Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 1024
Senate . House
Comm: RCS .
Appropriations Subcommittee on Transportation, Tourism, and
Economic Development (Latvala) recommended the following:
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Economic Development Programs Evaluation.—The
6 Office of Economic and Demographic Research and the Office of
7 Program Policy Analysis and Government Accountability (OPPAGA)
8 shall develop and present to the Governor, the President of the
9 Senate, the Speaker of the House of Representatives, and the
10 chairs of the legislative appropriations committees the Economic
11 Development Programs Evaluation.
12 (1) The Office of Economic and Demographic Research and
13 OPPAGA shall coordinate the development of a work plan for
14 completing the Economic Development Programs Evaluation and
15 shall submit the work plan to the President of the Senate and
16 the Speaker of the House of Representatives by July 1, 2013.
17 (2) The Office of Economic and Demographic Research and
18 OPPAGA shall provide a detailed analysis of economic development
19 programs as provided in the following schedule:
20 (a) By January 1, 2014, and every 3 years thereafter, an
21 analysis of the following:
22 1. The capital investment tax credit established under s.
23 220.191, Florida Statutes.
24 2. The qualified target industry tax refund established
25 under s. 288.106, Florida Statutes.
26 3. The brownfield redevelopment bonus refund established
27 under s. 288.107, Florida Statutes.
28 4. High-impact business performance grants established
29 under s. 288.108, Florida Statutes.
30 5. The Quick Action Closing Fund established under s.
31 288.1088, Florida Statutes.
32 6. The Innovation Incentive Program established under s.
33 288.1089, Florida Statutes.
34 7. Enterprise Zone Program incentives established under ss.
35 212.08(5), 212.08(15), 212.096, 220.181, and 220.182, Florida
37 (b) By January 1, 2015, and every 3 years thereafter, an
38 analysis of the following:
39 1. The entertainment industry financial incentive program
40 established under s. 288.1254, Florida Statutes.
41 2. The entertainment industry sales tax exemption program
42 established under s. 288.1258, Florida Statutes.
43 3. VISIT Florida and its programs established or funded
44 under ss. 288.122, 288.1226, 288.12265, and 288.124, Florida
46 4. The Florida Sports Foundation and related programs
47 established under ss. 288.1162, 288.11621, 288.1166, 288.1167,
48 288.1168, 288.1169, and 288.1171, Florida Statutes.
49 (c) By January 1, 2016, and every 3 years thereafter, an
50 analysis of the following:
51 1. The qualified defense contractor and space flight
52 business tax refund program established under s. 288.1045,
53 Florida Statutes.
54 2. The tax exemption for semiconductor, defense, or space
55 technology sales established under s. 212.08(5)(j), Florida
57 3. The Military Base Protection Program established under
58 s. 288.980, Florida Statutes.
59 4. The Manufacturing and Spaceport Investment Incentive
60 Program established under s. 288.1083, Florida Statutes.
61 5. The Quick Response Training Program established under s.
62 288.047, Florida Statutes.
63 6. The Incumbent Worker Training Program established under
64 s. 445.003, Florida Statutes.
65 7. International trade and business development programs
66 established or funded under s. 288.826, Florida Statutes.
67 (3) Pursuant to the schedule established in subsection (2),
68 the Office of Economic and Demographic Research shall evaluate
69 and determine the economic benefits, as defined in s. 288.005,
70 Florida Statutes, of each program over the previous 3 years. The
71 analysis must also evaluate the number of jobs created, the
72 increase or decrease in personal income, and the impact on state
73 gross domestic product from the direct, indirect, and induced
74 effects of the state’s investment in each program over the
75 previous 3 years.
76 (a) For the purpose of evaluating tax credits, tax refunds,
77 sales tax exemptions, cash grants, and similar programs, the
78 Office of Economic and Demographic Research shall evaluate data
79 only from those projects in which businesses received state
80 funds during the evaluation period. Such projects may be fully
81 completed, partially completed with future fund disbursal
82 possible pending performance measures, or partially completed
83 with no future fund disbursal possible as a result of a
84 business’s inability to meet performance measures.
