitted |
| 14387 | under EPCRA or this part, and may charge a fee of $1 per page |
| 14388 | per person per year for over 25 pages of materials copied. |
| 14389 | Section 272. Subsections (3), (8), (9), and (19) of |
| 14390 | section 252.936, Florida Statutes, are amended to read: |
| 14391 | 252.936 Definitions.-As used in this part, the term: |
| 14392 | (3) "Audit" means a review of information at, a stationary |
| 14393 | source subject to s. 112(r)(7), or submitted by, a stationary |
| 14394 | source subject to s. 112(r)(7), to determine whether that |
| 14395 | stationary source is in compliance with the requirements of this |
| 14396 | part and rules adopted to administer implement this part. Audits |
| 14397 | must include a review of the adequacy of the stationary source's |
| 14398 | Risk Management Plan, may consist of reviews of information |
| 14399 | submitted to the division department or the United States |
| 14400 | Environmental Protection Agency to determine whether the plan is |
| 14401 | complete or whether revisions to the plan are needed, and the |
| 14402 | reviews may be conducted at the stationary source to confirm |
| 14403 | that information onsite is consistent with reported information. |
| 14404 | (8) "Division" means the Division of Emergency Management |
| 14405 | in the Executive Office of the Governor. "Department" means the |
| 14406 | Department of Community Affairs. |
| 14407 | (9) "Inspection" means a review of information at a |
| 14408 | stationary source subject to s. 112(r)(7), including |
| 14409 | documentation and operating practices and access to the source |
| 14410 | and to any area where an accidental release could occur, to |
| 14411 | determine whether the stationary source is in compliance with |
| 14412 | the requirements of this part or rules adopted to administer |
| 14413 | implement this part. |
| 14414 | (19) "Trust fund" means the Operating Trust Fund of the |
| 14415 | established in the department's Division of Emergency |
| 14416 | Management. |
| 14417 | Section 273. Section 252.937, Florida Statutes, is amended |
| 14418 | to read: |
| 14419 | 252.937 Division Department powers and duties.- |
| 14420 | (1) The division department has the power and duty to: |
| 14421 | (a)1. Seek delegation from the United States Environmental |
| 14422 | Protection Agency to implement the Accidental Release Prevention |
| 14423 | Program under s. 112(r)(7) of the Clean Air Act and the federal |
| 14424 | implementing regulations for specified sources subject to s. |
| 14425 | 112(r)(7) of the Clean Air Act. Implementation for all other |
| 14426 | sources subject to s. 112(r)(7) of the Clean Air Act shall will |
| 14427 | be performed by the United States Environmental Protection |
| 14428 | Agency; and |
| 14429 | 2. Ensure the timely submission of Risk Management Plans |
| 14430 | and any subsequent revisions of Risk Management Plans. |
| 14431 | (b) Adopt, modify, and repeal rules, with the advice and |
| 14432 | consent of the commission, necessary to obtain delegation from |
| 14433 | the United States Environmental Protection Agency and to |
| 14434 | administer the s. 112(r)(7) Accidental Release Prevention |
| 14435 | Program in this state for the specified stationary sources with |
| 14436 | no expansion or addition of the regulatory program. |
| 14437 | (c) Make and execute contracts and other agreements |
| 14438 | necessary or convenient to the implementation of this part. |
| 14439 | (d) Coordinate its activities under this part with its |
| 14440 | other emergency management responsibilities, including its |
| 14441 | responsibilities and activities under parts I, II, and III of |
| 14442 | this chapter and with the related activities of other state and |
| 14443 | local agencies, keeping separate accounts for all activities |
| 14444 | conducted under this part which are supported or partially |
| 14445 | supported from the trust fund. |
| 14446 | (e) Establish, with the advice and consent of the |
| 14447 | commission, a technical assistance and outreach program on or |
| 14448 | before January 31, 1999, to assist owners and operators of |
| 14449 | specified stationary sources subject to s. 112(r)(7) in |
| 14450 | complying with the reporting and fee requirements of this part. |
| 14451 | This program is designed to facilitate and ensure timely |
| 14452 | submission of proper certifications or compliance schedules and |
| 14453 | timely submission and registration of Risk Management Plans and |
| 14454 | revised registrations and Risk Management Plans if when required |
| 14455 | for these sources. |
| 14456 | (f) Make a quarterly report to the State Emergency |
| 14457 | Response Commission on income and expenses for the state's |
| 14458 | Accidental Release Prevention Program under this part. |
| 14459 | (2) To ensure that this program is self-supporting, the |
| 14460 | division department shall provide administrative support, |
| 14461 | including staff, facilities, materials, and services to |
| 14462 | implement this part for specified stationary sources subject to |
| 14463 | s. 252.939 and shall provide necessary funding to local |
| 14464 | emergency planning committees and county emergency management |
| 14465 | agencies for work performed to implement this part. Each state |
| 14466 | agency with regulatory, inspection, or technical assistance |
| 14467 | programs for specified stationary sources subject to this part |
| 14468 | shall enter into a memorandum of understanding with the division |
| 14469 | department which specifically outlines how each agency's staff, |
| 14470 | facilities, materials, and services will be used utilized to |
| 14471 | support implementation. At a minimum, these agencies and |
| 14472 | programs include: the Department of Environmental Protection |
| 14473 | Protection's Division of Air Resources Management and Division |
| 14474 | of Water Resource Management, and the Department of Labor and |
| 14475 | Employment Security's Division of Safety. It is the |
| 14476 | Legislature's intent to implement this part as efficiently and |
| 14477 | economically as possible, using existing expertise and |
| 14478 | resources, if available and appropriate. |
| 14479 | (3) To prevent the duplication of investigative efforts |
| 14480 | and resources, the division department, on behalf of the |
| 14481 | commission, shall coordinate with any federal agencies or agents |
| 14482 | thereof, including the federal Chemical Safety and Hazard |
| 14483 | Investigation Board, or its successor, which are performing |
| 14484 | accidental release investigations for specified stationary |
| 14485 | sources, and may coordinate with any agencies of the state which |
| 14486 | are performing accidental release investigations. This |
| 14487 | accidental release investigation coordination is not intended to |
| 14488 | limit or take the place of any individual agency accidental |
| 14489 | release investigation under separate authority. |
| 14490 | (4) To promote efficient administration of this program |
| 14491 | and specified stationary sources, the only the division agency |
| 14492 | which may seek delegation from the United States Environmental |
| 14493 | Protection Agency for this program is the Florida Department of |
| 14494 | Community Affairs. Further, the division may Florida Department |
| 14495 | of Community Affairs shall not delegate this program to any |
| 14496 | local environmental agency. |
| 14497 | Section 274. Section 252.943, Florida Statutes, is amended |
| 14498 | to read: |
| 14499 | 252.943 Public records.- |
| 14500 | (1) The division Department of Community Affairs shall |
| 14501 | protect records, reports, or information or particular parts |
| 14502 | thereof, other than release or emissions data, contained in a |
| 14503 | risk management plan from public disclosure pursuant to ss. |
| 14504 | 112(r) and 114(c) of the federal Clean Air Act and authorities |
| 14505 | cited therein, based upon a showing satisfactory to the |
| 14506 | Administrator of the United States Environmental Protection |
| 14507 | Agency, by any owner or operator of a stationary source subject |
| 14508 | to the Accidental Release Prevention Program, that public |
| 14509 | release of such records, reports, or information would divulge |
| 14510 | methods or processes entitled to protection as trade secrets as |
| 14511 | provided for in 40 C.F.R. part 2, subpart B. Such records, |
| 14512 | reports, or information held by the division department are |
| 14513 | confidential and exempt from the provisions of s. 119.07(1) and |
| 14514 | s. 24(a), Art. I of the State Constitution, unless a final |
| 14515 | determination has been made by the Administrator of the |
| 14516 | Environmental Protection Agency that such records, reports, or |
| 14517 | information are not entitled to trade secret protection, or |
| 14518 | pursuant to an order of court. |
| 14519 | (2) The division department shall protect records, |
| 14520 | reports, or information or particular parts thereof, other than |
| 14521 | release or emissions data, obtained from an investigation, |
| 14522 | inspection, or audit from public disclosure pursuant to ss. |
| 14523 | 112(r) and 114(c) of the federal Clean Air Act and authorities |
| 14524 | cited therein, based upon a showing satisfactory to the |
| 14525 | Administrator of the United States Environmental Protection |
| 14526 | Agency, by any owner or operator of a stationary source subject |
| 14527 | to the Accidental Release Prevention Program, that public |
| 14528 | release of such records, reports, or information would divulge |
| 14529 | methods or processes entitled to protection as trade secrets as |
| 14530 | provided for in 40 C.F.R. part 2, subpart B. Such records, |
| 14531 | reports, or information held by the division department are |
| 14532 | confidential and exempt from the provisions of s. 119.07(1) and |
| 14533 | s. 24(a), Art. I of the State Constitution, unless a final |
| 14534 | determination has been made by the Administrator of the |
| 14535 | Environmental Protection Agency that such records, reports, or |
| 14536 | information are not entitled to trade secret protection, or |
| 14537 | pursuant to a court an order of court. |
| 14538 | Section 275. Section 252.946, Florida Statutes, is amended |
| 14539 | to read: |
| 14540 | 252.946 Public records.-With regard to information |
| 14541 | submitted to the United States Environmental Protection Agency |
| 14542 | under this part or s. 112(r)(7), the division department of |
| 14543 | Community Affairs, the State Hazardous Materials Emergency |
| 14544 | Response Commission, and any local emergency planning committee |
| 14545 | may assist persons in electronically accessing such information |
| 14546 | held by the United States Environmental Protection Agency in its |
| 14547 | centralized database. If requested, the division department, the |
| 14548 | commission, or a committee may furnish copies of such United |
| 14549 | States Environmental Protection Agency records. |
| 14550 | Section 276. Subsections (3) and (4) of section 255.042, |
| 14551 | Florida Statutes, are amended to read: |
| 14552 | 255.042 Shelter in public buildings.- |
| 14553 | (3) The Division of Emergency Management Department of |
| 14554 | Community Affairs shall, in those cases in which the architect- |
| 14555 | engineer firm does not possess the specialized training required |
| 14556 | for the inclusion of fallout protection in building design and |
| 14557 | upon request from the architect-engineer concerned or the |
| 14558 | responsible state or local agency, provide, at no cost to the |
| 14559 | architect-engineer or agency, professional development service |
| 14560 | to increase fallout protection through shelter slanting and |
| 14561 | cost-reduction techniques. |
| 14562 | (4) Nothing in this section establishes act shall be |
| 14563 | construed as establishing a mandatory requirement for the |
| 14564 | incorporation of fallout shelter in the construction of, |
| 14565 | modification of, or addition to the public buildings concerned. |
| 14566 | It is mandatory, however, that the incorporation of such |
| 14567 | protection be given every consideration through acceptable |
| 14568 | shelter slanting and cost-reduction techniques. The responsible |
| 14569 | state or local official shall determine whether cost, or other |
| 14570 | related factors, precludes or makes impracticable the |
| 14571 | incorporation of fallout shelter in public buildings. Further, |
| 14572 | the Division of Emergency Management Department of Community |
| 14573 | Affairs may waive the requirement for consideration of shelter |
| 14574 | in those cases where presently available shelter spaces equal or |
| 14575 | exceed the requirements of the area concerned. |
| 14576 | Section 277. Subsection (4) of section 258.004, Florida |
| 14577 | Statutes, is amended to read: |
| 14578 | 258.004 Duties of division.- |
| 14579 | (4) The Division of Recreation and Parks shall provide |
| 14580 | consultation assistance to the Department of Community Affairs |
| 14581 | and to local governing units as to the protection, organization, |
| 14582 | and administration of local recreation systems and the planning |
| 14583 | and design of local recreation areas and facilities. |
| 14584 | Section 278. Paragraph (b) of subsection (3), paragraph |
| 14585 | (b) of subsection (4), subsection (6), paragraph (a) of |
| 14586 | subsection (7), and paragraph (c) of subsection (9) of section |
| 14587 | 258.501, Florida Statutes, are amended to read: |
| 14588 | 258.501 Myakka River; wild and scenic segment.- |
| 14589 | (3) DEFINITIONS.-As used in this section, the term: |
| 14590 | (b) "Agreement" means the interagency operating agreement |
| 14591 | between the department, the Department of Economic Opportunity |
| 14592 | Community Affairs, and Sarasota County or the City of North |
| 14593 | Port. |
| 14594 | (4) DESIGNATION OF WILD AND SCENIC RIVER.- |
| 14595 | (b) The governments of Sarasota County and the City of |
| 14596 | North Port shall manage the Myakka River wild and scenic |
| 14597 | protection zone under their existing authorities for |
| 14598 | comprehensive planning, the regulation of land development |
| 14599 | activities, and other necessary or appropriate ordinances and in |
| 14600 | conformance with this section, the management plan required |
| 14601 | under subsection (5), and the agreements adopted by the |
| 14602 | department and the Department of Economic Opportunity Community |
| 14603 | Affairs with the city and county pursuant to this section. |
| 14604 | (6) AMENDMENT OF REGULATIONS AND COMPREHENSIVE PLANS.- |
| 14605 | (a) Sarasota County and the City of North Port shall amend |
| 14606 | their comprehensive plans so that the parts of such plans that |
| 14607 | affect the wild and scenic protection zone conform to, or are |
| 14608 | more stringent than, this section, the river management plan, |
| 14609 | and management guidelines and performance standards to be |
| 14610 | developed and contained within agreements to be adopted by the |
| 14611 | department, the Department of Economic Opportunity Community |
| 14612 | Affairs, and the city and county. The guidelines and performance |
| 14613 | standards must be used by the department and the Department of |
| 14614 | Economic Opportunity Community Affairs to review and monitor the |
| 14615 | regulation of activities by the city and county in the wild and |
| 14616 | scenic protection zone. Amendments to those comprehensive plans |
| 14617 | must include specific policies and guidelines for minimizing |
| 14618 | adverse impacts on resources in the river area and for managing |
| 14619 | the wild and scenic protection zone in conformance with this |
| 14620 | section, the river management plan, and the agreement. Such |
| 14621 | comprehensive plans must be amended within 1 year after the |
| 14622 | adoption date of the agreement, and thereafter, within 6 months |
| 14623 | following an amendment to this section, the river management |
| 14624 | plan, or the agreement, as may be necessary. For the purposes |
| 14625 | established in this subsection, such amendments need not conform |
| 14626 | to statutory or local ordinance limitations on the frequency of |
| 14627 | consideration of amendments to local comprehensive plans. |
| 14628 | (b) Sarasota County and the City of North Port shall adopt |
| 14629 | or amend, within 1 year after the department and the Department |
| 14630 | of Economic Opportunity Community Affairs adopt with the city |
| 14631 | and with the county agreements for regulating activities in the |
| 14632 | wild and scenic protection zone, any necessary ordinances and |
| 14633 | land development regulations so that those ordinances and |
| 14634 | regulations conform to the purposes of this section, the river |
| 14635 | management plan, and the agreement. Thereafter, following any |
| 14636 | amendment to this section, the river management plan, or the |
| 14637 | agreement, the city and county must amend or adopt, within 1 |
| 14638 | year, appropriate ordinances and land development regulations to |
| 14639 | maintain such local ordinances and regulations in conformance |
| 14640 | with this section, the river management plan, and the agreement. |
| 14641 | Those ordinances and regulations must provide that activities |
| 14642 | must be prohibited, or must undergo review and either be denied |
| 14643 | or permitted with or without conditions, so as to minimize |
| 14644 | potential adverse physical and visual impacts on resource values |
| 14645 | in the river area and to minimize adverse impacts on private |
| 14646 | landowners' use of land for residential purposes. The resource |
| 14647 | values of concern are those identified in this section and by |
| 14648 | the coordinating council in the river management plan. |
| 14649 | Activities which may be prohibited, subject to the agreement, |
| 14650 | include, but are not limited to, landfills, clear cuttings, |
| 14651 | major new infrastructure facilities, major activities that would |
| 14652 | alter historic water or flood flows, multifamily residential |
| 14653 | construction, commercial and industrial development, and mining |
| 14654 | and major excavations. However, appurtenant structures for these |
| 14655 | activities may be permitted if such structures do not have |
| 14656 | adverse visual or measurable adverse environmental impacts to |
| 14657 | resource values in the river area. |
| 14658 | (c) If the Department of Economic Opportunity Community |
| 14659 | Affairs determines that the local comprehensive plan or land |
| 14660 | development regulations, as amended or supplemented by the local |
| 14661 | government, are not in conformance with the purposes of this |
| 14662 | section, the river management plan, and the agreement, the |
| 14663 | Department of Economic Opportunity Community Affairs shall issue |
| 14664 | a notice of intent to find the plan not in compliance and such |
| 14665 | plan shall be subject to the administrative proceedings in |
| 14666 | accordance with s. 163.3184. |
| 14667 | (7) MANAGEMENT COORDINATING COUNCIL.- |
| 14668 | (a) Upon designation, the department shall create a |
| 14669 | permanent council to provide interagency and intergovernmental |
| 14670 | coordination in the management of the river. The coordinating |
| 14671 | council shall be composed of one representative appointed from |
| 14672 | each of the following: the department, the Department of |
| 14673 | Transportation, the Fish and Wildlife Conservation Commission, |
| 14674 | the Department of Economic Opportunity Community Affairs, the |
| 14675 | Division of Forestry of the Department of Agriculture and |
| 14676 | Consumer Services, the Division of Historical Resources of the |
| 14677 | Department of State, the Tampa Bay Regional Planning Council, |
| 14678 | the Southwest Florida Water Management District, the Southwest |
| 14679 | Florida Regional Planning Council, Manatee County, Sarasota |
| 14680 | County, Charlotte County, the City of Sarasota, the City of |
| 14681 | North Port, agricultural interests, environmental organizations, |
| 14682 | and any others deemed advisable by the department. |
| 14683 | (9) RULEMAKING AUTHORITY.- |
| 14684 | (c) The department and the Department of Economic |
| 14685 | Opportunity Community Affairs must enter into agreements with |
| 14686 | the City of North Port and Sarasota County that provide for |
| 14687 | guiding and monitoring the regulation of activities by the city |
| 14688 | and county, in accordance with subsection (6). Such agreements |
| 14689 | shall include guidelines and performance standards for |
| 14690 | regulating proposed activities so as to minimize adverse |
| 14691 | environmental and visual impacts of such activities on the |
| 14692 | resource values in the river area, and to minimize adverse |
| 14693 | impacts to landowners' use of land for residential purposes. |
| 14694 | Section 279. Paragraph (b) of subsection (1) of section |
| 14695 | 259.035, Florida Statutes, is amended to read: |
| 14696 | 259.035 Acquisition and Restoration Council.- |
| 14697 | (1) There is created the Acquisition and Restoration |
| 14698 | Council. |
| 14699 | (b) The five remaining appointees shall be composed of the |
| 14700 | Secretary of Environmental Protection, the director of the |
| 14701 | Division of Forestry of the Department of Agriculture and |
| 14702 | Consumer Services, the executive director of the Fish and |
| 14703 | Wildlife Conservation Commission, the director of the Division |
| 14704 | of Historical Resources of the Department of State, and the |
| 14705 | Commissioner of Economic Opportunity the secretary of the |
| 14706 | Department of Community Affairs, or their respective designees. |
| 14707 | Section 280. Subsection (3) of section 259.042, Florida |
| 14708 | Statutes, is amended to read: |
| 14709 | 259.042 Tax increment financing for conservation lands.- |
| 14710 | (3) The governing body of the jurisdiction that will |
| 14711 | administer the separate reserve account shall provide |
| 14712 | documentation to the Department of Economic Opportunity |
| 14713 | Community Affairs identifying the boundary of the tax increment |
| 14714 | area. The department shall determine whether the boundary is |
| 14715 | appropriate in that property owners within the boundary will |
| 14716 | receive a benefit from the proposed purchase of identified |
| 14717 | conservation lands. The department must issue a letter of |
| 14718 | approval stating that the establishment of the tax increment |
| 14719 | area and the proposed purchases would benefit property owners |
| 14720 | within the boundary and serve a public purpose before any tax |
| 14721 | increment funds are deposited into the separate reserve account. |
| 14722 | If the department fails to provide the required letter within 90 |
| 14723 | days after receiving sufficient documentation of the boundary, |
| 14724 | the establishment of the area and the proposed purchases are |
| 14725 | deemed to provide such benefit and serve a public purpose. |
| 14726 | Section 281. Paragraphs (c) and (j) of subsection (3) of |
| 14727 | section 259.105, Florida Statutes, are amended to read: |
| 14728 | 259.105 The Florida Forever Act.- |
| 14729 | (3) Less the costs of issuing and the costs of funding |
| 14730 | reserve accounts and other costs associated with bonds, the |
| 14731 | proceeds of cash payments or bonds issued pursuant to this |
| 14732 | section shall be deposited into the Florida Forever Trust Fund |
| 14733 | created by s. 259.1051. The proceeds shall be distributed by the |
| 14734 | Department of Environmental Protection in the following manner: |
| 14735 | (c) Twenty-one percent to the Department of Environmental |
| 14736 | Protection Community Affairs for use by the Florida Communities |
| 14737 | Trust for the purposes of part III of chapter 380, as described |
| 14738 | and limited by this subsection, and grants to local governments |
| 14739 | or nonprofit environmental organizations that are tax-exempt |
| 14740 | under s. 501(c)(3) of the United States Internal Revenue Code |
| 14741 | for the acquisition of community-based projects, urban open |
| 14742 | spaces, parks, and greenways to implement local government |
| 14743 | comprehensive plans. From funds available to the trust and used |
| 14744 | for land acquisition, 75 percent shall be matched by local |
| 14745 | governments on a dollar-for-dollar basis. The Legislature |
| 14746 | intends that the Florida Communities Trust emphasize funding |
| 14747 | projects in low-income or otherwise disadvantaged communities |
| 14748 | and projects that provide areas for direct water access and |
| 14749 | water-dependent facilities that are open to the public and offer |
| 14750 | public access by vessels to waters of the state, including boat |
| 14751 | ramps and associated parking and other support facilities. At |
| 14752 | least 30 percent of the total allocation provided to the trust |
| 14753 | shall be used in Standard Metropolitan Statistical Areas, but |
| 14754 | one-half of that amount shall be used in localities in which the |
| 14755 | project site is located in built-up commercial, industrial, or |
| 14756 | mixed-use areas and functions to intersperse open spaces within |
| 14757 | congested urban core areas. From funds allocated to the trust, |
| 14758 | no less than 5 percent shall be used to acquire lands for |
| 14759 | recreational trail systems, provided that in the event these |
| 14760 | funds are not needed for such projects, they will be available |
| 14761 | for other trust projects. Local governments may use federal |
| 14762 | grants or loans, private donations, or environmental mitigation |
| 14763 | funds, including environmental mitigation funds required |
| 14764 | pursuant to s. 338.250, for any part or all of any local match |
| 14765 | required for acquisitions funded through the Florida Communities |
| 14766 | Trust. Any lands purchased by nonprofit organizations using |
| 14767 | funds allocated under this paragraph must provide for such lands |
| 14768 | to remain permanently in public use through a reversion of title |
| 14769 | to local or state government, conservation easement, or other |
| 14770 | appropriate mechanism. Projects funded with funds allocated to |
| 14771 | the Trust shall be selected in a competitive process measured |
| 14772 | against criteria adopted in rule by the Trust. |
| 14773 | (j) Two and five-tenths percent to the Department of |
| 14774 | Environmental Protection Community Affairs for the acquisition |
| 14775 | of land and capital project expenditures necessary to implement |
| 14776 | the Stan Mayfield Working Waterfronts Program within the Florida |
| 14777 | communities trust pursuant to s. 380.5105. |
| 14778 | Section 282. Paragraph (d) of subsection (1) of section |
| 14779 | 260.0142, Florida Statutes, is amended to read: |
| 14780 | 260.0142 Florida Greenways and Trails Council; |
| 14781 | composition; powers and duties.- |
| 14782 | (1) There is created within the department the Florida |
| 14783 | Greenways and Trails Council which shall advise the department |
| 14784 | in the execution of the department's powers and duties under |
| 14785 | this chapter. The council shall be composed of 21 members, |
| 14786 | consisting of: |
| 14787 | (d) The 10 remaining members shall include: |
| 14788 | 1. The Secretary of Environmental Protection or a |
| 14789 | designee. |
| 14790 | 2. The executive director of the Fish and Wildlife |
| 14791 | Conservation Commission or a designee. |
| 14792 | 3. The Commissioner of Economic Opportunity The Secretary |
| 14793 | of Community Affairs or a designee. |
| 14794 | 4. The Secretary of Transportation or a designee. |
| 14795 | 5. The Director of the Division of Forestry of the |
| 14796 | Department of Agriculture and Consumer Services or a designee. |
| 14797 | 6. The director of the Division of Historical Resources of |
| 14798 | the Department of State or a designee. |
| 14799 | 7. A representative of the water management districts. |
| 14800 | Membership on the council shall rotate among the five districts. |
| 14801 | The districts shall determine the order of rotation. |
| 14802 | 8. A representative of a federal land management agency. |
| 14803 | The Secretary of Environmental Protection shall identify the |
| 14804 | appropriate federal agency and request designation of a |
| 14805 | representative from the agency to serve on the council. |
| 14806 | 9. A representative of the regional planning councils to |
| 14807 | be appointed by the Secretary of Environmental Protection in |
| 14808 | consultation with the Secretary of Community Affairs. Membership |
| 14809 | on the council shall rotate among each of the seven regional |
| 14810 | planning councils. The regional planning councils shall |
| 14811 | determine the order of rotation. |
| 14812 | 10. A representative of local governments to be appointed |
| 14813 | by the Secretary of Environmental Protection in consultation |
| 14814 | with the Secretary of Community Affairs. Membership shall |
| 14815 | alternate between a county representative and a municipal |
| 14816 | representative. |
| 14817 | Section 283. Paragraph (a) of subsection (4) of section |
| 14818 | 282.34, Florida Statutes, is amended to read: |
| 14819 | 282.34 Statewide e-mail service.-A state e-mail system |
| 14820 | that includes the delivery and support of e-mail, messaging, and |
| 14821 | calendaring capabilities is established as an enterprise |
| 14822 | information technology service as defined in s. 282.0041. The |
| 14823 | service shall be designed to meet the needs of all executive |
| 14824 | branch agencies. The primary goals of the service are to |
| 14825 | minimize the state investment required to establish, operate, |
| 14826 | and support the statewide service; reduce the cost of current e- |
| 14827 | mail operations and the number of duplicative e-mail systems; |
| 14828 | and eliminate the need for each state agency to maintain its own |
| 14829 | e-mail staff. |
| 14830 | (4) All agencies must be completely migrated to the |
| 14831 | statewide e-mail service as soon as financially and |
| 14832 | operationally feasible, but no later than June 30, 2015. |
| 14833 | (a) The following statewide e-mail service implementation |
| 14834 | schedule is established for state agencies: |
| 14835 | 1. Phase 1.-The following agencies must be completely |
| 14836 | migrated to the statewide e-mail system by June 30, 2012: the |
| 14837 | Agency for Enterprise Information Technology; the Department of |
| 14838 | Economic Opportunity; Community Affairs, including the Division |
| 14839 | of Emergency Management; the Department of Corrections; the |
| 14840 | Department of Health; the Department of Highway Safety and Motor |
| 14841 | Vehicles; the Department of Management Services, including the |
| 14842 | Division of Administrative Hearings, the Division of Retirement, |
| 14843 | the Commission on Human Relations, and the Public Employees |
| 14844 | Relations Commission; the Southwood Shared Resource Center; and |
| 14845 | the Department of Revenue. |
| 14846 | 2. Phase 2.-The following agencies must be completely |
| 14847 | migrated to the statewide e-mail system by June 30, 2013: the |
| 14848 | Department of Business and Professional Regulation; the |
| 14849 | Department of Education, including the Board of Governors; the |
| 14850 | Department of Environmental Protection; the Department of |
| 14851 | Juvenile Justice; the Department of the Lottery; the Department |
| 14852 | of State; the Department of Law Enforcement; the Department of |
| 14853 | Veterans' Affairs; the Judicial Administration Commission; the |
| 14854 | Public Service Commission; and the Statewide Guardian Ad Litem |
| 14855 | Office. |
| 14856 | 3. Phase 3.-The following agencies must be completely |
| 14857 | migrated to the statewide e-mail system by June 30, 2014: the |
| 14858 | Agency for Health Care Administration; the Agency for Workforce |
| 14859 | Innovation; the Department of Financial Services, including the |
| 14860 | Office of Financial Regulation and the Office of Insurance |
| 14861 | Regulation; the Department of Agriculture and Consumer Services; |
| 14862 | the Executive Office of the Governor; the Department of |
| 14863 | Transportation; the Fish and Wildlife Conservation Commission; |
| 14864 | the Agency for Persons With Disabilities; the Northwood Shared |
| 14865 | Resource Center; and the State Board of Administration. |
| 14866 | 4. Phase 4.-The following agencies must be completely |
| 14867 | migrated to the statewide e-mail system by June 30, 2015: the |
| 14868 | Department of Children and Family Services; the Department of |
| 14869 | Citrus; the Department of Elderly Affairs; and the Department of |
| 14870 | Legal Affairs. |
| 14871 | Section 284. Paragraphs (a) and (d) of subsection (1) and |
| 14872 | subsection (4) of section 282.709, Florida Statutes, are amended |
| 14873 | to read: |
| 14874 | 282.709 State agency law enforcement radio system and |
| 14875 | interoperability network.- |
| 14876 | (1) The department may acquire and administer a statewide |
| 14877 | radio communications system to serve law enforcement units of |
| 14878 | state agencies, and to serve local law enforcement agencies |
| 14879 | through mutual aid channels. |
| 14880 | (a) The department shall, in conjunction with the |
| 14881 | Department of Law Enforcement and the Division of Emergency |
| 14882 | Management of the Department of Community Affairs, establish |
| 14883 | policies, procedures, and standards to be incorporated into a |
| 14884 | comprehensive management plan for the use and operation of the |
| 14885 | statewide radio communications system. |
| 14886 | (d) The department shall exercise its powers and duties |
| 14887 | under this part to plan, manage, and administer the mutual aid |
| 14888 | channels in the statewide radio communication system. |
| 14889 | 1. In implementing such powers and duties, the department |
| 14890 | shall consult and act in conjunction with the Department of Law |
| 14891 | Enforcement and the Division of Emergency Management of the |
| 14892 | Department of Community Affairs, and shall manage and administer |
| 14893 | the mutual aid channels in a manner that reasonably addresses |
| 14894 | the needs and concerns of the involved law enforcement agencies |
| 14895 | and emergency response agencies and entities. |
| 14896 | 2. The department may make the mutual aid channels |
| 14897 | available to federal agencies, state agencies, and agencies of |
| 14898 | the political subdivisions of the state for the purpose of |
| 14899 | public safety and domestic security. |
| 14900 | (4) The department may create and administer an |
| 14901 | interoperability network to enable interoperability between |
| 14902 | various radio communications technologies and to serve federal |
| 14903 | agencies, state agencies, and agencies of political subdivisions |
| 14904 | of the state for the purpose of public safety and domestic |
| 14905 | security. |
| 14906 | (a) The department shall, in conjunction with the |
| 14907 | Department of Law Enforcement and the Division of Emergency |
| 14908 | Management of the Department of Community Affairs, exercise its |
| 14909 | powers and duties pursuant to this chapter to plan, manage, and |
| 14910 | administer the interoperability network. The office may: |
| 14911 | 1. Enter into mutual aid agreements among federal |
| 14912 | agencies, state agencies, and political subdivisions of the |
| 14913 | state for the use of the interoperability network. |
| 14914 | 2. Establish the cost of maintenance and operation of the |
| 14915 | interoperability network and charge subscribing federal and |
| 14916 | local law enforcement agencies for access and use of the |
| 14917 | network. The department may not charge state law enforcement |
| 14918 | agencies identified in paragraph (2)(a) to use the network. |
| 14919 | 3. In consultation with the Department of Law Enforcement |
| 14920 | and the Division of Emergency Management of the Department of |
| 14921 | Community Affairs, amend and enhance the statewide radio |
| 14922 | communications system as necessary to implement the |
| 14923 | interoperability network. |
| 14924 | (b) The department, in consultation with the Joint Task |
| 14925 | Force on State Agency Law Enforcement Communications, and in |
| 14926 | conjunction with the Department of Law Enforcement and the |
| 14927 | Division of Emergency Management of the Department of Community |
| 14928 | Affairs, shall establish policies, procedures, and standards to |
| 14929 | incorporate into a comprehensive management plan for the use and |
| 14930 | operation of the interoperability network. |
| 14931 | Section 285. Subsection (1) of section 288.021, Florida |
| 14932 | Statutes, is amended to read: |
| 14933 | 288.021 Economic development liaison.- |
| 14934 | (1) The heads of the Department of Transportation, the |
| 14935 | Department of Environmental Protection and an additional member |
| 14936 | appointed by the secretary of the department, the Department of |
| 14937 | Labor and Employment Security, the Department of Education, the |
| 14938 | Department of Economic Opportunity Community Affairs, the |
| 14939 | Department of Management Services, the Department of Revenue, |
| 14940 | the Fish and Wildlife Conservation Commission, each water |
| 14941 | management district, and each Department of Transportation |
| 14942 | District office shall designate a high-level staff member from |
| 14943 | within such agency to serve as the economic development liaison |
| 14944 | for the agency. This person shall report to the agency head and |
| 14945 | have general knowledge both of the state's permitting and other |
| 14946 | regulatory functions and of the state's economic goals, |
| 14947 | policies, and programs. This person shall also be the primary |
| 14948 | point of contact for the agency with the Office of Tourism, |
| 14949 | Trade, and Economic Development on issues and projects important |
| 14950 | to the economic development of Florida, including its rural |
| 14951 | areas, to expedite project review, to ensure a prompt, effective |
| 14952 | response to problems arising with regard to permitting and |
| 14953 | regulatory functions, and to work closely with the other |
| 14954 | economic development liaisons to resolve interagency conflicts. |
| 14955 | Section 286. Paragraph (a) of subsection (6) of section |
| 14956 | 288.0656, Florida Statutes, is amended to read: |
| 14957 | 288.0656 Rural Economic Development Initiative.- |
| 14958 | (6)(a) By August 1 of each year, the head of each of the |
| 14959 | following agencies and organizations shall designate a deputy |
| 14960 | secretary or higher-level staff person from within the agency or |
| 14961 | organization to serve as the REDI representative for the agency |
| 14962 | or organization: |
| 14963 | 1. The Department of Economic Opportunity Community |
| 14964 | Affairs. |
| 14965 | 2. The Department of Transportation. |
| 14966 | 3. The Department of Environmental Protection. |
| 14967 | 4. The Department of Agriculture and Consumer Services. |
| 14968 | 5. The Department of State. |
| 14969 | 6. The Department of Health. |
| 14970 | 7. The Department of Children and Family Services. |
| 14971 | 8. The Department of Corrections. |
| 14972 | 9. The Agency for Workforce Innovation. |
| 14973 | 10. The Department of Education. |
| 14974 | 11. The Department of Juvenile Justice. |
| 14975 | 12. The Fish and Wildlife Conservation Commission. |
| 14976 | 13. Each water management district. |
| 14977 | 14. Enterprise Florida, Inc. |
| 14978 | 15. Workforce Florida, Inc. |
| 14979 | 16. The Florida Commission on Tourism or VISIT Florida. |
| 14980 | 17. The Florida Regional Planning Council Association. |
| 14981 | 18. The Agency for Health Care Administration. |
| 14982 | 19. The Institute of Food and Agricultural Sciences |
| 14983 | (IFAS). |
| 14984 |
|
| 14985 | An alternate for each designee shall also be chosen, and the |
| 14986 | names of the designees and alternates shall be sent to the |
| 14987 | director of the Office of Tourism, Trade, and Economic |
| 14988 | Development. |
| 14989 | Section 287. Paragraph (b) of subsection (4) of section |
| 14990 | 288.109, Florida Statutes, is amended to read: |
| 14991 | 288.109 One-Stop Permitting System.- |
| 14992 | (4) The One-Stop Permitting System must initially provide |
| 14993 | access to the following state agencies, water management |
| 14994 | districts and counties, with other agencies and counties that |
| 14995 | agree to participate: |
| 14996 | (b) The Department of Economic Opportunity Community |
| 14997 | Affairs. |
| 14998 | Section 288. Subsections (3), (8), and (9) of section |
| 14999 | 288.975, Florida Statutes, are amended to read: |
| 15000 | 288.975 Military base reuse plans.- |
| 15001 | (3) No later than 6 months after the designation of a |
| 15002 | military base for closure by the Federal Government, each host |
| 15003 | local government shall notify the secretary of the Department of |
| 15004 | Economic Opportunity Community Affairs and the director of the |
| 15005 | Office of Tourism, Trade, and Economic Development in writing, |
| 15006 | by hand delivery or return receipt requested, as to whether it |
| 15007 | intends to use the optional provisions provided in this act. If |
| 15008 | a host local government does not opt to use the provisions of |
| 15009 | this act, land use planning and regulation pertaining to base |
| 15010 | reuse activities within those host local governments shall be |
| 15011 | subject to all applicable statutory requirements, including |
| 15012 | those contained within chapters 163 and 380. |
| 15013 | (8) At the request of a host local government, the Office |
| 15014 | of Tourism, Trade, and Economic Development shall coordinate a |
| 15015 | presubmission workshop concerning a military base reuse plan |
| 15016 | within the boundaries of the host jurisdiction. Agencies that |
| 15017 | shall participate in the workshop shall include any affected |
| 15018 | local governments; the Department of Environmental Protection; |
| 15019 | the Office of Tourism, Trade, and Economic Development; the |
| 15020 | Department of Economic Opportunity Community Affairs; the |
| 15021 | Department of Transportation; the Department of Health; the |
| 15022 | Department of Children and Family Services; the Department of |
| 15023 | Juvenile Justice; the Department of Agriculture and Consumer |
| 15024 | Services; the Department of State; the Fish and Wildlife |
| 15025 | Conservation Commission; and any applicable water management |
| 15026 | districts and regional planning councils. The purposes of the |
| 15027 | workshop shall be to assist the host local government to |
| 15028 | understand issues of concern to the above listed entities |
| 15029 | pertaining to the military base site and to identify |
| 15030 | opportunities for better coordination of planning and review |
| 15031 | efforts with the information and analyses generated by the |
| 15032 | federal environmental impact statement process and the federal |
| 15033 | community base reuse planning process. |
| 15034 | (9) If a host local government elects to use the optional |
| 15035 | provisions of this act, it shall, no later than 12 months after |
| 15036 | notifying the agencies of its intent pursuant to subsection (3) |
| 15037 | either: |
| 15038 | (a) Send a copy of the proposed military base reuse plan |
| 15039 | for review to any affected local governments; the Department of |
| 15040 | Environmental Protection; the Office of Tourism, Trade, and |
| 15041 | Economic Development; the Department of Economic Opportunity |
| 15042 | Community Affairs; the Department of Transportation; the |
| 15043 | Department of Health; the Department of Children and Family |
| 15044 | Services; the Department of Juvenile Justice; the Department of |
| 15045 | Agriculture and Consumer Services; the Department of State; the |
| 15046 | Fish and Wildlife Conservation Commission; and any applicable |
| 15047 | water management districts and regional planning councils, or |
| 15048 | (b) Petition the secretary of the Department of Economic |
| 15049 | Opportunity Community Affairs for an extension of the deadline |
| 15050 | for submitting a proposed reuse plan. Such an extension request |
| 15051 | must be justified by changes or delays in the closure process by |
| 15052 | the federal Department of Defense or for reasons otherwise |
| 15053 | deemed to promote the orderly and beneficial planning of the |
| 15054 | subject military base reuse. The secretary of the Department of |
| 15055 | Community Affairs may grant extensions to the required |
| 15056 | submission date of the reuse plan. |
| 15057 | Section 289. Paragraph (f) of subsection (2) of section |
| 15058 | 288.984, Florida Statutes, is amended to read: |
| 15059 | 288.984 Florida Council on Military Base and Mission |
| 15060 | Support.-The Florida Council on Military Base and Mission |
| 15061 | Support is established. The council shall provide oversight and |
| 15062 | direction for initiatives, claims, and actions taken on behalf |
| 15063 | of the state, its agencies, and political subdivisions under |
| 15064 | this part. |
| 15065 | (2) MEMBERSHIP.- |
| 15066 | (f) The Commissioner of Economic Opportunity Secretary of |
| 15067 | Community Affairs or his or her designee, the Secretary of |
| 15068 | Environmental Protection or his or her designee, the Secretary |
| 15069 | of Transportation or his or her designee, the Adjutant General |
| 15070 | of the state or his or her designee, and the executive director |
| 15071 | of the Department of Veterans' Affairs or his or her designee |
| 15072 | shall attend meetings held by the council and provide |
| 15073 | assistance, information, and support as requested by the |
| 15074 | council. |
| 15075 | Section 290. Subsections (3) and (6) of section 290.042, |
| 15076 | Florida Statutes, are amended to read: |
| 15077 | 290.042 Definitions relating to Florida Small Cities |
| 15078 | Community Development Block Grant Program Act.-As used in ss. |
| 15079 | 290.0401-290.049, the term: |
| 15080 | (3) "Department" means the Department of Economic |
| 15081 | Opportunity Community Affairs. |
| 15082 | (6) "Person of low or moderate income" means any person |
| 15083 | who meets the definition established by the department of |
| 15084 | Community Affairs in accordance with the guidelines established |
| 15085 | in Title I of the Housing and Community Development Act of 1974, |
| 15086 | as amended. |
| 15087 | Section 291. Section 290.043, Florida Statutes, is amended |
| 15088 | to read: |
| 15089 | 290.043 Florida Small Cities Community Development Block |
| 15090 | Grant Program; administration.-There is created the Florida |
| 15091 | Small Cities Community Development Block Grant Program. The |
| 15092 | department of Community Affairs shall administer the program as |
| 15093 | authorized and described in Title I of the Housing and Community |
| 15094 | Development Act of 1974, as amended; Pub. L. No. 93-383, as |
| 15095 | amended by Pub. L. No. 96-399 and Pub. L. No. 97-35; 42 U.S.C. |
| 15096 | ss. 5301 et seq. |
| 15097 | Section 292. Subsection (6) of section 290.046, Florida |
| 15098 | Statutes, is amended to read: |
| 15099 | 290.046 Applications for grants; procedures; |
| 15100 | requirements.- |
| 15101 | (6) The local government shall establish a citizen |
| 15102 | advisory task force composed of citizens in the jurisdiction in |
| 15103 | which the proposed project is to be implemented to provide input |
| 15104 | relative to all phases of the project process. The local |
| 15105 | government must obtain consent from the department of Community |
| 15106 | Affairs for any other type of citizen participation plan upon a |
| 15107 | showing that such plan is better suited to secure citizen |
| 15108 | participation for that locality. |
| 15109 | Section 293. Section 290.048, Florida Statutes, is amended |
| 15110 | to read: |
| 15111 | 290.048 General powers of department of Community Affairs |
| 15112 | under ss. 290.0401-290.049.-The department has all the powers |
| 15113 | necessary or appropriate to carry out the purposes and |
| 15114 | provisions of the program, including the power to: |
| 15115 | (1) Make contracts and agreements with the Federal |
| 15116 | Government; other agencies of the state; any other public |
| 15117 | agency; or any other public person, association, corporation, |
| 15118 | local government, or entity in exercising its powers and |
| 15119 | performing its duties under ss. 290.0401-290.049. |
| 15120 | (2) Seek and accept funding from any public or private |
| 15121 | source. |
| 15122 | (3) Adopt and enforce rules not inconsistent with ss. |
| 15123 | 290.0401-290.049 for the administration of the fund. |
| 15124 | (4) Assist in training employees of local governing |
| 15125 | authorities to help achieve and increase their capacity to |
| 15126 | administer programs pursuant to ss. 290.0401-290.049 and provide |
| 15127 | technical assistance and advice to local governing authorities |
| 15128 | involved with these programs. |
| 15129 | (5) Adopt and enforce strict requirements concerning an |
| 15130 | applicant's written description of a service area. Each such |
| 15131 | description shall contain maps which illustrate the location of |
| 15132 | the proposed service area. All such maps must be clearly legible |
| 15133 | and must: |
| 15134 | (a) Contain a scale which is clearly marked on the map. |
| 15135 | (b) Show the boundaries of the locality. |
| 15136 | (c) Show the boundaries of the service area where the |
| 15137 | activities will be concentrated. |
| 15138 | (d) Display the location of all proposed area activities. |
| 15139 | (e) Include the names of streets, route numbers, or easily |
| 15140 | identifiable landmarks where all service activities are located. |
| 15141 | (6) Pledge community development block grant revenues from |
| 15142 | the Federal Government in order to guarantee notes or other |
| 15143 | obligations of a public entity which are approved pursuant to s. |
| 15144 | 290.0455. |
| 15145 | (7) Establish an advisory committee of no more than 13 |
| 15146 | members to solicit participation in designing, administering, |
| 15147 | and evaluating the program and in linking the program with other |
| 15148 | housing and community development resources. |
| 15149 | Section 294. Paragraph (a) of subsection (2) and |
| 15150 | subsection (4) of section 290.0491, Florida Statutes, is amended |
| 15151 | to read: |
| 15152 | 290.0491 Florida Empowerment Zones.- |
| 15153 | (2) DEFINITIONS.-As used in this section, the term: |
| 15154 | (a) "Department" means the Department of Economic |
| 15155 | Opportunity Community Affairs. |
| 15156 | (4) EMPOWERMENT ZONE PROGRAM.-There is created an economic |
| 15157 | development program to be known as the Florida Empowerment Zone |
| 15158 | Program. The program shall exist for 10 years and, except as |
| 15159 | otherwise provided by law, be operated by the Department of |
| 15160 | Economic Opportunity Community Affairs in conjunction with the |
| 15161 | Federal Empowerment Zone Program. |
| 15162 | Section 295. Paragraph (b) of subsection (1) of section |
| 15163 | 311.105, Florida Statutes, is amended to read: |
| 15164 | 311.105 Florida Seaport Environmental Management |
| 15165 | Committee; permitting; mitigation.- |
| 15166 | (1) |
| 15167 | (b) The committee shall consist of the following members: |
| 15168 | the Secretary of Environmental Protection, or his or her |
| 15169 | designee, as an ex officio, nonvoting member; a designee from |
| 15170 | the United States Army Corps of Engineers, as an ex officio, |
| 15171 | nonvoting member; a designee from the Florida Inland Navigation |
| 15172 | District, as an ex officio, nonvoting member; the Commissioner |
| 15173 | of Economic Opportunity Secretary of Community Affairs, or his |
| 15174 | or her designee, as an ex officio, nonvoting member; and five or |
| 15175 | more port directors, as voting members, appointed to the |
| 15176 | committee by the council chair, who shall also designate one |
| 15177 | such member as committee chair. |
| 15178 | Section 296. Subsection (3) of section 327.803, Florida |
| 15179 | Statutes, is amended to read: |
| 15180 | 327.803 Boating Advisory Council.- |
| 15181 | (3) The purpose of the council is to make recommendations |
| 15182 | to the Fish and Wildlife Conservation Commission and the |
| 15183 | Department of Economic Opportunity Community Affairs regarding |
| 15184 | issues affecting the boating community, including, but not |
| 15185 | limited to, issues related to: |
| 15186 | (a) Boating and diving safety education. |
| 15187 | (b) Boating-related facilities, including marinas and boat |
| 15188 | testing facilities. |
| 15189 | (c) Boat usage. |
| 15190 | (d) Boat access. |
| 15191 | (e) Working waterfronts. |
| 15192 | Section 297. Subsection (1) of section 332.115, Florida |
| 15193 | Statutes, is amended to read: |
| 15194 | 332.115 Joint project agreement with port district for |
| 15195 | transportation corridor between airport and port facility.- |
| 15196 | (1) An eligible agency may acquire, construct, and operate |
| 15197 | all equipment, appurtenances, and land necessary to establish, |
| 15198 | maintain, and operate, or to license others to establish, |
| 15199 | maintain, operate, or use, a transportation corridor connecting |
| 15200 | an airport operated by such eligible agency with a port |
| 15201 | facility, which corridor must be acquired, constructed, and used |
| 15202 | for the transportation of persons between the airport and the |
| 15203 | port facility, for the transportation of cargo, and for the |
| 15204 | location and operation of lines for the transmission of water, |
| 15205 | electricity, communications, information, petroleum products, |
| 15206 | products of a public utility (including new technologies of a |
| 15207 | public utility nature), and materials. However, any such |
| 15208 | corridor may be established and operated only pursuant to a |
| 15209 | joint project agreement between an eligible agency as defined in |
| 15210 | s. 332.004 and a port district as defined in s. 315.02, and such |
| 15211 | agreement must be approved by the Department of Transportation |
| 15212 | and the Department of Economic Opportunity Community Affairs. |
| 15213 | Before the Department of Transportation approves the joint |
| 15214 | project agreement, that department must review the public |
| 15215 | purpose and necessity for the corridor pursuant to s. 337.273(5) |
| 15216 | and must also determine that the proposed corridor is consistent |
| 15217 | with the Florida Transportation Plan. Before the Department of |
| 15218 | Economic Opportunity Community Affairs approves the joint |
| 15219 | project agreement, that department must determine that the |
| 15220 | proposed corridor is consistent with the applicable local |
| 15221 | government comprehensive plans. An affected local government may |
| 15222 | provide its comments regarding the consistency of the proposed |
| 15223 | corridor with its comprehensive plan to the Department of |
| 15224 | Economic Opportunity Community Affairs. |
| 15225 | Section 298. Section 333.065, Florida Statutes, is amended |
| 15226 | to read: |
| 15227 | 333.065 Guidelines regarding land use near airports.-The |
| 15228 | Department of Transportation, after consultation with the |
| 15229 | Department of Economic Opportunity Community Affairs, local |
| 15230 | governments, and other interested persons, shall adopt by rule |
| 15231 | recommended guidelines regarding compatible land uses in the |
| 15232 | vicinity of airports. These guidelines shall utilize acceptable |
| 15233 | and established quantitative measures, such as the Air |
| 15234 | Installation Compatible Use Zone standards, the Florida |
| 15235 | Statutes, and applicable Federal Aviation Administration |
| 15236 | documents. |
| 15237 | Section 299. Paragraph (f) of subsection (4) of section |
| 15238 | 339.135, Florida Statutes, is amended to read: |
| 15239 | 339.135 Work program; legislative budget request; |
| 15240 | definitions; preparation, adoption, execution, and amendment.- |
| 15241 | (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.- |
| 15242 | (f) The central office shall submit a preliminary copy of |
| 15243 | the tentative work program to the Executive Office of the |
| 15244 | Governor, the legislative appropriations committees, the Florida |
| 15245 | Transportation Commission, and the Department of Economic |
| 15246 | Opportunity Community Affairs at least 14 days prior to the |
| 15247 | convening of the regular legislative session. Prior to the |
| 15248 | statewide public hearing required by paragraph (g), the |
| 15249 | Department of Economic Opportunity Community Affairs shall |
| 15250 | transmit to the Florida Transportation Commission a list of |
| 15251 | those projects and project phases contained in the tentative |
| 15252 | work program which are identified as being inconsistent with |
| 15253 | approved local government comprehensive plans. For urbanized |
| 15254 | areas of metropolitan planning organizations, the list may not |
| 15255 | contain any project or project phase that is scheduled in a |
| 15256 | transportation improvement program unless such inconsistency has |
| 15257 | been previously reported to the affected metropolitan planning |
| 15258 | organization. |
| 15259 | Section 300. Paragraphs (f) and (g) of subsection (8) of |
| 15260 | section 339.175, Florida Statutes, are amended to read: |
| 15261 | 339.175 Metropolitan planning organization.- |
| 15262 | (8) TRANSPORTATION IMPROVEMENT PROGRAM.-Each M.P.O. shall, |
| 15263 | in cooperation with the state and affected public transportation |
| 15264 | operators, develop a transportation improvement program for the |
| 15265 | area within the jurisdiction of the M.P.O. In the development of |
| 15266 | the transportation improvement program, each M.P.O. must provide |
| 15267 | the public, affected public agencies, representatives of |
| 15268 | transportation agency employees, freight shippers, providers of |
| 15269 | freight transportation services, private providers of |
| 15270 | transportation, representatives of users of public transit, and |
| 15271 | other interested parties with a reasonable opportunity to |
| 15272 | comment on the proposed transportation improvement program. |
| 15273 | (f) The adopted annual transportation improvement program |
| 15274 | for M.P.O.'s in nonattainment or maintenance areas must be |
| 15275 | submitted to the district secretary and the Department of |
| 15276 | Economic Opportunity Community Affairs at least 90 days before |
| 15277 | the submission of the state transportation improvement program |
| 15278 | by the department to the appropriate federal agencies. The |
| 15279 | annual transportation improvement program for M.P.O.'s in |
| 15280 | attainment areas must be submitted to the district secretary and |
| 15281 | the Department of Economic Opportunity Community Affairs at |
| 15282 | least 45 days before the department submits the state |
| 15283 | transportation improvement program to the appropriate federal |
| 15284 | agencies; however, the department, the Department of Economic |
| 15285 | Opportunity Community Affairs, and a metropolitan planning |
| 15286 | organization may, in writing, agree to vary this submittal date. |
| 15287 | The Governor or the Governor's designee shall review and approve |
| 15288 | each transportation improvement program and any amendments |
| 15289 | thereto. |
| 15290 | (g) The Department of Economic Opportunity Community |
| 15291 | Affairs shall review the annual transportation improvement |
| 15292 | program of each M.P.O. for consistency with the approved local |
| 15293 | government comprehensive plans of the units of local government |
| 15294 | whose boundaries are within the metropolitan area of each M.P.O. |
| 15295 | and shall identify those projects that are inconsistent with |
| 15296 | such comprehensive plans. The Department of Economic Opportunity |
| 15297 | Community Affairs shall notify an M.P.O. of any transportation |
| 15298 | projects contained in its transportation improvement program |
| 15299 | which are inconsistent with the approved local government |
| 15300 | comprehensive plans of the units of local government whose |
| 15301 | boundaries are within the metropolitan area of the M.P.O. |
| 15302 | Section 301. Subsection (1) of section 342.201, Florida |
| 15303 | Statutes, is amended to read: |
| 15304 | 342.201 Waterfronts Florida Program.- |
| 15305 | (1) There is established within the Department of Economic |
| 15306 | Opportunity Community Affairs the Waterfronts Florida Program to |
| 15307 | provide technical assistance and support to communities in |
| 15308 | revitalizing waterfront areas in this state. |
| 15309 | Section 302. Subsection (3) of section 369.303, Florida |
| 15310 | Statutes, is amended to read: |
| 15311 | 369.303 Definitions.-As used in this part: |
| 15312 | (3) "Department" means the Department of Economic |
| 15313 | Opportunity Community Affairs. |
| 15314 | Section 303. Subsections (1) of section 369.318, Florida |
| 15315 | Statutes, is amended to read: |
| 15316 | 369.318 Studies.- |
| 15317 | (1) The Department of Environmental Protection shall study |
| 15318 | the efficacy and applicability of water quality and wastewater |
| 15319 | treatment standards needed to achieve nitrogen reductions |
| 15320 | protective of surface and groundwater quality within the Wekiva |
| 15321 | Study Area and report to the Governor and the Department of |
| 15322 | Economic Opportunity Community Affairs. The Department of |
| 15323 | Environmental Protection may adopt rules to implement the |
| 15324 | specific recommendations set forth in sections C.2. and C.4. of |
| 15325 | its report entitled "A Strategy for Water Quality Protection: |
| 15326 | Wastewater Treatment in the Wekiva Study Area," dated December |
| 15327 | 2004, in order to achieve nitrogen reductions protective of |
| 15328 | surface and groundwater quality in the Wekiva Study Area and |
| 15329 | implement Recommendation 8 of the Wekiva River Basin |
| 15330 | Coordinating Committee's final report dated March 16, 2004. The |
| 15331 | rules shall provide an opportunity for relief from such specific |
| 15332 | recommendations upon affirmative demonstration by the permittee |
| 15333 | or permit applicant, based on water quality data, physical |
| 15334 | circumstances, or other credible information, that the discharge |
| 15335 | of treated wastewater is protective of surface water and |
| 15336 | groundwater quality with respect to nitrate nitrogen as set |
| 15337 | forth in section C.1. of the referenced December 2004 report. |
| 15338 | Section 304. Subsections (5) and (7) of section 369.321, |
| 15339 | Florida Statutes, are amended to read: |
| 15340 | 369.321 Comprehensive plan amendments.-Except as otherwise |
| 15341 | expressly provided, by January 1, 2006, each local government |
| 15342 | within the Wekiva Study Area shall amend its local government |
| 15343 | comprehensive plan to include the following: |
| 15344 | (5) Comprehensive plans and comprehensive plan amendments |
| 15345 | adopted by the local governments to implement this section shall |
| 15346 | be reviewed by the Department of Economic Opportunity Community |
| 15347 | Affairs pursuant to s. 163.3184, and shall be exempt from the |
| 15348 | provisions of s. 163.3187(1). |
| 15349 | (7) During the period prior to the adoption of the |
| 15350 | comprehensive plan amendments required by this act, any local |
| 15351 | comprehensive plan amendment adopted by a city or county that |
| 15352 | applies to land located within the Wekiva Study Area shall |
| 15353 | protect surface and groundwater resources and be reviewed by the |
| 15354 | Department of Economic Opportunity Community Affairs, pursuant |
| 15355 | to chapter 163 and chapter 9J-5, Florida Administrative Code, |
| 15356 | using best available data, including the information presented |
| 15357 | to the Wekiva River Basin Coordinating Committee. |
| 15358 | Section 305. Subsections (1) and (3) of section 369.322, |
| 15359 | Florida Statutes, are amended to read: |
| 15360 | 369.322 Coordination of land use and water supply within |
| 15361 | the Wekiva Study Area.- |
| 15362 | (1) In their review of local government comprehensive plan |
| 15363 | amendments for property located within the Wekiva Study Area |
| 15364 | pursuant to s. 163.3184, the Department of Economic Opportunity |
| 15365 | Community Affairs and the St. Johns River Water Management |
| 15366 | District shall assure that amendments that increase development |
| 15367 | potential demonstrate that adequate potable water consumptive |
| 15368 | use permit capacity is available. |
| 15369 | (3) In recognition of the need to balance resource |
| 15370 | protection, existing infrastructure and improvements planned or |
| 15371 | committed as part of approved development, consistent with |
| 15372 | existing municipal or county comprehensive plans and economic |
| 15373 | development opportunities, planned community development |
| 15374 | initiatives that assure protection of surface and groundwater |
| 15375 | resources while promoting compact, ecologically and economically |
| 15376 | sustainable growth should be encouraged. Small area studies, |
| 15377 | sector plans, or similar planning tools should support these |
| 15378 | community development initiatives. In addition, the Department |
| 15379 | of Economic Opportunity Community Affairs may make available |
| 15380 | best practice guides that demonstrate how to balance resource |
| 15381 | protection and economic development opportunities. |
| 15382 | Section 306. Section 369.323, Florida Statutes, is amended |
| 15383 | to read: |
| 15384 | 369.323 Compliance.-Comprehensive plans and plan |
| 15385 | amendments adopted by the local governments within the Wekiva |
| 15386 | Study Area to implement this act shall be reviewed for |
| 15387 | compliance by the Department of Economic Opportunity Community |
| 15388 | Affairs. |
| 15389 | Section 307. Subsections (1) and (5) of section 369.324, |
| 15390 | Florida Statutes, are amended to read: |
| 15391 | 369.324 Wekiva River Basin Commission.- |
| 15392 | (1) The Wekiva River Basin Commission is created to |
| 15393 | monitor and ensure the implementation of the recommendations of |
| 15394 | the Wekiva River Basin Coordinating Committee for the Wekiva |
| 15395 | Study Area. The East Central Florida Regional Planning Council |
| 15396 | shall provide staff support to the commission with funding |
| 15397 | assistance from the Department of Economic Opportunity Community |
| 15398 | Affairs. The commission shall be comprised of a total of 19 |
| 15399 | members appointed by the Governor, 9 of whom shall be voting |
| 15400 | members and 10 shall be ad hoc nonvoting members. The voting |
| 15401 | members shall include: |
| 15402 | (a) One member of each of the Boards of County |
| 15403 | Commissioners for Lake, Orange, and Seminole Counties. |
| 15404 | (b) One municipal elected official to serve as a |
| 15405 | representative of the municipalities located within the Wekiva |
| 15406 | Study Area of Lake County. |
| 15407 | (c) One municipal elected official to serve as a |
| 15408 | representative of the municipalities located within the Wekiva |
| 15409 | Study Area of Orange County. |
| 15410 | (d) One municipal elected official to serve as a |
| 15411 | representative of the municipalities located within the Wekiva |
| 15412 | Study Area of Seminole County. |
| 15413 | (e) One citizen representing an environmental or |
| 15414 | conservation organization, one citizen representing a local |
| 15415 | property owner, a land developer, or an agricultural entity, and |
| 15416 | one at-large citizen who shall serve as chair of the council. |
| 15417 | (f) The ad hoc nonvoting members shall include one |
| 15418 | representative from each of the following entities: |
| 15419 | 1. St. Johns River Management District. |
| 15420 | 2. Department of Economic Opportunity Community Affairs. |
| 15421 | 3. Department of Environmental Protection. |
| 15422 | 4. Department of Health. |
| 15423 | 5. Department of Agriculture and Consumer Services. |
| 15424 | 6. Fish and Wildlife Conservation Commission. |
| 15425 | 7. Department of Transportation. |
| 15426 | 8. MetroPlan Orlando. |
| 15427 | 9. Orlando-Orange County Expressway Authority. |
| 15428 | 10. Seminole County Expressway Authority. |
| 15429 | (5) The commission shall report annually, no later than |
| 15430 | December 31 of each year, to the Governor, the President of the |
| 15431 | Senate, the Speaker of the House of Representatives, and the |
| 15432 | Department of Economic Opportunity Community Affairs on |
| 15433 | implementation progress. |
| 15434 | Section 308. Paragraph (b) of subsection (3) of section |
| 15435 | 373.199, Florida Statutes, is amended to read: |
| 15436 | 373.199 Florida Forever Water Management District Work |
| 15437 | Plan.- |
| 15438 | (3) In developing the list, each water management district |
| 15439 | shall: |
| 15440 | (b) Work cooperatively with the applicable ecosystem |
| 15441 | management area teams and other citizen advisory groups, the |
| 15442 | Department of Environmental Protection and its district offices, |
| 15443 | the Department of Agriculture and Consumer Services, the Fish |
| 15444 | and Wildlife Conservation Commission, the Department of Economic |
| 15445 | Opportunity Community Affairs, the Department of Transportation, |
| 15446 | other state agencies, and federal agencies, where applicable. |
| 15447 | Section 309. Subsection (5) of section 373.4149, Florida |
| 15448 | Statutes, is amended to read: |
| 15449 | 373.4149 Miami-Dade County Lake Belt Plan.- |
| 15450 | (5) The secretary of the Department of Environmental |
| 15451 | Protection, the Commissioner secretary of the Department of |
| 15452 | Economic Opportunity Community Affairs, the secretary of the |
| 15453 | Department of Transportation, the Commissioner of Agriculture, |
| 15454 | the executive director of the Fish and Wildlife Conservation |
| 15455 | Commission, and the executive director of the South Florida |
| 15456 | Water Management District may enter into agreements with |
| 15457 | landowners, developers, businesses, industries, individuals, and |
| 15458 | governmental agencies as necessary to effectuate the Miami-Dade |
| 15459 | Lake Belt Plan and the provisions of this section. |
| 15460 | Section 310. Paragraph (a) of subsection (1) of section |
| 15461 | 373.453, Florida Statutes, is amended to read: |
| 15462 | 373.453 Surface water improvement and management plans and |
| 15463 | programs.- |
| 15464 | (1)(a) Each water management district, in cooperation with |
| 15465 | the department, the Department of Agriculture and Consumer |
| 15466 | Services, the Department of Economic Opportunity Community |
| 15467 | Affairs, the Fish and Wildlife Conservation Commission, local |
| 15468 | governments, and others, shall maintain a list that prioritizes |
| 15469 | water bodies of regional or statewide significance within the |
| 15470 | water management district. The list shall be reviewed and |
| 15471 | updated every 5 years. |
| 15472 | Section 311. Subsection (2) of section 376.86, Florida |
| 15473 | Statutes, is amended to read: |
| 15474 | 376.86 Brownfield Areas Loan Guarantee Program.- |
| 15475 | (2) The council shall consist of the secretary of the |
| 15476 | Department of Environmental Protection or the secretary's |
| 15477 | designee, the Commissioner of Economic Opportunity or the |
| 15478 | commissioner's secretary of the Department of Community Affairs |
| 15479 | or the secretary's designee, the State Surgeon General or the |
| 15480 | State Surgeon General's designee, the Executive Director of the |
| 15481 | State Board of Administration or the executive director's |
| 15482 | designee, the Executive Director of the Florida Housing Finance |
| 15483 | Corporation or the executive director's designee, and the |
| 15484 | Director of the Governor's Office of Tourism, Trade, and |
| 15485 | Economic Development or the director's designee. The chairperson |
| 15486 | of the council shall be the Director of the Governor's Office of |
| 15487 | Tourism, Trade, and Economic Development. Staff services for |
| 15488 | activities of the council shall be provided as needed by the |
| 15489 | member agencies. |
| 15490 | Section 312. Paragraph (c) of subsection (1) of section |
| 15491 | 377.6015, Florida Statutes, is amended to read: |
| 15492 | 377.6015 Florida Energy and Climate Commission.- |
| 15493 | (1) The Florida Energy and Climate Commission is created |
| 15494 | within the Executive Office of the Governor. The commission |
| 15495 | shall be comprised of nine members appointed by the Governor, |
| 15496 | the Commissioner of Agriculture, and the Chief Financial |
| 15497 | Officer. |
| 15498 | (c) The chair may designate the following ex officio, |
| 15499 | nonvoting members to provide information and advice to the |
| 15500 | commission at the request of the chair: |
| 15501 | 1. The chair of the Florida Public Service Commission, or |
| 15502 | his or her designee. |
| 15503 | 2. The Public Counsel, or his or her designee. |
| 15504 | 3. A representative of the Department of Agriculture and |
| 15505 | Consumer Services. |
| 15506 | 4. A representative of the Department of Financial |
| 15507 | Services. |
| 15508 | 5. A representative of the Department of Environmental |
| 15509 | Protection. |
| 15510 | 6. A representative of the Department of Economic |
| 15511 | Opportunity Community Affairs. |
| 15512 | 7. A representative of the Board of Governors of the State |
| 15513 | University System. |
| 15514 | 8. A representative of the Department of Transportation. |
| 15515 | Section 313. Paragraph (h) of subsection (2) of section |
| 15516 | 377.703, Florida Statutes, is amended to read: |
| 15517 | 377.703 Additional functions of the Florida Energy and |
| 15518 | Climate Commission.- |
| 15519 | (2) FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.-The |
| 15520 | commission shall perform the following functions consistent with |
| 15521 | the development of a state energy policy: |
| 15522 | (h) The commission shall promote the development and use |
| 15523 | of renewable energy resources, in conformance with the |
| 15524 | provisions of chapter 187 and s. 377.601, by: |
| 15525 | 1. Establishing goals and strategies for increasing the |
| 15526 | use of solar energy in this state. |
| 15527 | 2. Aiding and promoting the commercialization of solar |
| 15528 | energy technology, in cooperation with the Florida Solar Energy |
| 15529 | Center, Enterprise Florida, Inc., and any other federal, state, |
| 15530 | or local governmental agency which may seek to promote research, |
| 15531 | development, and demonstration of solar energy equipment and |
| 15532 | technology. |
| 15533 | 3. Identifying barriers to greater use of solar energy |
| 15534 | systems in this state, and developing specific recommendations |
| 15535 | for overcoming identified barriers, with findings and |
| 15536 | recommendations to be submitted annually in the report to the |
| 15537 | Governor and Legislature required under paragraph (f). |
| 15538 | 4. In cooperation with the Department of Environmental |
| 15539 | Protection, the Department of Transportation, the Department of |
| 15540 | Community Affairs, Enterprise Florida, Inc., the Florida Solar |
| 15541 | Energy Center, and the Florida Solar Energy Industries |
| 15542 | Association, investigating opportunities, pursuant to the |
| 15543 | National Energy Policy Act of 1992, the Housing and Community |
| 15544 | Development Act of 1992, and any subsequent federal legislation, |
| 15545 | for solar electric vehicles and other solar energy |
| 15546 | manufacturing, distribution, installation, and financing efforts |
| 15547 | which will enhance this state's position as the leader in solar |
| 15548 | energy research, development, and use. |
| 15549 | 5. Undertaking other initiatives to advance the |
| 15550 | development and use of renewable energy resources in this state. |
| 15551 |
|
| 15552 | In the exercise of its responsibilities under this paragraph, |
| 15553 | the commission shall seek the assistance of the solar energy |
| 15554 | industry in this state and other interested parties and is |
| 15555 | authorized to enter into contracts, retain professional |
| 15556 | consulting services, and expend funds appropriated by the |
| 15557 | Legislature for such purposes. |
| 15558 | Section 314. Subsection (1), paragraph (c) of subsection |
| 15559 | (2), and subsections (3) and (4) of section 377.809, Florida |
| 15560 | Statutes, are amended to read: |
| 15561 | 377.809 Energy Economic Zone Pilot Program.- |
| 15562 | (1) The Department of Economic Opportunity Community |
| 15563 | Affairs, in consultation with the Department of Transportation, |
| 15564 | shall implement an Energy Economic Zone Pilot Program for the |
| 15565 | purpose of developing a model to help communities cultivate |
| 15566 | green economic development, encourage renewable electric energy |
| 15567 | generation, manufacture products that contribute to energy |
| 15568 | conservation and green jobs, and further implement chapter 2008- |
| 15569 | 191, Laws of Florida, relative to discouraging sprawl and |
| 15570 | developing energy-efficient land use patterns and greenhouse gas |
| 15571 | reduction strategies. The Office of Tourism, Trade, and Economic |
| 15572 | Development and the Florida Energy and Climate Commission shall |
| 15573 | provide technical assistance to the departments in developing |
| 15574 | and administering the program. |
| 15575 | (2) |
| 15576 | (c) The Department of Economic Opportunity Community |
| 15577 | Affairs shall grant at least one application if the application |
| 15578 | meets the requirements of this subsection and the community has |
| 15579 | demonstrated a prior commitment to energy conservation, carbon |
| 15580 | reduction, green building, and economic development. The |
| 15581 | Department of Economic Opportunity Community Affairs and the |
| 15582 | Office of Tourism, Trade, and Economic Development shall provide |
| 15583 | the pilot community, including businesses within the energy |
| 15584 | economic zone, with technical assistance in identifying and |
| 15585 | qualifying for eligible grants and credits in job creation, |
| 15586 | energy, and other areas. |
| 15587 | (3) The Department of Community Affairs, with the |
| 15588 | assistance of the Office of Tourism, Trade, and Economic |
| 15589 | Development, shall submit an interim report by February 15, |
| 15590 | 2010, to the Governor, the President of the Senate, and the |
| 15591 | Speaker of the House of Representatives regarding the status of |
| 15592 | the pilot program. The report shall contain any recommendations |
| 15593 | deemed appropriate by the department for statutory changes to |
| 15594 | accomplish the goals of the pilot program community, including |
| 15595 | whether it would be beneficial to provide financial incentives |
| 15596 | similar to those offered to an enterprise zone. |
| 15597 | (3)(4) If the pilot project is ongoing, the Department of |
| 15598 | Economic Opportunity Community Affairs, with the assistance of |
| 15599 | the Office of Tourism, Trade, and Economic Development, shall |
| 15600 | submit a report to the Governor, the President of the Senate, |
| 15601 | and the Speaker of the House of Representatives by February 15, |
| 15602 | 2012, evaluating whether the pilot program has demonstrated |
| 15603 | success. The report shall contain recommendations with regard to |
| 15604 | whether the program should be expanded for use by other local |
| 15605 | governments and whether state policies should be revised to |
| 15606 | encourage the goals of the program. |
| 15607 | Section 315. Subsection (3) of section 378.411, Florida |
| 15608 | Statutes, is amended to read: |
| 15609 | 378.411 Certification to receive notices of intent to |
| 15610 | mine, to review, and to inspect for compliance.- |
| 15611 | (3) In making his or her determination, the secretary |
| 15612 | shall consult with the Department of Economic Opportunity |
| 15613 | Community Affairs, the appropriate regional planning council, |
| 15614 | and the appropriate water management district. |
| 15615 | Section 316. Paragraph (c) of subsection (4) of section |
| 15616 | 379.2291, Florida Statutes, is amended to read: |
| 15617 | 379.2291 Endangered and Threatened Species Act.- |
| 15618 | (4) INTERAGENCY COORDINATION.- |
| 15619 | (c) The commission, in consultation with the Department of |
| 15620 | Agriculture and Consumer Services, the Department of Economic |
| 15621 | Opportunity Community Affairs, or the Department of |
| 15622 | Transportation, may establish reduced speed zones along roads, |
| 15623 | streets, and highways to protect endangered species or |
| 15624 | threatened species. |
| 15625 | Section 317. Subsection (18) of section 380.031, Florida |
| 15626 | Statutes, is amended to read: |
| 15627 | 380.031 Definitions.-As used in this chapter: |
| 15628 | (18) "State land planning agency" means the Department of |
| 15629 | Economic Opportunity Community Affairs and may be referred to in |
| 15630 | this part as the "department." |
| 15631 | Section 318. Paragraph (e) of subsection (15) and |
| 15632 | subsection (27) of section 380.06, Florida Statutes, are amended |
| 15633 | to read: |
| 15634 | 380.06 Developments of regional impact.- |
| 15635 | (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.- |
| 15636 | (e)1. A local government shall not include, as a |
| 15637 | development order condition for a development of regional |
| 15638 | impact, any requirement that a developer contribute or pay for |
| 15639 | land acquisition or construction or expansion of public |
| 15640 | facilities or portions thereof unless the local government has |
| 15641 | enacted a local ordinance which requires other development not |
| 15642 | subject to this section to contribute its proportionate share of |
| 15643 | the funds, land, or public facilities necessary to accommodate |
| 15644 | any impacts having a rational nexus to the proposed development, |
| 15645 | and the need to construct new facilities or add to the present |
| 15646 | system of public facilities must be reasonably attributable to |
| 15647 | the proposed development. |
| 15648 | 2. A local government shall not approve a development of |
| 15649 | regional impact that does not make adequate provision for the |
| 15650 | public facilities needed to accommodate the impacts of the |
| 15651 | proposed development unless the local government includes in the |
| 15652 | development order a commitment by the local government to |
| 15653 | provide these facilities consistently with the development |
| 15654 | schedule approved in the development order; however, a local |
| 15655 | government's failure to meet the requirements of subparagraph 1. |
| 15656 | and this subparagraph shall not preclude the issuance of a |
| 15657 | development order where adequate provision is made by the |
| 15658 | developer for the public facilities needed to accommodate the |
| 15659 | impacts of the proposed development. Any funds or lands |
| 15660 | contributed by a developer must be expressly designated and used |
| 15661 | to accommodate impacts reasonably attributable to the proposed |
| 15662 | development. |
| 15663 | 3. The department of Community Affairs and other state and |
| 15664 | regional agencies involved in the administration and |
| 15665 | implementation of this act shall cooperate and work with units |
| 15666 | of local government in preparing and adopting local impact fee |
| 15667 | and other contribution ordinances. |
| 15668 | (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A |
| 15669 | DEVELOPMENT ORDER.-If a developer or owner is in doubt as to his |
| 15670 | or her rights, responsibilities, and obligations under a |
| 15671 | development order and the development order does not clearly |
| 15672 | define his or her rights, responsibilities, and obligations, the |
| 15673 | developer or owner may request participation in resolving the |
| 15674 | dispute through the dispute resolution process outlined in s. |
| 15675 | 186.509. The department of Community Affairs shall be notified |
| 15676 | by certified mail of any meeting held under the process provided |
| 15677 | for by this subsection at least 5 days before the meeting. |
| 15678 | Section 319. Paragraph (a) of subsection (5) of section |
| 15679 | 380.061, Florida Statutes, is amended to read: |
| 15680 | 380.061 The Florida Quality Developments program.- |
| 15681 | (5)(a) Before filing an application for development |
| 15682 | designation, the developer shall contact the department of |
| 15683 | Community Affairs to arrange one or more preapplication |
| 15684 | conferences with the other reviewing entities. Upon the request |
| 15685 | of the developer or any of the reviewing entities, other |
| 15686 | affected state or regional agencies shall participate in this |
| 15687 | conference. The department, in coordination with the local |
| 15688 | government with jurisdiction and the regional planning council, |
| 15689 | shall provide the developer information about the Florida |
| 15690 | Quality Developments designation process and the use of |
| 15691 | preapplication conferences to identify issues, coordinate |
| 15692 | appropriate state, regional, and local agency requirements, |
| 15693 | fully address any concerns of the local government, the regional |
| 15694 | planning council, and other reviewing agencies and the meeting |
| 15695 | of those concerns, if applicable, through development order |
| 15696 | conditions, and otherwise promote a proper, efficient, and |
| 15697 | timely review of the proposed Florida Quality Development. The |
| 15698 | department shall take the lead in coordinating the review |
| 15699 | process. |
| 15700 | Section 320. Subsections (2) and (6) of section 380.0677, |
| 15701 | Florida Statutes, are amended to read: |
| 15702 | 380.0677 Green Swamp Land Authority.- |
| 15703 | (2) MISSION.-The mission of the Green Swamp Land Authority |
| 15704 | shall be to balance the protection of the ecological values of |
| 15705 | the Green Swamp Area of Critical State Concern with the |
| 15706 | protection of private property rights and the interests of |
| 15707 | taxpayers through the acquisition of lands, or rights or |
| 15708 | interests in lands, from willing sellers within the Green Swamp |
| 15709 | Area of Critical State Concern. To that end, the authority is |
| 15710 | encouraged to coordinate with the Division of State Lands of the |
| 15711 | Department of Environmental Protection, the Florida Communities |
| 15712 | Trust Program within the Department of Environmental Protection |
| 15713 | Community Affairs, the Southwest Florida Water Management |
| 15714 | District, and the St. Johns River Water Management District to |
| 15715 | identify, select, and acquire less-than-fee-simple interests or |
| 15716 | rights in parcels within the Green Swamp Area of Critical State |
| 15717 | Concern, as part of overall land acquisition efforts by the |
| 15718 | state and the districts. When the Department of Environmental |
| 15719 | Protection and the water management districts are planning to |
| 15720 | acquire parcels within the Green Swamp Area of Critical State |
| 15721 | Concern, they shall consider acquiring such parcels using |
| 15722 | alternatives to fee simple techniques in consultation with the |
| 15723 | land authority. |
| 15724 | (6) APPROPRIATIONS.-From funds appropriated to the |
| 15725 | Department of Environmental Protection for land acquisition from |
| 15726 | the Conservation and Recreation Lands Trust Fund for fiscal |
| 15727 | years 1994-1995, 1995-1996, and 1996-1997, $4 million shall be |
| 15728 | reserved each fiscal year to carry out the purposes of this |
| 15729 | section. To the extent practicable, moneys appropriated from the |
| 15730 | Conservation and Recreation Lands Trust Fund, Save Our Rivers |
| 15731 | Trust Fund, and Florida Communities Trust Fund shall be used to |
| 15732 | acquire lands, or interests or rights in lands, on the |
| 15733 | Conservation and Recreation Lands, Save Our Rivers, or Florida |
| 15734 | Communities Trust land acquisition plans or lists, as defined in |
| 15735 | s. 259.035, or a land acquisition plan under s. 373.59 or s. |
| 15736 | 380.508. However, nothing in this subsection prohibits the Green |
| 15737 | Swamp Land Authority from entering into land protection |
| 15738 | agreements with any property owner whose property is not on any |
| 15739 | of such lists. From sums appropriated to the Department of |
| 15740 | Environmental Protection from the Water Management District |
| 15741 | Lands Trust Fund for fiscal years 1994-1995, 1995-1996, and |
| 15742 | 1996-1997, $3 million shall be reserved each fiscal year to |
| 15743 | carry out the purposes of this section. Such amounts as are used |
| 15744 | from the Water Management District Lands Trust Fund shall be |
| 15745 | credited against the allocations as provided in s. 373.59 to the |
| 15746 | St. Johns River Water Management District or the Southwest |
| 15747 | Florida Water Management District in proportion to the amount of |
| 15748 | lands for which an interest was acquired, and shall not be |
| 15749 | required by a district for debt service payments or land |
| 15750 | management purposes. From funds appropriated to the Department |
| 15751 | of Community Affairs for the Florida Communities Trust Program |
| 15752 | from the Preservation 2000 Trust Fund for fiscal years 1994-1995 |
| 15753 | through 1999-2000, $3 million shall be reserved each fiscal year |
| 15754 | to carry out the purposes of this section. Appropriations |
| 15755 | identified pursuant to this subsection shall fund the |
| 15756 | acquisition of lands, or the interests or rights in lands, and |
| 15757 | related costs of acquisition. Such funds shall be available for |
| 15758 | expenditure after the land authority has adopted rules to begin |
| 15759 | its program. Funds reserved pursuant to this subsection, for |
| 15760 | each of the referenced fiscal years, shall remain available for |
| 15761 | the purposes specified in this subsection for 24 months from the |
| 15762 | date on which such funds become available for disbursement. |
| 15763 | After such time has elapsed, any funds which are not legally |
| 15764 | obligated for expenditure shall be released for the lawful |
| 15765 | purposes for which they were otherwise appropriated. |
| 15766 | Section 321. Subsection (2) of section 380.503, Florida |
| 15767 | Statutes, is amended to read: |
| 15768 | 380.503 Definitions.-As used in ss. 380.501-380.515, |
| 15769 | unless the context indicates a different meaning or intent: |
| 15770 | (2) "Department" means the Department of Environmental |
| 15771 | Protection Community Affairs. |
| 15772 | Section 322. Subsection (1) of section 380.504, Florida |
| 15773 | Statutes, is amended to read: |
| 15774 | 380.504 Florida Communities Trust; creation; membership; |
| 15775 | expenses.- |
| 15776 | (1) There is created within the Department of |
| 15777 | Environmental Protection the Department of Community Affairs a |
| 15778 | nonregulatory state agency and instrumentality, which shall be a |
| 15779 | public body corporate and politic, known as the "Florida |