85 (b) The analysis must use the model developed by the Office
86 of Economic and Demographic Research, as required in s. 216.138,
87 Florida Statutes, to evaluate each program. The office shall
88 provide a written explanation of the key assumptions of the
89 model and how it is used. If the office finds that another
90 evaluation model is more appropriate to evaluate a program, it
91 may use another model, but it must provide an explanation as to
92 why the selected model was more appropriate.
93 (4) Pursuant to the schedule established in subsection (2),
94 OPPAGA shall evaluate each program over the previous 3 years for
95 its effectiveness and value to the taxpayers of this state and
96 include recommendations on each program for consideration by the
97 Legislature. The analysis may include relevant economic
98 development reports or analyses prepared by the Department of
99 Economic Opportunity, Enterprise Florida, Inc., or local or
100 regional economic development organizations; interviews with the
101 parties involved; or any other relevant data.
102 (5) The Office of Economic and Demographic Research and
103 OPPAGA must be given access to all data necessary to complete
104 the Economic Development Programs Evaluation, including any
105 confidential data. The offices may collaborate on data
106 collection and analysis.
107 Section 2. Subsection (10) of section 20.60, Florida
108 Statutes, is amended to read:
109 20.60 Department of Economic Opportunity; creation; powers
110 and duties.—
111 (10) The department, with assistance from Enterprise
112 Florida, Inc., shall, by November 1
January 1 of each year,
113 submit an annual report to the Governor, the President of the
114 Senate, and the Speaker of the House of Representatives on the
115 condition of the business climate and economic development in
116 the state.
117 (a) The report must shall include the identification of
118 problems and a prioritized list of recommendations.
119 (b) The report must incorporate annual reports of other
120 programs, including:
121 1. The displaced homemaker program established under s.
123 2. Information provided by the Department of Revenue under
124 s. 290.014.
125 3. Information provided by enterprise zone development
126 agencies under s. 290.0056 and an analysis of the activities and
127 accomplishments of each enterprise zone.
128 4. The Economic Gardening Business Loan Pilot Program
129 established under s. 288.1081 and the Economic Gardening
130 Technical Assistance Pilot Program established under s.
132 5. A detailed report of the performance of the Black
133 Business Loan Program and a cumulative summary of quarterly
134 report data required under s. 288.714.
135 6. The Rural Economic Development Initiative established
136 under s. 288.0656.
137 Section 3. Paragraph (c) of subsection (1) of section
138 201.15, Florida Statutes, is amended to read:
139 201.15 Distribution of taxes collected.—All taxes collected
140 under this chapter are subject to the service charge imposed in
141 s. 215.20(1). Prior to distribution under this section, the
142 Department of Revenue shall deduct amounts necessary to pay the
143 costs of the collection and enforcement of the tax levied by
144 this chapter. Such costs and the service charge may not be
145 levied against any portion of taxes pledged to debt service on
146 bonds to the extent that the costs and service charge are
147 required to pay any amounts relating to the bonds. After
148 distributions are made pursuant to subsection (1), all of the
149 costs of the collection and enforcement of the tax levied by
150 this chapter and the service charge shall be available and
151 transferred to the extent necessary to pay debt service and any
152 other amounts payable with respect to bonds authorized before
153 January 1, 2013, secured by revenues distributed pursuant to
154 subsection (1). All taxes remaining after deduction of costs and
155 the service charge shall be distributed as follows:
156 (1) Sixty-three and thirty-one hundredths percent of the
157 remaining taxes shall be used for the following purposes:
158 (c) After the required payments under paragraphs (a) and
159 (b), the remainder shall be paid into the State Treasury to the
160 credit of:
161 1. The State Transportation Trust Fund in the Department of
162 Transportation in the amount of the lesser of 38.2 percent of
163 the remainder or $541.75 million in each fiscal year. Out of
164 such funds, the first $50 million for the 2012-2013 fiscal year;
165 $65 million for the 2013-2014 fiscal year; and $75 million for
166 the 2014-2015 fiscal year and all subsequent years, shall be
167 transferred to the State Economic Enhancement and Development
168 Trust Fund within the Department of Economic Opportunity. The
169 remainder is to be used for the following specified purposes,
170 notwithstanding any other law to the contrary:
171 a. For the purposes of capital funding for the New Starts
172 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
173 specified in s. 341.051, 10 percent of these funds;
174 b. For the purposes of the Small County Outreach Program
175 specified in s. 339.2818, 5 percent of these funds. Effective
176 July 1, 2014, the percentage allocated under this sub
177 subparagraph shall be increased to 10 percent;