| 15780 | Communities Trust." The governing body of the trust shall |
| 15781 | consist of: |
| 15782 | (a) The Commissioner of Economic Opportunity Secretary of |
| 15783 | Community Affairs and the Secretary of Environmental Protection; |
| 15784 | and |
| 15785 | (b) Four public members whom the Governor shall appoint |
| 15786 | subject to Senate confirmation. |
| 15787 |
|
| 15788 | The Governor shall appoint a former elected official of a county |
| 15789 | government, a former elected official of a metropolitan |
| 15790 | municipal government, a representative of a nonprofit |
| 15791 | organization as defined in this part, and a representative of |
| 15792 | the development industry. The Commissioner of Economic |
| 15793 | Opportunity Secretary of Community Affairs may designate his or |
| 15794 | her assistant secretary or the director of the Division of |
| 15795 | Community Planning and Development to serve in his or her |
| 15796 | absence. The Secretary of Environmental Protection may appoint |
| 15797 | his or her deputy secretary, the director of the Division of |
| 15798 | State Lands, or the director of the Division of Recreation and |
| 15799 | Parks to serve in his or her absence. The Secretary of |
| 15800 | Environmental Protection Secretary of Community Affairs shall be |
| 15801 | the chair of the governing body of the trust. The Governor shall |
| 15802 | make his or her appointments upon the expiration of any current |
| 15803 | terms or within 60 days after the effective date of the |
| 15804 | resignation of any member. |
| 15805 | Section 323. Subsection (1) of section 380.5115, Florida |
| 15806 | Statutes, is amended to read: |
| 15807 | 380.5115 Florida Forever Program Trust Fund of the |
| 15808 | Department of Environmental Protection Community Affairs.- |
| 15809 | (1) There is created a Florida Forever Program Trust Fund |
| 15810 | within the department of Community Affairs to further the |
| 15811 | purposes of this part as specified in s. 259.105(3)(c) and (j). |
| 15812 | The trust fund shall receive funds pursuant to s. 259.105(3)(c) |
| 15813 | and (j). |
| 15814 | Section 324. Paragraph (e) of subsection (2) and paragraph |
| 15815 | (b) of subsection (5) of section 381.0303, Florida Statutes, are |
| 15816 | amended to read: |
| 15817 | 381.0303 Special needs shelters.- |
| 15818 | (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY |
| 15819 | ASSISTANCE.-If funds have been appropriated to support disaster |
| 15820 | coordinator positions in county health departments: |
| 15821 | (e) The Secretary of Elderly Affairs, or his or her |
| 15822 | designee, shall convene, at any time that he or she deems |
| 15823 | appropriate and necessary, a multiagency special needs shelter |
| 15824 | discharge planning team to assist local areas that are severely |
| 15825 | impacted by a natural or manmade disaster that requires the use |
| 15826 | of special needs shelters. Multiagency special needs shelter |
| 15827 | discharge planning teams shall provide assistance to local |
| 15828 | emergency management agencies with the continued operation or |
| 15829 | closure of the shelters, as well as with the discharge of |
| 15830 | special needs clients to alternate facilities if necessary. |
| 15831 | Local emergency management agencies may request the assistance |
| 15832 | of a multiagency special needs shelter discharge planning team |
| 15833 | by alerting statewide emergency management officials of the |
| 15834 | necessity for additional assistance in their area. The Secretary |
| 15835 | of Elderly Affairs is encouraged to proactively work with other |
| 15836 | state agencies prior to any natural disasters for which warnings |
| 15837 | are provided to ensure that multiagency special needs shelter |
| 15838 | discharge planning teams are ready to assemble and deploy |
| 15839 | rapidly upon a determination by state emergency management |
| 15840 | officials that a disaster area requires additional assistance. |
| 15841 | The Secretary of Elderly Affairs may call upon any state agency |
| 15842 | or office to provide staff to assist a multiagency special needs |
| 15843 | shelter discharge planning team. Unless the secretary determines |
| 15844 | that the nature or circumstances surrounding the disaster do not |
| 15845 | warrant participation from a particular agency's staff, each |
| 15846 | multiagency special needs shelter discharge planning team shall |
| 15847 | include at least one representative from each of the following |
| 15848 | state agencies: |
| 15849 | 1. Department of Elderly Affairs. |
| 15850 | 2. Department of Health. |
| 15851 | 3. Department of Children and Family Services. |
| 15852 | 4. Department of Veterans' Affairs. |
| 15853 | 5. Division of Emergency Management Department of |
| 15854 | Community Affairs. |
| 15855 | 6. Agency for Health Care Administration. |
| 15856 | 7. Agency for Persons with Disabilities. |
| 15857 | (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.-The State |
| 15858 | Surgeon General may establish a special needs shelter |
| 15859 | interagency committee and serve as, or appoint a designee to |
| 15860 | serve as, the committee's chair. The department shall provide |
| 15861 | any necessary staff and resources to support the committee in |
| 15862 | the performance of its duties. The committee shall address and |
| 15863 | resolve problems related to special needs shelters not addressed |
| 15864 | in the state comprehensive emergency medical plan and shall |
| 15865 | consult on the planning and operation of special needs shelters. |
| 15866 | (b) The special needs shelter interagency committee shall |
| 15867 | be composed of representatives of emergency management, health, |
| 15868 | medical, and social services organizations. Membership shall |
| 15869 | include, but shall not be limited to, representatives of the |
| 15870 | Departments of Health, Community Affairs, Children and Family |
| 15871 | Services, Elderly Affairs, and Education; the Agency for Health |
| 15872 | Care Administration; the Division of Emergency Management; the |
| 15873 | Florida Medical Association; the Florida Osteopathic Medical |
| 15874 | Association; Associated Home Health Industries of Florida, Inc.; |
| 15875 | the Florida Nurses Association; the Florida Health Care |
| 15876 | Association; the Florida Assisted Living Affiliation; the |
| 15877 | Florida Hospital Association; the Florida Statutory Teaching |
| 15878 | Hospital Council; the Florida Association of Homes for the |
| 15879 | Aging; the Florida Emergency Preparedness Association; the |
| 15880 | American Red Cross; Florida Hospices and Palliative Care, Inc.; |
| 15881 | the Association of Community Hospitals and Health Systems; the |
| 15882 | Florida Association of Health Maintenance Organizations; the |
| 15883 | Florida League of Health Systems; the Private Care Association; |
| 15884 | the Salvation Army; the Florida Association of Aging Services |
| 15885 | Providers; the AARP; and the Florida Renal Coalition. |
| 15886 | Section 325. Subsection (3) of section 381.7354, Florida |
| 15887 | Statutes, is amended to read: |
| 15888 | 381.7354 Eligibility.- |
| 15889 | (3) In addition to the grants awarded under subsections |
| 15890 | (1) and (2), up to 20 percent of the funding for the Reducing |
| 15891 | Racial and Ethnic Health Disparities: Closing the Gap grant |
| 15892 | program shall be dedicated to projects that address improving |
| 15893 | racial and ethnic health status within specific Front Porch |
| 15894 | Florida Communities, as designated pursuant to s. 20.18(6). |
| 15895 | Section 326. Subsection (8) of section 393.067, Florida |
| 15896 | Statutes, is amended to read: |
| 15897 | 393.067 Facility licensure.- |
| 15898 | (8) The agency, after consultation with the Division of |
| 15899 | Emergency Management Department of Community Affairs, shall |
| 15900 | adopt rules for foster care facilities, group home facilities, |
| 15901 | and residential habilitation centers which establish minimum |
| 15902 | standards for the preparation and annual update of a |
| 15903 | comprehensive emergency management plan. At a minimum, the rules |
| 15904 | must provide for plan components that address emergency |
| 15905 | evacuation transportation; adequate sheltering arrangements; |
| 15906 | postdisaster activities, including emergency power, food, and |
| 15907 | water; postdisaster transportation; supplies; staffing; |
| 15908 | emergency equipment; individual identification of residents and |
| 15909 | transfer of records; and responding to family inquiries. The |
| 15910 | comprehensive emergency management plan for all comprehensive |
| 15911 | transitional education programs and for homes serving |
| 15912 | individuals who have complex medical conditions is subject to |
| 15913 | review and approval by the local emergency management agency. |
| 15914 | During its review, the local emergency management agency shall |
| 15915 | ensure that the agency and the Division of Emergency Management |
| 15916 | Department of Community Affairs, at a minimum, are given the |
| 15917 | opportunity to review the plan. Also, appropriate volunteer |
| 15918 | organizations must be given the opportunity to review the plan. |
| 15919 | The local emergency management agency shall complete its review |
| 15920 | within 60 days and either approve the plan or advise the |
| 15921 | facility of necessary revisions. |
| 15922 | Section 327. Paragraph (c) of subsection (1) of section |
| 15923 | 395.1055, Florida Statutes, is amended to read: |
| 15924 | 395.1055 Rules and enforcement.- |
| 15925 | (1) The agency shall adopt rules pursuant to ss. |
| 15926 | 120.536(1) and 120.54 to implement the provisions of this part, |
| 15927 | which shall include reasonable and fair minimum standards for |
| 15928 | ensuring that: |
| 15929 | (c) A comprehensive emergency management plan is prepared |
| 15930 | and updated annually. Such standards must be included in the |
| 15931 | rules adopted by the agency after consulting with the Division |
| 15932 | of Emergency Management Department of Community Affairs. At a |
| 15933 | minimum, the rules must provide for plan components that address |
| 15934 | emergency evacuation transportation; adequate sheltering |
| 15935 | arrangements; postdisaster activities, including emergency |
| 15936 | power, food, and water; postdisaster transportation; supplies; |
| 15937 | staffing; emergency equipment; individual identification of |
| 15938 | residents and transfer of records, and responding to family |
| 15939 | inquiries. The comprehensive emergency management plan is |
| 15940 | subject to review and approval by the local emergency management |
| 15941 | agency. During its review, the local emergency management agency |
| 15942 | shall ensure that the following agencies, at a minimum, are |
| 15943 | given the opportunity to review the plan: the Department of |
| 15944 | Elderly Affairs, the Department of Health, the Agency for Health |
| 15945 | Care Administration, and the Division of Emergency Management |
| 15946 | Department of Community Affairs. Also, appropriate volunteer |
| 15947 | organizations must be given the opportunity to review the plan. |
| 15948 | The local emergency management agency shall complete its review |
| 15949 | within 60 days and either approve the plan or advise the |
| 15950 | facility of necessary revisions. |
| 15951 | Section 328. Paragraph (a) of subsection (1) of section |
| 15952 | 395.1056, Florida Statutes, is amended to read: |
| 15953 | 395.1056 Plan components addressing a hospital's response |
| 15954 | to terrorism; public records exemption; public meetings |
| 15955 | exemption.- |
| 15956 | (1)(a) Those portions of a comprehensive emergency |
| 15957 | management plan that address the response of a public or private |
| 15958 | hospital to an act of terrorism as defined by s. 775.30 held by |
| 15959 | the agency, a state or local law enforcement agency, a county or |
| 15960 | municipal emergency management agency, the Executive Office of |
| 15961 | the Governor, or the Department of Health, or the Department of |
| 15962 | Community Affairs are confidential and exempt from s. 119.07(1) |
| 15963 | and s. 24(a), Art. I of the State Constitution. |
| 15964 | Section 329. Paragraph (c) of subsection (14) of section |
| 15965 | 397.321, Florida Statutes, is amended to read: |
| 15966 | 397.321 Duties of the department.-The department shall: |
| 15967 | (14) In cooperation with service providers, foster and |
| 15968 | actively seek additional funding to enhance resources for |
| 15969 | prevention, intervention, clinical treatment, and recovery |
| 15970 | support services, including, but not limited to, the development |
| 15971 | of partnerships with: |
| 15972 | (c) State agencies, including, but not limited to, the |
| 15973 | Department of Corrections, the Department of Education, the |
| 15974 | Department of Juvenile Justice, the Department of Economic |
| 15975 | Opportunity Community Affairs, the Department of Elderly |
| 15976 | Affairs, the Department of Health, the Department of Financial |
| 15977 | Services, and the Agency for Health Care Administration. |
| 15978 | Section 330. Subsection (1) of section 397.801, Florida |
| 15979 | Statutes, is amended to read: |
| 15980 | 397.801 Substance abuse impairment coordination.- |
| 15981 | (1) The Department of Children and Family Services, the |
| 15982 | Department of Education, the Department of Corrections, the |
| 15983 | Department of Economic Opportunity Community Affairs, and the |
| 15984 | Department of Law Enforcement each shall appoint a policy level |
| 15985 | staff person to serve as the agency substance abuse impairment |
| 15986 | coordinator. The responsibilities of the agency coordinator |
| 15987 | include interagency and intraagency coordination, collection and |
| 15988 | dissemination of agency-specific data relating to substance |
| 15989 | abuse impairment, and participation in the development of the |
| 15990 | state comprehensive plan for substance abuse impairment. |
| 15991 | Section 331. Paragraph (g) of subsection (2) of section |
| 15992 | 400.23, Florida Statutes, is amended to read: |
| 15993 | 400.23 Rules; evaluation and deficiencies; licensure |
| 15994 | status.- |
| 15995 | (2) Pursuant to the intention of the Legislature, the |
| 15996 | agency, in consultation with the Department of Health and the |
| 15997 | Department of Elderly Affairs, shall adopt and enforce rules to |
| 15998 | implement this part and part II of chapter 408, which shall |
| 15999 | include reasonable and fair criteria in relation to: |
| 16000 | (g) The preparation and annual update of a comprehensive |
| 16001 | emergency management plan. The agency shall adopt rules |
| 16002 | establishing minimum criteria for the plan after consultation |
| 16003 | with the Division of Emergency Management Department of |
| 16004 | Community Affairs. At a minimum, the rules must provide for plan |
| 16005 | components that address emergency evacuation transportation; |
| 16006 | adequate sheltering arrangements; postdisaster activities, |
| 16007 | including emergency power, food, and water; postdisaster |
| 16008 | transportation; supplies; staffing; emergency equipment; |
| 16009 | individual identification of residents and transfer of records; |
| 16010 | and responding to family inquiries. The comprehensive emergency |
| 16011 | management plan is subject to review and approval by the local |
| 16012 | emergency management agency. During its review, the local |
| 16013 | emergency management agency shall ensure that the following |
| 16014 | agencies, at a minimum, are given the opportunity to review the |
| 16015 | plan: the Department of Elderly Affairs, the Department of |
| 16016 | Health, the Agency for Health Care Administration, and the |
| 16017 | Division of Emergency Management Department of Community |
| 16018 | Affairs. Also, appropriate volunteer organizations must be given |
| 16019 | the opportunity to review the plan. The local emergency |
| 16020 | management agency shall complete its review within 60 days and |
| 16021 | either approve the plan or advise the facility of necessary |
| 16022 | revisions. |
| 16023 | Section 332. Paragraph (a) of subsection (10) of section |
| 16024 | 400.497, Florida Statutes, is amended to read: |
| 16025 | 400.497 Rules establishing minimum standards.-The agency |
| 16026 | shall adopt, publish, and enforce rules to implement part II of |
| 16027 | chapter 408 and this part, including, as applicable, ss. 400.506 |
| 16028 | and 400.509, which must provide reasonable and fair minimum |
| 16029 | standards relating to: |
| 16030 | (10) Preparation of a comprehensive emergency management |
| 16031 | plan pursuant to s. 400.492. |
| 16032 | (a) The Agency for Health Care Administration shall adopt |
| 16033 | rules establishing minimum criteria for the plan and plan |
| 16034 | updates, with the concurrence of the Department of Health and in |
| 16035 | consultation with the Division of Emergency Management |
| 16036 | Department of Community Affairs. |
| 16037 | Section 333. Paragraph (f) of subsection (12) of section |
| 16038 | 400.506, Florida Statutes, is amended to read: |
| 16039 | 400.506 Licensure of nurse registries; requirements; |
| 16040 | penalties.- |
| 16041 | (12) Each nurse registry shall prepare and maintain a |
| 16042 | comprehensive emergency management plan that is consistent with |
| 16043 | the criteria in this subsection and with the local special needs |
| 16044 | plan. The plan shall be updated annually. The plan shall include |
| 16045 | the means by which the nurse registry will continue to provide |
| 16046 | the same type and quantity of services to its patients who |
| 16047 | evacuate to special needs shelters which were being provided to |
| 16048 | those patients prior to evacuation. The plan shall specify how |
| 16049 | the nurse registry shall facilitate the provision of continuous |
| 16050 | care by persons referred for contract to persons who are |
| 16051 | registered pursuant to s. 252.355 during an emergency that |
| 16052 | interrupts the provision of care or services in private |
| 16053 | residences. Nurse registries may establish links to local |
| 16054 | emergency operations centers to determine a mechanism by which |
| 16055 | to approach specific areas within a disaster area in order for a |
| 16056 | provider to reach its clients. Nurse registries shall |
| 16057 | demonstrate a good faith effort to comply with the requirements |
| 16058 | of this subsection by documenting attempts of staff to follow |
| 16059 | procedures outlined in the nurse registry's comprehensive |
| 16060 | emergency management plan which support a finding that the |
| 16061 | provision of continuing care has been attempted for patients |
| 16062 | identified as needing care by the nurse registry and registered |
| 16063 | under s. 252.355 in the event of an emergency under this |
| 16064 | subsection. |
| 16065 | (f) The Agency for Health Care Administration shall adopt |
| 16066 | rules establishing minimum criteria for the comprehensive |
| 16067 | emergency management plan and plan updates required by this |
| 16068 | subsection, with the concurrence of the Department of Health and |
| 16069 | in consultation with the Division of Emergency Management |
| 16070 | Department of Community Affairs. |
| 16071 | Section 334. Paragraph (h) of subsection (1) of section |
| 16072 | 400.605, Florida Statutes, is amended to read: |
| 16073 | 400.605 Administration; forms; fees; rules; inspections; |
| 16074 | fines.- |
| 16075 | (1) The agency, in consultation with the department, may |
| 16076 | adopt rules to administer the requirements of part II of chapter |
| 16077 | 408. The department, in consultation with the agency, shall by |
| 16078 | rule establish minimum standards and procedures for a hospice |
| 16079 | pursuant to this part. The rules must include: |
| 16080 | (h) Components of a comprehensive emergency management |
| 16081 | plan, developed in consultation with the Department of Health, |
| 16082 | the Department of Elderly Affairs, and the Division of Emergency |
| 16083 | Management Department of Community Affairs. |
| 16084 | Section 335. Subsection (9) of section 400.935, Florida |
| 16085 | Statutes, is amended to read: |
| 16086 | 400.935 Rules establishing minimum standards.-The agency |
| 16087 | shall adopt, publish, and enforce rules to implement this part |
| 16088 | and part II of chapter 408, which must provide reasonable and |
| 16089 | fair minimum standards relating to: |
| 16090 | (9) Preparation of the comprehensive emergency management |
| 16091 | plan under s. 400.934 and the establishment of minimum criteria |
| 16092 | for the plan, including the maintenance of patient equipment and |
| 16093 | supply lists that can accompany patients who are transported |
| 16094 | from their homes. Such rules shall be formulated in consultation |
| 16095 | with the Department of Health and the Division of Emergency |
| 16096 | Management Department of Community Affairs. |
| 16097 | Section 336. Paragraph (g) of subsection (2) of section |
| 16098 | 400.967, Florida Statutes, is amended to read: |
| 16099 | 400.967 Rules and classification of deficiencies.- |
| 16100 | (2) Pursuant to the intention of the Legislature, the |
| 16101 | agency, in consultation with the Agency for Persons with |
| 16102 | Disabilities and the Department of Elderly Affairs, shall adopt |
| 16103 | and enforce rules to administer this part and part II of chapter |
| 16104 | 408, which shall include reasonable and fair criteria governing: |
| 16105 | (g) The preparation and annual update of a comprehensive |
| 16106 | emergency management plan. The agency shall adopt rules |
| 16107 | establishing minimum criteria for the plan after consultation |
| 16108 | with the Division of Emergency Management Department of |
| 16109 | Community Affairs. At a minimum, the rules must provide for plan |
| 16110 | components that address emergency evacuation transportation; |
| 16111 | adequate sheltering arrangements; postdisaster activities, |
| 16112 | including emergency power, food, and water; postdisaster |
| 16113 | transportation; supplies; staffing; emergency equipment; |
| 16114 | individual identification of residents and transfer of records; |
| 16115 | and responding to family inquiries. The comprehensive emergency |
| 16116 | management plan is subject to review and approval by the local |
| 16117 | emergency management agency. During its review, the local |
| 16118 | emergency management agency shall ensure that the following |
| 16119 | agencies, at a minimum, are given the opportunity to review the |
| 16120 | plan: the Department of Elderly Affairs, the Agency for Persons |
| 16121 | with Disabilities, the Agency for Health Care Administration, |
| 16122 | and the Division of Emergency Management Department of Community |
| 16123 | Affairs. Also, appropriate volunteer organizations must be given |
| 16124 | the opportunity to review the plan. The local emergency |
| 16125 | management agency shall complete its review within 60 days and |
| 16126 | either approve the plan or advise the facility of necessary |
| 16127 | revisions. |
| 16128 | Section 337. Paragraph (b) of subsection (2) of section |
| 16129 | 401.245, Florida Statutes, is amended to read: |
| 16130 | 401.245 Emergency Medical Services Advisory Council.- |
| 16131 | (2) |
| 16132 | (b) Representation on the Emergency Medical Services |
| 16133 | Advisory Council shall include: two licensed physicians who are |
| 16134 | "medical directors" as defined in s. 401.23(15) or whose medical |
| 16135 | practice is closely related to emergency medical services; two |
| 16136 | emergency medical service administrators, one of whom is |
| 16137 | employed by a fire service; two certified paramedics, one of |
| 16138 | whom is employed by a fire service; two certified emergency |
| 16139 | medical technicians, one of whom is employed by a fire service; |
| 16140 | one emergency medical services educator; one emergency nurse; |
| 16141 | one hospital administrator; one representative of air ambulance |
| 16142 | services; one representative of a commercial ambulance operator; |
| 16143 | and two laypersons who are in no way connected with emergency |
| 16144 | medical services, one of whom is a representative of the |
| 16145 | elderly. Ex officio members of the advisory council from state |
| 16146 | agencies shall include, but shall not be limited to, |
| 16147 | representatives from the Department of Education, the Department |
| 16148 | of Management Services, the State Fire Marshal, the Department |
| 16149 | of Highway Safety and Motor Vehicles, the Department of |
| 16150 | Transportation, and the Division of Emergency Management |
| 16151 | Department of Community Affairs. |
| 16152 | Section 338. Subsection (5) of section 403.0752, Florida |
| 16153 | Statutes, is amended to read: |
| 16154 | 403.0752 Ecosystem management agreements.- |
| 16155 | (5) The Commissioner of Economic Opportunity Secretary of |
| 16156 | Community Affairs, the Secretary of Transportation, the |
| 16157 | Commissioner of Agriculture, the Executive Director of the Fish |
| 16158 | and Wildlife Conservation Commission, and the executive |
| 16159 | directors of the water management districts are authorized to |
| 16160 | participate in the development of ecosystem management |
| 16161 | agreements with regulated entities and other governmental |
| 16162 | agencies as necessary to effectuate the provisions of this |
| 16163 | section. Local governments are encouraged to participate in |
| 16164 | ecosystem management agreements. |
| 16165 | Section 339. Subsection (6) of section 403.0891, Florida |
| 16166 | Statutes, is amended to read: |
| 16167 | 403.0891 State, regional, and local stormwater management |
| 16168 | plans and programs.-The department, the water management |
| 16169 | districts, and local governments shall have the responsibility |
| 16170 | for the development of mutually compatible stormwater management |
| 16171 | programs. |
| 16172 | (6) The department and the Department of Economic |
| 16173 | Opportunity Community Affairs, in cooperation with local |
| 16174 | governments in the coastal zone, shall develop a model |
| 16175 | stormwater management program that could be adopted by local |
| 16176 | governments. The model program shall contain dedicated funding |
| 16177 | options, including a stormwater utility fee system based upon an |
| 16178 | equitable unit cost approach. Funding options shall be designed |
| 16179 | to generate capital to retrofit existing stormwater management |
| 16180 | systems, build new treatment systems, operate facilities, and |
| 16181 | maintain and service debt. |
| 16182 | Section 340. Paragraph (b) of subsection (3) of section |
| 16183 | 403.42, Florida Statutes, is amended to read: |
| 16184 | 403.42 Florida Clean Fuel Act.- |
| 16185 | (3) CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED; |
| 16186 | MEMBERSHIP; DUTIES AND RESPONSIBILITIES.- |
| 16187 | (b)1. The advisory board shall consist of the Commissioner |
| 16188 | of Economic Opportunity the Secretary of Community Affairs, or a |
| 16189 | designee from that department, the Secretary of Environmental |
| 16190 | Protection, or a designee from that department, the Commissioner |
| 16191 | of Education, or a designee from that department, the Secretary |
| 16192 | of Transportation, or a designee from that department, the |
| 16193 | Commissioner of Agriculture, or a designee from that the |
| 16194 | department of Agriculture and Consumer Services, the Secretary |
| 16195 | of Management Services, or a designee from that department, and |
| 16196 | a representative of each of the following, who shall be |
| 16197 | appointed by the Secretary of Environmental Protection: |
| 16198 | a. The Florida biodiesel industry. |
| 16199 | b. The Florida electric utility industry. |
| 16200 | c. The Florida natural gas industry. |
| 16201 | d. The Florida propane gas industry. |
| 16202 | e. An automobile manufacturers' association. |
| 16203 | f. A Florida Clean Cities Coalition designated by the |
| 16204 | United States Department of Energy. |
| 16205 | g. Enterprise Florida, Inc. |
| 16206 | h. EV Ready Broward. |
| 16207 | i. The Florida petroleum industry. |
| 16208 | j. The Florida League of Cities. |
| 16209 | k. The Florida Association of Counties. |
| 16210 | l. Floridians for Better Transportation. |
| 16211 | m. A motor vehicle manufacturer. |
| 16212 | n. Florida Local Environment Resource Agencies. |
| 16213 | o. Project for an Energy Efficient Florida. |
| 16214 | p. Florida Transportation Builders Association. |
| 16215 | 2. The purpose of the advisory board is to serve as a |
| 16216 | resource for the department and to provide the Governor, the |
| 16217 | Legislature, and the Secretary of Environmental Protection with |
| 16218 | private sector and other public agency perspectives on achieving |
| 16219 | the goal of increasing the use of alternative fuel vehicles in |
| 16220 | this state. |
| 16221 | 3. Members shall be appointed to serve terms of 1 year |
| 16222 | each, with reappointment at the discretion of the Secretary of |
| 16223 | Environmental Protection. Vacancies shall be filled for the |
| 16224 | remainder of the unexpired term in the same manner as the |
| 16225 | original appointment. |
| 16226 | 4. The board shall annually select a chairperson. |
| 16227 | 5.a. The board shall meet at least once each quarter or |
| 16228 | more often at the call of the chairperson or the Secretary of |
| 16229 | Environmental Protection. |
| 16230 | b. Meetings are exempt from the notice requirements of |
| 16231 | chapter 120, and sufficient notice shall be given to afford |
| 16232 | interested persons reasonable notice under the circumstances. |
| 16233 | 6. Members of the board are entitled to travel expenses |
| 16234 | while engaged in the performance of board duties. |
| 16235 | 7. The board shall terminate 5 years after the effective |
| 16236 | date of this act. |
| 16237 | Section 341. Paragraph (a) of subsection (2) of section |
| 16238 | 403.507, Florida Statutes, is amended to read: |
| 16239 | 403.507 Preliminary statements of issues, reports, project |
| 16240 | analyses, and studies.- |
| 16241 | (2)(a) No later than 100 days after the certification |
| 16242 | application has been determined complete, the following agencies |
| 16243 | shall prepare reports as provided below and shall submit them to |
| 16244 | the department and the applicant, unless a final order denying |
| 16245 | the determination of need has been issued under s. 403.519: |
| 16246 | 1. The Department of Economic Opportunity Community |
| 16247 | Affairs shall prepare a report containing recommendations which |
| 16248 | address the impact upon the public of the proposed electrical |
| 16249 | power plant, based on the degree to which the electrical power |
| 16250 | plant is consistent with the applicable portions of the state |
| 16251 | comprehensive plan, emergency management, and other such matters |
| 16252 | within its jurisdiction. The Department of Economic Opportunity |
| 16253 | Community Affairs may also comment on the consistency of the |
| 16254 | proposed electrical power plant with applicable strategic |
| 16255 | regional policy plans or local comprehensive plans and land |
| 16256 | development regulations. |
| 16257 | 2. The water management district shall prepare a report as |
| 16258 | to matters within its jurisdiction, including but not limited |
| 16259 | to, the impact of the proposed electrical power plant on water |
| 16260 | resources, regional water supply planning, and district-owned |
| 16261 | lands and works. |
| 16262 | 3. Each local government in whose jurisdiction the |
| 16263 | proposed electrical power plant is to be located shall prepare a |
| 16264 | report as to the consistency of the proposed electrical power |
| 16265 | plant with all applicable local ordinances, regulations, |
| 16266 | standards, or criteria that apply to the proposed electrical |
| 16267 | power plant, including any applicable local environmental |
| 16268 | regulations adopted pursuant to s. 403.182 or by other means. |
| 16269 | 4. The Fish and Wildlife Conservation Commission shall |
| 16270 | prepare a report as to matters within its jurisdiction. |
| 16271 | 5. Each regional planning council shall prepare a report |
| 16272 | containing recommendations that address the impact upon the |
| 16273 | public of the proposed electrical power plant, based on the |
| 16274 | degree to which the electrical power plant is consistent with |
| 16275 | the applicable provisions of the strategic regional policy plan |
| 16276 | adopted pursuant to chapter 186 and other matters within its |
| 16277 | jurisdiction. |
| 16278 | 6. The Department of Transportation shall address the |
| 16279 | impact of the proposed electrical power plant on matters within |
| 16280 | its jurisdiction. |
| 16281 | Section 342. Paragraph (a) of subsection (3) of section |
| 16282 | 403.508, Florida Statutes, is amended to read: |
| 16283 | 403.508 Land use and certification hearings, parties, |
| 16284 | participants.- |
| 16285 | (3)(a) Parties to the proceeding shall include: |
| 16286 | 1. The applicant. |
| 16287 | 2. The Public Service Commission. |
| 16288 | 3. The Department of Economic Opportunity Community |
| 16289 | Affairs. |
| 16290 | 4. The Fish and Wildlife Conservation Commission. |
| 16291 | 5. The water management district. |
| 16292 | 6. The department. |
| 16293 | 7. The regional planning council. |
| 16294 | 8. The local government. |
| 16295 | 9. The Department of Transportation. |
| 16296 | Section 343. Paragraph (b) of subsection (2) of section |
| 16297 | 403.524, Florida Statutes, is amended to read: |
| 16298 | 403.524 Applicability; certification; exemptions.- |
| 16299 | (2) Except as provided in subsection (1), construction of |
| 16300 | a transmission line may not be undertaken without first |
| 16301 | obtaining certification under this act, but this act does not |
| 16302 | apply to: |
| 16303 | (b) Transmission lines that have been exempted by a |
| 16304 | binding letter of interpretation issued under s. 380.06(4), or |
| 16305 | in which the Department of Economic Opportunity Community |
| 16306 | Affairs or its predecessor agency has determined the utility to |
| 16307 | have vested development rights within the meaning of s. |
| 16308 | 380.05(18) or s. 380.06(20). |
| 16309 | Section 344. Paragraph (a) of subsection (2) of section |
| 16310 | 403.526, Florida Statutes, is amended to read: |
| 16311 | 403.526 Preliminary statements of issues, reports, and |
| 16312 | project analyses; studies.- |
| 16313 | (2)(a) No later than 90 days after the filing of the |
| 16314 | application, the following agencies shall prepare reports as |
| 16315 | provided below, unless a final order denying the determination |
| 16316 | of need has been issued under s. 403.537: |
| 16317 | 1. The department shall prepare a report as to the impact |
| 16318 | of each proposed transmission line or corridor as it relates to |
| 16319 | matters within its jurisdiction. |
| 16320 | 2. Each water management district in the jurisdiction of |
| 16321 | which a proposed transmission line or corridor is to be located |
| 16322 | shall prepare a report as to the impact on water resources and |
| 16323 | other matters within its jurisdiction. |
| 16324 | 3. The Department of Economic Opportunity Community |
| 16325 | Affairs shall prepare a report containing recommendations which |
| 16326 | address the impact upon the public of the proposed transmission |
| 16327 | line or corridor, based on the degree to which the proposed |
| 16328 | transmission line or corridor is consistent with the applicable |
| 16329 | portions of the state comprehensive plan, emergency management, |
| 16330 | and other matters within its jurisdiction. The Department of |
| 16331 | Economic Opportunity Community Affairs may also comment on the |
| 16332 | consistency of the proposed transmission line or corridor with |
| 16333 | applicable strategic regional policy plans or local |
| 16334 | comprehensive plans and land development regulations. |
| 16335 | 4. The Fish and Wildlife Conservation Commission shall |
| 16336 | prepare a report as to the impact of each proposed transmission |
| 16337 | line or corridor on fish and wildlife resources and other |
| 16338 | matters within its jurisdiction. |
| 16339 | 5. Each local government shall prepare a report as to the |
| 16340 | impact of each proposed transmission line or corridor on matters |
| 16341 | within its jurisdiction, including the consistency of the |
| 16342 | proposed transmission line or corridor with all applicable local |
| 16343 | ordinances, regulations, standards, or criteria that apply to |
| 16344 | the proposed transmission line or corridor, including local |
| 16345 | comprehensive plans, zoning regulations, land development |
| 16346 | regulations, and any applicable local environmental regulations |
| 16347 | adopted pursuant to s. 403.182 or by other means. A change by |
| 16348 | the responsible local government or local agency in local |
| 16349 | comprehensive plans, zoning ordinances, or other regulations |
| 16350 | made after the date required for the filing of the local |
| 16351 | government's report required by this section is not applicable |
| 16352 | to the certification of the proposed transmission line or |
| 16353 | corridor unless the certification is denied or the application |
| 16354 | is withdrawn. |
| 16355 | 6. Each regional planning council shall present a report |
| 16356 | containing recommendations that address the impact upon the |
| 16357 | public of the proposed transmission line or corridor based on |
| 16358 | the degree to which the transmission line or corridor is |
| 16359 | consistent with the applicable provisions of the strategic |
| 16360 | regional policy plan adopted under chapter 186 and other impacts |
| 16361 | of each proposed transmission line or corridor on matters within |
| 16362 | its jurisdiction. |
| 16363 | 7. The Department of Transportation shall prepare a report |
| 16364 | as to the impact of the proposed transmission line or corridor |
| 16365 | on state roads, railroads, airports, aeronautics, seaports, and |
| 16366 | other matters within its jurisdiction. |
| 16367 | 8. The commission shall prepare a report containing its |
| 16368 | determination under s. 403.537, and the report may include the |
| 16369 | comments from the commission with respect to any other subject |
| 16370 | within its jurisdiction. |
| 16371 | 9. Any other agency, if requested by the department, shall |
| 16372 | also perform studies or prepare reports as to subjects within |
| 16373 | the jurisdiction of the agency which may potentially be affected |
| 16374 | by the proposed transmission line. |
| 16375 | Section 345. Paragraph (a) of subsection (2) of section |
| 16376 | 403.527, Florida Statutes, is amended to read: |
| 16377 | 403.527 Certification hearing, parties, participants.- |
| 16378 | (2)(a) Parties to the proceeding shall be: |
| 16379 | 1. The applicant. |
| 16380 | 2. The department. |
| 16381 | 3. The commission. |
| 16382 | 4. The Department of Economic Opportunity Community |
| 16383 | Affairs. |
| 16384 | 5. The Fish and Wildlife Conservation Commission. |
| 16385 | 6. The Department of Transportation. |
| 16386 | 7. Each water management district in the jurisdiction of |
| 16387 | which the proposed transmission line or corridor is to be |
| 16388 | located. |
| 16389 | 8. The local government. |
| 16390 | 9. The regional planning council. |
| 16391 | Section 346. Subsection (1) of section 403.757, Florida |
| 16392 | Statutes, is amended to read: |
| 16393 | 403.757 Coordination with other state agencies.- |
| 16394 | (1) The department shall coordinate its activities and |
| 16395 | functions under ss. 403.75-403.769 and s. 526.01, as amended by |
| 16396 | chapter 84-338, Laws of Florida, with the Department of Economic |
| 16397 | Opportunity Community Affairs and other state agencies to avoid |
| 16398 | duplication in reporting and information gathering. |
| 16399 | Section 347. Paragraph (a) of subsection (2) of section |
| 16400 | 403.941, Florida Statutes, is amended to read: |
| 16401 | 403.941 Preliminary statements of issues, reports, and |
| 16402 | studies.- |
| 16403 | (2)(a) The affected agencies shall prepare reports as |
| 16404 | provided in this paragraph and shall submit them to the |
| 16405 | department and the applicant within 60 days after the |
| 16406 | application is determined sufficient: |
| 16407 | 1. The department shall prepare a report as to the impact |
| 16408 | of each proposed natural gas transmission pipeline or corridor |
| 16409 | as it relates to matters within its jurisdiction. |
| 16410 | 2. Each water management district in the jurisdiction of |
| 16411 | which a proposed natural gas transmission pipeline or corridor |
| 16412 | is to be located shall prepare a report as to the impact on |
| 16413 | water resources and other matters within its jurisdiction. |
| 16414 | 3. The Department of Economic Opportunity Community |
| 16415 | Affairs shall prepare a report containing recommendations which |
| 16416 | address the impact upon the public of the proposed natural gas |
| 16417 | transmission pipeline or corridor, based on the degree to which |
| 16418 | the proposed natural gas transmission pipeline or corridor is |
| 16419 | consistent with the applicable portions of the state |
| 16420 | comprehensive plan and other matters within its jurisdiction. |
| 16421 | The Department of Economic Opportunity Community Affairs may |
| 16422 | also comment on the consistency of the proposed natural gas |
| 16423 | transmission pipeline or corridor with applicable strategic |
| 16424 | regional policy plans or local comprehensive plans and land |
| 16425 | development regulations. |
| 16426 | 4. The Fish and Wildlife Conservation Commission shall |
| 16427 | prepare a report as to the impact of each proposed natural gas |
| 16428 | transmission pipeline or corridor on fish and wildlife resources |
| 16429 | and other matters within its jurisdiction. |
| 16430 | 5. Each local government in which the natural gas |
| 16431 | transmission pipeline or natural gas transmission pipeline |
| 16432 | corridor will be located shall prepare a report as to the impact |
| 16433 | of each proposed natural gas transmission pipeline or corridor |
| 16434 | on matters within its jurisdiction, including the consistency of |
| 16435 | the proposed natural gas transmission pipeline or corridor with |
| 16436 | all applicable local ordinances, regulations, standards, or |
| 16437 | criteria that apply to the proposed natural gas transmission |
| 16438 | pipeline or corridor, including local comprehensive plans, |
| 16439 | zoning regulations, land development regulations, and any |
| 16440 | applicable local environmental regulations adopted pursuant to |
| 16441 | s. 403.182 or by other means. No change by the responsible local |
| 16442 | government or local agency in local comprehensive plans, zoning |
| 16443 | ordinances, or other regulations made after the date required |
| 16444 | for the filing of the local government's report required by this |
| 16445 | section shall be applicable to the certification of the proposed |
| 16446 | natural gas transmission pipeline or corridor unless the |
| 16447 | certification is denied or the application is withdrawn. |
| 16448 | 6. Each regional planning council in which the natural gas |
| 16449 | transmission pipeline or natural gas transmission pipeline |
| 16450 | corridor will be located shall present a report containing |
| 16451 | recommendations that address the impact upon the public of the |
| 16452 | proposed natural gas transmission pipeline or corridor, based on |
| 16453 | the degree to which the natural gas transmission pipeline or |
| 16454 | corridor is consistent with the applicable provisions of the |
| 16455 | strategic regional policy plan adopted pursuant to chapter 186 |
| 16456 | and other impacts of each proposed natural gas transmission |
| 16457 | pipeline or corridor on matters within its jurisdiction. |
| 16458 | 7. The Department of Transportation shall prepare a report |
| 16459 | on the effect of the natural gas transmission pipeline or |
| 16460 | natural gas transmission pipeline corridor on matters within its |
| 16461 | jurisdiction, including roadway crossings by the pipeline. The |
| 16462 | report shall contain at a minimum: |
| 16463 | a. A report by the applicant to the department stating |
| 16464 | that all requirements of the department's utilities |
| 16465 | accommodation guide have been or will be met in regard to the |
| 16466 | proposed pipeline or pipeline corridor; and |
| 16467 | b. A statement by the department as to the adequacy of the |
| 16468 | report to the department by the applicant. |
| 16469 | 8. The Department of State, Division of Historical |
| 16470 | Resources, shall prepare a report on the impact of the natural |
| 16471 | gas transmission pipeline or natural gas transmission pipeline |
| 16472 | corridor on matters within its jurisdiction. |
| 16473 | 9. The commission shall prepare a report addressing |
| 16474 | matters within its jurisdiction. The commission's report shall |
| 16475 | include its determination of need issued pursuant to s. |
| 16476 | 403.9422. |
| 16477 | Section 348. Paragraph (a) of subsection (4) of section |
| 16478 | 403.9411, Florida Statutes, is amended to read: |
| 16479 | 403.9411 Notice; proceedings; parties and participants.- |
| 16480 | (4)(a) Parties to the proceeding shall be: |
| 16481 | 1. The applicant. |
| 16482 | 2. The department. |
| 16483 | 3. The commission. |
| 16484 | 4. The Department of Economic Opportunity Community |
| 16485 | Affairs. |
| 16486 | 5. The Fish and Wildlife Conservation Commission. |
| 16487 | 6. Each water management district in the jurisdiction of |
| 16488 | which the proposed natural gas transmission pipeline or corridor |
| 16489 | is to be located. |
| 16490 | 7. The local government. |
| 16491 | 8. The regional planning council. |
| 16492 | 9. The Department of Transportation. |
| 16493 | 10. The Department of State, Division of Historical |
| 16494 | Resources. |
| 16495 | Section 349. Subsection (4) of section 403.973, Florida |
| 16496 | Statutes, is amended to read: |
| 16497 | 403.973 Expedited permitting; amendments to comprehensive |
| 16498 | plans.- |
| 16499 | (4) The regional teams shall be established through the |
| 16500 | execution of memoranda of agreement developed by the applicant |
| 16501 | and the secretary, with input solicited from the office and the |
| 16502 | respective heads of the Department of Economic Opportunity |
| 16503 | Community Affairs, the Department of Transportation and its |
| 16504 | district offices, the Department of Agriculture and Consumer |
| 16505 | Services, the Fish and Wildlife Conservation Commission, |
| 16506 | appropriate regional planning councils, appropriate water |
| 16507 | management districts, and voluntarily participating |
| 16508 | municipalities and counties. The memoranda of agreement should |
| 16509 | also accommodate participation in this expedited process by |
| 16510 | other local governments and federal agencies as circumstances |
| 16511 | warrant. |
| 16512 | Section 350. Subsection (4) of section 404.056, Florida |
| 16513 | Statutes, is amended to read: |
| 16514 | 404.056 Environmental radiation standards and projects; |
| 16515 | certification of persons performing measurement or mitigation |
| 16516 | services; mandatory testing; notification on real estate |
| 16517 | documents; rules.- |
| 16518 | (4) MANDATORY TESTING.-All public and private school |
| 16519 | buildings or school sites housing students in kindergarten |
| 16520 | through grade 12; all state-owned, state-operated, state- |
| 16521 | regulated, or state-licensed 24-hour care facilities; and all |
| 16522 | state-licensed day care centers for children or minors which are |
| 16523 | located in counties designated within the Department of Business |
| 16524 | and Professional Regulation's Community Affairs' Florida Radon |
| 16525 | Protection Map Categories as "Intermediate" or "Elevated Radon |
| 16526 | Potential" shall be measured to determine the level of indoor |
| 16527 | radon, using measurement procedures established by the |
| 16528 | department. Initial measurements shall be conducted in 20 |
| 16529 | percent of the habitable first floor spaces within any of the |
| 16530 | regulated buildings and shall be completed and reported to the |
| 16531 | department within 1 year after the date the building is opened |
| 16532 | for occupancy or within 1 year after license approval for the |
| 16533 | entity residing in the existing building. Followup testing must |
| 16534 | be completed in 5 percent of the habitable first floor spaces |
| 16535 | within any of the regulated buildings after the building has |
| 16536 | been occupied for 5 years, and results must be reported to the |
| 16537 | department by the first day of the 6th year of occupancy. After |
| 16538 | radon measurements have been made twice, regulated buildings |
| 16539 | need not undergo further testing unless significant structural |
| 16540 | changes occur. No funds collected pursuant to s. 553.721 shall |
| 16541 | be used to carry out the provisions of this subsection. |
| 16542 | Section 351. Paragraph (d) of subsection (4) of section |
| 16543 | 404.0617, Florida Statutes, is amended to read: |
| 16544 | 404.0617 Siting of commercial low-level radioactive waste |
| 16545 | management facilities.- |
| 16546 | (4) The Governor and Cabinet shall consider the following |
| 16547 | when determining whether to grant a petition for a variance from |
| 16548 | local ordinances, regulations, or plans: |
| 16549 | (d) Such studies, reports, and information as the Governor |
| 16550 | and Cabinet may request of the Department of Economic |
| 16551 | Opportunity Community Affairs addressing whether or not the |
| 16552 | proposed facility unreasonably interferes with the achievement |
| 16553 | of the goals and objectives of any adopted state or local |
| 16554 | comprehensive plan and any other matter within its jurisdiction. |
| 16555 | Section 352. Subsections (2), (3), and (4) of section |
| 16556 | 409.508, Florida Statutes, are amended to read: |
| 16557 | 409.508 Low-income home energy assistance program.- |
| 16558 | (2) The Department of Economic Opportunity Community |
| 16559 | Affairs is designated as the state agency to administer the Low- |
| 16560 | income Home Energy Assistance Act of 1981, 42 U.S.C. ss. 8621 et |
| 16561 | seq. The Department of Economic Opportunity Community Affairs is |
| 16562 | authorized to provide home energy assistance benefits to |
| 16563 | eligible households which may be in the form of cash, vouchers, |
| 16564 | certificates, or direct payments to electric or natural gas |
| 16565 | utilities or other energy suppliers and operators of low-rent, |
| 16566 | subsidized housing in behalf of eligible households. Priority |
| 16567 | shall be given to eligible households having at least one |
| 16568 | elderly or handicapped individual and to eligible households |
| 16569 | with the lowest incomes. |
| 16570 | (3) Agreements may be established between electric or |
| 16571 | natural gas utility companies, other energy suppliers, the |
| 16572 | Department of Revenue, and the Department of Economic |
| 16573 | Opportunity Community Affairs for the purpose of providing |
| 16574 | payments to energy suppliers in the form of a credit against |
| 16575 | sales and use taxes due or direct payments to energy suppliers |
| 16576 | for services rendered to low-income, eligible households. |
| 16577 | (4) The Department of Economic Opportunity Community |
| 16578 | Affairs shall adopt rules to carry out the provisions of this |
| 16579 | section act. |
| 16580 | Section 353. Subsection (2) of section 409.509, Florida |
| 16581 | Statutes, is amended to read: |
| 16582 | 409.509 Definitions; weatherization of low-income |
| 16583 | residences.-As used in this act, the term: |
| 16584 | (2) "Department" means the Department of Economic |
| 16585 | Opportunity Community Affairs. |
| 16586 | Section 354. Subsection (2) and paragraph (f) of |
| 16587 | subsection (3) of section 410.502, Florida Statutes, is amended |
| 16588 | to read: |
| 16589 | 410.502 Housing and living arrangements; special needs of |
| 16590 | the elderly; services.-The Department of Elderly Affairs shall |
| 16591 | provide services related to housing and living arrangements |
| 16592 | which meet the special needs of the elderly. Such services shall |
| 16593 | include, but not be limited to: |
| 16594 | (2) Coordinating with the Department of Economic |
| 16595 | Opportunity Community Affairs to gather and maintain data on |
| 16596 | living arrangements which meet the special needs of the elderly |
| 16597 | and to disseminate such information to the public. Such |
| 16598 | information shall include types of facilities, cost of care, |
| 16599 | services provided, and possible sources of help in meeting the |
| 16600 | cost of care for indigent individuals. |
| 16601 | (3) Promoting, through the Department of Elderly Affairs |
| 16602 | staff activities and area agencies on aging, the development of |
| 16603 | a variety of living arrangements through public and private |
| 16604 | auspices to meet the various needs and desires of the elderly, |
| 16605 | including, but not limited to: |
| 16606 | (f) Retirement communities for independent communal |
| 16607 | living, to be developed in conjunction with the Department of |
| 16608 | Economic Opportunity Community Affairs. |
| 16609 |
|
| 16610 | Demonstration projects must be used advisedly to test the extent |
| 16611 | to which these and other innovative housing and living |
| 16612 | arrangements do meet the basic and special needs of the elderly. |
| 16613 | Section 355. Subsection (2) of section 418.12, Florida |
| 16614 | Statutes, is amended to read: |
| 16615 | 418.12 Duties and functions of Division of Recreation and |
| 16616 | Parks.-Among its functions, the Division of Recreation and Parks |
| 16617 | of the Department of Environmental Protection shall: |
| 16618 | (2) Provide consultation assistance to the Department of |
| 16619 | Economic Opportunity Community Affairs and to local governing |
| 16620 | units as to the promotion, organization, and administration of |
| 16621 | local recreation systems and as to the planning and design of |
| 16622 | local recreation areas and facilities; |
| 16623 | Section 356. Paragraph (e) of subsection (3) and |
| 16624 | subsection (4) of section 420.0003, Florida Statutes, are |
| 16625 | amended to read: |
| 16626 | 420.0003 State housing strategy.- |
| 16627 | (3) POLICIES.- |
| 16628 | (e) Housing production or rehabilitation programs.-New |
| 16629 | programs for housing production or rehabilitation shall be |
| 16630 | developed in accordance with the following general guidelines as |
| 16631 | appropriate for the purpose of the specific program: |
| 16632 | 1. State and local governments shall provide incentives to |
| 16633 | encourage the private sector to be the primary delivery vehicle |
| 16634 | for the development of affordable housing. |
| 16635 | 2. State funds should be heavily leveraged to achieve the |
| 16636 | maximum local and private commitment of funds while achieving |
| 16637 | the program objectives. |
| 16638 | 3. To the maximum extent possible, state funds should be |
| 16639 | expended to provide housing units rather than to support program |
| 16640 | administration. |
| 16641 | 4. State money should be used, when possible, as loans |
| 16642 | rather than grants. |
| 16643 | 5. State funds should be available only to local |
| 16644 | governments that provide incentives or financial assistance for |
| 16645 | housing. |
| 16646 | 6. State funds should be made available only for projects |
| 16647 | which are consistent with the local government comprehensive |
| 16648 | plan. |
| 16649 | 7. State funding for housing should not be made available |
| 16650 | to local governments whose comprehensive plans have been found |
| 16651 | not in compliance with chapter 163 and who have not entered into |
| 16652 | a stipulated settlement agreement with the Department of |
| 16653 | Economic Opportunity the Department of Community Affairs to |
| 16654 | bring the plan into compliance. |
| 16655 | 8. Mixed income projects should be encouraged, to avoid a |
| 16656 | concentration of low-income residents in one area or project. |
| 16657 | 9. Distribution of state housing funds should be flexible |
| 16658 | and consider the regional and local needs, resources, and |
| 16659 | capabilities of housing producers. |
| 16660 | 10. Income levels used to determine program eligibility |
| 16661 | should be adjusted for family size in determining the |
| 16662 | eligibility of specific beneficiaries. |
| 16663 | 11. To the maximum extent possible, state-owned lands that |
| 16664 | are appropriate for the development of affordable housing shall |
| 16665 | be made available for that purpose. |
| 16666 | (4) IMPLEMENTATION.-The Department of Economic Opportunity |
| 16667 | The Department of Community Affairs and the Florida Housing |
| 16668 | Finance Corporation in carrying out the strategy articulated |
| 16669 | herein shall have the following duties: |
| 16670 | (a) The fiscal resources of the Department of Economic |
| 16671 | Opportunity the Department of Community Affairs shall be |
| 16672 | directed to achieve the following programmatic objectives: |
| 16673 | 1. Effective technical assistance and capacity-building |
| 16674 | programs shall be established at the state and local levels. |
| 16675 | 2. The Shimberg Center for Affordable Housing at the |
| 16676 | University of Florida shall develop and maintain statewide data |
| 16677 | on housing needs and production, provide technical assistance |
| 16678 | relating to real estate development and finance, operate an |
| 16679 | information clearinghouse on housing programs, and coordinate |
| 16680 | state housing initiatives with local government and federal |
| 16681 | programs. |
| 16682 | (b) The agency strategic plan of the Department of |
| 16683 | Economic Opportunity the Department of Community Affairs shall |
| 16684 | include specific goals, objectives, and strategies that |
| 16685 | implement the housing policies in this section and shall include |
| 16686 | the strategic plan for housing production prepared by the |
| 16687 | corporation pursuant to s. 420.511. |
| 16688 | (c) The Shimberg Center for Affordable Housing, in |
| 16689 | consultation with the Department of Economic Opportunity the |
| 16690 | Department of Community Affairs and the Florida Housing Finance |
| 16691 | Corporation, shall review and evaluate existing housing |
| 16692 | rehabilitation, production, and finance programs to determine |
| 16693 | their consistency with relevant policies in this section and |
| 16694 | identify the needs of specific populations, including, but not |
| 16695 | limited to, elderly and handicapped persons, and shall recommend |
| 16696 | statutory modifications where appropriate. The Shimberg Center |
| 16697 | for Affordable Housing, in consultation with the Department of |
| 16698 | Economic Opportunity the Department of Community Affairs and the |
| 16699 | corporation, shall also evaluate the degree of coordination |
| 16700 | between state housing programs, and between state, federal, and |
| 16701 | local housing activities, and shall recommend improved program |
| 16702 | linkages. The recommendations required above and a report of any |
| 16703 | programmatic modifications made as a result of these policies |
| 16704 | shall be included in the housing report required by s. 420.6075, |
| 16705 | beginning December 31, 1991, and every 5 years thereafter. |
| 16706 | (d) The department and the corporation are anticipated to |
| 16707 | conform the administrative rules for each housing program to the |
| 16708 | policies stated in this section, provided that such changes in |
| 16709 | the rules are consistent with the statutory intent or |
| 16710 | requirements for the program. This authority applies only to |
| 16711 | programs offering loans, grants, or tax credits and only to the |
| 16712 | extent that state policies are consistent with applicable |
| 16713 | federal requirements. |
| 16714 | Section 357. Subsection (6) of section 420.0004, Florida |
| 16715 | Statutes, is amended to read: |
| 16716 | 420.0004 Definitions.-As used in this part, unless the |
| 16717 | context otherwise indicates: |
| 16718 | (6) "Department" means the Department of Economic |
| 16719 | Opportunity the Department of Community Affairs. |
| 16720 | Section 358. Section 420.0005, Florida Statutes, is |
| 16721 | amended to read: |
| 16722 | 420.0005 State Housing Trust Fund; State Housing Fund.- |
| 16723 | There is hereby established in the State Treasury a separate |
| 16724 | trust fund to be named the "State Housing Trust Fund." There |
| 16725 | shall be deposited in the fund all moneys appropriated by the |
| 16726 | Legislature, or moneys received from any other source, for the |
| 16727 | purpose of this chapter, and all proceeds derived from the use |
| 16728 | of such moneys. The fund shall be administered by the Florida |
| 16729 | Housing Finance Corporation on behalf of the department, as |
| 16730 | specified in this chapter. Money deposited to the fund and |
| 16731 | appropriated by the Legislature must, notwithstanding the |
| 16732 | provisions of chapter 216 or s. 420.504(3), be transferred |
| 16733 | quarterly in advance, to the extent available, or, if not so |
| 16734 | available, as soon as received into the State Housing Trust |
| 16735 | Fund, and subject to the provisions of s. 420.5092(6)(a) and (b) |
| 16736 | by the Chief Financial Officer to the corporation upon |
| 16737 | certification by the Commissioner of Economic Opportunity |
| 16738 | Secretary of Community Affairs that the corporation is in |
| 16739 | compliance with the requirements of s. 420.0006. The |
| 16740 | certification made by the secretary shall also include the split |
| 16741 | of funds among programs administered by the corporation and the |
| 16742 | department as specified in chapter 92-317, Laws of Florida, as |
| 16743 | amended. Moneys advanced by the Chief Financial Officer must be |
| 16744 | deposited by the corporation into a separate fund established |
| 16745 | with a qualified public depository meeting the requirements of |
| 16746 | chapter 280 to be named the "State Housing Fund" and used for |
| 16747 | the purposes of this chapter. Administrative and personnel costs |
| 16748 | incurred in implementing this chapter may be paid from the State |
| 16749 | Housing Fund, but such costs may not exceed 5 percent of the |
| 16750 | moneys deposited into such fund. To the State Housing Fund shall |
| 16751 | be credited all loan repayments, penalties, and other fees and |
| 16752 | charges accruing to such fund under this chapter. It is the |
| 16753 | intent of this chapter that all loan repayments, penalties, and |
| 16754 | other fees and charges collected be credited in full to the |
| 16755 | program account from which the loan originated. Moneys in the |
| 16756 | State Housing Fund which are not currently needed for the |
| 16757 | purposes of this chapter shall be invested in such manner as is |
| 16758 | provided for by statute. The interest received on any such |
| 16759 | investment shall be credited to the State Housing Fund. |
| 16760 | Section 359. Paragraph (d) of subsection (1) of section |
| 16761 | 420.101, Florida Statutes, is amended to read: |
| 16762 | 420.101 Housing Development Corporation of Florida; |
| 16763 | creation, membership, and purposes.- |
| 16764 | (1) Twenty-five or more persons, a majority of whom shall |
| 16765 | be residents of this state, who may desire to create a housing |
| 16766 | development corporation under the provisions of this part for |
| 16767 | the purpose of promoting and developing housing and advancing |
| 16768 | the prosperity and economic welfare of the state and, to that |
| 16769 | end, to exercise the powers and privileges hereinafter provided, |
| 16770 | may be incorporated by filing in the Department of State, as |
| 16771 | hereinafter provided, articles of incorporation. The articles of |
| 16772 | incorporation shall contain: |
| 16773 | (d) The names and post office addresses of the members of |
| 16774 | the first board of directors. The first board of directors shall |
| 16775 | be elected by and from the stockholders of the corporation and |
| 16776 | shall consist of 21 members. However, five of such members shall |
| 16777 | consist of the following persons, who shall be nonvoting |
| 16778 | members: the secretary of the Department of Economic Opportunity |
| 16779 | Community Affairs or her or his designee; the head of the |
| 16780 | Department of Financial Services or her or his designee with |
| 16781 | expertise in banking matters; a designee of the head of the |
| 16782 | Department of Financial Services with expertise in insurance |
| 16783 | matters; one state senator appointed by the President of the |
| 16784 | Senate; and one representative appointed by the Speaker of the |
| 16785 | House of Representatives. |
| 16786 | Section 360. Subsection (8) of section 420.111, Florida |
| 16787 | Statutes, is amended to read: |
| 16788 | 420.111 Housing Development Corporation of Florida; |
| 16789 | additional powers.-In furtherance of its purposes and in |
| 16790 | addition to the powers now or hereafter conferred on business |
| 16791 | corporations by chapter 607, the corporation shall, subject to |
| 16792 | the restrictions and limitations herein contained, have the |
| 16793 | following powers: |
| 16794 | (8) To cooperate with, and avail itself of the facilities |
| 16795 | of, the United States Department of Housing and Urban |
| 16796 | Development, the Department of Economic Opportunity Community |
| 16797 | Affairs, and any other similar local, state, or Federal |
| 16798 | Government agency; and to cooperate with and assist, and |
| 16799 | otherwise encourage, organizations in the various communities of |
| 16800 | the state on the promotion, assistance, and development of the |
| 16801 | housing and economic welfare of such communities or of this |
| 16802 | state or any part thereof. |
| 16803 | Section 361. Section 420.36, Florida Statutes, is amended |
| 16804 | to read: |
| 16805 | 420.36 Low-income Emergency Home Repair Program.-There is |
| 16806 | established within the Department of Economic Opportunity |
| 16807 | Community Affairs the Low-income Emergency Home Repair Program |
| 16808 | to assist low-income persons, especially the elderly and |
| 16809 | physically disabled, in making emergency repairs which directly |
| 16810 | affect their health and safety. |
| 16811 | (1) As used in this section, the term: |
| 16812 | (a) "Grantee" means a local public or private nonprofit |
| 16813 | agency currently receiving funds from the department to conduct |
| 16814 | a weatherization assistance program in one or more counties or a |
| 16815 | public or nonprofit agency chosen as outlined in subparagraph |
| 16816 | (4)(c)4. |
| 16817 | (b) "Subgrantee" means a local public or private nonprofit |
| 16818 | agency experienced in weatherization, emergency repairs, or |
| 16819 | rehabilitation of housing. |
| 16820 | (2) A person is eligible to receive assistance if that |
| 16821 | person has an income in relation to that person's family size |
| 16822 | which is at or below 125 percent of the poverty level as |
| 16823 | specified annually in the federal Office of Management and |
| 16824 | Budget Poverty Guidelines. Eligible persons over 60 years of age |
| 16825 | and eligible persons who are physically disabled shall be given |
| 16826 | priority in the program. |
| 16827 | (3)(a) Allowable repairs, including materials and labor, |
| 16828 | which may be charged under the program include: |
| 16829 | 1. Correcting deficiencies in support beams, load-bearing |
| 16830 | walls, and floor joists. |
| 16831 | 2. Repair or replacement of unsafe or nonfunctional space |
| 16832 | heating or water heating systems. |
| 16833 | 3. Egress or physically disabled accessibility repairs, |
| 16834 | improvements, or assistive devices, including wheelchair ramps, |
| 16835 | steps, porches, handrails, or other health and safety measures. |
| 16836 | 4. Plumbing, pump, well, and line repairs to ensure safe |
| 16837 | drinking water and sanitary sewage. |
| 16838 | 5. Electrical repairs. |
| 16839 | 6. Repairs to deteriorating walls, floors, and roofs. |
| 16840 | 7. Other interior and exterior repairs as necessary for |
| 16841 | the health and safety of the resident. |
| 16842 | (b) Administrative expenses may not exceed 10 percent of |
| 16843 | the total grant funds. |
| 16844 | (c) Each grantee shall be required to provide an in-kind |
| 16845 | or cash match of at least 20 percent of the funds granted. |
| 16846 | Grantees and subgrantees shall be encouraged to use community |
| 16847 | resources to provide such match, including family, church, and |
| 16848 | neighborhood volunteers and materials provided by local groups |
| 16849 | and businesses. Grantees shall coordinate with local governments |
| 16850 | through their community development block grant entitlement |
| 16851 | programs and other housing programs, local housing partnerships, |
| 16852 | and agencies under contract to a lead agency for the provisions |
| 16853 | of services under the Community Care for the Elderly Act, ss. |
| 16854 | 430.201-430.207. |
| 16855 | (4)(a) Funds appropriated to the department for the |
| 16856 | program shall be deposited in the Energy Consumption Trust Fund. |
| 16857 | Administrative and personnel costs incurred by the department in |
| 16858 | implementing the provisions of this section may be paid from the |
| 16859 | fund. |
| 16860 | (b) The grantee may subgrant these funds to a subgrantee |
| 16861 | if the grantee is unable to serve all of the county or the |
| 16862 | target population. Grantee and subgrantee eligibility shall be |
| 16863 | determined by the department. |
| 16864 | (c) Funds shall be distributed to grantees and subgrantees |
| 16865 | as follows: |
| 16866 | 1. For each county, a base amount of at least $3,000 shall |
| 16867 | be set aside from the total funds available, and such amount |
| 16868 | shall be deducted from the total amount appropriated by the |
| 16869 | Legislature. |
| 16870 | 2. The balance of the funds appropriated by the |
| 16871 | Legislature shall be divided by the total poverty population of |
| 16872 | the state, and this quotient shall be multiplied by each |
| 16873 | county's share of the poverty population. That amount plus the |
| 16874 | base of at least $3,000 shall constitute each county's share. A |
| 16875 | grantee which serves more than one county shall receive the base |
| 16876 | amount plus the poverty population share for each county to be |
| 16877 | served. Contracts with grantees may be renewed annually. |
| 16878 | 3. The funds allocated to each county shall be offered |
| 16879 | first to an existing weatherization assistance program grantee |
| 16880 | in good standing, as determined by the department, that can |
| 16881 | provide services to the target population of low-income persons, |
| 16882 | low-income elderly persons, and low-income physically disabled |
| 16883 | persons throughout the county. |
| 16884 | 4. If a weatherization assistance program grantee is not |
| 16885 | available to serve the entire county area, the funds shall be |
| 16886 | distributed through the following process: |
| 16887 | a. An announcement of funding availability shall be |
| 16888 | provided to the county. The county may elect to administer the |
| 16889 | program. |
| 16890 | b. If the county elects not to administer the program, the |
| 16891 | department shall establish rules to address the selection of one |
| 16892 | or more public or private not-for-profit agencies that are |
| 16893 | experienced in weatherization, rehabilitation, or emergency |
| 16894 | repair to administer the program. |
| 16895 | 5. If no eligible agency agrees to serve a county, the |
| 16896 | funds for that county shall be distributed to grantees having |
| 16897 | the best performance record as determined by department rule. At |
| 16898 | the end of the contract year, any uncontracted or unexpended |
| 16899 | funds shall be returned to the Energy Consumption Trust Fund and |
| 16900 | reallocated under the next year's contracting cycle. |
| 16901 | (5) The department may perform all actions appropriate and |
| 16902 | necessary to carry out the purposes of this section, including, |
| 16903 | but not limited to: |
| 16904 | (a) Entering into contracts and agreements with the |
| 16905 | Federal Government, agencies of the state, local governments, or |
| 16906 | any person, association, corporation, or entity. |
| 16907 | (b) Seeking and accepting funding from any public or |
| 16908 | private source. |
| 16909 | (c) Adopting and enforcing rules consistent with this |
| 16910 | section. |
| 16911 | Section 362. Subsections (1) and (2) of section 420.424, |
| 16912 | Florida Statutes, are amended, and subsections (3) through (7) |
| 16913 | of that section are redesignated as subsections (2) through (6), |
| 16914 | to read: |
| 16915 | 420.424 Definitions.-As used in ss. 420.421-420.429: |
| 16916 | (1) "Department" means the Department of Economic |
| 16917 | Opportunity Community Affairs. |
| 16918 | (2) "Secretary" means the Secretary of Community Affairs. |
| 16919 | Section 363. Subsection (12) of section 420.503, Florida |
| 16920 | Statutes, is amended to read: |
| 16921 | 420.503 Definitions.-As used in this part, the term: |
| 16922 | (12) "Department" means the Department of Economic |
| 16923 | Opportunity the Department of Community Affairs. |
| 16924 | Section 364. Subsections (1) and (3) of section 420.504, |
| 16925 | Florida Statutes, are amended to read: |
| 16926 | 420.504 Public corporation; creation, membership, terms, |
| 16927 | expenses.- |
| 16928 | (1) There is created within the Department of Economic |
| 16929 | Opportunity the Department of Community Affairs a public |
| 16930 | corporation and a public body corporate and politic, to be known |
| 16931 | as the "Florida Housing Finance Corporation." It is declared to |
| 16932 | be the intent of and constitutional construction by the |
| 16933 | Legislature that the Florida Housing Finance Corporation |
| 16934 | constitutes an entrepreneurial public corporation organized to |
| 16935 | provide and promote the public welfare by administering the |
| 16936 | governmental function of financing or refinancing housing and |
| 16937 | related facilities in Florida and that the corporation is not a |
| 16938 | department of the executive branch of state government within |
| 16939 | the scope and meaning of s. 6, Art. IV of the State |
| 16940 | Constitution, but is functionally related to the Department of |
| 16941 | Economic Opportunity the Department of Community Affairs in |
| 16942 | which it is placed. The executive function of state government |
| 16943 | to be performed by the Commissioner of Economic Opportunity |
| 16944 | secretary of the department in the conduct of the business of |
| 16945 | the Florida Housing Finance Corporation must be performed |
| 16946 | pursuant to a contract to monitor and set performance standards |
| 16947 | for the implementation of the business plan for the provision of |
| 16948 | housing approved for the corporation as provided in s. 420.0006. |
| 16949 | This contract shall include the performance standards for the |
| 16950 | provision of affordable housing in Florida established in the |
| 16951 | business plan described in s. 420.511. |
| 16952 | (3) The corporation is a separate budget entity and is not |
| 16953 | subject to control, supervision, or direction by the Department |
| 16954 | of Economic Opportunity the Department of Community Affairs in |
| 16955 | any manner, including, but not limited to, personnel, |
| 16956 | purchasing, transactions involving real or personal property, |
| 16957 | and budgetary matters. The corporation shall consist of a board |
| 16958 | of directors composed of the Commissioner of Economic |
| 16959 | Opportunity Secretary of Community Affairs as an ex officio and |
| 16960 | voting member and eight members appointed by the Governor |
| 16961 | subject to confirmation by the Senate from the following: |
| 16962 | (a) One citizen actively engaged in the residential home |
| 16963 | building industry. |
| 16964 | (b) One citizen actively engaged in the banking or |
| 16965 | mortgage banking industry. |
| 16966 | (c) One citizen who is a representative of those areas of |
| 16967 | labor engaged in home building. |
| 16968 | (d) One citizen with experience in housing development who |
| 16969 | is an advocate for low-income persons. |
| 16970 | (e) One citizen actively engaged in the commercial |
| 16971 | building industry. |
| 16972 | (f) One citizen who is a former local government elected |
| 16973 | official. |
| 16974 | (g) Two citizens of the state who are not principally |
| 16975 | employed as members or representatives of any of the groups |
| 16976 | specified in paragraphs (a)-(f). |
| 16977 | Section 365. Section 420.506, Florida Statutes, is amended |
| 16978 | to read: |
| 16979 | 420.506 Executive director; agents and employees.-The |
| 16980 | appointment and removal of an executive director shall be by the |
| 16981 | Commissioner of Economic Opportunity Secretary of Community |
| 16982 | Affairs, with the advice and consent of the corporation's board |
| 16983 | of directors. The executive director shall employ legal and |
| 16984 | technical experts and such other agents and employees, permanent |
| 16985 | and temporary, as the corporation may require, and shall |
| 16986 | communicate with and provide information to the Legislature with |
| 16987 | respect to the corporation's activities. The board is |
| 16988 | authorized, notwithstanding the provisions of s. 216.262, to |
| 16989 | develop and implement rules regarding the employment of |
| 16990 | employees of the corporation and service providers, including |
| 16991 | legal counsel. The board of directors of the corporation is |
| 16992 | entitled to establish travel procedures and guidelines for |
| 16993 | employees of the corporation. The executive director's office |
| 16994 | and the corporation's files and records must be located in Leon |
| 16995 | County. |
| 16996 | Section 366. Paragraph (e) of subsection (12) of section |
| 16997 | 420.5095, Florida Statutes, is amended to read: |
| 16998 | 420.5095 Community Workforce Housing Innovation Pilot |
| 16999 | Program.- |
| 17000 | (12) All eligible applications shall: |
| 17001 | (e) Demonstrate how the applicant will use the regulatory |
| 17002 | incentives and financial strategies outlined in subsection (8) |
| 17003 | from the local jurisdiction in which the proposed project is to |
| 17004 | be located. The corporation may consult with the Department of |
| 17005 | Economic Opportunity the Department of Community Affairs in |
| 17006 | evaluating the use of regulatory incentives by applicants. |
| 17007 | Section 367. Subsections (4) through (10) of section |
| 17008 | 420.602, Florida Statutes, are amended, and a new subsection (4) |
| 17009 | is added to that section, to read: |
| 17010 | 420.602 Definitions.-As used in this part, the following |
| 17011 | terms shall have the following meanings, unless the context |
| 17012 | otherwise requires: |
| 17013 | (4) "Commissioner" means the commissioner of Economic |
| 17014 | Opportunity. |
| 17015 | (5)(4) "Community-based organization" means a private |
| 17016 | corporation organized under chapter 617 to assist in the |
| 17017 | provision of housing and related services on a not-for-profit |
| 17018 | basis within a designated area, including a municipality, |
| 17019 | county, or area of more than one municipality or county. |
| 17020 | (6)(5) "Corporation" means the Florida Housing Finance |
| 17021 | Corporation as created in s. 420.504. |
| 17022 | (7)(6) "Department" means the Department of Economic |
| 17023 | Opportunity the Department of Community Affairs. |
| 17024 | (8)(7) "Fund" means the Florida Affordable Housing Trust |
| 17025 | Fund as created in this part. |
| 17026 | (9)(8) "Low-income persons" means one or more natural |
| 17027 | persons or a family, the total annual adjusted gross household |
| 17028 | income of which does not exceed 80 percent of the median annual |
| 17029 | adjusted gross income for households within the state, or 80 |
| 17030 | percent of the median annual adjusted gross income for |
| 17031 | households within the metropolitan statistical area (MSA) or, if |
| 17032 | not within an MSA, within the county in which the person or |
| 17033 | family resides, whichever is greater. |
| 17034 | (10)(9) "Moderate-income persons" means one or more |
| 17035 | natural persons or a family, the total annual adjusted gross |
| 17036 | household income of which is less than 120 percent of the median |
| 17037 | annual adjusted gross income for households within the state, or |
| 17038 | 120 percent of the median annual adjusted gross income for |
| 17039 | households within the metropolitan statistical area (MSA) or, if |
| 17040 | not within an MSA, within the county in which the household is |
| 17041 | located, whichever is greater. |
| 17042 | (10) "Secretary" means the Secretary of Community Affairs. |
| 17043 | Section 368. Subsections (3) and (4) of section 420.606, |
| 17044 | Florida Statutes, are amended to read: |
| 17045 | 420.606 Training and technical assistance program.- |
| 17046 | (3) TRAINING AND TECHNICAL ASSISTANCE PROGRAM.-The |
| 17047 | Department of Economic Opportunity Community Affairs shall be |
| 17048 | responsible for securing the necessary expertise to provide |
| 17049 | training and technical assistance to staff of local governments, |
| 17050 | to staff of state agencies, as appropriate, and to community- |
| 17051 | based organizations, and to persons forming such organizations, |
| 17052 | which are formed for the purpose of developing new housing and |
| 17053 | rehabilitating existing housing which is affordable for very- |
| 17054 | low-income persons, low-income persons, and moderate-income |
| 17055 | persons. |
| 17056 | (a) The training component of the program shall be |
| 17057 | designed to build the housing development capacity of community- |
| 17058 | based organizations and local governments as a permanent |
| 17059 | resource for the benefit of communities in this state. |
| 17060 | 1. The scope of training shall include, but not be limited |
| 17061 | to, real estate development skills related to affordable |
| 17062 | housing, including the construction process and property |
| 17063 | management and disposition, the development of public-private |
| 17064 | partnerships to reduce housing costs, model housing projects, |
| 17065 | and management and board responsibilities of community-based |
| 17066 | organizations. |
| 17067 | 2. Training activities may include, but are not limited |
| 17068 | to, materials for self-instruction, workshops, seminars, |
| 17069 | internships, coursework, and special programs developed in |
| 17070 | conjunction with state universities and community colleges. |
| 17071 | (b) The technical assistance component of the program |
| 17072 | shall be designed to assist applicants for state-administered |
| 17073 | programs in developing applications and in expediting project |
| 17074 | implementation. Technical assistance activities for the staffs |
| 17075 | of community-based organizations and local governments who are |
| 17076 | directly involved in the production of affordable housing may |
| 17077 | include, but are not limited to, workshops for program |
| 17078 | applicants, onsite visits, guidance in achieving project |
| 17079 | completion, and a newsletter to community-based organizations |
| 17080 | and local governments. |
| 17081 | (4) POWERS.-The Department of Economic Opportunity |
| 17082 | Community Affairs may do all things necessary or appropriate to |
| 17083 | carry out the purposes of this section, including exercising the |
| 17084 | power to: |
| 17085 | (a) Enter into contracts and agreements with the Federal |
| 17086 | Government or with other agencies of the state, with local |
| 17087 | governments, or with any other person, association, corporation, |
| 17088 | or entity; |
| 17089 | (b) Seek and accept funding from any public or private |
| 17090 | source; and |
| 17091 | (c) Adopt and enforce rules consistent with this section. |
| 17092 | Section 369. Subsection (5) of section 420.609, Florida |
| 17093 | Statutes, is amended to read: |
| 17094 | 420.609 Affordable Housing Study Commission.-Because the |
| 17095 | Legislature firmly supports affordable housing in Florida for |
| 17096 | all economic classes: |
| 17097 | (5) The commission shall review, evaluate, and make |
| 17098 | recommendations regarding existing and proposed housing programs |
| 17099 | and initiatives. The commission shall provide these and any |
| 17100 | other housing recommendations to the commissioner secretary of |
| 17101 | the Department of Community Affairs and the executive director |
| 17102 | of the corporation. |
| 17103 | Section 370. Subsection (2) of section 420.622, Florida |
| 17104 | Statutes, is amended to read: |
| 17105 | 420.622 State Office on Homelessness; Council on |
| 17106 | Homelessness.- |
| 17107 | (2) The Council on Homelessness is created to consist of a |
| 17108 | 17-member council of public and private agency representatives |
| 17109 | who shall develop policy and advise the State Office on |
| 17110 | Homelessness. The council members shall be: the Secretary of |
| 17111 | Children and Family Services, or his or her designee; the |
| 17112 | Commissioner of Economic Opportunity Secretary of Community |
| 17113 | Affairs, or his or her designee, to advise the council on issues |
| 17114 | related to rural development; the State Surgeon General, or his |
| 17115 | or her designee; the Executive Director of Veterans' Affairs, or |
| 17116 | his or her designee; the Secretary of Corrections, or his or her |
| 17117 | designee; the Secretary of Health Care Administration, or his or |
| 17118 | her designee; the Commissioner of Education, or his or her |
| 17119 | designee; the Director of Workforce Florida, Inc., or his or her |
| 17120 | designee; one representative of the Florida Association of |
| 17121 | Counties; one representative from the Florida League of Cities; |
| 17122 | one representative of the Florida Supportive Housing Coalition; |
| 17123 | the Executive Director of the Florida Housing Finance |
| 17124 | Corporation, or his or her designee; one representative of the |
| 17125 | Florida Coalition for the Homeless; and four members appointed |
| 17126 | by the Governor. The council members shall be volunteer, nonpaid |
| 17127 | persons and shall be reimbursed for travel expenses only. The |
| 17128 | appointed members of the council shall be appointed to staggered |
| 17129 | 2-year terms, and the council shall meet at least four times per |
| 17130 | year. The importance of minority, gender, and geographic |
| 17131 | representation must be considered when appointing members to the |
| 17132 | council. |
| 17133 | Section 371. Subsections (8) and (9) of section 420.631, |
| 17134 | Florida Statutes, are renumbered as subsections (7) and (8), |
| 17135 | respectively, and present subsections (2) and (7) of that |
| 17136 | section are amended to read: |
| 17137 | 420.631 Definitions relating to Urban Homesteading Act.-As |
| 17138 | used in ss. 420.630-420.635: |
| 17139 | (2) "Department" means the Department of Economic |
| 17140 | Opportunity the Department of Community Affairs. |
| 17141 | (7) "Office" means the Office of Urban Opportunity within |
| 17142 | the Department of Community Affairs. |
| 17143 | Section 372. Section 420.635, Florida Statutes, is amended |
| 17144 | to read: |
| 17145 | 420.635 Loans to qualified buyers.-Contingent upon an |
| 17146 | appropriation, the department, in consultation with the Office |
| 17147 | of Urban Opportunity, shall provide loans to qualified buyers |
| 17148 | who are required to pay the pro rata portion of the bonded debt |
| 17149 | on single-family housing pursuant to s. 420.634. Loans provided |
| 17150 | under this section shall be made at a rate of interest which |
| 17151 | does not exceed the qualified loan rate. A buyer must maintain |
| 17152 | the qualifications specified in s. 420.633 for the full term of |
| 17153 | the loan. The loan agreement may contain additional terms and |
| 17154 | conditions as determined by the department. |
| 17155 | Section 373. Section 421.001, Florida Statutes, is amended |
| 17156 | to read: |
| 17157 | 421.001 State role in housing and urban development.-The |
| 17158 | role of state government required by part I of chapter 421 |
| 17159 | (Housing Authorities Law), chapter 422 (Housing Cooperation |
| 17160 | Law), and chapter 423 (Tax Exemption of Housing Authorities) is |
| 17161 | the responsibility of the Department of Economic Opportunity |
| 17162 | Community Affairs; and the department is the agency of state |
| 17163 | government responsible for the state's role in housing and urban |
| 17164 | development. |
| 17165 | Section 374. Section 422.001, Florida Statutes, is amended |
| 17166 | to read: |
| 17167 | 422.001 State role in housing and urban development.-The |
| 17168 | role of state government required by part I of chapter 421 |
| 17169 | (Housing Authorities Law), chapter 422 (Housing Cooperation |
| 17170 | Law), and chapter 423 (Tax Exemption of Housing Authorities) is |
| 17171 | the responsibility of the Department of Economic Opportunity |
| 17172 | Community Affairs; and the department is the agency of state |
| 17173 | government responsible for the state's role in housing and urban |
| 17174 | development. |
| 17175 | Section 375. Section 423.001, Florida Statutes, is amended |
| 17176 | to read: |
| 17177 | 423.001 State role in housing and urban development.-The |
| 17178 | role of state government required by part I of chapter 421 |
| 17179 | (Housing Authorities Law), chapter 422 (Housing Cooperation |
| 17180 | Law), and chapter 423 (Tax Exemption of Housing Authorities) is |
| 17181 | the responsibility of the Department of Economic Opportunity |
| 17182 | Community Affairs; and the department is the agency of state |
| 17183 | government responsible for the state's role in housing and urban |
| 17184 | development. |
| 17185 | Section 376. Paragraph (b) of subsection (1) of section |
| 17186 | 429.41, Florida Statutes, is amended to read: |
| 17187 | 429.41 Rules establishing standards.- |
| 17188 | (1) It is the intent of the Legislature that rules |
| 17189 | published and enforced pursuant to this section shall include |
| 17190 | criteria by which a reasonable and consistent quality of |
| 17191 | resident care and quality of life may be ensured and the results |
| 17192 | of such resident care may be demonstrated. Such rules shall also |
| 17193 | ensure a safe and sanitary environment that is residential and |
| 17194 | noninstitutional in design or nature. It is further intended |
| 17195 | that reasonable efforts be made to accommodate the needs and |
| 17196 | preferences of residents to enhance the quality of life in a |
| 17197 | facility. The agency, in consultation with the department, may |
| 17198 | adopt rules to administer the requirements of part II of chapter |