178 c. For the purposes of the Strategic Intermodal System
179 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
180 of these funds after allocating for the New Starts Transit
181 Program described in sub-subparagraph a. and the Small County
182 Outreach Program described in sub-subparagraph b.; and
183 d. For the purposes of the Transportation Regional
184 Incentive Program specified in s. 339.2819, 25 percent of these
185 funds after allocating for the New Starts Transit Program
186 described in sub-subparagraph a. and the Small County Outreach
187 Program described in sub-subparagraph b. Effective July 1, 2014,
188 the first $60 million of the funds allocated pursuant to this
189 sub-subparagraph shall be allocated annually to the Florida Rail
190 Enterprise for the purposes established in s. 341.303(5).
191 2. The Grants and Donations Trust Fund in the Department of
192 Economic Opportunity in the amount of the lesser of .23 percent
193 of the remainder or $3.25 million in each fiscal year to fund
194 technical assistance to local governments and school boards on
195 the requirements and implementation of this act.
196 3. The Ecosystem Management and Restoration Trust Fund in
197 the amount of the lesser of 2.12 percent of the remainder or $30
198 million in each fiscal year, to be used for the preservation and
199 repair of the state’s beaches as provided in ss. 161.091
201 4. General Inspection Trust Fund in the amount of the
202 lesser of .02 percent of the remainder or $300,000 in each
203 fiscal year to be used to fund oyster management and restoration
204 programs as provided in s. 379.362(3).
206 Moneys distributed pursuant to this paragraph may not be pledged
207 for debt service unless such pledge is approved by referendum of
208 the voters.
209 Section 4. Paragraph (bb) is added to subsection (8) of
210 section 213.053, Florida Statutes, to read:
211 213.053 Confidentiality and information sharing.—
212 (8) Notwithstanding any other provision of this section,
213 the department may provide:
214 (bb) Information to the director of the Office of Program
215 Policy Analysis and Government Accountability or his or her
216 authorized agent, and to the coordinator of the Office of
217 Economic and Demographic Research or his or her authorized
218 agent, for purposes of completing the Economic Development
219 Programs Evaluation. Information obtained from the department
220 pursuant to this paragraph may be shared by the director and the
221 coordinator, or the director’s or coordinator’s authorized
222 agent, for purposes of completing the Economic Development
223 Programs Evaluation.
225 Disclosure of information under this subsection shall be
226 pursuant to a written agreement between the executive director
227 and the agency. Such agencies, governmental or nongovernmental,
228 shall be bound by the same requirements of confidentiality as
229 the Department of Revenue. Breach of confidentiality is a
230 misdemeanor of the first degree, punishable as provided by s.
231 775.082 or s. 775.083.
232 Section 5. Subsection (9) of section 220.194, Florida
233 Statutes, is amended to read:
234 220.194 Corporate income tax credits for spaceflight
236 (9) ANNUAL REPORT.—Beginning in 2014, the Department of
237 Economic Opportunity, in cooperation with Space Florida and the
238 department, shall include in the submit an annual incentives
239 report required under s. 288.907 a summary of summarizing
240 activities relating to the Florida Space Business Incentives Act
241 established under this section to the Governor, the President of
242 the Senate, and the Speaker of the House of Representatives by
243 each November 30.
244 Section 6. Section 288.001, Florida Statutes, is amended to
246 288.001 The Florida Small Business Development Center
247 Network ; purpose.—
248 (1) PURPOSE.—The Florida Small Business Development Center
249 Network is the principal business assistance organization for
250 small businesses in the state. The purpose of the network is to
251 serve emerging and established for-profit, privately held
252 businesses that maintain a place of business in the state.
253 (2) DEFINITIONS.—As used in this section, the term:
254 (a) “Board of Governors” is the Board of Governors of the
255 State University System.
256 (b) “Host institution” is the university designated by the
257 Board of Governors to be the recipient organization in
258 accordance with 13 C.F.R. s. 130.200.