| 17199 | 408. In order to provide safe and sanitary facilities and the |
| 17200 | highest quality of resident care accommodating the needs and |
| 17201 | preferences of residents, the department, in consultation with |
| 17202 | the agency, the Department of Children and Family Services, and |
| 17203 | the Department of Health, shall adopt rules, policies, and |
| 17204 | procedures to administer this part, which must include |
| 17205 | reasonable and fair minimum standards in relation to: |
| 17206 | (b) The preparation and annual update of a comprehensive |
| 17207 | emergency management plan. Such standards must be included in |
| 17208 | the rules adopted by the department after consultation with the |
| 17209 | Department of Economic Opportunity Community Affairs. At a |
| 17210 | minimum, the rules must provide for plan components that address |
| 17211 | emergency evacuation transportation; adequate sheltering |
| 17212 | arrangements; postdisaster activities, including provision of |
| 17213 | emergency power, food, and water; postdisaster transportation; |
| 17214 | supplies; staffing; emergency equipment; individual |
| 17215 | identification of residents and transfer of records; |
| 17216 | communication with families; and responses to family inquiries. |
| 17217 | The comprehensive emergency management plan is subject to review |
| 17218 | and approval by the local emergency management agency. During |
| 17219 | its review, the local emergency management agency shall ensure |
| 17220 | that the following agencies, at a minimum, are given the |
| 17221 | opportunity to review the plan: the Department of Elderly |
| 17222 | Affairs, the Department of Health, the Agency for Health Care |
| 17223 | Administration, and the Department of Economic Opportunity |
| 17224 | Community Affairs. Also, appropriate volunteer organizations |
| 17225 | must be given the opportunity to review the plan. The local |
| 17226 | emergency management agency shall complete its review within 60 |
| 17227 | days and either approve the plan or advise the facility of |
| 17228 | necessary revisions. |
| 17229 | Section 377. Paragraph (g) of subsection (1) of section |
| 17230 | 429.929, Florida Statutes, is amended to read: |
| 17231 | 429.929 Rules establishing standards.- |
| 17232 | (1) The agency, in consultation with the department, may |
| 17233 | adopt rules to administer the requirements of part II of chapter |
| 17234 | 408. The Department of Elderly Affairs, in conjunction with the |
| 17235 | agency, shall adopt rules to implement the provisions of this |
| 17236 | part. The rules must include reasonable and fair standards. Any |
| 17237 | conflict between these standards and those that may be set forth |
| 17238 | in local, county, or municipal ordinances shall be resolved in |
| 17239 | favor of those having statewide effect. Such standards must |
| 17240 | relate to: |
| 17241 | (g) Components of a comprehensive emergency management |
| 17242 | plan, developed in consultation with the Department of Health, |
| 17243 | the Agency for Health Care Administration, and the Division of |
| 17244 | Emergency Management Department of Community Affairs. |
| 17245 | Section 378. Section 450.261, Florida Statutes, is amended |
| 17246 | to read: |
| 17247 | 450.261 Interstate Migrant Labor Commission; Florida |
| 17248 | membership.-In selecting the Florida membership of the |
| 17249 | Interstate Migrant Labor Commission, the Governor may designate |
| 17250 | the secretary of the Department of Economic Opportunity |
| 17251 | Community Affairs as his or her representative. The two |
| 17252 | legislative members shall be chosen from among the members of |
| 17253 | the Legislative Commission on Migrant Labor, and at least one of |
| 17254 | the two members appointed by the Governor shall be chosen from |
| 17255 | among the members of the advisory committee to that commission. |
| 17256 | Section 379. Subsection (21) of section 489.103, Florida |
| 17257 | Statutes, is amended to read: |
| 17258 | 489.103 Exemptions.-This part does not apply to: |
| 17259 | (21) The sale, delivery, assembly, or tie-down of lawn |
| 17260 | storage buildings and storage buildings not exceeding 400 square |
| 17261 | feet and bearing the insignia of approval from the Florida |
| 17262 | Building Commission Department of Community Affairs showing |
| 17263 | compliance with the Florida Building Code. |
| 17264 | Section 380. Subsection (3) of section 489.109, Florida |
| 17265 | Statutes, is amended to read: |
| 17266 | 489.109 Fees.- |
| 17267 | (3) In addition to the fees provided in subsection (1) for |
| 17268 | application and renewal for certification and registration, all |
| 17269 | certificateholders and registrants must pay a fee of $4 to the |
| 17270 | department at the time of application or renewal. The funds must |
| 17271 | be transferred at the end of each licensing period to the |
| 17272 | department of Community Affairs to fund projects relating to the |
| 17273 | building construction industry or continuing education programs |
| 17274 | offered to persons engaged in the building construction industry |
| 17275 | in Florida, to be selected by the Florida Building Commission. |
| 17276 | The board shall, at the time the funds are transferred, advise |
| 17277 | the department of Community Affairs on the most needed areas of |
| 17278 | research or continuing education based on significant changes in |
| 17279 | the industry's practices or on changes in the state building |
| 17280 | code or on the most common types of consumer complaints or on |
| 17281 | problems costing the state or local governmental entities |
| 17282 | substantial waste. The board's advice is not binding on the |
| 17283 | department of Community Affairs. The department of Community |
| 17284 | Affairs shall ensure the distribution of research reports and |
| 17285 | the availability of continuing education programs to all |
| 17286 | segments of the building construction industry to which they |
| 17287 | relate. The department of Community Affairs shall report to the |
| 17288 | board in October of each year, summarizing the allocation of the |
| 17289 | funds by institution and summarizing the new projects funded and |
| 17290 | the status of previously funded projects. |
| 17291 | Section 381. Subsection (3) of section 489.509, Florida |
| 17292 | Statutes, is amended to read: |
| 17293 | 489.509 Fees.- |
| 17294 | (3) Four dollars of each fee under subsection (1) paid to |
| 17295 | the department at the time of application or renewal shall be |
| 17296 | transferred at the end of each licensing period to the |
| 17297 | department of Community Affairs to fund projects relating to the |
| 17298 | building construction industry or continuing education programs |
| 17299 | offered to persons engaged in the building construction industry |
| 17300 | in Florida. The board shall, at the time the funds are |
| 17301 | transferred, advise the department of Community Affairs on the |
| 17302 | most needed areas of research or continuing education based on |
| 17303 | significant changes in the industry's practices or on the most |
| 17304 | common types of consumer complaints or on problems costing the |
| 17305 | state or local governmental entities substantial waste. The |
| 17306 | board's advice is not binding on the department of Community |
| 17307 | Affairs. The department of Community Affairs shall ensure the |
| 17308 | distribution of research reports and the availability of |
| 17309 | continuing education programs to all segments of the building |
| 17310 | construction industry to which they relate. The department of |
| 17311 | Community Affairs shall report to the board in October of each |
| 17312 | year, summarizing the allocation of the funds by institution and |
| 17313 | summarizing the new projects funded and the status of previously |
| 17314 | funded projects. |
| 17315 | Section 382. Subsection (2) of section 497.271, Florida |
| 17316 | Statutes, is amended to read: |
| 17317 | 497.271 Standards for construction and significant |
| 17318 | alteration or renovation of mausoleums and columbaria.- |
| 17319 | (2) The licensing authority shall adopt, by no later than |
| 17320 | July 1, 1999, rules establishing minimum standards for all newly |
| 17321 | constructed and significantly altered or renovated mausoleums |
| 17322 | and columbaria; however, in the case of significant alterations |
| 17323 | or renovations to existing structures, the rules shall apply |
| 17324 | only, when physically feasible, to the newly altered or |
| 17325 | renovated portion of such structures, except as specified in |
| 17326 | subsection (4). In developing and adopting such rules, the |
| 17327 | licensing authority may define different classes of structures |
| 17328 | or construction standards, and may provide for different rules |
| 17329 | to apply to each of said classes, if the designation of classes |
| 17330 | and the application of different rules is in the public interest |
| 17331 | and is supported by findings by the licensing authority based on |
| 17332 | evidence of industry practices, economic and physical |
| 17333 | feasibility, location, or intended uses; provided, that the |
| 17334 | rules shall provide minimum standards applicable to all |
| 17335 | construction. For example, and without limiting the generality |
| 17336 | of the foregoing, the licensing authority may determine that a |
| 17337 | small single-story ground level mausoleum does not require the |
| 17338 | same level of construction standards that a large multistory |
| 17339 | mausoleum might require; or that a mausoleum located in a low- |
| 17340 | lying area subject to frequent flooding or hurricane threats |
| 17341 | might require different standards than one located on high |
| 17342 | ground in an area not subject to frequent severe weather |
| 17343 | threats. The licensing authority shall develop the rules in |
| 17344 | cooperation with, and with technical assistance from, the |
| 17345 | Florida Building Commission of the Department of Community |
| 17346 | Affairs, to ensure that the rules are in the proper form and |
| 17347 | content to be included as part of the Florida Building Code |
| 17348 | under part IV of chapter 553. If the Florida Building Commission |
| 17349 | advises that some of the standards proposed by the licensing |
| 17350 | authority are not appropriate for inclusion in such building |
| 17351 | codes, the licensing authority may choose to include those |
| 17352 | standards in a distinct chapter of its rules entitled "Non- |
| 17353 | Building-Code Standards for Mausoleums" or "Additional Standards |
| 17354 | for Mausoleums," or other terminology to that effect. If the |
| 17355 | licensing authority elects to divide the standards into two or |
| 17356 | more chapters, all such rules shall be binding on licensees and |
| 17357 | others subject to the jurisdiction of the licensing authority, |
| 17358 | but only the chapter containing provisions appropriate for |
| 17359 | building codes shall be transmitted to the Florida Building |
| 17360 | Commission pursuant to subsection (3). Such rules may be in the |
| 17361 | form of standards for design and construction; methods, |
| 17362 | materials, and specifications for construction; or other |
| 17363 | mechanisms. Such rules shall encompass, at a minimum, the |
| 17364 | following standards: |
| 17365 | (a) No structure may be built or significantly altered for |
| 17366 | use for interment, entombment, or inurnment purposes unless |
| 17367 | constructed of such material and workmanship as will ensure its |
| 17368 | durability and permanence, as well as the safety, convenience, |
| 17369 | comfort, and health of the community in which it is located, as |
| 17370 | dictated and determined at the time by modern mausoleum |
| 17371 | construction and engineering science. |
| 17372 | (b) Such structure must be so arranged that the exterior |
| 17373 | of any vault, niche, or crypt may be readily examined at any |
| 17374 | time by any person authorized by law to do so. |
| 17375 | (c) Such structure must contain adequate provision for |
| 17376 | drainage and ventilation. Private or family mausoleums with all |
| 17377 | crypts bordering an exterior wall must contain pressure relief |
| 17378 | ventilation from the crypts to the outside of the mausoleum |
| 17379 | through the exterior wall or roof. |
| 17380 | (d) Such structure must be of fire-resistant construction. |
| 17381 | Notwithstanding the requirements of s. 553.895 and chapter 633, |
| 17382 | any mausoleum or columbarium constructed of noncombustible |
| 17383 | materials, as defined in the Standard Building Code, shall not |
| 17384 | require a sprinkler system. |
| 17385 | (e) Such structure must be resistant to hurricane and |
| 17386 | other storm damage to the highest degree provided under |
| 17387 | applicable building codes for buildings of that class. |
| 17388 | (f) Suitable provisions must be made for securely and |
| 17389 | permanently sealing each crypt with durable materials after the |
| 17390 | interment or entombment of human remains, so that no effluvia or |
| 17391 | odors may escape therefrom except as provided by design and |
| 17392 | sanitary engineering standards. Panels for permanent seals must |
| 17393 | be solid and constructed of materials of sufficient weight, |
| 17394 | permanence, density, imperviousness, and strength as to ensure |
| 17395 | their durability and continued functioning. Permanent crypt |
| 17396 | sealing panels must be securely installed and set in with high |
| 17397 | quality fire-resistant, resilient, and durable materials after |
| 17398 | the interment or entombment of human remains. The outer or |
| 17399 | exposed covering of each crypt must be of a durable, permanent, |
| 17400 | fire-resistant material; however, plastic, fiberglass, and wood |
| 17401 | are not acceptable materials for such outer or exposed |
| 17402 | coverings. |
| 17403 | (g) Interior and exterior fastenings for hangers, clips, |
| 17404 | doors, and other objects must be of copper, copper-base alloy, |
| 17405 | aluminum, or stainless steel of adequate gauges, or other |
| 17406 | materials established by rule which provide equivalent or better |
| 17407 | strength and durability, and must be properly installed. |
| 17408 | Section 383. Paragraph (a) of subsection (1) of section |
| 17409 | 526.144, Florida Statutes, is amended to read: |
| 17410 | 526.144 Florida Disaster Motor Fuel Supplier Program.- |
| 17411 | (1)(a) There is created the Florida Disaster Motor Fuel |
| 17412 | Supplier Program within the Division of Emergency Management |
| 17413 | Department of Community Affairs. |
| 17414 | Section 384. Subsection (7) of section 553.36, Florida |
| 17415 | Statutes, is amended to read: |
| 17416 | 553.36 Definitions.-The definitions contained in this |
| 17417 | section govern the construction of this part unless the context |
| 17418 | otherwise requires. |
| 17419 | (7) "Department" means the Department of Business and |
| 17420 | Professional Regulation Community Affairs. |
| 17421 | Section 385. Section 553.382, Florida Statutes, is amended |
| 17422 | to read: |
| 17423 | 553.382 Placement of certain housing.-Notwithstanding any |
| 17424 | other law or ordinance to the contrary, in order to expand the |
| 17425 | availability of affordable housing in this state, any |
| 17426 | residential manufactured building that is certified under this |
| 17427 | chapter by the department of Community Affairs may be placed on |
| 17428 | a mobile home lot in a mobile home park, recreational vehicle |
| 17429 | park, or mobile home condominium, cooperative, or subdivision. |
| 17430 | Any such housing unit placed on a mobile home lot is a mobile |
| 17431 | home for purposes of chapter 723 and, therefore, all rights, |
| 17432 | obligations, and duties under chapter 723 apply, including the |
| 17433 | specifics of the prospectus. However, a housing unit subject to |
| 17434 | this section may not be placed on a mobile home lot without the |
| 17435 | prior written approval of the park owner. Each housing unit |
| 17436 | subject to this section shall be taxed as a mobile home under s. |
| 17437 | 320.08(11) and is subject to payments to the Florida Mobile Home |
| 17438 | Relocation Fund under s. 723.06116. |
| 17439 | Section 386. Subsection (2) of section 553.512, Florida |
| 17440 | Statutes, is amended to read: |
| 17441 | 553.512 Modifications and waivers; advisory council.- |
| 17442 | (2) The Accessibility Advisory Council shall consist of |
| 17443 | the following seven members, who shall be knowledgeable in the |
| 17444 | area of accessibility for persons with disabilities. The |
| 17445 | commissioner of Economic Opportunity Secretary of Community |
| 17446 | Affairs shall appoint the following: a representative from the |
| 17447 | Advocacy Center for Persons with Disabilities, Inc.; a |
| 17448 | representative from the Division of Blind Services; a |
| 17449 | representative from the Division of Vocational Rehabilitation; a |
| 17450 | representative from a statewide organization representing the |
| 17451 | physically handicapped; a representative from the hearing |
| 17452 | impaired; a representative from the President, Florida Council |
| 17453 | of Handicapped Organizations; and a representative of the |
| 17454 | Paralyzed Veterans of America. The terms for the first three |
| 17455 | council members appointed subsequent to October 1, 1991, shall |
| 17456 | be for 4 years, the terms for the next two council members |
| 17457 | appointed shall be for 3 years, and the terms for the next two |
| 17458 | members shall be for 2 years. Thereafter, all council member |
| 17459 | appointments shall be for terms of 4 years. No council member |
| 17460 | shall serve more than two 4-year terms subsequent to October 1, |
| 17461 | 1991. Any member of the council may be replaced by the secretary |
| 17462 | upon three unexcused absences. Upon application made in the form |
| 17463 | provided, an individual waiver or modification may be granted by |
| 17464 | the commission so long as such modification or waiver is not in |
| 17465 | conflict with more stringent standards provided in another |
| 17466 | chapter. |
| 17467 | Section 387. Section 553.71, Florida Statutes, is amended |
| 17468 | to read: |
| 17469 | 553.71 Definitions.-As used in this part, the term: |
| 17470 | (1) "Commission" means the Florida Building Commission |
| 17471 | created by this part. |
| 17472 | (2) "Department" means the Department of Business and |
| 17473 | Professional Regulation Community Affairs. |
| 17474 | (3)(4) "Housing code" means any code or rule intending |
| 17475 | postconstruction regulation of structures which would include, |
| 17476 | but not be limited to: standards of maintenance, condition of |
| 17477 | facilities, condition of systems and components, living |
| 17478 | conditions, occupancy, use, and room sizes. |
| 17479 | (4)(8) "Load management control device" means any device |
| 17480 | installed by any electric utility or its contractors which |
| 17481 | temporarily interrupts electric service to major appliances, |
| 17482 | motors, or other electrical systems contained within the |
| 17483 | buildings or on the premises of consumers for the purpose of |
| 17484 | reducing the utility's system demand as needed in order to |
| 17485 | prevent curtailment of electric service in whole or in part to |
| 17486 | consumers and thereby maintain the quality of service to |
| 17487 | consumers, provided the device is in compliance with a program |
| 17488 | approved by the Florida Public Service Commission. |
| 17489 | (5) "Local enforcement agency" means an agency of local |
| 17490 | government, a local school board, a community college board of |
| 17491 | trustees, or a university board of trustees in the State |
| 17492 | University System with jurisdiction to make inspections of |
| 17493 | buildings and to enforce the codes which establish standards for |
| 17494 | design, construction, erection, alteration, repair, |
| 17495 | modification, or demolition of public or private buildings, |
| 17496 | structures, or facilities. |
| 17497 | (6)(10) "Prototype building" means a building constructed |
| 17498 | in accordance with architectural or engineering plans intended |
| 17499 | for replication on various sites and which will be updated to |
| 17500 | comply with the Florida Building Code and applicable laws |
| 17501 | relating to firesafety, health and sanitation, casualty safety, |
| 17502 | and requirements for persons with disabilities which are in |
| 17503 | effect at the time a construction contract is to be awarded. |
| 17504 | (7)(6) "Secretary" means the Secretary of Business and |
| 17505 | Professional Regulation Community Affairs. |
| 17506 | (8)(9) "Special inspector" means a licensed architect or |
| 17507 | registered engineer who is certified under chapter 471 or |
| 17508 | chapter 481 to conduct inspections of threshold buildings. |
| 17509 | (9)(3) "State enforcement agency" means the agency of |
| 17510 | state government with authority to make inspections of buildings |
| 17511 | and to enforce the codes, as required by this part, which |
| 17512 | establish standards for design, construction, erection, |
| 17513 | alteration, repair, modification, or demolition of public or |
| 17514 | private buildings, structures, or facilities. |
| 17515 | (10)(11) "Temporary" includes, but is not limited to, |
| 17516 | buildings identified by, but not designated as permanent |
| 17517 | structures on, an approved development order. |
| 17518 | (11)(7) "Threshold building" means any building which is |
| 17519 | greater than three stories or 50 feet in height, or which has an |
| 17520 | assembly occupancy classification as defined in the Florida |
| 17521 | Building Code which exceeds 5,000 square feet in area and an |
| 17522 | occupant content of greater than 500 persons. |
| 17523 | Section 388. Section 553.721, Florida Statutes, is amended |
| 17524 | to read: |
| 17525 | 553.721 Surcharge.-In order for the Department of Business |
| 17526 | and Professional Regulation Community Affairs to administer and |
| 17527 | carry out the purposes of this part and related activities, |
| 17528 | there is hereby created a surcharge, to be assessed at the rate |
| 17529 | of 1.5 percent of the permit fees associated with enforcement of |
| 17530 | the Florida Building Code as defined by the uniform account |
| 17531 | criteria and specifically the uniform account code for building |
| 17532 | permits adopted for local government financial reporting |
| 17533 | pursuant to s. 218.32. The minimum amount collected on any |
| 17534 | permit issued shall be $2. The unit of government responsible |
| 17535 | for collecting a permit fee pursuant to s. 125.56(4) or s. |
| 17536 | 166.201 shall collect such surcharge and electronically remit |
| 17537 | the funds collected to the department on a quarterly calendar |
| 17538 | basis beginning not later than December 31, 2010, for the |
| 17539 | preceding quarter, and continuing each third month thereafter, |
| 17540 | and such unit of government shall retain 10 percent of the |
| 17541 | surcharge collected to fund the participation of building |
| 17542 | departments in the national and state building code adoption |
| 17543 | processes and to provide education related to enforcement of the |
| 17544 | Florida Building Code. All funds remitted to the department |
| 17545 | pursuant to this section shall be deposited in the Professional |
| 17546 | Regulation Trust Fund Operating Trust Fund. Funds collected from |
| 17547 | such surcharge shall be used exclusively for the duties of the |
| 17548 | Florida Building Commission and the Department of Business and |
| 17549 | Professional Regulation Community Affairs under this chapter and |
| 17550 | shall not be used to fund research on techniques for mitigation |
| 17551 | of radon in existing buildings. Funds used by the department as |
| 17552 | well as funds to be transferred to the Department of Health |
| 17553 | shall be as prescribed in the annual General Appropriations Act. |
| 17554 | The department shall adopt rules governing the collection and |
| 17555 | remittance of surcharges in accordance with chapter 120. |
| 17556 | Section 389. Subsection (1) of section 553.74, Florida |
| 17557 | Statutes, is amended to read: |
| 17558 | 553.74 Florida Building Commission.- |
| 17559 | (1) The Florida Building Commission is created and shall |
| 17560 | be located within the Department of Business and Professional |
| 17561 | Regulation Community Affairs for administrative purposes. |
| 17562 | Members shall be appointed by the Governor subject to |
| 17563 | confirmation by the Senate. The commission shall be composed of |
| 17564 | 25 members, consisting of the following: |
| 17565 | (a) One architect registered to practice in this state and |
| 17566 | actively engaged in the profession. The American Institute of |
| 17567 | Architects, Florida Section, is encouraged to recommend a list |
| 17568 | of candidates for consideration. |
| 17569 | (b) One structural engineer registered to practice in this |
| 17570 | state and actively engaged in the profession. The Florida |
| 17571 | Engineering Society is encouraged to recommend a list of |
| 17572 | candidates for consideration. |
| 17573 | (c) One air-conditioning or mechanical contractor |
| 17574 | certified to do business in this state and actively engaged in |
| 17575 | the profession. The Florida Air Conditioning Contractors |
| 17576 | Association, the Florida Refrigeration and Air Conditioning |
| 17577 | Contractors Association, and the Mechanical Contractors |
| 17578 | Association of Florida are encouraged to recommend a list of |
| 17579 | candidates for consideration. |
| 17580 | (d) One electrical contractor certified to do business in |
| 17581 | this state and actively engaged in the profession. The Florida |
| 17582 | Electrical Contractors Association and the National Electrical |
| 17583 | Contractors Association, Florida Chapter, are encouraged to |
| 17584 | recommend a list of candidates for consideration. |
| 17585 | (e) One member from fire protection engineering or |
| 17586 | technology who is actively engaged in the profession. The |
| 17587 | Florida Chapter of the Society of Fire Protection Engineers and |
| 17588 | the Florida Fire Marshals and Inspectors Association are |
| 17589 | encouraged to recommend a list of candidates for consideration. |
| 17590 | (f) One general contractor certified to do business in |
| 17591 | this state and actively engaged in the profession. The |
| 17592 | Associated Builders and Contractors of Florida, the Florida |
| 17593 | Associated General Contractors Council, and the Union |
| 17594 | Contractors Association are encouraged to recommend a list of |
| 17595 | candidates for consideration. |
| 17596 | (g) One plumbing contractor licensed to do business in |
| 17597 | this state and actively engaged in the profession. The Florida |
| 17598 | Association of Plumbing, Heating, and Cooling Contractors is |
| 17599 | encouraged to recommend a list of candidates for consideration. |
| 17600 | (h) One roofing or sheet metal contractor certified to do |
| 17601 | business in this state and actively engaged in the profession. |
| 17602 | The Florida Roofing, Sheet Metal, and Air Conditioning |
| 17603 | Contractors Association and the Sheet Metal and Air Conditioning |
| 17604 | Contractors National Association are encouraged to recommend a |
| 17605 | list of candidates for consideration. |
| 17606 | (i) One residential contractor licensed to do business in |
| 17607 | this state and actively engaged in the profession. The Florida |
| 17608 | Home Builders Association is encouraged to recommend a list of |
| 17609 | candidates for consideration. |
| 17610 | (j) Three members who are municipal or district codes |
| 17611 | enforcement officials, one of whom is also a fire official. The |
| 17612 | Building Officials Association of Florida and the Florida Fire |
| 17613 | Marshals and Inspectors Association are encouraged to recommend |
| 17614 | a list of candidates for consideration. |
| 17615 | (k) One member who represents the Department of Financial |
| 17616 | Services. |
| 17617 | (l) One member who is a county codes enforcement official. |
| 17618 | The Building Officials Association of Florida is encouraged to |
| 17619 | recommend a list of candidates for consideration. |
| 17620 | (m) One member of a Florida-based organization of persons |
| 17621 | with disabilities or a nationally chartered organization of |
| 17622 | persons with disabilities with chapters in this state. |
| 17623 | (n) One member of the manufactured buildings industry who |
| 17624 | is licensed to do business in this state and is actively engaged |
| 17625 | in the industry. The Florida Manufactured Housing Association is |
| 17626 | encouraged to recommend a list of candidates for consideration. |
| 17627 | (o) One mechanical or electrical engineer registered to |
| 17628 | practice in this state and actively engaged in the profession. |
| 17629 | The Florida Engineering Society is encouraged to recommend a |
| 17630 | list of candidates for consideration. |
| 17631 | (p) One member who is a representative of a municipality |
| 17632 | or a charter county. The Florida League of Cities and the |
| 17633 | Florida Association of Counties are encouraged to recommend a |
| 17634 | list of candidates for consideration. |
| 17635 | (q) One member of the building products manufacturing |
| 17636 | industry who is authorized to do business in this state and is |
| 17637 | actively engaged in the industry. The Florida Building Material |
| 17638 | Association, the Florida Concrete and Products Association, and |
| 17639 | the Fenestration Manufacturers Association are encouraged to |
| 17640 | recommend a list of candidates for consideration. |
| 17641 | (r) One member who is a representative of the building |
| 17642 | owners and managers industry who is actively engaged in |
| 17643 | commercial building ownership or management. The Building Owners |
| 17644 | and Managers Association is encouraged to recommend a list of |
| 17645 | candidates for consideration. |
| 17646 | (s) One member who is a representative of the insurance |
| 17647 | industry. The Florida Insurance Council is encouraged to |
| 17648 | recommend a list of candidates for consideration. |
| 17649 | (t) One member who is a representative of public |
| 17650 | education. |
| 17651 | (u) One member who is a swimming pool contractor licensed |
| 17652 | to do business in this state and actively engaged in the |
| 17653 | profession. The Florida Swimming Pool Association and the United |
| 17654 | Pool and Spa Association are encouraged to recommend a list of |
| 17655 | candidates for consideration. |
| 17656 | (v) One member who is a representative of the green |
| 17657 | building industry and who is a third-party commission agent, a |
| 17658 | Florida board member of the United States Green Building Council |
| 17659 | or Green Building Initiative, or a LEED-accredited professional. |
| 17660 | (w) One member who shall be the chair. |
| 17661 |
|
| 17662 | Any person serving on the commission under paragraph (c) or |
| 17663 | paragraph (h) on October 1, 2003, and who has served less than |
| 17664 | two full terms is eligible for reappointment to the commission |
| 17665 | regardless of whether he or she meets the new qualification. |
| 17666 | Section 390. Subsections (2) and (5) of section 553.841, |
| 17667 | Florida Statutes, are amended to read: |
| 17668 | 553.841 Building code compliance and mitigation program.- |
| 17669 | (2) The Department of Business and Professional Regulation |
| 17670 | Community Affairs shall administer a program, designated as the |
| 17671 | Florida Building Code Compliance and Mitigation Program, to |
| 17672 | develop, coordinate, and maintain education and outreach to |
| 17673 | persons required to comply with the Florida Building Code and |
| 17674 | ensure consistent education, training, and communication of the |
| 17675 | code's requirements, including, but not limited to, methods for |
| 17676 | mitigation of storm-related damage. The program shall also |
| 17677 | operate a clearinghouse through which design, construction, and |
| 17678 | building code enforcement licensees, suppliers, and consumers in |
| 17679 | this state may find others in order to exchange information |
| 17680 | relating to mitigation and facilitate repairs in the aftermath |
| 17681 | of a natural disaster. |
| 17682 | (5) Each biennium, upon receipt of funds by the Department |
| 17683 | of Business and Professional Regulation Community Affairs from |
| 17684 | the Construction Industry Licensing Board and the Electrical |
| 17685 | Contractors' Licensing Board provided under ss. 489.109(3) and |
| 17686 | 489.509(3), the department shall determine the amount of funds |
| 17687 | available for the Florida Building Code Compliance and |
| 17688 | Mitigation Program. |
| 17689 | Section 391. Subsections (2) and (3) of section 553.896, |
| 17690 | Florida Statutes, are amended to read: |
| 17691 | 553.896 Mitigation grant program guideline.- |
| 17692 | (2) Beginning with grant funds approved after July 1, |
| 17693 | 2005, the construction of new or retrofitted window or door |
| 17694 | coverings that is funded by a hazard-mitigation grant program or |
| 17695 | shelter-retrofit program must conform to design drawings that |
| 17696 | are signed, sealed, and inspected by a structural engineer who |
| 17697 | is registered in this state. Before the Division of Emergency |
| 17698 | Management Department of Community Affairs forwards payment to a |
| 17699 | recipient of the grant, an inspection report and attestation or |
| 17700 | a copy of the signed and sealed plans shall be provided to the |
| 17701 | department. |
| 17702 | (3) If the construction is funded by a hazard mitigation |
| 17703 | grant or shelter retrofit program, the Division of Emergency |
| 17704 | Management Department of Community Affairs shall advise the |
| 17705 | county, municipality, or other entity applying for the grant |
| 17706 | that the cost or price of the project is not the sole criterion |
| 17707 | for selecting a vendor. |
| 17708 | Section 392. Section 553.901, Florida Statutes, is amended |
| 17709 | to read: |
| 17710 | 553.901 Purpose of thermal efficiency code.-The Department |
| 17711 | of Economic Opportunity Community Affairs shall prepare a |
| 17712 | thermal efficiency code to provide for a statewide uniform |
| 17713 | standard for energy efficiency in the thermal design and |
| 17714 | operation of all buildings statewide, consistent with energy |
| 17715 | conservation goals, and to best provide for public safety, |
| 17716 | health, and general welfare. The Florida Building Commission |
| 17717 | shall adopt the Florida Energy Efficiency Code for Building |
| 17718 | Construction within the Florida Building Code, and shall modify, |
| 17719 | revise, update, and maintain the code to implement the |
| 17720 | provisions of this thermal efficiency code and amendments |
| 17721 | thereto, in accordance with the procedures of chapter 120. The |
| 17722 | department shall, at least triennially, determine the most cost- |
| 17723 | effective energy-saving equipment and techniques available and |
| 17724 | report its determinations to the commission, which shall update |
| 17725 | the code to incorporate such equipment and techniques. The |
| 17726 | proposed changes shall be made available for public review and |
| 17727 | comment no later than 6 months prior to code implementation. The |
| 17728 | term "cost-effective," for the purposes of this part, shall be |
| 17729 | construed to mean cost-effective to the consumer. |
| 17730 | Section 393. Section 553.9085, Florida Statutes, is |
| 17731 | amended to read: |
| 17732 | 553.9085 Energy performance disclosure for residential |
| 17733 | buildings.-The energy performance level resulting from |
| 17734 | compliance with the provisions of this part, for each new |
| 17735 | residential building, shall be disclosed at the request of the |
| 17736 | prospective purchaser. In conjunction with the normal |
| 17737 | responsibilities and duties of this part, the local building |
| 17738 | official shall require that a complete and accurate energy |
| 17739 | performance level display card be completed and certified by the |
| 17740 | builder as accurate and correct before final approval of the |
| 17741 | building for occupancy. The energy performance level display |
| 17742 | card shall be included as an addendum to each sales contract. |
| 17743 | The display card shall be uniform statewide and developed by the |
| 17744 | Department of Economic Opportunity Community Affairs. At a |
| 17745 | minimum, the display card shall list information indicating the |
| 17746 | energy performance level of the dwelling unit resulting from |
| 17747 | compliance with the code, shall be signed by the builder, and |
| 17748 | shall list general information about the energy performance |
| 17749 | level and the code. |
| 17750 | Section 394. Section 553.954, Florida Statutes, is amended |
| 17751 | to read: |
| 17752 | 553.954 Adoption of standards.-The Department of Economic |
| 17753 | Opportunity Community Affairs shall adopt, modify, revise, |
| 17754 | update, and maintain the Florida Energy Conservation Standards |
| 17755 | to implement the provisions of this part and amendments thereto |
| 17756 | in accordance with the procedures of chapter 120. |
| 17757 | Section 395. Subsection (6) of section 553.955, Florida |
| 17758 | Statutes, is amended to read: |
| 17759 | 553.955 Definitions.-For purposes of this part: |
| 17760 | (6) "Department" means the Department of Economic |
| 17761 | Opportunity Community Affairs. |
| 17762 | Section 396. Subsection (1) of section 553.973, Florida |
| 17763 | Statutes, is amended to read: |
| 17764 | 553.973 Enforcement and penalties.- |
| 17765 | (1) The department of Community Affairs shall investigate |
| 17766 | any complaints received concerning violations of this part and |
| 17767 | shall report the results of its investigation to the Attorney |
| 17768 | General or state attorney. The Attorney General or state |
| 17769 | attorney may institute proceedings to enjoin any person found to |
| 17770 | be violating the provisions of this part. |
| 17771 | Section 397. Section 553.992, Florida Statutes, is amended |
| 17772 | to read: |
| 17773 | 553.992 Adoption of rating system.-The Department of |
| 17774 | Economic Opportunity Community Affairs shall adopt, update, and |
| 17775 | maintain a statewide uniform building energy-efficiency rating |
| 17776 | system to implement the provisions of this part and amendments |
| 17777 | thereto in accordance with the procedures of chapter 120 and |
| 17778 | shall, upon the request of any builder, designer, rater, or |
| 17779 | owner of a building, issue nonbinding interpretations, |
| 17780 | clarifications, and opinions concerning the application and use |
| 17781 | of the building energy rating system under rules that the |
| 17782 | department adopts in accordance with chapter 120. |
| 17783 | Section 398. Subsection (4) of section 553.995, Florida |
| 17784 | Statutes, is amended to read: |
| 17785 | 553.995 Energy-efficiency ratings for buildings.- |
| 17786 | (4) The department shall develop a training and |
| 17787 | certification program to certify raters. In addition to the |
| 17788 | department, ratings may be conducted by any local government or |
| 17789 | private entity, provided that the appropriate persons have |
| 17790 | completed the necessary training and have been certified by the |
| 17791 | department. The Department of Management Services shall rate |
| 17792 | state-owned or state-leased buildings, provided that the |
| 17793 | appropriate persons have completed the necessary training and |
| 17794 | have been certified by the Department of Economic Opportunity |
| 17795 | Community Affairs. A state agency which has building |
| 17796 | construction regulation authority may rate its own buildings and |
| 17797 | those it is responsible for, if the appropriate persons have |
| 17798 | completed the necessary training and have been certified by the |
| 17799 | Department of Economic Opportunity Community Affairs. The |
| 17800 | Department of Economic Opportunity Community Affairs may charge |
| 17801 | a fee not to exceed the costs for the training and certification |
| 17802 | of raters. The department shall by rule set the appropriate |
| 17803 | charges for raters to charge for energy ratings, not to exceed |
| 17804 | the actual costs. |
| 17805 | Section 399. Subsection (10) of section 570.71, Florida |
| 17806 | Statutes, is amended to read: |
| 17807 | 570.71 Conservation easements and agreements.- |
| 17808 | (10) The department, in consultation with the Department |
| 17809 | of Environmental Protection, the water management districts, the |
| 17810 | Department of Economic Opportunity Community Affairs, and the |
| 17811 | Florida Fish and Wildlife Conservation Commission, shall adopt |
| 17812 | rules that establish an application process, a process and |
| 17813 | criteria for setting priorities for use of funds consistent with |
| 17814 | the purposes specified in subsection (1) and giving preference |
| 17815 | to ranch and timber lands managed using sustainable practices, |
| 17816 | an appraisal process, and a process for title review and |
| 17817 | compliance and approval of the rules by the Board of Trustees of |
| 17818 | the Internal Improvement Trust Fund. |
| 17819 | Section 400. Subsection (2) of section 604.006, Florida |
| 17820 | Statutes, is amended to read: |
| 17821 | 604.006 Mapping and monitoring of agricultural lands.- |
| 17822 | (2) The Department of Economic Opportunity Community |
| 17823 | Affairs shall develop a program for mapping and monitoring the |
| 17824 | agricultural lands in the state. The department has the power to |
| 17825 | adopt rules necessary to carry out the purposes of this section, |
| 17826 | and it may contract with other agencies for the provision of |
| 17827 | necessary mapping and information services. |
| 17828 | Section 401. Paragraph (a) of subsection (4) of section |
| 17829 | 624.5105, Florida Statutes, is amended to read: |
| 17830 | 624.5105 Community contribution tax credit; authorization; |
| 17831 | limitations; eligibility and application requirements; |
| 17832 | administration; definitions; expiration.- |
| 17833 | (4) ADMINISTRATION.- |
| 17834 | (a)1. The Department of Economic Opportunity Office of |
| 17835 | Tourism, Trade, and Economic Development is authorized to adopt |
| 17836 | all rules necessary to administer this section, including rules |
| 17837 | for the approval or disapproval of proposals by insurers. |
| 17838 | 2. The decision of the director shall be in writing, and, |
| 17839 | if approved, the proposal shall state the maximum credit |
| 17840 | allowable to the insurer. A copy of the decision shall be |
| 17841 | transmitted to the executive director of the Department of |
| 17842 | Revenue, who shall apply such credit to the tax liability of the |
| 17843 | insurer. |
| 17844 | 3. The office shall monitor all projects periodically, in |
| 17845 | a manner consistent with available resources to ensure that |
| 17846 | resources are utilized in accordance with this section; however, |
| 17847 | each project shall be reviewed no less frequently than once |
| 17848 | every 2 years. |
| 17849 | 4. The Department of Economic Opportunity Office of |
| 17850 | Tourism, Trade, and Economic Development shall, in consultation |
| 17851 | with the Department of Community Affairs, the Florida Housing |
| 17852 | Finance Corporation, and the statewide and regional housing and |
| 17853 | financial intermediaries, market the availability of the |
| 17854 | community contribution tax credit program to community-based |
| 17855 | organizations. |
| 17856 | Section 402. Paragraph (b) of subsection (2) of section |
| 17857 | 627.0628, Florida Statutes, is amended to read: |
| 17858 | 627.0628 Florida Commission on Hurricane Loss Projection |
| 17859 | Methodology; public records exemption; public meetings |
| 17860 | exemption.- |
| 17861 | (2) COMMISSION CREATED.- |
| 17862 | (b) The commission shall consist of the following 11 |
| 17863 | members: |
| 17864 | 1. The insurance consumer advocate. |
| 17865 | 2. The senior employee of the State Board of |
| 17866 | Administration responsible for operations of the Florida |
| 17867 | Hurricane Catastrophe Fund. |
| 17868 | 3. The Executive Director of the Citizens Property |
| 17869 | Insurance Corporation. |
| 17870 | 4. The Director of the Division of Emergency Management of |
| 17871 | the Department of Community Affairs. |
| 17872 | 5. The actuary member of the Florida Hurricane Catastrophe |
| 17873 | Fund Advisory Council. |
| 17874 | 6. An employee of the office who is an actuary responsible |
| 17875 | for property insurance rate filings and who is appointed by the |
| 17876 | director of the office. |
| 17877 | 7. Five members appointed by the Chief Financial Officer, |
| 17878 | as follows: |
| 17879 | a. An actuary who is employed full time by a property and |
| 17880 | casualty insurer which was responsible for at least 1 percent of |
| 17881 | the aggregate statewide direct written premium for homeowner's |
| 17882 | insurance in the calendar year preceding the member's |
| 17883 | appointment to the commission. |
| 17884 | b. An expert in insurance finance who is a full-time |
| 17885 | member of the faculty of the State University System and who has |
| 17886 | a background in actuarial science. |
| 17887 | c. An expert in statistics who is a full-time member of |
| 17888 | the faculty of the State University System and who has a |
| 17889 | background in insurance. |
| 17890 | d. An expert in computer system design who is a full-time |
| 17891 | member of the faculty of the State University System. |
| 17892 | e. An expert in meteorology who is a full-time member of |
| 17893 | the faculty of the State University System and who specializes |
| 17894 | in hurricanes. |
| 17895 | Section 403. Paragraph (b) of subsection (1) and |
| 17896 | paragraphs (d) and (e) of subsection (8) of section 627.0629, |
| 17897 | Florida Statutes, are amended to read: |
| 17898 | 627.0629 Residential property insurance; rate filings.- |
| 17899 | (1) |
| 17900 | (b) By February 1, 2011, the Office of Insurance |
| 17901 | Regulation, in consultation with the Department of Financial |
| 17902 | Services and the Department of Community Affairs, shall develop |
| 17903 | and make publicly available a proposed method for insurers to |
| 17904 | establish discounts, credits, or other rate differentials for |
| 17905 | hurricane mitigation measures which directly correlate to the |
| 17906 | numerical rating assigned to a structure pursuant to the uniform |
| 17907 | home grading scale adopted by the Financial Services Commission |
| 17908 | pursuant to s. 215.55865, including any proposed changes to the |
| 17909 | uniform home grading scale. By October 1, 2011, the commission |
| 17910 | shall adopt rules requiring insurers to make rate filings for |
| 17911 | residential property insurance which revise insurers' discounts, |
| 17912 | credits, or other rate differentials for hurricane mitigation |
| 17913 | measures so that such rate differentials correlate directly to |
| 17914 | the uniform home grading scale. The rules may include such |
| 17915 | changes to the uniform home grading scale as the commission |
| 17916 | determines are necessary, and may specify the minimum required |
| 17917 | discounts, credits, or other rate differentials. Such rate |
| 17918 | differentials must be consistent with generally accepted |
| 17919 | actuarial principles and wind-loss mitigation studies. The rules |
| 17920 | shall allow a period of at least 2 years after the effective |
| 17921 | date of the revised mitigation discounts, credits, or other rate |
| 17922 | differentials for a property owner to obtain an inspection or |
| 17923 | otherwise qualify for the revised credit, during which time the |
| 17924 | insurer shall continue to apply the mitigation credit that was |
| 17925 | applied immediately prior to the effective date of the revised |
| 17926 | credit. Discounts, credits, and other rate differentials |
| 17927 | established for rate filings under this paragraph shall |
| 17928 | supersede, after adoption, the discounts, credits, and other |
| 17929 | rate differentials included in rate filings under paragraph (a). |
| 17930 | (8) EVALUATION OF RESIDENTIAL PROPERTY STRUCTURAL |
| 17931 | SOUNDNESS.- |
| 17932 | (d) The Division of Emergency Management Department of |
| 17933 | Community Affairs shall establish by rule standards to govern |
| 17934 | the quality of the evaluation, the quality of the |
| 17935 | recommendations for retrofitting, the eligibility of the persons |
| 17936 | conducting the evaluation, and the selection of applicants under |
| 17937 | the program. In establishing the rule, the Division of Emergency |
| 17938 | Management Department of Community Affairs shall consult with |
| 17939 | the advisory committee to minimize the possibility of fraud or |
| 17940 | abuse in the evaluation and retrofitting process, and to ensure |
| 17941 | that funds spent by homeowners acting on the recommendations |
| 17942 | achieve positive results. |
| 17943 | (e) The Citizens Property Insurance Corporation shall |
| 17944 | identify areas of this state with the greatest wind risk to |
| 17945 | residential properties and recommend annually to the Division of |
| 17946 | Emergency Management Department of Community Affairs priority |
| 17947 | target areas for such evaluations and inclusion with the |
| 17948 | associated residential construction mitigation program. |
| 17949 | Section 404. Subsection (2) of section 720.403, Florida |
| 17950 | Statutes, is amended to read: |
| 17951 | 720.403 Preservation of residential communities; revival |
| 17952 | of declaration of covenants.- |
| 17953 | (2) In order to preserve a residential community and the |
| 17954 | associated infrastructure and common areas for the purposes |
| 17955 | described in this section, the parcel owners in a community that |
| 17956 | was previously subject to a declaration of covenants that has |
| 17957 | ceased to govern one or more parcels in the community may revive |
| 17958 | the declaration and the homeowners' association for the |
| 17959 | community upon approval by the parcel owners to be governed |
| 17960 | thereby as provided in this act, and upon approval of the |
| 17961 | declaration and the other governing documents for the |
| 17962 | association by the Department of Economic Opportunity Community |
| 17963 | Affairs in a manner consistent with this act. |
| 17964 | Section 405. Section 720.404, Florida Statutes, is amended |
| 17965 | to read: |
| 17966 | 720.404 Eligible residential communities; requirements for |
| 17967 | revival of declaration.-Parcel owners in a community are |
| 17968 | eligible to seek approval from the Department of Economic |
| 17969 | Opportunity Community Affairs to revive a declaration of |
| 17970 | covenants under this act if all of the following requirements |
| 17971 | are met: |
| 17972 | (1) All parcels to be governed by the revived declaration |
| 17973 | must have been once governed by a previous declaration that has |
| 17974 | ceased to govern some or all of the parcels in the community; |
| 17975 | (2) The revived declaration must be approved in the manner |
| 17976 | provided in s. 720.405(6); and |
| 17977 | (3) The revived declaration may not contain covenants that |
| 17978 | are more restrictive on the parcel owners than the covenants |
| 17979 | contained in the previous declaration, except that the |
| 17980 | declaration may: |
| 17981 | (a) Have an effective term of longer duration than the |
| 17982 | term of the previous declaration; |
| 17983 | (b) Omit restrictions contained in the previous |
| 17984 | declaration; |
| 17985 | (c) Govern fewer than all of the parcels governed by the |
| 17986 | previous declaration; |
| 17987 | (d) Provide for amendments to the declaration and other |
| 17988 | governing documents; and |
| 17989 | (e) Contain provisions required by this chapter for new |
| 17990 | declarations that were not contained in the previous |
| 17991 | declaration. |
| 17992 | Section 406. Subsection (1) of section 720.406, Florida |
| 17993 | Statutes, is amended to read: |
| 17994 | 720.406 Department of Economic Opportunity Community |
| 17995 | Affairs; submission; review and determination.- |
| 17996 | (1) No later than 60 days after the date the proposed |
| 17997 | revived declaration and other governing documents are approved |
| 17998 | by the affected parcel owners, the organizing committee or its |
| 17999 | designee must submit the proposed revived governing documents |
| 18000 | and supporting materials to the Department of Economic |
| 18001 | Opportunity Community Affairs to review and determine whether to |
| 18002 | approve or disapprove of the proposal to preserve the |
| 18003 | residential community. The submission to the department must |
| 18004 | include: |
| 18005 | (a) The full text of the proposed revived declaration of |
| 18006 | covenants and articles of incorporation and bylaws of the |
| 18007 | homeowners' association; |
| 18008 | (b) A verified copy of the previous declaration of |
| 18009 | covenants and other previous governing documents for the |
| 18010 | community, including any amendments thereto; |
| 18011 | (c) The legal description of each parcel to be subject to |
| 18012 | the revived declaration and other governing documents and a plat |
| 18013 | or other graphic depiction of the affected properties in the |
| 18014 | community; |
| 18015 | (d) A verified copy of the written consents of the |
| 18016 | requisite number of the affected parcel owners approving the |
| 18017 | revived declaration and other governing documents or, if |
| 18018 | approval was obtained by a vote at a meeting of affected parcel |
| 18019 | owners, verified copies of the notice of the meeting, |
| 18020 | attendance, and voting results; |
| 18021 | (e) An affidavit by a current or former officer of the |
| 18022 | association or by a member of the organizing committee verifying |
| 18023 | that the requirements for the revived declaration set forth in |
| 18024 | s. 720.404 have been satisfied; and |
| 18025 | (f) Such other documentation that the organizing committee |
| 18026 | believes is supportive of the policy of preserving the |
| 18027 | residential community and operating, managing, and maintaining |
| 18028 | the infrastructure, aesthetic character, and common areas |
| 18029 | serving the residential community. |
| 18030 | Section 407. Subsection (4) of section 760.854, Florida |
| 18031 | Statutes, is amended to read: |
| 18032 | 760.854 Center for Environmental Equity and Justice.- |
| 18033 | (4) The Center for Environmental Equity and Justice shall |
| 18034 | sponsor students to serve as interns at the Department of |
| 18035 | Health, the Department of Environmental Protection, the |
| 18036 | Department of Economic Opportunity Community Affairs, and other |
| 18037 | relevant state agencies. The center may enter into a memorandum |
| 18038 | of understanding with these agencies to address environmental |
| 18039 | equity and justice issues. |
| 18040 | Section 408. Paragraph (d) of subsection (2) of section |
| 18041 | 768.13, Florida Statutes, is amended to read: |
| 18042 | 768.13 Good Samaritan Act; immunity from civil liability.- |
| 18043 | (2) |
| 18044 | (d) Any person whose acts or omissions are not otherwise |
| 18045 | covered by this section and who participates in emergency |
| 18046 | response activities under the direction of or in connection with |
| 18047 | a community emergency response team, local emergency management |
| 18048 | agencies, the Division of Emergency Management of the Department |
| 18049 | of Community Affairs, or the Federal Emergency Management Agency |
| 18050 | is not liable for any civil damages as a result of care, |
| 18051 | treatment, or services provided gratuitously in such capacity |
| 18052 | and resulting from any act or failure to act in such capacity in |
| 18053 | providing or arranging further care, treatment, or services, if |
| 18054 | such person acts as a reasonably prudent person would have acted |
| 18055 | under the same or similar circumstances. |
| 18056 | Section 409. Subsection (7) of section 943.0311, Florida |
| 18057 | Statutes, is amended to read: |
| 18058 | 943.0311 Chief of Domestic Security; duties of the |
| 18059 | department with respect to domestic security.- |
| 18060 | (7) As used in this section, the term "state agency" |
| 18061 | includes the Agency for Health Care Administration, the Agency |
| 18062 | for Workforce Innovation, the Department of Agriculture and |
| 18063 | Consumer Services, the Department of Business and Professional |
| 18064 | Regulation, the Department of Children and Family Services, the |
| 18065 | Department of Citrus, the Department of Community Affairs, the |
| 18066 | Department of Corrections, the Department of Education, the |
| 18067 | Department of Elderly Affairs, the Division of Emergency |
| 18068 | Management, the Department of Environmental Protection, the |
| 18069 | Department of Financial Services, the Department of Health, the |
| 18070 | Department of Highway Safety and Motor Vehicles, the Department |
| 18071 | of Economic Opportunity, the Department of Juvenile Justice, the |
| 18072 | Department of Law Enforcement, the Department of Legal Affairs, |
| 18073 | the Department of Management Services, the Department of |
| 18074 | Military Affairs, the Department of Revenue, the Department of |
| 18075 | State, the Department of the Lottery, the Department of |
| 18076 | Transportation, the Department of Veterans' Affairs, the Fish |
| 18077 | and Wildlife Conservation Commission, the Parole Commission, the |
| 18078 | State Board of Administration, and the Executive Office of the |
| 18079 | Governor. |
| 18080 | Section 410. Paragraph (a) of subsection (1), paragraph |
| 18081 | (b) of subsection (2), and paragraphs (a) and (b) of subsection |
| 18082 | (4) of section 943.0313, Florida Statutes, are amended to read: |
| 18083 | 943.0313 Domestic Security Oversight Council.-The |
| 18084 | Legislature finds that there exists a need to provide executive |
| 18085 | direction and leadership with respect to terrorism prevention, |
| 18086 | preparation, protection, response, and recovery efforts by state |
| 18087 | and local agencies in this state. In recognition of this need, |
| 18088 | the Domestic Security Oversight Council is hereby created. The |
| 18089 | council shall serve as an advisory council pursuant to s. |
| 18090 | 20.03(7) to provide guidance to the state's regional domestic |
| 18091 | security task forces and other domestic security working groups |
| 18092 | and to make recommendations to the Governor and the Legislature |
| 18093 | regarding the expenditure of funds and allocation of resources |
| 18094 | related to counter-terrorism and domestic security efforts. |
| 18095 | (1) MEMBERSHIP.- |
| 18096 | (a) The Domestic Security Oversight Council shall consist |
| 18097 | of the following voting members: |
| 18098 | 1. The executive director of the Department of Law |
| 18099 | Enforcement. |
| 18100 | 2. The director of the Division of Emergency Management |
| 18101 | within the Department of Community Affairs. |
| 18102 | 3. The Attorney General. |
| 18103 | 4. The Commissioner of Agriculture. |
| 18104 | 5. The State Surgeon General. |
| 18105 | 6. The Commissioner of Education. |
| 18106 | 7. The State Fire Marshal. |
| 18107 | 8. The adjutant general of the Florida National Guard. |
| 18108 | 9. The state chief information officer. |
| 18109 | 10. Each sheriff or chief of police who serves as a co- |
| 18110 | chair of a regional domestic security task force pursuant to s. |
| 18111 | 943.0312(1)(b). |
| 18112 | 11. Each of the department's special agents in charge who |
| 18113 | serve as a co-chair of a regional domestic security task force. |
| 18114 | 12. Two representatives of the Florida Fire Chiefs |
| 18115 | Association. |
| 18116 | 13. One representative of the Florida Police Chiefs |
| 18117 | Association. |
| 18118 | 14. One representative of the Florida Prosecuting |
| 18119 | Attorneys Association. |
| 18120 | 15. The chair of the Statewide Domestic Security |
| 18121 | Intelligence Committee. |
| 18122 | 16. One representative of the Florida Hospital |
| 18123 | Association. |
| 18124 | 17. One representative of the Emergency Medical Services |
| 18125 | Advisory Council. |
| 18126 | 18. One representative of the Florida Emergency |
| 18127 | Preparedness Association. |
| 18128 | 19. One representative of the Florida Seaport |
| 18129 | Transportation and Economic Development Council. |
| 18130 | (2) ORGANIZATION.- |
| 18131 | (b) The executive director of the Department of Law |
| 18132 | Enforcement shall serve as chair of the council, and the |
| 18133 | director of the Division of Emergency Management within the |
| 18134 | Department of Community Affairs shall serve as vice chair of the |
| 18135 | council. In the absence of the chair, the vice chair shall serve |
| 18136 | as chair. In the absence of the vice chair, the chair may name |
| 18137 | any member of the council to perform the duties of the chair if |
| 18138 | such substitution does not extend beyond a defined meeting, |
| 18139 | duty, or period of time. |
| 18140 | (4) EXECUTIVE COMMITTEE.- |
| 18141 | (a) The council shall establish an executive committee |
| 18142 | consisting of the following members: |
| 18143 | 1. The executive director of the Department of Law |
| 18144 | Enforcement. |
| 18145 | 2. The director of the Division of Emergency Management |
| 18146 | within the Department of Community Affairs. |
| 18147 | 3. The Attorney General. |
| 18148 | 4. The Commissioner of Agriculture. |
| 18149 | 5. The State Surgeon General. |
| 18150 | 6. The Commissioner of Education. |
| 18151 | 7. The State Fire Marshal. |
| 18152 | (b) The executive director of the Department of Law |
| 18153 | Enforcement shall serve as the chair of the executive committee, |
| 18154 | and the director of the Division of Emergency Management within |
| 18155 | the Department of Community Affairs shall serve as the vice |
| 18156 | chair of the executive committee. |
| 18157 | Section 411. Paragraph (g) of subsection (1) of section |
| 18158 | 1004.46, Florida Statutes, is amended to read: |
| 18159 | 1004.46 Multidisciplinary Center for Affordable Housing.- |
| 18160 | (1) The Multidisciplinary Center for Affordable Housing is |
| 18161 | established within the School of Building Construction of the |
| 18162 | College of Architecture of the University of Florida with the |
| 18163 | collaboration of other related disciplines such as agriculture, |
| 18164 | business administration, engineering, law, and medicine. The |
| 18165 | center shall work in conjunction with other state universities. |
| 18166 | The Multidisciplinary Center for Affordable Housing shall: |
| 18167 | (g) Establish a research agenda and general work plan in |
| 18168 | cooperation with the Department of Economic Opportunity |
| 18169 | Community Affairs, which is the state agency responsible for |
| 18170 | research and planning for affordable housing and for training |
| 18171 | and technical assistance for providers of affordable housing. |
| 18172 | Section 412. Paragraph (a) of subsection (1) of section |
| 18173 | 1013.37, Florida Statutes, is amended to read: |
| 18174 | 1013.37 State uniform building code for public educational |
| 18175 | facilities construction.- |
| 18176 | (1) UNIFORM BUILDING CODE.-A uniform statewide building |
| 18177 | code for the planning and construction of public educational and |
| 18178 | ancillary plants by district school boards and community college |
| 18179 | district boards of trustees shall be adopted by the Florida |
| 18180 | Building Commission within the Florida Building Code, pursuant |
| 18181 | to s. 553.73. Included in this code must be flood plain |
| 18182 | management criteria in compliance with the rules and regulations |
| 18183 | in 44 C.F.R. parts 59 and 60, and subsequent revisions thereto |
| 18184 | which are adopted by the Federal Emergency Management Agency. It |
| 18185 | is also the responsibility of the department to develop, as a |
| 18186 | part of the uniform building code, standards relating to: |
| 18187 | (a) Prefabricated facilities or factory-built facilities |
| 18188 | that are designed to be portable, relocatable, demountable, or |
| 18189 | reconstructible; are used primarily as classrooms; and do not |
| 18190 | fall under the provisions of ss. 320.822-320.862. Such standards |
| 18191 | must permit boards to contract with the Department of Economic |
| 18192 | Opportunity Community Affairs for factory inspections by |
| 18193 | certified building code inspectors to certify conformance with |
| 18194 | applicable law and rules. The standards must comply with the |
| 18195 | requirements of s. 1013.20 for relocatable facilities intended |
| 18196 | for long-term use as classroom space, and the relocatable |
| 18197 | facilities shall be designed subject to missile impact criteria |
| 18198 | of s. 423(24)(d)(1) of the Florida Building Code when located in |
| 18199 | the windborne debris region. |
| 18200 |
|
| 18201 | It is not a purpose of the Florida Building Code to inhibit the |
| 18202 | use of new materials or innovative techniques; nor may it |
| 18203 | specify or prohibit materials by brand names. The code must be |
| 18204 | flexible enough to cover all phases of construction so as to |
| 18205 | afford reasonable protection for the public safety, health, and |
| 18206 | general welfare. The department may secure the service of other |
| 18207 | state agencies or such other assistance as it finds desirable in |
| 18208 | recommending to the Florida Building Commission revisions to the |
| 18209 | code. |
| 18210 | Section 413. Subsections (1) and (2) of section 1013.372, |
| 18211 | Florida Statutes, are amended to read: |
| 18212 | 1013.372 Education facilities as emergency shelters.- |
| 18213 | (1) The Department of Education shall, in consultation |
| 18214 | with boards and county and state emergency management offices, |
| 18215 | include within the standards to be developed under this |
| 18216 | subsection public shelter design criteria to be incorporated |
| 18217 | into the Florida Building Code. The new criteria must be |
| 18218 | designed to ensure that appropriate new educational facilities |
| 18219 | can serve as public shelters for emergency management purposes. |
| 18220 | A facility, or an appropriate area within a facility, for which |
| 18221 | a design contract is entered into after the effective date of |
| 18222 | the inclusion of the public shelter criteria in the code must be |
| 18223 | built in compliance with the amended code unless the facility or |
| 18224 | a part of it is exempted from using the new shelter criteria due |
| 18225 | to its location, size, or other characteristics by the |
| 18226 | applicable board with the concurrence of the applicable local |
| 18227 | emergency management agency or the Division of Emergency |
| 18228 | Management Department of Community Affairs. Any educational |
| 18229 | facility located or proposed to be located in an identified |
| 18230 | category 1, 2, or 3 evacuation zone is not subject to the |
| 18231 | requirements of this subsection. If the regional planning |
| 18232 | council region in which the county is located does not have a |
| 18233 | hurricane evacuation shelter deficit, as determined by the |
| 18234 | Division of Emergency Management Department of Community |
| 18235 | Affairs, educational facilities within the planning council |
| 18236 | region are not required to incorporate the public shelter |
| 18237 | criteria. |
| 18238 | (2) By January 31 of each even-numbered year, the Division |
| 18239 | of Emergency Management Department of Community Affairs shall |
| 18240 | prepare and submit a statewide emergency shelter plan to the |
| 18241 | Governor and the Cabinet for approval. The plan must identify |
| 18242 | the general location and square footage of existing shelters, by |
| 18243 | regional planning council region, and the general location and |
| 18244 | square footage of needed shelters, by regional planning council |
| 18245 | region, during the next 5 years. The plan must identify the |
| 18246 | types of public facilities that should be constructed to comply |
| 18247 | with emergency-shelter criteria and must recommend an |
| 18248 | appropriate and available source of funding for the additional |
| 18249 | cost of constructing emergency shelters within these public |
| 18250 | facilities. After the approval of the plan, a board may not be |
| 18251 | required to build more emergency-shelter space than identified |
| 18252 | as needed in the plan, and decisions pertaining to exemptions |
| 18253 | pursuant to subsection (1) must be guided by the plan. |
| 18254 | Section 414. Subsection (4) of section 1013.74, Florida |
| 18255 | Statutes, is amended to read: |
| 18256 | 1013.74 University authorization for fixed capital outlay |
| 18257 | projects.- |
| 18258 | (4) The university board of trustees shall, in |
| 18259 | consultation with local and state emergency management agencies, |
| 18260 | assess existing facilities to identify the extent to which each |
| 18261 | campus has public hurricane evacuation shelter space. The board |
| 18262 | shall submit to the Governor and the Legislature by August 1 of |
| 18263 | each year a 5-year capital improvements program that identifies |
| 18264 | new or retrofitted facilities that will incorporate enhanced |
| 18265 | hurricane resistance standards and that can be used as public |
| 18266 | hurricane evacuation shelters. Enhanced hurricane resistance |
| 18267 | standards include fixed passive protection for window and door |
| 18268 | applications to provide mitigation protection, security |
| 18269 | protection with egress, and energy efficiencies that meet |
| 18270 | standards required in the 130-mile-per-hour wind zone areas. The |
| 18271 | board must also submit proposed facility retrofit projects to |
| 18272 | the Division of Emergency Management Department of Community |
| 18273 | Affairs for assessment and inclusion in the annual report |
| 18274 | prepared in accordance with s. 252.385(3). Until a regional |
| 18275 | planning council region in which a campus is located has |
| 18276 | sufficient public hurricane evacuation shelter space, any campus |
| 18277 | building for which a design contract is entered into subsequent |
| 18278 | to July 1, 2001, and which has been identified by the board, |
| 18279 | with the concurrence of the local emergency management agency or |
| 18280 | the Division of Emergency Management Department of Community |
| 18281 | Affairs, to be appropriate for use as a public hurricane |
| 18282 | evacuation shelter, must be constructed in accordance with |
| 18283 | public shelter standards. |
| 18284 | Section 415. Section 163.2523, Florida Statutes, is |
| 18285 | repealed. |
| 18286 | Section 416. Section 380.285, Florida Statutes, is |
| 18287 | repealed. |
| 18288 | Section 417. Section 943.402, Florida Statutes, is |
| 18289 | repealed. |
| 18290 | Section 418. Section 20.50, Florida Statutes, is repealed. |
| 18291 | Section 419. Transfers from the Agency for Workforce |
| 18292 | Innovation.- |
| 18293 | (1) All powers, duties, functions, records, offices, |
| 18294 | personnel, associated administrative support positions, |
| 18295 | property, pending issues, and existing contracts, administrative |
| 18296 | authority, administrative rules, and unexpended balances of |
| 18297 | appropriations, allocations, and other funds relating to the |
| 18298 | following programs in the Agency for Workforce Innovation are |
| 18299 | transferred by a type two transfer, as defined in s. 20.06(2), |
| 18300 | Florida Statutes, as follows: |
| 18301 | (a) The Office of Early Learning is transferred to the |
| 18302 | Department of Economic Opportunity. |
| 18303 | (b) The Office of Unemployment Compensation Services is |
| 18304 | transferred to the Department of Economic Opportunity. |
| 18305 | (c) The Office of Workforce Services is transferred to the |
| 18306 | Department of Economic Opportunity. |
| 18307 | (2) The following trust funds are transferred from the |
| 18308 | Agency for Workforce Innovation to the Department of Economic |
| 18309 | Opportunity: |
| 18310 | (a) The Administrative Trust Fund, FLAIR number 75-2-021. |
| 18311 | (b) The Employment Security Administration Trust Fund, |
| 18312 | FLAIR number 75-2-195. |
| 18313 | (c) The Special Employment Security Administration Trust |
| 18314 | Fund, FLAIR number 75-2-648. |
| 18315 | (d) The Unemployment Compensation Benefit Trust Fund, |
| 18316 | FLAIR number 75-2-765. |
| 18317 | (e) The Unemployment Compensation Clearing Trust Fund, |
| 18318 | FLAIR number 75-2-767. |
| 18319 | (f) The Revolving Trust Fund, FLAIR number 75-2-600. |
| 18320 | (g) The Welfare Transition Trust Fund, FLAIR number 75-2- |
| 18321 | 401. |
| 18322 | (h) The Displaced Homemaker Trust Fund, FLAIR number 75-2- |
| 18323 | 160. |
| 18324 | (i) The Child Care and Development Block Grant Trust Fund, |
| 18325 | FLAIR number 75-2-098. |
| 18326 | (3) Any binding contract or interagency agreement existing |
| 18327 | on or before October 1, 2011, between the Agency for Workforce |
| 18328 | Innovation, or an entity or agent of the agency, and any other |
| 18329 | agency, entity, or person shall continue as a binding contract |
| 18330 | or agreement for the remainder of the term of such contract or |
| 18331 | agreement with the successor department, agency, or entity |
| 18332 | responsible for the program, activity, or functions relative to |
| 18333 | the contract or agreement. |
| 18334 | (4) All powers, duties, functions, records, offices, |
| 18335 | personnel, property, pending issues, and existing contracts, |
| 18336 | administrative authority, administrative rules, and unexpended |
| 18337 | balances of appropriations, allocations, and other funds |
| 18338 | relating to the Agency for Workforce Innovation and not |
| 18339 | specifically delineated for transfer within this section are |
| 18340 | transferred by a type two transfer to the Department of Economic |
| 18341 | Opportunity. |
| 18342 | Section 420. Subsection (3) of section 11.905, Florida |
| 18343 | Statutes, is amended to read: |
| 18344 | 11.905 Schedule for reviewing state agencies and advisory |
| 18345 | committees.-The following state agencies, including their |
| 18346 | advisory committees, or the following advisory committees of |
| 18347 | agencies shall be reviewed according to the following schedule: |
| 18348 | (3) Reviewed by July 1, 2012: |
| 18349 | (a) Advisory committees for the Florida Community College |
| 18350 | System. |
| 18351 | (b) Advisory committees for the State University System. |
| 18352 | (c) Agency for Workforce Innovation. |
| 18353 | (c)(d) Department of Education. |
| 18354 | (d)(e) Department of the Lottery. |
| 18355 |
|
| 18356 | Upon completion of this cycle, each agency shall again be |
| 18357 | subject to sunset review 10 years after its initial review. |
| 18358 | Section 421. Paragraph (b) of subsection (2) of section |
| 18359 | 14.20195, Florida Statutes, is amended to read: |
| 18360 | 14.20195 Suicide Prevention Coordinating Council; |
| 18361 | creation; membership; duties.-There is created within the |
| 18362 | Statewide Office for Suicide Prevention a Suicide Prevention |
| 18363 | Coordinating Council. The council shall develop strategies for |
| 18364 | preventing suicide. |
| 18365 | (2) MEMBERSHIP.-The Suicide Prevention Coordinating |
| 18366 | Council shall consist of 28 voting members. |
| 18367 | (b) The following state officials or their designees shall |
| 18368 | serve on the coordinating council: |
| 18369 | 1. The Secretary of Elderly Affairs. |
| 18370 | 2. The State Surgeon General. |
| 18371 | 3. The Commissioner of Education. |
| 18372 | 4. The Secretary of Health Care Administration. |
| 18373 | 5. The Secretary of Juvenile Justice. |
| 18374 | 6. The Secretary of Corrections. |
| 18375 | 7. The executive director of the Department of Law |
| 18376 | Enforcement. |
| 18377 | 8. The executive director of the Department of Veterans' |
| 18378 | Affairs. |
| 18379 | 9. The Secretary of Children and Family Services. |
| 18380 | 10. The Commissioner of Economic Opportunity director of |
| 18381 | the Agency for Workforce Innovation. |
| 18382 | Section 422. Paragraph (j) of subsection (1) of section |
| 18383 | 16.615, Florida Statutes, is amended to read: |
| 18384 | 16.615 Council on the Social Status of Black Men and |
| 18385 | Boys.- |
| 18386 | (1) The Council on the Social Status of Black Men and Boys |
| 18387 | is established within the Department of Legal Affairs and shall |
| 18388 | consist of 19 members appointed as follows: |
| 18389 | (j) The chair of the advisory council of the Division of |
| 18390 | Minority Business Development of Enterprise Florida, Inc., |
| 18391 | director of the Agency for Workforce Innovation or his or her |
| 18392 | designee. |
| 18393 | Section 423. Section 20.505, Florida Statutes, is |
| 18394 | transferred, renumbered as section 20.605, Florida Statutes, and |
| 18395 | amended to read: |
| 18396 | 20.605 20.505 Administrative Trust Fund of the Department |
| 18397 | of Economic Opportunity the Agency for Workforce Innovation.- |
| 18398 | (1) The Administrative Trust Fund is created within the |
| 18399 | Department of Economic Opportunity the Agency for Workforce |
| 18400 | Innovation. |
| 18401 | (2) Funds shall be used for the purpose of supporting the |
| 18402 | administrative functions of the Department of Economic |
| 18403 | Opportunity the agency as required by law, pursuant to |
| 18404 | legislative appropriation or an approved amendment to the |
| 18405 | Department of Economic Opportunity's the agency's operating |
| 18406 | budget pursuant to the provisions of chapter 216. |
| 18407 | (3) Notwithstanding the provisions of s. 216.301 and |
| 18408 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 18409 | of any fiscal year shall remain in the trust fund at the end of |
| 18410 | the year and shall be available for carrying out the purposes of |
| 18411 | the trust fund. |
| 18412 | Section 424. Paragraph (a) of subsection (8) and paragraph |
| 18413 | (a) of subsection (9) of section 39.001, Florida Statutes, are |
| 18414 | amended to read: |
| 18415 | 39.001 Purposes and intent; personnel standards and |
| 18416 | screening.- |
| 18417 | (8) PLAN FOR COMPREHENSIVE APPROACH.- |
| 18418 | (a) The office shall develop a state plan for the |
| 18419 | promotion of adoption, support of adoptive families, and |
| 18420 | prevention of abuse, abandonment, and neglect of children and |
| 18421 | shall submit the state plan to the Speaker of the House of |
| 18422 | Representatives, the President of the Senate, and the Governor |
| 18423 | no later than December 31, 2008. The Department of Children and |
| 18424 | Family Services, the Department of Corrections, the Department |
| 18425 | of Education, the Department of Health, the Department of |
| 18426 | Juvenile Justice, the Department of Law Enforcement, the Agency |
| 18427 | for Persons with Disabilities, and the Department of Economic |
| 18428 | Opportunity Agency for Workforce Innovation shall participate |
| 18429 | and fully cooperate in the development of the state plan at both |
| 18430 | the state and local levels. Furthermore, appropriate local |
| 18431 | agencies and organizations shall be provided an opportunity to |
| 18432 | participate in the development of the state plan at the local |
| 18433 | level. Appropriate local groups and organizations shall include, |
| 18434 | but not be limited to, community mental health centers; guardian |
| 18435 | ad litem programs for children under the circuit court; the |
| 18436 | school boards of the local school districts; the Florida local |
| 18437 | advocacy councils; community-based care lead agencies; private |
| 18438 | or public organizations or programs with recognized expertise in |
| 18439 | working with child abuse prevention programs for children and |
| 18440 | families; private or public organizations or programs with |
| 18441 | recognized expertise in working with children who are sexually |
| 18442 | abused, physically abused, emotionally abused, abandoned, or |
| 18443 | neglected and with expertise in working with the families of |
| 18444 | such children; private or public programs or organizations with |
| 18445 | expertise in maternal and infant health care; multidisciplinary |
| 18446 | child protection teams; child day care centers; law enforcement |
| 18447 | agencies; and the circuit courts, when guardian ad litem |
| 18448 | programs are not available in the local area. The state plan to |
| 18449 | be provided to the Legislature and the Governor shall include, |
| 18450 | as a minimum, the information required of the various groups in |
| 18451 | paragraph (b). |
| 18452 | (9) FUNDING AND SUBSEQUENT PLANS.- |
| 18453 | (a) All budget requests submitted by the office, the |
| 18454 | department, the Department of Health, the Department of |
| 18455 | Education, the Department of Juvenile Justice, the Department of |
| 18456 | Corrections, the Agency for Persons with Disabilities, the |
| 18457 | Agency for Workforce Innovation, or any other agency to the |
| 18458 | Legislature for funding of efforts for the promotion of |
| 18459 | adoption, support of adoptive families, and prevention of child |
| 18460 | abuse, abandonment, and neglect shall be based on the state plan |
| 18461 | developed pursuant to this section. |
| 18462 | Section 425. Paragraph (a) of subsection (7) of section |
| 18463 | 45.031, Florida Statutes, is amended to read: |
| 18464 | 45.031 Judicial sales procedure.-In any sale of real or |
| 18465 | personal property under an order or judgment, the procedures |
| 18466 | provided in this section and ss. 45.0315-45.035 may be followed |
| 18467 | as an alternative to any other sale procedure if so ordered by |
| 18468 | the court. |
| 18469 | (7) DISBURSEMENTS OF PROCEEDS.- |
| 18470 | (a) On filing a certificate of title, the clerk shall |
| 18471 | disburse the proceeds of the sale in accordance with the order |
| 18472 | or final judgment and shall file a report of such disbursements |
| 18473 | and serve a copy of it on each party, and on the Department of |
| 18474 | Revenue if the department was named as a defendant in the action |
| 18475 | or if the Department of Economic Opportunity or the former |
| 18476 | Agency for Workforce Innovation or the former Department of |
| 18477 | Labor and Employment Security was named as a defendant while the |
| 18478 | Department of Revenue was providing unemployment tax collection |
| 18479 | services under contract with the Department of Economic |
| 18480 | Opportunity or the former Agency for Workforce Innovation |
| 18481 | through an interagency agreement pursuant to s. 443.1316. |
| 18482 | Section 426. Paragraph (a) of subsection (4) of section |
| 18483 | 69.041, Florida Statutes, is amended to read: |
| 18484 | 69.041 State named party; lien foreclosure, suit to quiet |
| 18485 | title.- |
| 18486 | (4)(a) The Department of Revenue has the right to |
| 18487 | participate in the disbursement of funds remaining in the |
| 18488 | registry of the court after distribution pursuant to s. |
| 18489 | 45.031(7). The department shall participate in accordance with |
| 18490 | applicable procedures in any mortgage foreclosure action in |
| 18491 | which the department has a duly filed tax warrant, or interests |
| 18492 | under a lien arising from a judgment, order, or decree for |
| 18493 | support, as defined in s. 409.2554, or interest in an |
| 18494 | unemployment compensation tax lien under contract with the |
| 18495 | Department of Economic Opportunity the Agency for Workforce |
| 18496 | Innovation through an interagency agreement pursuant to s. |
| 18497 | 443.1316, against the subject property and with the same |
| 18498 | priority, regardless of whether a default against the |
| 18499 | department, the Department of Economic Opportunity, or the |
| 18500 | former Agency for Workforce Innovation, or the former Department |
| 18501 | of Labor and Employment Security has been entered for failure to |
| 18502 | file an answer or other responsive pleading. |
| 18503 | Section 427. Paragraph (d) of subsection (2) and |
| 18504 | subsection (5) of section 112.044, Florida Statutes, are amended |
| 18505 | to read: |
| 18506 | 112.044 Public employers, employment agencies, labor |
| 18507 | organizations; discrimination based on age prohibited; |
| 18508 | exceptions; remedy.- |
| 18509 | (2) DEFINITIONS.-For the purpose of this act: |
| 18510 | (d) "Department" means the Department of Labor and |
| 18511 | Employment Security. |
| 18512 | (5) NOTICE TO BE POSTED.-Each employer, employment agency, |
| 18513 | and labor organization shall post and keep posted in conspicuous |
| 18514 | places upon its premises notices required by a notice to be |
| 18515 | prepared or approved by the department setting forth such |
| 18516 | information as the United States Department of Labor and the |
| 18517 | United States Equal Employment Opportunity Commission department |
| 18518 | deems appropriate to effectuate the purposes of this act. |
| 18519 | Section 428. Subsection (3) of section 112.3135, Florida |
| 18520 | Statutes, is amended to read: |
| 18521 | 112.3135 Restriction on employment of relatives.- |
| 18522 | (3) An agency may prescribe regulations authorizing the |
| 18523 | temporary employment, in the event of an emergency as defined in |
| 18524 | s. 252.34(3), of individuals whose employment would be otherwise |
| 18525 | prohibited by this section. |
| 18526 | Section 429. Subsection (10) of section 120.80, Florida |
| 18527 | Statutes, is amended to read: |
| 18528 | 120.80 Exceptions and special requirements; agencies.- |
| 18529 | (10) THE DEPARTMENT OF ECONOMIC OPPORTUNITY AGENCY FOR |
| 18530 | WORKFORCE INNOVATION.- |
| 18531 | (a) Notwithstanding s. 120.54, the rulemaking provisions |
| 18532 | of this chapter do not apply to unemployment appeals referees. |
| 18533 | (b) Notwithstanding s. 120.54(5), the uniform rules of |
| 18534 | procedure do not apply to appeal proceedings conducted under |
| 18535 | chapter 443 by the Unemployment Appeals Commission, special |
| 18536 | deputies, or unemployment appeals referees. |
| 18537 | (c) Notwithstanding s. 120.57(1)(a), hearings under |
| 18538 | chapter 443 may not be conducted by an administrative law judge |
| 18539 | assigned by the division, but instead shall be conducted by the |
| 18540 | Unemployment Appeals Commission in unemployment compensation |
| 18541 | appeals, unemployment appeals referees, and the Department of |
| 18542 | Economic Opportunity the Agency for Workforce Innovation or its |
| 18543 | special deputies under s. 443.141. |
| 18544 | Section 430. Paragraph (a) of subsection (1) of section |
| 18545 | 202.37, Florida Statutes, is amended to read: |
| 18546 | 202.37 Special rules for administration of local |
| 18547 | communications services tax.- |
| 18548 | (1)(a) Except as otherwise provided in this section, all |
| 18549 | statutory provisions and administrative rules applicable to the |
| 18550 | communications services tax imposed by s. 202.12 apply to any |
| 18551 | local communications services tax imposed under s. 202.19, and |
| 18552 | the department shall administer, collect, and enforce all taxes |
| 18553 | imposed under s. 202.19, including interest and penalties |
| 18554 | attributable thereto, in accordance with the same procedures |
| 18555 | used in the administration, collection, and enforcement of the |
| 18556 | communications services tax imposed by s. 202.12. Audits |
| 18557 | performed by the department shall include a determination of the |
| 18558 | dealer's compliance with the jurisdictional situsing of its |
| 18559 | customers' service addresses and a determination of whether the |
| 18560 | rate collected for the local tax pursuant to ss. 202.19 and |
| 18561 | 202.20 is correct. The person or entity designated by a local |
| 18562 | government pursuant to s. 213.053(8)(v) may provide evidence to |
| 18563 | the department demonstrating a specific person's failure to |
| 18564 | fully or correctly report taxable communications services sales |
| 18565 | within the jurisdiction. The department may request additional |
| 18566 | information from the designee to assist in any review. The |
| 18567 | department shall inform the designee of what action, if any, the |
| 18568 | department intends to take regarding the person. |
| 18569 | Section 431. Paragraph (d) of subsection (1) of section |
| 18570 | 212.096, Florida Statutes, is amended to read: |
| 18571 | 212.096 Sales, rental, storage, use tax; enterprise zone |
| 18572 | jobs credit against sales tax.- |
| 18573 | (1) For the purposes of the credit provided in this |
| 18574 | section: |
| 18575 | (d) "Job" means a full-time position, as consistent with |
| 18576 | terms used by the Department of Economic Opportunity the Agency |
| 18577 | for Workforce Innovation and the United States Department of |
| 18578 | Labor for purposes of unemployment compensation tax |
| 18579 | administration and employment estimation resulting directly from |
| 18580 | a business operation in this state. This term may not include a |
| 18581 | temporary construction job involved with the construction of |
| 18582 | facilities or any job that has previously been included in any |
| 18583 | application for tax credits under s. 220.181(1). The term also |
| 18584 | includes employment of an employee leased from an employee |
| 18585 | leasing company licensed under chapter 468 if such employee has |
| 18586 | been continuously leased to the employer for an average of at |
| 18587 | least 36 hours per week for more than 6 months. |
| 18588 |
|
| 18589 | A person shall be deemed to be employed if the person performs |
| 18590 | duties in connection with the operations of the business on a |
| 18591 | regular, full-time basis, provided the person is performing such |
| 18592 | duties for an average of at least 36 hours per week each month. |
| 18593 | The person must be performing such duties at a business site |
| 18594 | located in the enterprise zone. |
| 18595 | Section 432. Paragraphs (l) through (s) of subsection (8) |
| 18596 | of section 213.053, Florida Statutes, as amended by chapter |
| 18597 | 2010-280, Laws of Florida, are redesignated as paragraphs (k) |
| 18598 | through (r), respectively, paragraphs (u) and (v) of that |
| 18599 | subsection are redesignated as paragraphs (s) and (t), |
| 18600 | respectively, paragraphs (x) through (aa) of that subsection are |
| 18601 | redesignated as paragraphs (u) through (x), respectively, |
| 18602 | paragraph (cc) of that subsection is redesignated as paragraph |
| 18603 | (y), and subsection (4), paragraph (a) of subsection (7), |
| 18604 | present paragraphs (k), (t), (w), and (bb) of subsection (8), |
| 18605 | and subsections (19), (20), and (21) of that section are |
| 18606 | amended, to read: |
| 18607 | 213.053 Confidentiality and information sharing.- |
| 18608 | (4) The department, while providing unemployment tax |
| 18609 | collection services under contract with the Department of |
| 18610 | Economic Opportunity the Agency for Workforce Innovation through |
| 18611 | an interagency agreement pursuant to s. 443.1316, may release |
| 18612 | unemployment tax rate information to the agent of an employer, |
| 18613 | which agent provides payroll services for more than 100 500 |
| 18614 | employers, pursuant to the terms of a memorandum of |
| 18615 | understanding. The memorandum of understanding must state that |
| 18616 | the agent affirms, subject to the criminal penalties contained |
| 18617 | in ss. 443.171 and 443.1715, that the agent will retain the |
| 18618 | confidentiality of the information, that the agent has in effect |
| 18619 | a power of attorney from the employer which permits the agent to |
| 18620 | obtain unemployment tax rate information, and that the agent |
| 18621 | shall provide the department with a copy of the employer's power |
| 18622 | of attorney upon request. |
| 18623 | (7)(a) Any information received by the Department of |
| 18624 | Revenue in connection with the administration of taxes, |
| 18625 | including, but not limited to, information contained in returns, |
| 18626 | reports, accounts, or declarations filed by persons subject to |
| 18627 | tax, shall be made available to the following in performance of |
| 18628 | their official duties: |
| 18629 | 1. The Auditor General or his or her authorized agent; |
| 18630 | 2. The director of the Office of Program Policy Analysis |
| 18631 | and Government Accountability or his or her authorized agent; |
| 18632 | 3. The Chief Financial Officer or his or her authorized |
| 18633 | agent; |
| 18634 | 4. The Director of the Office of Insurance Regulation of |
| 18635 | the Financial Services Commission or his or her authorized |
| 18636 | agent; |
| 18637 | 5. A property appraiser or tax collector or their |
| 18638 | authorized agents pursuant to s. 195.084(1); or |
| 18639 | 6. Designated employees of the Department of Education |
| 18640 | solely for determination of each school district's price level |
| 18641 | index pursuant to s. 1011.62(2); and |
| 18642 | 7. The Commissioner of Economic Opportunity or his or her |
| 18643 | authorized agent. |
| 18644 | (8) Notwithstanding any other provision of this section, |
| 18645 | the department may provide: |
| 18646 | (k)1. Payment information relative to chapters 199, 201, |
| 18647 | 202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and |
| 18648 | Economic Development, or its employees or agents that are |
| 18649 | identified in writing by the office to the department, in the |
| 18650 | administration of the tax refund program for qualified defense |
| 18651 | contractors and space flight business contractors authorized by |
| 18652 | s. 288.1045 and the tax refund program for qualified target |
| 18653 | industry businesses authorized by s. 288.106. |
| 18654 | 2. Information relative to tax credits taken by a business |
| 18655 | under s. 220.191 and exemptions or tax refunds received by a |
| 18656 | business under s. 212.08(5)(j) to the Office of Tourism, Trade, |
| 18657 | and Economic Development, or its employees or agents that are |
| 18658 | identified in writing by to the department, in the |
| 18659 | administration and evaluation of the capital investment tax |
| 18660 | credit program authorized in s. 220.191 and the semiconductor, |
| 18661 | defense, and space tax exemption program authorized in s. |
| 18662 | 212.08(5)(j). |
| 18663 | 3. Information relative to tax credits taken by a taxpayer |
| 18664 | pursuant to the tax credit programs created in ss. 193.017; |
| 18665 | 212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097; |
| 18666 | 212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185; |
| 18667 | 220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99; |
| 18668 | 290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352; |
| 18669 | 550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to |
| 18670 | the Office of Tourism, Trade, and Economic Development, or its |
| 18671 | employees or agents that are identified in writing by the office |
| 18672 | to the department, for use in the administration or evaluation |
| 18673 | of such programs. |
| 18674 | |
| 18675 | Disclosure of information under this subsection shall be |
| 18676 | pursuant to a written agreement between the executive director |
| 18677 | and the agency. Such agencies, governmental or nongovernmental, |
| 18678 | shall be bound by the same requirements of confidentiality as |
| 18679 | the Department of Revenue. Breach of confidentiality is a |
| 18680 | misdemeanor of the first degree, punishable as provided by s. |
| 18681 | 775.082 or s. 775.083. |
| 18682 | (t) Information relative to the tax exemptions under ss. |
| 18683 | 212.031, 212.06, and 212.08 for those persons qualified under s. |
| 18684 | 288.1258 to the Office of Film and Entertainment. The Department |
| 18685 | of Revenue shall provide the Office of Film and Entertainment |
| 18686 | with information in the aggregate. |
| 18687 | (w) Tax registration information to the Agency for |
| 18688 | Workforce Innovation for use in the conduct of its official |
| 18689 | duties, which information may not be redisclosed by the Agency |
| 18690 | for Workforce Innovation. |
| 18691 | (bb) Information relative to tax credits taken under s. |
| 18692 | 288.1254 to the Office of Film and Entertainment and the Office |
| 18693 | of Tourism, Trade, and Economic Development. |
| 18694 |
|
| 18695 | Disclosure of information under this subsection shall be |
| 18696 | pursuant to a written agreement between the executive director |
| 18697 | and the agency. Such agencies, governmental or nongovernmental, |
| 18698 | shall be bound by the same requirements of confidentiality as |
| 18699 | the Department of Revenue. Breach of confidentiality is a |
| 18700 | misdemeanor of the first degree, punishable as provided by s. |
| 18701 | 775.082 or s. 775.083. |
| 18702 | (19) The department may disclose information relative to |
| 18703 | tax credits taken by a taxpayer pursuant to s. 288.9916 to the |
| 18704 | Office of Tourism, Trade, and Economic Development or its |
| 18705 | employees or agents. Such employees must be identified in |
| 18706 | writing by the office to the department. All information |
| 18707 | disclosed under this subsection is subject to the same |
| 18708 | requirements of confidentiality and the same penalties for |
| 18709 | violation of the requirements as the department. |
| 18710 | (19)(20)(a) The department may publish a list of taxpayers |
| 18711 | against whom the department has filed a warrant, notice of lien, |
| 18712 | or judgment lien certificate. The list may include the name and |
| 18713 | address of each taxpayer; the amounts and types of delinquent |
| 18714 | taxes, fees, or surcharges, penalties, or interest; and the |
| 18715 | employer identification number or other taxpayer identification |
| 18716 | number. |
| 18717 | (b) The department shall update the list at least monthly |
| 18718 | to reflect payments for resolution of deficiencies and to |
| 18719 | otherwise add or remove taxpayers from the list. |
| 18720 | (c) The department may adopt rules to administer this |
| 18721 | subsection. |
| 18722 | (20)(21) The department may disclose information relating |
| 18723 | to taxpayers against whom the department has filed a warrant, |
| 18724 | notice of lien, or judgment lien certificate. Such information |
| 18725 | includes the name and address of the taxpayer, the actions |
| 18726 | taken, the amounts and types of liabilities, and the amount of |
| 18727 | any collections made. |
| 18728 | Section 433. Paragraph (b) of subsection (8) of section |
| 18729 | 216.136, Florida Statutes, is amended to read: |
| 18730 | 216.136 Consensus estimating conferences; duties and |
| 18731 | principals.- |
| 18732 | (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.- |
| 18733 | (b) The Department of Economic Opportunity Agency for |
| 18734 | Workforce Innovation shall provide information on needs and |
| 18735 | waiting lists for school readiness programs, and information on |
| 18736 | the needs for the Voluntary Prekindergarten Education Program, |
| 18737 | as requested by the Early Learning Programs Estimating |
| 18738 | Conference or individual conference principals in a timely |
| 18739 | manner. |
| 18740 | Section 434. Paragraph (a) of subsection (6) of section |
| 18741 | 216.292, Florida Statutes, is amended to read: |
| 18742 | 216.292 Appropriations nontransferable; exceptions.- |
| 18743 | (6) The Chief Financial Officer shall transfer from any |
| 18744 | available funds of an agency or the judicial branch the |
| 18745 | following amounts and shall report all such transfers and the |
| 18746 | reasons therefor to the legislative appropriations committees |
| 18747 | and the Executive Office of the Governor: |
| 18748 | (a) The amount due to the Unemployment Compensation Trust |
| 18749 | Fund which is more than 90 days delinquent on reimbursements due |
| 18750 | to the Unemployment Compensation Trust Fund. The amount |
| 18751 | transferred shall be that certified by the Department of Revenue |
| 18752 | as the state agency providing unemployment tax collection |
| 18753 | services under an interagency agreement contract with the |
| 18754 | Department of Economic Opportunity Agency for Workforce |
| 18755 | Innovation through an interagency agreement pursuant to s. |
| 18756 | 443.1316. |
| 18757 | Section 435. Subsection (1) of section 216.231, Florida |
| 18758 | Statutes, is amended to read: |
| 18759 | 216.231 Release of certain classified appropriations.- |
| 18760 | (1)(a) Any appropriation to the Executive Office of the |
| 18761 | Governor which is classified as an "emergency," as defined in s. |
| 18762 | 252.34(3), may be released only with the approval of the |
| 18763 | Governor. The state agency, or the judicial branch, desiring the |
| 18764 | use of the emergency appropriation shall submit to the Executive |
| 18765 | Office of the Governor an application therefor in writing |
| 18766 | setting forth the facts from which the alleged need arises. The |
| 18767 | Executive Office of the Governor shall, at a public hearing, |
| 18768 | review such application promptly and approve or disapprove the |
| 18769 | applications as the circumstances may warrant. All actions of |
| 18770 | the Executive Office of the Governor shall be reported to the |
| 18771 | legislative appropriations committees, and the committees may |
| 18772 | advise the Executive Office of the Governor relative to the |
| 18773 | release of such funds. |
| 18774 | (b) The release of appropriated funds classified as |
| 18775 | "emergency" shall be approved only when an act or circumstance |
| 18776 | caused by an act of God, civil disturbance, natural disaster, or |
| 18777 | other circumstance of an emergency nature threatens, endangers, |
| 18778 | or damages the property, safety, health, or welfare of the state |
| 18779 | or its residents citizens, which condition has not been provided |
| 18780 | for in appropriation acts of the Legislature. Funds allocated |
| 18781 | for this purpose may be used to pay overtime pay to personnel of |
| 18782 | agencies called upon to perform extra duty because of any civil |
| 18783 | disturbance or other emergency as defined in s. 252.34(3) and to |
| 18784 | provide the required state match for federal grants under the |
| 18785 | federal Disaster Relief Act. |
| 18786 | Section 436. Paragraph (ff) of subsection (1) of section |
| 18787 | 220.03, Florida Statutes, is amended to read: |
| 18788 | 220.03 Definitions.- |
| 18789 | (1) SPECIFIC TERMS.-When used in this code, and when not |
| 18790 | otherwise distinctly expressed or manifestly incompatible with |
| 18791 | the intent thereof, the following terms shall have the following |
| 18792 | meanings: |
| 18793 | (ff) "Job" means a full-time position, as consistent with |
| 18794 | terms used by the Department of Economic Opportunity the Agency |
| 18795 | for Workforce Innovation and the United States Department of |
| 18796 | Labor for purposes of unemployment compensation tax |
| 18797 | administration and employment estimation resulting directly from |
| 18798 | business operations in this state. The term may not include a |
| 18799 | temporary construction job involved with the construction of |
| 18800 | facilities or any job that has previously been included in any |
| 18801 | application for tax credits under s. 212.096. The term also |
| 18802 | includes employment of an employee leased from an employee |
| 18803 | leasing company licensed under chapter 468 if the employee has |
| 18804 | been continuously leased to the employer for an average of at |
| 18805 | least 36 hours per week for more than 6 months. |
| 18806 | Section 437. Subsection (2) of section 222.15, Florida |
| 18807 | Statutes, is amended to read: |
| 18808 | 222.15 Wages or unemployment compensation payments due |
| 18809 | deceased employee may be paid spouse or certain relatives.- |
| 18810 | (2) It is also lawful for the Department of Economic |
| 18811 | Opportunity the Agency for Workforce Innovation, in case of |
| 18812 | death of any unemployed individual, to pay to those persons |
| 18813 | referred to in subsection (1) any unemployment compensation |
| 18814 | payments that may be due to the individual at the time of his or |
| 18815 | her death. |
| 18816 | Section 438. Subsections (3) and (4) of section 250.06, |
| 18817 | Florida Statutes, are amended to read: |
| 18818 | 250.06 Commander in chief.- |
| 18819 | (3) The Governor may, in order to preserve the public |
| 18820 | peace, execute the laws of the state, suppress insurrection, |
| 18821 | repel invasion, respond to an emergency as defined in s. |
| 18822 | 252.34(3) or imminent danger thereof, or, in case of the calling |
| 18823 | of all or any portion of the militia of this state Florida into |
| 18824 | the services of the United States, may increase the Florida |
| 18825 | National Guard and organize it in accordance with rules and |
| 18826 | regulations governing the Armed Forces of the United States. |
| 18827 | Such organization and increase may be pursuant to or in advance |
| 18828 | of any call made by the President of the United States. If the |
| 18829 | Florida National Guard is activated into service of the United |
| 18830 | States, another organization may not be designated as the |
| 18831 | Florida National Guard. |
| 18832 | (4) The Governor may, in order to preserve the public |
| 18833 | peace, execute the laws of the state, enhance domestic security, |
| 18834 | respond to terrorist threats or attacks, respond to an emergency |
| 18835 | as defined in s. 252.34(3) or imminent danger thereof, or |
| 18836 | respond to any need for emergency aid to civil authorities as |
| 18837 | specified in s. 250.28, order into state active duty all or any |
| 18838 | part of the militia which he or she deems proper. |
| 18839 | Section 439. Paragraph (b) of subsection (1) of section |
| 18840 | 255.099, Florida Statutes, is amended to read: |
| 18841 | 255.099 Preference to state residents.- |
| 18842 | (1) Each contract for construction that is funded by state |
| 18843 | funds must contain a provision requiring the contractor to give |
| 18844 | preference to the employment of state residents in the |
| 18845 | performance of the work on the project if state residents have |
| 18846 | substantially equal qualifications to those of nonresidents. A |
| 18847 | contract for construction funded by local funds may contain such |
| 18848 | a provision. |
| 18849 | (b) A contractor required to employ state residents must |
| 18850 | contact the Department of Economic Opportunity the Agency for |
| 18851 | Workforce Innovation to post the contractor's employment needs |
| 18852 | in the state's job bank system. |
| 18853 | Section 440. Section 287.09431, Florida Statutes, is |
| 18854 | amended to read: |
| 18855 | 287.09431 Statewide and interlocal agreement on |
| 18856 | certification of business concerns for the status of minority |
| 18857 | business enterprise.-The statewide and interlocal agreement on |
| 18858 | certification of business concerns for the status of minority |
| 18859 | business enterprise is hereby enacted and entered into with all |
| 18860 | jurisdictions or organizations legally joining therein. If, |
| 18861 | within 2 years from the date that the certification core |
| 18862 | criteria are approved by the Department of Management Services |
| 18863 | Department of Labor and Employment Security, the agreement |
| 18864 | included herein is not executed by a majority of county and |
| 18865 | municipal governing bodies that administer a minority business |
| 18866 | assistance program on the effective date of this act, then the |
| 18867 | Legislature shall review this agreement. It is the intent of the |
| 18868 | Legislature that if the agreement is not executed by a majority |
| 18869 | of the requisite governing bodies, then a statewide uniform |
| 18870 | certification process should be adopted, and that said agreement |
| 18871 | should be repealed and replaced by a mandatory state government |
| 18872 | certification process. |
| 18873 |
|
| 18874 | ARTICLE I |
| 18875 |
|
| 18876 | PURPOSE, FINDINGS, AND POLICY.- |
| 18877 | (1) The parties to this agreement, desiring by common |
| 18878 | action to establish a uniform certification process in order to |
| 18879 | reduce the multiplicity of applications by business concerns to |
| 18880 | state and local governmental programs for minority business |
| 18881 | assistance, declare that it is the policy of each of them, on |
| 18882 | the basis of cooperation with one another, to remedy social and |
| 18883 | economic disadvantage suffered by certain groups, resulting in |
| 18884 | their being historically underutilized in ownership and control |
| 18885 | of commercial enterprises. Thus, the parties seek to address |
| 18886 | this history by increasing the participation of the identified |
| 18887 | groups in opportunities afforded by government procurement. |
| 18888 | (2) The parties find that the State of Florida presently |
| 18889 | certifies firms for participation in the minority business |
| 18890 | assistance programs of the state. The parties find further that |
| 18891 | some counties, municipalities, school boards, special districts, |
| 18892 | and other divisions of local government require a separate, yet |
| 18893 | similar, and in most cases redundant certification in order for |
| 18894 | businesses to participate in the programs sponsored by each |
| 18895 | government entity. |
| 18896 | (3) The parties find further that this redundant |
| 18897 | certification has proven to be unduly burdensome to the |
| 18898 | minority-owned firms intended to benefit from the underlying |
| 18899 | purchasing incentives. |
| 18900 | (4) The parties agree that: |
| 18901 | (a) They will facilitate integrity, stability, and |
| 18902 | cooperation in the statewide and interlocal certification |
| 18903 | process, and in other elements of programs established to assist |
| 18904 | minority-owned businesses. |
| 18905 | (b) They shall cooperate with agencies, organizations, and |
| 18906 | associations interested in certification and other elements of |
| 18907 | minority business assistance. |
| 18908 | (c) It is the purpose of this agreement to provide for a |
| 18909 | uniform process whereby the status of a business concern may be |
| 18910 | determined in a singular review of the business information for |
| 18911 | these purposes, in order to eliminate any undue expense, delay, |
| 18912 | or confusion to the minority-owned businesses in seeking to |
| 18913 | participate in the minority business assistance programs of |
| 18914 | state and local jurisdictions. |
| 18915 |
|
| 18916 | ARTICLE II |
| 18917 |
|
| 18918 | DEFINITIONS.-As used in this agreement and contracts made |
| 18919 | pursuant to it, unless the context clearly requires otherwise: |
| 18920 | (1) "Awarding organization" means any political |
| 18921 | subdivision or organization authorized by law, ordinance, or |
| 18922 | agreement to enter into contracts and for which the governing |
| 18923 | body has entered into this agreement. |
| 18924 | (2) "Department" means the Department of Management |
| 18925 | Services Department of Labor and Employment Security. |
| 18926 | (3) "Minority" means a person who is a lawful, permanent |
| 18927 | resident of the state, having origins in one of the minority |
| 18928 | groups as described and adopted by the Department of Management |
| 18929 | Services Department of Labor and Employment Security, hereby |
| 18930 | incorporated by reference. |
| 18931 | (4) "Minority business enterprise" means any small |
| 18932 | business concern as defined in subsection (6) that meets all of |
| 18933 | the criteria described and adopted by the Department of |
| 18934 | Management Services Department of Labor and Employment Security, |
| 18935 | hereby incorporated by reference. |
| 18936 | (5) "Participating state or local organization" means any |
| 18937 | political subdivision of the state or organization designated by |
| 18938 | such that elects to participate in the certification process |
| 18939 | pursuant to this agreement, which has been approved according to |
| 18940 | s. 287.0943(3) and has legally entered into this agreement. |
| 18941 | (6) "Small business concern" means an independently owned |
| 18942 | and operated business concern which is of a size and type as |
| 18943 | described and adopted by vote related to this agreement of the |
| 18944 | commission, hereby incorporated by reference. |
| 18945 |
|
| 18946 | ARTICLE III |
| 18947 |
|
| 18948 | STATEWIDE AND INTERLOCAL CERTIFICATIONS.- |
| 18949 | (1) All awarding organizations shall accept a |
| 18950 | certification granted by any participating organization which |
| 18951 | has been approved according to s. 287.0943(3) and has entered |
| 18952 | into this agreement, as valid status of minority business |
| 18953 | enterprise. |
| 18954 | (2) A participating organization shall certify a business |
| 18955 | concern that meets the definition of minority business |
| 18956 | enterprise in this agreement, in accordance with the duly |
| 18957 | adopted eligibility criteria. |
| 18958 | (3) All participating organizations shall issue notice of |
| 18959 | certification decisions granting or denying certification to all |
| 18960 | other participating organizations within 14 days of the |
| 18961 | decision. Such notice may be made through electronic media. |
| 18962 | (4) No certification will be granted without an onsite |
| 18963 | visit to verify ownership and control of the prospective |
| 18964 | minority business enterprise, unless verification can be |
| 18965 | accomplished by other methods of adequate verification or |
| 18966 | assessment of ownership and control. |
| 18967 | (5) The certification of a minority business enterprise |
| 18968 | pursuant to the terms of this agreement shall not be suspended, |
| 18969 | revoked, or otherwise impaired except on any grounds which would |
| 18970 | be sufficient for revocation or suspension of a certification in |
| 18971 | the jurisdiction of the participating organization. |
| 18972 | (6) The certification determination of a party may be |
| 18973 | challenged by any other participating organization by the |
| 18974 | issuance of a timely written notice by the challenging |
| 18975 | organization to the certifying organization's determination |
| 18976 | within 10 days of receiving notice of the certification |
| 18977 | decision, stating the grounds therefor. |
| 18978 | (7) The sole accepted grounds for challenge shall be the |
| 18979 | failure of the certifying organization to adhere to the adopted |
| 18980 | criteria or the certifying organization's rules or procedures, |
| 18981 | or the perpetuation of a misrepresentation or fraud by the firm. |
| 18982 | (8) The certifying organization shall reexamine its |
| 18983 | certification determination and submit written notice to the |
| 18984 | applicant and the challenging organization of its findings |
| 18985 | within 30 days after the receipt of the notice of challenge. |
| 18986 | (9) If the certification determination is affirmed, the |
| 18987 | challenging agency may subsequently submit timely written notice |
| 18988 | to the firm of its intent to revoke certification of the firm. |
| 18989 |
|
| 18990 | ARTICLE IV |
| 18991 |
|
| 18992 | APPROVED AND ACCEPTED PROGRAMS.-Nothing in this agreement |
| 18993 | shall be construed to repeal or otherwise modify any ordinance, |
| 18994 | law, or regulation of a party relating to the existing minority |
| 18995 | business assistance provisions and procedures by which minority |
| 18996 | business enterprises participate therein. |
| 18997 |
|
| 18998 | ARTICLE V |
| 18999 |
|
| 19000 | TERM.-The term of the agreement shall be 5 years, after |
| 19001 | which it may be reexecuted by the parties. |
| 19002 |
|
| 19003 | ARTICLE VI |
| 19004 |
|
| 19005 | AGREEMENT EVALUATION.-The designated state and local |
| 19006 | officials may meet from time to time as a group to evaluate |
| 19007 | progress under the agreement, to formulate recommendations for |
| 19008 | changes, or to propose a new agreement. |
| 19009 |
|
| 19010 | ARTICLE VII |
| 19011 |
|
| 19012 | OTHER ARRANGEMENTS.-Nothing in this agreement shall be |
| 19013 | construed to prevent or inhibit other arrangements or practices |
| 19014 | of any party in order to comply with federal law. |
| 19015 |
|
| 19016 | ARTICLE VIII |
| 19017 |
|
| 19018 | EFFECT AND WITHDRAWAL.- |
| 19019 | (1) This agreement shall become effective when properly |
| 19020 | executed by a legal representative of the participating |
| 19021 | organization, when enacted into the law of the state and after |
| 19022 | an ordinance or other legislation is enacted into law by the |
| 19023 | governing body of each participating organization. Thereafter it |
| 19024 | shall become effective as to any participating organization upon |
| 19025 | the enactment of this agreement by the governing body of that |
| 19026 | organization. |
| 19027 | (2) Any party may withdraw from this agreement by enacting |
| 19028 | legislation repealing the same, but no such withdrawal shall |
| 19029 | take effect until one year after the governing body of the |
| 19030 | withdrawing party has given notice in writing of the withdrawal |
| 19031 | to the other parties. |
| 19032 | (3) No withdrawal shall relieve the withdrawing party of |
| 19033 | any obligations imposed upon it by law. |
| 19034 |
|
| 19035 | ARTICLE IX |
| 19036 |
|
| 19037 | FINANCIAL RESPONSIBILITY.- |
| 19038 | (1) A participating organization shall not be financially |
| 19039 | responsible or liable for the obligations of any other |
| 19040 | participating organization related to this agreement. |
| 19041 | (2) The provisions of this agreement shall constitute |
| 19042 | neither a waiver of any governmental immunity under Florida law |
| 19043 | nor a waiver of any defenses of the parties under Florida law. |
| 19044 | The provisions of this agreement are solely for the benefit of |
| 19045 | its executors and not intended to create or grant any rights, |
| 19046 | contractual or otherwise, to any person or entity. |
| 19047 |
|
| 19048 | ARTICLE X |
| 19049 |
|
| 19050 | VENUE AND GOVERNING LAW.-The obligations of the parties to |
| 19051 | this agreement are performable only within the county where the |
| 19052 | participating organization is located, and statewide for the |
| 19053 | Office of Supplier Diversity, and venue for any legal action in |
| 19054 | connection with this agreement shall lie, for any participating |
| 19055 | organization except the Office of Supplier Diversity, |
| 19056 | exclusively in the county where the participating organization |
| 19057 | is located. This agreement shall be governed by and construed in |
| 19058 | accordance with the laws and court decisions of the state. |
| 19059 |
|
| 19060 | ARTICLE XI |
| 19061 |
|
| 19062 | CONSTRUCTION AND SEVERABILITY.-This agreement shall be |
| 19063 | liberally construed so as to effectuate the purposes thereof. |
| 19064 | The provisions of this agreement shall be severable and if any |
| 19065 | phrase, clause, sentence, or provision of this agreement is |
| 19066 | declared to be contrary to the State Constitution or the United |
| 19067 | States Constitution, or the application thereof to any |
| 19068 | government, agency, person, or circumstance is held invalid, the |
| 19069 | validity of the remainder of this agreement and the |
| 19070 | applicability thereof to any government, agency, person, or |
| 19071 | circumstance shall not be affected thereby. If this agreement |
| 19072 | shall be held contrary to the State Constitution, the agreement |
| 19073 | shall remain in full force and effect as to all severable |
| 19074 | matters. |
| 19075 | Section 441. Paragraphs (h) and (o) of subsection (4) of |
| 19076 | section 287.09451, Florida Statutes, are amended to read: |
| 19077 | 287.09451 Office of Supplier Diversity; powers, duties, |
| 19078 | and functions.- |
| 19079 | (4) The Office of Supplier Diversity shall have the |
| 19080 | following powers, duties, and functions: |
| 19081 | (h) To develop procedures to investigate complaints |
| 19082 | against minority business enterprises or contractors alleged to |
| 19083 | violate any provision related to this section or s. 287.0943, |
| 19084 | that may include visits to worksites or business premises, and |
| 19085 | to refer all information on businesses suspected of |
| 19086 | misrepresenting minority status to the Department of Management |
| 19087 | Services for investigation. When an investigation is completed |
| 19088 | and there is reason to believe that a violation has occurred, |
| 19089 | the Department of Labor and Employment Security shall refer the |
| 19090 | matter shall be referred to the office of the Attorney General, |
| 19091 | Department of Legal Affairs, for prosecution. |
| 19092 | (o)1. To establish a system to record and measure the use |
| 19093 | of certified minority business enterprises in state contracting. |
| 19094 | This system shall maintain information and statistics on |
| 19095 | certified minority business enterprise participation, awards, |
| 19096 | dollar volume of expenditures and agency goals, and other |
| 19097 | appropriate types of information to analyze progress in the |
| 19098 | access of certified minority business enterprises to state |
| 19099 | contracts and to monitor agency compliance with this section. |
| 19100 | Such reporting must include, but is not limited to, the |
| 19101 | identification of all subcontracts in state contracting by |
| 19102 | dollar amount and by number of subcontracts and the |
| 19103 | identification of the utilization of certified minority business |
| 19104 | enterprises as prime contractors and subcontractors by dollar |
| 19105 | amounts of contracts and subcontracts, number of contracts and |
| 19106 | subcontracts, minority status, industry, and any conditions or |
| 19107 | circumstances that significantly affected the performance of |
| 19108 | subcontractors. Agencies shall report their compliance with the |
| 19109 | requirements of this reporting system at least annually and at |
| 19110 | the request of the office. All agencies shall cooperate with the |
| 19111 | office in establishing this reporting system. Except in |
| 19112 | construction contracting, all agencies shall review contracts |
| 19113 | costing in excess of CATEGORY FOUR as defined in s. 287.017 to |
| 19114 | determine if such contracts could be divided into smaller |
| 19115 | contracts to be separately solicited and awarded, and shall, |
| 19116 | when economical, offer such smaller contracts to encourage |
| 19117 | minority participation. |
| 19118 | 2. To report agency compliance with the provisions of |
| 19119 | subparagraph 1. for the preceding fiscal year to the Governor |
| 19120 | and Cabinet, the President of the Senate, and the Speaker of the |
| 19121 | House of Representatives, and the secretary of the Department of |
| 19122 | Labor and Employment Security on or before February 1 of each |
| 19123 | year. The report must contain, at a minimum, the following: |
| 19124 | a. Total expenditures of each agency by industry. |
| 19125 | b. The dollar amount and percentage of contracts awarded |
| 19126 | to certified minority business enterprises by each state agency. |
| 19127 | c. The dollar amount and percentage of contracts awarded |
| 19128 | indirectly to certified minority business enterprises as |
| 19129 | subcontractors by each state agency. |
| 19130 | d. The total dollar amount and percentage of contracts |
| 19131 | awarded to certified minority business enterprises, whether |
| 19132 | directly or indirectly, as subcontractors. |
| 19133 | e. A statement and assessment of good faith efforts taken |
| 19134 | by each state agency. |
| 19135 | f. A status report of agency compliance with subsection |
| 19136 | (6), as determined by the Minority Business Enterprise Office. |
| 19137 | Section 442. Subsections (2), (4), and (5) of section |
| 19138 | 331.369, Florida Statutes, are transferred, renumbered as |
| 19139 | section 445.061, Florida Statutes, and amended to read: |
| 19140 | 445.061 331.369 Space Industry Workforce Initiative.- |
| 19141 | (1)(2) Workforce Florida, Inc., The Workforce Development |
| 19142 | Board of Enterprise Florida, Inc., or its successor entity, |
| 19143 | shall coordinate development of a Space Industry Workforce |
| 19144 | Initiative in partnership with Space Florida, public and private |
| 19145 | universities, community colleges, and other training providers |
| 19146 | approved by the board. The purpose of the initiative is to use |
| 19147 | or revise existing programs and to develop innovative new |
| 19148 | programs to address the workforce needs of the aerospace |
| 19149 | industry. |
| 19150 | (2)(4) Workforce Florida, Inc., The Workforce Development |
| 19151 | Board of Enterprise Florida, Inc., or its successor entity, with |
| 19152 | the assistance of Enterprise Florida, Inc., and Space Florida, |
| 19153 | shall convene representatives from the aerospace industry to |
| 19154 | identify the priority training and education needs of the |
| 19155 | industry and to appoint a team to design programs to meet the |
| 19156 | priority needs. |
| 19157 | (3)(5) Workforce Florida, Inc., The Workforce Development |
| 19158 | Board of Enterprise Florida, Inc., or its successor entity, as |
| 19159 | part of its statutorily prescribed annual report to the |
| 19160 | Legislature, shall provide recommendations for policies, |
| 19161 | programs, and funding to enhance the workforce needs of the |
| 19162 | aerospace industry. |
| 19163 | Section 443. Subsection (6) of section 381.0086, Florida |
| 19164 | Statutes, is amended to read: |
| 19165 | 381.0086 Rules; variances; penalties.- |
| 19166 | (6) For the purposes of filing an interstate clearance |
| 19167 | order with the Department of Economic Opportunity the Agency for |
| 19168 | Workforce Innovation, if the housing is covered by 20 C.F.R. |
| 19169 | part 654, subpart E, no permanent structural variance referred |
| 19170 | to in subsection (2) is allowed. |
| 19171 | Section 444. Paragraph (b) of subsection (1) and |
| 19172 | subsection (2) of section 383.14, Florida Statutes, are amended |
| 19173 | to read: |
| 19174 | 383.14 Screening for metabolic disorders, other hereditary |
| 19175 | and congenital disorders, and environmental risk factors.- |
| 19176 | (1) SCREENING REQUIREMENTS.-To help ensure access to the |
| 19177 | maternal and child health care system, the Department of Health |
| 19178 | shall promote the screening of all newborns born in Florida for |
| 19179 | metabolic, hereditary, and congenital disorders known to result |
| 19180 | in significant impairment of health or intellect, as screening |
| 19181 | programs accepted by current medical practice become available |
| 19182 | and practical in the judgment of the department. The department |
| 19183 | shall also promote the identification and screening of all |
| 19184 | newborns in this state and their families for environmental risk |
| 19185 | factors such as low income, poor education, maternal and family |
| 19186 | stress, emotional instability, substance abuse, and other high- |
| 19187 | risk conditions associated with increased risk of infant |
| 19188 | mortality and morbidity to provide early intervention, |
| 19189 | remediation, and prevention services, including, but not limited |
| 19190 | to, parent support and training programs, home visitation, and |
| 19191 | case management. Identification, perinatal screening, and |
| 19192 | intervention efforts shall begin prior to and immediately |
| 19193 | following the birth of the child by the attending health care |
| 19194 | provider. Such efforts shall be conducted in hospitals, |
| 19195 | perinatal centers, county health departments, school health |
| 19196 | programs that provide prenatal care, and birthing centers, and |
| 19197 | reported to the Office of Vital Statistics. |
| 19198 | (b) Postnatal screening.-A risk factor analysis using the |
| 19199 | department's designated risk assessment instrument shall also be |
| 19200 | conducted as part of the medical screening process upon the |
| 19201 | birth of a child and submitted to the department's Office of |
| 19202 | Vital Statistics for recording and other purposes provided for |
| 19203 | in this chapter. The department's screening process for risk |
| 19204 | assessment shall include a scoring mechanism and procedures that |
| 19205 | establish thresholds for notification, further assessment, |
| 19206 | referral, and eligibility for services by professionals or |
| 19207 | paraprofessionals consistent with the level of risk. Procedures |
| 19208 | for developing and using the screening instrument, notification, |
| 19209 | referral, and care coordination services, reporting |
| 19210 | requirements, management information, and maintenance of a |
| 19211 | computer-driven registry in the Office of Vital Statistics which |
| 19212 | ensures privacy safeguards must be consistent with the |
| 19213 | provisions and plans established under chapter 411, Pub. L. No. |
| 19214 | 99-457, and this chapter. Procedures established for reporting |
| 19215 | information and maintaining a confidential registry must include |
| 19216 | a mechanism for a centralized information depository at the |
| 19217 | state and county levels. The department shall coordinate with |
| 19218 | existing risk assessment systems and information registries. The |
| 19219 | department must ensure, to the maximum extent possible, that the |
| 19220 | screening information registry is integrated with the |
| 19221 | department's automated data systems, including the Florida On- |
| 19222 | line Recipient Integrated Data Access (FLORIDA) system. Tests |
| 19223 | and screenings must be performed by the State Public Health |
| 19224 | Laboratory, in coordination with Children's Medical Services, at |
| 19225 | such times and in such manner as is prescribed by the department |
| 19226 | after consultation with the Genetics and Newborn Infant |
| 19227 | Screening Advisory Council and the Agency for Workforce |
| 19228 | Innovation. |
| 19229 | (2) RULES.-After consultation with the Genetics and |
| 19230 | Newborn Screening Advisory Council, the department shall adopt |
| 19231 | and enforce rules requiring that every newborn in this state |
| 19232 | shall, prior to becoming 1 week of age, be subjected to a test |
| 19233 | for phenylketonuria and, at the appropriate age, be tested for |
| 19234 | such other metabolic diseases and hereditary or congenital |
| 19235 | disorders as the department may deem necessary from time to |
| 19236 | time. After consultation with the Agency for Workforce |
| 19237 | Innovation, The department shall also adopt and enforce rules |
| 19238 | requiring every newborn in this state to be screened for |
| 19239 | environmental risk factors that place children and their |
| 19240 | families at risk for increased morbidity, mortality, and other |
| 19241 | negative outcomes. The department shall adopt such additional |
| 19242 | rules as are found necessary for the administration of this |
| 19243 | section and s. 383.145, including rules providing definitions of |
| 19244 | terms, rules relating to the methods used and time or times for |
| 19245 | testing as accepted medical practice indicates, rules relating |
| 19246 | to charging and collecting fees for the administration of the |
| 19247 | newborn screening program authorized by this section, rules for |
| 19248 | processing requests and releasing test and screening results, |
| 19249 | and rules requiring mandatory reporting of the results of tests |
| 19250 | and screenings for these conditions to the department. |
| 19251 | Section 445. Paragraph (b) of subsection (3) of section |
| 19252 | 402.281, Florida Statutes, is amended to read: |
| 19253 | 402.281 Gold Seal Quality Care program.- |
| 19254 | (3) |
| 19255 | (b) In approving accrediting associations, the department |
| 19256 | shall consult with the Department of Education, the Department |
| 19257 | of Economic Opportunity Agency for Workforce Innovation, the |
| 19258 | Florida Head Start Directors Association, the Florida |
| 19259 | Association of Child Care Management, the Florida Family Day |
| 19260 | Care Association, the Florida Children's Forum, the Early |
| 19261 | Childhood Association of Florida, the Child Development |
| 19262 | Education Alliance, providers receiving exemptions under s. |
| 19263 | 402.316, and parents. |
| 19264 | Section 446. Subsection (6) of section 402.45, Florida |
| 19265 | Statutes, is amended to read: |
| 19266 | 402.45 Community resource mother or father program.- |
| 19267 | (6) Individuals under contract to provide community |
| 19268 | resource mother or father services shall participate in |
| 19269 | preservice and ongoing training as determined by the Department |
| 19270 | of Health in consultation with the Department of Economic |
| 19271 | Opportunity Agency for Workforce Innovation. A community |
| 19272 | resource mother or father shall not be assigned a client |
| 19273 | caseload until all preservice training requirements are |
| 19274 | completed. |
| 19275 | Section 447. Subsection (4) of section 402.56, Florida |
| 19276 | Statutes, is amended to read: |
| 19277 | 402.56 Children's cabinet; organization; responsibilities; |
| 19278 | annual report.- |
| 19279 | (4) MEMBERS.-The cabinet shall consist of 15 members |
| 19280 | including the Governor and the following persons: |
| 19281 | (a)1. The Secretary of Children and Family Services; |
| 19282 | 2. The Secretary of Juvenile Justice; |
| 19283 | 3. The director of the Agency for Persons with |
| 19284 | Disabilities; |
| 19285 | 4. The Commissioner of Economic Opportunity director of |
| 19286 | the Agency for Workforce Innovation; |
| 19287 | 5. The State Surgeon General; |
| 19288 | 6. The Secretary of Health Care Administration; |
| 19289 | 7. The Commissioner of Education; |
| 19290 | 8. The director of the Statewide Guardian Ad Litem Office; |
| 19291 | 9. The director of the Office of Child Abuse Prevention; |
| 19292 | and |
| 19293 | 10. Five members representing children and youth advocacy |
| 19294 | organizations, who are not service providers and who are |
| 19295 | appointed by the Governor. |
| 19296 | (b) The President of the Senate, the Speaker of the House |
| 19297 | of Representatives, the Chief Justice of the Supreme Court, the |
| 19298 | Attorney General, and the Chief Financial Officer, or their |
| 19299 | appointed designees, shall serve as ex officio members of the |
| 19300 | cabinet. |
| 19301 | (c) The Governor or the Governor's designee shall serve as |
| 19302 | the chair of the cabinet. |
| 19303 | (d) Nongovernmental members of the cabinet shall serve |
| 19304 | without compensation, but are entitled to receive per diem and |
| 19305 | travel expenses in accordance with s. 112.061 while in |
| 19306 | performance of their duties. |
| 19307 | Section 448. Paragraph (m) of subsection (5) of section |
| 19308 | 403.7032, Florida Statutes, is amended to read: |
| 19309 | 403.7032 Recycling.- |
| 19310 | (5) The Department of Environmental Protection shall |
| 19311 | create the Recycling Business Assistance Center by December 1, |
| 19312 | 2010. In carrying out its duties under this subsection, the |
| 19313 | department shall consult with state agency personnel appointed |
| 19314 | to serve as economic development liaisons under s. 288.021 and |
| 19315 | seek technical assistance from Enterprise Florida, Inc., to |
| 19316 | ensure the Recycling Business Assistance Center is positioned to |
| 19317 | succeed. The purpose of the center shall be to serve as the |
| 19318 | mechanism for coordination among state agencies and the private |
| 19319 | sector in order to coordinate policy and overall strategic |
| 19320 | planning for developing new markets and expanding and enhancing |
| 19321 | existing markets for recyclable materials in this state, other |
| 19322 | states, and foreign countries. The duties of the center must |
| 19323 | include, at a minimum: |
| 19324 | (m) Coordinating with the Department of Economic |
| 19325 | Opportunity the Agency for Workforce Innovation and its partners |
| 19326 | to provide job placement and job training services to job |
| 19327 | seekers through the state's workforce services programs. |
| 19328 | Section 449. Paragraph (a) of subsection (3) of section |
| 19329 | 409.017, Florida Statutes, is amended to read: |
| 19330 | 409.017 Revenue Maximization Act; legislative intent; |
| 19331 | revenue maximization program.- |
| 19332 | (3) REVENUE MAXIMIZATION PROGRAM.- |
| 19333 | (a) For purposes of this section, the term "agency" means |
| 19334 | any state agency or department that is involved in providing |
| 19335 | health, social, or human services, including, but not limited |
| 19336 | to, the Agency for Health Care Administration, the Department of |
| 19337 | Economic Opportunity Agency for Workforce Innovation, the |
| 19338 | Department of Children and Family Services, the Department of |
| 19339 | Elderly Affairs, the Department of Juvenile Justice, the |
| 19340 | Department of Education, and the State Board of Education. |
| 19341 | Section 450. Paragraph (c) of subsection (7) of section |
| 19342 | 409.1451, Florida Statutes, is amended to read: |
| 19343 | 409.1451 Independent living transition services.- |
| 19344 | (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.-The |
| 19345 | Secretary of Children and Family Services shall establish the |
| 19346 | Independent Living Services Advisory Council for the purpose of |
| 19347 | reviewing and making recommendations concerning the |
| 19348 | implementation and operation of the independent living |
| 19349 | transition services. This advisory council shall continue to |
| 19350 | function as specified in this subsection until the Legislature |
| 19351 | determines that the advisory council can no longer provide a |
| 19352 | valuable contribution to the department's efforts to achieve the |
| 19353 | goals of the independent living transition services. |
| 19354 | (c) Members of the advisory council shall be appointed by |
| 19355 | the secretary of the department. The membership of the advisory |
| 19356 | council must include, at a minimum, representatives from the |
| 19357 | headquarters and district offices of the Department of Children |
| 19358 | and Family Services, community-based care lead agencies, the |
| 19359 | Department of Economic Opportunity the Agency for Workforce |
| 19360 | Innovation, the Department of Education, the Agency for Health |
| 19361 | Care Administration, the State Youth Advisory Board, Workforce |
| 19362 | Florida, Inc., the Statewide Guardian Ad Litem Office, foster |
| 19363 | parents, recipients of Road-to-Independence Program funding, and |
| 19364 | advocates for foster children. The secretary shall determine the |
| 19365 | length of the term to be served by each member appointed to the |
| 19366 | advisory council, which may not exceed 4 years. |
| 19367 | Section 451. Subsection (4) of section 409.942, Florida |
| 19368 | Statutes, is amended to read: |
| 19369 | 409.942 Electronic benefit transfer program.- |
| 19370 | (4) Workforce Florida, Inc., through the Agency for |
| 19371 | Workforce Innovation, shall establish an electronic benefit |
| 19372 | transfer program for the use and management of education, |
| 19373 | training, child care, transportation, and other program benefits |
| 19374 | under its direction. The workforce electronic benefit transfer |
| 19375 | program shall fulfill all federal and state requirements for |
| 19376 | Individual Training Accounts, Retention Incentive Training |
| 19377 | Accounts, Individual Development Accounts, and Individual |
| 19378 | Services Accounts. The workforce electronic benefit transfer |
| 19379 | program shall be designed to enable an individual who receives |
| 19380 | an electronic benefit transfer card under subsection (1) to use |
| 19381 | that card for purposes of benefits provided under the workforce |
| 19382 | development system as well. The Department of Children and |
| 19383 | Family Services shall assist Workforce Florida, Inc., in |
| 19384 | developing an electronic benefit transfer program for the |
| 19385 | workforce development system that is fully compatible with the |
| 19386 | department's electronic benefit transfer program. The agency |
| 19387 | shall reimburse the department for all costs incurred in |
| 19388 | providing such assistance and shall pay all costs for the |
| 19389 | development of the workforce electronic benefit transfer |
| 19390 | program. |
| 19391 | Section 452. Paragraph (d) of subsection (2), subsection |
| 19392 | (4), paragraphs (a), (c), (d), (e), and (f) of subsection (5), |
| 19393 | paragraph (e) of subsection (7), subsection (8), and paragraphs |
| 19394 | (b), (c), (d), and (e) of subsection (9) of section 411.01, |
| 19395 | Florida Statutes, are amended to read: |
| 19396 | 411.01 School readiness programs; early learning |
| 19397 | coalitions.- |
| 19398 | (2) LEGISLATIVE INTENT.- |
| 19399 | (d) It is the intent of the Legislature that the |
| 19400 | administrative staff for school readiness programs be kept to |
| 19401 | the minimum necessary to administer the duties of the Department |
| 19402 | of Economic Opportunity Agency for Workforce Innovation and |
| 19403 | early learning coalitions. The Department of Economic |
| 19404 | Opportunity Agency for Workforce Innovation shall adopt system |
| 19405 | support services at the state level to build a comprehensive |
| 19406 | early learning system. Each early learning coalition shall |
| 19407 | implement and maintain direct enhancement services at the local |
| 19408 | level, as approved in its school readiness plan by the |
| 19409 | Department of Economic Opportunity Agency for Workforce |
| 19410 | Innovation, and ensure access to such services in all 67 |
| 19411 | counties. |
| 19412 | (4) DEPARTMENT OF ECONOMIC OPPORTUNITY AGENCY FOR |
| 19413 | WORKFORCE INNOVATION.- |
| 19414 | (a) The Department of Economic Opportunity Agency for |
| 19415 | Workforce Innovation shall administer school readiness programs |
| 19416 | at the state level and shall coordinate with the early learning |
| 19417 | coalitions in providing school readiness services on a full-day, |
| 19418 | full-year, full-choice basis to the extent possible in order to |
| 19419 | enable parents to work and be financially self-sufficient. |
| 19420 | (b) The Department of Economic Opportunity Agency for |
| 19421 | Workforce Innovation shall: |
| 19422 | 1. Coordinate the birth-to-kindergarten services for |
| 19423 | children who are eligible under subsection (6) and the |
| 19424 | programmatic, administrative, and fiscal standards under this |
| 19425 | section for all public providers of school readiness programs. |
| 19426 | 2. Focus on improving the educational quality of all |
| 19427 | program providers participating in publicly funded school |
| 19428 | readiness programs. |
| 19429 | (c) The Governor shall designate the Department of |
| 19430 | Economic Opportunity Agency for Workforce Innovation as the lead |
| 19431 | agency for administration of the federal Child Care and |
| 19432 | Development Fund, 45 C.F.R. parts 98 and 99, and the department |
| 19433 | agency shall comply with the lead agency responsibilities under |
| 19434 | federal law. |
| 19435 | (d) The Department of Economic Opportunity Agency for |
| 19436 | Workforce Innovation shall: |
| 19437 | 1. Be responsible for the prudent use of all public and |
| 19438 | private funds in accordance with all legal and contractual |
| 19439 | requirements. |
| 19440 | 2. Provide final approval and every 2 years review early |
| 19441 | learning coalitions and school readiness plans. |
| 19442 | 3. Establish a unified approach to the state's efforts |
| 19443 | toward enhancement of school readiness. In support of this |
| 19444 | effort, the Department of Economic Opportunity Agency for |
| 19445 | Workforce Innovation shall adopt specific system support |
| 19446 | services that address the state's school readiness programs. An |
| 19447 | early learning coalition shall amend its school readiness plan |
| 19448 | to conform to the specific system support services adopted by |
| 19449 | the Department of Economic Opportunity Agency for Workforce |
| 19450 | Innovation. System support services shall include, but are not |
| 19451 | limited to: |
| 19452 | a. Child care resource and referral services; |
| 19453 | b. Warm-Line services; |
| 19454 | c. Eligibility determinations; |
| 19455 | d. Child performance standards; |
| 19456 | e. Child screening and assessment; |
| 19457 | f. Developmentally appropriate curricula; |
| 19458 | g. Health and safety requirements; |
| 19459 | h. Statewide data system requirements; and |
| 19460 | i. Rating and improvement systems. |
| 19461 | 4. Safeguard the effective use of federal, state, local, |
| 19462 | and private resources to achieve the highest possible level of |
| 19463 | school readiness for the children in this state. |
| 19464 | 5. Adopt a rule establishing criteria for the expenditure |
| 19465 | of funds designated for the purpose of funding activities to |
| 19466 | improve the quality of child care within the state in accordance |
| 19467 | with s. 658G of the federal Child Care and Development Block |
| 19468 | Grant Act. |
| 19469 | 6. Provide technical assistance to early learning |
| 19470 | coalitions in a manner determined by the Department of Economic |
| 19471 | Opportunity Agency for Workforce Innovation based upon |
| 19472 | information obtained by the department agency from various |
| 19473 | sources, including, but not limited to, public input, government |
| 19474 | reports, private interest group reports, department agency |
| 19475 | monitoring visits, and coalition requests for service. |
| 19476 | 7. In cooperation with the Department of Education and |
| 19477 | early learning coalitions, coordinate with the Child Care |
| 19478 | Services Program Office of the Department of Children and Family |
| 19479 | Services to minimize duplicating interagency activities, health |
| 19480 | and safety monitoring, and acquiring and composing data |
| 19481 | pertaining to child care training and credentialing. |
| 19482 | 8. Develop and adopt performance standards and outcome |
| 19483 | measures for school readiness programs. The performance |
| 19484 | standards must address the age-appropriate progress of children |
| 19485 | in the development of school readiness skills. The performance |
| 19486 | standards for children from birth to 5 years of age in school |
| 19487 | readiness programs must be integrated with the performance |
| 19488 | standards adopted by the Department of Education for children in |
| 19489 | the Voluntary Prekindergarten Education Program under s. |
| 19490 | 1002.67. |
| 19491 | 9. Adopt a standard contract that must be used by the |
| 19492 | coalitions when contracting with school readiness providers. |
| 19493 | (e) The Department of Economic Opportunity Agency for |
| 19494 | Workforce Innovation may adopt rules under ss. 120.536(1) and |
| 19495 | 120.54 to administer the provisions of law conferring duties |
| 19496 | upon the department agency, including, but not limited to, rules |
| 19497 | governing the administration of system support services of |
| 19498 | school readiness programs, the collection of data, the approval |
| 19499 | of early learning coalitions and school readiness plans, the |
| 19500 | provision of a method whereby an early learning coalition may |
| 19501 | serve two or more counties, the award of incentives to early |
| 19502 | learning coalitions, child performance standards, child outcome |
| 19503 | measures, the issuance of waivers, and the implementation of the |
| 19504 | state's Child Care and Development Fund Plan as approved by the |
| 19505 | federal Administration for Children and Families. |
| 19506 | (f) The Department of Economic Opportunity Agency for |
| 19507 | Workforce Innovation shall have all powers necessary to |
| 19508 | administer this section, including, but not limited to, the |
| 19509 | power to receive and accept grants, loans, or advances of funds |
| 19510 | from any public or private agency and to receive and accept from |
| 19511 | any source contributions of money, property, labor, or any other |
| 19512 | thing of value, to be held, used, and applied for purposes of |
| 19513 | this section. |
| 19514 | (g) Except as provided by law, the Department of Economic |
| 19515 | Opportunity Agency for Workforce Innovation may not impose |
| 19516 | requirements on a child care or early childhood education |
| 19517 | provider that does not deliver services under the school |
| 19518 | readiness programs or receive state or federal funds under this |
| 19519 | section. |
| 19520 | (h) The Department of Economic Opportunity Agency for |
| 19521 | Workforce Innovation shall have a budget for school readiness |
| 19522 | programs, which shall be financed through an annual |
| 19523 | appropriation made for purposes of this section in the General |
| 19524 | Appropriations Act. |
| 19525 | (i) The Department of Economic Opportunity Agency for |
| 19526 | Workforce Innovation shall coordinate the efforts toward school |
| 19527 | readiness in this state and provide independent policy analyses, |
| 19528 | data analyses, and recommendations to the Governor, the State |
| 19529 | Board of Education, and the Legislature. |
| 19530 | (j) The Department of Economic Opportunity Agency for |
| 19531 | Workforce Innovation shall require that school readiness |
| 19532 | programs, at a minimum, enhance the age-appropriate progress of |
| 19533 | each child in attaining the performance standards adopted under |
| 19534 | subparagraph (d)8. and in the development of the following |
| 19535 | school readiness skills: |
| 19536 | 1. Compliance with rules, limitations, and routines. |
| 19537 | 2. Ability to perform tasks. |
| 19538 | 3. Interactions with adults. |
| 19539 | 4. Interactions with peers. |
| 19540 | 5. Ability to cope with challenges. |
| 19541 | 6. Self-help skills. |
| 19542 | 7. Ability to express the child's needs. |
| 19543 | 8. Verbal communication skills. |
| 19544 | 9. Problem-solving skills. |
| 19545 | 10. Following of verbal directions. |
| 19546 | 11. Demonstration of curiosity, persistence, and |
| 19547 | exploratory behavior. |
| 19548 | 12. Interest in books and other printed materials. |
| 19549 | 13. Paying attention to stories. |
| 19550 | 14. Participation in art and music activities. |
| 19551 | 15. Ability to identify colors, geometric shapes, letters |
| 19552 | of the alphabet, numbers, and spatial and temporal |
| 19553 | relationships. |
| 19554 |
|
| 19555 | Within 30 days after enrollment in the school readiness program, |
| 19556 | the early learning coalition must ensure that the program |
| 19557 | provider obtains information regarding the child's |
| 19558 | immunizations, physical development, and other health |
| 19559 | requirements as necessary, including appropriate vision and |
| 19560 | hearing screening and examinations. For a program provider |
| 19561 | licensed by the Department of Children and Family Services, the |
| 19562 | provider's compliance with s. 402.305(9), as verified pursuant |
| 19563 | to s. 402.311, shall satisfy this requirement. |
| 19564 | (k) The Department of Economic Opportunity Agency for |
| 19565 | Workforce Innovation shall conduct studies and planning |
| 19566 | activities related to the overall improvement and effectiveness |
| 19567 | of the outcome measures adopted by the department agency for |
| 19568 | school readiness programs and the specific system support |
| 19569 | services to address the state's school readiness programs |
| 19570 | adopted by the Department of Economic Opportunity Agency for |
| 19571 | Workforce Innovation in accordance with subparagraph (d)3. |
| 19572 | (l) The Department of Economic Opportunity Agency for |
| 19573 | Workforce Innovation shall monitor and evaluate the performance |
| 19574 | of each early learning coalition in administering the school |
| 19575 | readiness program, implementing the coalition's school readiness |
| 19576 | plan, and administering the Voluntary Prekindergarten Education |
| 19577 | Program. These monitoring and performance evaluations must |
| 19578 | include, at a minimum, onsite monitoring of each coalition's |
| 19579 | finances, management, operations, and programs. |
| 19580 | (m) The Department of Economic Opportunity Agency for |
| 19581 | Workforce Innovation shall submit an annual report of its |
| 19582 | activities conducted under this section to the Governor, the |
| 19583 | President of the Senate, the Speaker of the House of |
| 19584 | Representatives, and the minority leaders of both houses of the |
| 19585 | Legislature. In addition, the Department of Economic |
| 19586 | Opportunity's Agency for Workforce Innovation's reports and |
| 19587 | recommendations shall be made available to the Florida Early |
| 19588 | Learning Advisory Council and other appropriate state agencies |
| 19589 | and entities. The annual report must provide an analysis of |
| 19590 | school readiness activities across the state, including the |
| 19591 | number of children who were served in the programs. |
| 19592 | (n) The Department of Economic Opportunity Agency for |
| 19593 | Workforce Innovation shall work with the early learning |
| 19594 | coalitions to ensure availability of training and support for |
| 19595 | parental involvement in children's early education and to |
| 19596 | provide family literacy activities and services. |
| 19597 | (5) CREATION OF EARLY LEARNING COALITIONS.- |
| 19598 | (a) Early learning coalitions.- |
| 19599 | 1. Each early learning coalition shall maintain direct |
| 19600 | enhancement services at the local level and ensure access to |
| 19601 | such services in all 67 counties. |
| 19602 | 2. The Department of Economic Opportunity Agency for |
| 19603 | Workforce Innovation shall establish the minimum number of |
| 19604 | children to be served by each early learning coalition through |
| 19605 | the coalition's school readiness program. The Department of |
| 19606 | Economic Opportunity Agency for Workforce Innovation may only |
| 19607 | approve school readiness plans in accordance with this minimum |
| 19608 | number. The minimum number must be uniform for every early |
| 19609 | learning coalition and must: |
| 19610 | a. Permit 31 or fewer coalitions to be established; and |
| 19611 | b. Require each coalition to serve at least 2,000 children |
| 19612 | based upon the average number of all children served per month |
| 19613 | through the coalition's school readiness program during the |
| 19614 | previous 12 months. |
| 19615 | 3. If an early learning coalition would serve fewer |
| 19616 | children than the minimum number established under subparagraph |
| 19617 | 2., the coalition must merge with another county to form a |
| 19618 | multicounty coalition. The Department of Economic Opportunity |
| 19619 | Agency for Workforce Innovation shall adopt procedures for |
| 19620 | merging early learning coalitions, including procedures for the |
| 19621 | consolidation of merging coalitions, and for the early |
| 19622 | termination of the terms of coalition members which are |
| 19623 | necessary to accomplish the mergers. However, the Department of |
| 19624 | Economic Opportunity Agency for Workforce Innovation shall grant |
| 19625 | a waiver to an early learning coalition to serve fewer children |
| 19626 | than the minimum number established under subparagraph 2., if: |
| 19627 | a. The Department of Economic Opportunity Agency for |
| 19628 | Workforce Innovation has determined during the most recent |
| 19629 | review of the coalition's school readiness plan, or through |
| 19630 | monitoring and performance evaluations conducted under paragraph |
| 19631 | (4)(l), that the coalition has substantially implemented its |
| 19632 | plan; |
| 19633 | b. The coalition demonstrates to the Department of |
| 19634 | Economic Opportunity Agency for Workforce Innovation the |
| 19635 | coalition's ability to effectively and efficiently implement the |
| 19636 | Voluntary Prekindergarten Education Program; and |
| 19637 | c. The coalition demonstrates to the Department of |
| 19638 | Economic Opportunity Agency for Workforce Innovation that the |
| 19639 | coalition can perform its duties in accordance with law. |
| 19640 |
|
| 19641 | If an early learning coalition fails or refuses to merge as |
| 19642 | required by this subparagraph, the Department of Economic |
| 19643 | Opportunity Agency for Workforce Innovation may dissolve the |
| 19644 | coalition and temporarily contract with a qualified entity to |
| 19645 | continue school readiness and prekindergarten services in the |
| 19646 | coalition's county or multicounty region until the department |
| 19647 | agency reestablishes the coalition and a new school readiness |
| 19648 | plan is approved by the department agency. |
| 19649 | 4. Each early learning coalition shall be composed of at |
| 19650 | least 15 members but not more than 30 members. The Department of |
| 19651 | Economic Opportunity Agency for Workforce Innovation shall adopt |
| 19652 | standards establishing within this range the minimum and maximum |
| 19653 | number of members that may be appointed to an early learning |
| 19654 | coalition and procedures for identifying which members have |
| 19655 | voting privileges under subparagraph 6. These standards must |
| 19656 | include variations for a coalition serving a multicounty region. |
| 19657 | Each early learning coalition must comply with these standards. |
| 19658 | 5. The Governor shall appoint the chair and two other |
| 19659 | members of each early learning coalition, who must each meet the |
| 19660 | same qualifications as private sector business members appointed |
| 19661 | by the coalition under subparagraph 7. |
| 19662 | 6. Each early learning coalition must include the |
| 19663 | following member positions; however, in a multicounty coalition, |
| 19664 | each ex officio member position may be filled by multiple |
| 19665 | nonvoting members but no more than one voting member shall be |
| 19666 | seated per member position. If an early learning coalition has |
| 19667 | more than one member representing the same entity, only one of |
| 19668 | such members may serve as a voting member: |
| 19669 | a. A Department of Children and Family Services circuit |
| 19670 | administrator or his or her designee who is authorized to make |
| 19671 | decisions on behalf of the department. |
| 19672 | b. A district superintendent of schools or his or her |
| 19673 | designee who is authorized to make decisions on behalf of the |
| 19674 | district. |
| 19675 | c. A regional workforce board executive director or his or |
| 19676 | her designee. |
| 19677 | d. A county health department director or his or her |
| 19678 | designee. |
| 19679 | e. A children's services council or juvenile welfare board |
| 19680 | chair or executive director, if applicable. |
| 19681 | f. An agency head of a local licensing agency as defined |
| 19682 | in s. 402.302, where applicable. |
| 19683 | g. A president of a community college or his or her |
| 19684 | designee. |
| 19685 | h. One member appointed by a board of county commissioners |
| 19686 | or the governing board of a municipality. |
| 19687 | i. A central agency administrator, where applicable. |
| 19688 | j. A Head Start director. |
| 19689 | k. A representative of private for-profit child care |
| 19690 | providers, including private for-profit family day care homes. |
| 19691 | l. A representative of faith-based child care providers. |
| 19692 | m. A representative of programs for children with |
| 19693 | disabilities under the federal Individuals with Disabilities |
| 19694 | Education Act. |
| 19695 | 7. Including the members appointed by the Governor under |
| 19696 | subparagraph 5., more than one-third of the members of each |
| 19697 | early learning coalition must be private sector business members |
| 19698 | who do not have, and none of whose relatives as defined in s. |
| 19699 | 112.3143 has, a substantial financial interest in the design or |
| 19700 | delivery of the Voluntary Prekindergarten Education Program |
| 19701 | created under part V of chapter 1002 or the coalition's school |
| 19702 | readiness program. To meet this requirement an early learning |
| 19703 | coalition must appoint additional members. The Department of |
| 19704 | Economic Opportunity Agency for Workforce Innovation shall |
| 19705 | establish criteria for appointing private sector business |
| 19706 | members. These criteria must include standards for determining |
| 19707 | whether a member or relative has a substantial financial |
| 19708 | interest in the design or delivery of the Voluntary |
| 19709 | Prekindergarten Education Program or the coalition's school |
| 19710 | readiness program. |
| 19711 | 8. A majority of the voting membership of an early |
| 19712 | learning coalition constitutes a quorum required to conduct the |
| 19713 | business of the coalition. An early learning coalition board may |
| 19714 | use any method of telecommunications to conduct meetings, |
| 19715 | including establishing a quorum through telecommunications, |
| 19716 | provided that the public is given proper notice of a |
| 19717 | telecommunications meeting and reasonable access to observe and, |
| 19718 | when appropriate, participate. |
| 19719 | 9. A voting member of an early learning coalition may not |
| 19720 | appoint a designee to act in his or her place, except as |
| 19721 | otherwise provided in this paragraph. A voting member may send a |
| 19722 | representative to coalition meetings, but that representative |
| 19723 | does not have voting privileges. When a district administrator |
| 19724 | for the Department of Children and Family Services appoints a |
| 19725 | designee to an early learning coalition, the designee is the |
| 19726 | voting member of the coalition, and any individual attending in |
| 19727 | the designee's place, including the district administrator, does |
| 19728 | not have voting privileges. |
| 19729 | 10. Each member of an early learning coalition is subject |
| 19730 | to ss. 112.313, 112.3135, and 112.3143. For purposes of s. |
| 19731 | 112.3143(3)(a), each voting member is a local public officer who |
| 19732 | must abstain from voting when a voting conflict exists. |
| 19733 | 11. For purposes of tort liability, each member or |
| 19734 | employee of an early learning coalition shall be governed by s. |
| 19735 | 768.28. |
| 19736 | 12. An early learning coalition serving a multicounty |
| 19737 | region must include representation from each county. |
| 19738 | 13. Each early learning coalition shall establish terms |
| 19739 | for all appointed members of the coalition. The terms must be |
| 19740 | staggered and must be a uniform length that does not exceed 4 |
| 19741 | years per term. Coalition chairs shall be appointed for 4 years |
| 19742 | in conjunction with their membership on the Early Learning |
| 19743 | Advisory Council under s. 20.052. Appointed members may serve a |
| 19744 | maximum of two consecutive terms. When a vacancy occurs in an |
| 19745 | appointed position, the coalition must advertise the vacancy. |
| 19746 | (c) Program expectations.- |
| 19747 | 1. The school readiness program must meet the following |
| 19748 | expectations: |
| 19749 | a. The program must, at a minimum, enhance the age- |
| 19750 | appropriate progress of each child in attaining the performance |
| 19751 | standards and outcome measures adopted by the Department of |
| 19752 | Economic Opportunity Agency for Workforce Innovation. |
| 19753 | b. The program must provide extended-day and extended-year |
| 19754 | services to the maximum extent possible without compromising the |
| 19755 | quality of the program to meet the needs of parents who work. |
| 19756 | c. The program must provide a coordinated professional |
| 19757 | development system that supports the achievement and maintenance |
| 19758 | of core competencies by school readiness instructors in helping |
| 19759 | children attain the performance standards and outcome measures |
| 19760 | adopted by the Department of Economic Opportunity Agency for |
| 19761 | Workforce Innovation. |
| 19762 | d. There must be expanded access to community services and |
| 19763 | resources for families to help achieve economic self- |
| 19764 | sufficiency. |
| 19765 | e. There must be a single point of entry and unified |
| 19766 | waiting list. As used in this sub-subparagraph, the term "single |
| 19767 | point of entry" means an integrated information system that |
| 19768 | allows a parent to enroll his or her child in the school |
| 19769 | readiness program at various locations throughout a county, that |
| 19770 | may allow a parent to enroll his or her child by telephone or |
| 19771 | through an Internet website, and that uses a unified waiting |
| 19772 | list to track eligible children waiting for enrollment in the |
| 19773 | school readiness program. The Department of Economic Opportunity |
| 19774 | Agency for Workforce Innovation shall establish through |
| 19775 | technology a single statewide information system that each |
| 19776 | coalition must use for the purposes of managing the single point |
| 19777 | of entry, tracking children's progress, coordinating services |
| 19778 | among stakeholders, determining eligibility, tracking child |
| 19779 | attendance, and streamlining administrative processes for |
| 19780 | providers and early learning coalitions. |
| 19781 | f. The Department of Economic Opportunity Agency for |
| 19782 | Workforce Innovation must consider the access of eligible |
| 19783 | children to the school readiness program, as demonstrated in |
| 19784 | part by waiting lists, before approving a proposed increase in |
| 19785 | payment rates submitted by an early learning coalition. In |
| 19786 | addition, early learning coalitions shall use school readiness |
| 19787 | funds made available due to enrollment shifts from school |
| 19788 | readiness programs to the Voluntary Prekindergarten Education |
| 19789 | Program for increasing the number of children served in school |
| 19790 | readiness programs before increasing payment rates. |
| 19791 | g. The program must meet all state licensing guidelines, |
| 19792 | where applicable. |
| 19793 | h. The program must ensure that minimum standards for |
| 19794 | child discipline practices are age-appropriate. Such standards |
| 19795 | must provide that children not be subjected to discipline that |
| 19796 | is severe, humiliating, or frightening or discipline that is |
| 19797 | associated with food, rest, or toileting. Spanking or any other |
| 19798 | form of physical punishment is prohibited. |
| 19799 | 2. Each early learning coalition must implement a |
| 19800 | comprehensive program of school readiness services in accordance |
| 19801 | with the rules adopted by the department agency which enhance |
| 19802 | the cognitive, social, and physical development of children to |
| 19803 | achieve the performance standards and outcome measures. At a |
| 19804 | minimum, these programs must contain the following system |
| 19805 | support service elements: |
| 19806 | a. Developmentally appropriate curriculum designed to |
| 19807 | enhance the age-appropriate progress of children in attaining |
| 19808 | the performance standards adopted by the Department of Economic |
| 19809 | Opportunity Agency for Workforce Innovation under subparagraph |
| 19810 | (4)(d)8. |
| 19811 | b. A character development program to develop basic |
| 19812 | values. |
| 19813 | c. An age-appropriate screening of each child's |
| 19814 | development. |
| 19815 | d. An age-appropriate assessment administered to children |
| 19816 | when they enter a program and an age-appropriate assessment |
| 19817 | administered to children when they leave the program. |
| 19818 | e. An appropriate staff-to-children ratio, pursuant to s. |
| 19819 | 402.305(4) or s. 402.302(7) or (8), as applicable, and as |
| 19820 | verified pursuant to s. 402.311. |
| 19821 | f. A healthy and safe environment pursuant to s. |
| 19822 | 401.305(5), (6), and (7), as applicable, and as verified |
| 19823 | pursuant to s. 402.311. |
| 19824 | g. A resource and referral network established under s. |
| 19825 | 411.0101 to assist parents in making an informed choice and a |
| 19826 | regional Warm-Line under s. 411.01015. |
| 19827 |
|
| 19828 | The Department of Economic Opportunity Agency for Workforce |
| 19829 | Innovation, the Department of Education, and early learning |
| 19830 | coalitions shall coordinate with the Child Care Services Program |
| 19831 | Office of the Department of Children and Family Services to |
| 19832 | minimize duplicating interagency activities pertaining to |
| 19833 | acquiring and composing data for child care training and |
| 19834 | credentialing. |
| 19835 | (d) Implementation.- |
| 19836 | 1. An early learning coalition may not implement the |
| 19837 | school readiness program until the coalition's school readiness |
| 19838 | plan is approved by the Department of Economic Opportunity |
| 19839 | Agency for Workforce Innovation. |
| 19840 | 2. Each early learning coalition shall coordinate with one |
| 19841 | another to implement a comprehensive program of school readiness |
| 19842 | services which enhances the cognitive, social, physical, and |
| 19843 | moral character of the children to achieve the performance |
| 19844 | standards and outcome measures and which helps families achieve |
| 19845 | economic self-sufficiency. Such program must contain, at a |
| 19846 | minimum, the following elements: |
| 19847 | a. Implement the school readiness program to meet the |
| 19848 | requirements of this section and the system support services, |
| 19849 | performance standards, and outcome measures adopted by the |
| 19850 | Department of Economic Opportunity Agency for Workforce |
| 19851 | Innovation. |
| 19852 | b. Demonstrate how the program will ensure that each |
| 19853 | child from birth through 5 years of age in a publicly funded |
| 19854 | school readiness program receives scheduled activities and |
| 19855 | instruction designed to enhance the age-appropriate progress of |
| 19856 | the children in attaining the performance standards adopted by |
| 19857 | the department agency under subparagraph (4)(d)8. |
| 19858 | c. Ensure that the coalition has solicited and considered |
| 19859 | comments regarding the proposed school readiness plan from the |
| 19860 | local community. |
| 19861 |
|
| 19862 | Before implementing the school readiness program, the early |
| 19863 | learning coalition must submit the plan to the department agency |
| 19864 | for approval. The department agency may approve the plan, reject |
| 19865 | the plan, or approve the plan with conditions. The department |
| 19866 | agency shall review school readiness plans at least every 2 |
| 19867 | years. |
| 19868 | 3. If the Department of Economic Opportunity Agency for |
| 19869 | Workforce Innovation determines during the review of school |
| 19870 | readiness plans, or through monitoring and performance |
| 19871 | evaluations conducted under paragraph (4)(l), that an early |
| 19872 | learning coalition has not substantially implemented its plan, |
| 19873 | has not substantially met the performance standards and outcome |
| 19874 | measures adopted by the department agency, or has not |
| 19875 | effectively administered the school readiness program or |
| 19876 | Voluntary Prekindergarten Education Program, the department |
| 19877 | agency may dissolve the coalition and temporarily contract with |
| 19878 | a qualified entity to continue school readiness and |
| 19879 | prekindergarten services in the coalition's county or |
| 19880 | multicounty region until the department agency reestablishes the |
| 19881 | coalition and a new school readiness plan is approved in |
| 19882 | accordance with the rules adopted by the department agency. |
| 19883 | 4. The Department of Economic Opportunity Agency for |
| 19884 | Workforce Innovation shall adopt rules establishing criteria for |
| 19885 | the approval of school readiness plans. The criteria must be |
| 19886 | consistent with the system support services, performance |
| 19887 | standards, and outcome measures adopted by the department agency |
| 19888 | and must require each approved plan to include the following |
| 19889 | minimum standards for the school readiness program: |
| 19890 | a. A community plan that addresses the needs of all |
| 19891 | children and providers within the coalition's county or |
| 19892 | multicounty region. |
| 19893 | b. A sliding fee scale establishing a copayment for |
| 19894 | parents based upon their ability to pay, which is the same for |
| 19895 | all program providers. |
| 19896 | c. A choice of settings and locations in licensed, |
| 19897 | registered, religious-exempt, or school-based programs to be |
| 19898 | provided to parents. |
| 19899 | d. Specific eligibility priorities for children in |
| 19900 | accordance with subsection (6). |
| 19901 | e. Performance standards and outcome measures adopted by |
| 19902 | the department agency. |
| 19903 | f. Payment rates adopted by the early learning coalitions |
| 19904 | and approved by the department agency. Payment rates may not |
| 19905 | have the effect of limiting parental choice or creating |
| 19906 | standards or levels of services that have not been expressly |
| 19907 | established by the Legislature, unless the creation of such |
| 19908 | standards or levels of service, which must be uniform throughout |
| 19909 | the state, has been approved by the Federal Government and |
| 19910 | result in the state being eligible to receive additional federal |
| 19911 | funds available for early learning on a statewide basis. |
| 19912 | g. Direct enhancement services for families and children. |
| 19913 | System support and direct enhancement services shall be in |
| 19914 | addition to payments for the placement of children in school |
| 19915 | readiness programs. Direct enhancement services for families may |
| 19916 | include parent training and involvement activities and |
| 19917 | strategies to meet the needs of unique populations and local |
| 19918 | eligibility priorities. Enhancement services for children may |
| 19919 | include provider supports and professional development approved |
| 19920 | in the plan by the Department of Economic Opportunity Agency for |
| 19921 | Workforce Innovation. |
| 19922 | h. The business organization of the early learning |
| 19923 | coalition, which must include the coalition's articles of |
| 19924 | incorporation and bylaws if the coalition is organized as a |
| 19925 | corporation. If the coalition is not organized as a corporation |
| 19926 | or other business entity, the plan must include the contract |
| 19927 | with a fiscal agent. An early learning coalition may contract |
| 19928 | with other coalitions to achieve efficiency in multicounty |
| 19929 | services, and these contracts may be part of the coalition's |
| 19930 | school readiness plan. |
| 19931 | i. The implementation of locally developed quality |
| 19932 | programs in accordance with the requirements adopted by the |
| 19933 | department agency under subparagraph (4)(d)5. |
| 19934 |
|
| 19935 | The Department of Economic Opportunity Agency for Workforce |
| 19936 | Innovation may request the Governor to apply for a waiver to |
| 19937 | allow the coalition to administer the Head Start Program to |
| 19938 | accomplish the purposes of the school readiness program. |
| 19939 | 5. Persons with an early childhood teaching certificate |
| 19940 | may provide support and supervision to other staff in the school |
| 19941 | readiness program. |
| 19942 | 6. An early learning coalition may not implement its |
| 19943 | school readiness plan until it submits the plan to and receives |
| 19944 | approval from the Department of Economic Opportunity Agency for |
| 19945 | Workforce Innovation. Once the plan is approved, the plan and |
| 19946 | the services provided under the plan shall be controlled by the |
| 19947 | early learning coalition. The plan shall be reviewed and revised |
| 19948 | as necessary, but at least biennially. An early learning |
| 19949 | coalition may not implement the revisions until the coalition |
| 19950 | submits the revised plan to and receives approval from the |
| 19951 | department agency. If the department agency rejects a revised |
| 19952 | plan, the coalition must continue to operate under its prior |
| 19953 | approved plan. |
| 19954 | 7. Section 125.901(2)(a)3. does not apply to school |
| 19955 | readiness programs. The Department of Economic Opportunity |
| 19956 | Agency for Workforce Innovation may apply to the Governor and |
| 19957 | Cabinet for a waiver of, and the Governor and Cabinet may waive, |
| 19958 | any of the provisions of ss. 411.223 and 1003.54, if the waiver |
| 19959 | is necessary for implementation of school readiness programs. |
| 19960 | 8. Two or more early learning coalitions may join for |
| 19961 | purposes of planning and implementing a school readiness |
| 19962 | program. |
| 19963 | (e) Requests for proposals; payment schedule.- |
| 19964 | 1. Each early learning coalition must comply with the |
| 19965 | procurement and expenditure procedures adopted by the Department |
| 19966 | of Economic Opportunity Agency for Workforce Innovation, |
| 19967 | including, but not limited to, applying the procurement and |
| 19968 | expenditure procedures required by federal law for the |
| 19969 | expenditure of federal funds. |
| 19970 | 2. Each early learning coalition shall adopt a payment |
| 19971 | schedule that encompasses all programs funded under this |
| 19972 | section. The payment schedule must take into consideration the |
| 19973 | prevailing market rate, must include the projected number of |
| 19974 | children to be served, and must be submitted for approval by the |
| 19975 | Department of Economic Opportunity Agency for Workforce |
| 19976 | Innovation. Informal child care arrangements shall be reimbursed |
| 19977 | at not more than 50 percent of the rate adopted for a family day |
| 19978 | care home. |
| 19979 | (f) Evaluation and annual report.-Each early learning |
| 19980 | coalition shall conduct an evaluation of its implementation of |
| 19981 | the school readiness program, including system support services, |
| 19982 | performance standards, and outcome measures, and shall provide |
| 19983 | an annual report and fiscal statement to the Department of |
| 19984 | Economic Opportunity Agency for Workforce Innovation. This |
| 19985 | report must also include an evaluation of the effectiveness of |
| 19986 | its direct enhancement services and conform to the content and |
| 19987 | format specifications adopted by the Department of Economic |
| 19988 | Opportunity Agency for Workforce Innovation. The Department of |
| 19989 | Economic Opportunity Agency for Workforce Innovation must |
| 19990 | include an analysis of the early learning coalitions' reports in |
| 19991 | the department's agency's annual report. |
| 19992 | (7) PARENTAL CHOICE.- |
| 19993 | (e) The office of the Chief Financial Officer shall |
| 19994 | establish an electronic transfer system for the disbursement of |
| 19995 | funds in accordance with this subsection. Each early learning |
| 19996 | coalition shall fully implement the electronic funds transfer |
| 19997 | system within 2 years after approval of the coalition's school |
| 19998 | readiness plan, unless a waiver is obtained from the Department |
| 19999 | of Economic Opportunity Agency for Workforce Innovation. |
| 20000 | (8) STANDARDS; OUTCOME MEASURES.-A program provider |
| 20001 | participating in the school readiness program must meet the |
| 20002 | performance standards and outcome measures adopted by the |
| 20003 | Department of Economic Opportunity Agency for Workforce |
| 20004 | Innovation. |
| 20005 | (9) FUNDING; SCHOOL READINESS PROGRAM.- |
| 20006 | (b)1. The Department of Economic Opportunity Agency for |
| 20007 | Workforce Innovation shall administer school readiness funds, |
| 20008 | plans, and policies and shall prepare and submit a unified |
| 20009 | budget request for the school readiness system in accordance |
| 20010 | with chapter 216. |
| 20011 | 2. All instructions to early learning coalitions for |
| 20012 | administering this section shall emanate from the Department of |
| 20013 | Economic Opportunity Agency for Workforce Innovation in |
| 20014 | accordance with the policies of the Legislature. |
| 20015 | (c) The Department of Economic Opportunity Agency for |
| 20016 | Workforce Innovation, subject to legislative notice and review |
| 20017 | under s. 216.177, shall establish a formula for the allocation |
| 20018 | of all state and federal school readiness funds provided for |
| 20019 | children participating in the school readiness program, whether |
| 20020 | served by a public or private provider, based upon equity for |
| 20021 | each county. The allocation formula must be submitted to the |
| 20022 | Governor, the chair of the Senate Ways and Means Committee or |
| 20023 | its successor, and the chair of the House of Representatives |
| 20024 | Fiscal Council or its successor no later than January 1 of each |
| 20025 | year. If the Legislature specifies changes to the allocation |
| 20026 | formula, the Department of Economic Opportunity Agency for |
| 20027 | Workforce Innovation shall allocate funds as specified in the |
| 20028 | General Appropriations Act. |
| 20029 | (d) All state, federal, and required local maintenance-of- |
| 20030 | effort or matching funds provided to an early learning coalition |
| 20031 | for purposes of this section shall be used for implementation of |
| 20032 | its approved school readiness plan, including the hiring of |
| 20033 | staff to effectively operate the coalition's school readiness |
| 20034 | program. As part of plan approval and periodic plan review, the |
| 20035 | Department of Economic Opportunity Agency for Workforce |
| 20036 | Innovation shall require that administrative costs be kept to |
| 20037 | the minimum necessary for efficient and effective administration |
| 20038 | of the school readiness plan, but total administrative |
| 20039 | expenditures must not exceed 5 percent unless specifically |
| 20040 | waived by the Department of Economic Opportunity Agency for |
| 20041 | Workforce Innovation. The Department of Economic Opportunity |