259 (c) “Network” means the Florida Small Business Development
260 Center Network.
261 (3) OPERATION; POLICIES AND PROGRAMS.—
262 (a) The network’s statewide director shall operate the
263 network in compliance with the federal laws and regulations
264 governing the network and the Board of Governors Regulation
266 (b) The network’s statewide director shall consult with the
267 Board of Governors, the department, and the network’s statewide
268 advisory board to ensure that the network’s policies and
269 programs align with the statewide goals of the State University
270 System and the statewide strategic economic development plan as
271 provided under s. 20.60.
272 (4) STATEWIDE ADVISORY BOARD.—
273 (a) The network shall maintain a statewide advisory board
274 to advise, counsel, and confer with the statewide director on
275 matters pertaining to the operation of the network.
276 (b) The statewide advisory board shall consist of 19
277 members from across the state. At least 12 members must be
278 representatives of the private sector who are knowledgeable of
279 the needs and challenges of small businesses. The members must
280 represent various segments and industries of the economy in this
281 state and must bring knowledge and skills to the statewide
282 advisory board which would enhance the board’s collective
283 knowledge of small business assistance needs and challenges.
284 Minority and gender representation must be considered when
285 making appointments to the board. The board must include the
286 following members:
287 1. Three members appointed from the private sector by the
288 President of the Senate.
289 2. Three members appointed from the private sector by the
290 Speaker of the House of Representatives.
291 3. Three members appointed from the private sector by the
293 4. Three members appointed from the private sector by the
294 network’s statewide director.
295 5. One member appointed by the host institution.
296 6. The President of Enterprise Florida, Inc., or his or her
298 7. The Chief Financial Officer or his or her designee.
299 8. The President of the Florida Chamber of Commerce or his
300 or her designee.
301 9. The Small Business Development Center Project Officer
302 from the U.S. Small Business Administration at the South Florida
303 District Office or his or her designee.
304 10. The executive director of the National Federation of
305 Independent Businesses, Florida, or his or her designee.
306 11. The executive director of the Florida United Business
307 Association or his or her designee.
308 (c) The term of an appointed member shall be for 4 years,
309 beginning August 1, 2013, except that at the time of initial
310 appointments, two members appointed by the Governor, one member
311 appointed by the President of the Senate, one member appointed
312 by the Speaker of the House of Representatives, and one member
313 appointed by the network’s statewide director shall be appointed
314 for 2 years. An appointed member may be reappointed to a
315 subsequent term. Members of the statewide advisory board may not
316 receive compensation but may be reimbursed for per diem and
317 travel expenses in accordance with s. 112.061.
318 (5) SMALL BUSINESS SUPPORT SERVICES; AGREEMENT.—
319 (a) The statewide director, in consultation with the
320 advisory board, shall develop support services that are
321 delivered through regional small business development centers.
322 Support services must target the needs of businesses that employ
323 fewer than 100 persons and demonstrate an assessed capacity to
324 grow in employment or revenue.
325 (b) Support services must include, but need not be limited
326 to, providing information or research, consulting, educating, or
327 assisting businesses in the following activities:
328 1. Planning related to the start-up, operation, or
329 expansion of a small business enterprise in this state. Such
330 activities include providing guidance on business formation,
331 structure, management, registration, regulation, and taxes.
332 2. Developing and implementing strategic or business plans.
333 Such activities include analyzing a business’s mission, vision,
334 strategies, and goals; critiquing the overall plan; and creating
335 performance measures.
336 3. Developing the financial literacy of existing businesses
337 related to their business cash flow and financial management
338 plans. Such activities include conducting financial analysis
339 health checks, assessing cost control management techniques, and
340 building financial management strategies and solutions.
341 4. Developing and implementing plans for existing
342 businesses to access or expand to new or existing markets. Such
343 activities include conducting market research, researching and
344 identifying expansion opportunities in international markets,
345 and identifying opportunities in selling to units of government.
346 5. Supporting access to capital for business investment and
347 expansion. Such activities include providing technical
348 assistance relating to obtaining surety bonds; identifying and
349 assessing potential debt or equity investors or other financing
350 opportunities; assisting in the preparation of applications,
351 projections, or pro forma or other support documentation for
352 surety bond, loan, financing, or investment requests; and
353 facilitating conferences with lenders or investors.
354 6. Assisting existing businesses to plan for a natural or
355 man-made disaster, and assisting businesses when such an event
356 occurs. Such activities include creating business continuity and
357 disaster plans, preparing disaster and bridge loan applications,
358 and carrying out other emergency support functions.