| 20042 | Agency for Workforce Innovation shall annually report to the |
| 20043 | Legislature any problems relating to administrative costs. |
| 20044 | (e) The Department of Economic Opportunity Agency for |
| 20045 | Workforce Innovation shall annually distribute, to a maximum |
| 20046 | extent practicable, all eligible funds provided under this |
| 20047 | section as block grants to the early learning coalitions in |
| 20048 | accordance with the terms and conditions specified by the |
| 20049 | department agency. |
| 20050 | Section 453. Subsections (1) and (2), paragraph (a) of |
| 20051 | subsection (3), and subsection (4) of section 411.0101, Florida |
| 20052 | Statutes, are amended to read: |
| 20053 | 411.0101 Child care and early childhood resource and |
| 20054 | referral.- |
| 20055 | (1) As a part of the school readiness programs, the |
| 20056 | Department of Economic Opportunity Agency for Workforce |
| 20057 | Innovation shall establish a statewide child care resource and |
| 20058 | referral network that is unbiased and provides referrals to |
| 20059 | families for child care. Preference shall be given to using the |
| 20060 | already established early learning coalitions as the child care |
| 20061 | resource and referral agencies. If an early learning coalition |
| 20062 | cannot comply with the requirements to offer the resource |
| 20063 | information component or does not want to offer that service, |
| 20064 | the early learning coalition shall select the resource and |
| 20065 | referral agency for its county or multicounty region based upon |
| 20066 | a request for proposal pursuant to s. 411.01(5)(e)1. |
| 20067 | (2) At least one child care resource and referral agency |
| 20068 | must be established in each early learning coalition's county or |
| 20069 | multicounty region. The Department of Economic Opportunity |
| 20070 | Agency for Workforce Innovation shall adopt rules regarding |
| 20071 | accessibility of child care resource and referral services |
| 20072 | offered through child care resource and referral agencies in |
| 20073 | each county or multicounty region which include, at a minimum, |
| 20074 | required hours of operation, methods by which parents may |
| 20075 | request services, and child care resource and referral staff |
| 20076 | training requirements. |
| 20077 | (3) Child care resource and referral agencies shall |
| 20078 | provide the following services: |
| 20079 | (a) Identification of existing public and private child |
| 20080 | care and early childhood education services, including child |
| 20081 | care services by public and private employers, and the |
| 20082 | development of a resource file of those services through the |
| 20083 | single statewide information system developed by the Department |
| 20084 | of Economic Opportunity Agency for Workforce Innovation under s. |
| 20085 | 411.01(5)(c)1.e. These services may include family day care, |
| 20086 | public and private child care programs, the Voluntary |
| 20087 | Prekindergarten Education Program, Head Start, the school |
| 20088 | readiness program, special education programs for |
| 20089 | prekindergarten children with disabilities, services for |
| 20090 | children with developmental disabilities, full-time and part- |
| 20091 | time programs, before-school and after-school programs, vacation |
| 20092 | care programs, parent education, the Temporary Cash Assistance |
| 20093 | Program, and related family support services. The resource file |
| 20094 | shall include, but not be limited to: |
| 20095 | 1. Type of program. |
| 20096 | 2. Hours of service. |
| 20097 | 3. Ages of children served. |
| 20098 | 4. Number of children served. |
| 20099 | 5. Significant program information. |
| 20100 | 6. Fees and eligibility for services. |
| 20101 | 7. Availability of transportation. |
| 20102 | (4) The Department of Economic Opportunity Agency for |
| 20103 | Workforce Innovation shall adopt any rules necessary for the |
| 20104 | implementation and administration of this section. |
| 20105 | Section 454. Subsections (2), (6), and (7) of section |
| 20106 | 411.01013, Florida Statutes, are amended to read: |
| 20107 | 411.01013 Prevailing market rate schedule.- |
| 20108 | (2) The Department of Economic Opportunity Agency for |
| 20109 | Workforce Innovation shall establish procedures for the adoption |
| 20110 | of a prevailing market rate schedule. The schedule must include, |
| 20111 | at a minimum, county-by-county rates: |
| 20112 | (a) At the prevailing market rate, plus the maximum rate, |
| 20113 | for child care providers that hold a Gold Seal Quality Care |
| 20114 | designation under s. 402.281. |
| 20115 | (b) At the prevailing market rate for child care providers |
| 20116 | that do not hold a Gold Seal Quality Care designation. |
| 20117 | (6) The Department of Economic Opportunity Agency for |
| 20118 | Workforce Innovation may contract with one or more qualified |
| 20119 | entities to administer this section and provide support and |
| 20120 | technical assistance for child care providers. |
| 20121 | (7) The Department of Economic Opportunity Agency for |
| 20122 | Workforce Innovation may adopt rules pursuant to ss. 120.536(1) |
| 20123 | and 120.54 for establishing procedures for the collection of |
| 20124 | child care providers' market rate, the calculation of a |
| 20125 | reasonable frequency distribution of the market rate, and the |
| 20126 | publication of a prevailing market rate schedule. |
| 20127 | Section 455. Subsection (1) of section 411.01014, Florida |
| 20128 | Statutes, is amended to read: |
| 20129 | 411.01014 School readiness transportation services.- |
| 20130 | (1) The Department of Economic Opportunity Agency for |
| 20131 | Workforce Innovation, pursuant to chapter 427, may authorize an |
| 20132 | early learning coalition to establish school readiness |
| 20133 | transportation services for children at risk of abuse or neglect |
| 20134 | participating in the school readiness program. The early |
| 20135 | learning coalitions may contract for the provision of |
| 20136 | transportation services as required by this section. |
| 20137 | Section 456. Subsections (1), (3), and (4) of section |
| 20138 | 411.01015, Florida Statutes, are amended to read: |
| 20139 | 411.01015 Consultation to child care centers and family |
| 20140 | day care homes regarding health, developmental, disability, and |
| 20141 | special needs issues.- |
| 20142 | (1) Contingent upon specific appropriations, the |
| 20143 | Department of Economic Opportunity Agency for Workforce |
| 20144 | Innovation shall administer a statewide toll-free Warm-Line for |
| 20145 | the purpose of providing assistance and consultation to child |
| 20146 | care centers and family day care homes regarding health, |
| 20147 | developmental, disability, and special needs issues of the |
| 20148 | children they are serving, particularly children with |
| 20149 | disabilities and other special needs. |
| 20150 | (3) The Department of Economic Opportunity Agency for |
| 20151 | Workforce Innovation shall annually inform child care centers |
| 20152 | and family day care homes of the availability of this service |
| 20153 | through the child care resource and referral network under s. |
| 20154 | 411.0101. |
| 20155 | (4) Contingent upon specific appropriations, the |
| 20156 | Department of Economic Opportunity Agency for Workforce |
| 20157 | Innovation shall expand, or contract for the expansion of, the |
| 20158 | Warm-Line to maintain at least one Warm-Line site in each early |
| 20159 | learning coalition service area. |
| 20160 | Section 457. Paragraphs (4), (5), and (6) of section |
| 20161 | 411.0102, Florida Statutes, are amended to read: |
| 20162 | 411.0102 Child Care Executive Partnership Act; findings |
| 20163 | and intent; grant; limitation; rules.- |
| 20164 | (4) The Child Care Executive Partnership, staffed by the |
| 20165 | Department of Economic Opportunity Agency for Workforce |
| 20166 | Innovation, shall consist of a representative of the Executive |
| 20167 | Office of the Governor and nine members of the corporate or |
| 20168 | child care community, appointed by the Governor. |
| 20169 | (a) Members shall serve for a period of 4 years, except |
| 20170 | that the representative of the Executive Office of the Governor |
| 20171 | shall serve at the pleasure of the Governor. |
| 20172 | (b) The Child Care Executive Partnership shall be chaired |
| 20173 | by a member chosen by a majority vote and shall meet at least |
| 20174 | quarterly and at other times upon the call of the chair. The |
| 20175 | Child Care Executive Partnership may use any method of |
| 20176 | telecommunications to conduct meetings, including establishing a |
| 20177 | quorum through telecommunications, only if the public is given |
| 20178 | proper notice of a telecommunications meeting and reasonable |
| 20179 | access to observe and, when appropriate, participate. |
| 20180 | (c) Members shall serve without compensation, but may be |
| 20181 | reimbursed for per diem and travel expenses in accordance with |
| 20182 | s. 112.061. |
| 20183 | (d) The Child Care Executive Partnership shall have all |
| 20184 | the powers and authority, not explicitly prohibited by statute, |
| 20185 | necessary to carry out and effectuate the purposes of this |
| 20186 | section, as well as the functions, duties, and responsibilities |
| 20187 | of the partnership, including, but not limited to, the |
| 20188 | following: |
| 20189 | 1. Assisting in the formulation and coordination of the |
| 20190 | state's child care policy. |
| 20191 | 2. Adopting an official seal. |
| 20192 | 3. Soliciting, accepting, receiving, investing, and |
| 20193 | expending funds from public or private sources. |
| 20194 | 4. Contracting with public or private entities as |
| 20195 | necessary. |
| 20196 | 5. Approving an annual budget. |
| 20197 | 6. Carrying forward any unexpended state appropriations |
| 20198 | into succeeding fiscal years. |
| 20199 | 7. Providing a report to the Governor, the Speaker of the |
| 20200 | House of Representatives, and the President of the Senate, on or |
| 20201 | before December 1 of each year. |
| 20202 | (5)(a) The Legislature shall annually determine the amount |
| 20203 | of state or federal low-income child care moneys which shall be |
| 20204 | used to create Child Care Executive Partnership Program child |
| 20205 | care purchasing pools in counties chosen by the Child Care |
| 20206 | Executive Partnership, provided that at least two of the |
| 20207 | counties have populations of no more than 300,000. The |
| 20208 | Legislature shall annually review the effectiveness of the child |
| 20209 | care purchasing pool program and reevaluate the percentage of |
| 20210 | additional state or federal funds, if any, that can be used for |
| 20211 | the program's expansion. |
| 20212 | (b) To ensure a seamless service delivery and ease of |
| 20213 | access for families, an early learning coalition or the |
| 20214 | Department of Economic Opportunity Agency for Workforce |
| 20215 | Innovation shall administer the child care purchasing pool |
| 20216 | funds. |
| 20217 | (c) The Department of Economic Opportunity Agency for |
| 20218 | Workforce Innovation, in conjunction with the Child Care |
| 20219 | Executive Partnership, shall develop procedures for disbursement |
| 20220 | of funds through the child care purchasing pools. In order to be |
| 20221 | considered for funding, an early learning coalition or the |
| 20222 | Department of Economic Opportunity Agency for Workforce |
| 20223 | Innovation must commit to: |
| 20224 | 1. Matching the state purchasing pool funds on a dollar- |
| 20225 | for-dollar basis; and |
| 20226 | 2. Expending only those public funds which are matched by |
| 20227 | employers, local government, and other matching contributors who |
| 20228 | contribute to the purchasing pool. Parents shall also pay a fee, |
| 20229 | which may not be less than the amount identified in the early |
| 20230 | learning coalition's school readiness program sliding fee scale. |
| 20231 | (d) Each early learning coalition shall establish a |
| 20232 | community child care task force for each child care purchasing |
| 20233 | pool. The task force must be composed of employers, parents, |
| 20234 | private child care providers, and one representative from the |
| 20235 | local children's services council, if one exists in the area of |
| 20236 | the purchasing pool. The early learning coalition is expected to |
| 20237 | recruit the task force members from existing child care |
| 20238 | councils, commissions, or task forces already operating in the |
| 20239 | area of a purchasing pool. A majority of the task force shall |
| 20240 | consist of employers. |
| 20241 | (e) Each participating early learning coalition board |
| 20242 | shall develop a plan for the use of child care purchasing pool |
| 20243 | funds. The plan must show how many children will be served by |
| 20244 | the purchasing pool, how many will be new to receiving child |
| 20245 | care services, and how the early learning coalition intends to |
| 20246 | attract new employers and their employees to the program. |
| 20247 | (6) The Department of Economic Opportunity Agency for |
| 20248 | Workforce Innovation shall adopt any rules necessary for the |
| 20249 | implementation and administration of this section. |
| 20250 | Section 458. Subsections (2) and (3) of section 411.0103, |
| 20251 | Florida Statutes, are amended to read: |
| 20252 | 411.0103 Teacher Education and Compensation Helps (TEACH) |
| 20253 | scholarship program.- |
| 20254 | (2) The Department of Economic Opportunity Agency for |
| 20255 | Workforce Innovation may contract for the administration of the |
| 20256 | Teacher Education and Compensation Helps (TEACH) scholarship |
| 20257 | program, which provides educational scholarships to caregivers |
| 20258 | and administrators of early childhood programs, family day care |
| 20259 | homes, and large family child care homes. |
| 20260 | (3) The department agency shall adopt rules under ss. |
| 20261 | 120.536(1) and 120.54 as necessary to administer this section. |
| 20262 | Section 459. Subsections (1) and (3) of section 411.0104, |
| 20263 | Florida Statutes, are amended to read: |
| 20264 | 411.0104 Early Head Start collaboration grants.- |
| 20265 | (1) Contingent upon specific appropriations, the |
| 20266 | Department of Economic Opportunity Agency for Workforce |
| 20267 | Innovation shall establish a program to award collaboration |
| 20268 | grants to assist local agencies in securing Early Head Start |
| 20269 | programs through Early Head Start program federal grants. The |
| 20270 | collaboration grants shall provide the required matching funds |
| 20271 | for public and private nonprofit agencies that have been |
| 20272 | approved for Early Head Start program federal grants. |
| 20273 | (3) The Department of Economic Opportunity Agency for |
| 20274 | Workforce Innovation may adopt rules under ss. 120.536(1) and |
| 20275 | 120.54 as necessary for the award of collaboration grants to |
| 20276 | competing agencies and the administration of the collaboration |
| 20277 | grants program under this section. |
| 20278 | Section 460. Section 411.0105, Florida Statutes, is |
| 20279 | amended to read: |
| 20280 | 411.0105 Early Learning Opportunities Act and Even Start |
| 20281 | Family Literacy Programs; lead agency.-For purposes of |
| 20282 | administration of the Early Learning Opportunities Act and the |
| 20283 | Even Start Family Literacy Programs, pursuant to Pub. L. No. |
| 20284 | 106-554, the Department of Economic Opportunity Agency for |
| 20285 | Workforce Innovation is designated as the lead agency and must |
| 20286 | comply with lead agency responsibilities pursuant to federal |
| 20287 | law. |
| 20288 | Section 461. Section 411.0106, Florida Statutes, is |
| 20289 | amended to read: |
| 20290 | 411.0106 Infants and toddlers in state-funded education |
| 20291 | and care programs; brain development activities.-Each state- |
| 20292 | funded education and care program for children from birth to 5 |
| 20293 | years of age must provide activities to foster brain development |
| 20294 | in infants and toddlers. A program must provide an environment |
| 20295 | that helps children attain the performance standards adopted by |
| 20296 | the Department of Economic Opportunity Agency for Workforce |
| 20297 | Innovation under s. 411.01(4)(d)8. and must be rich in language |
| 20298 | and music and filled with objects of various colors, shapes, |
| 20299 | textures, and sizes to stimulate visual, tactile, auditory, and |
| 20300 | linguistic senses in the children and must include classical |
| 20301 | music and at least 30 minutes of reading to the children each |
| 20302 | day. A program may be offered through an existing early |
| 20303 | childhood program such as Healthy Start, the Title I program, |
| 20304 | the school readiness program, the Head Start program, or a |
| 20305 | private child care program. A program must provide training for |
| 20306 | the infants' and toddlers' parents including direct dialogue and |
| 20307 | interaction between teachers and parents demonstrating the |
| 20308 | urgency of brain development in the first year of a child's |
| 20309 | life. Family day care centers are encouraged, but not required, |
| 20310 | to comply with this section. |
| 20311 | Section 462. Subsection (1) and paragraph (g) of |
| 20312 | subsection (3) of section 411.011, Florida Statutes, are amended |
| 20313 | to read: |
| 20314 | 411.011 Records of children in school readiness programs.- |
| 20315 | (1) The individual records of children enrolled in school |
| 20316 | readiness programs provided under s. 411.01, held by an early |
| 20317 | learning coalition or the Department of Economic Opportunity |
| 20318 | Agency for Workforce Innovation, are confidential and exempt |
| 20319 | from s. 119.07(1) and s. 24(a), Art. I of the State |
| 20320 | Constitution. For purposes of this section, records include |
| 20321 | assessment data, health data, records of teacher observations, |
| 20322 | and personal identifying information. |
| 20323 | (3) School readiness records may be released to: |
| 20324 | (g) Parties to an interagency agreement among early |
| 20325 | learning coalitions, local governmental agencies, providers of |
| 20326 | school readiness programs, state agencies, and the Department of |
| 20327 | Economic Opportunity Agency for Workforce Innovation for the |
| 20328 | purpose of implementing the school readiness program. |
| 20329 |
|
| 20330 | Agencies, organizations, or individuals that receive school |
| 20331 | readiness records in order to carry out their official functions |
| 20332 | must protect the data in a manner that does not permit the |
| 20333 | personal identification of a child enrolled in a school |
| 20334 | readiness program and his or her parents by persons other than |
| 20335 | those authorized to receive the records. |
| 20336 | Section 463. Paragraph (e) of subsection (2) of section |
| 20337 | 411.226, Florida Statutes, is amended to read: |
| 20338 | 411.226 Learning Gateway.- |
| 20339 | (2) LEARNING GATEWAY STEERING COMMITTEE.- |
| 20340 | (e) To support and facilitate system improvements, the |
| 20341 | steering committee must consult with representatives from the |
| 20342 | Department of Education, the Department of Health, the |
| 20343 | Department of Economic Opportunity Agency for Workforce |
| 20344 | Innovation, the Department of Children and Family Services, the |
| 20345 | Agency for Health Care Administration, the Department of |
| 20346 | Juvenile Justice, and the Department of Corrections and with the |
| 20347 | director of the Learning Development and Evaluation Center of |
| 20348 | Florida Agricultural and Mechanical University. |
| 20349 | Section 464. Paragraph (d) of subsection (1), paragraph |
| 20350 | (a) of subsection (2), and paragraph (c) of subsection (3) of |
| 20351 | section 411.227, Florida Statutes, are amended to read: |
| 20352 | 411.227 Components of the Learning Gateway.-The Learning |
| 20353 | Gateway system consists of the following components: |
| 20354 | (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED |
| 20355 | ACCESS.- |
| 20356 | (d) In collaboration with other local resources, the |
| 20357 | demonstration projects shall develop public awareness strategies |
| 20358 | to disseminate information about developmental milestones, |
| 20359 | precursors of learning problems and other developmental delays, |
| 20360 | and the service system that is available. The information should |
| 20361 | target parents of children from birth through age 9 and should |
| 20362 | be distributed to parents, health care providers, and caregivers |
| 20363 | of children from birth through age 9. A variety of media should |
| 20364 | be used as appropriate, such as print, television, radio, and a |
| 20365 | community-based Internet website, as well as opportunities such |
| 20366 | as those presented by parent visits to physicians for well-child |
| 20367 | checkups. The Learning Gateway Steering Committee shall provide |
| 20368 | technical assistance to the local demonstration projects in |
| 20369 | developing and distributing educational materials and |
| 20370 | information. |
| 20371 | 1. Public awareness strategies targeting parents of |
| 20372 | children from birth through age 5 shall be designed to provide |
| 20373 | information to public and private preschool programs, child care |
| 20374 | providers, pediatricians, parents, and local businesses and |
| 20375 | organizations. These strategies should include information on |
| 20376 | the school readiness performance standards adopted by the |
| 20377 | Department of Economic Opportunity Agency for Workforce |
| 20378 | Innovation. |
| 20379 | 2. Public awareness strategies targeting parents of |
| 20380 | children from ages 6 through 9 must be designed to disseminate |
| 20381 | training materials and brochures to parents and public and |
| 20382 | private school personnel, and must be coordinated with the local |
| 20383 | school board and the appropriate school advisory committees in |
| 20384 | the demonstration projects. The materials should contain |
| 20385 | information on state and district proficiency levels for grades |
| 20386 | K-3. |
| 20387 | (2) SCREENING AND DEVELOPMENTAL MONITORING.- |
| 20388 | (a) In coordination with the Department of Economic |
| 20389 | Opportunity Agency for Workforce Innovation, the Department of |
| 20390 | Education, and the Florida Pediatric Society, and using |
| 20391 | information learned from the local demonstration projects, the |
| 20392 | Learning Gateway Steering Committee shall establish guidelines |
| 20393 | for screening children from birth through age 9. The guidelines |
| 20394 | should incorporate recent research on the indicators most likely |
| 20395 | to predict early learning problems, mild developmental delays, |
| 20396 | child-specific precursors of school failure, and other related |
| 20397 | developmental indicators in the domains of cognition; |
| 20398 | communication; attention; perception; behavior; and social, |
| 20399 | emotional, sensory, and motor functioning. |
| 20400 | (3) EARLY EDUCATION, SERVICES AND SUPPORTS.- |
| 20401 | (c) The steering committee, in cooperation with the |
| 20402 | Department of Children and Family Services, the Department of |
| 20403 | Education, and the Department of Economic Opportunity Agency for |
| 20404 | Workforce Innovation, shall identify the elements of an |
| 20405 | effective research-based curriculum for early care and education |
| 20406 | programs. |
| 20407 | Section 465. Section 414.24, Florida Statutes, is amended |
| 20408 | to read: |
| 20409 | 414.24 Integrated welfare reform and child welfare |
| 20410 | services.-The department shall develop integrated service |
| 20411 | delivery strategies to better meet the needs of families subject |
| 20412 | to work activity requirements who are involved in the child |
| 20413 | welfare system or are at high risk of involvement in the child |
| 20414 | welfare system. To the extent that resources are available, the |
| 20415 | department and the Department of Economic Opportunity the |
| 20416 | Department of Labor and Employment Security shall provide funds |
| 20417 | to one or more service districts to promote development of |
| 20418 | integrated, nonduplicative case management within the |
| 20419 | department, the Department of Economic Opportunity the |
| 20420 | Department of Labor and Employment Security, other participating |
| 20421 | government agencies, and community partners. Alternative |
| 20422 | delivery systems shall be encouraged which include well-defined, |
| 20423 | pertinent outcome measures. Other factors to be considered shall |
| 20424 | include innovation regarding training, enhancement of existing |
| 20425 | resources, and increased private sector and business sector |
| 20426 | participation. |
| 20427 | Section 466. Subsection (1) of section 414.295, Florida |
| 20428 | Statutes, is amended to read: |
| 20429 | 414.295 Temporary cash assistance programs; public records |
| 20430 | exemption.- |
| 20431 | (1) Personal identifying information of a temporary cash |
| 20432 | assistance program participant, a participant's family, or a |
| 20433 | participant's family or household member, except for information |
| 20434 | identifying a parent who does not live in the same home as the |
| 20435 | child, held by the department, the Department of Economic |
| 20436 | Opportunity the Agency for Workforce Innovation, Workforce |
| 20437 | Florida, Inc., the Department of Health, the Department of |
| 20438 | Revenue, the Department of Education, or a regional workforce |
| 20439 | board or local committee created pursuant to s. 445.007 is |
| 20440 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
| 20441 | of the State Constitution. Such confidential and exempt |
| 20442 | information may be released for purposes directly connected |
| 20443 | with: |
| 20444 | (a) The administration of the temporary assistance for |
| 20445 | needy families plan under Title IV-A of the Social Security Act, |
| 20446 | as amended, by the department, the Department of Economic |
| 20447 | Opportunity the Agency for Workforce Innovation, Workforce |
| 20448 | Florida, Inc., the Department of Military Affairs, the |
| 20449 | Department of Health, the Department of Revenue, the Department |
| 20450 | of Education, a regional workforce board or local committee |
| 20451 | created pursuant to s. 445.007, or a school district. |
| 20452 | (b) The administration of the state's plan or program |
| 20453 | approved under Title IV-B, Title IV-D, or Title IV-E of the |
| 20454 | Social Security Act, as amended, or under Title I, Title X, |
| 20455 | Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the |
| 20456 | Social Security Act, as amended. |
| 20457 | (c) Any investigation, prosecution, or any criminal, |
| 20458 | civil, or administrative proceeding conducted in connection with |
| 20459 | the administration of any of the plans or programs specified in |
| 20460 | paragraph (a) or paragraph (b) by a federal, state, or local |
| 20461 | governmental entity, upon request by that entity, when such |
| 20462 | request is made pursuant to the proper exercise of that entity's |
| 20463 | duties and responsibilities. |
| 20464 | (d) The administration of any other state, federal, or |
| 20465 | federally assisted program that provides assistance or services |
| 20466 | on the basis of need, in cash or in kind, directly to a |
| 20467 | participant. |
| 20468 | (e) Any audit or similar activity, such as a review of |
| 20469 | expenditure reports or financial review, conducted in connection |
| 20470 | with the administration of any of the plans or programs |
| 20471 | specified in paragraph (a) or paragraph (b) by a governmental |
| 20472 | entity authorized by law to conduct such audit or activity. |
| 20473 | (f) The administration of the unemployment compensation |
| 20474 | program. |
| 20475 | (g) The reporting to the appropriate agency or official of |
| 20476 | information about known or suspected instances of physical or |
| 20477 | mental injury, sexual abuse or exploitation, or negligent |
| 20478 | treatment or maltreatment of a child or elderly person receiving |
| 20479 | assistance, if circumstances indicate that the health or welfare |
| 20480 | of the child or elderly person is threatened. |
| 20481 | (h) The administration of services to elderly persons |
| 20482 | under ss. 430.601-430.606. |
| 20483 | Section 467. Subsections (1) and (3) of section 414.411, |
| 20484 | Florida Statutes, are amended to read: |
| 20485 | 414.411 Public assistance fraud.- |
| 20486 | (1) The Department of Financial Services shall investigate |
| 20487 | all public assistance provided to residents of the state or |
| 20488 | provided to others by the state. In the course of such |
| 20489 | investigation the department shall examine all records, |
| 20490 | including electronic benefits transfer records and make inquiry |
| 20491 | of all persons who may have knowledge as to any irregularity |
| 20492 | incidental to the disbursement of public moneys, food |
| 20493 | assistance, or other items or benefits authorizations to |
| 20494 | recipients. All public assistance recipients, as a condition |
| 20495 | precedent to qualification for public assistance under chapter |
| 20496 | 409, chapter 411, or this chapter, must first give in writing, |
| 20497 | to the Agency for Health Care Administration, the Department of |
| 20498 | Health, the Department of Economic Opportunity the Agency for |
| 20499 | Workforce Innovation, and the Department of Children and Family |
| 20500 | Services, as appropriate, and to the Department of Financial |
| 20501 | Services, consent to make inquiry of past or present employers |
| 20502 | and records, financial or otherwise. |
| 20503 | (3) The results of such investigation shall be reported by |
| 20504 | the Department of Financial Services to the appropriate |
| 20505 | legislative committees, the Agency for Health Care |
| 20506 | Administration, the Department of Health, the Department of |
| 20507 | Economic Opportunity the Agency for Workforce Innovation, and |
| 20508 | the Department of Children and Family Services, and to such |
| 20509 | others as the department may determine. |
| 20510 | Section 468. Paragraph (g) of subsection (1) of section |
| 20511 | 427.012, Florida Statutes, is amended to read: |
| 20512 | 427.012 The Commission for the Transportation |
| 20513 | Disadvantaged.-There is created the Commission for the |
| 20514 | Transportation Disadvantaged in the Department of |
| 20515 | Transportation. |
| 20516 | (1) The commission shall consist of seven members, all of |
| 20517 | whom shall be appointed by the Governor, in accordance with the |
| 20518 | requirements of s. 20.052. |
| 20519 | (g) The Secretary of Transportation, the Secretary of |
| 20520 | Children and Family Services, the Commissioner of Economic |
| 20521 | Opportunity director of Workforce Innovation, the executive |
| 20522 | director of the Department of Veterans' Affairs, the Secretary |
| 20523 | of Elderly Affairs, the Secretary of Health Care Administration, |
| 20524 | the director of the Agency for Persons with Disabilities, and a |
| 20525 | county manager or administrator who is appointed by the |
| 20526 | Governor, or a senior management level representative of each, |
| 20527 | shall serve as ex officio, nonvoting advisors to the commission. |
| 20528 | Section 469. Paragraph (b) of subsection (2) of section |
| 20529 | 429.907, Florida Statutes, is amended to read: |
| 20530 | 429.907 License requirement; fee; exemption; display.- |
| 20531 | (2) |
| 20532 | (b) If In the event a licensed center becomes wholly or |
| 20533 | substantially unusable due to a disaster as defined in s. |
| 20534 | 252.34(1) or due to an emergency as those terms are defined in |
| 20535 | s. 252.34(3): |
| 20536 | 1. The licensee may continue to operate under its current |
| 20537 | license in a premise or premises separate from that authorized |
| 20538 | under the license if the licensee has: |
| 20539 | a. Specified the location of the premise or premises in |
| 20540 | its comprehensive emergency management plan submitted to and |
| 20541 | approved by the applicable county emergency management |
| 20542 | authority; and |
| 20543 | b. Notified the agency and the county emergency management |
| 20544 | authority within 24 hours of operating in the separate premise |
| 20545 | or premises. |
| 20546 | 2. The licensee shall operate the separate premise or |
| 20547 | premises only while the licensed center's original location is |
| 20548 | substantially unusable and for up to no longer than 180 days. |
| 20549 | The agency may extend use of the alternate premise or premises |
| 20550 | beyond the initial 180 days. The agency may also review the |
| 20551 | operation of the disaster premise or premises quarterly. |
| 20552 | Section 470. Subsection (2) of section 440.12, Florida |
| 20553 | Statutes, is amended to read: |
| 20554 | 440.12 Time for commencement and limits on weekly rate of |
| 20555 | compensation.- |
| 20556 | (2) Compensation for disability resulting from injuries |
| 20557 | which occur after December 31, 1974, shall not be less than $20 |
| 20558 | per week. However, if the employee's wages at the time of injury |
| 20559 | are less than $20 per week, he or she shall receive his or her |
| 20560 | full weekly wages. If the employee's wages at the time of the |
| 20561 | injury exceed $20 per week, compensation shall not exceed an |
| 20562 | amount per week which is: |
| 20563 | (a) Equal to 100 percent of the statewide average weekly |
| 20564 | wage, determined as hereinafter provided for the year in which |
| 20565 | the injury occurred; however, the increase to 100 percent from |
| 20566 | 66 2/3 percent of the statewide average weekly wage shall apply |
| 20567 | only to injuries occurring on or after August 1, 1979; and |
| 20568 | (b) Adjusted to the nearest dollar. |
| 20569 |
|
| 20570 | For the purpose of this subsection, the "statewide average |
| 20571 | weekly wage" means the average weekly wage paid by employers |
| 20572 | subject to the Florida Unemployment Compensation Law as reported |
| 20573 | to the Department of Economic Opportunity the Agency for |
| 20574 | Workforce Innovation for the four calendar quarters ending each |
| 20575 | June 30, which average weekly wage shall be determined by the |
| 20576 | Department of Economic Opportunity the Agency for Workforce |
| 20577 | Innovation on or before November 30 of each year and shall be |
| 20578 | used in determining the maximum weekly compensation rate with |
| 20579 | respect to injuries occurring in the calendar year immediately |
| 20580 | following. The statewide average weekly wage determined by the |
| 20581 | Department of Economic Opportunity the Agency for Workforce |
| 20582 | Innovation shall be reported annually to the Legislature. |
| 20583 | Section 471. Paragraph (c) of subsection (9) of section |
| 20584 | 440.15, Florida Statutes, is amended to read: |
| 20585 | 440.15 Compensation for disability.-Compensation for |
| 20586 | disability shall be paid to the employee, subject to the limits |
| 20587 | provided in s. 440.12(2), as follows: |
| 20588 | (9) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER AND |
| 20589 | FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE ACT.- |
| 20590 | (c) Disability compensation benefits payable for any week, |
| 20591 | including those benefits provided by paragraph (1)(f), may not |
| 20592 | be reduced pursuant to this subsection until the Social Security |
| 20593 | Administration determines the amount otherwise payable to the |
| 20594 | employee under 42 U.S.C. ss. 402 and 423 and the employee has |
| 20595 | begun receiving such social security benefit payments. The |
| 20596 | employee shall, upon demand by the department, the employer, or |
| 20597 | the carrier, authorize the Social Security Administration to |
| 20598 | release disability information relating to her or him and |
| 20599 | authorize the Department of Economic Opportunity the Agency for |
| 20600 | Workforce Innovation to release unemployment compensation |
| 20601 | information relating to her or him, in accordance with rules to |
| 20602 | be adopted by the department prescribing the procedure and |
| 20603 | manner for requesting the authorization and for compliance by |
| 20604 | the employee. The department or the employer or carrier may not |
| 20605 | make any payment of benefits for total disability or those |
| 20606 | additional benefits provided by paragraph (1)(f) for any period |
| 20607 | during which the employee willfully fails or refuses to |
| 20608 | authorize the release of information in the manner and within |
| 20609 | the time prescribed by such rules. The authority for release of |
| 20610 | disability information granted by an employee under this |
| 20611 | paragraph is effective for a period not to exceed 12 months and |
| 20612 | such authority may be renewed, as the department prescribes by |
| 20613 | rule. |
| 20614 | Section 472. Subsections (4) and (7) of section 440.381, |
| 20615 | Florida Statutes, are amended to read: |
| 20616 | 440.381 Application for coverage; reporting payroll; |
| 20617 | payroll audit procedures; penalties.- |
| 20618 | (4) Each employer must submit a copy of the quarterly |
| 20619 | earnings earning report required by chapter 443 at the end of |
| 20620 | each quarter to the carrier and submit self-audits supported by |
| 20621 | the quarterly earnings reports required by chapter 443 and the |
| 20622 | rules adopted by the Department of Economic Opportunity the |
| 20623 | Agency for Workforce Innovation or by the Department of Revenue |
| 20624 | as the state agency providing unemployment tax collection |
| 20625 | services under an interagency agreement contract with the |
| 20626 | Department of Economic Opportunity the Agency for Workforce |
| 20627 | Innovation through an interagency agreement pursuant to s. |
| 20628 | 443.1316. The reports must include a sworn statement by an |
| 20629 | officer or principal of the employer attesting to the accuracy |
| 20630 | of the information contained in the report. |
| 20631 | (7) If an employee suffering a compensable injury was not |
| 20632 | reported as earning wages on the last quarterly earnings report |
| 20633 | filed with the Department of Economic Opportunity the Agency for |
| 20634 | Workforce Innovation or the Department of Revenue as the state |
| 20635 | agency providing unemployment tax collection services under an |
| 20636 | interagency agreement contract with the Department of Economic |
| 20637 | Opportunity the Agency for Workforce Innovation through an |
| 20638 | interagency agreement pursuant to s. 443.1316 before the |
| 20639 | accident, the employer shall indemnify the carrier for all |
| 20640 | workers' compensation benefits paid to or on behalf of the |
| 20641 | employee unless the employer establishes that the employee was |
| 20642 | hired after the filing of the quarterly report, in which case |
| 20643 | the employer and employee shall attest to the fact that the |
| 20644 | employee was employed by the employer at the time of the injury. |
| 20645 | Failure of the employer to indemnify the insurer within 21 days |
| 20646 | after demand by the insurer is grounds for the insurer to |
| 20647 | immediately cancel coverage. Any action for indemnification |
| 20648 | brought by the carrier is cognizable in the circuit court having |
| 20649 | jurisdiction where the employer or carrier resides or transacts |
| 20650 | business. The insurer is entitled to a reasonable attorney's fee |
| 20651 | if it recovers any portion of the benefits paid in the action. |
| 20652 | Section 473. Subsections (1), (4), and (5) of section |
| 20653 | 443.012, Florida Statutes, are amended to read: |
| 20654 | 443.012 Unemployment Appeals Commission.- |
| 20655 | (1) There is created within the Department of Economic |
| 20656 | Opportunity Agency for Workforce Innovation an Unemployment |
| 20657 | Appeals Commission. The commission is composed of a chair and |
| 20658 | two other members appointed by the Governor, subject to |
| 20659 | confirmation by the Senate. Only one appointee may be a |
| 20660 | representative of employers, as demonstrated by his or her |
| 20661 | previous vocation, employment, or affiliation; and only one |
| 20662 | appointee may be a representative of employees, as demonstrated |
| 20663 | by his or her previous vocation, employment, or affiliation. |
| 20664 | (a) The chair shall devote his or her entire time to |
| 20665 | commission duties and is responsible for the administrative |
| 20666 | functions of the commission. |
| 20667 | (b) The chair has authority to appoint a general counsel |
| 20668 | and other personnel to carry out the duties and responsibilities |
| 20669 | of the commission. |
| 20670 | (c) The chair must have the qualifications required by law |
| 20671 | for a judge of the circuit court and may not engage in any other |
| 20672 | business vocation or employment. Notwithstanding any other law, |
| 20673 | the chair shall be paid a salary equal to that paid under state |
| 20674 | law to a judge of the circuit court. |
| 20675 | (d) The remaining members shall be paid a stipend of $100 |
| 20676 | for each day they are engaged in the work of the commission. The |
| 20677 | chair and other members are entitled to be reimbursed for travel |
| 20678 | expenses, as provided in s. 112.061. |
| 20679 | (e) The total salary and travel expenses of each member of |
| 20680 | the commission shall be paid from the Employment Security |
| 20681 | Administration Trust Fund. |
| 20682 | (4) The property, personnel, and appropriations relating |
| 20683 | to the specified authority, powers, duties, and responsibilities |
| 20684 | of the commission shall be provided to the commission by the |
| 20685 | Department of Economic Opportunity the Agency for Workforce |
| 20686 | Innovation. |
| 20687 | (5) The commission is not subject to control, supervision, |
| 20688 | or direction by the Department of Economic Opportunity the |
| 20689 | Agency for Workforce Innovation in performing its powers or |
| 20690 | duties under this chapter. |
| 20691 | Section 474. Subsections (16) through (40) of section |
| 20692 | 443.036, Florida Statutes, are renumbered as subsections (17) |
| 20693 | through (41), respectively, present subsections (9), (18), (41), |
| 20694 | (43), and (45) are amended, and a new subsection (16) is added |
| 20695 | to that section, to read: |
| 20696 | 443.036 Definitions.-As used in this chapter, the term: |
| 20697 | (9) "Benefit year" means, for an individual, the 1-year |
| 20698 | period beginning with the first day of the first week for which |
| 20699 | the individual first files a valid claim for benefits and, |
| 20700 | thereafter, the 1-year period beginning with the first day of |
| 20701 | the first week for which the individual next files a valid claim |
| 20702 | for benefits after the termination of his or her last preceding |
| 20703 | benefit year. Each claim for benefits made in accordance with s. |
| 20704 | 443.151(2) is a valid claim under this subsection if the |
| 20705 | individual was paid wages for insured work in accordance with s. |
| 20706 | 443.091(1)(g) and is unemployed as defined in subsection (43) at |
| 20707 | the time of filing the claim. However, the department Agency for |
| 20708 | Workforce Innovation may adopt rules providing for the |
| 20709 | establishment of a uniform benefit year for all workers in one |
| 20710 | or more groups or classes of service or within a particular |
| 20711 | industry if the department agency determines, after notice to |
| 20712 | the industry and to the workers in the industry and an |
| 20713 | opportunity to be heard in the matter, that those groups or |
| 20714 | classes of workers in a particular industry periodically |
| 20715 | experience unemployment resulting from layoffs or shutdowns for |
| 20716 | limited periods of time. |
| 20717 | (16) "Department" means the Department of Economic |
| 20718 | Opportunity. |
| 20719 | (19)(18) "Employee leasing company" means an employing |
| 20720 | unit that has a valid and active license under chapter 468 and |
| 20721 | that maintains the records required by s. 443.171(5) and, in |
| 20722 | addition, is responsible for producing quarterly reports |
| 20723 | concerning the clients of the employee leasing company and the |
| 20724 | internal staff of the employee leasing company. As used in this |
| 20725 | subsection, the term "client" means a party who has contracted |
| 20726 | with an employee leasing company to provide a worker, or |
| 20727 | workers, to perform services for the client. Leased employees |
| 20728 | include employees subsequently placed on the payroll of the |
| 20729 | employee leasing company on behalf of the client. An employee |
| 20730 | leasing company must notify the Department of Revenue tax |
| 20731 | collection service provider within 30 days after the initiation |
| 20732 | or termination of the company's relationship with any client |
| 20733 | company under chapter 468. |
| 20734 | (41) "Tax collection service provider" or "service |
| 20735 | provider" means the state agency providing unemployment tax |
| 20736 | collection services under contract with the Agency for Workforce |
| 20737 | Innovation through an interagency agreement pursuant to s. |
| 20738 | 443.1316. |
| 20739 | (43) "Unemployment" means: |
| 20740 | (a) An individual is "totally unemployed" in any week |
| 20741 | during which he or she does not perform any services and for |
| 20742 | which earned income is not payable to him or her. An individual |
| 20743 | is "partially unemployed" in any week of less than full-time |
| 20744 | work if the earned income payable to him or her for that week is |
| 20745 | less than his or her weekly benefit amount. The department The |
| 20746 | Agency for Workforce Innovation may adopt rules prescribing |
| 20747 | distinctions in the procedures for unemployed individuals based |
| 20748 | on total unemployment, part-time unemployment, partial |
| 20749 | unemployment of individuals attached to their regular jobs, and |
| 20750 | other forms of short-time work. |
| 20751 | (b) An individual's week of unemployment commences only |
| 20752 | after his or her registration with the department the Agency for |
| 20753 | Workforce Innovation as required in s. 443.091, except as the |
| 20754 | department agency may otherwise prescribe by rule. |
| 20755 | (45) "Week" means a period of 7 consecutive days as |
| 20756 | defined in the rules of the department the Agency for Workforce |
| 20757 | Innovation. The department the Agency for Workforce Innovation |
| 20758 | may by rule prescribe that a week is deemed to be "in," |
| 20759 | "within," or "during" the benefit year that contains the greater |
| 20760 | part of the week. |
| 20761 | Section 475. Subsections (2) and (3) of section 443.041, |
| 20762 | Florida Statutes, are amended to read: |
| 20763 | 443.041 Waiver of rights; fees; privileged |
| 20764 | communications.- |
| 20765 | (2) FEES.- |
| 20766 | (a) Except as otherwise provided in this chapter, an |
| 20767 | individual claiming benefits may not be charged fees of any kind |
| 20768 | in any proceeding under this chapter by the commission or the |
| 20769 | Department of Economic Opportunity the Agency for Workforce |
| 20770 | Innovation, or their representatives, or by any court or any |
| 20771 | officer of the court. An individual claiming benefits in any |
| 20772 | proceeding before the commission or the Department of Economic |
| 20773 | Opportunity the Agency for Workforce Innovation, or |
| 20774 | representatives of either, or a court may be represented by |
| 20775 | counsel or an authorized representative, but the counsel or |
| 20776 | representative may not charge or receive for those services more |
| 20777 | than an amount approved by the commission, the Department of |
| 20778 | Economic Opportunity the Agency for Workforce Innovation, or the |
| 20779 | court. |
| 20780 | (b) An attorney at law representing a claimant for |
| 20781 | benefits in any district court of appeal of this state or in the |
| 20782 | Supreme Court of Florida is entitled to counsel fees payable by |
| 20783 | the Department of Economic Opportunity the Agency for Workforce |
| 20784 | Innovation as set by the court if the petition for review or |
| 20785 | appeal is initiated by the claimant and results in a decision |
| 20786 | awarding more benefits than provided in the decision from which |
| 20787 | appeal was taken. The amount of the fee may not exceed 50 |
| 20788 | percent of the total amount of regular benefits permitted under |
| 20789 | s. 443.111(5)(a) during the benefit year. |
| 20790 | (c) The Department of Economic Opportunity The Agency for |
| 20791 | Workforce Innovation shall pay attorneys' fees awarded under |
| 20792 | this section from the Employment Security Administration Trust |
| 20793 | Fund as part of the costs of administration of this chapter and |
| 20794 | may pay these fees directly to the attorney for the claimant in |
| 20795 | a lump sum. The Department of Economic Opportunity The Agency |
| 20796 | for Workforce Innovation or the commission may not pay any other |
| 20797 | fees or costs in connection with an appeal. |
| 20798 | (d) Any person, firm, or corporation who or which seeks or |
| 20799 | receives any remuneration or gratuity for any services rendered |
| 20800 | on behalf of a claimant, except as allowed by this section and |
| 20801 | in an amount approved by the Department of Economic Opportunity |
| 20802 | the Agency for Workforce Innovation, the commission, or a court, |
| 20803 | commits a misdemeanor of the second degree, punishable as |
| 20804 | provided in s. 775.082 or s. 775.083. |
| 20805 | (3) PRIVILEGED COMMUNICATIONS.-All letters, reports, |
| 20806 | communications, or any other matters, either oral or written, |
| 20807 | between an employer and an employee or between the department |
| 20808 | Agency for Workforce Innovation or the Department of Revenue its |
| 20809 | tax collection service provider and any of their agents, |
| 20810 | representatives, or employees which are written, sent, |
| 20811 | delivered, or made in connection with this chapter, are |
| 20812 | privileged and may not be the subject matter or basis for any |
| 20813 | suit for slander or libel in any court of the state. |
| 20814 | Section 476. Subsection (3) of section 443.051, Florida |
| 20815 | Statutes, is amended to read: |
| 20816 | 443.051 Benefits not alienable; exception, child support |
| 20817 | intercept.- |
| 20818 | (3) EXCEPTION, SUPPORT INTERCEPT.- |
| 20819 | (a) The Department of Revenue shall, at least biweekly, |
| 20820 | provide the Department of Economic Opportunity the Agency for |
| 20821 | Workforce Innovation with a magnetic tape or other electronic |
| 20822 | data file disclosing the individuals who owe support obligations |
| 20823 | and the amount of any legally required deductions. |
| 20824 | (b) For support obligations established on or after July |
| 20825 | 1, 2006, and for support obligations established before July 1, |
| 20826 | 2006, when the support order does not address the withholding of |
| 20827 | unemployment compensation, the Department of Economic |
| 20828 | Opportunity the Agency for Workforce Innovation shall deduct and |
| 20829 | withhold 40 percent of the unemployment compensation otherwise |
| 20830 | payable to an individual disclosed under paragraph (a). If |
| 20831 | delinquencies, arrearages, or retroactive support are owed and |
| 20832 | repayment has not been ordered, the unpaid amounts are included |
| 20833 | in the support obligation and are subject to withholding. If the |
| 20834 | amount deducted exceeds the support obligation, the Department |
| 20835 | of Revenue shall promptly refund the amount of the excess |
| 20836 | deduction to the obligor. For support obligations in effect |
| 20837 | before July 1, 2006, if the support order addresses the |
| 20838 | withholding of unemployment compensation, the Department of |
| 20839 | Economic Opportunity the Agency for Workforce Innovation shall |
| 20840 | deduct and withhold the amount ordered by the court or |
| 20841 | administrative agency that issued the support order as disclosed |
| 20842 | by the Department of Revenue. |
| 20843 | (c) The Department of Economic Opportunity the Agency for |
| 20844 | Workforce Innovation shall pay any amount deducted and withheld |
| 20845 | under paragraph (b) to the Department of Revenue. |
| 20846 | (d) Any amount deducted and withheld under this subsection |
| 20847 | shall for all purposes be treated as if it were paid to the |
| 20848 | individual as unemployment compensation and paid by the |
| 20849 | individual to the Department of Revenue for support obligations. |
| 20850 | (e) The Department of Revenue shall reimburse the |
| 20851 | Department of Economic Opportunity the Agency for Workforce |
| 20852 | Innovation for the administrative costs incurred by the |
| 20853 | Department of Economic Opportunity the agency under this |
| 20854 | subsection which are attributable to support obligations being |
| 20855 | enforced by the department. |
| 20856 | Section 477. Subsections (3) and (4), paragraph (b) of |
| 20857 | subsection (5), and subsections (6) and (8) of section 443.071, |
| 20858 | Florida Statutes, are amended to read: |
| 20859 | 443.071 Penalties.- |
| 20860 | (3) Any employing unit or any officer or agent of any |
| 20861 | employing unit or any other person who fails to furnish any |
| 20862 | reports required under this chapter or to produce or permit the |
| 20863 | inspection of or copying of records as required under this |
| 20864 | chapter, who fails or refuses, within 6 months after written |
| 20865 | demand by the department the Agency for Workforce Innovation or |
| 20866 | the Department of Revenue its tax collection service provider, |
| 20867 | to keep and maintain the payroll records required by this |
| 20868 | chapter or by rule of the department the Agency for Workforce |
| 20869 | Innovation or the Department of Revenue state agency providing |
| 20870 | tax collection services, or who willfully fails or refuses to |
| 20871 | make any contribution, reimbursement, or other payment required |
| 20872 | from an employer under this chapter commits a misdemeanor of the |
| 20873 | second degree, punishable as provided in s. 775.082 or s. |
| 20874 | 775.083. |
| 20875 | (4) Any person who establishes a fictitious employing unit |
| 20876 | by submitting to the department the Agency for Workforce |
| 20877 | Innovation or the Department of Revenue its tax collection |
| 20878 | service provider fraudulent employing unit records or tax or |
| 20879 | wage reports by the introduction of fraudulent records into a |
| 20880 | computer system, the intentional or deliberate alteration or |
| 20881 | destruction of computerized information or files, or the theft |
| 20882 | of financial instruments, data, and other assets, for the |
| 20883 | purpose of enabling herself or himself or any other person to |
| 20884 | receive benefits under this chapter to which such person is not |
| 20885 | entitled, commits a felony of the third degree, punishable as |
| 20886 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 20887 | (5) In any prosecution or action under this section, the |
| 20888 | entry into evidence of the signature of a person on a document, |
| 20889 | letter, or other writing constitutes prima facie evidence of the |
| 20890 | person's identity if the following conditions exist: |
| 20891 | (b) The signature of the person is witnessed by an agent |
| 20892 | or employee of the department the Agency for Workforce |
| 20893 | Innovation or the Department of Revenue its tax collection |
| 20894 | service provider at the time the document, letter, or other |
| 20895 | writing is filed. |
| 20896 | (6) The entry into evidence of an application for |
| 20897 | unemployment benefits initiated by the use of the Internet |
| 20898 | claims program or the interactive voice response system |
| 20899 | telephone claims program of the department the Agency for |
| 20900 | Workforce Innovation constitutes prima facie evidence of the |
| 20901 | establishment of a personal benefit account by or for an |
| 20902 | individual if the following information is provided: the |
| 20903 | applicant's name, residence address, date of birth, social |
| 20904 | security number, and present or former place of work. |
| 20905 | (8) All records relating to investigations of unemployment |
| 20906 | compensation fraud in the custody of the department the Agency |
| 20907 | for Workforce Innovation or the Department of Revenue its tax |
| 20908 | collection service provider are available for examination by the |
| 20909 | Department of Law Enforcement, the state attorneys, or the |
| 20910 | Office of the Statewide Prosecutor in the prosecution of |
| 20911 | offenses under s. 817.568 or in proceedings brought under this |
| 20912 | chapter. |
| 20913 | Section 478. Subsections (1) and (4) of section 443.091, |
| 20914 | Florida Statutes, are amended to read: |
| 20915 | 443.091 Benefit eligibility conditions.- |
| 20916 | (1) An unemployed individual is eligible to receive |
| 20917 | benefits for any week only if the department the Agency for |
| 20918 | Workforce Innovation finds that: |
| 20919 | (a) She or he has made a claim for benefits for that week |
| 20920 | in accordance with the rules adopted by the department the |
| 20921 | Agency for Workforce Innovation. |
| 20922 | (b) She or he has registered with the department the |
| 20923 | agency for work and subsequently reports to the one-stop career |
| 20924 | center as directed by the regional workforce board for |
| 20925 | reemployment services. This requirement does not apply to |
| 20926 | persons who are: |
| 20927 | 1. Non-Florida residents; |
| 20928 | 2. On a temporary layoff, as defined in s. 443.036(42); |
| 20929 | 3. Union members who customarily obtain employment through |
| 20930 | a union hiring hall; or |
| 20931 | 4. Claiming benefits under an approved short-time |
| 20932 | compensation plan as provided in s. 443.1116. |
| 20933 | (c) To make continued claims for benefits, she or he is |
| 20934 | reporting to the Department of Economic Opportunity the agency |
| 20935 | in accordance with its rules. These rules may not conflict with |
| 20936 | s. 443.111(1)(b), including the requirement that each claimant |
| 20937 | continue to report regardless of any pending appeal relating to |
| 20938 | her or his eligibility or disqualification for benefits. |
| 20939 | (d) She or he is able to work and is available for work. |
| 20940 | In order to assess eligibility for a claimed week of |
| 20941 | unemployment, the Department of Economic Opportunity the agency |
| 20942 | shall develop criteria to determine a claimant's ability to work |
| 20943 | and availability for work. However: |
| 20944 | 1. Notwithstanding any other provision of this paragraph |
| 20945 | or paragraphs (b) and (e), an otherwise eligible individual may |
| 20946 | not be denied benefits for any week because she or he is in |
| 20947 | training with the approval of the Department of Economic |
| 20948 | Opportunity the agency, or by reason of s. 443.101(2) relating |
| 20949 | to failure to apply for, or refusal to accept, suitable work. |
| 20950 | Training may be approved by the Department of Economic |
| 20951 | Opportunity the agency in accordance with criteria prescribed by |
| 20952 | rule. A claimant's eligibility during approved training is |
| 20953 | contingent upon satisfying eligibility conditions prescribed by |
| 20954 | rule. |
| 20955 | 2. Notwithstanding any other provision of this chapter, an |
| 20956 | otherwise eligible individual who is in training approved under |
| 20957 | s. 236(a)(1) of the Trade Act of 1974, as amended, may not be |
| 20958 | determined ineligible or disqualified for benefits due to her or |
| 20959 | his enrollment in such training or because of leaving work that |
| 20960 | is not suitable employment to enter such training. As used in |
| 20961 | this subparagraph, the term "suitable employment" means work of |
| 20962 | a substantially equal or higher skill level than the worker's |
| 20963 | past adversely affected employment, as defined for purposes of |
| 20964 | the Trade Act of 1974, as amended, the wages for which are at |
| 20965 | least 80 percent of the worker's average weekly wage as |
| 20966 | determined for purposes of the Trade Act of 1974, as amended. |
| 20967 | 3. Notwithstanding any other provision of this section, an |
| 20968 | otherwise eligible individual may not be denied benefits for any |
| 20969 | week because she or he is before any state or federal court |
| 20970 | pursuant to a lawfully issued summons to appear for jury duty. |
| 20971 | (e) She or he participates in reemployment services, such |
| 20972 | as job search assistance services, whenever the individual has |
| 20973 | been determined, by a profiling system established by the rules |
| 20974 | of the Department of Economic Opportunity agency rule, to be |
| 20975 | likely to exhaust regular benefits and to be in need of |
| 20976 | reemployment services. |
| 20977 | (f) She or he has been unemployed for a waiting period of |
| 20978 | 1 week. A week may not be counted as a week of unemployment |
| 20979 | under this subsection: |
| 20980 | 1. Unless it occurs within the benefit year that includes |
| 20981 | the week for which she or he claims payment of benefits. |
| 20982 | 2. If benefits have been paid for that week. |
| 20983 | 3. Unless the individual was eligible for benefits for |
| 20984 | that week as provided in this section and s. 443.101, except for |
| 20985 | the requirements of this subsection and of s. 443.101(5). |
| 20986 | (g) She or he has been paid wages for insured work equal |
| 20987 | to 1.5 times her or his high quarter wages during her or his |
| 20988 | base period, except that an unemployed individual is not |
| 20989 | eligible to receive benefits if the base period wages are less |
| 20990 | than $3,400. |
| 20991 | (h) She or he submitted to the Department of Economic |
| 20992 | Opportunity the agency a valid social security number assigned |
| 20993 | to her or him. The Department of Economic Opportunity The agency |
| 20994 | may verify the social security number with the United States |
| 20995 | Social Security Administration and may deny benefits if the |
| 20996 | Department of Economic Opportunity the agency is unable to |
| 20997 | verify the individual's social security number, the social |
| 20998 | security number is invalid, or the social security number is not |
| 20999 | assigned to the individual. |
| 21000 | (4) In the event of national emergency, in the course of |
| 21001 | which the Federal Emergency Unemployment Payment Plan is, at the |
| 21002 | request of the Governor, invoked for all or any part of the |
| 21003 | state, the emergency plan shall supersede the procedures |
| 21004 | prescribed by this chapter, and by rules adopted under this |
| 21005 | chapter, and the Department of Economic Opportunity the Agency |
| 21006 | for Workforce Innovation shall act as the Florida agency for the |
| 21007 | United States Department of Labor in the administration of the |
| 21008 | plan. |
| 21009 | Section 479. Subsections (1), (2), (4), (6), (7), and (9) |
| 21010 | of section 443.101, Florida Statutes, are amended to read: |
| 21011 | 443.101 Disqualification for benefits.-An individual shall |
| 21012 | be disqualified for benefits: |
| 21013 | (1)(a) For the week in which he or she has voluntarily |
| 21014 | left work without good cause attributable to his or her |
| 21015 | employing unit or in which the individual has been discharged by |
| 21016 | the employing unit for misconduct connected with his or her |
| 21017 | work, based on a finding by the Department of Economic |
| 21018 | Opportunity the Agency for Workforce Innovation. As used in this |
| 21019 | paragraph, the term "work" means any work, whether full-time, |
| 21020 | part-time, or temporary. |
| 21021 | 1. Disqualification for voluntarily quitting continues for |
| 21022 | the full period of unemployment next ensuing after the |
| 21023 | individual has left his or her full-time, part-time, or |
| 21024 | temporary work voluntarily without good cause and until the |
| 21025 | individual has earned income equal to or in excess of 17 times |
| 21026 | his or her weekly benefit amount. As used in this subsection, |
| 21027 | the term "good cause" includes only that cause attributable to |
| 21028 | the employing unit or which consists of the individual's illness |
| 21029 | or disability requiring separation from his or her work. Any |
| 21030 | other disqualification may not be imposed. An individual is not |
| 21031 | disqualified under this subsection for voluntarily leaving |
| 21032 | temporary work to return immediately when called to work by the |
| 21033 | permanent employing unit that temporarily terminated his or her |
| 21034 | work within the previous 6 calendar months. An individual is not |
| 21035 | disqualified under this subsection for voluntarily leaving work |
| 21036 | to relocate as a result of his or her military-connected |
| 21037 | spouse's permanent change of station orders, activation orders, |
| 21038 | or unit deployment orders. |
| 21039 | 2. Disqualification for being discharged for misconduct |
| 21040 | connected with his or her work continues for the full period of |
| 21041 | unemployment next ensuing after having been discharged and until |
| 21042 | the individual is reemployed and has earned income of at least |
| 21043 | 17 times his or her weekly benefit amount and for not more than |
| 21044 | 52 weeks that immediately follow that week, as determined by the |
| 21045 | Department of Economic Opportunity the agency in each case |
| 21046 | according to the circumstances in each case or the seriousness |
| 21047 | of the misconduct, under the Department of Economic |
| 21048 | Opportunity's the agency's rules adopted for determinations of |
| 21049 | disqualification for benefits for misconduct. |
| 21050 | 3. If an individual has provided notification to the |
| 21051 | employing unit of his or her intent to voluntarily leave work |
| 21052 | and the employing unit discharges the individual for reasons |
| 21053 | other than misconduct before the date the voluntary quit was to |
| 21054 | take effect, the individual, if otherwise entitled, shall |
| 21055 | receive benefits from the date of the employer's discharge until |
| 21056 | the effective date of his or her voluntary quit. |
| 21057 | 4. If an individual is notified by the employing unit of |
| 21058 | the employer's intent to discharge the individual for reasons |
| 21059 | other than misconduct and the individual quits without good |
| 21060 | cause, as defined in this section, before the date the discharge |
| 21061 | was to take effect, the claimant is ineligible for benefits |
| 21062 | pursuant to s. 443.091(1)(d) for failing to be available for |
| 21063 | work for the week or weeks of unemployment occurring before the |
| 21064 | effective date of the discharge. |
| 21065 | (b) For any week with respect to which the Department of |
| 21066 | Economic Opportunity the Agency for Workforce Innovation finds |
| 21067 | that his or her unemployment is due to a suspension for |
| 21068 | misconduct connected with the individual's work. |
| 21069 | (c) For any week with respect to which the Department of |
| 21070 | Economic Opportunity the Agency for Workforce Innovation finds |
| 21071 | that his or her unemployment is due to a leave of absence, if |
| 21072 | the leave was voluntarily initiated by the individual. |
| 21073 | (d) For any week with respect to which the Department of |
| 21074 | Economic Opportunity the Agency for Workforce Innovation finds |
| 21075 | that his or her unemployment is due to a discharge for |
| 21076 | misconduct connected with the individual's work, consisting of |
| 21077 | drug use, as evidenced by a positive, confirmed drug test. |
| 21078 | (2) If the Department of Economic Opportunity the Agency |
| 21079 | for Workforce Innovation finds that the individual has failed |
| 21080 | without good cause to apply for available suitable work when |
| 21081 | directed by the Department of Economic Opportunity the agency or |
| 21082 | the one-stop career center, to accept suitable work when offered |
| 21083 | to him or her, or to return to the individual's customary self- |
| 21084 | employment when directed by the Department of Economic |
| 21085 | Opportunity the agency, the disqualification continues for the |
| 21086 | full period of unemployment next ensuing after he or she failed |
| 21087 | without good cause to apply for available suitable work, to |
| 21088 | accept suitable work, or to return to his or her customary self- |
| 21089 | employment, under this subsection, and until the individual has |
| 21090 | earned income at least 17 times his or her weekly benefit |
| 21091 | amount. The Department of Economic Opportunity The Agency for |
| 21092 | Workforce Innovation shall by rule adopt criteria for |
| 21093 | determining the "suitability of work," as used in this section. |
| 21094 | The Department of Economic Opportunity The Agency for Workforce |
| 21095 | Innovation in developing these rules shall consider the duration |
| 21096 | of a claimant's unemployment in determining the suitability of |
| 21097 | work and the suitability of proposed rates of compensation for |
| 21098 | available work. Further, after an individual has received 25 |
| 21099 | weeks of benefits in a single year, suitable work is a job that |
| 21100 | pays the minimum wage and is 120 percent or more of the weekly |
| 21101 | benefit amount the individual is drawing. |
| 21102 | (a) In determining whether or not any work is suitable for |
| 21103 | an individual, the Department of Economic Opportunity the Agency |
| 21104 | for Workforce Innovation shall consider the degree of risk |
| 21105 | involved to his or her health, safety, and morals; his or her |
| 21106 | physical fitness and prior training; the individual's experience |
| 21107 | and prior earnings; his or her length of unemployment and |
| 21108 | prospects for securing local work in his or her customary |
| 21109 | occupation; and the distance of the available work from his or |
| 21110 | her residence. |
| 21111 | (b) Notwithstanding any other provisions of this chapter, |
| 21112 | work is not deemed suitable and benefits may not be denied under |
| 21113 | this chapter to any otherwise eligible individual for refusing |
| 21114 | to accept new work under any of the following conditions: |
| 21115 | 1. If the position offered is vacant due directly to a |
| 21116 | strike, lockout, or other labor dispute. |
| 21117 | 2. If the wages, hours, or other conditions of the work |
| 21118 | offered are substantially less favorable to the individual than |
| 21119 | those prevailing for similar work in the locality. |
| 21120 | 3. If as a condition of being employed, the individual |
| 21121 | would be required to join a company union or to resign from or |
| 21122 | refrain from joining any bona fide labor organization. |
| 21123 | (c) If the Department of Economic Opportunity the Agency |
| 21124 | for Workforce Innovation finds that an individual was rejected |
| 21125 | for offered employment as the direct result of a positive, |
| 21126 | confirmed drug test required as a condition of employment, the |
| 21127 | individual is disqualified for refusing to accept an offer of |
| 21128 | suitable work. |
| 21129 | (4) For any week with respect to which the Department of |
| 21130 | Economic Opportunity the Agency for Workforce Innovation finds |
| 21131 | that his or her total or partial unemployment is due to a labor |
| 21132 | dispute in active progress which exists at the factory, |
| 21133 | establishment, or other premises at which he or she is or was |
| 21134 | last employed; except that this subsection does not apply if it |
| 21135 | is shown to the satisfaction of the Department of Economic |
| 21136 | Opportunity the Agency for Workforce Innovation that: |
| 21137 | (a)1. He or she is not participating in, financing, or |
| 21138 | directly interested in the labor dispute that is in active |
| 21139 | progress; however, the payment of regular union dues may not be |
| 21140 | construed as financing a labor dispute within the meaning of |
| 21141 | this section; and |
| 21142 | 2. He or she does not belong to a grade or class of |
| 21143 | workers of which immediately before the commencement of the |
| 21144 | labor dispute there were members employed at the premises at |
| 21145 | which the labor dispute occurs any of whom are participating in, |
| 21146 | financing, or directly interested in the dispute; if in any case |
| 21147 | separate branches of work are commonly conducted as separate |
| 21148 | businesses in separate premises, or are conducted in separate |
| 21149 | departments of the same premises, each department, for the |
| 21150 | purpose of this subsection, is deemed to be a separate factory, |
| 21151 | establishment, or other premise. |
| 21152 | (b) His or her total or partial unemployment results from |
| 21153 | a lockout by his or her employer. As used in this section, the |
| 21154 | term "lockout" means a situation in which employees have not |
| 21155 | gone on strike, nor have employees notified the employer of a |
| 21156 | date certain for a strike, but in which employees have been |
| 21157 | denied entry to the factory, establishment, or other premises of |
| 21158 | employment by the employer. However, benefits are not payable |
| 21159 | under this paragraph if the lockout action was taken in response |
| 21160 | to threats, actions, or other indications of impending damage to |
| 21161 | property and equipment or possible physical violence by |
| 21162 | employees or in response to actual damage or violence or a |
| 21163 | substantial reduction in production instigated or perpetrated by |
| 21164 | employees. |
| 21165 | (6) For a period not to exceed 1 year from the date of the |
| 21166 | discovery by the Department of Economic Opportunity the Agency |
| 21167 | for Workforce Innovation of the making of any false or |
| 21168 | fraudulent representation for the purpose of obtaining benefits |
| 21169 | contrary to this chapter, constituting a violation under s. |
| 21170 | 443.071. This disqualification may be appealed in the same |
| 21171 | manner as any other disqualification imposed under this section. |
| 21172 | A conviction by any court of competent jurisdiction in this |
| 21173 | state of the offense prohibited or punished by s. 443.071 is |
| 21174 | conclusive upon the appeals referee and the commission of the |
| 21175 | making of the false or fraudulent representation for which |
| 21176 | disqualification is imposed under this section. |
| 21177 | (7) If the Department of Economic Opportunity the Agency |
| 21178 | for Workforce Innovation finds that the individual is an alien, |
| 21179 | unless the alien is an individual who has been lawfully admitted |
| 21180 | for permanent residence or otherwise is permanently residing in |
| 21181 | the United States under color of law, including an alien who is |
| 21182 | lawfully present in the United States as a result of the |
| 21183 | application of s. 203(a)(7) or s. 212(d)(5) of the Immigration |
| 21184 | and Nationality Act, if any modifications to s. 3304(a)(14) of |
| 21185 | the Federal Unemployment Tax Act, as provided by Pub. L. No. 94- |
| 21186 | 566, which specify other conditions or other effective dates |
| 21187 | than those stated under federal law for the denial of benefits |
| 21188 | based on services performed by aliens, and which modifications |
| 21189 | are required to be implemented under state law as a condition |
| 21190 | for full tax credit against the tax imposed by the Federal |
| 21191 | Unemployment Tax Act, are deemed applicable under this section, |
| 21192 | if: |
| 21193 | (a) Any data or information required of individuals |
| 21194 | applying for benefits to determine whether benefits are not |
| 21195 | payable to them because of their alien status is uniformly |
| 21196 | required from all applicants for benefits; and |
| 21197 | (b) In the case of an individual whose application for |
| 21198 | benefits would otherwise be approved, a determination that |
| 21199 | benefits to such individual are not payable because of his or |
| 21200 | her alien status may not be made except by a preponderance of |
| 21201 | the evidence. |
| 21202 |
|
| 21203 | If the Department of Economic Opportunity the Agency for |
| 21204 | Workforce Innovation finds that the individual has refused |
| 21205 | without good cause an offer of resettlement or relocation, which |
| 21206 | offer provides for suitable employment for the individual |
| 21207 | notwithstanding the distance of relocation, resettlement, or |
| 21208 | employment from the current location of the individual in this |
| 21209 | state, this disqualification continues for the week in which the |
| 21210 | failure occurred and for not more than 17 weeks immediately |
| 21211 | after that week, or a reduction by not more than 5 weeks from |
| 21212 | the duration of benefits, as determined by the Department of |
| 21213 | Economic Opportunity the Agency for Workforce Innovation in each |
| 21214 | case. |
| 21215 | (9) If the individual was terminated from his or her work |
| 21216 | for violation of any criminal law punishable by imprisonment, or |
| 21217 | for any dishonest act, in connection with his or her work, as |
| 21218 | follows: |
| 21219 | (a) If the Department of Economic Opportunity the Agency |
| 21220 | for Workforce Innovation or the Unemployment Appeals Commission |
| 21221 | finds that the individual was terminated from his or her work |
| 21222 | for violation of any criminal law punishable by imprisonment in |
| 21223 | connection with his or her work, and the individual was found |
| 21224 | guilty of the offense, made an admission of guilt in a court of |
| 21225 | law, or entered a plea of no contest, the individual is not |
| 21226 | entitled to unemployment benefits for up to 52 weeks, under |
| 21227 | rules adopted by the Department of Economic Opportunity the |
| 21228 | Agency for Workforce Innovation, and until he or she has earned |
| 21229 | income of at least 17 times his or her weekly benefit amount. |
| 21230 | If, before an adjudication of guilt, an admission of guilt, or a |
| 21231 | plea of no contest, the employer shows the Department of |
| 21232 | Economic Opportunity the Agency for Workforce Innovation that |
| 21233 | the arrest was due to a crime against the employer or the |
| 21234 | employer's business and, after considering all the evidence, the |
| 21235 | Department of Economic Opportunity the Agency for Workforce |
| 21236 | Innovation finds misconduct in connection with the individual's |
| 21237 | work, the individual is not entitled to unemployment benefits. |
| 21238 | (b) If the Department of Economic Opportunity the Agency |
| 21239 | for Workforce Innovation or the Unemployment Appeals Commission |
| 21240 | finds that the individual was terminated from work for any |
| 21241 | dishonest act in connection with his or her work, the individual |
| 21242 | is not entitled to unemployment benefits for up to 52 weeks, |
| 21243 | under rules adopted by the Department of Economic Opportunity |
| 21244 | the Agency for Workforce Innovation, and until he or she has |
| 21245 | earned income of at least 17 times his or her weekly benefit |
| 21246 | amount. In addition, if the employer terminates an individual as |
| 21247 | a result of a dishonest act in connection with his or her work |
| 21248 | and the Department of Economic Opportunity the Agency for |
| 21249 | Workforce Innovation finds misconduct in connection with his or |
| 21250 | her work, the individual is not entitled to unemployment |
| 21251 | benefits. |
| 21252 |
|
| 21253 | With respect to an individual disqualified for benefits, the |
| 21254 | account of the terminating employer, if the employer is in the |
| 21255 | base period, is noncharged at the time the disqualification is |
| 21256 | imposed. |
| 21257 | Section 480. Subsection (1) of section 443.111, Florida |
| 21258 | Statutes, is amended to read: |
| 21259 | 443.111 Payment of benefits.- |
| 21260 | (1) MANNER OF PAYMENT.-Benefits are payable from the fund |
| 21261 | in accordance with rules adopted by the Department of Economic |
| 21262 | Opportunity the Agency for Workforce Innovation, subject to the |
| 21263 | following requirements: |
| 21264 | (a) Benefits are payable by mail or electronically. |
| 21265 | Notwithstanding s. 409.942(4), The Department of Economic |
| 21266 | Opportunity the agency may develop a system for the payment of |
| 21267 | benefits by electronic funds transfer, including, but not |
| 21268 | limited to, debit cards, electronic payment cards, or any other |
| 21269 | means of electronic payment that the Department of Economic |
| 21270 | Opportunity the agency deems to be commercially viable or cost- |
| 21271 | effective. Commodities or services related to the development of |
| 21272 | such a system shall be procured by competitive solicitation, |
| 21273 | unless they are purchased from a state term contract pursuant to |
| 21274 | s. 287.056. The Department of Economic Opportunity The agency |
| 21275 | shall adopt rules necessary to administer the system. |
| 21276 | (b) Each claimant must report in the manner prescribed by |
| 21277 | the Department of Economic Opportunity the Agency for Workforce |
| 21278 | Innovation to certify for benefits that are paid and must |
| 21279 | continue to report at least biweekly to receive unemployment |
| 21280 | benefits and to attest to the fact that she or he is able and |
| 21281 | available for work, has not refused suitable work, is seeking |
| 21282 | work, and, if she or he has worked, to report earnings from that |
| 21283 | work. Each claimant must continue to report regardless of any |
| 21284 | appeal or pending appeal relating to her or his eligibility or |
| 21285 | disqualification for benefits. |
| 21286 | Section 481. Subsections (1) and (5) of section 443.1113, |
| 21287 | Florida Statutes, are amended to read: |
| 21288 | 443.1113 Unemployment Compensation Claims and Benefits |
| 21289 | Information System.- |
| 21290 | (1) To the extent that funds are appropriated for each |
| 21291 | phase of the Unemployment Compensation Claims and Benefits |
| 21292 | Information System by the Legislature, the Department of |
| 21293 | Economic Opportunity the Agency for Workforce Innovation shall |
| 21294 | replace and enhance the functionality provided in the following |
| 21295 | systems with an integrated Internet-based system that is known |
| 21296 | as the "Unemployment Compensation Claims and Benefits |
| 21297 | Information System": |
| 21298 | (a) Claims and benefit mainframe system. |
| 21299 | (b) Florida unemployment Internet direct. |
| 21300 | (c) Florida continued claim Internet directory. |
| 21301 | (d) Call center interactive voice response system. |
| 21302 | (e) Benefit overpayment screening system. |
| 21303 | (f) Internet and Intranet appeals system. |
| 21304 | (5) The Department of Economic Opportunity The Agency for |
| 21305 | Workforce Innovation shall implement the following project |
| 21306 | governance structure until such time as the project is |
| 21307 | completed, suspended, or terminated: |
| 21308 | (a) The project sponsor for the Unemployment Compensation |
| 21309 | Claims and Benefits Information System project is the |
| 21310 | Commissioner of Economic Opportunity executive director of the |
| 21311 | Agency for Workforce Innovation. |
| 21312 | (b) The project shall be governed by an executive steering |
| 21313 | committee composed of the following voting members or their |
| 21314 | designees: |
| 21315 | 1. The Commissioner of Economic Opportunity executive |
| 21316 | director of the Agency for Workforce Innovation. |
| 21317 | 2. The executive director of the Department of Revenue. |
| 21318 | 3. The director of the Division of Workforce Services |
| 21319 | within the Department of Economic Opportunity Office of |
| 21320 | Unemployment Compensation within the Agency for Workforce |
| 21321 | Innovation. |
| 21322 | 4. The program director of the General Tax Administration |
| 21323 | Program Office within the Department of Revenue. |
| 21324 | 5. The chief information officer of the Department of |
| 21325 | Economic Opportunity the Agency for Workforce Innovation. |
| 21326 | (c) The executive steering committee has the overall |
| 21327 | responsibility for ensuring that the project meets its primary |
| 21328 | objectives and is specifically responsible for: |
| 21329 | 1. Providing management direction and support to the |
| 21330 | project management team. |
| 21331 | 2. Assessing the project's alignment with the strategic |
| 21332 | goals of the Department of Economic Opportunity the Agency for |
| 21333 | Workforce Innovation for administering the unemployment |
| 21334 | compensation program. |
| 21335 | 3. Reviewing and approving or disapproving any changes to |
| 21336 | the project's scope, schedule, and costs. |
| 21337 | 4. Reviewing, approving or disapproving, and determining |
| 21338 | whether to proceed with any major project deliverables. |
| 21339 | 5. Recommending suspension or termination of the project |
| 21340 | to the Governor, the President of the Senate, and the Speaker of |
| 21341 | the House of Representatives if it determines that the primary |
| 21342 | objectives cannot be achieved. |
| 21343 | (d) The project management team shall work under the |
| 21344 | direction of the executive steering committee and shall be |
| 21345 | minimally comprised of senior managers and stakeholders from the |
| 21346 | Department of Economic Opportunity the Agency for Workforce |
| 21347 | Innovation and the Department of Revenue. The project management |
| 21348 | team is responsible for: |
| 21349 | 1. Providing daily planning, management, and oversight of |
| 21350 | the project. |
| 21351 | 2. Submitting an operational work plan and providing |
| 21352 | quarterly updates to that plan to the executive steering |
| 21353 | committee. The plan must specify project milestones, |
| 21354 | deliverables, and expenditures. |
| 21355 | 3. Submitting written monthly project status reports to |
| 21356 | the executive steering committee which include: |
| 21357 | a. Planned versus actual project costs; |
| 21358 | b. An assessment of the status of major milestones and |
| 21359 | deliverables; |
| 21360 | c. Identification of any issues requiring resolution, the |
| 21361 | proposed resolution for these issues, and information regarding |
| 21362 | the status of the resolution; |
| 21363 | d. Identification of risks that must be managed; and |
| 21364 | e. Identification of and recommendations regarding |
| 21365 | necessary changes in the project's scope, schedule, or costs. |
| 21366 | All recommendations must be reviewed by project stakeholders |
| 21367 | before submission to the executive steering committee in order |
| 21368 | to ensure that the recommendations meet required acceptance |
| 21369 | criteria. |
| 21370 | Section 482. Paragraph (d) of subsection (1), subsection |
| 21371 | (2), paragraphs (a) and (c) of subsection (3), and subsection |
| 21372 | (6) of section 443.1115, Florida Statutes, are amended to read: |
| 21373 | 443.1115 Extended benefits.- |
| 21374 | (1) DEFINITIONS.-As used in this section, the term: |
| 21375 | (d) "Rate of insured unemployment" means the percentage |
| 21376 | derived by dividing the average weekly number of individuals |
| 21377 | filing claims for regular compensation in this state, excluding |
| 21378 | extended-benefit claimants for weeks of unemployment with |
| 21379 | respect to the most recent 13-consecutive-week period, as |
| 21380 | determined by the Department of Economic Opportunity the Agency |
| 21381 | for Workforce Innovation on the basis of its reports to the |
| 21382 | United States Secretary of Labor, by the average monthly |
| 21383 | employment covered under this chapter for the first four of the |
| 21384 | most recent six completed calendar quarters ending before the |
| 21385 | end of that 13-week period. |
| 21386 | (2) REGULAR BENEFITS ON CLAIMS FOR, AND THE PAYMENT OF, |
| 21387 | EXTENDED BENEFITS.-Except when the result is inconsistent with |
| 21388 | the other provisions of this section and as provided in the |
| 21389 | rules of the Department of Economic Opportunity the Agency for |
| 21390 | Workforce Innovation, the provisions of this chapter applying to |
| 21391 | claims for, or the payment of, regular benefits apply to claims |
| 21392 | for, and the payment of, extended benefits. These extended |
| 21393 | benefits are charged to the employment records of employers to |
| 21394 | the extent that the share of those extended benefits paid from |
| 21395 | this state's Unemployment Compensation Trust Fund is not |
| 21396 | eligible to be reimbursed from federal sources. |
| 21397 | (3) ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS.- |
| 21398 | (a) An individual is eligible to receive extended benefits |
| 21399 | for any week of unemployment in her or his eligibility period |
| 21400 | only if the Department of Economic Opportunity the Agency for |
| 21401 | Workforce Innovation finds that, for that week: |
| 21402 | 1. She or he is an exhaustee as defined in subsection (1). |
| 21403 | 2. She or he satisfies the requirements of this chapter |
| 21404 | for the receipt of regular benefits applicable to individuals |
| 21405 | claiming extended benefits, including not being subject to |
| 21406 | disqualification from the receipt of benefits. An individual |
| 21407 | disqualified from receiving regular benefits may not receive |
| 21408 | extended benefits after the disqualification period terminates |
| 21409 | if he or she was disqualified for voluntarily leaving work, |
| 21410 | being discharged from work for misconduct, or refusing suitable |
| 21411 | work. However, if the disqualification period for regular |
| 21412 | benefits terminates because the individual received the required |
| 21413 | amount of remuneration for services rendered as a common-law |
| 21414 | employee, she or he may receive extended benefits. |
| 21415 | 3. The individual was paid wages for insured work for the |
| 21416 | applicable benefit year equal to 1.5 times the high quarter |
| 21417 | earnings during the base period. |
| 21418 | (c)1. An individual is disqualified from receiving |
| 21419 | extended benefits if the Department of Economic Opportunity the |
| 21420 | Agency for Workforce Innovation finds that, during any week of |
| 21421 | unemployment in her or his eligibility period: |
| 21422 | a. She or he failed to apply for suitable work or, if |
| 21423 | offered, failed to accept suitable work, unless the individual |
| 21424 | can furnish to the Department of Economic Opportunity the agency |
| 21425 | satisfactory evidence that her or his prospects for obtaining |
| 21426 | work in her or his customary occupation within a reasonably |
| 21427 | short period are good. If this evidence is deemed satisfactory |
| 21428 | for this purpose, the determination of whether any work is |
| 21429 | suitable for the individual shall be made in accordance with the |
| 21430 | definition of suitable work in s. 443.101(2). This |
| 21431 | disqualification begins with the week the failure occurred and |
| 21432 | continues until she or he is employed for at least 4 weeks and |
| 21433 | receives earned income of at least 17 times her or his weekly |
| 21434 | benefit amount. |
| 21435 | b. She or he failed to furnish tangible evidence that she |
| 21436 | or he actively engaged in a systematic and sustained effort to |
| 21437 | find work. This disqualification begins with the week the |
| 21438 | failure occurred and continues until she or he is employed for |
| 21439 | at least 4 weeks and receives earned income of at least 4 times |
| 21440 | her or his weekly benefit amount. |
| 21441 | 2. Except as otherwise provided in sub-subparagraph 1.a., |
| 21442 | as used in this paragraph, the term "suitable work" means any |
| 21443 | work within the individual's capabilities to perform, if: |
| 21444 | a. The gross average weekly remuneration payable for the |
| 21445 | work exceeds the sum of the individual's weekly benefit amount |
| 21446 | plus the amount, if any, of supplemental unemployment benefits, |
| 21447 | as defined in s. 501(c)(17)(D) of the Internal Revenue Code of |
| 21448 | 1954, as amended, payable to the individual for that week; |
| 21449 | b. The wages payable for the work equal the higher of the |
| 21450 | minimum wages provided by s. 6(a)(1) of the Fair Labor Standards |
| 21451 | Act of 1938, without regard to any exemption, or the state or |
| 21452 | local minimum wage; and |
| 21453 | c. The work otherwise meets the definition of suitable |
| 21454 | work in s. 443.101(2) to the extent that the criteria for |
| 21455 | suitability are not inconsistent with this paragraph. |
| 21456 | (6) COMPUTATIONS.-The Department of Economic Opportunity |
| 21457 | The Agency for Workforce Innovation shall perform the |
| 21458 | computations required under paragraph (1)(d) in accordance with |
| 21459 | regulations of the United States Secretary of Labor. |
| 21460 | Section 483. Subsection (2) and paragraphs (a) and (b) of |
| 21461 | subsection (5) of section 443.1116, Florida Statutes, are |
| 21462 | amended to read: |
| 21463 | 443.1116 Short-time compensation.- |
| 21464 | (2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.-An employer |
| 21465 | wishing to participate in the short-time compensation program |
| 21466 | must submit a signed, written, short-time plan to the Department |
| 21467 | of Economic Opportunity the director of the Agency for Workforce |
| 21468 | Innovation for approval. The commissioner director or his or her |
| 21469 | designee shall approve the plan if: |
| 21470 | (a) The plan applies to and identifies each specific |
| 21471 | affected unit; |
| 21472 | (b) The individuals in the affected unit are identified by |
| 21473 | name and social security number; |
| 21474 | (c) The normal weekly hours of work for individuals in the |
| 21475 | affected unit are reduced by at least 10 percent and by not more |
| 21476 | than 40 percent; |
| 21477 | (d) The plan includes a certified statement by the |
| 21478 | employer that the aggregate reduction in work hours is in lieu |
| 21479 | of temporary layoffs that would affect at least 10 percent of |
| 21480 | the employees in the affected unit and that would have resulted |
| 21481 | in an equivalent reduction in work hours; |
| 21482 | (e) The plan applies to at least 10 percent of the |
| 21483 | employees in the affected unit; |
| 21484 | (f) The plan is approved in writing by the collective |
| 21485 | bargaining agent for each collective bargaining agreement |
| 21486 | covering any individual in the affected unit; |
| 21487 | (g) The plan does not serve as a subsidy to seasonal |
| 21488 | employers during the off-season or as a subsidy to employers who |
| 21489 | traditionally use part-time employees; and |
| 21490 | (h) The plan certifies the manner in which the employer |
| 21491 | will treat fringe benefits of the individuals in the affected |
| 21492 | unit if the hours of the individuals are reduced to less than |
| 21493 | their normal weekly hours of work. As used in this paragraph, |
| 21494 | the term "fringe benefits" includes, but is not limited to, |
| 21495 | health insurance, retirement benefits under defined benefit |
| 21496 | pension plans as defined in subsection 35 of s. 1002 of the |
| 21497 | Employee Retirement Income Security Act of 1974, 29 U.S.C., paid |
| 21498 | vacation and holidays, and sick leave. |
| 21499 | (5) ELIGIBILITY REQUIREMENTS FOR SHORT-TIME COMPENSATION |
| 21500 | BENEFITS.- |
| 21501 | (a) Except as provided in this subsection, an individual |
| 21502 | is eligible to receive short-time compensation benefits for any |
| 21503 | week only if she or he complies with this chapter and the |
| 21504 | Department of Economic Opportunity the Agency for Workforce |
| 21505 | Innovation finds that: |
| 21506 | 1. The individual is employed as a member of an affected |
| 21507 | unit in an approved plan that was approved before the week and |
| 21508 | is in effect for the week; |
| 21509 | 2. The individual is able to work and is available for |
| 21510 | additional hours of work or for full-time work with the short- |
| 21511 | time employer; and |
| 21512 | 3. The normal weekly hours of work of the individual are |
| 21513 | reduced by at least 10 percent but not by more than 40 percent, |
| 21514 | with a corresponding reduction in wages. |
| 21515 | (b) The Department of Economic Opportunity The Agency for |
| 21516 | Workforce Innovation may not deny short-time compensation |
| 21517 | benefits to an individual who is otherwise eligible for these |
| 21518 | benefits for any week by reason of the application of any |
| 21519 | provision of this chapter relating to availability for work, |
| 21520 | active search for work, or refusal to apply for or accept work |
| 21521 | from other than the short-time compensation employer of that |
| 21522 | individual. |
| 21523 | Section 484. Subsection (3) of section 443.1215, Florida |
| 21524 | Statutes, is amended to read: |
| 21525 | 443.1215 Employers.- |
| 21526 | (3) An employing unit that fails to keep the records of |
| 21527 | employment required by this chapter and by the rules of the |
| 21528 | Department of Economic Opportunity the Agency for Workforce |
| 21529 | Innovation and the Department of Revenue the state agency |
| 21530 | providing unemployment tax collection services is presumed to be |
| 21531 | an employer liable for the payment of contributions under this |
| 21532 | chapter, regardless of the number of individuals employed by the |
| 21533 | employing unit. However, the Department of Revenue tax |
| 21534 | collection service provider shall make written demand that the |
| 21535 | employing unit keep and maintain required payroll records. The |
| 21536 | demand must be made at least 6 months before assessing |
| 21537 | contributions against an employing unit determined to be an |
| 21538 | employer that is subject to this chapter solely by reason of |
| 21539 | this subsection. |
| 21540 | Section 485. Paragraphs (a) and (d) of subsection (1), |
| 21541 | subsection (12), and paragraphs (f) and (p) of subsection (13) |
| 21542 | of section 443.1216, Florida Statutes, are amended to read: |
| 21543 | 443.1216 Employment.-Employment, as defined in s. 443.036, |
| 21544 | is subject to this chapter under the following conditions: |
| 21545 | (1)(a) The employment subject to this chapter includes a |
| 21546 | service performed, including a service performed in interstate |
| 21547 | commerce, by: |
| 21548 | 1. An officer of a corporation. |
| 21549 | 2. An individual who, under the usual common-law rules |
| 21550 | applicable in determining the employer-employee relationship, is |
| 21551 | an employee. However, whenever a client, as defined in s. |
| 21552 | 443.036(18), which would otherwise be designated as an employing |
| 21553 | unit has contracted with an employee leasing company to supply |
| 21554 | it with workers, those workers are considered employees of the |
| 21555 | employee leasing company. An employee leasing company may lease |
| 21556 | corporate officers of the client to the client and other workers |
| 21557 | to the client, except as prohibited by regulations of the |
| 21558 | Internal Revenue Service. Employees of an employee leasing |
| 21559 | company must be reported under the employee leasing company's |
| 21560 | tax identification number and contribution rate for work |
| 21561 | performed for the employee leasing company. |
| 21562 | a. In addition to any other report required to be filed by |
| 21563 | law, an employee leasing company shall submit a report to the |
| 21564 | Labor Market Statistics Center within the Department of Economic |
| 21565 | Opportunity the Agency for Workforce Innovation which includes |
| 21566 | each client establishment and each establishment of the employee |
| 21567 | leasing company, or as otherwise directed by the Department of |
| 21568 | Economic Opportunity the agency. The report must include the |
| 21569 | following information for each establishment: |
| 21570 | (I) The trade or establishment name; |
| 21571 | (II) The former unemployment compensation account number, |
| 21572 | if available; |
| 21573 | (III) The former federal employer's identification number |
| 21574 | (FEIN), if available; |
| 21575 | (IV) The industry code recognized and published by the |
| 21576 | United States Office of Management and Budget, if available; |
| 21577 | (V) A description of the client's primary business |
| 21578 | activity in order to verify or assign an industry code; |
| 21579 | (VI) The address of the physical location; |
| 21580 | (VII) The number of full-time and part-time employees who |
| 21581 | worked during, or received pay that was subject to unemployment |
| 21582 | compensation taxes for, the pay period including the 12th of the |
| 21583 | month for each month of the quarter; |
| 21584 | (VIII) The total wages subject to unemployment |
| 21585 | compensation taxes paid during the calendar quarter; |
| 21586 | (IX) An internal identification code to uniquely identify |
| 21587 | each establishment of each client; |
| 21588 | (X) The month and year that the client entered into the |
| 21589 | contract for services; and |
| 21590 | (XI) The month and year that the client terminated the |
| 21591 | contract for services. |
| 21592 | b. The report shall be submitted electronically or in a |
| 21593 | manner otherwise prescribed by the Department of Economic |
| 21594 | Opportunity the Agency for Workforce Innovation in the format |
| 21595 | specified by the Bureau of Labor Statistics of the United States |
| 21596 | Department of Labor for its Multiple Worksite Report for |
| 21597 | Professional Employer Organizations. The report must be provided |
| 21598 | quarterly to the Labor Market Statistics Center within the |
| 21599 | Department of Economic Opportunity the Agency for Workforce |
| 21600 | Innovation, or as otherwise directed by the Department of |
| 21601 | Economic Opportunity the agency, and must be filed by the last |
| 21602 | day of the month immediately following the end of the calendar |
| 21603 | quarter. The information required in sub-sub-subparagraphs a.(X) |
| 21604 | and (XI) need be provided only in the quarter in which the |
| 21605 | contract to which it relates was entered into or terminated. The |
| 21606 | sum of the employment data and the sum of the wage data in this |
| 21607 | report must match the employment and wages reported in the |
| 21608 | unemployment compensation quarterly tax and wage report. A |
| 21609 | report is not required for any calendar quarter preceding the |
| 21610 | third calendar quarter of 2010. |
| 21611 | c. The Department of Economic Opportunity The Agency for |
| 21612 | Workforce Innovation shall adopt rules as necessary to |
| 21613 | administer this subparagraph, and may administer, collect, |
| 21614 | enforce, and waive the penalty imposed by s. 443.141(1)(b) for |
| 21615 | the report required by this subparagraph. |
| 21616 | d. For the purposes of this subparagraph, the term |
| 21617 | "establishment" means any location where business is conducted |
| 21618 | or where services or industrial operations are performed. |
| 21619 | 3. An individual other than an individual who is an |
| 21620 | employee under subparagraph 1. or subparagraph 2., who performs |
| 21621 | services for remuneration for any person: |
| 21622 | a. As an agent-driver or commission-driver engaged in |
| 21623 | distributing meat products, vegetable products, fruit products, |
| 21624 | bakery products, beverages other than milk, or laundry or |
| 21625 | drycleaning services for his or her principal. |
| 21626 | b. As a traveling or city salesperson engaged on a full- |
| 21627 | time basis in the solicitation on behalf of, and the |
| 21628 | transmission to, his or her principal of orders from |
| 21629 | wholesalers, retailers, contractors, or operators of hotels, |
| 21630 | restaurants, or other similar establishments for merchandise for |
| 21631 | resale or supplies for use in their business operations. This |
| 21632 | sub-subparagraph does not apply to an agent-driver or a |
| 21633 | commission-driver and does not apply to sideline sales |
| 21634 | activities performed on behalf of a person other than the |
| 21635 | salesperson's principal. |
| 21636 | 4. The services described in subparagraph 3. are |
| 21637 | employment subject to this chapter only if: |
| 21638 | a. The contract of service contemplates that substantially |
| 21639 | all of the services are to be performed personally by the |
| 21640 | individual; |
| 21641 | b. The individual does not have a substantial investment |
| 21642 | in facilities used in connection with the services, other than |
| 21643 | facilities used for transportation; and |
| 21644 | c. The services are not in the nature of a single |
| 21645 | transaction that is not part of a continuing relationship with |
| 21646 | the person for whom the services are performed. |
| 21647 | (d) If two or more related corporations concurrently |
| 21648 | employ the same individual and compensate the individual through |
| 21649 | a common paymaster, each related corporation is considered to |
| 21650 | have paid wages to the individual only in the amounts actually |
| 21651 | disbursed by that corporation to the individual and is not |
| 21652 | considered to have paid the wages actually disbursed to the |
| 21653 | individual by another of the related corporations. The |
| 21654 | Department of Economic Opportunity The Agency for Workforce |
| 21655 | Innovation and the Department of Revenue the state agency |
| 21656 | providing unemployment tax collection services may adopt rules |
| 21657 | necessary to administer this paragraph. |
| 21658 | 1. As used in this paragraph, the term "common paymaster" |
| 21659 | means a member of a group of related corporations that disburses |
| 21660 | wages to concurrent employees on behalf of the related |
| 21661 | corporations and that is responsible for keeping payroll records |
| 21662 | for those concurrent employees. A common paymaster is not |
| 21663 | required to disburse wages to all the employees of the related |
| 21664 | corporations; however, this subparagraph does not apply to wages |
| 21665 | of concurrent employees which are not disbursed through a common |
| 21666 | paymaster. A common paymaster must pay concurrently employed |
| 21667 | individuals under this subparagraph by one combined paycheck. |
| 21668 | 2. As used in this paragraph, the term "concurrent |
| 21669 | employment" means the existence of simultaneous employment |
| 21670 | relationships between an individual and related corporations. |
| 21671 | Those relationships require the performance of services by the |
| 21672 | employee for the benefit of the related corporations, including |
| 21673 | the common paymaster, in exchange for wages that, if deductible |
| 21674 | for the purposes of federal income tax, are deductible by the |
| 21675 | related corporations. |
| 21676 | 3. Corporations are considered related corporations for an |
| 21677 | entire calendar quarter if they satisfy any one of the following |
| 21678 | tests at any time during the calendar quarter: |
| 21679 | a. The corporations are members of a "controlled group of |
| 21680 | corporations" as defined in s. 1563 of the Internal Revenue Code |
| 21681 | of 1986 or would be members if s. 1563(a)(4) and (b) did not |
| 21682 | apply. |
| 21683 | b. In the case of a corporation that does not issue stock, |
| 21684 | at least 50 percent of the members of the board of directors or |
| 21685 | other governing body of one corporation are members of the board |
| 21686 | of directors or other governing body of the other corporation or |
| 21687 | the holders of at least 50 percent of the voting power to select |
| 21688 | those members are concurrently the holders of at least 50 |
| 21689 | percent of the voting power to select those members of the other |
| 21690 | corporation. |
| 21691 | c. At least 50 percent of the officers of one corporation |
| 21692 | are concurrently officers of the other corporation. |
| 21693 | d. At least 30 percent of the employees of one corporation |
| 21694 | are concurrently employees of the other corporation. |
| 21695 | 4. The common paymaster must report to the Department of |
| 21696 | Revenue tax collection service provider, as part of the |
| 21697 | unemployment compensation quarterly tax and wage report, the |
| 21698 | state unemployment compensation account number and name of each |
| 21699 | related corporation for which concurrent employees are being |
| 21700 | reported. Failure to timely report this information shall result |
| 21701 | in the related corporations being denied common paymaster status |
| 21702 | for that calendar quarter. |
| 21703 | 5. The common paymaster also has the primary |
| 21704 | responsibility for remitting contributions due under this |
| 21705 | chapter for the wages it disburses as the common paymaster. The |
| 21706 | common paymaster must compute these contributions as though it |
| 21707 | were the sole employer of the concurrently employed individuals. |
| 21708 | If a common paymaster fails to timely remit these contributions |
| 21709 | or reports, in whole or in part, the common paymaster remains |
| 21710 | liable for the full amount of the unpaid portion of these |
| 21711 | contributions. In addition, each of the other related |
| 21712 | corporations using the common paymaster is jointly and severally |
| 21713 | liable for its appropriate share of these contributions. Each |
| 21714 | related corporation's share equals the greater of: |
| 21715 | a. The liability of the common paymaster under this |
| 21716 | chapter, after taking into account any contributions made. |
| 21717 | b. The liability under this chapter which, notwithstanding |
| 21718 | this section, would have existed for the wages from the other |
| 21719 | related corporations, reduced by an allocable portion of any |
| 21720 | contributions previously paid by the common paymaster for those |
| 21721 | wages. |
| 21722 | (12) The employment subject to this chapter includes |
| 21723 | services covered by a reciprocal arrangement under s. 443.221 |
| 21724 | between the Department of Economic Opportunity the Agency for |
| 21725 | Workforce Innovation or the Department of Revenue its tax |
| 21726 | collection service provider and the agency charged with the |
| 21727 | administration of another state unemployment compensation law or |
| 21728 | a federal unemployment compensation law, under which all |
| 21729 | services performed by an individual for an employing unit are |
| 21730 | deemed to be performed entirely within this state, if the |
| 21731 | Department of Economic Opportunity the Agency for Workforce |
| 21732 | Innovation or the Department of Revenue its tax collection |
| 21733 | service provider approved an election of the employing unit in |
| 21734 | which all of the services performed by the individual during the |
| 21735 | period covered by the election are deemed to be insured work. |
| 21736 | (13) The following are exempt from coverage under this |
| 21737 | chapter: |
| 21738 | (f) Service performed in the employ of a public employer |
| 21739 | as defined in s. 443.036, except as provided in subsection (2), |
| 21740 | and service performed in the employ of an instrumentality of a |
| 21741 | public employer as described in s. 443.036(36)(35)(b) or (c), to |
| 21742 | the extent that the instrumentality is immune under the United |
| 21743 | States Constitution from the tax imposed by s. 3301 of the |
| 21744 | Internal Revenue Code for that service. |
| 21745 | (p) Service covered by an arrangement between the |
| 21746 | Department of Economic Opportunity the Agency for Workforce |
| 21747 | Innovation, or the Department of Revenue its tax collection |
| 21748 | service provider, and the agency charged with the administration |
| 21749 | of another state or federal unemployment compensation law under |
| 21750 | which all services performed by an individual for an employing |
| 21751 | unit during the period covered by the employing unit's duly |
| 21752 | approved election is deemed to be performed entirely within the |
| 21753 | other agency's state or under the federal law. |
| 21754 | Section 486. Subsection (1) of section 443.1217, Florida |
| 21755 | Statutes, is amended to read: |
| 21756 | 443.1217 Wages.- |
| 21757 | (1) The wages subject to this chapter include all |
| 21758 | remuneration for employment, including commissions, bonuses, |
| 21759 | back pay awards, and the cash value of all remuneration paid in |
| 21760 | any medium other than cash. The reasonable cash value of |
| 21761 | remuneration in any medium other than cash must be estimated and |
| 21762 | determined in accordance with rules adopted by the Department of |
| 21763 | Economic Opportunity the Agency for Workforce Innovation or the |
| 21764 | Department of Revenue state agency providing tax collection |
| 21765 | services. The wages subject to this chapter include tips or |
| 21766 | gratuities received while performing services that constitute |
| 21767 | employment and are included in a written statement furnished to |
| 21768 | the employer under s. 6053(a) of the Internal Revenue Code of |
| 21769 | 1954. As used in this section only, the term "employment" |
| 21770 | includes services constituting employment under any employment |
| 21771 | security law of another state or of the Federal Government. |
| 21772 | Section 487. Subsection (1) and paragraphs (a), (g), and |
| 21773 | (i) of subsection (3) of section 443.131, Florida Statutes, are |
| 21774 | amended to read: |
| 21775 | 443.131 Contributions.- |
| 21776 | (1) PAYMENT OF CONTRIBUTIONS.-Contributions accrue and are |
| 21777 | payable by each employer for each calendar quarter he or she is |
| 21778 | subject to this chapter for wages paid during each calendar |
| 21779 | quarter for employment. Contributions are due and payable by |
| 21780 | each employer to the Department of Revenue tax collection |
| 21781 | service provider, in accordance with the rules adopted by the |
| 21782 | Department of Economic Opportunity the Agency for Workforce |
| 21783 | Innovation or the Department of Revenue state agency providing |
| 21784 | tax collection services. This subsection does not prohibit the |
| 21785 | Department of Revenue tax collection service provider from |
| 21786 | allowing, at the request of the employer, employers of employees |
| 21787 | performing domestic services, as defined in s. 443.1216(6), to |
| 21788 | pay contributions or report wages at intervals other than |
| 21789 | quarterly when the nonquarterly payment or reporting assists the |
| 21790 | Department of Revenue service provider and when nonquarterly |
| 21791 | payment and reporting is authorized under federal law. Employers |
| 21792 | of employees performing domestic services may report wages and |
| 21793 | pay contributions annually, with a due date of January 1 and a |
| 21794 | delinquency date of February 1. To qualify for this election, |
| 21795 | the employer must employ only employees performing domestic |
| 21796 | services, be eligible for a variation from the standard rate |
| 21797 | computed under subsection (3), apply to this program no later |
| 21798 | than December 1 of the preceding calendar year, and agree to |
| 21799 | provide the Department of Economic Opportunity the Agency for |
| 21800 | Workforce Innovation or the Department of Revenue its tax |
| 21801 | collection service provider with any special reports that are |
| 21802 | requested, including copies of all federal employment tax forms. |
| 21803 | An employer who fails to timely furnish any wage information |
| 21804 | required by the Department of Economic Opportunity the Agency |
| 21805 | for Workforce Innovation or the Department of Revenue its tax |
| 21806 | collection service provider loses the privilege to participate |
| 21807 | in this program, effective the calendar quarter immediately |
| 21808 | after the calendar quarter the failure occurred. The employer |
| 21809 | may reapply for annual reporting when a complete calendar year |
| 21810 | elapses after the employer's disqualification if the employer |
| 21811 | timely furnished any requested wage information during the |
| 21812 | period in which annual reporting was denied. An employer may not |
| 21813 | deduct contributions, interests, penalties, fines, or fees |
| 21814 | required under this chapter from any part of the wages of his or |
| 21815 | her employees. A fractional part of a cent less than one-half |
| 21816 | cent shall be disregarded from the payment of contributions, but |
| 21817 | a fractional part of at least one-half cent shall be increased |
| 21818 | to 1 cent. |
| 21819 | (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT |
| 21820 | EXPERIENCE.- |
| 21821 | (a) Employment records.-The regular and short-time |
| 21822 | compensation benefits paid to an eligible individual shall be |
| 21823 | charged to the employment record of each employer who paid the |
| 21824 | individual wages of at least $100 during the individual's base |
| 21825 | period in proportion to the total wages paid by all employers |
| 21826 | who paid the individual wages during the individual's base |
| 21827 | period. Benefits may not be charged to the employment record of |
| 21828 | an employer who furnishes part-time work to an individual who, |
| 21829 | because of loss of employment with one or more other employers, |
| 21830 | is eligible for partial benefits while being furnished part-time |
| 21831 | work by the employer on substantially the same basis and in |
| 21832 | substantially the same amount as the individual's employment |
| 21833 | during his or her base period, regardless of whether this part- |
| 21834 | time work is simultaneous or successive to the individual's lost |
| 21835 | employment. Further, as provided in s. 443.151(3), benefits may |
| 21836 | not be charged to the employment record of an employer who |
| 21837 | furnishes the Department of Economic Opportunity the Agency for |
| 21838 | Workforce Innovation with notice, as prescribed in agency rules |
| 21839 | of the Department of Economic Opportunity, that any of the |
| 21840 | following apply: |
| 21841 | 1. If an individual leaves his or her work without good |
| 21842 | cause attributable to the employer or is discharged by the |
| 21843 | employer for misconduct connected with his or her work, benefits |
| 21844 | subsequently paid to the individual based on wages paid by the |
| 21845 | employer before the separation may not be charged to the |
| 21846 | employment record of the employer. |
| 21847 | 2. If an individual is discharged by the employer for |
| 21848 | unsatisfactory performance during an initial employment |
| 21849 | probationary period, benefits subsequently paid to the |
| 21850 | individual based on wages paid during the probationary period by |
| 21851 | the employer before the separation may not be charged to the |
| 21852 | employer's employment record. As used in this subparagraph, the |
| 21853 | term "initial employment probationary period" means an |
| 21854 | established probationary plan that applies to all employees or a |
| 21855 | specific group of employees and that does not exceed 90 calendar |
| 21856 | days following the first day a new employee begins work. The |
| 21857 | employee must be informed of the probationary period within the |
| 21858 | first 7 days of work. The employer must demonstrate by |
| 21859 | conclusive evidence that the individual was separated because of |
| 21860 | unsatisfactory work performance and not because of lack of work |
| 21861 | due to temporary, seasonal, casual, or other similar employment |
| 21862 | that is not of a regular, permanent, and year-round nature. |
| 21863 | 3. Benefits subsequently paid to an individual after his |
| 21864 | or her refusal without good cause to accept suitable work from |
| 21865 | an employer may not be charged to the employment record of the |
| 21866 | employer if any part of those benefits are based on wages paid |
| 21867 | by the employer before the individual's refusal to accept |
| 21868 | suitable work. As used in this subparagraph, the term "good |
| 21869 | cause" does not include distance to employment caused by a |
| 21870 | change of residence by the individual. The Department of |
| 21871 | Economic Opportunity The Agency for Workforce Innovation shall |
| 21872 | adopt rules prescribing for the payment of all benefits whether |
| 21873 | this subparagraph applies regardless of whether a |
| 21874 | disqualification under s. 443.101 applies to the claim. |
| 21875 | 4. If an individual is separated from work as a direct |
| 21876 | result of a natural disaster declared under the Robert T. |
| 21877 | Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. |
| 21878 | ss. 5121 et seq., benefits subsequently paid to the individual |
| 21879 | based on wages paid by the employer before the separation may |
| 21880 | not be charged to the employment record of the employer. |
| 21881 | (g) Transfer of unemployment experience upon transfer or |
| 21882 | acquisition of a business.-Notwithstanding any other provision |
| 21883 | of law, upon transfer or acquisition of a business, the |
| 21884 | following conditions apply to the assignment of rates and to |
| 21885 | transfers of unemployment experience: |
| 21886 | 1.a. If an employer transfers its trade or business, or a |
| 21887 | portion thereof, to another employer and, at the time of the |
| 21888 | transfer, there is any common ownership, management, or control |
| 21889 | of the two employers, the unemployment experience attributable |
| 21890 | to the transferred trade or business shall be transferred to the |
| 21891 | employer to whom the business is so transferred. The rates of |
| 21892 | both employers shall be recalculated and made effective as of |
| 21893 | the beginning of the calendar quarter immediately following the |
| 21894 | date of the transfer of the trade or business unless the |
| 21895 | transfer occurred on the first day of a calendar quarter, in |
| 21896 | which case the rate shall be recalculated as of that date. |
| 21897 | b. If, following a transfer of experience under sub- |
| 21898 | subparagraph a., the Department of Economic Opportunity the |
| 21899 | Agency for Workforce Innovation or the Department of Revenue tax |
| 21900 | collection service provider determines that a substantial |
| 21901 | purpose of the transfer of trade or business was to obtain a |
| 21902 | reduced liability for contributions, the experience rating |
| 21903 | account of the employers involved shall be combined into a |
| 21904 | single account and a single rate assigned to the account. |
| 21905 | 2. Whenever a person who is not an employer under this |
| 21906 | chapter at the time it acquires the trade or business of an |
| 21907 | employer, the unemployment experience of the acquired business |
| 21908 | shall not be transferred to the person if the Department of |
| 21909 | Economic Opportunity the Agency for Workforce Innovation or the |
| 21910 | Department of Revenue tax collection service provider finds that |
| 21911 | such person acquired the business solely or primarily for the |
| 21912 | purpose of obtaining a lower rate of contributions. Instead, |
| 21913 | such person shall be assigned the new employer rate under |
| 21914 | paragraph (2)(a). In determining whether the business was |
| 21915 | acquired solely or primarily for the purpose of obtaining a |
| 21916 | lower rate of contributions, the Department of Revenue tax |
| 21917 | collection service provider shall consider, but not be limited |
| 21918 | to, the following factors: |
| 21919 | a. Whether the person continued the business enterprise of |
| 21920 | the acquired business; |
| 21921 | b. How long such business enterprise was continued; or |
| 21922 | c. Whether a substantial number of new employees was hired |
| 21923 | for performance of duties unrelated to the business activity |
| 21924 | conducted before the acquisition. |
| 21925 | 3. If a person knowingly violates or attempts to violate |
| 21926 | subparagraph 1. or subparagraph 2. or any other provision of |
| 21927 | this chapter related to determining the assignment of a |
| 21928 | contribution rate, or if a person knowingly advises another |
| 21929 | person to violate the law, the person shall be subject to the |
| 21930 | following penalties: |
| 21931 | a. If the person is an employer, the employer shall be |
| 21932 | assigned the highest rate assignable under this chapter for the |
| 21933 | rate year during which such violation or attempted violation |
| 21934 | occurred and for the 3 rate years immediately following this |
| 21935 | rate year. However, if the person's business is already at the |
| 21936 | highest rate for any year, or if the amount of increase in the |
| 21937 | person's rate would be less than 2 percent for such year, then a |
| 21938 | penalty rate of contribution of 2 percent of taxable wages shall |
| 21939 | be imposed for such year and the following 3 rate years. |
| 21940 | b. If the person is not an employer, such person shall be |
| 21941 | subject to a civil money penalty of not more than $5,000. The |
| 21942 | procedures for the assessment of a penalty shall be in |
| 21943 | accordance with the procedures set forth in s. 443.141(2), and |
| 21944 | the provisions of s. 443.141(3) shall apply to the collection of |
| 21945 | the penalty. Any such penalty shall be deposited in the penalty |
| 21946 | and interest account established under s. 443.211(2). |
| 21947 | 4. For purposes of this paragraph, the term: |
| 21948 | a. "Knowingly" means having actual knowledge of or acting |
| 21949 | with deliberate ignorance or reckless disregard for the |
| 21950 | prohibition involved. |
| 21951 | b. "Violates or attempts to violate" includes, but is not |
| 21952 | limited to, intent to evade, misrepresent, or willfully |
| 21953 | nondisclose. |
| 21954 | 5. In addition to the penalty imposed by subparagraph 3., |
| 21955 | any person who violates this paragraph commits a felony of the |
| 21956 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 21957 | or s. 775.084. |
| 21958 | 6. The Department of Economic Opportunity The Agency for |
| 21959 | Workforce Innovation and the Department of Revenue tax |
| 21960 | collection service provider shall establish procedures to |
| 21961 | identify the transfer or acquisition of a business for the |
| 21962 | purposes of this paragraph and shall adopt any rules necessary |
| 21963 | to administer this paragraph. |
| 21964 | 7. For purposes of this paragraph: |
| 21965 | a. "Person" has the meaning given to the term by s. |
| 21966 | 7701(a)(1) of the Internal Revenue Code of 1986. |
| 21967 | b. "Trade or business" shall include the employer's |
| 21968 | workforce. |
| 21969 | 8. This paragraph shall be interpreted and applied in such |
| 21970 | a manner as to meet the minimum requirements contained in any |
| 21971 | guidance or regulations issued by the United States Department |
| 21972 | of Labor. |
| 21973 | (i) Notice of determinations of contribution rates; |
| 21974 | redeterminations.-The Department of Revenue state agency |
| 21975 | providing tax collection services: |
| 21976 | 1. Shall promptly notify each employer of his or her |
| 21977 | contribution rate as determined for any calendar year under this |
| 21978 | section. The determination is conclusive and binding on the |
| 21979 | employer unless within 20 days after mailing the notice of |
| 21980 | determination to the employer's last known address, or, in the |
| 21981 | absence of mailing, within 20 days after delivery of the notice, |
| 21982 | the employer files an application for review and redetermination |
| 21983 | setting forth the grounds for review. An employer may not, in |
| 21984 | any proceeding involving his or her contribution rate or |
| 21985 | liability for contributions, contest the chargeability to his or |
| 21986 | her employment record of any benefits paid in accordance with a |
| 21987 | determination, redetermination, or decision under s. 443.151, |
| 21988 | except on the ground that the benefits charged were not based on |
| 21989 | services performed in employment for him or her and then only if |
| 21990 | the employer was not a party to the determination, |
| 21991 | redetermination, or decision, or to any other proceeding under |
| 21992 | this chapter, in which the character of those services was |
| 21993 | determined. |
| 21994 | 2. Shall, upon discovery of an error in computation, |
| 21995 | reconsider any prior determination or redetermination of a |
| 21996 | contribution rate after the 20-day period has expired and issue |
| 21997 | a revised notice of contribution rate as redetermined. A |
| 21998 | redetermination is subject to review, and is conclusive and |
| 21999 | binding if review is not sought, in the same manner as review of |
| 22000 | a determination under subparagraph 1. A reconsideration may not |
| 22001 | be made after March 31 of the calendar year immediately after |
| 22002 | the calendar year for which the contribution rate is applicable, |
| 22003 | and interest may not accrue on any additional contributions |
| 22004 | found to be due until 30 days after the employer is mailed |
| 22005 | notice of his or her revised contribution rate. |
| 22006 | 3. May adopt rules providing for periodic notification to |
| 22007 | employers of benefits paid and charged to their employment |
| 22008 | records or of the status of those employment records. A |
| 22009 | notification, unless an application for redetermination is filed |
| 22010 | in the manner and within the time limits prescribed by the |
| 22011 | Department of Economic Opportunity the Agency for Workforce |
| 22012 | Innovation, is conclusive and binding on the employer under this |
| 22013 | chapter. The redetermination, and the Department of Economic |
| 22014 | Opportunity's the Agency for Workforce Innovation's finding of |
| 22015 | fact in connection with the redetermination, may be introduced |
| 22016 | in any subsequent administrative or judicial proceeding |
| 22017 | involving the determination of the contribution rate of an |
| 22018 | employer for any calendar year. A redetermination becomes final |
| 22019 | in the same manner provided in this subsection for findings of |
| 22020 | fact made by the Department of Economic Opportunity the Agency |
| 22021 | for Workforce Innovation in proceedings to redetermine the |
| 22022 | contribution rate of an employer. Pending a redetermination or |
| 22023 | an administrative or judicial proceeding, the employer must file |
| 22024 | reports and pay contributions in accordance with this section. |
| 22025 | Section 488. Paragraph (d) of subsection (2) and paragraph |
| 22026 | (d) of subsection (3) of section 443.1312, Florida Statutes, are |
| 22027 | amended to read: |
| 22028 | 443.1312 Reimbursements; nonprofit organizations.-Benefits |
| 22029 | paid to employees of nonprofit organizations shall be financed |
| 22030 | in accordance with this section. |
| 22031 | (2) LIABILITY FOR CONTRIBUTIONS AND ELECTION OF |
| 22032 | REIMBURSEMENT.-A nonprofit organization that is, or becomes, |
| 22033 | subject to this chapter under s. 443.1215(1)(c) or s. |
| 22034 | 443.121(3)(a) must pay contributions under s. 443.131 unless it |
| 22035 | elects, in accordance with this subsection, to reimburse the |
| 22036 | Unemployment Compensation Trust Fund for all of the regular |
| 22037 | benefits, short-time compensation benefits, and one-half of the |
| 22038 | extended benefits paid, which are attributable to service in the |
| 22039 | employ of the nonprofit organization, to individuals for weeks |
| 22040 | of unemployment which begin during the effective period of the |
| 22041 | election. |
| 22042 | (d) In accordance with rules adopted by the Department of |
| 22043 | Economic Opportunity the Agency for Workforce Innovation or the |
| 22044 | Department of Revenue the state agency providing unemployment |
| 22045 | tax collection services, the Department of Revenue the tax |
| 22046 | collection service provider shall notify each nonprofit |
| 22047 | organization of any determination of the organization's status |
| 22048 | as an employer, the effective date of any election the |
| 22049 | organization makes, and the effective date of any termination of |
| 22050 | the election. Each determination is subject to reconsideration, |
| 22051 | appeal, and review under s. 443.141(2)(c). |
| 22052 | (3) PAYMENT OF REIMBURSEMENTS.-Reimbursements in lieu of |
| 22053 | contributions must be paid in accordance with this subsection. |
| 22054 | (d) The amount due, as specified in any bill from the |
| 22055 | Department of Revenue tax collection service provider, is |
| 22056 | conclusive, and the nonprofit organization is liable for payment |
| 22057 | of that amount unless, within 20 days after the bill is mailed |
| 22058 | to the organization's last known address or otherwise delivered |
| 22059 | to the organization, the organization files an application for |
| 22060 | redetermination by the Department of Economic Opportunity the |
| 22061 | Agency for Workforce Innovation, setting forth the grounds for |
| 22062 | the application. The Department of Economic Opportunity The |
| 22063 | Agency for Workforce Innovation shall promptly review and |
| 22064 | reconsider the amount due, as specified in the bill, and shall |
| 22065 | issue a redetermination in each case in which an application for |
| 22066 | redetermination is filed. The redetermination is conclusive and |
| 22067 | the nonprofit organization is liable for payment of the amount |
| 22068 | due, as specified in the redetermination, unless, within 20 days |
| 22069 | after the redetermination is mailed to the organization's last |
| 22070 | known address or otherwise delivered to the organization, the |
| 22071 | organization files a protest, setting forth the grounds for the |
| 22072 | appeal. Proceedings on the protest shall be conducted in |
| 22073 | accordance with s. 443.141(2). |
| 22074 | Section 489. Paragraph (b) of subsection (1) of section |
| 22075 | 443.1313, Florida Statutes, is amended to read: |
| 22076 | 443.1313 Public employers; reimbursements; election to pay |
| 22077 | contributions.-Benefits paid to employees of a public employer, |
| 22078 | as defined in s. 443.036, based on service described in s. |
| 22079 | 443.1216(2) shall be financed in accordance with this section. |
| 22080 | (1) PAYMENT OF REIMBURSEMENTS.- |
| 22081 | (b) If a state agency is more than 120 days delinquent on |
| 22082 | reimbursements due to the Unemployment Compensation Trust Fund, |
| 22083 | the Department of Revenue tax collection service provider shall |
| 22084 | certify to the Chief Financial Officer the amount due and the |
| 22085 | Chief Financial Officer shall transfer the amount due to the |
| 22086 | Unemployment Compensation Trust Fund from the funds of the |
| 22087 | agency which legally may be used for that purpose. If a public |
| 22088 | employer other than a state agency is more than 120 days |
| 22089 | delinquent on reimbursements due to the Unemployment |
| 22090 | Compensation Trust Fund, upon request by the Department of |
| 22091 | Revenue tax collection service provider after a hearing, the |
| 22092 | Department of Revenue or the Department of Financial Services, |
| 22093 | as applicable, shall deduct the amount owed by the public |
| 22094 | employer from any funds to be distributed by the applicable |
| 22095 | department to the public employer for further distribution to |
| 22096 | the trust fund in accordance with this chapter. If an employer |
| 22097 | for whom the municipal or county tax collector collects taxes |
| 22098 | fails to make the reimbursements to the Unemployment |
| 22099 | Compensation Trust Fund required by this chapter, the tax |
| 22100 | collector after a hearing, at the request of the Department of |
| 22101 | Revenue the tax collection service provider and upon receipt of |
| 22102 | a certificate showing the amount owed by the employer, shall |
| 22103 | deduct the certified amount from any taxes collected for the |
| 22104 | employer and remit that amount to the Department of Revenue tax |
| 22105 | collection service provider for further distribution to the |
| 22106 | trust fund in accordance with this chapter. This paragraph does |
| 22107 | not apply to amounts owed by a political subdivision of the |
| 22108 | state for benefits erroneously paid in which the claimant must |
| 22109 | repay to the Department of Economic Opportunity the Agency for |
| 22110 | Workforce Innovation under s. 443.151(6)(a) or (b) any sum as |
| 22111 | benefits received. |
| 22112 | Section 490. Paragraphs (b) and (c) of subsection (4) and |
| 22113 | subsection (7) of section 443.1315, Florida Statutes, are |
| 22114 | amended to read: |
| 22115 | 443.1315 Treatment of Indian tribes.- |
| 22116 | (4) |
| 22117 | (b)1. Services performed for an Indian tribe or tribal |
| 22118 | unit that fails to make required reimbursements, including |
| 22119 | assessments of interest and penalty, after all collection |
| 22120 | activities deemed necessary by the Department of Revenue tax |
| 22121 | collection service provider, subject to approval by the |
| 22122 | Department of Economic Opportunity the Agency for Workforce |
| 22123 | Innovation, are exhausted may not be treated as employment for |
| 22124 | purposes of paragraph (1)(b). |
| 22125 | 2. The Department of Revenue tax collection service |
| 22126 | provider may determine that any Indian tribe that loses coverage |
| 22127 | under subparagraph 1. may have services performed for the tribe |
| 22128 | subsequently included as employment for purposes of paragraph |
| 22129 | (1)(b) if all contributions, reimbursements, penalties, and |
| 22130 | interest are paid. |
| 22131 | (c) The Department of Economic Opportunity The Agency for |
| 22132 | Workforce Innovation or the Department of Revenue its tax |
| 22133 | collection service provider shall immediately notify the United |
| 22134 | States Internal Revenue Service and the United States Department |
| 22135 | of Labor when an Indian tribe fails to make reimbursements |
| 22136 | required under this section, including assessments of interest |
| 22137 | and penalty, within 90 days after a final notice of delinquency. |
| 22138 | (7) The Department of Economic Opportunity The Agency for |
| 22139 | Workforce Innovation and the Department of Revenue the state |
| 22140 | agency providing unemployment tax collection services shall |
| 22141 | adopt rules necessary to administer this section. |
| 22142 | Section 491. Section 443.1316, Florida Statutes, is |
| 22143 | amended to read: |
| 22144 | 443.1316 Unemployment tax collection services; interagency |
| 22145 | agreement.- |
| 22146 | (1) The department The Agency for Workforce Innovation |
| 22147 | shall contract with the Department of Revenue, through an |
| 22148 | interagency agreement, to perform the duties assigned to the |
| 22149 | Department of Revenue of the tax collection service provider and |
| 22150 | provide other unemployment tax collection services under this |
| 22151 | chapter. Under the interagency agreement, the Department of |
| 22152 | Revenue tax collection service provider may only implement: |
| 22153 | (a) The provisions of this chapter conferring duties upon |
| 22154 | the Department of Revenue tax collection service provider. |
| 22155 | (b) The provisions of law conferring duties upon the |
| 22156 | Department of Economic Opportunity the Agency for Workforce |
| 22157 | Innovation which are specifically delegated to the Department of |
| 22158 | Revenue through tax collection service provider in the |
| 22159 | interagency agreement. |
| 22160 | (2)(a) The Department of Revenue is considered to be |
| 22161 | administering a revenue law of this state when it the department |
| 22162 | implements this chapter, or otherwise provides unemployment tax |
| 22163 | collection services, under contract with the Department of |
| 22164 | Economic Opportunity the Agency for Workforce Innovation through |
| 22165 | the interagency agreement. |
| 22166 | (b) Sections 213.015(1)-(3), (5)-(7), (9)-(19), and (21); |
| 22167 | 213.018; 213.025; 213.051; 213.053; 213.0532; 213.0535; 213.055; |
| 22168 | 213.071; 213.10; 213.21(4); 213.2201; 213.23; 213.24; 213.25; |
| 22169 | 213.27; 213.28; 213.285; 213.34(1), (3), and (4); 213.37; |
| 22170 | 213.50; 213.67; 213.69; 213.692; 213.73; 213.733; 213.74; and |
| 22171 | 213.757 apply to the collection of unemployment contributions |
| 22172 | and reimbursements by the Department of Revenue unless |
| 22173 | prohibited by federal law. |
| 22174 | Section 492. Section 443.1317, Florida Statutes, is |
| 22175 | amended to read: |
| 22176 | 443.1317 Rulemaking authority; enforcement of rules.- |
| 22177 | (1) DEPARTMENT OF ECONOMIC OPPORTUNITY AGENCY FOR |
| 22178 | WORKFORCE INNOVATION.- |
| 22179 | (a) Except as otherwise provided in s. 443.012, the |
| 22180 | Department of Economic Opportunity the Agency for Workforce |
| 22181 | Innovation has ultimate authority over the administration of the |
| 22182 | Unemployment Compensation Program. |
| 22183 | (b) The Department of Economic Opportunity The Agency for |
| 22184 | Workforce Innovation may adopt rules under ss. 120.536(1) and |
| 22185 | 120.54 to administer the provisions of this chapter conferring |
| 22186 | duties upon either the Department of Economic Opportunity the |
| 22187 | agency or the Department of Revenue its tax collection service |
| 22188 | provider. |
| 22189 | (2) DEPARTMENT OF REVENUE TAX COLLECTION SERVICE |
| 22190 | PROVIDER.-The Department of Revenue as the state agency |
| 22191 | providing unemployment tax collection services under an |
| 22192 | interagency agreement with the Department of Economic |
| 22193 | Opportunity contract with the Agency for Workforce Innovation |
| 22194 | through an interagency agreement pursuant to s. 443.1316 may |
| 22195 | adopt rules under ss. 120.536(1) and 120.54, subject to approval |
| 22196 | by the Department of Economic Opportunity the Agency for |
| 22197 | Workforce Innovation, to administer the provisions of law |
| 22198 | described in s. 443.1316(1)(a) and (b) which are within this |
| 22199 | chapter. These rules must not conflict with the rules adopted by |
| 22200 | the Department of Economic Opportunity the Agency for Workforce |
| 22201 | Innovation or with the interagency agreement. |
| 22202 | (3) ENFORCEMENT OF RULES.-The Department of Economic |
| 22203 | Opportunity Agency for Workforce Innovation may enforce any rule |
| 22204 | adopted by the Department of Revenue state agency providing |
| 22205 | unemployment tax collection services to administer this chapter. |
| 22206 | The Department of Revenue tax collection service provider may |
| 22207 | enforce any rule adopted by the Department of Economic |
| 22208 | Opportunity the Agency for Workforce Innovation to administer |
| 22209 | the provisions of law described in s. 443.1316(1)(a) and (b). |
| 22210 | Section 493. Paragraphs (b), (c), and (f) of subsection |
| 22211 | (1), subsection (2), paragraphs (f) and (g) of subsection (3), |
| 22212 | and paragraph (c) of subsection (4) of section 443.141, Florida |
| 22213 | Statutes, are amended to read: |
| 22214 | 443.141 Collection of contributions and reimbursements.- |
| 22215 | (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT, |
| 22216 | ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.- |
| 22217 | (b) Penalty for delinquent, erroneous, incomplete, or |
| 22218 | insufficient reports.- |
| 22219 | 1. An employing unit that fails to file any report |
| 22220 | required by the Department of Economic Opportunity the Agency |
| 22221 | for Workforce Innovation or the Department of Revenue its tax |
| 22222 | collection service provider, in accordance with rules for |
| 22223 | administering this chapter, shall pay to the Department of |
| 22224 | Revenue service provider for each delinquent report the sum of |
| 22225 | $25 for each 30 days or fraction thereof that the employing unit |
| 22226 | is delinquent, unless the Department of Economic Opportunity |
| 22227 | agency or the Department of Revenue its service provider, |
| 22228 | whichever required the report, finds that the employing unit has |
| 22229 | good reason for failing to file the report. The Department of |
| 22230 | Economic Opportunity The agency or the Department of Revenue its |
| 22231 | service provider may assess penalties only through the date of |
| 22232 | the issuance of the final assessment notice. However, additional |
| 22233 | penalties accrue if the delinquent report is subsequently filed. |
| 22234 | 2.a. An employing unit that files an erroneous, |
| 22235 | incomplete, or insufficient report with the Department of |
| 22236 | Economic Opportunity the Agency for Workforce Innovation or the |
| 22237 | Department of Revenue its tax collection service provider shall |
| 22238 | pay a penalty. The amount of the penalty is $50 or 10 percent of |
| 22239 | any tax due, whichever is greater, but no more than $300 per |
| 22240 | report. The penalty shall be added to any tax, penalty, or |
| 22241 | interest otherwise due. |
| 22242 | b. The Department of Economic Opportunity The agency or |
| 22243 | the Department of Revenue its tax collection service provider |
| 22244 | shall waive the penalty if the employing unit files an accurate, |
| 22245 | complete, and sufficient report within 30 days after a penalty |
| 22246 | notice is issued to the employing unit. The penalty may not be |
| 22247 | waived pursuant to this subparagraph more than one time during a |
| 22248 | 12-month period. |
| 22249 | c. As used in this subsection, the term "erroneous, |
| 22250 | incomplete, or insufficient report" means a report so lacking in |
| 22251 | information, completeness, or arrangement that the report cannot |
| 22252 | be readily understood, verified, or reviewed. Such reports |
| 22253 | include, but are not limited to, reports having missing wage or |
| 22254 | employee information, missing or incorrect social security |
| 22255 | numbers, or illegible entries; reports submitted in a format |
| 22256 | that is not approved by the Department of Economic Opportunity |
| 22257 | the agency or the Department of Revenue its tax collection |
| 22258 | service provider; and reports showing gross wages that do not |
| 22259 | equal the total of the wages of each employee. However, the term |
| 22260 | does not include a report that merely contains inaccurate data |
| 22261 | that was supplied to the employer by the employee, if the |
| 22262 | employer was unaware of the inaccuracy. |
| 22263 | 3. Penalties imposed pursuant to this paragraph shall be |
| 22264 | deposited in the Special Employment Security Administration |
| 22265 | Trust Fund. |
| 22266 | 4. The penalty and interest for a delinquent, erroneous, |
| 22267 | incomplete, or insufficient report may be waived if the penalty |
| 22268 | or interest is inequitable. The provisions of s. 213.24(1) apply |
| 22269 | to any penalty or interest that is imposed under this section. |
| 22270 | (c) Application of partial payments.-If a delinquency |
| 22271 | exists in the employment record of an employer not in |
| 22272 | bankruptcy, a partial payment less than the total delinquency |
| 22273 | amount shall be applied to the employment record as the payor |
| 22274 | directs. In the absence of specific direction, the partial |
| 22275 | payment shall be applied to the payor's employment record as |
| 22276 | prescribed in the rules of the Department of Economic |
| 22277 | Opportunity the Agency for Workforce Innovation or the |
| 22278 | Department of Revenue state agency providing tax collection |
| 22279 | services. |
| 22280 | (f) Adoption of rules.-The Department of Economic |
| 22281 | Opportunity The Agency for Workforce Innovation and the |
| 22282 | Department of Revenue the state agency providing unemployment |
| 22283 | tax collection services may adopt rules to administer this |
| 22284 | subsection. |
| 22285 | (2) REPORTS, CONTRIBUTIONS, APPEALS.- |
| 22286 | (a) Failure to make reports and pay contributions.-If an |
| 22287 | employing unit determined by the Department of Revenue tax |
| 22288 | collection service provider to be an employer subject to this |
| 22289 | chapter fails to make and file any report as and when required |
| 22290 | by this chapter or by any rule of the Department of Economic |
| 22291 | Opportunity the Agency for Workforce Innovation or the |
| 22292 | Department of Revenue state agency providing tax collection |
| 22293 | services, for the purpose of determining the amount of |
| 22294 | contributions due by the employer under this chapter, or if any |
| 22295 | filed report is found by the Department of Revenue service |
| 22296 | provider to be incorrect or insufficient, and the employer, |
| 22297 | after being notified in writing by the Department of Revenue |
| 22298 | service provider to file the report, or a corrected or |
| 22299 | sufficient report, as applicable, fails to file the report |
| 22300 | within 15 days after the date of the mailing of the notice, the |
| 22301 | Department of Revenue tax collection service provider may: |
| 22302 | 1. Determine the amount of contributions due from the |
| 22303 | employer based on the information readily available to it, which |
| 22304 | determination is deemed to be prima facie correct; |
| 22305 | 2. Assess the employer the amount of contributions |
| 22306 | determined to be due; and |
| 22307 | 3. Immediately notify the employer by mail of the |
| 22308 | determination and assessment including penalties as provided in |
| 22309 | this chapter, if any, added and assessed, and demand payment |
| 22310 | together with interest on the amount of contributions from the |
| 22311 | date that amount was due and payable. |
| 22312 | (b) Hearings.-The determination and assessment are final |
| 22313 | 15 days after the date the assessment is mailed unless the |
| 22314 | employer files with the Department of Revenue tax collection |
| 22315 | service provider within the 15 days a written protest and |
| 22316 | petition for hearing specifying the objections thereto. The |
| 22317 | Department of Revenue tax collection service provider shall |
| 22318 | promptly review each petition and may reconsider its |
| 22319 | determination and assessment in order to resolve the |
| 22320 | petitioner's objections. The Department of Revenue tax |
| 22321 | collection service provider shall forward each petition |
| 22322 | remaining unresolved to the Department of Economic Opportunity |
| 22323 | the Agency for Workforce Innovation for a hearing on the |
| 22324 | objections. Upon receipt of a petition, the Department of |
| 22325 | Economic Opportunity the Agency for Workforce Innovation shall |
| 22326 | schedule a hearing and notify the petitioner of the time and |
| 22327 | place of the hearing. The Department of Economic Opportunity The |
| 22328 | Agency for Workforce Innovation may appoint special deputies to |
| 22329 | conduct hearings and to submit their findings together with a |
| 22330 | transcript of the proceedings before them and their |
| 22331 | recommendations to the Department of Economic Opportunity the |
| 22332 | agency for its final order. Special deputies are subject to the |
| 22333 | prohibition against ex parte communications in s. 120.66. At any |
| 22334 | hearing conducted by the Department of Economic Opportunity the |
| 22335 | Agency for Workforce Innovation or its special deputy, evidence |
| 22336 | may be offered to support the determination and assessment or to |
| 22337 | prove it is incorrect. In order to prevail, however, the |
| 22338 | petitioner must either prove that the determination and |
| 22339 | assessment are incorrect or file full and complete corrected |
| 22340 | reports. Evidence may also be submitted at the hearing to rebut |
| 22341 | the determination by the Department of Revenue tax collection |
| 22342 | service provider that the petitioner is an employer under this |
| 22343 | chapter. Upon evidence taken before it or upon the transcript |
| 22344 | submitted to it with the findings and recommendation of its |
| 22345 | special deputy, the Department of Economic Opportunity the |
| 22346 | Agency for Workforce Innovation shall either set aside the |
| 22347 | Department of Revenue's tax collection service provider's |
| 22348 | determination that the petitioner is an employer under this |
| 22349 | chapter or reaffirm the determination. The amounts assessed |
| 22350 | under the final order, together with interest and penalties, |
| 22351 | must be paid within 15 days after notice of the final order is |
| 22352 | mailed to the employer, unless judicial review is instituted in |
| 22353 | a case of status determination. Amounts due when the status of |
| 22354 | the employer is in dispute are payable within 15 days after the |
| 22355 | entry of an order by the court affirming the determination. |
| 22356 | However, any determination that an employing unit is not an |
| 22357 | employer under this chapter does not affect the benefit rights |
| 22358 | of any individual as determined by an appeals referee or the |
| 22359 | commission unless: |
| 22360 | 1. The individual is made a party to the proceedings |
| 22361 | before the special deputy; or |
| 22362 | 2. The decision of the appeals referee or the commission |
| 22363 | has not become final or the employing unit and the Department of |
| 22364 | Economic Opportunity the Agency for Workforce Innovation were |
| 22365 | not made parties to the proceedings before the appeals referee |
| 22366 | or the commission. |
| 22367 | (c) Appeals.-The Department of Economic Opportunity The |
| 22368 | Agency for Workforce Innovation and the Department of Revenue |
| 22369 | the state agency providing unemployment tax collection services |
| 22370 | shall adopt rules prescribing the procedures for an employing |
| 22371 | unit determined to be an employer to file an appeal and be |
| 22372 | afforded an opportunity for a hearing on the determination. |
| 22373 | Pending a hearing, the employing unit must file reports and pay |
| 22374 | contributions in accordance with s. 443.131. |
| 22375 | (3) COLLECTION PROCEEDINGS.- |
| 22376 | (f) Reproductions.-In any proceedings in any court under |
| 22377 | this chapter, reproductions of the original records of the |
| 22378 | Department of Economic Opportunity the Agency for Workforce |
| 22379 | Innovation, the Department of Revenue its tax collection service |
| 22380 | provider, the former Agency for Workforce Innovation, the former |
| 22381 | Department of Labor and Employment Security, or the commission, |
| 22382 | including, but not limited to, photocopies or microfilm, are |
| 22383 | primary evidence in lieu of the original records or of the |
| 22384 | documents that were transcribed into those records. |
| 22385 | (g) Jeopardy assessment and warrant.-If the Department of |
| 22386 | Revenue tax collection service provider reasonably believes that |
| 22387 | the collection of contributions or reimbursements from an |
| 22388 | employer will be jeopardized by delay, the Department of Revenue |
| 22389 | service provider may assess the contributions or reimbursements |
| 22390 | immediately, together with interest or penalties when due, |
| 22391 | regardless of whether the contributions or reimbursements |
| 22392 | accrued are due, and may immediately issue a notice of lien and |
| 22393 | jeopardy warrant upon which proceedings may be conducted as |
| 22394 | provided in this section for notice of lien and warrant of the |
| 22395 | Department of Revenue service provider. Within 15 days after |
| 22396 | mailing the notice of lien by registered mail, the employer may |
| 22397 | protest the issuance of the lien in the same manner provided in |
| 22398 | paragraph (2)(a). The protest does not operate as a supersedeas |
| 22399 | or stay of enforcement unless the employer files with the |
| 22400 | sheriff seeking to enforce the warrant a good and sufficient |
| 22401 | surety bond in twice the amount demanded by the notice of lien |
| 22402 | or warrant. The bond must be conditioned upon payment of the |
| 22403 | amount subsequently found to be due from the employer to the |
| 22404 | Department of Revenue tax collection service provider in the |
| 22405 | final order of the Department of Economic Opportunity the Agency |
| 22406 | for Workforce Innovation upon protest of assessment. The |
| 22407 | jeopardy warrant and notice of lien are satisfied in the manner |
| 22408 | provided in this section upon payment of the amount finally |
| 22409 | determined to be due from the employer. If enforcement of the |
| 22410 | jeopardy warrant is not superseded as provided in this section, |
| 22411 | the employer is entitled to a refund from the fund of all |
| 22412 | amounts paid as contributions or reimbursements in excess of the |
| 22413 | amount finally determined to be due by the employer upon |
| 22414 | application being made as provided in this chapter. |
| 22415 | (4) MISCELLANEOUS PROVISIONS FOR COLLECTION OF |
| 22416 | CONTRIBUTIONS AND REIMBURSEMENTS.- |
| 22417 | (c) Any agent or employee designated by the Department of |
| 22418 | Economic Opportunity the Agency for Workforce Innovation or the |
| 22419 | Department of Revenue its tax collection service provider may |
| 22420 | administer an oath to any person for any return or report |
| 22421 | required by this chapter or by the rules of the Department of |
| 22422 | Economic Opportunity the Agency for Workforce Innovation or the |
| 22423 | Department of Revenue the state agency providing unemployment |
| 22424 | tax collection services, and an oath made before the Department |
| 22425 | of Economic Opportunity the agency or the Department of Revenue |
| 22426 | its service provider or any authorized agent or employee has the |
| 22427 | same effect as an oath made before any judicial officer or |
| 22428 | notary public of the state. |
| 22429 | Section 494. Section 443.151, Florida Statutes, is amended |
| 22430 | to read: |
| 22431 | 443.151 Procedure concerning claims.- |
| 22432 | (1) POSTING OF INFORMATION.- |
| 22433 | (a) Each employer must post and maintain in places readily |
| 22434 | accessible to individuals in her or his employ printed |
| 22435 | statements concerning benefit rights, claims for benefits, and |
| 22436 | other matters relating to the administration of this chapter as |
| 22437 | the Department of Economic Opportunity the Agency for Workforce |
| 22438 | Innovation may by rule prescribe. Each employer must supply to |
| 22439 | individuals copies of printed statements or other materials |
| 22440 | relating to claims for benefits as directed by the agency's |
| 22441 | rules of the Department of Economic Opportunity. The Department |
| 22442 | of Economic Opportunity The Agency for Workforce Innovation |
| 22443 | shall supply these printed statements and other materials to |
| 22444 | each employer without cost to the employer. |
| 22445 | (b)1. The Department of Economic Opportunity The Agency |
| 22446 | for Workforce Innovation shall advise each individual filing a |
| 22447 | new claim for unemployment compensation, at the time of filing |
| 22448 | the claim, that: |
| 22449 | a. Unemployment compensation is subject to federal income |
| 22450 | tax. |
| 22451 | b. Requirements exist pertaining to estimated tax |
| 22452 | payments. |
| 22453 | c. The individual may elect to have federal income tax |
| 22454 | deducted and withheld from the individual's payment of |
| 22455 | unemployment compensation at the amount specified in the federal |
| 22456 | Internal Revenue Code. |
| 22457 | d. The individual is not permitted to change a previously |
| 22458 | elected withholding status more than twice per calendar year. |
| 22459 | 2. Amounts deducted and withheld from unemployment |
| 22460 | compensation must remain in the Unemployment Compensation Trust |
| 22461 | Fund until transferred to the federal taxing authority as |
| 22462 | payment of income tax. |
| 22463 | 3. The Department of Economic Opportunity The Agency for |
| 22464 | Workforce Innovation shall follow all procedures specified by |
| 22465 | the United States Department of Labor and the federal Internal |
| 22466 | Revenue Service pertaining to the deducting and withholding of |
| 22467 | income tax. |
| 22468 | 4. If more than one authorized request for deduction and |
| 22469 | withholding is made, amounts must be deducted and withheld in |
| 22470 | accordance with the following priorities: |
| 22471 | a. Unemployment overpayments have first priority; |
| 22472 | b. Child support payments have second priority; and |
| 22473 | c. Withholding under this subsection has third priority. |
| 22474 | (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF |
| 22475 | CLAIMANTS AND EMPLOYERS.- |
| 22476 | (a) In general.-Claims for benefits must be made in |
| 22477 | accordance with the rules adopted by the Department of Economic |
| 22478 | Opportunity the Agency for Workforce Innovation. The Department |
| 22479 | of Economic Opportunity The agency must notify claimants and |
| 22480 | employers regarding monetary and nonmonetary determinations of |
| 22481 | eligibility. Investigations of issues raised in connection with |
| 22482 | a claimant which may affect a claimant's eligibility for |
| 22483 | benefits or charges to an employer's employment record shall be |
| 22484 | conducted by the Department of Economic Opportunity the agency |
| 22485 | through written, telephonic, or electronic means as prescribed |
| 22486 | by rule. |
| 22487 | (b) Process.-When the Unemployment Compensation Claims and |
| 22488 | Benefits Information System described in s. 443.1113 is fully |
| 22489 | operational, the process for filing claims must incorporate the |
| 22490 | process for registering for work with the workforce information |
| 22491 | systems established pursuant to s. 445.011. A claim for benefits |
| 22492 | may not be processed until the work registration requirement is |
| 22493 | satisfied. The Department of Economic Opportunity The Agency for |
| 22494 | Workforce Innovation may adopt rules as necessary to administer |
| 22495 | the work registration requirement set forth in this paragraph. |
| 22496 | (3) DETERMINATION OF ELIGIBILITY.- |
| 22497 | (a) Notices of claim.-The Department of Economic |
| 22498 | Opportunity The Agency for Workforce Innovation shall promptly |
| 22499 | provide a notice of claim to the claimant's most recent |
| 22500 | employing unit and all employers whose employment records are |
| 22501 | liable for benefits under the monetary determination. The |
| 22502 | employer must respond to the notice of claim within 20 days |
| 22503 | after the mailing date of the notice, or in lieu of mailing, |
| 22504 | within 20 days after the delivery of the notice. If a |
| 22505 | contributing employer fails to timely respond to the notice of |
| 22506 | claim, the employer's account may not be relieved of benefit |
| 22507 | charges as provided in s. 443.131(3)(a), notwithstanding |
| 22508 | paragraph (5)(b). The Department of Economic Opportunity The |
| 22509 | agency may adopt rules as necessary to implement the processes |
| 22510 | described in this paragraph relating to notices of claim. |
| 22511 | (b) Monetary determinations.-In addition to the notice of |
| 22512 | claim, the Department of Economic Opportunity the agency shall |
| 22513 | also promptly provide an initial monetary determination to the |
| 22514 | claimant and each base period employer whose account is subject |
| 22515 | to being charged for its respective share of benefits on the |
| 22516 | claim. The monetary determination must include a statement of |
| 22517 | whether and in what amount the claimant is entitled to benefits, |
| 22518 | and, in the event of a denial, must state the reasons for the |
| 22519 | denial. A monetary determination for the first week of a benefit |
| 22520 | year must also include a statement of whether the claimant was |
| 22521 | paid the wages required under s. 443.091(1)(g) and, if so, the |
| 22522 | first day of the benefit year, the claimant's weekly benefit |
| 22523 | amount, and the maximum total amount of benefits payable to the |
| 22524 | claimant for a benefit year. The monetary determination is final |
| 22525 | unless within 20 days after the mailing of the notices to the |
| 22526 | parties' last known addresses, or in lieu of mailing, within 20 |
| 22527 | days after the delivery of the notices, an appeal or written |
| 22528 | request for reconsideration is filed by the claimant or other |
| 22529 | party entitled to notice. The Department of Economic Opportunity |
| 22530 | The agency may adopt rules as necessary to implement the |
| 22531 | processes described in this paragraph relating to notices of |
| 22532 | monetary determinations and the appeals or reconsideration |
| 22533 | requests filed in response to such notices. |
| 22534 | (c) Nonmonetary determinations.-If the Department of |
| 22535 | Economic Opportunity the agency receives information that may |
| 22536 | result in a denial of benefits, the Department of Economic |
| 22537 | Opportunity the agency must complete an investigation of the |
| 22538 | claim required by subsection (2) and provide notice of a |
| 22539 | nonmonetary determination to the claimant and the employer from |
| 22540 | whom the claimant's reason for separation affects his or her |
| 22541 | entitlement to benefits. The determination must state the reason |
| 22542 | for the determination and whether the unemployment tax account |
| 22543 | of the contributing employer is charged for benefits paid on the |
| 22544 | claim. The nonmonetary determination is final unless within 20 |
| 22545 | days after the mailing of the notices to the parties' last known |
| 22546 | addresses, or in lieu of mailing, within 20 days after the |
| 22547 | delivery of the notices, an appeal or written request for |
| 22548 | reconsideration is filed by the claimant or other party entitled |
| 22549 | to notice. The Department of Economic Opportunity The agency may |
| 22550 | adopt rules as necessary to implement the processes described in |
| 22551 | this paragraph relating to notices of nonmonetary determination |
| 22552 | and the appeals or reconsideration requests filed in response to |
| 22553 | such notices, and may adopt rules prescribing the manner and |
| 22554 | procedure by which employers within the base period of a |
| 22555 | claimant become entitled to notice of nonmonetary determination. |
| 22556 | (d) Determinations in labor dispute cases.-Whenever any |
| 22557 | claim involves a labor dispute described in s. 443.101(4), the |
| 22558 | Department of Economic Opportunity the Agency for Workforce |
| 22559 | Innovation shall promptly assign the claim to a special examiner |
| 22560 | who shall make a determination on the issues involving |
| 22561 | unemployment due to the labor dispute. The special examiner |
| 22562 | shall make the determination after an investigation, as |
| 22563 | necessary. The claimant or another party entitled to notice of |
| 22564 | the determination may appeal a determination under subsection |
| 22565 | (4). |
| 22566 | (e) Redeterminations.- |
| 22567 | 1. The Department of Economic Opportunity The Agency for |
| 22568 | Workforce Innovation may reconsider a determination if it finds |
| 22569 | an error or if new evidence or information pertinent to the |
| 22570 | determination is discovered after a prior determination or |
| 22571 | redetermination. A redetermination may not be made more than 1 |
| 22572 | year after the last day of the benefit year unless the |
| 22573 | disqualification for making a false or fraudulent representation |
| 22574 | under s. 443.101(6) is applicable, in which case the |
| 22575 | redetermination may be made within 2 years after the false or |
| 22576 | fraudulent representation. The Department of Economic |
| 22577 | Opportunity The agency must promptly give notice of |
| 22578 | redetermination to the claimant and to any employers entitled to |
| 22579 | notice in the manner prescribed in this section for the notice |
| 22580 | of an initial determination. |
| 22581 | 2. If the amount of benefits is increased by the |
| 22582 | redetermination, an appeal of the redetermination based solely |
| 22583 | on the increase may be filed as provided in subsection (4). If |
| 22584 | the amount of benefits is decreased by the redetermination, the |
| 22585 | redetermination may be appealed by the claimant if a subsequent |
| 22586 | claim for benefits is affected in amount or duration by the |
| 22587 | redetermination. If the final decision on the determination or |
| 22588 | redetermination to be reconsidered was made by an appeals |
| 22589 | referee, the commission, or a court, the Department of Economic |
| 22590 | Opportunity the Agency for Workforce Innovation may apply for a |
| 22591 | revised decision from the body or court that made the final |
| 22592 | decision. |
| 22593 | 3. If an appeal of an original determination is pending |
| 22594 | when a redetermination is issued, the appeal unless withdrawn is |
| 22595 | treated as an appeal from the redetermination. |
| 22596 | (4) APPEALS.- |
| 22597 | (a) Appeals referees.-The Department of Economic |
| 22598 | Opportunity The Agency for Workforce Innovation shall appoint |
| 22599 | one or more impartial salaried appeals referees in accordance |
| 22600 | with s. 443.171(3) to hear and decide appealed claims. A person |
| 22601 | may not participate on behalf of the Department of Economic |
| 22602 | Opportunity the Agency for Workforce Innovation as an appeals |
| 22603 | referee in any case in which she or he is an interested party. |
| 22604 | The Department of Economic Opportunity The Agency for Workforce |
| 22605 | Innovation may designate alternates to serve in the absence or |
| 22606 | disqualification of any appeals referee on a temporary basis. |
| 22607 | These alternates must have the same qualifications required of |
| 22608 | appeals referees. The Department of Economic Opportunity The |
| 22609 | Agency for Workforce Innovation shall provide the commission and |
| 22610 | the appeals referees with proper facilities and assistance for |
| 22611 | the execution of their functions. |
| 22612 | (b) Filing and hearing.- |
| 22613 | 1. The claimant or any other party entitled to notice of a |
| 22614 | determination may appeal an adverse determination to an appeals |
| 22615 | referee within 20 days after the date of mailing of the notice |
| 22616 | to her or his last known address or, if the notice is not |
| 22617 | mailed, within 20 days after the date of delivery of the notice. |
| 22618 | 2. Unless the appeal is untimely or withdrawn or review is |
| 22619 | initiated by the commission, the appeals referee, after mailing |
| 22620 | all parties and attorneys of record a notice of hearing at least |
| 22621 | 10 days before the date of hearing, notwithstanding the 14-day |
| 22622 | notice requirement in s. 120.569(2)(b), may only affirm, modify, |
| 22623 | or reverse the determination. An appeal may not be withdrawn |
| 22624 | without the permission of the appeals referee. |
| 22625 | 3. However, when an appeal appears to have been filed |
| 22626 | after the permissible time limit, the Office of Appeals may |
| 22627 | issue an order to show cause to the appellant, requiring the |
| 22628 | appellant to show why the appeal should not be dismissed as |
| 22629 | untimely. If the appellant does not, within 15 days after the |
| 22630 | mailing date of the order to show cause, provide written |
| 22631 | evidence of timely filing or good cause for failure to appeal |
| 22632 | timely, the appeal shall be dismissed. |
| 22633 | 4. When an appeal involves a question of whether services |
| 22634 | were performed by a claimant in employment or for an employer, |
| 22635 | the referee must give special notice of the question and of the |
| 22636 | pendency of the appeal to the employing unit and to the |
| 22637 | Department of Economic Opportunity the Agency for Workforce |
| 22638 | Innovation, both of which become parties to the proceeding. |
| 22639 | 5. The parties must be notified promptly of the referee's |
| 22640 | decision. The referee's decision is final unless further review |
| 22641 | is initiated under paragraph (c) within 20 days after the date |
| 22642 | of mailing notice of the decision to the party's last known |
| 22643 | address or, in lieu of mailing, within 20 days after the |
| 22644 | delivery of the notice. |
| 22645 | (c) Review by commission.-The commission may, on its own |
| 22646 | motion, within the time limit in paragraph (b), initiate a |
| 22647 | review of the decision of an appeals referee. The commission may |
| 22648 | also allow the Department of Economic Opportunity the Agency for |
| 22649 | Workforce Innovation or any adversely affected party entitled to |
| 22650 | notice of the decision to appeal the decision by filing an |
| 22651 | application within the time limit in paragraph (b). An adversely |
| 22652 | affected party has the right to appeal the decision if the |
| 22653 | Department of Economic Opportunity's the Agency for Workforce |
| 22654 | Innovation's determination is not affirmed by the appeals |
| 22655 | referee. The commission may affirm, modify, or reverse the |
| 22656 | findings and conclusions of the appeals referee based on |
| 22657 | evidence previously submitted in the case or based on additional |
| 22658 | evidence taken at the direction of the commission. The |
| 22659 | commission may assume jurisdiction of or transfer to another |
| 22660 | appeals referee the proceedings on any claim pending before an |
| 22661 | appeals referee. Any proceeding in which the commission assumes |
| 22662 | jurisdiction before completion must be heard by the commission |
| 22663 | in accordance with the requirement of this subsection for |
| 22664 | proceedings before an appeals referee. When the commission |
| 22665 | denies an application to hear an appeal of an appeals referee's |
| 22666 | decision, the decision of the appeals referee is the decision of |
| 22667 | the commission for purposes of this paragraph and is subject to |
| 22668 | judicial review within the same time and manner as decisions of |
| 22669 | the commission, except that the time for initiating review runs |
| 22670 | from the date of notice of the commission's order denying the |
| 22671 | application to hear an appeal. |
| 22672 | (d) Procedure.-The manner that appealed claims are |
| 22673 | presented must comply with the commission's rules. Witnesses |
| 22674 | subpoenaed under this section are allowed fees at the rate |
| 22675 | established by s. 92.142, and fees of witnesses subpoenaed on |
| 22676 | behalf of the Department of Economic Opportunity the Agency for |
| 22677 | Workforce Innovation or any claimant are deemed part of the |
| 22678 | expense of administering this chapter. |
| 22679 | (e) Judicial review.-Orders of the commission entered |
| 22680 | under paragraph (c) are subject to review only by notice of |
| 22681 | appeal in the district court of appeal in the appellate district |
| 22682 | in which the issues involved were decided by an appeals referee. |
| 22683 | Notwithstanding chapter 120, the commission is a party |
| 22684 | respondent to every such proceeding. The Department of Economic |
| 22685 | Opportunity The Agency for Workforce Innovation may initiate |
| 22686 | judicial review of orders in the same manner and to the same |
| 22687 | extent as any other party. |
| 22688 | (5) PAYMENT OF BENEFITS.- |
| 22689 | (a) The Department of Economic Opportunity The Agency for |
| 22690 | Workforce Innovation shall promptly pay benefits in accordance |
| 22691 | with a determination or redetermination regardless of any appeal |
| 22692 | or pending appeal. Before payment of benefits to the claimant, |
| 22693 | however, each employer who is liable for reimbursements in lieu |
| 22694 | of contributions for payment of the benefits must be notified, |
| 22695 | at the address on file with the Department of Economic |
| 22696 | Opportunity the Agency for Workforce Innovation or the |
| 22697 | Department of Revenue its tax collection service provider, of |
| 22698 | the initial determination of the claim and must be given 10 days |
| 22699 | to respond. |
| 22700 | (b) The Department of Economic Opportunity The Agency for |
| 22701 | Workforce Innovation shall promptly pay benefits, regardless of |
| 22702 | whether a determination is under appeal if the determination |
| 22703 | allowing benefits is affirmed in any amount by an appeals |
| 22704 | referee or is affirmed by the commission, or if a decision of an |
| 22705 | appeals referee allowing benefits is affirmed in any amount by |
| 22706 | the commission. In these instances, a court may not issue an |
| 22707 | injunction, supersedeas, stay, or other writ or process |
| 22708 | suspending payment of benefits. A contributing employer that |
| 22709 | responded to the notice of claim within the time limit provided |
| 22710 | in subsection (3) may not, however, be charged with benefits |
| 22711 | paid under an erroneous determination if the decision is |
| 22712 | ultimately reversed. Benefits are not paid for any subsequent |
| 22713 | weeks of unemployment involved in a reversal. |
| 22714 | (c) The provisions of paragraph (b) relating to charging |
| 22715 | an employer liable for contributions do not apply to reimbursing |
| 22716 | employers. |
| 22717 | (6) RECOVERY AND RECOUPMENT.- |
| 22718 | (a) Any person who, by reason of her or his fraud, |
| 22719 | receives benefits under this chapter to which she or he is not |
| 22720 | entitled is liable for repaying those benefits to the Department |
| 22721 | of Economic Opportunity the Agency for Workforce Innovation on |
| 22722 | behalf of the trust fund or, in the agency's discretion of the |
| 22723 | Department of Economic Opportunity, to have those benefits |
| 22724 | deducted from future benefits payable to her or him under this |
| 22725 | chapter. To enforce this paragraph, the Department of Economic |
| 22726 | Opportunity the agency must find the existence of fraud through |
| 22727 | a redetermination or decision under this section within 2 years |
| 22728 | after the fraud was committed. Any recovery or recoupment of |
| 22729 | benefits must be effected within 5 years after the |
| 22730 | redetermination or decision. |
| 22731 | (b) Any person who, by reason other than her or his fraud, |
| 22732 | receives benefits under this chapter to which, under a |
| 22733 | redetermination or decision pursuant to this section, she or he |
| 22734 | is not entitled, is liable for repaying those benefits to the |
| 22735 | Department of Economic Opportunity the Agency for Workforce |
| 22736 | Innovation on behalf of the trust fund or, in the agency's |
| 22737 | discretion of the Department of Economic Opportunity, to have |
| 22738 | those benefits deducted from any future benefits payable to her |
| 22739 | or him under this chapter. Any recovery or recoupment of |
| 22740 | benefits must be effected within 3 years after the |
| 22741 | redetermination or decision. |
| 22742 | (c) Any person who, by reason other than fraud, receives |
| 22743 | benefits under this chapter to which she or he is not entitled |
| 22744 | as a result of an employer's failure to respond to a claim |
| 22745 | within the timeframe provided in subsection (3) is not liable |
| 22746 | for repaying those benefits to the Department of Economic |
| 22747 | Opportunity the Agency for Workforce Innovation on behalf of the |
| 22748 | trust fund or to have those benefits deducted from any future |
| 22749 | benefits payable to her or him under this chapter. |
| 22750 | (d) Recoupment from future benefits is not permitted if |
| 22751 | the benefits are received by any person without fault on the |
| 22752 | person's part and recoupment would defeat the purpose of this |
| 22753 | chapter or would be inequitable and against good conscience. |
| 22754 | (e) The Department of Economic Opportunity The Agency for |
| 22755 | Workforce Innovation shall collect the repayment of benefits |
| 22756 | without interest by the deduction of benefits through a |
| 22757 | redetermination or by a civil action. |
| 22758 | (f) Notwithstanding any other provision of this chapter, |
| 22759 | any person who is determined by this state, a cooperating state |
| 22760 | agency, the United States Secretary of Labor, or a court to have |
| 22761 | received any payments under the Trade Act of 1974, as amended, |
| 22762 | to which the person was not entitled shall have those payments |
| 22763 | deducted from any regular benefits, as defined in s. |
| 22764 | 443.1115(1)(e), payable to her or him under this chapter. Each |
| 22765 | such deduction may not exceed 50 percent of the amount otherwise |
| 22766 | payable. The payments deducted shall be remitted to the agency |
| 22767 | that issued the payments under the Trade Act of 1974, as |
| 22768 | amended, for return to the United States Treasury. Except for |
| 22769 | overpayments determined by a court, a deduction may not be made |
| 22770 | under this paragraph until a determination by the state agency |
| 22771 | or the United States Secretary of Labor is final. |
| 22772 | (7) REPRESENTATION IN ADMINISTRATIVE PROCEEDINGS.-In any |
| 22773 | administrative proceeding conducted under this chapter, an |
| 22774 | employer or a claimant has the right, at his or her own expense, |
| 22775 | to be represented by counsel or by an authorized representative. |
| 22776 | Notwithstanding s. 120.62(2), the authorized representative need |
| 22777 | not be a qualified representative. |
| 22778 | (8) BILINGUAL REQUIREMENTS.- |
| 22779 | (a) The Department of Economic Opportunity The Agency for |
| 22780 | Workforce Innovation shall provide printed bilingual |
| 22781 | instructional and educational materials in the appropriate |
| 22782 | language in those counties in which 5 percent or more of the |
| 22783 | households in the county are classified as a single-language |
| 22784 | minority. |
| 22785 | (b) The Department of Economic Opportunity The Agency for |
| 22786 | Workforce Innovation shall ensure that one-stop career centers |
| 22787 | and appeals offices located in counties subject to the |
| 22788 | requirements of paragraph (c) prominently post notices in the |
| 22789 | appropriate languages and that translators are available in |
| 22790 | those centers and offices. |
| 22791 | (c) As used in this subsection, the term "single-language |
| 22792 | minority" means households that speak the same non-English |