359 (c) A business receiving support services must agree to
360 participate in assessments of such services. The agreement, at a
361 minimum, must request the business to report demographic
362 characteristics, changes in employment and sales, debt and
363 equity capital attained, and government contracts acquired. The
364 host institution may require additional reporting requirements
365 for funding described in subsection (7).
366 (6) REQUIRED MATCH.—The network must provide a match equal
367 to the total amount of any direct legislative appropriation
368 which is received directly by the host institution and is
369 specifically designated for the network. The match may include
370 funds from federal or other nonstate funding sources designated
371 for the network. At least 50 percent of the match must be cash.
372 The remaining 50 percent may be provided through any allowable
373 combination of additional cash, in-kind contributions, or
374 indirect costs.
375 (7) ADDITIONAL STATE FUNDS; USES; PAY-PER-PERFORMANCE
376 INCENTIVES; STATEWIDE SERVICE; SERVICE ENHANCEMENTS; BEST
377 PRACTICES; ELIGIBILITY.—
378 (a) The statewide director, in coordination with the host
379 institution, shall establish a pay-per-performance incentive for
380 regional small business development centers. Such incentive
381 shall be funded from half of any state appropriation received
382 directly by the host institution, which appropriation is
383 specifically designated for the network. These funds shall be
384 distributed to the regional small business development centers
385 based upon data collected from the businesses as provided under
386 paragraph (5)(c). The distribution formula must provide for the
387 distribution of funds in part on the gross number of jobs
388 created annually by each center and in part on the number of
389 jobs created per support service hour. The pay-per-performance
390 incentive must supplement the operations and support services of
391 each regional small business development center, and may not
392 reduce matching funds dedicated to the regional small business
393 development center.
394 (b) Half of any state funds received directly by the host
395 institution which are specifically designated for the network
396 shall be distributed by the statewide director, in coordination
397 with the advisory board, for the following purposes:
398 1. Ensuring that support services are available statewide,
399 especially in underserved and rural areas of the state, to
400 assist eligible businesses;
401 2. Enhancing participation in the network among state
402 universities and colleges; and
403 3. Facilitating the adoption of innovative small business
404 assistance best practices by the regional small business
405 development centers.
406 (c) The statewide director, in coordination with the
407 advisory board, shall develop annual programs to distribute
408 funds for each of the purposes described in paragraph (b). The
409 network shall announce the annual amount of available funds for
410 each program, performance expectations, and other requirements.
411 For each program, the statewide director shall present
412 applications and recommendations to the advisory board. The
413 advisory board shall make the final approval of applications.
414 Approved applications must be publicly posted. At a minimum,
415 programs must include:
416 1. New regional small business development centers; and
417 2. Awards for the top six regional small business
418 development centers that adopt best practices, as determined by
419 the advisory board. Detailed information about best practices
420 must be made available to regional small business development
421 centers for voluntary implementation.
422 (d) A regional small business development center that has
423 been found by the statewide director to perform poorly, to
424 engage in improper activity affecting the operation and
425 integrity of the network, or to fail to follow the rules and
426 procedures set forth in the laws, regulations, and policies
427 governing the network, is not eligible for funds under this
429 (e) Funds awarded under this subsection may not reduce
430 matching funds dedicated to the regional small business
431 development centers.
432 (8) REPORTING.—
433 (a) The statewide director shall quarterly update the Board
434 of Governors, the department, and the advisory board on the
435 network’s progress and outcomes, including aggregate information
436 on businesses assisted by the network.
437 (b) The statewide director, in coordination with the
438 advisory board, shall annually report, on June 30, to the
439 President of the Senate and the Speaker of the House of
440 Representatives on the network’s progress and outcomes for the
441 previous fiscal year. The report must include aggregate
442 information on businesses assisted by the network, network
443 services and programs, the use of funds specifically dedicated
444 to the network, and the network’s economic benefit to the state.
445 The report must contain specific information on performance
446 based metrics and contain the methodology used to calculate the
447 network’s economic benefit to the state.