| 22793 | language and that do not contain an adult fluent in English. The |
| 22794 | Department of Economic Opportunity The Agency for Workforce |
| 22795 | Innovation shall develop estimates of the percentages of single- |
| 22796 | language minority households for each county by using data from |
| 22797 | the United States Bureau of the Census. |
| 22798 | Section 495. Subsection (1), paragraphs (a) and (c) of |
| 22799 | subsection (3), and subsection (4) of section 443.163, Florida |
| 22800 | Statutes, are amended to read: |
| 22801 | 443.163 Electronic reporting and remitting of |
| 22802 | contributions and reimbursements.- |
| 22803 | (1) An employer may file any report and remit any |
| 22804 | contributions or reimbursements required under this chapter by |
| 22805 | electronic means. The Department of Economic Opportunity The |
| 22806 | Agency for Workforce Innovation or the Department of Revenue the |
| 22807 | state agency providing unemployment tax collection services |
| 22808 | shall adopt rules prescribing the format and instructions |
| 22809 | necessary for electronically filing reports and remitting |
| 22810 | contributions and reimbursements to ensure a full collection of |
| 22811 | contributions and reimbursements due. The acceptable method of |
| 22812 | transfer, the method, form, and content of the electronic means, |
| 22813 | and the method, if any, by which the employer will be provided |
| 22814 | with an acknowledgment shall be prescribed by the Department of |
| 22815 | Economic Opportunity the Agency for Workforce Innovation or the |
| 22816 | Department of Revenue its tax collection service provider. |
| 22817 | However, any employer who employed 10 or more employees in any |
| 22818 | quarter during the preceding state fiscal year must file the |
| 22819 | Employers Quarterly Reports (UCT-6) for the current calendar |
| 22820 | year and remit the contributions and reimbursements due by |
| 22821 | electronic means approved by the Department of Revenue tax |
| 22822 | collection service provider. A person who prepared and reported |
| 22823 | for 100 or more employers in any quarter during the preceding |
| 22824 | state fiscal year must file the Employers Quarterly Reports |
| 22825 | (UCT-6) for each calendar quarter in the current calendar year, |
| 22826 | beginning with reports due for the second calendar quarter of |
| 22827 | 2003, by electronic means approved by the Department of Revenue |
| 22828 | tax collection service provider. |
| 22829 | (3) The Department of Revenue tax collection service |
| 22830 | provider may waive the requirement to file an Employers |
| 22831 | Quarterly Report (UCT-6) by electronic means for employers that |
| 22832 | are unable to comply despite good faith efforts or due to |
| 22833 | circumstances beyond the employer's reasonable control. |
| 22834 | (a) As prescribed by the Department of Economic |
| 22835 | Opportunity the Agency for Workforce Innovation or the |
| 22836 | Department of Revenue its tax collection service provider, |
| 22837 | grounds for approving the waiver include, but are not limited |
| 22838 | to, circumstances in which the employer does not: |
| 22839 | 1. Currently file information or data electronically with |
| 22840 | any business or government agency; or |
| 22841 | 2. Have a compatible computer that meets or exceeds the |
| 22842 | standards prescribed by the Department of Economic Opportunity |
| 22843 | the Agency for Workforce Innovation or the Department of Revenue |
| 22844 | its tax collection service provider. |
| 22845 | (c) The Department of Economic Opportunity The Agency for |
| 22846 | Workforce Innovation or the Department of Revenue the state |
| 22847 | agency providing unemployment tax collection services may |
| 22848 | establish by rule the length of time a waiver is valid and may |
| 22849 | determine whether subsequent waivers will be authorized, based |
| 22850 | on this subsection. |
| 22851 | (4) As used in this section, the term "electronic means" |
| 22852 | includes, but is not limited to, electronic data interchange; |
| 22853 | electronic funds transfer; and use of the Internet, telephone, |
| 22854 | or other technology specified by the Department of Economic |
| 22855 | Opportunity the Agency for Workforce Innovation or the |
| 22856 | Department of Revenue its tax collection service provider. |
| 22857 | Section 496. Section 443.171, Florida Statutes, is amended |
| 22858 | to read: |
| 22859 | 443.171 The Department of Economic Opportunity Agency for |
| 22860 | Workforce Innovation and commission; powers and duties; records |
| 22861 | and reports; proceedings; state-federal cooperation.- |
| 22862 | (1) POWERS AND DUTIES.-The Department of Economic |
| 22863 | Opportunity The Agency for Workforce Innovation shall administer |
| 22864 | this chapter. The Department of Economic Opportunity The agency |
| 22865 | may employ those persons, make expenditures, require reports, |
| 22866 | conduct investigations, and take other action necessary or |
| 22867 | suitable to administer this chapter. The Department of Economic |
| 22868 | Opportunity The Agency for Workforce Innovation shall annually |
| 22869 | submit information to Workforce Florida, Inc., covering the |
| 22870 | administration and operation of this chapter during the |
| 22871 | preceding calendar year for inclusion in the strategic plan |
| 22872 | under s. 445.006 and may make recommendations for amendment to |
| 22873 | this chapter. |
| 22874 | (2) PUBLICATION OF ACTS AND RULES.-The Department of |
| 22875 | Economic Opportunity The Agency for Workforce Innovation shall |
| 22876 | cause to be printed and distributed to the public, or otherwise |
| 22877 | distributed to the public through the Internet or similar |
| 22878 | electronic means, the text of this chapter and of the rules for |
| 22879 | administering this chapter adopted by the Department of Economic |
| 22880 | Opportunity the agency or the Department of Revenue the state |
| 22881 | agency providing unemployment tax collection services and any |
| 22882 | other matter relevant and suitable. The Department of Economic |
| 22883 | Opportunity The Agency for Workforce Innovation shall furnish |
| 22884 | this information to any person upon request. However, any |
| 22885 | pamphlet, rules, circulars, or reports required by this chapter |
| 22886 | may not contain any matter except the actual data necessary to |
| 22887 | complete them or the actual language of the rule, together with |
| 22888 | the proper notices. |
| 22889 | (3) PERSONNEL.-Subject to chapter 110 and the other |
| 22890 | provisions of this chapter, the Department of Economic |
| 22891 | Opportunity the Agency for Workforce Innovation may appoint, set |
| 22892 | the compensation of, and prescribe the duties and powers of |
| 22893 | employees, accountants, attorneys, experts, and other persons as |
| 22894 | necessary for the performance of the agency's duties of the |
| 22895 | Department of Economic Opportunity under this chapter. The |
| 22896 | Department of Economic Opportunity The Agency for Workforce |
| 22897 | Innovation may delegate to any person its power and authority |
| 22898 | under this chapter as necessary for the effective administration |
| 22899 | of this chapter and may bond any person handling moneys or |
| 22900 | signing checks under this chapter. The cost of these bonds must |
| 22901 | be paid from the Employment Security Administration Trust Fund. |
| 22902 | (4) EMPLOYMENT STABILIZATION.-The Department of Economic |
| 22903 | Opportunity The Agency for Workforce Innovation, under the |
| 22904 | direction of Workforce Florida, Inc., shall take all appropriate |
| 22905 | steps to reduce and prevent unemployment; to encourage and |
| 22906 | assist in the adoption of practical methods of career training, |
| 22907 | retraining, and career guidance; to investigate, recommend, |
| 22908 | advise, and assist in the establishment and operation, by |
| 22909 | municipalities, counties, school districts, and the state, of |
| 22910 | reserves for public works to be used in times of business |
| 22911 | depression and unemployment; to promote the reemployment of the |
| 22912 | unemployed workers throughout the state in every other way that |
| 22913 | may be feasible; to refer any claimant entitled to extended |
| 22914 | benefits to suitable work which meets the criteria of this |
| 22915 | chapter; and, to these ends, to carry on and publish the results |
| 22916 | of investigations and research studies. |
| 22917 | (5) RECORDS AND REPORTS.-Each employing unit shall keep |
| 22918 | true and accurate work records, containing the information |
| 22919 | required by the Department of Economic Opportunity the Agency |
| 22920 | for Workforce Innovation or the Department of Revenue its tax |
| 22921 | collection service provider. These records must be open to |
| 22922 | inspection and are subject to being copied by the Department of |
| 22923 | Economic Opportunity the Agency for Workforce Innovation or the |
| 22924 | Department of Revenue its tax collection service provider at any |
| 22925 | reasonable time and as often as necessary. The Department of |
| 22926 | Economic Opportunity The Agency for Workforce Innovation or the |
| 22927 | Department of Revenue its tax collection service provider may |
| 22928 | require from any employing unit any sworn or unsworn reports, |
| 22929 | for persons employed by the employing unit, necessary for the |
| 22930 | effective administration of this chapter. However, a state or |
| 22931 | local governmental agency performing intelligence or |
| 22932 | counterintelligence functions need not report an employee if the |
| 22933 | head of that agency determines that reporting the employee could |
| 22934 | endanger the safety of the employee or compromise an ongoing |
| 22935 | investigation or intelligence mission. Information revealing the |
| 22936 | employing unit's or individual's identity obtained from the |
| 22937 | employing unit or from any individual through the administration |
| 22938 | of this chapter, is, except to the extent necessary for the |
| 22939 | proper presentation of a claim or upon written authorization of |
| 22940 | the claimant who has a workers' compensation claim pending, |
| 22941 | confidential and exempt from s. 119.07(1). This confidential |
| 22942 | information is available only to public employees in the |
| 22943 | performance of their public duties. Any claimant, or the |
| 22944 | claimant's legal representative, at a hearing before an appeals |
| 22945 | referee or the commission must be supplied with information from |
| 22946 | these records to the extent necessary for the proper |
| 22947 | presentation of her or his claim. Any employee or member of the |
| 22948 | commission, any employee of the Department of Economic |
| 22949 | Opportunity the Agency for Workforce Innovation or the |
| 22950 | Department of Revenue its tax collection service provider, or |
| 22951 | any other person receiving confidential information who violates |
| 22952 | this subsection commits a misdemeanor of the second degree, |
| 22953 | punishable as provided in s. 775.082 or s. 775.083. However, the |
| 22954 | Department of Economic Opportunity the Agency for Workforce |
| 22955 | Innovation or the Department of Revenue its tax collection |
| 22956 | service provider may furnish to any employer copies of any |
| 22957 | report previously submitted by that employer, upon the request |
| 22958 | of the employer. The Department of Economic Opportunity The |
| 22959 | Agency for Workforce Innovation or the Department of Revenue its |
| 22960 | tax collection service provider may charge a reasonable fee for |
| 22961 | copies of reports, which may not exceed the actual reasonable |
| 22962 | cost of the preparation of the copies as prescribed by rules |
| 22963 | adopted by the Department of Economic Opportunity the Agency for |
| 22964 | Workforce Innovation or the Department of Revenue state agency |
| 22965 | providing tax collection services. Fees received by the |
| 22966 | Department of Economic Opportunity the Agency for Workforce |
| 22967 | Innovation or the Department of Revenue its tax collection |
| 22968 | service provider for copies furnished under this subsection must |
| 22969 | be deposited in the Employment Security Administration Trust |
| 22970 | Fund. |
| 22971 | (6) OATHS AND WITNESSES.-In the discharge of the duties |
| 22972 | imposed by this chapter, the Department of Economic Opportunity |
| 22973 | the Agency for Workforce Innovation, the Department of Revenue |
| 22974 | its tax collection service provider, the members of the |
| 22975 | commission, and any authorized representative of any of these |
| 22976 | entities may administer oaths and affirmations, take |
| 22977 | depositions, certify to official acts, and issue subpoenas to |
| 22978 | compel the attendance of witnesses and the production of books, |
| 22979 | papers, correspondence, memoranda, and other records deemed |
| 22980 | necessary as evidence in connection with the administration of |
| 22981 | this chapter. |
| 22982 | (7) SUBPOENAS.-If a person refuses to obey a subpoena |
| 22983 | issued to that person, any court of this state within the |
| 22984 | jurisdiction of which the inquiry is carried on, or within the |
| 22985 | jurisdiction of which the person is found, resides, or transacts |
| 22986 | business, upon application by the Department of Economic |
| 22987 | Opportunity the Agency for Workforce Innovation, the Department |
| 22988 | of Revenue its tax collection service provider, the commission, |
| 22989 | or any authorized representative of any of these entities has |
| 22990 | jurisdiction to order the person to appear before the entity to |
| 22991 | produce evidence or give testimony on the matter under |
| 22992 | investigation or in question. Failure to obey the order of the |
| 22993 | court may be punished by the court as contempt. Any person who |
| 22994 | fails or refuses without just cause to appear or testify; to |
| 22995 | answer any lawful inquiry; or to produce books, papers, |
| 22996 | correspondence, memoranda, and other records within her or his |
| 22997 | control as commanded in a subpoena of the Department of Economic |
| 22998 | Opportunity the Agency for Workforce Innovation, the Department |
| 22999 | of Revenue its tax collection service provider, the commission, |
| 23000 | or any authorized representative of any of these entities |
| 23001 | commits a misdemeanor of the second degree, punishable as |
| 23002 | provided in s. 775.082 or s. 775.083. Each day that a violation |
| 23003 | continues is a separate offense. |
| 23004 | (8) PROTECTION AGAINST SELF-INCRIMINATION.-A person is not |
| 23005 | excused from appearing or testifying, or from producing books, |
| 23006 | papers, correspondence, memoranda, or other records, before the |
| 23007 | Department of Economic Opportunity the Agency for Workforce |
| 23008 | Innovation, the Department of Revenue its tax collection service |
| 23009 | provider, the commission, or any authorized representative of |
| 23010 | any of these entities or as commanded in a subpoena of any of |
| 23011 | these entities in any proceeding before the Department of |
| 23012 | Economic Opportunity the Agency for Workforce Innovation, the |
| 23013 | commission, an appeals referee, or a special deputy on the |
| 23014 | ground that the testimony or evidence, documentary or otherwise, |
| 23015 | required of the person may incriminate her or him or subject her |
| 23016 | or him to a penalty or forfeiture. That person may not be |
| 23017 | prosecuted or subjected to any penalty or forfeiture for or on |
| 23018 | account of any transaction, matter, or thing concerning which |
| 23019 | she or he is compelled, after having claimed her or his |
| 23020 | privilege against self-incrimination, to testify or produce |
| 23021 | evidence, documentary or otherwise, except that the person |
| 23022 | testifying is not exempt from prosecution and punishment for |
| 23023 | perjury committed while testifying. |
| 23024 | (9) STATE-FEDERAL COOPERATION.- |
| 23025 | (a)1. In the administration of this chapter, the |
| 23026 | Department of Economic Opportunity the Agency for Workforce |
| 23027 | Innovation and the Department of Revenue its tax collection |
| 23028 | service provider shall cooperate with the United States |
| 23029 | Department of Labor to the fullest extent consistent with this |
| 23030 | chapter and shall take those actions, through the adoption of |
| 23031 | appropriate rules, administrative methods, and standards, |
| 23032 | necessary to secure for this state all advantages available |
| 23033 | under the provisions of federal law relating to unemployment |
| 23034 | compensation. |
| 23035 | 2. In the administration of the provisions in s. 443.1115, |
| 23036 | which are enacted to conform with the Federal-State Extended |
| 23037 | Unemployment Compensation Act of 1970, the Department of |
| 23038 | Economic Opportunity the Agency for Workforce Innovation shall |
| 23039 | take those actions necessary to ensure that those provisions are |
| 23040 | interpreted and applied to meet the requirements of the federal |
| 23041 | act as interpreted by the United States Department of Labor and |
| 23042 | to secure for this state the full reimbursement of the federal |
| 23043 | share of extended benefits paid under this chapter which is |
| 23044 | reimbursable under the federal act. |
| 23045 | 3. The Department of Economic Opportunity The Agency for |
| 23046 | Workforce Innovation and the Department of Revenue its tax |
| 23047 | collection service provider shall comply with the regulations of |
| 23048 | the United States Department of Labor relating to the receipt or |
| 23049 | expenditure by this state of funds granted under federal law; |
| 23050 | shall submit the reports in the form and containing the |
| 23051 | information the United States Department of Labor requires; and |
| 23052 | shall comply with directions of the United States Department of |
| 23053 | Labor necessary to assure the correctness and verification of |
| 23054 | these reports. |
| 23055 | (b) The Department of Economic Opportunity The Agency for |
| 23056 | Workforce Innovation and the Department of Revenue its tax |
| 23057 | collection service provider may cooperate with every agency of |
| 23058 | the United States charged with administration of any |
| 23059 | unemployment insurance law. |
| 23060 | (c) The Department of Economic Opportunity The Agency for |
| 23061 | Workforce Innovation and the Department of Revenue its tax |
| 23062 | collection service provider shall cooperate with the agencies of |
| 23063 | other states, and shall make every proper effort within their |
| 23064 | means, to oppose and prevent any further action leading to the |
| 23065 | complete or substantial federalization of state unemployment |
| 23066 | compensation funds or state employment security programs. The |
| 23067 | Department of Economic Opportunity The Agency for Workforce |
| 23068 | Innovation and the Department of Revenue its tax collection |
| 23069 | service provider may make, and may cooperate with other |
| 23070 | appropriate agencies in making, studies as to the practicability |
| 23071 | and probable cost of possible new state-administered social |
| 23072 | security programs and the relative desirability of state, rather |
| 23073 | than federal, action in that field of study. |
| 23074 | Section 497. Subsections (1) and (2) of section 443.1715, |
| 23075 | Florida Statutes, are amended to read: |
| 23076 | 443.1715 Disclosure of information; confidentiality.- |
| 23077 | (1) RECORDS AND REPORTS.-Information revealing an |
| 23078 | employing unit's or individual's identity obtained from the |
| 23079 | employing unit or any individual under the administration of |
| 23080 | this chapter, and any determination revealing that information, |
| 23081 | except to the extent necessary for the proper presentation of a |
| 23082 | claim or upon written authorization of the claimant who has a |
| 23083 | workers' compensation claim pending or is receiving compensation |
| 23084 | benefits, is confidential and exempt from s. 119.07(1) and s. |
| 23085 | 24(a), Art. I of the State Constitution. This confidential |
| 23086 | information may be released only to public employees in the |
| 23087 | performance of their public duties. Except as otherwise provided |
| 23088 | by law, public employees receiving this confidential information |
| 23089 | must maintain the confidentiality of the information. Any |
| 23090 | claimant, or the claimant's legal representative, at a hearing |
| 23091 | before an appeals referee or the commission is entitled to |
| 23092 | information from these records to the extent necessary for the |
| 23093 | proper presentation of her or his claim. A person receiving |
| 23094 | confidential information who violates this subsection commits a |
| 23095 | misdemeanor of the second degree, punishable as provided in s. |
| 23096 | 775.082 or s. 775.083. The Department of Economic Opportunity |
| 23097 | The Agency for Workforce Innovation or the Department of Revenue |
| 23098 | its tax collection service provider may, however, furnish to any |
| 23099 | employer copies of any report submitted by that employer upon |
| 23100 | the request of the employer and may furnish to any claimant |
| 23101 | copies of any report submitted by that claimant upon the request |
| 23102 | of the claimant. The Department of Economic Opportunity The |
| 23103 | Agency for Workforce Innovation or the Department of Revenue its |
| 23104 | tax collection service provider may charge a reasonable fee for |
| 23105 | copies of these reports as prescribed by rule, which may not |
| 23106 | exceed the actual reasonable cost of the preparation of the |
| 23107 | copies. Fees received for copies under this subsection must be |
| 23108 | deposited in the Employment Security Administration Trust Fund. |
| 23109 | (2) DISCLOSURE OF INFORMATION.- |
| 23110 | (a) Subject to restrictions the Department of Economic |
| 23111 | Opportunity the Agency for Workforce Innovation or the |
| 23112 | Department of Revenue the state agency providing unemployment |
| 23113 | tax collection services adopts by rule, information declared |
| 23114 | confidential under this section is available to any agency of |
| 23115 | this or any other state, or any federal agency, charged with the |
| 23116 | administration of any unemployment compensation law or the |
| 23117 | maintenance of the one-stop delivery system, or the Bureau of |
| 23118 | Internal Revenue of the United States Department of the |
| 23119 | Treasury, the Governor's Office of Tourism, Trade, and Economic |
| 23120 | Development, or the Florida Department of Revenue. Information |
| 23121 | obtained in connection with the administration of the one-stop |
| 23122 | delivery system may be made available to persons or agencies for |
| 23123 | purposes appropriate to the operation of a public employment |
| 23124 | service or a job-preparatory or career education or training |
| 23125 | program. The Department of Economic Opportunity The Agency for |
| 23126 | Workforce Innovation shall, on a quarterly basis, furnish the |
| 23127 | National Directory of New Hires with information concerning the |
| 23128 | wages and unemployment benefits paid to individuals, by the |
| 23129 | dates, in the format, and containing the information specified |
| 23130 | in the regulations of the United States Secretary of Health and |
| 23131 | Human Services. Upon request, the Department of Economic |
| 23132 | Opportunity the Agency for Workforce Innovation shall furnish |
| 23133 | any agency of the United States charged with the administration |
| 23134 | of public works or assistance through public employment, and may |
| 23135 | furnish to any state agency similarly charged, the name, |
| 23136 | address, ordinary occupation, and employment status of each |
| 23137 | recipient of benefits and the recipient's rights to further |
| 23138 | benefits under this chapter. Except as otherwise provided by |
| 23139 | law, the receiving agency must retain the confidentiality of |
| 23140 | this information as provided in this section. The Department of |
| 23141 | Revenue tax collection service provider may request the |
| 23142 | Comptroller of the Currency of the United States to examine the |
| 23143 | correctness of any return or report of any national banking |
| 23144 | association rendered under this chapter and may in connection |
| 23145 | with that request transmit any report or return for examination |
| 23146 | to the Comptroller of the Currency of the United States as |
| 23147 | provided in s. 3305(c) of the federal Internal Revenue Code. |
| 23148 | (b) The employer or the employer's workers' compensation |
| 23149 | carrier against whom a claim for benefits under chapter 440 has |
| 23150 | been made, or a representative of either, may request from the |
| 23151 | Department of Economic Opportunity the Agency for Workforce |
| 23152 | Innovation records of wages of the employee reported to the |
| 23153 | Department of Economic Opportunity the agency by any employer |
| 23154 | for the quarter that includes the date of the accident that is |
| 23155 | the subject of such claim and for subsequent quarters. |
| 23156 | 1. The request must be made with the authorization or |
| 23157 | consent of the employee or any employer who paid wages to the |
| 23158 | employee after the date of the accident. |
| 23159 | 2. The employer or carrier shall make the request on a |
| 23160 | form prescribed by rule for such purpose by the Department of |
| 23161 | Economic Opportunity the agency. Such form shall contain a |
| 23162 | certification by the requesting party that it is a party |
| 23163 | entitled to the information requested. |
| 23164 | 3. The Department of Economic Opportunity The agency shall |
| 23165 | provide the most current information readily available within 15 |
| 23166 | days after receiving the request. |
| 23167 | Section 498. Section 443.181, Florida Statutes, is amended |
| 23168 | to read: |
| 23169 | 443.181 Public employment service.- |
| 23170 | (1) The one-stop delivery system established under s. |
| 23171 | 445.009 is this state's public employment service as part of the |
| 23172 | national system of public employment offices under 29 U.S.C. s. |
| 23173 | 49. The Department of Economic Opportunity The Agency for |
| 23174 | Workforce Innovation, under policy direction from Workforce |
| 23175 | Florida, Inc., shall cooperate with any official or agency of |
| 23176 | the United States having power or duties under 29 U.S.C. ss. 49- |
| 23177 | 49l-1 and shall perform those duties necessary to secure to this |
| 23178 | state the funds provided under federal law for the promotion and |
| 23179 | maintenance of the state's public employment service. In |
| 23180 | accordance with 29 U.S.C. s. 49c, this state accepts 29 U.S.C. |
| 23181 | ss. 49-49l-1. The Department of Economic Opportunity The Agency |
| 23182 | for Workforce Innovation is designated the state agency |
| 23183 | responsible for cooperating with the United States Secretary of |
| 23184 | Labor under 29 U.S.C. s. 49c. The Department of Economic |
| 23185 | Opportunity The Agency for Workforce Innovation shall appoint |
| 23186 | sufficient employees to administer this section. The Department |
| 23187 | of Economic Opportunity The Agency for Workforce Innovation may |
| 23188 | cooperate with or enter into agreements with the Railroad |
| 23189 | Retirement Board for the establishment, maintenance, and use of |
| 23190 | one-stop career centers. |
| 23191 | (2) All funds received by this state under 29 U.S.C. ss. |
| 23192 | 49-49l-1 must be paid into the Employment Security |
| 23193 | Administration Trust Fund, and these funds are available to the |
| 23194 | Department of Economic Opportunity the Agency for Workforce |
| 23195 | Innovation for expenditure as provided by this chapter or by |
| 23196 | federal law. For the purpose of establishing and maintaining |
| 23197 | one-stop career centers, the Department of Economic Opportunity |
| 23198 | the Agency for Workforce Innovation may enter into agreements |
| 23199 | with the Railroad Retirement Board or any other agency of the |
| 23200 | United States charged with the administration of an unemployment |
| 23201 | compensation law, with any political subdivision of this state, |
| 23202 | or with any private, nonprofit organization. As a part of any |
| 23203 | such agreement, the Department of Economic Opportunity the |
| 23204 | Agency for Workforce Innovation may accept moneys, services, or |
| 23205 | quarters as a contribution to the Employment Security |
| 23206 | Administration Trust Fund. |
| 23207 | Section 499. Subsections (1) through (4) of section |
| 23208 | 443.191, Florida Statutes, are amended to read: |
| 23209 | 443.191 Unemployment Compensation Trust Fund; |
| 23210 | establishment and control.- |
| 23211 | (1) There is established, as a separate trust fund apart |
| 23212 | from all other public funds of this state, an Unemployment |
| 23213 | Compensation Trust Fund, which shall be administered by the |
| 23214 | Department of Economic Opportunity the Agency for Workforce |
| 23215 | Innovation exclusively for the purposes of this chapter. The |
| 23216 | fund shall consist of: |
| 23217 | (a) All contributions and reimbursements collected under |
| 23218 | this chapter; |
| 23219 | (b) Interest earned on any moneys in the fund; |
| 23220 | (c) Any property or securities acquired through the use of |
| 23221 | moneys belonging to the fund; |
| 23222 | (d) All earnings of these properties or securities; |
| 23223 | (e) All money credited to this state's account in the |
| 23224 | federal Unemployment Compensation Trust Fund under 42 U.S.C. s. |
| 23225 | 1103; and |
| 23226 | (f) Advances on the amount in the federal Unemployment |
| 23227 | Compensation Trust Fund credited to the state under 42 U.S.C. s. |
| 23228 | 1321, as requested by the Governor or the Governor's designee. |
| 23229 |
|
| 23230 | Except as otherwise provided in s. 443.1313(4), all moneys in |
| 23231 | the fund shall be mingled and undivided. |
| 23232 | (2) The Chief Financial Officer shall serve is the ex |
| 23233 | officio as treasurer and custodian of the fund and shall |
| 23234 | administer the fund in accordance with the directions of the |
| 23235 | Department of Economic Opportunity the Agency for Workforce |
| 23236 | Innovation. All payments from the fund must be approved by the |
| 23237 | Department of Economic Opportunity the Agency for Workforce |
| 23238 | Innovation or by an authorized agent. The Chief Financial |
| 23239 | Officer shall maintain within the fund three separate accounts: |
| 23240 | (a) A clearing account; |
| 23241 | (b) An Unemployment Compensation Trust Fund account; and |
| 23242 | (c) A benefit account. |
| 23243 |
|
| 23244 | All moneys payable to the fund, including moneys received from |
| 23245 | the United States as reimbursement for extended benefits paid by |
| 23246 | the Department of Economic Opportunity the Agency for Workforce |
| 23247 | Innovation, must be forwarded to the Chief Financial Officer, |
| 23248 | who shall immediately deposit them in the clearing account. |
| 23249 | Refunds payable under s. 443.141 may be paid from the clearing |
| 23250 | account. After clearance, all other moneys in the clearing |
| 23251 | account must be immediately deposited with the Secretary of the |
| 23252 | Treasury of the United States to the credit of this state's |
| 23253 | account in the federal Unemployment Compensation Trust Fund |
| 23254 | notwithstanding any state law relating to the deposit, |
| 23255 | administration, release, or disbursement of moneys in the |
| 23256 | possession or custody of this state. The benefit account |
| 23257 | consists of all moneys requisitioned from this state's account |
| 23258 | in the federal Unemployment Compensation Trust Fund. Except as |
| 23259 | otherwise provided by law, moneys in the clearing and benefit |
| 23260 | accounts may be deposited by the Chief Financial Officer, under |
| 23261 | the direction of the Department of Economic Opportunity the |
| 23262 | Agency for Workforce Innovation, in any bank or public |
| 23263 | depository in which general funds of the state are deposited, |
| 23264 | but a public deposit insurance charge or premium may not be paid |
| 23265 | out of the fund. If any warrant issued against the clearing |
| 23266 | account or the benefit account is not presented for payment |
| 23267 | within 1 year after issuance, the Chief Financial Officer must |
| 23268 | cancel the warrant and credit without restriction the amount of |
| 23269 | the warrant to the account upon which it is drawn. When the |
| 23270 | payee or person entitled to a canceled warrant requests payment |
| 23271 | of the warrant, the Chief Financial Officer, upon direction of |
| 23272 | the Department of Economic Opportunity the Agency for Workforce |
| 23273 | Innovation, must issue a new warrant, payable from the account |
| 23274 | against which the canceled warrant was drawn. |
| 23275 | (3) Moneys may only be requisitioned from the state's |
| 23276 | account in the federal Unemployment Compensation Trust Fund |
| 23277 | solely for the payment of benefits and extended benefits and for |
| 23278 | payment in accordance with rules prescribed by the Department of |
| 23279 | Economic Opportunity the Agency for Workforce Innovation, or for |
| 23280 | the repayment of advances made pursuant to 42 U.S.C. s. 1321, as |
| 23281 | authorized by the Governor or the Governor's designee, except |
| 23282 | that money credited to this state's account under 42 U.S.C. s. |
| 23283 | 1103 may only be used exclusively as provided in subsection (5). |
| 23284 | The Department of Economic Opportunity The Agency for Workforce |
| 23285 | Innovation, through the Chief Financial Officer, shall |
| 23286 | requisition from the federal Unemployment Compensation Trust |
| 23287 | Fund amounts, not exceeding the amounts credited to this state's |
| 23288 | account in the fund, as necessary for the payment of benefits |
| 23289 | and extended benefits for a reasonable future period. Upon |
| 23290 | receipt of these amounts, the Chief Financial Officer shall |
| 23291 | deposit the moneys in the benefit account in the State Treasury |
| 23292 | and warrants for the payment of benefits and extended benefits |
| 23293 | shall be drawn upon the order of the Department of Economic |
| 23294 | Opportunity the Agency for Workforce Innovation against the |
| 23295 | account. All warrants for benefits and extended benefits are |
| 23296 | payable directly to the ultimate beneficiary. Expenditures of |
| 23297 | these moneys in the benefit account and refunds from the |
| 23298 | clearing account are not subject to any law requiring specific |
| 23299 | appropriations or other formal release by state officers of |
| 23300 | money in their custody. All warrants issued for the payment of |
| 23301 | benefits and refunds must bear the signature of the Chief |
| 23302 | Financial Officer. Any balance of moneys requisitioned from this |
| 23303 | state's account in the federal Unemployment Compensation Trust |
| 23304 | Fund which remains unclaimed or unpaid in the benefit account |
| 23305 | after the period for which the moneys were requisitioned shall |
| 23306 | be deducted from estimates for, and may be used for the payment |
| 23307 | of, benefits and extended benefits during succeeding periods, |
| 23308 | or, in the discretion of the Department of Economic Opportunity |
| 23309 | the Agency for Workforce Innovation, shall be redeposited with |
| 23310 | the Secretary of the Treasury of the United States, to the |
| 23311 | credit of this state's account in the federal Unemployment |
| 23312 | Compensation Trust Fund, as provided in subsection (2). |
| 23313 | (4) Subsections (1), (2), and (3), to the extent they |
| 23314 | relate to the federal Unemployment Compensation Trust Fund, |
| 23315 | apply only while the fund continues to exist and while the |
| 23316 | Secretary of the Treasury of the United States continues to |
| 23317 | maintain for this state a separate account of all funds |
| 23318 | deposited by this state for the payment of benefits, together |
| 23319 | with this state's proportionate share of the earnings of the |
| 23320 | federal Unemployment Compensation Trust Fund, from which no |
| 23321 | other state is permitted to make withdrawals. If the federal |
| 23322 | Unemployment Compensation Trust Fund ceases to exist, or the |
| 23323 | separate account is no longer maintained, all moneys, |
| 23324 | properties, or securities belonging to this state's account in |
| 23325 | the federal Unemployment Compensation Trust Fund must be |
| 23326 | transferred to the treasurer of the Unemployment Compensation |
| 23327 | Trust Fund, who must hold, invest, transfer, sell, deposit, and |
| 23328 | release those moneys, properties, or securities in a manner |
| 23329 | approved by the Department of Economic Opportunity the Agency |
| 23330 | for Workforce Innovation in accordance with this chapter. These |
| 23331 | moneys must, however, be invested in the following readily |
| 23332 | marketable classes of securities: bonds or other interest- |
| 23333 | bearing obligations of the United States or of the state. |
| 23334 | Further, the investment must at all times be made in a manner |
| 23335 | that allows all the assets of the fund to always be readily |
| 23336 | convertible into cash when needed for the payment of benefits. |
| 23337 | The treasurer may only dispose of securities or other properties |
| 23338 | belonging to the Unemployment Compensation Trust Fund under the |
| 23339 | direction of the Department of Economic Opportunity the Agency |
| 23340 | for Workforce Innovation. |
| 23341 | Section 500. Section 443.211, Florida Statutes, is amended |
| 23342 | to read: |
| 23343 | 443.211 Employment Security Administration Trust Fund; |
| 23344 | appropriation; reimbursement.- |
| 23345 | (1) EMPLOYMENT SECURITY ADMINISTRATION TRUST FUND.-There |
| 23346 | is created in the State Treasury the "Employment Security |
| 23347 | Administration Trust Fund." All moneys deposited into this fund |
| 23348 | remain continuously available to the Department of Economic |
| 23349 | Opportunity the Agency for Workforce Innovation for expenditure |
| 23350 | in accordance with this chapter and do not revert at any time |
| 23351 | and may not be transferred to any other fund. All moneys in this |
| 23352 | fund which are received from the Federal Government or any |
| 23353 | federal agency or which are appropriated by this state under ss. |
| 23354 | 443.171 and 443.181, except money received under s. |
| 23355 | 443.191(5)(c), must be expended solely for the purposes and in |
| 23356 | the amounts found necessary by the authorized cooperating |
| 23357 | federal agencies for the proper and efficient administration of |
| 23358 | this chapter. The fund consists of: all moneys appropriated by |
| 23359 | this state; all moneys received from the United States or any |
| 23360 | federal agency; all moneys received from any other source for |
| 23361 | the administration of this chapter; any funds collected for |
| 23362 | enhanced, specialized, or value-added labor market information |
| 23363 | services; any moneys received from any agency of the United |
| 23364 | States or any other state as compensation for services or |
| 23365 | facilities supplied to that agency; any amounts received from |
| 23366 | any surety bond or insurance policy or from other sources for |
| 23367 | losses sustained by the Employment Security Administration Trust |
| 23368 | Fund or by reason of damage to equipment or supplies purchased |
| 23369 | from moneys in the fund; and any proceeds from the sale or |
| 23370 | disposition of such equipment or supplies. All money |
| 23371 | requisitioned and deposited in this fund under s. 443.191(5)(c) |
| 23372 | remains part of the Unemployment Compensation Trust Fund and |
| 23373 | must be used only in accordance with s. 443.191(5). All moneys |
| 23374 | in this fund must be deposited, administered, and disbursed in |
| 23375 | the same manner and under the same conditions and requirements |
| 23376 | as provided by law for other trust funds in the State Treasury. |
| 23377 | These moneys must be secured by the depositary in which they are |
| 23378 | held to the same extent and in the same manner as required by |
| 23379 | the general depositary law of the state, and collateral pledged |
| 23380 | must be maintained in a separate custody account. All payments |
| 23381 | from the Employment Security Administration Trust Fund must be |
| 23382 | approved by the Department of Economic Opportunity the Agency |
| 23383 | for Workforce Innovation or by an authorized agent and must be |
| 23384 | made by the Chief Financial Officer. Any balances in this fund |
| 23385 | do not revert at any time and must remain continuously available |
| 23386 | to the Department of Economic Opportunity the Agency for |
| 23387 | Workforce Innovation for expenditure consistent with this |
| 23388 | chapter. |
| 23389 | (2) SPECIAL EMPLOYMENT SECURITY ADMINISTRATION TRUST |
| 23390 | FUND.-There is created in the State Treasury the "Special |
| 23391 | Employment Security Administration Trust Fund," into which shall |
| 23392 | be deposited or transferred all interest on contributions and |
| 23393 | reimbursements, penalties, and fines or fees collected under |
| 23394 | this chapter. Interest on contributions and reimbursements, |
| 23395 | penalties, and fines or fees deposited during any calendar |
| 23396 | quarter in the clearing account in the Unemployment Compensation |
| 23397 | Trust Fund shall, as soon as practicable after the close of that |
| 23398 | calendar quarter and upon certification of the Department of |
| 23399 | Economic Opportunity the Agency for Workforce Innovation, be |
| 23400 | transferred to the Special Employment Security Administration |
| 23401 | Trust Fund. The amount certified by the Department of Economic |
| 23402 | Opportunity the Agency for Workforce Innovation as required |
| 23403 | under this chapter to pay refunds of interest on contributions |
| 23404 | and reimbursements, penalties, and fines or fees collected and |
| 23405 | erroneously deposited into the clearing account in the |
| 23406 | Unemployment Compensation Trust Fund shall, however, be withheld |
| 23407 | from this transfer. The interest and penalties certified for |
| 23408 | transfer are deemed as being erroneously deposited in the |
| 23409 | clearing account, and their transfer to the Special Employment |
| 23410 | Security Administration Trust Fund is deemed to be a refund of |
| 23411 | the erroneous deposits. All moneys in this fund shall be |
| 23412 | deposited, administered, and disbursed in the same manner and |
| 23413 | under the same requirements as provided by law for other trust |
| 23414 | funds in the State Treasury. These moneys may not be expended or |
| 23415 | be available for expenditure in any manner that would permit |
| 23416 | their substitution for, or permit a corresponding reduction in, |
| 23417 | federal funds that would, in the absence of these moneys, be |
| 23418 | available to finance expenditures for the administration of this |
| 23419 | chapter. This section does not prevent these moneys from being |
| 23420 | used as a revolving fund to cover lawful expenditures for which |
| 23421 | federal funds are requested but not yet received, subject to the |
| 23422 | charging of the expenditures against the funds when received. |
| 23423 | The moneys in this fund, with the approval of the Executive |
| 23424 | Office of the Governor, shall be used by the Department of |
| 23425 | Economic Opportunity the Agency for Workforce Innovation for |
| 23426 | paying administrative costs that are not chargeable against |
| 23427 | funds obtained from federal sources. All moneys in the Special |
| 23428 | Employment Security Administration Trust Fund shall be |
| 23429 | continuously available to the Department of Economic Opportunity |
| 23430 | the Agency for Workforce Innovation for expenditure in |
| 23431 | accordance with this chapter and do not revert at any time. All |
| 23432 | payments from the Special Employment Security Administration |
| 23433 | Trust Fund must be approved by the Department of Economic |
| 23434 | Opportunity the Agency for Workforce Innovation or by an |
| 23435 | authorized agent and shall be made by the Chief Financial |
| 23436 | Officer. The moneys in this fund are available to replace, as |
| 23437 | contemplated by subsection (3), expenditures from the Employment |
| 23438 | Security Administration Trust Fund which the United States |
| 23439 | Secretary of Labor, or other authorized federal agency or |
| 23440 | authority, finds are lost or improperly expended because of any |
| 23441 | action or contingency. The Chief Financial Officer is liable on |
| 23442 | her or his official bond for the faithful performance of her or |
| 23443 | his duties in connection with the Special Employment Security |
| 23444 | Administration Trust Fund. |
| 23445 | (3) REIMBURSEMENT OF FUND.-If any moneys received from the |
| 23446 | United States Secretary of Labor under 42 U.S.C. ss. 501-504, |
| 23447 | any unencumbered balances in the Employment Security |
| 23448 | Administration Trust Fund, any moneys granted to this state |
| 23449 | under the Wagner-Peyser Act, or any moneys made available by |
| 23450 | this state or its political subdivisions and matched by the |
| 23451 | moneys granted to this state under the Wagner-Peyser Act, are |
| 23452 | after reasonable notice and opportunity for hearing, found by |
| 23453 | the United States Secretary of Labor, because of any action or |
| 23454 | contingency, to be lost or expended for purposes other than, or |
| 23455 | in amounts in excess of, those allowed by the United States |
| 23456 | Secretary of Labor for the administration of this chapter, these |
| 23457 | moneys shall be replaced by moneys appropriated for that purpose |
| 23458 | from the General Revenue Fund to the Employment Security |
| 23459 | Administration Trust Fund for expenditure as provided in |
| 23460 | subsection (1). Upon receipt of notice of such a finding by the |
| 23461 | United States Secretary of Labor, the Department of Economic |
| 23462 | Opportunity the Agency for Workforce Innovation shall promptly |
| 23463 | report the amount required for replacement to the Governor. The |
| 23464 | Governor shall, at the earliest opportunity, submit to the |
| 23465 | Legislature a request for the appropriation of the replacement |
| 23466 | funds. |
| 23467 | (4) RESPONSIBILITY FOR TRUST FUNDS.-In connection with its |
| 23468 | duties under s. 443.181, the Department of Economic Opportunity |
| 23469 | the Agency for Workforce Innovation is responsible for the |
| 23470 | deposit, requisition, expenditure, approval of payment, |
| 23471 | reimbursement, and reporting in regard to the trust funds |
| 23472 | established by this section. |
| 23473 | Section 501. Section 443.221, Florida Statutes, is amended |
| 23474 | to read: |
| 23475 | 443.221 Reciprocal arrangements.- |
| 23476 | (1)(a) The Department of Economic Opportunity The Agency |
| 23477 | for Workforce Innovation or the Department of Revenue its tax |
| 23478 | collection service provider may enter into reciprocal |
| 23479 | arrangements with other states or with the Federal Government, |
| 23480 | or both, for considering services performed by an individual for |
| 23481 | a single employing unit for which services are performed by the |
| 23482 | individual in more than one state as services performed entirely |
| 23483 | within any one of the states: |
| 23484 | 1. In which any part of the individual's service is |
| 23485 | performed; |
| 23486 | 2. In which the individual has her or his residence; or |
| 23487 | 3. In which the employing unit maintains a place of |
| 23488 | business. |
| 23489 | (b) For services to be considered as performed within a |
| 23490 | state under a reciprocal agreement, the employing unit must have |
| 23491 | an election in effect for those services, which is approved by |
| 23492 | the agency charged with the administration of such state's |
| 23493 | unemployment compensation law, under which all the services |
| 23494 | performed by the individual for the employing unit are deemed to |
| 23495 | be performed entirely within that state. |
| 23496 | (c) The Department of Economic Opportunity The Agency for |
| 23497 | Workforce Innovation shall participate in any arrangements for |
| 23498 | the payment of compensation on the basis of combining an |
| 23499 | individual's wages and employment covered under this chapter |
| 23500 | with her or his wages and employment covered under the |
| 23501 | unemployment compensation laws of other states, which are |
| 23502 | approved by the United States Secretary of Labor, in |
| 23503 | consultation with the state unemployment compensation agencies, |
| 23504 | as reasonably calculated to assure the prompt and full payment |
| 23505 | of compensation in those situations and which include provisions |
| 23506 | for: |
| 23507 | 1. Applying the base period of a single state law to a |
| 23508 | claim involving the combining of an individual's wages and |
| 23509 | employment covered under two or more state unemployment |
| 23510 | compensation laws; and |
| 23511 | 2. Avoiding the duplicate use of wages and employment |
| 23512 | because of the combination. |
| 23513 | (d) Contributions or reimbursements due under this chapter |
| 23514 | with respect to wages for insured work are, for the purposes of |
| 23515 | ss. 443.131, 443.1312, 443.1313, and 443.141, deemed to be paid |
| 23516 | to the fund as of the date payment was made as contributions or |
| 23517 | reimbursements therefor under another state or federal |
| 23518 | unemployment compensation law, but an arrangement may not be |
| 23519 | entered into unless it contains provisions for reimbursement to |
| 23520 | the fund of the contributions or reimbursements and the actual |
| 23521 | earnings thereon as the Department of Economic Opportunity the |
| 23522 | Agency for Workforce Innovation or the Department of Revenue its |
| 23523 | tax collection service provider finds are fair and reasonable as |
| 23524 | to all affected interests. |
| 23525 | (2) The Department of Economic Opportunity The Agency for |
| 23526 | Workforce Innovation or the Department of Revenue its tax |
| 23527 | collection service provider may make to other state or federal |
| 23528 | agencies and receive from these other state or federal agencies |
| 23529 | reimbursements from or to the fund, in accordance with |
| 23530 | arrangements entered into under subsection (1). |
| 23531 | (3) The Department of Economic Opportunity The Agency for |
| 23532 | Workforce Innovation or the Department of Revenue its tax |
| 23533 | collection service provider may enter into reciprocal |
| 23534 | arrangements with other states or the Federal Government, or |
| 23535 | both, for exchanging services, determining and enforcing payment |
| 23536 | obligations, and making available facilities and information. |
| 23537 | The Department of Economic Opportunity The Agency for Workforce |
| 23538 | Innovation or the Department of Revenue its tax collection |
| 23539 | service provider may conduct investigations, secure and transmit |
| 23540 | information, make available services and facilities, and |
| 23541 | exercise other powers provided under this chapter to facilitate |
| 23542 | the administration of any unemployment compensation or public |
| 23543 | employment service law and, in a similar manner, accept and use |
| 23544 | information, services, and facilities made available to this |
| 23545 | state by the agency charged with the administration of any other |
| 23546 | unemployment compensation or public employment service law. |
| 23547 | (4) To the extent permissible under federal law, the |
| 23548 | Department of Economic Opportunity the Agency for Workforce |
| 23549 | Innovation may enter into or cooperate in arrangements whereby |
| 23550 | facilities and services provided under this chapter and |
| 23551 | facilities and services provided under the unemployment |
| 23552 | compensation law of any foreign government may be used for the |
| 23553 | taking of claims and the payment of benefits under the |
| 23554 | employment security law of the state or under a similar law of |
| 23555 | that government. |
| 23556 | Section 502. Section 445.002, Florida Statutes, is amended |
| 23557 | to read: |
| 23558 | 445.002 Definitions.-As used in this chapter, the term: |
| 23559 | (1) "Department" means the Department of Economic |
| 23560 | Opportunity. |
| 23561 | (1) "Agency" means the Agency for Workforce Innovation. |
| 23562 | (2) "Services and one-time payments" or "services," when |
| 23563 | used in reference to individuals who are not receiving temporary |
| 23564 | cash assistance, means nonrecurrent, short-term benefits |
| 23565 | designed to deal with a specific crisis situation or episode of |
| 23566 | need and other services; work subsidies; supportive services |
| 23567 | such as child care and transportation; services such as |
| 23568 | counseling, case management, peer support, and child care |
| 23569 | information and referral; transitional services, job retention, |
| 23570 | job advancement, and other employment-related services; |
| 23571 | nonmedical treatment for substance abuse or mental health |
| 23572 | problems; teen pregnancy prevention; two-parent family support, |
| 23573 | including noncustodial parent employment; court-ordered |
| 23574 | supervised visitation, and responsible fatherhood services; and |
| 23575 | any other services that are reasonably calculated to further the |
| 23576 | purposes of the welfare transition program. Such terms do not |
| 23577 | include assistance as defined in federal regulations at 45 |
| 23578 | C.F.R. s. 260.31(a). |
| 23579 | (3) "Welfare transition services" means those workforce |
| 23580 | services provided to current or former recipients of temporary |
| 23581 | cash assistance under chapter 414. |
| 23582 | Section 503. Paragraphs (a) and (b) of subsection (3) of |
| 23583 | section 445.003, Florida Statutes, are amended to read: |
| 23584 | 445.003 Implementation of the federal Workforce Investment |
| 23585 | Act of 1998.- |
| 23586 | (3) FUNDING.- |
| 23587 | (a) Title I, Workforce Investment Act of 1998 funds; |
| 23588 | Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended |
| 23589 | based on the 5-year plan of Workforce Florida, Inc. The plan |
| 23590 | shall outline and direct the method used to administer and |
| 23591 | coordinate various funds and programs that are operated by |
| 23592 | various agencies. The following provisions shall also apply to |
| 23593 | these funds: |
| 23594 | 1. At least 50 percent of the Title I funds for Adults and |
| 23595 | Dislocated Workers that are passed through to regional workforce |
| 23596 | boards shall be allocated to Individual Training Accounts unless |
| 23597 | a regional workforce board obtains a waiver from Workforce |
| 23598 | Florida, Inc. Tuition and fees qualify as an Individual Training |
| 23599 | Account expenditure, as do other programs developed by regional |
| 23600 | workforce boards in compliance with policies of Workforce |
| 23601 | Florida, Inc. |
| 23602 | 2. Fifteen percent of Title I funding shall be retained at |
| 23603 | the state level and shall be dedicated to state administration |
| 23604 | and used to design, develop, induce, and fund innovative |
| 23605 | Individual Training Account pilots, demonstrations, and |
| 23606 | programs. Of such funds retained at the state level, $2 million |
| 23607 | shall be reserved for the Incumbent Worker Training Program, |
| 23608 | created under subparagraph 3. Eligible state administration |
| 23609 | costs include the costs of: funding for the board and staff of |
| 23610 | Workforce Florida, Inc.; operating fiscal, compliance, and |
| 23611 | management accountability systems through Workforce Florida, |
| 23612 | Inc.; conducting evaluation and research on workforce |
| 23613 | development activities; and providing technical and capacity |
| 23614 | building assistance to regions at the direction of Workforce |
| 23615 | Florida, Inc. Notwithstanding s. 445.004, such administrative |
| 23616 | costs shall not exceed 25 percent of these funds. An amount not |
| 23617 | to exceed 75 percent of these funds shall be allocated to |
| 23618 | Individual Training Accounts and other workforce development |
| 23619 | strategies for other training designed and tailored by Workforce |
| 23620 | Florida, Inc., including, but not limited to, programs for |
| 23621 | incumbent workers, displaced homemakers, nontraditional |
| 23622 | employment, and enterprise zones. Workforce Florida, Inc., shall |
| 23623 | design, adopt, and fund Individual Training Accounts for |
| 23624 | distressed urban and rural communities. |
| 23625 | 3. The Incumbent Worker Training Program is created for |
| 23626 | the purpose of providing grant funding for continuing education |
| 23627 | and training of incumbent employees at existing Florida |
| 23628 | businesses. The program will provide reimbursement grants to |
| 23629 | businesses that pay for preapproved, direct, training-related |
| 23630 | costs. |
| 23631 | a. The Incumbent Worker Training Program shall will be |
| 23632 | administered by Workforce Florida, Inc. Workforce Florida, Inc., |
| 23633 | at its discretion, may contract with a private business |
| 23634 | organization to serve as grant administrator. |
| 23635 | b. To be eligible for the program's grant funding, a |
| 23636 | business must be have been in operation in the state Florida for |
| 23637 | at least a minimum of 1 year before prior to the application for |
| 23638 | grant funding; have at least one full-time employee; demonstrate |
| 23639 | financial viability; and be current on all state tax |
| 23640 | obligations. Priority for funding shall be given to businesses |
| 23641 | with 25 employees or fewer, businesses in rural areas, |
| 23642 | businesses in distressed inner-city areas, businesses in a |
| 23643 | qualified targeted industry, businesses whose grant proposals |
| 23644 | represent a significant upgrade in employee skills, or |
| 23645 | businesses whose grant proposals represent a significant layoff |
| 23646 | avoidance strategy. |
| 23647 | c. All costs reimbursed by the program must be preapproved |
| 23648 | by Workforce Florida, Inc., or the grant administrator. The |
| 23649 | program may will not reimburse businesses for trainee wages, the |
| 23650 | purchase of capital equipment, or the purchase of any item or |
| 23651 | service that may possibly be used outside the training project. |
| 23652 | A business approved for a grant may be reimbursed for |
| 23653 | preapproved, direct, training-related costs including tuition; |
| 23654 | fees; books and training materials; and overhead or indirect |
| 23655 | costs not to exceed 5 percent of the grant amount. |
| 23656 | d. A business that is selected to receive grant funding |
| 23657 | must provide a matching contribution to the training project, |
| 23658 | including, but not limited to, wages paid to trainees or the |
| 23659 | purchase of capital equipment used in the training project; must |
| 23660 | sign an agreement with Workforce Florida, Inc., or the grant |
| 23661 | administrator to complete the training project as proposed in |
| 23662 | the application; must keep accurate records of the project's |
| 23663 | implementation process; and must submit monthly or quarterly |
| 23664 | reimbursement requests with required documentation. |
| 23665 | e. All Incumbent Worker Training Program grant projects |
| 23666 | shall be performance-based with specific measurable performance |
| 23667 | outcomes, including completion of the training project and job |
| 23668 | retention. Workforce Florida, Inc., or the grant administrator |
| 23669 | shall withhold the final payment to the grantee until a final |
| 23670 | grant report is submitted and all performance criteria specified |
| 23671 | in the grant contract have been achieved. |
| 23672 | f. Workforce Florida, Inc., may establish guidelines |
| 23673 | necessary to implement the Incumbent Worker Training Program. |
| 23674 | g. No more than 10 percent of the Incumbent Worker |
| 23675 | Training Program's total appropriation may be used for overhead |
| 23676 | or indirect purposes. |
| 23677 | 4. At least 50 percent of Rapid Response funding shall be |
| 23678 | dedicated to Intensive Services Accounts and Individual Training |
| 23679 | Accounts for dislocated workers and incumbent workers who are at |
| 23680 | risk of dislocation. Workforce Florida, Inc., shall also |
| 23681 | maintain an Emergency Preparedness Fund from Rapid Response |
| 23682 | funds which will immediately issue Intensive Service Accounts |
| 23683 | and Individual Training Accounts as well as other federally |
| 23684 | authorized assistance to eligible victims of natural or other |
| 23685 | disasters. At the direction of the Governor, for events that |
| 23686 | qualify under federal law, these Rapid Response funds shall be |
| 23687 | released to regional workforce boards for immediate use. Funding |
| 23688 | shall also be dedicated to maintain a unit at the state level to |
| 23689 | respond to Rapid Response emergencies around the state, to work |
| 23690 | with state emergency management officials, and to work with |
| 23691 | regional workforce boards. All Rapid Response funds must be |
| 23692 | expended based on a plan developed by Workforce Florida, Inc., |
| 23693 | and approved by the Governor. |
| 23694 | (b) The administrative entity for Title I, Workforce |
| 23695 | Investment Act of 1998 funds, and Rapid Response activities, |
| 23696 | shall be the department the Agency for Workforce Innovation, |
| 23697 | which shall provide direction to regional workforce boards |
| 23698 | regarding Title I programs and Rapid Response activities |
| 23699 | pursuant to the direction of Workforce Florida, Inc. |
| 23700 | Section 504. Subsection (1), paragraph (a) of subsection |
| 23701 | (3), and paragraphs (b), (c), (d), (e), and (g) of subsection |
| 23702 | (5) of section 445.004, Florida Statutes, are amended to read: |
| 23703 | 445.004 Workforce Florida, Inc.; creation; purpose; |
| 23704 | membership; duties and powers.- |
| 23705 | (1) There is created a not-for-profit corporation, to be |
| 23706 | known as "Workforce Florida, Inc.," which shall be registered, |
| 23707 | incorporated, organized, and operated in compliance with chapter |
| 23708 | 617, and which shall not be a unit or entity of state government |
| 23709 | and shall be exempt from chapters 120 and 287. Workforce |
| 23710 | Florida, Inc., shall apply the procurement and expenditure |
| 23711 | procedures required by federal law for the expenditure of |
| 23712 | federal funds. Workforce Florida, Inc., shall be |
| 23713 | administratively housed within the department the Agency for |
| 23714 | Workforce Innovation; however, Workforce Florida, Inc., shall |
| 23715 | not be subject to control, supervision, or direction by the |
| 23716 | department the Agency for Workforce Innovation in any manner. |
| 23717 | The Legislature determines, however, that public policy dictates |
| 23718 | that Workforce Florida, Inc., operate in the most open and |
| 23719 | accessible manner consistent with its public purpose. To this |
| 23720 | end, the Legislature specifically declares that Workforce |
| 23721 | Florida, Inc., its board, councils, and any advisory committees |
| 23722 | or similar groups created by Workforce Florida, Inc., are |
| 23723 | subject to the provisions of chapter 119 relating to public |
| 23724 | records, and those provisions of chapter 286 relating to public |
| 23725 | meetings. |
| 23726 | (3)(a) Workforce Florida, Inc., shall be governed by a |
| 23727 | board of directors, the number of directors to be determined by |
| 23728 | the Governor, whose membership and appointment must be |
| 23729 | consistent with Pub. L. No. 105-220, Title I, s. 111(b), and |
| 23730 | contain one member representing the licensed nonpublic |
| 23731 | postsecondary educational institutions authorized as individual |
| 23732 | training account providers, one member from the staffing service |
| 23733 | industry, at least one member who is a current or former |
| 23734 | recipient of welfare transition services as defined in s. |
| 23735 | 445.002(3) or workforce services as provided in s. 445.009(1), |
| 23736 | and five representatives of organized labor who shall be |
| 23737 | appointed by the Governor. Members described in Pub. L. No. 105- |
| 23738 | 220, Title I, s. 111(b)(1)(C)(vi) shall be nonvoting members. |
| 23739 | The importance of minority, gender, and geographic |
| 23740 | representation shall be considered when making appointments to |
| 23741 | the board. The Governor, when in attendance, shall preside at |
| 23742 | all meetings of the board of directors. |
| 23743 | (5) Workforce Florida, Inc., shall have all the powers and |
| 23744 | authority, not explicitly prohibited by statute, necessary or |
| 23745 | convenient to carry out and effectuate the purposes as |
| 23746 | determined by statute, Pub. L. No. 105-220, and the Governor, as |
| 23747 | well as its functions, duties, and responsibilities, including, |
| 23748 | but not limited to, the following: |
| 23749 | (b) Providing oversight and policy direction to ensure |
| 23750 | that the following programs are administered by the department |
| 23751 | the Agency for Workforce Innovation in compliance with approved |
| 23752 | plans and under contract with Workforce Florida, Inc.: |
| 23753 | 1. Programs authorized under Title I of the Workforce |
| 23754 | Investment Act of 1998, Pub. L. No. 105-220, with the exception |
| 23755 | of programs funded directly by the United States Department of |
| 23756 | Labor under Title I, s. 167. |
| 23757 | 2. Programs authorized under the Wagner-Peyser Act of |
| 23758 | 1933, as amended, 29 U.S.C. ss. 49 et seq. |
| 23759 | 3. Activities authorized under Title II of the Trade Act |
| 23760 | of 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade |
| 23761 | Adjustment Assistance Program. |
| 23762 | 4. Activities authorized under 38 U.S.C., chapter 41, |
| 23763 | including job counseling, training, and placement for veterans. |
| 23764 | 5. Employment and training activities carried out under |
| 23765 | funds awarded to this state by the United States Department of |
| 23766 | Housing and Urban Development. |
| 23767 | 6. Welfare transition services funded by the Temporary |
| 23768 | Assistance for Needy Families Program, created under the |
| 23769 | Personal Responsibility and Work Opportunity Reconciliation Act |
| 23770 | of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403, |
| 23771 | of the Social Security Act, as amended. |
| 23772 | 7. Displaced homemaker programs, provided under s. 446.50. |
| 23773 | 8. The Florida Bonding Program, provided under Pub. L. No. |
| 23774 | 97-300, s. 164(a)(1). |
| 23775 | 9. The Food Assistance Employment and Training Program, |
| 23776 | provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss. |
| 23777 | 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198; |
| 23778 | and the Hunger Prevention Act, Pub. L. No. 100-435. |
| 23779 | 10. The Quick-Response Training Program, as provided under |
| 23780 | s. 288.047 ss. 288.046-288.047. Matching funds and in-kind |
| 23781 | contributions that are provided by clients of the Quick-Response |
| 23782 | Training Program shall count toward the requirements of s. |
| 23783 | 288.90151(5)(d), pertaining to the return on investment from |
| 23784 | activities of Enterprise Florida, Inc. |
| 23785 | 11. The Work Opportunity Tax Credit, provided under the |
| 23786 | Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, |
| 23787 | and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34. |
| 23788 | 12. Offender placement services, provided under ss. |
| 23789 | 944.707-944.708. |
| 23790 | (c) The department The agency may adopt rules necessary to |
| 23791 | administer the provisions of this chapter which relate to |
| 23792 | implementing and administering the programs listed in paragraph |
| 23793 | (b) as well as rules related to eligible training providers and |
| 23794 | auditing and monitoring subrecipients of the workforce system |
| 23795 | grant funds. |
| 23796 | (d) Contracting with public and private entities as |
| 23797 | necessary to further the directives of this section. All |
| 23798 | contracts executed by Workforce Florida, Inc., must include |
| 23799 | specific performance expectations and deliverables. All |
| 23800 | Workforce Florida, Inc., contracts, including those solicited, |
| 23801 | managed, or paid by the department the Agency for Workforce |
| 23802 | Innovation pursuant to s. 20.60(5)(c), 20.50(2) are exempt from |
| 23803 | s. 112.061, but shall be governed by subsection (1). |
| 23804 | (e) Notifying the Governor, the President of the Senate, |
| 23805 | and the Speaker of the House of Representatives of noncompliance |
| 23806 | by the department the Agency for Workforce Innovation or other |
| 23807 | agencies or obstruction of the board's efforts by the department |
| 23808 | or such agencies. Upon such notification, the Executive Office |
| 23809 | of the Governor shall assist the department or agencies to bring |
| 23810 | them into compliance with board objectives. |
| 23811 | (g) Establish a dispute resolution process for all |
| 23812 | memoranda of understanding or other contracts or agreements |
| 23813 | entered into between the department the agency and regional |
| 23814 | workforce boards. |
| 23815 | Section 505. Subsection (1) of section 445.007, Florida |
| 23816 | Statutes, is amended to read: |
| 23817 | 445.007 Regional workforce boards.- |
| 23818 | (1) One regional workforce board shall be appointed in |
| 23819 | each designated service delivery area and shall serve as the |
| 23820 | local workforce investment board pursuant to Pub. L. No. 105- |
| 23821 | 220. The membership of the board shall be consistent with Pub. |
| 23822 | L. No. 105-220, Title I, s. 117(b), and contain one |
| 23823 | representative from a nonpublic postsecondary educational |
| 23824 | institution that is an authorized individual training account |
| 23825 | provider within the region and confers certificates and |
| 23826 | diplomas, one representative from a nonpublic postsecondary |
| 23827 | educational institution that is an authorized individual |
| 23828 | training account provider within the region and confers degrees, |
| 23829 | and three representatives of organized labor. The board shall |
| 23830 | include one nonvoting representative from a military |
| 23831 | installation if a military installation is located within the |
| 23832 | region and the appropriate military command or organization |
| 23833 | authorizes such representation. It is the intent of the |
| 23834 | Legislature that membership of a regional workforce board |
| 23835 | include persons who are current or former recipients of welfare |
| 23836 | transition assistance as defined in s. 445.002(3) or workforce |
| 23837 | services as provided in s. 445.009(1) or that such persons be |
| 23838 | included as ex officio members of the board or of committees |
| 23839 | organized by the board. The importance of minority and gender |
| 23840 | representation shall be considered when making appointments to |
| 23841 | the board. The board, its committees, subcommittees, and |
| 23842 | subdivisions, and other units of the workforce system, including |
| 23843 | units that may consist in whole or in part of local governmental |
| 23844 | units, may use any method of telecommunications to conduct |
| 23845 | meetings, including establishing a quorum through |
| 23846 | telecommunications, provided that the public is given proper |
| 23847 | notice of the telecommunications meeting and reasonable access |
| 23848 | to observe and, when appropriate, participate. Regional |
| 23849 | workforce boards are subject to chapters 119 and 286 and s. 24, |
| 23850 | Art. I of the State Constitution. If the regional workforce |
| 23851 | board enters into a contract with an organization or individual |
| 23852 | represented on the board of directors, the contract must be |
| 23853 | approved by a two-thirds vote of the entire board, a quorum |
| 23854 | having been established, and the board member who could benefit |
| 23855 | financially from the transaction must abstain from voting on the |
| 23856 | contract. A board member must disclose any such conflict in a |
| 23857 | manner that is consistent with the procedures outlined in s. |
| 23858 | 112.3143. |
| 23859 | Section 506. Subsections (3) and (9) of section 445.009, |
| 23860 | Florida Statutes, are amended to read: |
| 23861 | 445.009 One-stop delivery system.- |
| 23862 | (3) Beginning October 1, 2000, Regional workforce boards |
| 23863 | shall enter into a memorandum of understanding with the |
| 23864 | department the Agency for Workforce Innovation for the delivery |
| 23865 | of employment services authorized by the federal Wagner-Peyser |
| 23866 | Act. This memorandum of understanding must be performance based. |
| 23867 | (a) Unless otherwise required by federal law, at least 90 |
| 23868 | percent of the Wagner-Peyser funding must go into direct |
| 23869 | customer service costs. |
| 23870 | (b) Employment services must be provided through the one- |
| 23871 | stop delivery system, under the guidance of one-stop delivery |
| 23872 | system operators. One-stop delivery system operators shall have |
| 23873 | overall authority for directing the staff of the workforce |
| 23874 | system. Personnel matters shall remain under the ultimate |
| 23875 | authority of the department the Agency for Workforce Innovation. |
| 23876 | However, the one-stop delivery system operator shall submit to |
| 23877 | the department the agency information concerning the job |
| 23878 | performance of agency employees of the department who deliver |
| 23879 | employment services. The department The agency shall consider |
| 23880 | any such information submitted by the one-stop delivery system |
| 23881 | operator in conducting performance appraisals of the employees. |
| 23882 | (c) The department The agency shall retain fiscal |
| 23883 | responsibility and accountability for the administration of |
| 23884 | funds allocated to the state under the Wagner-Peyser Act. An |
| 23885 | agency employee of the department who is providing services |
| 23886 | authorized under the Wagner-Peyser Act shall be paid using |
| 23887 | Wagner-Peyser Act funds. |
| 23888 | (9)(a) Workforce Florida, Inc., working with the |
| 23889 | department the Agency for Workforce Innovation, shall coordinate |
| 23890 | among the agencies a plan for a One-Stop Electronic Network made |
| 23891 | up of one-stop delivery system centers and other partner |
| 23892 | agencies that are operated by authorized public or private for- |
| 23893 | profit or not-for-profit agents. The plan shall identify |
| 23894 | resources within existing revenues to establish and support this |
| 23895 | electronic network for service delivery that includes Government |
| 23896 | Services Direct. If necessary, the plan shall identify |
| 23897 | additional funding needed to achieve the provisions of this |
| 23898 | subsection. |
| 23899 | (b) The network shall assure that a uniform method is used |
| 23900 | to determine eligibility for and management of services provided |
| 23901 | by agencies that conduct workforce development activities. The |
| 23902 | Department of Management Services shall develop strategies to |
| 23903 | allow access to the databases and information management systems |
| 23904 | of the following systems in order to link information in those |
| 23905 | databases with the one-stop delivery system: |
| 23906 | 1. The Unemployment Compensation Program under chapter 443 |
| 23907 | of the Agency for Workforce Innovation. |
| 23908 | 2. The public employment service described in s. 443.181. |
| 23909 | 3. The FLORIDA System and the components related to |
| 23910 | temporary cash assistance, food assistance, and Medicaid |
| 23911 | eligibility. |
| 23912 | 4. The Student Financial Assistance System of the |
| 23913 | Department of Education. |
| 23914 | 5. Enrollment in the public postsecondary education |
| 23915 | system. |
| 23916 | 6. Other information systems determined appropriate by |
| 23917 | Workforce Florida, Inc. |
| 23918 | Section 507. Subsection (5) of section 445.016, Florida |
| 23919 | Statutes, is amended to read: |
| 23920 | 445.016 Untried Worker Placement and Employment Incentive |
| 23921 | Act.- |
| 23922 | (5) Incentives must be paid according to the incentive |
| 23923 | schedule developed by Workforce Florida, Inc., the Department of |
| 23924 | Economic Opportunity the Agency for Workforce Development, and |
| 23925 | the Department of Children and Family Services which costs the |
| 23926 | state less per placement than the state's 12-month expenditure |
| 23927 | on a welfare recipient. |
| 23928 | Section 508. Subsection (1) of section 445.024, Florida |
| 23929 | Statutes, is amended to read: |
| 23930 | 445.024 Work requirements.- |
| 23931 | (1) WORK ACTIVITIES.-The Department of Economic |
| 23932 | Opportunity The Agency for Workforce Innovation may develop |
| 23933 | activities under each of the following categories of work |
| 23934 | activities. The following categories of work activities, based |
| 23935 | on federal law and regulations, may be used individually or in |
| 23936 | combination to satisfy the work requirements for a participant |
| 23937 | in the temporary cash assistance program: |
| 23938 | (a) Unsubsidized employment. |
| 23939 | (b) Subsidized private sector employment. |
| 23940 | (c) Subsidized public sector employment. |
| 23941 | (d) On-the-job training. |
| 23942 | (e) Community service programs. |
| 23943 | (f) Work experience. |
| 23944 | (g) Job search and job readiness assistance. |
| 23945 | (h) Vocational educational training. |
| 23946 | (i) Job skills training directly related to employment. |
| 23947 | (j) Education directly related to employment. |
| 23948 | (k) Satisfactory attendance at a secondary school or in a |
| 23949 | course of study leading to a graduate equivalency diploma. |
| 23950 | (l) Providing child care services. |
| 23951 | Section 509. Subsection (1) of section 445.0325, Florida |
| 23952 | Statutes, is amended to read: |
| 23953 | 445.0325 Welfare Transition Trust Fund.- |
| 23954 | (1) The Welfare Transition Trust Fund is created in the |
| 23955 | State Treasury, to be administered by the Department of Economic |
| 23956 | Opportunity the Agency for Workforce Innovation. Funds shall be |
| 23957 | credited to the trust fund to be used for the purposes of the |
| 23958 | welfare transition program set forth in ss. 445.017-445.032. |
| 23959 | Section 510. Section 445.038, Florida Statutes, is amended |
| 23960 | to read: |
| 23961 | 445.038 Digital media; job training.-Workforce Florida, |
| 23962 | Inc., through the Department of Economic Opportunity the Agency |
| 23963 | for Workforce Innovation, may use funds dedicated for Incumbent |
| 23964 | Worker Training for the digital media industry. Training may be |
| 23965 | provided by public or private training providers for broadband |
| 23966 | digital media jobs listed on the targeted occupations list |
| 23967 | developed by the Workforce Estimating Conference or Workforce |
| 23968 | Florida, Inc. Programs that operate outside the normal semester |
| 23969 | time periods and coordinate the use of industry and public |
| 23970 | resources should be given priority status for funding. |
| 23971 | Section 511. Subsection (2), paragraph (b) of subsection |
| 23972 | (4), and subsections (5) and (6) of section 445.045, Florida |
| 23973 | Statutes, are amended to read: |
| 23974 | 445.045 Development of an Internet-based system for |
| 23975 | information technology industry promotion and workforce |
| 23976 | recruitment.- |
| 23977 | (2) Workforce Florida, Inc., shall coordinate with the |
| 23978 | Agency for Enterprise Information Technology and the Department |
| 23979 | of Economic Opportunity the Agency for Workforce Innovation to |
| 23980 | ensure links, where feasible and appropriate, to existing job |
| 23981 | information websites maintained by the state and state agencies |
| 23982 | and to ensure that information technology positions offered by |
| 23983 | the state and state agencies are posted on the information |
| 23984 | technology website. |
| 23985 | (4) |
| 23986 | (b) Workforce Florida, Inc., may enter into an agreement |
| 23987 | with the Agency for Enterprise Information Technology, the |
| 23988 | Department of Economic Opportunity the Agency for Workforce |
| 23989 | Innovation, or any other public agency with the requisite |
| 23990 | information technology expertise for the provision of design, |
| 23991 | operating, or other technological services necessary to develop |
| 23992 | and maintain the website. |
| 23993 | (5) In furtherance of the requirements of this section |
| 23994 | that the website promote and market the information technology |
| 23995 | industry by communicating information on the scope of the |
| 23996 | industry in this state, Workforce Florida, Inc., shall |
| 23997 | coordinate its efforts with the high-technology industry |
| 23998 | marketing efforts of Enterprise Florida, Inc., under s. 288.911. |
| 23999 | Through links or actual content, the website developed under |
| 24000 | this section shall serve as a forum for distributing the |
| 24001 | marketing campaign developed by Enterprise Florida, Inc., under |
| 24002 | s. 288.911. In addition, Workforce Florida, Inc., shall solicit |
| 24003 | input from the not-for-profit corporation created to advocate on |
| 24004 | behalf of the information technology industry as an outgrowth of |
| 24005 | the Information Service Technology Development Task Force |
| 24006 | created under chapter 99-354, Laws of Florida. |
| 24007 | (6) In fulfilling its responsibilities under this section, |
| 24008 | Workforce Florida, Inc., may enlist the assistance of and act |
| 24009 | through the department Agency for Workforce Innovation. The |
| 24010 | department The agency is authorized and directed to provide the |
| 24011 | services that Workforce Florida, Inc., and the department the |
| 24012 | agency consider necessary to implement this section. |
| 24013 | Section 512. Subsection (1), paragraph (b) of subsection |
| 24014 | (4), and subsection (5) of section 445.048, Florida Statutes, |
| 24015 | are amended to read: |
| 24016 | 445.048 Passport to Economic Progress program.- |
| 24017 | (1) AUTHORIZATION.-Notwithstanding any law to the |
| 24018 | contrary, Workforce Florida, Inc., in conjunction with the |
| 24019 | Department of Children and Family Services and the Department of |
| 24020 | Economic Opportunity the Agency for Workforce Innovation, shall |
| 24021 | implement a Passport to Economic Progress program consistent |
| 24022 | with the provisions of this section. Workforce Florida, Inc., |
| 24023 | may designate regional workforce boards to participate in the |
| 24024 | program. Expenses for the program may come from appropriated |
| 24025 | revenues or from funds otherwise available to a regional |
| 24026 | workforce board which may be legally used for such purposes. |
| 24027 | Workforce Florida, Inc., must consult with the applicable |
| 24028 | regional workforce boards and the applicable local offices of |
| 24029 | the Department of Children and Family Services which serve the |
| 24030 | program areas and must encourage community input into the |
| 24031 | implementation process. |
| 24032 | (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.- |
| 24033 | (b) Workforce Florida, Inc., in cooperation with the |
| 24034 | Department of Children and Family Services and the Department of |
| 24035 | Economic Opportunity the Agency for Workforce Innovation, shall |
| 24036 | offer performance-based incentive bonuses as a component of the |
| 24037 | Passport to Economic Progress program. The bonuses do not |
| 24038 | represent a program entitlement and shall be contingent on |
| 24039 | achieving specific benchmarks prescribed in the self-sufficiency |
| 24040 | plan. If the funds appropriated for this purpose are |
| 24041 | insufficient to provide this financial incentive, the board of |
| 24042 | directors of Workforce Florida, Inc., may reduce or suspend the |
| 24043 | bonuses in order not to exceed the appropriation or may direct |
| 24044 | the regional boards to use resources otherwise given to the |
| 24045 | regional workforce to pay such bonuses if such payments comply |
| 24046 | with applicable state and federal laws. |
| 24047 | (5) EVALUATIONS AND RECOMMENDATIONS.-Workforce Florida, |
| 24048 | Inc., in conjunction with the Department of Children and Family |
| 24049 | Services, the Department of Economic Opportunity the Agency for |
| 24050 | Workforce Innovation, and the regional workforce boards, shall |
| 24051 | conduct a comprehensive evaluation of the effectiveness of the |
| 24052 | program operated under this section. Evaluations and |
| 24053 | recommendations for the program shall be submitted by Workforce |
| 24054 | Florida, Inc., as part of its annual report to the Legislature. |
| 24055 | Section 513. Subsection (2) of section 445.049, Florida |
| 24056 | Statutes, is amended to read: |
| 24057 | 445.049 Digital Divide Council.- |
| 24058 | (2) DIGITAL DIVIDE COUNCIL.-The Digital Divide Council is |
| 24059 | created in the Department of Education. The council shall |
| 24060 | consist of: |
| 24061 | (a) A representative from the information technology |
| 24062 | industry in this state appointed by the Governor. |
| 24063 | (b) The Commissioner of Economic Opportunity, or his or |
| 24064 | her designee The director of the Office of Tourism, Trade, and |
| 24065 | Economic Development in the Executive Office of the Governor. |
| 24066 | (c) The president of Workforce Florida, Inc. |
| 24067 | (d) The director of the Agency for Workforce Innovation. |
| 24068 | (d)(e) The chair of itflorida.com, Inc. |
| 24069 | (e)(f) The Commissioner of Education. |
| 24070 | (f)(g) A representative of the information technology |
| 24071 | industry in this state appointed by the Speaker of the House of |
| 24072 | Representatives. |
| 24073 | (g)(h) A representative of the information technology |
| 24074 | industry in this state appointed by the President of the Senate. |
| 24075 | (h)(i) Two members of the House of Representatives, who |
| 24076 | shall serve be ex officio as, nonvoting members of the council, |
| 24077 | appointed by the Speaker of the House of Representatives, one of |
| 24078 | whom shall be a member of the Republican Caucus and the other of |
| 24079 | whom shall be a member of the Democratic Caucus. |
| 24080 | (i)(j) Two members of the Senate, who shall serve be ex |
| 24081 | officio as, nonvoting members of the council, appointed by the |
| 24082 | President of the Senate, one of whom shall be a member of the |
| 24083 | Republican Caucus and the other of whom shall be a member of the |
| 24084 | Democratic Caucus. |
| 24085 | Section 514. Subsection (13) of section 445.051, Florida |
| 24086 | Statutes, is amended to read: |
| 24087 | 445.051 Individual development accounts.- |
| 24088 | (13) Pursuant to policy direction by Workforce Florida, |
| 24089 | Inc., the Department of Economic Opportunity the Agency for |
| 24090 | Workforce Innovation shall adopt such rules as are necessary to |
| 24091 | implement this act. |
| 24092 | Section 515. Section 446.41, Florida Statutes, is amended |
| 24093 | to read: |
| 24094 | 446.41 Legislative intent with respect to rural workforce |
| 24095 | training and development; establishment of Rural Workforce |
| 24096 | Services Program.-In order that the state may achieve its full |
| 24097 | economic and social potential, consideration must be given to |
| 24098 | rural workforce training and development to enable its rural |
| 24099 | citizens as well as urban citizens to develop their maximum |
| 24100 | capacities and participate productively in our society. It is, |
| 24101 | therefore, the policy of the state to make available those |
| 24102 | services needed to assist individuals and communities in rural |
| 24103 | areas to improve their quality of life. It is with a great sense |
| 24104 | of urgency that a Rural Workforce Services Program is |
| 24105 | established within the Department of Economic Opportunity the |
| 24106 | Agency for Workforce Innovation, under the direction of |
| 24107 | Workforce Florida, Inc., to provide equal access to all manpower |
| 24108 | training programs available to rural as well as urban areas. |
| 24109 | Section 516. Paragraph (b) of subsection (5) of section |
| 24110 | 446.44, Florida Statutes, is amended to read: |
| 24111 | 446.44 Duties of Rural Workforce Services Program.-It |
| 24112 | shall be the direct responsibility of the Rural Workforce |
| 24113 | Services Program to promote and deliver employment and workforce |
| 24114 | services and resources to the rural undeveloped and |
| 24115 | underdeveloped counties of the state in an effort to: |
| 24116 | (5) Develop rural workforce programs that will be |
| 24117 | evaluated, planned, and implemented through communications and |
| 24118 | planning with appropriate: |
| 24119 | (b) Divisions Units of Enterprise Florida, Inc. |
| 24120 | Section 517. Section 446.50, Florida Statutes, is amended |
| 24121 | to read: |
| 24122 | 446.50 Displaced homemakers; multiservice programs; report |
| 24123 | to the Legislature; Displaced Homemaker Trust Fund created.- |
| 24124 | (1) INTENT.-It is the intent of the Legislature to require |
| 24125 | the Department of Economic Opportunity the Agency for Workforce |
| 24126 | Innovation to enter into contracts with, and make grants to, |
| 24127 | public and nonprofit private entities for purposes of |
| 24128 | establishing multipurpose service programs to provide necessary |
| 24129 | training, counseling, and services for displaced homemakers so |
| 24130 | that they may enjoy the independence and economic security vital |
| 24131 | to a productive life. |
| 24132 | (2) DEFINITIONS.-For the purposes of this section, the |
| 24133 | term: |
| 24134 | (a) "Displaced homemaker" means an individual who: |
| 24135 | 1. Is 35 years of age or older; |
| 24136 | 2. Has worked in the home, providing unpaid household |
| 24137 | services for family members; |
| 24138 | 3. Is not adequately employed, as defined by rule of the |
| 24139 | agency; |
| 24140 | 4. Has had, or would have, difficulty in securing adequate |
| 24141 | employment; and |
| 24142 | 5. Has been dependent on the income of another family |
| 24143 | member but is no longer supported by such income, or has been |
| 24144 | dependent on federal assistance. |
| 24145 | (b) "Department" means the Department of Economic |
| 24146 | Opportunity. |
| 24147 | (b) "Agency" means the Agency for Workforce Innovation. |
| 24148 | (3) AGENCY POWERS AND DUTIES OF THE DEPARTMENT OF ECONOMIC |
| 24149 | OPPORTUNITY.- |
| 24150 | (a) The department The agency, under plans established by |
| 24151 | Workforce Florida, Inc., shall establish, or contract for the |
| 24152 | establishment of, programs for displaced homemakers which shall |
| 24153 | include: |
| 24154 | 1. Job counseling, by professionals and peers, |
| 24155 | specifically designed for a person entering the job market after |
| 24156 | a number of years as a homemaker. |
| 24157 | 2. Job training and placement services, including: |
| 24158 | a. Training programs for available jobs in the public and |
| 24159 | private sectors, taking into account the skills and job |
| 24160 | experiences of a homemaker and developed by working with public |
| 24161 | and private employers. |
| 24162 | b. Assistance in locating available employment for |
| 24163 | displaced homemakers, some of whom could be employed in existing |
| 24164 | job training and placement programs. |
| 24165 | c. Utilization of the services of the state employment |
| 24166 | service in locating employment opportunities. |
| 24167 | 3. Financial management services providing information and |
| 24168 | assistance with respect to insurance, including, but not limited |
| 24169 | to, life, health, home, and automobile insurance, and taxes, |
| 24170 | estate and probate problems, mortgages, loans, and other related |
| 24171 | financial matters. |
| 24172 | 4. Educational services, including high school equivalency |
| 24173 | degree and such other courses as the department the agency |
| 24174 | determines would be of interest and benefit to displaced |
| 24175 | homemakers. |
| 24176 | 5. Outreach and information services with respect to |
| 24177 | federal and state employment, education, health, and |
| 24178 | unemployment assistance programs which the department the agency |
| 24179 | determines would be of interest and benefit to displaced |
| 24180 | homemakers. |
| 24181 | (b)1. The department The agency shall enter into contracts |
| 24182 | with, and make grants to, public and nonprofit private entities |
| 24183 | for purposes of establishing multipurpose service programs for |
| 24184 | displaced homemakers under this section. Such grants and |
| 24185 | contracts shall be awarded pursuant to chapter 287 and based on |
| 24186 | criteria established in the state plan developed pursuant to |
| 24187 | this section. The department The agency shall designate |
| 24188 | catchment areas which together shall comprise the entire state, |
| 24189 | and, to the extent possible from revenues in the Displaced |
| 24190 | Homemaker Trust Fund, the department the agency shall contract |
| 24191 | with, and make grants to, entities which will serve entire |
| 24192 | catchment areas so that displaced homemaker service programs are |
| 24193 | available statewide. These catchment areas shall be coterminous |
| 24194 | with the state's workforce development regions. The department |
| 24195 | The agency may give priority to existing displaced homemaker |
| 24196 | programs when evaluating bid responses to the agency's request |
| 24197 | for proposals. |
| 24198 | 2. In order to receive funds under this section, and |
| 24199 | unless specifically prohibited by law from doing so, an entity |
| 24200 | that provides displaced homemaker service programs must receive |
| 24201 | at least 25 percent of its funding from one or more local, |
| 24202 | municipal, or county sources or nonprofit private sources. In- |
| 24203 | kind contributions may be evaluated by the department the agency |
| 24204 | and counted as part of the required local funding. |
| 24205 | 3. The department The agency shall require an entity that |
| 24206 | receives funds under this section to maintain appropriate data |
| 24207 | to be compiled in an annual report to the department the agency. |
| 24208 | Such data shall include, but shall not be limited to, the number |
| 24209 | of clients served, the units of services provided, designated |
| 24210 | client-specific information including intake and outcome |
| 24211 | information specific to each client, costs associated with |
| 24212 | specific services and program administration, total program |
| 24213 | revenues by source and other appropriate financial data, and |
| 24214 | client followup information at specified intervals after the |
| 24215 | placement of a displaced homemaker in a job. |
| 24216 | (c) The department The agency shall consult and cooperate |
| 24217 | with the Commissioner of Education, the United States |
| 24218 | Commissioner of the Social Security Administration, and such |
| 24219 | other persons in the executive branch of the state government as |
| 24220 | the department the agency considers appropriate to facilitate |
| 24221 | the coordination of multipurpose service programs established |
| 24222 | under this section with existing programs of a similar nature. |
| 24223 | (d) Supervisory, technical, and administrative positions |
| 24224 | relating to programs established under this section shall, to |
| 24225 | the maximum extent practicable, be filled by displaced |
| 24226 | homemakers. |
| 24227 | (e) The department The agency shall adopt rules |
| 24228 | establishing minimum standards necessary for entities that |
| 24229 | provide displaced homemaker service programs to receive funds |
| 24230 | from the agency and any other rules necessary to administer this |
| 24231 | section. |
| 24232 | (4) STATE PLAN.- |
| 24233 | (a) The department The Agency for Workforce Innovation |
| 24234 | shall develop a 3-year state plan for the displaced homemaker |
| 24235 | program which shall be updated annually. The plan must address, |
| 24236 | at a minimum, the need for programs specifically designed to |
| 24237 | serve displaced homemakers, any necessary service components for |
| 24238 | such programs in addition to those enumerated in this section, |
| 24239 | goals of the displaced homemaker program with an analysis of the |
| 24240 | extent to which those goals are being met, and recommendations |
| 24241 | for ways to address any unmet program goals. Any request for |
| 24242 | funds for program expansion must be based on the state plan. |
| 24243 | (b) Each annual update must address any changes in the |
| 24244 | components of the 3-year state plan and a report which must |
| 24245 | include, but need not be limited to, the following: |
| 24246 | 1. The scope of the incidence of displaced homemakers; |
| 24247 | 2. A compilation and report, by program, of data submitted |
| 24248 | to the department the agency pursuant to subparagraph 3. by |
| 24249 | funded displaced homemaker service programs; |
| 24250 | 3. An identification and description of the programs in |
| 24251 | the state that receive funding from the department the agency, |
| 24252 | including funding information; and |
| 24253 | 4. An assessment of the effectiveness of each displaced |
| 24254 | homemaker service program based on outcome criteria established |
| 24255 | by rule of the department the agency. |
| 24256 | (c) The 3-year state plan must be submitted to the |
| 24257 | President of the Senate, the Speaker of the House of |
| 24258 | Representatives, and the Governor on or before January 1, 2001, |
| 24259 | and annual updates of the plan must be submitted by January 1 of |
| 24260 | each subsequent year. |
| 24261 | (5) DISPLACED HOMEMAKER TRUST FUND.- |
| 24262 | (a) There is established within the State Treasury a |
| 24263 | Displaced Homemaker Trust Fund to be used by the department the |
| 24264 | agency for its administration of the displaced homemaker program |
| 24265 | and to fund displaced homemaker service programs according to |
| 24266 | criteria established under this section. |
| 24267 | (b) The trust fund shall receive funds generated from an |
| 24268 | additional fee on marriage license applications and dissolution |
| 24269 | of marriage filings as specified in ss. 741.01(3) and 28.101, |
| 24270 | respectively, and may receive funds from any other public or |
| 24271 | private source. |
| 24272 | (c) Funds that are not expended by the department the |
| 24273 | agency at the end of the budget cycle or through a supplemental |
| 24274 | budget approved by the department the agency shall revert to the |
| 24275 | trust fund. |
| 24276 | Section 518. Section 446.52, Florida Statutes, is amended |
| 24277 | to read: |
| 24278 | 446.52 Confidentiality of information.-Information about |
| 24279 | displaced homemakers who receive services under ss. 446.50 and |
| 24280 | 446.51 which is received through files, reports, inspections, or |
| 24281 | otherwise, by the Department of Economic Opportunity the |
| 24282 | division or by its authorized employees of the division, by |
| 24283 | persons who volunteer services, or by persons who provide |
| 24284 | services to displaced homemakers under ss. 446.50 and 446.51 |
| 24285 | through contracts with the department division is confidential |
| 24286 | and exempt from the provisions of s. 119.07(1). Such information |
| 24287 | may not be disclosed publicly in such a manner as to identify a |
| 24288 | displaced homemaker, unless such person or the person's legal |
| 24289 | guardian provides written consent. |
| 24290 | Section 519. Paragraph (a) of subsection (3) of section |
| 24291 | 448.109, Florida Statutes, is amended to read: |
| 24292 | 448.109 Notification of the state minimum wage.- |
| 24293 | (3)(a) Each year the Department of Economic Opportunity |
| 24294 | Agency for Workforce Innovation shall, on or before December 1, |
| 24295 | create and make available to employers a poster in English and |
| 24296 | in Spanish which reads substantially as follows: |
| 24297 |
|
| 24298 | NOTICE TO EMPLOYEES |
| 24299 |
|
| 24300 | The Florida minimum wage is $ ...(amount)... per hour, with a |
| 24301 | minimum wage of at least $ ...(amount)... per hour for tipped |
| 24302 | employees, in addition to tips, for January 1, ...(year)..., |
| 24303 | through December 31, ...(year).... |
| 24304 |
|
| 24305 | The rate of the minimum wage is recalculated yearly on September |
| 24306 | 30, based on the Consumer Price Index. Every year on January 1 |
| 24307 | the new Florida minimum wage takes effect. |
| 24308 |
|
| 24309 | An employer may not retaliate against an employee for exercising |
| 24310 | his or her right to receive the minimum wage. Rights protected |
| 24311 | by the State Constitution include the right to: |
| 24312 | 1. File a complaint about an employer's alleged |
| 24313 | noncompliance with lawful minimum wage requirements. |
| 24314 | 2. Inform any person about an employer's alleged |
| 24315 | noncompliance with lawful minimum wage requirements. |
| 24316 | 3. Inform any person of his or her potential rights under |
| 24317 | Section 24, Article X of the State Constitution and to assist |
| 24318 | him or her in asserting such rights. |
| 24319 |
|
| 24320 | An employee who has not received the lawful minimum wage after |
| 24321 | notifying his or her employer and giving the employer 15 days to |
| 24322 | resolve any claims for unpaid wages may bring a civil action in |
| 24323 | a court of law against an employer to recover back wages plus |
| 24324 | damages and attorney's fees. |
| 24325 |
|
| 24326 | An employer found liable for intentionally violating minimum |
| 24327 | wage requirements is subject to a fine of $1,000 per violation, |
| 24328 | payable to the state. |
| 24329 |
|
| 24330 | The Attorney General or other official designated by the |
| 24331 | Legislature may bring a civil action to enforce the minimum |
| 24332 | wage. |
| 24333 |
|
| 24334 | For details see Section 24, Article X of the State Constitution. |
| 24335 | Section 520. Subsections (2), (4), and (11) of section |
| 24336 | 448.110, Florida Statutes, are amended to read: |
| 24337 | 448.110 State minimum wage; annual wage adjustment; |
| 24338 | enforcement.- |
| 24339 | (2) The purpose of this section is to provide measures |
| 24340 | appropriate for the implementation of s. 24, Art. X of the State |
| 24341 | Constitution, in accordance with authority granted to the |
| 24342 | Legislature pursuant to s. 24(f), Art. X of the State |
| 24343 | Constitution. To implement s. 24, Art. X of the State |
| 24344 | Constitution, the Department of Economic Opportunity is |
| 24345 | designated as the state Agency for Workforce Innovation. |
| 24346 | (4)(a) Beginning September 30, 2005, and annually on |
| 24347 | September 30 thereafter, the Department of Economic Opportunity |
| 24348 | the Agency for Workforce Innovation shall calculate an adjusted |
| 24349 | state minimum wage rate by increasing the state minimum wage by |
| 24350 | the rate of inflation for the 12 months prior to September 1. In |
| 24351 | calculating the adjusted state minimum wage, the Department of |
| 24352 | Economic Opportunity the agency shall use the Consumer Price |
| 24353 | Index for Urban Wage Earners and Clerical Workers, not |
| 24354 | seasonally adjusted, for the South Region or a successor index |
| 24355 | as calculated by the United States Department of Labor. Each |
| 24356 | adjusted state minimum wage rate shall take effect on the |
| 24357 | following January 1, with the initial adjusted minimum wage rate |
| 24358 | to take effect on January 1, 2006. |
| 24359 | (b) The Agency for Workforce Innovation and the Department |
| 24360 | of Revenue and the Department of Economic Opportunity shall |
| 24361 | annually publish the amount of the adjusted state minimum wage |
| 24362 | and the effective date. Publication shall occur by posting the |
| 24363 | adjusted state minimum wage rate and the effective date on the |
| 24364 | Internet home pages of the Department of Economic Opportunity |
| 24365 | the agency and the Department of Revenue by October 15 of each |
| 24366 | year. In addition, to the extent funded in the General |
| 24367 | Appropriations Act, the Department of Economic Opportunity the |
| 24368 | agency shall provide written notice of the adjusted rate and the |
| 24369 | effective date of the adjusted state minimum wage to all |
| 24370 | employers registered in the most current unemployment |
| 24371 | compensation database. Such notice shall be mailed by November |
| 24372 | 15 of each year using the addresses included in the database. |
| 24373 | Employers are responsible for maintaining current address |
| 24374 | information in the unemployment compensation database. The |
| 24375 | Department of Economic Opportunity is The agency shall not be |
| 24376 | responsible for failure to provide notice due to incorrect or |
| 24377 | incomplete address information in the database. The Department |
| 24378 | of Economic Opportunity The agency shall provide the Department |
| 24379 | of Revenue with the adjusted state minimum wage rate information |
| 24380 | and effective date in a timely manner. |
| 24381 | (11) Except for calculating the adjusted state minimum |
| 24382 | wage and publishing the initial state minimum wage and any |
| 24383 | annual adjustments thereto, the authority of the Department of |
| 24384 | Economic Opportunity the Agency for Workforce Innovation in |
| 24385 | implementing s. 24, Art. X of the State Constitution, pursuant |
| 24386 | to this section, shall be limited to that authority expressly |
| 24387 | granted by the Legislature. |
| 24388 | Section 521. Section 450.161, Florida Statutes, is amended |
| 24389 | to read: |
| 24390 | 450.161 Chapter not to affect career education of |
| 24391 | children; other exceptions.-Nothing in this chapter shall |
| 24392 | prevent minors of any age from receiving career education |
| 24393 | furnished by the United States, this state, or any county or |
| 24394 | other political subdivision of this state and duly approved by |
| 24395 | the Department of Education or other duly constituted authority, |
| 24396 | nor any apprentice indentured under a plan approved by the |
| 24397 | Department of Economic Opportunity Division of Jobs and |
| 24398 | Benefits, or prevent the employment of any minor 14 years of age |
| 24399 | or older when such employment is authorized as an integral part |
| 24400 | of, or supplement to, such a course in career education and is |
| 24401 | authorized by regulations of the district school board of the |
| 24402 | district in which such minor is employed, provided the |
| 24403 | employment is in compliance with the provisions of ss. |
| 24404 | 450.021(4) and 450.061. Exemptions for the employment of student |
| 24405 | learners 16 to 18 years of age are provided in s. 450.061. Such |
| 24406 | an exemption shall apply when: |
| 24407 | (1) The student learner is enrolled in a youth vocational |
| 24408 | training program under a recognized state or local educational |
| 24409 | authority. |
| 24410 | (2) Such student learner is employed under a written |
| 24411 | agreement which provides: |
| 24412 | (a) That the work of the student learner in the occupation |
| 24413 | declared particularly hazardous shall be incidental to the |
| 24414 | training. |
| 24415 | (b) That such work shall be intermittent and for short |
| 24416 | periods of time and under the direct and close supervision of a |
| 24417 | qualified and experienced person. |
| 24418 | (c) That safety instructions shall be given by the school |
| 24419 | and correlated by the employer with on-the-job training. |
| 24420 | (d) That a schedule of organized and progressive work |
| 24421 | processes to be performed on the job shall have been prepared. |
| 24422 |
|
| 24423 | Each such written agreement shall contain the name of the |
| 24424 | student learner and shall be signed by the employer, the school |
| 24425 | coordinator and principal, and the parent or legal guardian. |
| 24426 | Copies of each agreement shall be kept on file by both the |
| 24427 | school and the employer. This exemption for the employment of |
| 24428 | student learners may be revoked in any individual situation when |
| 24429 | it is found that reasonable precautions have not been observed |
| 24430 | for the safety of minors employed thereunder. A high school |
| 24431 | graduate may be employed in an occupation in which he or she has |
| 24432 | completed training as a student learner, as provided in this |
| 24433 | section, even though he or she is not yet 18 years of age. |
| 24434 | Section 522. Paragraph (j) of subsection (1) of section |
| 24435 | 450.191, Florida Statutes, is amended to read: |
| 24436 | 450.191 Executive Office of the Governor; powers and |
| 24437 | duties.- |
| 24438 | (1) The Executive Office of the Governor is authorized and |
| 24439 | directed to: |
| 24440 | (j) Cooperate with the Department of Economic Opportunity |
| 24441 | the Agency for Workforce Innovation in the recruitment and |
| 24442 | referral of migrant laborers and other persons for the planting, |
| 24443 | cultivation, and harvesting of agricultural crops in Florida. |
| 24444 | Section 523. Paragraph (e) of subsection (2) of section |
| 24445 | 450.31, Florida Statutes, is amended to read: |
| 24446 | 450.31 Issuance, revocation, and suspension of, and |
| 24447 | refusal to issue or renew, certificate of registration.- |
| 24448 | (2) The department may revoke, suspend, or refuse to issue |
| 24449 | or renew any certificate of registration when it is shown that |
| 24450 | the farm labor contractor has: |
| 24451 | (e) Failed to pay unemployment compensation taxes as |
| 24452 | determined by the Department of Economic Opportunity the Agency |
| 24453 | for Workforce Innovation; or |
| 24454 | Section 524. Paragraph (d) of subsection (1) of section |
| 24455 | 464.203, Florida Statutes, is amended to read: |
| 24456 | 464.203 Certified nursing assistants; certification |
| 24457 | requirement.- |
| 24458 | (1) The board shall issue a certificate to practice as a |
| 24459 | certified nursing assistant to any person who demonstrates a |
| 24460 | minimum competency to read and write and successfully passes the |
| 24461 | required background screening pursuant to s. 400.215 and meets |
| 24462 | one of the following requirements: |
| 24463 | (d) Has completed the curriculum developed under the |
| 24464 | Enterprise Florida Jobs and Education Partnership Grant and |
| 24465 | achieved a minimum score, established by rule of the board, on |
| 24466 | the nursing assistant competency examination, which consists of |
| 24467 | a written portion and skills-demonstration portion, approved by |
| 24468 | the board and administered at a site and by personnel approved |
| 24469 | by the department. |
| 24470 | Section 525. Subsection (3) of section 468.529, Florida |
| 24471 | Statutes, is amended to read: |
| 24472 | 468.529 Licensee's insurance; employment tax; benefit |
| 24473 | plans.- |
| 24474 | (3) A licensed employee leasing company shall within 30 |
| 24475 | days after initiation or termination notify its workers' |
| 24476 | compensation insurance carrier, the Division of Workers' |
| 24477 | Compensation of the Department of Financial Services, and the |
| 24478 | Department of Revenue as the state agency providing unemployment |
| 24479 | tax collection services under an interagency agreement contract |
| 24480 | with the Department of Economic Opportunity the Agency for |
| 24481 | Workforce Innovation through an interagency agreement pursuant |
| 24482 | to s. 443.1316 of both the initiation or the termination of the |
| 24483 | company's relationship with any client company. |
| 24484 | Section 526. Paragraph (b) of subsection (1) of section |
| 24485 | 489.1455, Florida Statutes, is amended to read: |
| 24486 | 489.1455 Journeyman; reciprocity; standards.- |
| 24487 | (1) An individual who holds a valid, active journeyman |
| 24488 | license in the plumbing/pipe fitting, mechanical, or HVAC trades |
| 24489 | issued by any county or municipality in this state may work as a |
| 24490 | journeyman in the trade in which he or she is licensed in any |
| 24491 | county or municipality of this state without taking an |
| 24492 | additional examination or paying an additional license fee, if |
| 24493 | he or she: |
| 24494 | (b) Has completed an apprenticeship program registered |
| 24495 | with the Department of Economic Opportunity Department of Labor |
| 24496 | and Employment Security and demonstrates 4 years' verifiable |
| 24497 | practical experience in the trade for which he or she is |
| 24498 | licensed, or demonstrates 6 years' verifiable practical |
| 24499 | experience in the trade for which he or she is licensed; |
| 24500 | Section 527. Paragraph (b) of subsection (1) of section |
| 24501 | 489.5335, Florida Statutes, is amended to read: |
| 24502 | 489.5335 Journeyman; reciprocity; standards.- |
| 24503 | (1) An individual who holds a valid, active journeyman |
| 24504 | license in the electrical trade issued by any county or |
| 24505 | municipality in this state may work as a journeyman in any other |
| 24506 | county or municipality of this state without taking an |
| 24507 | additional examination or paying an additional license fee, if |
| 24508 | he or she: |
| 24509 | (b) Has completed an apprenticeship program registered |
| 24510 | with the Department of Economic Opportunity Department of Labor |
| 24511 | and Employment Security and demonstrates 4 years' verifiable |
| 24512 | practical experience in the electrical trade, or demonstrates 6 |
| 24513 | years' verifiable practical experience in the electrical trade; |
| 24514 | Section 528. Paragraph (i) of subsection (4) of section |
| 24515 | 551.104, Florida Statutes, is amended to read: |
| 24516 | 551.104 License to conduct slot machine gaming.- |
| 24517 | (4) As a condition of licensure and to maintain continued |
| 24518 | authority for the conduct of slot machine gaming, the slot |
| 24519 | machine licensee shall: |
| 24520 | (i) Create and file with the division a written policy |
| 24521 | for: |
| 24522 | 1. Creating opportunities to purchase from vendors in this |
| 24523 | state, including minority vendors. |
| 24524 | 2. Creating opportunities for employment of residents of |
| 24525 | this state, including minority residents. |
| 24526 | 3. Ensuring opportunities for construction services from |
| 24527 | minority contractors. |
| 24528 | 4. Ensuring that opportunities for employment are offered |
| 24529 | on an equal, nondiscriminatory basis. |
| 24530 | 5. Training for employees on responsible gaming and |
| 24531 | working with a compulsive or addictive gambling prevention |
| 24532 | program to further its purposes as provided for in s. 551.118. |
| 24533 | 6. The implementation of a drug-testing program that |
| 24534 | includes, but is not limited to, requiring each employee to sign |
| 24535 | an agreement that he or she understands that the slot machine |
| 24536 | facility is a drug-free workplace. |
| 24537 |
|
| 24538 | The slot machine licensee shall use the Internet-based job- |
| 24539 | listing system of the Department of Economic Opportunity the |
| 24540 | Agency for Workforce Innovation in advertising employment |
| 24541 | opportunities. Beginning in June 2007, each slot machine |
| 24542 | licensee shall provide an annual report to the division |
| 24543 | containing information indicating compliance with this paragraph |
| 24544 | in regard to minority persons. |
| 24545 | Section 529. Section 553.62, Florida Statutes, is amended |
| 24546 | to read: |
| 24547 | 553.62 State standard.-The Occupational Safety and Health |
| 24548 | Administration's excavation safety standards, 29 C.F.R. s. |
| 24549 | 1926.650 Subpart P, are hereby incorporated as the state |
| 24550 | standard. The Department of Labor and Employment Security may, |
| 24551 | by rule, adopt updated or revised versions of those standards, |
| 24552 | provided that the updated or revised versions are consistent |
| 24553 | with the intent expressed in this act and s. 553.72, and are not |
| 24554 | otherwise inconsistent with state law. Any rule adopted as |
| 24555 | provided in this section shall be complied with upon its |
| 24556 | effective date. |
| 24557 | Section 530. Section 944.708, Florida Statutes, is amended |
| 24558 | to read: |
| 24559 | 944.708 Rules.-The Department of Corrections and the |
| 24560 | Agency for Workforce Innovation shall adopt rules to implement |
| 24561 | the provisions of ss. 944.701-944.707. |
| 24562 | Section 531. Paragraph (h) of subsection (3) of section |
| 24563 | 944.801, Florida Statutes, is amended to read: |
| 24564 | 944.801 Education for state prisoners.- |
| 24565 | (3) The responsibilities of the Correctional Education |
| 24566 | Program shall be to: |
| 24567 | (h) Develop a written procedure for selecting programs to |
| 24568 | add to or delete from the vocational curriculum. The procedure |
| 24569 | shall include labor market analyses which demonstrate the |
| 24570 | projected demand for certain occupations and the projected |
| 24571 | supply of potential employees. In conducting these analyses, the |
| 24572 | department shall evaluate the feasibility of adding vocational |
| 24573 | education programs which have been identified by the Department |
| 24574 | of Economic Opportunity, the Department of Education, the Agency |
| 24575 | for Workforce Innovation or a regional coordinating council as |
| 24576 | being in undersupply in this state. The department shall |
| 24577 | periodically reevaluate the vocational education programs in |
| 24578 | major institutions to determine which of the programs support |
| 24579 | and provide relevant skills to inmates who could be assigned to |
| 24580 | a correctional work program that is operated as a Prison |
| 24581 | Industry Enhancement Program. |
| 24582 | Section 532. Paragraph (d) of subsection (3) of section |
| 24583 | 945.10, Florida Statutes, is amended to read: |
| 24584 | 945.10 Confidential information.- |
| 24585 | (3) Due to substantial concerns regarding institutional |
| 24586 | security and unreasonable and excessive demands on personnel and |
| 24587 | resources if an inmate or an offender has unlimited or routine |
| 24588 | access to records of the Department of Corrections, an inmate or |
| 24589 | an offender who is under the jurisdiction of the department may |
| 24590 | not have unrestricted access to the department's records or to |
| 24591 | information contained in the department's records. However, |
| 24592 | except as to another inmate's or offender's records, the |
| 24593 | department may permit limited access to its records if an inmate |
| 24594 | or an offender makes a written request and demonstrates an |
| 24595 | exceptional need for information contained in the department's |
| 24596 | records and the information is otherwise unavailable. |
| 24597 | Exceptional circumstances include, but are not limited to: |
| 24598 | (d) The requested records contain information required to |
| 24599 | process an application or claim by the inmate or offender with |
| 24600 | the Internal Revenue Service, the Social Security |
| 24601 | Administration, the Department of Economic Opportunity the |
| 24602 | Agency for Workforce Innovation, or any other similar |
| 24603 | application or claim with a state agency or federal agency. |
| 24604 | Section 533. Subsection (4) of section 985.601, Florida |
| 24605 | Statutes, is amended to read: |
| 24606 | 985.601 Administering the juvenile justice continuum.- |
| 24607 | (4) The department shall maintain continuing cooperation |
| 24608 | with the Department of Education, the Department of Children and |
| 24609 | Family Services, the Department of Economic Opportunity the |
| 24610 | Agency for Workforce Innovation, and the Department of |
| 24611 | Corrections for the purpose of participating in agreements with |
| 24612 | respect to dropout prevention and the reduction of suspensions, |
| 24613 | expulsions, and truancy; increased access to and participation |
| 24614 | in GED, vocational, and alternative education programs; and |
| 24615 | employment training and placement assistance. The cooperative |
| 24616 | agreements between the departments shall include an |
| 24617 | interdepartmental plan to cooperate in accomplishing the |
| 24618 | reduction of inappropriate transfers of children into the adult |
| 24619 | criminal justice and correctional systems. |
| 24620 | Section 534. Subsections (1) and (2) of section 1002.375, |
| 24621 | Florida Statutes, are amended to read: |
| 24622 | 1002.375 Alternative credit for high school courses; pilot |
| 24623 | project.- |
| 24624 | (1) The Commissioner of Education shall implement a pilot |
| 24625 | project in up to three school districts beginning in the 2008- |
| 24626 | 2009 school year which allows school districts to award |
| 24627 | alternative course credit for students enrolled in nationally or |
| 24628 | state-recognized industry certification programs, as defined by |
| 24629 | the former Agency for Workforce Innovation or the Department of |
| 24630 | Economic Opportunity, in accordance with the criteria described |
| 24631 | in s. 1003.492(2). The Commissioner of Education shall establish |
| 24632 | criteria for districts that participate in the pilot program. |
| 24633 | School districts interested in participating in the program must |
| 24634 | submit a letter of interest by July 15, 2008, to the |
| 24635 | Commissioner of Education identifying up to five nationally or |
| 24636 | state-recognized industry certification programs, as defined by |
| 24637 | the former Agency for Workforce Innovation or the Department of |
| 24638 | Economic Opportunity, in accordance with the criteria described |
| 24639 | in s. 1003.492(2), under which the district would like to award |
| 24640 | alternative credit for the eligible courses identified in |
| 24641 | subsection (2). The Commissioner of Education shall select up to |
| 24642 | three participating school districts by July 30, 2008. The |
| 24643 | Commissioner of Education shall submit a report to the Governor, |
| 24644 | the President of the Senate, and the Speaker of the House of |
| 24645 | Representatives identifying the number of students choosing to |
| 24646 | earn alternative credit, the number of students that received |
| 24647 | alternative credit, and legislative recommendations for |
| 24648 | expanding the use of alternative credit for core academic |
| 24649 | courses required for high school graduation. The report shall be |
| 24650 | submitted by January 1, 2010. |
| 24651 | (2) For purposes of designing and implementing a |
| 24652 | successful pilot project, eligible alternative credit courses |
| 24653 | include Algebra 1a, Algebra 1b, Algebra 1, Geometry, and |
| 24654 | Biology. Alternative credits shall be awarded for courses in |
| 24655 | which a student is not enrolled, but for which the student may |
| 24656 | earn academic credit by enrolling in another course or sequence |
| 24657 | of courses required to earn a nationally or state-recognized |
| 24658 | industry certificate, as defined by the former Agency for |
| 24659 | Workforce Innovation or the Department of Economic Opportunity, |
| 24660 | in accordance with the criteria described in s. 1003.492(2), of |
| 24661 | which the majority of the standards-based content in the course |
| 24662 | description is consistent with the alternative credit course |
| 24663 | description approved by the Department of Education. |
| 24664 | Section 535. Paragraph (b) of subsection (4) and |
| 24665 | subsection (5) of section 1002.53, Florida Statutes, are amended |
| 24666 | to read: |
| 24667 | 1002.53 Voluntary Prekindergarten Education Program; |
| 24668 | eligibility and enrollment.- |
| 24669 | (4) |
| 24670 | (b) The application must be submitted on forms prescribed |
| 24671 | by the Department of Economic Opportunity the Agency for |
| 24672 | Workforce Innovation and must be accompanied by a certified copy |
| 24673 | of the child's birth certificate. The forms must include a |
| 24674 | certification, in substantially the form provided in s. |
| 24675 | 1002.71(6)(b)2., that the parent chooses the private |
| 24676 | prekindergarten provider or public school in accordance with |
| 24677 | this section and directs that payments for the program be made |
| 24678 | to the provider or school. The Department of Economic |
| 24679 | Opportunity The Agency for Workforce Innovation may authorize |
| 24680 | alternative methods for submitting proof of the child's age in |
| 24681 | lieu of a certified copy of the child's birth certificate. |
| 24682 | (5) The early learning coalition shall provide each parent |
| 24683 | enrolling a child in the Voluntary Prekindergarten Education |
| 24684 | Program with a profile of every private prekindergarten provider |
| 24685 | and public school delivering the program within the county where |
| 24686 | the child is being enrolled. The profiles shall be provided to |
| 24687 | parents in a format prescribed by the Department of Economic |
| 24688 | Opportunity the Agency for Workforce Innovation. The profiles |
| 24689 | must include, at a minimum, the following information about each |
| 24690 | provider and school: |
| 24691 | (a) The provider's or school's services, curriculum, |
| 24692 | instructor credentials, and instructor-to-student ratio; and |
| 24693 | (b) The provider's or school's kindergarten readiness rate |
| 24694 | calculated in accordance with s. 1002.69, based upon the most |
| 24695 | recent available results of the statewide kindergarten |
| 24696 | screening. |
| 24697 | Section 536. Paragraphs (e) and (h) of subsection (3) of |
| 24698 | section 1002.55, Florida Statutes, are amended to read: |
| 24699 | 1002.55 School-year prekindergarten program delivered by |
| 24700 | private prekindergarten providers.- |
| 24701 | (3) To be eligible to deliver the prekindergarten program, |
| 24702 | a private prekindergarten provider must meet each of the |
| 24703 | following requirements: |
| 24704 | (e) A private prekindergarten provider may assign a |
| 24705 | substitute instructor to temporarily replace a credentialed |
| 24706 | instructor if the credentialed instructor assigned to a |
| 24707 | prekindergarten class is absent, as long as the substitute |
| 24708 | instructor is of good moral character and has been screened |
| 24709 | before employment in accordance with level 2 background |
| 24710 | screening requirements in chapter 435. The Department of |
| 24711 | Economic Opportunity The Agency for Workforce Innovation shall |
| 24712 | adopt rules to implement this paragraph which shall include |
| 24713 | required qualifications of substitute instructors and the |
| 24714 | circumstances and time limits for which a private |
| 24715 | prekindergarten provider may assign a substitute instructor. |
| 24716 | (h) The private prekindergarten provider must register |
| 24717 | with the early learning coalition on forms prescribed by the |
| 24718 | Department of Economic Opportunity the Agency for Workforce |
| 24719 | Innovation. |
| 24720 | Section 537. Subsections (6) and (8) of section 1002.61, |
| 24721 | Florida Statutes, are amended to read: |
| 24722 | 1002.61 Summer prekindergarten program delivered by public |
| 24723 | schools and private prekindergarten providers.- |
| 24724 | (6) A public school or private prekindergarten provider |
| 24725 | may assign a substitute instructor to temporarily replace a |
| 24726 | credentialed instructor if the credentialed instructor assigned |
| 24727 | to a prekindergarten class is absent, as long as the substitute |
| 24728 | instructor is of good moral character and has been screened |
| 24729 | before employment in accordance with level 2 background |
| 24730 | screening requirements in chapter 435. This subsection does not |
| 24731 | supersede employment requirements for instructional personnel in |
| 24732 | public schools which are more stringent than the requirements of |
| 24733 | this subsection. The Department of Economic Opportunity The |
| 24734 | Agency for Workforce Innovation shall adopt rules to implement |
| 24735 | this subsection which shall include required qualifications of |
| 24736 | substitute instructors and the circumstances and time limits for |
| 24737 | which a public school or private prekindergarten provider may |
| 24738 | assign a substitute instructor. |
| 24739 | (8) Each public school delivering the summer |
| 24740 | prekindergarten program must also: |
| 24741 | (a) Register with the early learning coalition on forms |
| 24742 | prescribed by the Department of Economic Opportunity the Agency |
| 24743 | for Workforce Innovation; and |
| 24744 | (b) Deliver the Voluntary Prekindergarten Education |
| 24745 | Program in accordance with this part. |
| 24746 | Section 538. Subsections (6) and (8) of section 1002.63, |
| 24747 | Florida Statutes, are amended to read: |
| 24748 | 1002.63 School-year prekindergarten program delivered by |
| 24749 | public schools.- |
| 24750 | (6) A public school prekindergarten provider may assign a |
| 24751 | substitute instructor to temporarily replace a credentialed |
| 24752 | instructor if the credentialed instructor assigned to a |
| 24753 | prekindergarten class is absent, as long as the substitute |
| 24754 | instructor is of good moral character and has been screened |
| 24755 | before employment in accordance with level 2 background |
| 24756 | screening requirements in chapter 435. This subsection does not |
| 24757 | supersede employment requirements for instructional personnel in |
| 24758 | public schools which are more stringent than the requirements of |
| 24759 | this subsection. The Department of Economic Opportunity The |
| 24760 | Agency for Workforce Innovation shall adopt rules to implement |
| 24761 | this subsection which shall include required qualifications of |
| 24762 | substitute instructors and the circumstances and time limits for |
| 24763 | which a public school prekindergarten provider may assign a |
| 24764 | substitute instructor. |
| 24765 | (8) Each public school delivering the school-year |
| 24766 | prekindergarten program must: |
| 24767 | (a) Register with the early learning coalition on forms |
| 24768 | prescribed by the Department of Economic Opportunity the Agency |
| 24769 | for Workforce Innovation; and |
| 24770 | (b) Deliver the Voluntary Prekindergarten Education |
| 24771 | Program in accordance with this part. |
| 24772 | Section 539. Subsections (1) and (3) of section 1002.67, |
| 24773 | Florida Statutes, are amended to read: |
| 24774 | 1002.67 Performance standards; curricula and |
| 24775 | accountability.- |
| 24776 | (1) By April 1, 2005, The department shall develop and |
| 24777 | adopt performance standards for students in the Voluntary |
| 24778 | Prekindergarten Education Program. The performance standards |
| 24779 | must address the age-appropriate progress of students in the |
| 24780 | development of: |
| 24781 | (a) The capabilities, capacities, and skills required |
| 24782 | under s. 1(b), Art. IX of the State Constitution; and |
| 24783 | (b) Emergent literacy skills, including oral |
| 24784 | communication, knowledge of print and letters, phonemic and |
| 24785 | phonological awareness, and vocabulary and comprehension |
| 24786 | development. |
| 24787 | (3)(a) Each early learning coalition shall verify that |
| 24788 | each private prekindergarten provider delivering the Voluntary |
| 24789 | Prekindergarten Education Program within the coalition's county |
| 24790 | or multicounty region complies with this part. Each district |
| 24791 | school board shall verify that each public school delivering the |
| 24792 | program within the school district complies with this part. |
| 24793 | (b) If a private prekindergarten provider or public school |
| 24794 | fails or refuses to comply with this part, or if a provider or |
| 24795 | school engages in misconduct, the Department of Economic |
| 24796 | Opportunity the Agency for Workforce Innovation shall require |
| 24797 | the early learning coalition to remove the provider, and the |
| 24798 | Department of Education shall require the school district to |
| 24799 | remove the school, from eligibility to deliver the Voluntary |
| 24800 | Prekindergarten Education Program and receive state funds under |
| 24801 | this part. |
| 24802 | (c)1. If the kindergarten readiness rate of a private |
| 24803 | prekindergarten provider or public school falls below the |
| 24804 | minimum rate adopted by the State Board of Education as |
| 24805 | satisfactory under s. 1002.69(6), the early learning coalition |
| 24806 | or school district, as applicable, shall require the provider or |
| 24807 | school to submit an improvement plan for approval by the |
| 24808 | coalition or school district, as applicable, and to implement |
| 24809 | the plan. |
| 24810 | 2. If a private prekindergarten provider or public school |
| 24811 | fails to meet the minimum rate adopted by the State Board of |
| 24812 | Education as satisfactory under s. 1002.69(6) for 2 consecutive |
| 24813 | years, the early learning coalition or school district, as |
| 24814 | applicable, shall place the provider or school on probation and |
| 24815 | must require the provider or school to take certain corrective |
| 24816 | actions, including the use of a curriculum approved by the |
| 24817 | department under paragraph (2)(c). |
| 24818 | 3. A private prekindergarten provider or public school |
| 24819 | that is placed on probation must continue the corrective actions |
| 24820 | required under subparagraph 2., including the use of a |
| 24821 | curriculum approved by the department, until the provider or |
| 24822 | school meets the minimum rate adopted by the State Board of |
| 24823 | Education as satisfactory under s. 1002.69(6). |
| 24824 | 4. If a private prekindergarten provider or public school |
| 24825 | remains on probation for 2 consecutive years and fails to meet |
| 24826 | the minimum rate adopted by the State Board of Education as |
| 24827 | satisfactory under s. 1002.69(6) and is not granted a good cause |
| 24828 | exemption by the department pursuant to s. 1002.69(7), the |
| 24829 | Department of Economic Opportunity the Agency for Workforce |
| 24830 | Innovation shall require the early learning coalition or the |
| 24831 | Department of Education shall require the school district to |
| 24832 | remove, as applicable, the provider or school from eligibility |
| 24833 | to deliver the Voluntary Prekindergarten Education Program and |
| 24834 | receive state funds for the program. |
| 24835 | (d) Each early learning coalition, the Department of |
| 24836 | Economic Opportunity Agency for Workforce Innovation, and the |
| 24837 | department shall coordinate with the Child Care Services Program |
| 24838 | Office of the Department of Children and Family Services to |
| 24839 | minimize interagency duplication of activities for monitoring |
| 24840 | private prekindergarten providers for compliance with |
| 24841 | requirements of the Voluntary Prekindergarten Education Program |
| 24842 | under this part, the school readiness programs under s. 411.01, |
| 24843 | and the licensing of providers under ss. 402.301-402.319. |
| 24844 | Section 540. Paragraph (f) of subsection (7) of section |
| 24845 | 1002.69, Florida Statutes, is amended to read: |
| 24846 | 1002.69 Statewide kindergarten screening; kindergarten |
| 24847 | readiness rates.- |
| 24848 | (7) |
| 24849 | (f) The State Board of Education shall notify the |
| 24850 | Department of Economic Opportunity the Agency for Workforce |
| 24851 | Innovation of any good cause exemption granted to a private |
| 24852 | prekindergarten provider under this subsection. If a good cause |
| 24853 | exemption is granted to a private prekindergarten provider who |
| 24854 | remains on probation for 2 consecutive years, the Department of |
| 24855 | Economic Opportunity the Agency for Workforce Innovation shall |
| 24856 | notify the early learning coalition of the good cause exemption |
| 24857 | and direct that the coalition, notwithstanding s. |
| 24858 | 1002.67(3)(c)4., not remove the provider from eligibility to |
| 24859 | deliver the Voluntary Prekindergarten Education Program or to |
| 24860 | receive state funds for the program, if the provider meets all |
| 24861 | other applicable requirements of this part. |
| 24862 | Section 541. Paragraph (c) of subsection (3), subsection |
| 24863 | (4), paragraph (b) of subsection (5), and subsections (6) and |
| 24864 | (7) of section 1002.71, Florida Statutes, are amended to read: |
| 24865 | 1002.71 Funding; financial and attendance reporting.- |
| 24866 | (3) |
| 24867 | (c) The initial allocation shall be based on estimated |
| 24868 | student enrollment in each coalition service area. The |
| 24869 | Department of Economic Opportunity The Agency for Workforce |
| 24870 | Innovation shall reallocate funds among the coalitions based on |
| 24871 | actual full-time equivalent student enrollment in each coalition |
| 24872 | service area. |
| 24873 | (4) Notwithstanding s. 1002.53(3) and subsection (2): |
| 24874 | (a) A child who, for any of the prekindergarten programs |
| 24875 | listed in s. 1002.53(3), has not completed more than 70 percent |
| 24876 | of the hours authorized to be reported for funding under |
| 24877 | subsection (2), or has not expended more than 70 percent of the |
| 24878 | funds authorized for the child under s. 1002.66, may withdraw |
| 24879 | from the program for good cause and reenroll in one of the |
| 24880 | programs. The total funding for a child who reenrolls in one of |
| 24881 | the programs for good cause may not exceed one full-time |
| 24882 | equivalent student. Funding for a child who withdraws and |
| 24883 | reenrolls in one of the programs for good cause shall be issued |
| 24884 | in accordance with the Department of Economic Opportunity's the |
| 24885 | agency's uniform attendance policy adopted pursuant to paragraph |
| 24886 | (6)(d). |
| 24887 | (b) A child who has not substantially completed any of the |
| 24888 | prekindergarten programs listed in s. 1002.53(3) may withdraw |
| 24889 | from the program due to an extreme hardship that is beyond the |
| 24890 | child's or parent's control, reenroll in one of the summer |
| 24891 | programs, and be reported for funding purposes as a full-time |
| 24892 | equivalent student in the summer program for which the child is |
| 24893 | reenrolled. |
| 24894 |
|
| 24895 | A child may reenroll only once in a prekindergarten program |
| 24896 | under this section. A child who reenrolls in a prekindergarten |
| 24897 | program under this subsection may not subsequently withdraw from |
| 24898 | the program and reenroll. The Department of Economic Opportunity |
| 24899 | The Agency for Workforce Innovation shall establish criteria |
| 24900 | specifying whether a good cause exists for a child to withdraw |
| 24901 | from a program under paragraph (a), whether a child has |
| 24902 | substantially completed a program under paragraph (b), and |
| 24903 | whether an extreme hardship exists which is beyond the child's |
| 24904 | or parent's control under paragraph (b). |
| 24905 | (5) |
| 24906 | (b) The Department of Economic Opportunity The Agency for |
| 24907 | Workforce Innovation shall adopt procedures for the payment of |
| 24908 | private prekindergarten providers and public schools delivering |
| 24909 | the Voluntary Prekindergarten Education Program. The procedures |
| 24910 | shall provide for the advance payment of providers and schools |
| 24911 | based upon student enrollment in the program, the certification |
| 24912 | of student attendance, and the reconciliation of advance |
| 24913 | payments in accordance with the uniform attendance policy |
| 24914 | adopted under paragraph (6)(d). The procedures shall provide for |
| 24915 | the monthly distribution of funds by the Department of Economic |
| 24916 | Opportunity the Agency for Workforce Innovation to the early |
| 24917 | learning coalitions for payment by the coalitions to private |
| 24918 | prekindergarten providers and public schools. The department |
| 24919 | shall transfer to the Department of Economic Opportunity Agency |
| 24920 | for Workforce Innovation at least once each quarter the funds |
| 24921 | available for payment to private prekindergarten providers and |
| 24922 | public schools in accordance with this paragraph from the funds |
| 24923 | appropriated for that purpose. |
| 24924 | (6)(a) Each parent enrolling his or her child in the |
| 24925 | Voluntary Prekindergarten Education Program must agree to comply |
| 24926 | with the attendance policy of the private prekindergarten |
| 24927 | provider or district school board, as applicable. Upon |
| 24928 | enrollment of the child, the private prekindergarten provider or |
| 24929 | public school, as applicable, must provide the child's parent |
| 24930 | with a copy of the provider's or school district's attendance |
| 24931 | policy, as applicable. |
| 24932 | (b)1. Each private prekindergarten provider's and district |
| 24933 | school board's attendance policy must require the parent of each |
| 24934 | student in the Voluntary Prekindergarten Education Program to |
| 24935 | verify, each month, the student's attendance on the prior |
| 24936 | month's certified student attendance. |
| 24937 | 2. The parent must submit the verification of the |
| 24938 | student's attendance to the private prekindergarten provider or |
| 24939 | public school on forms prescribed by the Department of Economic |
| 24940 | Opportunity the Agency for Workforce Innovation. The forms must |
| 24941 | include, in addition to the verification of the student's |
| 24942 | attendance, a certification, in substantially the following |
| 24943 | form, that the parent continues to choose the private |
| 24944 | prekindergarten provider or public school in accordance with s. |
| 24945 | 1002.53 and directs that payments for the program be made to the |
| 24946 | provider or school: |
| 24947 |
|
| 24948 | VERIFICATION OF STUDENT'S ATTENDANCE |
| 24949 | AND CERTIFICATION OF PARENTAL CHOICE |
| 24950 |
|
| 24951 | I, ...(Name of Parent)..., swear (or affirm) that my child, |
| 24952 | ...(Name of Student)..., attended the Voluntary Prekindergarten |
| 24953 | Education Program on the days listed above and certify that I |
| 24954 | continue to choose ...(Name of Provider or School)... to deliver |
| 24955 | the program for my child and direct that program funds be paid |
| 24956 | to the provider or school for my child. |
| 24957 | ...(Signature of Parent)... |
| 24958 | ...(Date)... |
| 24959 |
|
| 24960 | 3. The private prekindergarten provider or public school |
| 24961 | must keep each original signed form for at least 2 years. Each |
| 24962 | private prekindergarten provider must permit the early learning |
| 24963 | coalition, and each public school must permit the school |
| 24964 | district, to inspect the original signed forms during normal |
| 24965 | business hours. The Department of Economic Opportunity The |
| 24966 | Agency for Workforce Innovation shall adopt procedures for early |
| 24967 | learning coalitions and school districts to review the original |
| 24968 | signed forms against the certified student attendance. The |
| 24969 | review procedures shall provide for the use of selective |
| 24970 | inspection techniques, including, but not limited to, random |
| 24971 | sampling. Each early learning coalition and the school districts |
| 24972 | must comply with the review procedures. |
| 24973 | (c) A private prekindergarten provider or school district, |
| 24974 | as applicable, may dismiss a student who does not comply with |
| 24975 | the provider's or district's attendance policy. A student |
| 24976 | dismissed under this paragraph is not removed from the Voluntary |
| 24977 | Prekindergarten Education Program and may continue in the |
| 24978 | program through reenrollment with another private |
| 24979 | prekindergarten provider or public school. Notwithstanding s. |
| 24980 | 1002.53(6)(b), a school district is not required to provide for |
| 24981 | the admission of a student dismissed under this paragraph. |
| 24982 | (d) The Department of Economic Opportunity The Agency for |
| 24983 | Workforce Innovation shall adopt, for funding purposes, a |
| 24984 | uniform attendance policy for the Voluntary Prekindergarten |
| 24985 | Education Program. The attendance policy must apply statewide |
| 24986 | and apply equally to all private prekindergarten providers and |
| 24987 | public schools. The attendance policy must include at least the |
| 24988 | following provisions: |
| 24989 | 1. Beginning with the 2009-2010 fiscal year for school- |
| 24990 | year programs, A student's attendance may be reported on a pro |
| 24991 | rata basis as a fractional part of a full-time equivalent |
| 24992 | student. |
| 24993 | 2. At a maximum, 20 percent of the total payment made on |
| 24994 | behalf of a student to a private prekindergarten provider or a |
| 24995 | public school may be for hours a student is absent. |
| 24996 | 3. A private prekindergarten provider or public school may |
| 24997 | not receive payment for absences that occur before a student's |
| 24998 | first day of attendance or after a student's last day of |
| 24999 | attendance. |
| 25000 |
|
| 25001 | The uniform attendance policy shall be used only for funding |
| 25002 | purposes and does not prohibit a private prekindergarten |
| 25003 | provider or public school from adopting and enforcing its |
| 25004 | attendance policy under paragraphs (a) and (c). |
| 25005 | (7) The Department of Economic Opportunity The Agency for |
| 25006 | Workforce Innovation shall require that administrative |
| 25007 | expenditures be kept to the minimum necessary for efficient and |
| 25008 | effective administration of the Voluntary Prekindergarten |
| 25009 | Education Program. Administrative policies and procedures shall |
| 25010 | be revised, to the maximum extent practicable, to incorporate |
| 25011 | the use of automation and electronic submission of forms, |
| 25012 | including those required for child eligibility and enrollment, |
| 25013 | provider and class registration, and monthly certification of |
| 25014 | attendance for payment. A school district may use its automated |
| 25015 | daily attendance reporting system for the purpose of |
| 25016 | transmitting attendance records to the early learning coalition |
| 25017 | in a mutually agreed-upon format. In addition, actions shall be |
| 25018 | taken to reduce paperwork, eliminate the duplication of reports, |
| 25019 | and eliminate other duplicative activities. Beginning with the |
| 25020 | 2010-2011 fiscal year, each early learning coalition may retain |
| 25021 | and expend no more than 4.5 percent of the funds paid by the |
| 25022 | coalition to private prekindergarten providers and public |
| 25023 | schools under paragraph (5)(b). Funds retained by an early |
| 25024 | learning coalition under this subsection may be used only for |
| 25025 | administering the Voluntary Prekindergarten Education Program |
| 25026 | and may not be used for the school readiness program or other |
| 25027 | programs. |
| 25028 | Section 542. Subsection (1) of section 1002.72, Florida |
| 25029 | Statutes, is amended to read: |
| 25030 | 1002.72 Records of children in the Voluntary |
| 25031 | Prekindergarten Education Program.- |
| 25032 | (1)(a) The records of a child enrolled in the Voluntary |
| 25033 | Prekindergarten Education Program held by an early learning |
| 25034 | coalition, the Department of Economic Opportunity the Agency for |
| 25035 | Workforce Innovation, or a Voluntary Prekindergarten Education |
| 25036 | Program provider are confidential and exempt from s. 119.07(1) |
| 25037 | and s. 24(a), Art. I of the State Constitution. For purposes of |
| 25038 | this section, such records include assessment data, health data, |
| 25039 | records of teacher observations, and personal identifying |
| 25040 | information of an enrolled child and his or her parent. |
| 25041 | (b) This exemption applies to the records of a child |
| 25042 | enrolled in the Voluntary Prekindergarten Education Program held |
| 25043 | by an early learning coalition, the Department of Economic |
| 25044 | Opportunity the Agency for Workforce Innovation, or a Voluntary |
| 25045 | Prekindergarten Education Program provider before, on, or after |
| 25046 | the effective date of this exemption. |
| 25047 | Section 543. Section 1002.75, Florida Statutes, is amended |
| 25048 | to read: |
| 25049 | 1002.75 Department of Economic Opportunity Agency for |
| 25050 | Workforce Innovation; powers and duties; operational |
| 25051 | requirements.- |
| 25052 | (1) The Department of Economic Opportunity Agency for |
| 25053 | Workforce Innovation shall administer the operational |
| 25054 | requirements of the Voluntary Prekindergarten Education Program |
| 25055 | at the state level. |
| 25056 | (2) The Department of Economic Opportunity Agency for |
| 25057 | Workforce Innovation shall adopt procedures governing the |
| 25058 | administration of the Voluntary Prekindergarten Education |
| 25059 | Program by the early learning coalitions and school districts |
| 25060 | for: |
| 25061 | (a) Enrolling children in and determining the eligibility |
| 25062 | of children for the Voluntary Prekindergarten Education Program |
| 25063 | under s. 1002.53. |
| 25064 | (b) Providing parents with profiles of private |
| 25065 | prekindergarten providers and public schools under s. 1002.53. |
| 25066 | (c) Registering private prekindergarten providers and |
| 25067 | public schools to deliver the program under ss. 1002.55, |
| 25068 | 1002.61, and 1002.63. |
| 25069 | (d) Determining the eligibility of private prekindergarten |
| 25070 | providers to deliver the program under ss. 1002.55 and 1002.61. |
| 25071 | (e) Verifying the compliance of private prekindergarten |
| 25072 | providers and public schools and removing providers or schools |
| 25073 | from eligibility to deliver the program due to noncompliance or |
| 25074 | misconduct as provided in s. 1002.67. |
| 25075 | (f) Paying private prekindergarten providers and public |
| 25076 | schools under s. 1002.71. |
| 25077 | (g) Documenting and certifying student enrollment and |
| 25078 | student attendance under s. 1002.71. |
| 25079 | (h) Reconciling advance payments in accordance with the |
| 25080 | uniform attendance policy under s. 1002.71. |
| 25081 | (i) Reenrolling students dismissed by a private |
| 25082 | prekindergarten provider or public school for noncompliance with |
| 25083 | the provider's or school district's attendance policy under s. |
| 25084 | 1002.71. |
| 25085 | (3) The Department of Economic Opportunity Agency for |
| 25086 | Workforce Innovation shall adopt, in consultation with and |
| 25087 | subject to approval by the department, procedures governing the |
| 25088 | administration of the Voluntary Prekindergarten Education |
| 25089 | Program by the early learning coalitions and school districts |
| 25090 | for: |
| 25091 | (a) Approving improvement plans of private prekindergarten |
| 25092 | providers and public schools under s. 1002.67. |
| 25093 | (b) Placing private prekindergarten providers and public |
| 25094 | schools on probation and requiring corrective actions under s. |
| 25095 | 1002.67. |
| 25096 | (c) Removing a private prekindergarten provider or public |
| 25097 | school from eligibility to deliver the program due to the |
| 25098 | provider's or school's remaining on probation beyond the time |
| 25099 | permitted under s. 1002.67. |
| 25100 | (d) Enrolling children in and determining the eligibility |
| 25101 | of children for the Voluntary Prekindergarten Education Program |
| 25102 | under s. 1002.66. |
| 25103 | (e) Paying specialized instructional services providers |
| 25104 | under s. 1002.66. |
| 25105 | (4) The Department of Economic Opportunity Agency for |
| 25106 | Workforce Innovation shall also adopt procedures for the |
| 25107 | agency's distribution of funds to early learning coalitions |
| 25108 | under s. 1002.71. |
| 25109 | (5) Except as provided by law, the Department of Economic |
| 25110 | Opportunity Agency for Workforce Innovation may not impose |
| 25111 | requirements on a private prekindergarten provider or public |
| 25112 | school that does not deliver the Voluntary Prekindergarten |
| 25113 | Education Program or receive state funds under this part. |
| 25114 | Section 544. Subsections (1) and (5) of section 1002.77, |
| 25115 | Florida Statutes, are amended to read: |
| 25116 | 1002.77 Florida Early Learning Advisory Council.- |
| 25117 | (1) There is created the Florida Early Learning Advisory |
| 25118 | Council within the Department of Economic Opportunity the Agency |
| 25119 | for Workforce Innovation. The purpose of the advisory council is |
| 25120 | to submit recommendations to the department and the Department |
| 25121 | of Economic Opportunity the Agency for Workforce Innovation on |
| 25122 | the early learning policy of this state, including |
| 25123 | recommendations relating to administration of the Voluntary |
| 25124 | Prekindergarten Education Program under this part and the school |
| 25125 | readiness programs under s. 411.01. |
| 25126 | (5) The Department of Economic Opportunity The Agency for |
| 25127 | Workforce Innovation shall provide staff and administrative |
| 25128 | support for the advisory council. |
| 25129 | Section 545. Subsection (2) of section 1002.79, Florida |
| 25130 | Statutes, is amended to read: |
| 25131 | 1002.79 Rulemaking authority.- |
| 25132 | (2) The Department of Economic Opportunity Agency for |
| 25133 | Workforce Innovation shall adopt rules under ss. 120.536(1) and |
| 25134 | 120.54 to administer the provisions of this part conferring |
| 25135 | duties upon the department agency. |
| 25136 | Section 546. Subsection (4) of section 1003.4285, Florida |
| 25137 | Statutes, is amended to read: |
| 25138 | 1003.4285 Standard high school diploma designations.-Each |
| 25139 | standard high school diploma shall include, as applicable: |
| 25140 | (4) A designation reflecting a Florida Ready to Work |
| 25141 | Credential in accordance with s. 445.063 1004.99. |
| 25142 | Section 547. Subsection (2), paragraph (a) of subsection |
| 25143 | (3), paragraph (c) of subsection (4), and subsection (5) of |
| 25144 | section 1003.491, Florida Statutes, are amended to read: |
| 25145 | 1003.491 Florida Career and Professional Education Act.- |
| 25146 | The Florida Career and Professional Education Act is created to |
| 25147 | provide a statewide planning partnership between the business |
| 25148 | and education communities in order to attract, expand, and |
| 25149 | retain targeted, high-value industry and to sustain a strong, |
| 25150 | knowledge-based economy. |
| 25151 | (2) Beginning with the 2007-2008 school year, Each |
| 25152 | district school board shall develop, in collaboration with local |
| 25153 | workforce boards and postsecondary institutions approved to |
| 25154 | operate in the state, a strategic 5-year plan to address and |
| 25155 | meet local and regional workforce demands. If involvement of the |
| 25156 | local workforce board in the strategic plan development is not |
| 25157 | feasible, the local school board, with the approval of the |
| 25158 | Department of Economic Opportunity the Agency for Workforce |
| 25159 | Innovation, shall collaborate with the most appropriate local |
| 25160 | business leadership board. Two or more school districts may |
| 25161 | collaborate in the development of the strategic plan and offer a |
| 25162 | career and professional academy as a joint venture. Such plans |
| 25163 | must describe in detail provisions for efficient transportation |
| 25164 | of students, maximum use of shared resources, and access to |
| 25165 | courses through the Florida Virtual School when appropriate. |
| 25166 | Each strategic plan shall be completed no later than June 30, |
| 25167 | 2008, and shall include provisions to have in place at least one |
| 25168 | operational career and professional academy, pursuant to s. |
| 25169 | 1003.492, no later than the beginning of the 2008-2009 school |
| 25170 | year. |
| 25171 | (3) The strategic 5-year plan developed jointly between |
| 25172 | the local school district, local workforce boards, and state- |
| 25173 | approved postsecondary institutions shall be constructed and |
| 25174 | based on: |
| 25175 | (a) Research conducted to objectively determine local and |
| 25176 | regional workforce needs for the ensuing 5 years, using labor |
| 25177 | projections of the United States Department of Labor and the |
| 25178 | Department of Economic Opportunity the Agency for Workforce |
| 25179 | Innovation; |
| 25180 | (4) The State Board of Education shall establish a process |
| 25181 | for the continual and uninterrupted review of newly proposed |
| 25182 | core secondary courses and existing courses requested to be |
| 25183 | considered as core courses to ensure that sufficient rigor and |
| 25184 | relevance is provided for workforce skills and postsecondary |
| 25185 | education and aligned to state curriculum standards. The review |
| 25186 | of newly proposed core secondary courses shall be the |
| 25187 | responsibility of a curriculum review committee whose membership |
| 25188 | is approved by the Workforce Florida Board as described in s. |
| 25189 | 445.004, and shall include: |
| 25190 | (c) Three workforce representatives recommended by the |
| 25191 | Department of Economic Opportunity the Agency for Workforce |
| 25192 | Innovation. |
| 25193 | (5) The submission and review of newly proposed core |
| 25194 | courses shall be conducted electronically, and each proposed |
| 25195 | core course shall be approved or denied within 60 days. All |
| 25196 | courses approved as core courses for high school graduation |
| 25197 | purposes shall be immediately added to the Course Code |
| 25198 | Directory. Approved core courses shall also be reviewed and |
| 25199 | considered for approval for dual enrollment credit. The Board of |
| 25200 | Governors and the Commissioner of Education shall jointly |
| 25201 | recommend an annual deadline for approval of new core courses to |
| 25202 | be included for purposes of postsecondary admissions and dual |
| 25203 | enrollment credit the following academic year. The State Board |
| 25204 | of Education shall establish an appeals process in the event |
| 25205 | that a proposed course is denied which shall require a consensus |
| 25206 | ruling by the Department of Economic Opportunity the Agency for |
| 25207 | Workforce Innovation and the Commissioner of Education within 15 |
| 25208 | days. The curriculum review committee must be established and |
| 25209 | operational no later than September 1, 2007. |
| 25210 | Section 548. Subsections (2) and (3) of section 1003.492, |
| 25211 | Florida Statutes, are amended to read: |
| 25212 | 1003.492 Industry-certified career education programs.- |
| 25213 | (2) The State Board of Education shall use the expertise |
| 25214 | of Workforce Florida, Inc., and Enterprise Florida, Inc., to |
| 25215 | develop and adopt rules pursuant to ss. 120.536(1) and 120.54 |
| 25216 | for implementing an industry certification process. Industry |
| 25217 | certification shall be defined by the Department of Economic |
| 25218 | Opportunity the Agency for Workforce Innovation, based upon the |
| 25219 | highest available national standards for specific industry |
| 25220 | certification, to ensure student skill proficiency and to |
| 25221 | address emerging labor market and industry trends. A regional |
| 25222 | workforce board or a career and professional academy may apply |
| 25223 | to Workforce Florida, Inc., to request additions to the approved |
| 25224 | list of industry certifications based on high-demand job |
| 25225 | requirements in the regional economy. The list of industry |
| 25226 | certifications approved by Workforce Florida, Inc., and the |
| 25227 | Department of Education shall be published and updated annually |
| 25228 | by a date certain, to be included in the adopted rule. |
| 25229 | (3) The Department of Education shall collect student |
| 25230 | achievement and performance data in industry-certified career |
| 25231 | education programs and shall work with Workforce Florida, Inc., |
| 25232 | and Enterprise Florida, Inc., in the analysis of collected data. |
| 25233 | The data collection and analyses shall examine the performance |
| 25234 | of participating students over time. Performance factors shall |
| 25235 | include, but not be limited to, graduation rates, retention |
| 25236 | rates, Florida Bright Futures Scholarship awards, additional |
| 25237 | educational attainment, employment records, earnings, industry |
| 25238 | certification, and employer satisfaction. The results of this |
| 25239 | study shall be submitted to the President of the Senate and the |
| 25240 | Speaker of the House of Representatives annually by December 31. |
| 25241 | Section 549. Paragraphs (f), (j), and (k) of subsection |
| 25242 | (4) of section 1003.493, Florida Statutes, are amended to read: |
| 25243 | 1003.493 Career and professional academies.- |
| 25244 | (4) Each career and professional academy must: |
| 25245 | (f) Provide instruction in careers designated as high |
| 25246 | growth, high demand, and high pay by the local workforce |
| 25247 | development board, the chamber of commerce, or the Department of |
| 25248 | Economic Opportunity the Agency for Workforce Innovation. |
| 25249 | (j) Provide opportunities for students to obtain the |
| 25250 | Florida Ready to Work Certification pursuant to s. 445.063 |
| 25251 | 1004.99. |
| 25252 | (k) Include an evaluation plan developed jointly with the |
| 25253 | Department of Education and the local workforce board. The |
| 25254 | evaluation plan must include an assessment tool based on |
| 25255 | national industry standards, such as the Career Academy National |
| 25256 | Standards of Practice, and outcome measures, including, but not |
| 25257 | limited to, achievement of national industry certifications |
| 25258 | identified in the Industry Certification Funding List, pursuant |
| 25259 | to rules adopted by the State Board of Education, graduation |
| 25260 | rates, enrollment in postsecondary education, business and |
| 25261 | industry satisfaction, employment and earnings, awards of |
| 25262 | postsecondary credit and scholarships, and student achievement |
| 25263 | levels and learning gains on statewide assessments administered |
| 25264 | under s. 1008.22(3)(c). The Department of Education shall use |
| 25265 | Workforce Florida, Inc., and Enterprise Florida, Inc., in |
| 25266 | identifying industry experts to participate in developing and |
| 25267 | implementing such assessments. |
| 25268 | Section 550. Subsection (3) of section 1003.575, Florida |
| 25269 | Statutes, is amended to read: |
| 25270 | 1003.575 Assistive technology devices; findings; |
| 25271 | interagency agreements.-Accessibility, utilization, and |
| 25272 | coordination of appropriate assistive technology devices and |
| 25273 | services are essential as a young person with disabilities moves |
| 25274 | from early intervention to preschool, from preschool to school, |
| 25275 | from one school to another, and from school to employment or |
| 25276 | independent living. To ensure that an assistive technology |
| 25277 | device issued to a young person as part of his or her |
| 25278 | individualized family support plan, individual support plan, or |
| 25279 | an individual education plan remains with the individual through |
| 25280 | such transitions, the following agencies shall enter into |
| 25281 | interagency agreements, as appropriate, to ensure the |
| 25282 | transaction of assistive technology devices: |
| 25283 | (3) The Voluntary Prekindergarten Education Program |
| 25284 | administered by the Department of Education and the Department |
| 25285 | of Economic Opportunity Agency for Workforce Innovation. |
| 25286 |
|
| 25287 | Interagency agreements entered into pursuant to this section |
| 25288 | shall provide a framework for ensuring that young persons with |
| 25289 | disabilities and their families, educators, and employers are |
| 25290 | informed about the utilization and coordination of assistive |
| 25291 | technology devices and services that may assist in meeting |
| 25292 | transition needs, and shall establish a mechanism by which a |
| 25293 | young person or his or her parent may request that an assistive |
| 25294 | technology device remain with the young person as he or she |
| 25295 | moves through the continuum from home to school to postschool. |
| 25296 | Section 551. Section 1004.99, Florida Statutes, is |
| 25297 | transferred, renumbered as section 445.063, Florida Statutes, |
| 25298 | and amended to read: |
| 25299 | 445.063 1004.99 Florida Ready to Work Certification |
| 25300 | Program.- |
| 25301 | (1) There is created the Florida Ready to Work |
| 25302 | Certification Program to enhance the workplace skills of |
| 25303 | Floridians Florida's students to better prepare them for |
| 25304 | successful employment in specific occupations. |
| 25305 | (2) The Florida Ready to Work Certification Program may be |
| 25306 | conducted in public middle and high schools, community colleges, |
| 25307 | technical centers, one-stop career centers, vocational |
| 25308 | rehabilitation centers, and Department of Juvenile Justice |
| 25309 | educational facilities. The program may be made available to |
| 25310 | other entities that provide job assistance or training. The |
| 25311 | Department of Economic Opportunity, in coordination with the |
| 25312 | Department of Education, shall establish institutional readiness |
| 25313 | criteria for program implementation. |
| 25314 | (3) The Florida Ready to Work Certification Program shall |
| 25315 | be composed of: |
| 25316 | (a) A comprehensive identification of workplace skills for |
| 25317 | each occupation identified for inclusion in the program by the |
| 25318 | Department of Economic Opportunity the Agency for Workforce |
| 25319 | Innovation and the Department of Education. |
| 25320 | (b) A preinstructional assessment that delineates an |
| 25321 | individual's the student's mastery level on the specific |
| 25322 | workplace skills identified for that occupation. |
| 25323 | (c) A targeted instructional program limited to those |
| 25324 | identified workplace skills in which the individual student is |
| 25325 | not proficient as measured by the preinstructional assessment. |
| 25326 | Instruction must utilize a web-based program and be customized |
| 25327 | to meet identified specific needs of local employers. |
| 25328 | (d) A Florida Ready to Work Credential and portfolio |
| 25329 | awarded to individuals students upon successful completion of |
| 25330 | the instruction. Each portfolio must delineate the skills |
| 25331 | demonstrated by the individual student as evidence of the |
| 25332 | individual's student's preparation for employment. |
| 25333 | (4) A Florida Ready to Work Credential shall be awarded to |
| 25334 | an individual a student who successfully passes assessments in |
| 25335 | Reading for Information, Applied Mathematics, and Locating |
| 25336 | Information or any other assessments of comparable rigor. Each |
| 25337 | assessment shall be scored on a scale of 3 to 7. The level of |
| 25338 | the credential each individual student receives is based on the |
| 25339 | following: |
| 25340 | (a) A bronze-level credential requires a minimum score of |
| 25341 | 3 or above on each of the assessments. |
| 25342 | (b) A silver-level credential requires a minimum score of |
| 25343 | 4 or above on each of the assessments. |
| 25344 | (c) A gold-level credential requires a minimum score of 5 |
| 25345 | or above on each of the assessments. |
| 25346 | (5) The Department of Economic Opportunity The State Board |
| 25347 | of Education, in consultation with the Agency for Workforce |
| 25348 | Innovation, may adopt rules pursuant to ss. 120.536(1) and |
| 25349 | 120.54 to implement the provisions of this section. |
| 25350 | Section 552. Subsection (3) of section 1008.39, Florida |
| 25351 | Statutes, is amended to read: |
| 25352 | 1008.39 Florida Education and Training Placement |
| 25353 | Information Program.- |
| 25354 | (3) The Florida Education and Training Placement |
| 25355 | Information Program must not make public any information that |
| 25356 | could identify an individual or the individual's employer. The |
| 25357 | Department of Education must ensure that the purpose of |
| 25358 | obtaining placement information is to evaluate and improve |
| 25359 | public programs or to conduct research for the purpose of |
| 25360 | improving services to the individuals whose social security |
| 25361 | numbers are used to identify their placement. If an agreement |
| 25362 | assures that this purpose will be served and that privacy will |
| 25363 | be protected, the Department of Education shall have access to |
| 25364 | the unemployment insurance wage reports maintained by the |
| 25365 | Department of Economic Opportunity the Agency for Workforce |
| 25366 | Innovation, the files of the Department of Children and Family |
| 25367 | Services that contain information about the distribution of |
| 25368 | public assistance, the files of the Department of Corrections |
| 25369 | that contain records of incarcerations, and the files of the |
| 25370 | Department of Business and Professional Regulation that contain |
| 25371 | the results of licensure examination. |
| 25372 | Section 553. Subsection (3) of section 1008.41, Florida |
| 25373 | Statutes, is amended to read: |
| 25374 | 1008.41 Workforce education; management information |
| 25375 | system.- |
| 25376 | (3) Planning and evaluation of job-preparatory programs |
| 25377 | shall be based on standard sources of data and use standard |
| 25378 | occupational definitions and coding structures, including, but |
| 25379 | not limited to: |
| 25380 | (a) The Florida Occupational Information System; |
| 25381 | (b) The Florida Education and Training Placement |
| 25382 | Information Program; |
| 25383 | (c) The Department of Economic Opportunity The Agency for |
| 25384 | Workforce Innovation; |
| 25385 | (d) The United States Department of Labor; and |
| 25386 | (e) Other sources of data developed using statistically |
| 25387 | valid procedures. |
| 25388 | Section 554. Subsections (2) through (6) of section |
| 25389 | 1011.76, Florida Statutes, are amended to read: |
| 25390 | 1011.76 Small School District Stabilization Program.- |
| 25391 | (2) In order to participate in this program, a school |
| 25392 | district must be located in a rural area of critical economic |
| 25393 | concern designated by the Executive Office of the Governor, and |
| 25394 | the district school board must submit a resolution to the |
| 25395 | Department of Economic Opportunity Office of Tourism, Trade, and |
| 25396 | Economic Development requesting participation in the program. A |
| 25397 | rural area of critical economic concern must be a rural |
| 25398 | community, or a region composed of such, that has been adversely |
| 25399 | affected by an extraordinary economic event or a natural |
| 25400 | disaster or that presents a unique economic development concern |
| 25401 | or opportunity of regional impact. The resolution must be |
| 25402 | accompanied with documentation of the economic conditions in the |
| 25403 | community and, provide information indicating the negative |
| 25404 | impact of these conditions on the school district's financial |
| 25405 | stability, and the school district must participate in a best |
| 25406 | financial management practices review to determine potential |
| 25407 | efficiencies that could be implemented to reduce program costs |
| 25408 | in the district. |
| 25409 | (3) The Department of Economic Opportunity Office of |
| 25410 | Tourism, Trade, and Economic Development, in consultation with |
| 25411 | the Department of Education, shall review the resolution and |
| 25412 | other information required by subsection (2) and determine |
| 25413 | whether the school district is eligible to participate in the |
| 25414 | program. Factors influencing the office's determination of the |
| 25415 | Department of Economic Opportunity may include, but are not |
| 25416 | limited to, reductions in the county tax roll resulting from |
| 25417 | business closures or other causes, or a reduction in student |
| 25418 | enrollment due to business closures or impacts in the local |
| 25419 | economy. |
| 25420 | (4) Effective July 1, 2000, and thereafter, When the |
| 25421 | Department of Economic Opportunity Office of Tourism, Trade, and |
| 25422 | Economic Development authorizes a school district to participate |
| 25423 | in the program, the Legislature may give priority to that |
| 25424 | district for a best financial management practices review in the |
| 25425 | school district, subject to approval pursuant to s. 1008.35(7), |
| 25426 | to the extent that funding is provided annually for such purpose |
| 25427 | in the General Appropriations Act. The scope of the review shall |
| 25428 | be as set forth in s. 1008.35. |
| 25429 | (5) Effective July 1, 2000, and thereafter, The Department |
| 25430 | of Education may award the school district a stabilization grant |
| 25431 | intended to protect the district from continued financial |
| 25432 | reductions. The amount of the grant will be determined by the |
| 25433 | Department of Education and may be equivalent to the amount of |
| 25434 | the decline in revenues projected for the next fiscal year. In |
| 25435 | addition, the Department of Economic Opportunity Office of |
| 25436 | Tourism, Trade, and Economic Development may implement a rural |
| 25437 | economic development initiative to identify the economic factors |
| 25438 | that are negatively impacting the community and may consult with |
| 25439 | Enterprise Florida, Inc., in developing a plan to assist the |
| 25440 | county with its economic transition. The grant will be available |
| 25441 | to the school district for a period of up to 5 years to the |
| 25442 | extent that funding is provided for such purpose in the General |
| 25443 | Appropriations Act. |
| 25444 | (6) Based on the availability of funds, the Department of |
| 25445 | Economic Opportunity Office of Tourism, Trade, and Economic |
| 25446 | Development or the Department of Education may enter into |
| 25447 | contracts or issue grants necessary to implement the program. |
| 25448 | Section 555. Section 1012.2251, Florida Statutes, is |
| 25449 | amended to read: |
| 25450 | 1012.2251 End-of-course examinations for Merit Award |
| 25451 | Program.-Beginning with the 2007-2008 school year, School |
| 25452 | districts that participate in the Merit Award Program under s. |
| 25453 | 1012.225 must be able to administer end-of-course examinations |
| 25454 | based on the Sunshine State Standards in order to measure a |
| 25455 | student's understanding and mastery of the entire course in all |
| 25456 | grade groupings and subjects for any year in which the districts |
| 25457 | participate in the program. The statewide standardized |
| 25458 | assessment, College Board Advanced Placement Examination, |
| 25459 | International Baccalaureate examination, Advanced International |
| 25460 | Certificate of Education examination, or examinations resulting |
| 25461 | in national or state industry certification recognized by the |
| 25462 | Department of Economic Opportunity the Agency for Workforce |
| 25463 | Innovation satisfy the requirements of this section for the |
| 25464 | respective grade groupings and subjects assessed by these |
| 25465 | examinations and assessments. |
| 25466 | Section 556. Section 446.60, Florida Statutes, is |
| 25467 | repealed. |
| 25468 | Section 557. Section 445.056, Florida Statutes, is |
| 25469 | repealed. |
| 25470 | Section 558. (1) The Department of Economic Opportunity, |
| 25471 | the Department of Education, and the Department of Children and |
| 25472 | Family Services shall jointly evaluate the state and local |
| 25473 | governance structure of the state's early learning programs and |
| 25474 | shall submit a report to the President of the Senate and the |
| 25475 | Speaker of the House of Representatives by November 30, 2011. |
| 25476 | (2) The report shall consider: |
| 25477 | (a) Alternative governance structures that would provide |
| 25478 | effective and efficient service delivery. |
| 25479 | (b) Enhancing standardization and removing duplication in |
| 25480 | administration and implementation of the programs. |
| 25481 | (c) Easing access and providing seamless services for |
| 25482 | families. |
| 25483 | (d) Streamlining processes and removing unnecessary |
| 25484 | regulations on providers. |
| 25485 | (e) Providing continued parental choice and multiple |
| 25486 | options for program participation. |
| 25487 | (f) Other recommendations concerning the state's early |
| 25488 | learning programs that may improve service delivery for |
| 25489 | participants. |
| 25490 | Section 559. Before November 1, 2011, the Auditor General |
| 25491 | shall conduct an operational audit and performance audit, as |
| 25492 | defined in s. 11.45, Florida Statutes, of the early learning |
| 25493 | coalitions created under s. 411.01, Florida Statutes. |
| 25494 | Section 560. (1) The Legislature intends that the changes |
| 25495 | made by this act be accomplished with minimal disruption of |
| 25496 | services provided to the public and with minimal disruption to |
| 25497 | employees of any organization. The Legislature accordingly |
| 25498 | directs all applicable units of state government to contribute |
| 25499 | to the successful implementation of this act, and the |
| 25500 | Legislature believes that a transition period between the |
| 25501 | effective date of this act and October 1, 2011, is appropriate |
| 25502 | and warranted. |
| 25503 | (2) The Department of Community Affairs, the Agency for |
| 25504 | Workforce Innovation, and the Office of Tourism, Trade, and |
| 25505 | Economic Development of the Executive Office of the Governor |
| 25506 | shall each coordinate the development and implementation of a |
| 25507 | transition plan that supports the implementation of this act. |
| 25508 | Any state agency identified by either the Department of |
| 25509 | Community Affairs, the Agency for Workforce Innovation, or the |
| 25510 | Office of Tourism, Trade, and Economic Development shall |
| 25511 | cooperate fully in developing and implementing the plan and |
| 25512 | shall dedicate the financial and staff resources that are |
| 25513 | necessary to implement the plan. |
| 25514 | (3)(a) The Secretary of Community Affairs, the director of |
| 25515 | Workforce Innovation, and the director of the Office of Tourism, |
| 25516 | Trade, and Economic Development shall each designate a |
| 25517 | transition coordinator, who shall serve as the department's, |
| 25518 | agency's, or office's primary representative on matters related |
| 25519 | to the implementation of this act and the transition plans |
| 25520 | developed pursuant to this section. |
| 25521 | (b) The Governor shall also designate a transition |
| 25522 | coordinator who shall serve as the Governor's primary |
| 25523 | representative on matters related to the implementation of this |
| 25524 | act, implementation of the transition plans developed pursuant |
| 25525 | to this section, and coordination of the transition activities |
| 25526 | of the Department of Community Affairs, the Agency for Workforce |
| 25527 | Innovation, and the Office of Tourism, Trade, and Economic |
| 25528 | Development. |
| 25529 | (4) The transition coordinators designated under |
| 25530 | subsection (3) shall submit a joint progress report by August |
| 25531 | 15, 2011, to the Governor, the President of the Senate, and the |
| 25532 | Speaker of the House of Representatives on the implementation of |
| 25533 | this act and the transition plans, including, but not limited |
| 25534 | to, any adverse impact or negative consequences on programs and |
| 25535 | services; of meeting any deadline imposed by this act; or any |
| 25536 | difficulties experienced by the Department of Community Affairs, |
| 25537 | the Agency for Workforce Innovation, or the Office of Tourism, |
| 25538 | Trade, and Economic Development in securing the full |
| 25539 | participation and cooperation of applicable state agencies. Each |
| 25540 | representative shall also coordinate the submission of any |
| 25541 | budget amendments, in accordance with chapter 216, Florida |
| 25542 | Statutes, that may be necessary to implement this act. |
| 25543 | (5) Notwithstanding ss. 216.292 and 216.351, Florida |
| 25544 | Statutes, upon approval by the Legislative Budget Commission, |
| 25545 | the Executive Office of the Governor may transfer funds and |
| 25546 | positions between agencies to implement this act. |
| 25547 | (6) Upon the recommendation and guidance of the transition |
| 25548 | coordinators designated under subsection (3), the Governor shall |
| 25549 | submit in a timely manner to the applicable federal departments |
| 25550 | or agencies any necessary amendments or supplemental information |
| 25551 | concerning plans that the state is required to submit to the |
| 25552 | Federal Government in connection with any federal or state |
| 25553 | program. The Governor shall seek any waivers from the |
| 25554 | requirements of federal law or regulations which may be |
| 25555 | necessary to administer this act. |
| 25556 | (7) The transfer of any program, activity, duty, or |
| 25557 | function under this act includes the transfer of any records and |
| 25558 | unexpended balances of appropriations, allocations, or other |
| 25559 | funds related to such program, activity, duty, or function. |
| 25560 | Except as otherwise provided in this act, the successor |
| 25561 | organization to any program, activity, duty, or function |
| 25562 | transferred under this act shall become the custodian of any |
| 25563 | property of the organization that was responsible for the |
| 25564 | program, activity, duty, or function immediately before the |
| 25565 | transfer. |
| 25566 | Section 561. Except as otherwise expressly provided in |
| 25567 | this act, this act shall take effect July 1, 2011. |