448 Section 7. Subsection (4) is added to section 288.005,
449 Florida Statutes, to read:
450 288.005 Definitions.—As used in this chapter, the term:
451 (4) “Jobs” means full-time equivalent positions, including,
452 but not limited to, positions obtained from a temporary
453 employment agency or employee leasing company or through a union
454 agreement or coemployment under a professional employer
455 organization agreement, which result directly from a project in
456 this state. This number does not include temporary construction
457 jobs involved with the construction of facilities for the
459 Section 8. Subsection (3) of section 288.012, Florida
460 Statutes, is amended to read:
461 288.012 State of Florida international offices; state
462 protocol officer; protocol manual.—The Legislature finds that
463 the expansion of international trade and tourism is vital to the
464 overall health and growth of the economy of this state. This
465 expansion is hampered by the lack of technical and business
466 assistance, financial assistance, and information services for
467 businesses in this state. The Legislature finds that these
468 businesses could be assisted by providing these services at
469 State of Florida international offices. The Legislature further
470 finds that the accessibility and provision of services at these
471 offices can be enhanced through cooperative agreements or
472 strategic alliances between private businesses and state, local,
473 and international governmental entities.
474 (3) By October 1 of each year, Each international office
475 shall annually submit to Enterprise Florida, Inc., the
476 department a complete and detailed report on its activities and
477 accomplishments during the previous preceding fiscal year for
478 inclusion in the annual report required under s. 288.906. In the
479 a format and by the annual date prescribed provided by
480 Enterprise Florida, Inc., the report must set forth information
482 (a) The number of Florida companies assisted.
483 (b) The number of inquiries received about investment
484 opportunities in this state.
485 (c) The number of trade leads generated.
486 (d) The number of investment projects announced.
487 (e) The estimated U.S. dollar value of sales confirmations.
488 (f) The number of representation agreements.
489 (g) The number of company consultations.
490 (h) Barriers or other issues affecting the effective
491 operation of the office.
492 (i) Changes in office operations which are planned for the
493 current fiscal year.
494 (j) Marketing activities conducted.
495 (k) Strategic alliances formed with organizations in the
496 country in which the office is located.
497 (l) Activities conducted with Florida’s other international
499 (m) Any other information that the office believes would
500 contribute to an understanding of its activities.
501 Section 9. Section 288.061, Florida Statutes, is amended to
503 288.061 Economic development incentive application
505 (1) Upon receiving a submitted economic development
506 incentive application, the Division of Strategic Business
507 Development of the Department of Economic Opportunity and
508 designated staff of Enterprise Florida, Inc., shall review the
509 application to ensure that the application is complete, whether
510 and what type of state and local permits may be necessary for
511 the applicant’s project, whether it is possible to waive such
512 permits, and what state incentives and amounts of such
513 incentives may be available to the applicant. The department
514 shall recommend to the executive director to approve or
515 disapprove an applicant business. If review of the application
516 demonstrates that the application is incomplete, the executive
517 director shall notify the applicant business within the first 5
518 business days after receiving the application.
519 (2) Beginning July 1, 2013, the department shall review and
520 evaluate each economic development incentive application for the
521 economic benefits of the proposed award of state incentives
522 proposed for the project. The term “economic benefits” has the
523 same meaning as in s. 288.005. The Office of Economic and
524 Demographic Research shall review and evaluate the methodology
525 and model used to calculate the economic benefits. For purposes
526 of this requirement, an amended definition of economic benefits
527 may be developed in conjunction with the Office of Economic and
528 Demographic Research. The Office of Economic and Demographic
529 Research shall report on the methodology and model by September
530 1, 2013, and every third year thereafter, to the President of
531 the Senate and the Speaker of the House of Representatives.
532 (3) (2) Within 10 business days after the department
533 receives the submitted economic development incentive
534 application, the executive director shall approve or disapprove
535 the application and issue a letter of certification to the
536 applicant which includes a justification of that decision,
537 unless the business requests an extension of that time.
538 (a) The contract or agreement with the applicant must shall
539 specify the total amount of the award, the performance
540 conditions that must be met to obtain the award, the schedule
541 for payment, and sanctions that would apply for failure to meet
542 performance conditions. The department may enter into one
543 agreement or contract covering all of the state incentives that
544 are being provided to the applicant. The contract must provide
545 that release of funds is contingent upon sufficient
546 appropriation of funds by the Legislature.
547 (b) The release of funds for the incentive or incentives
548 awarded to the applicant depends upon the statutory requirements
549 of the particular incentive program, except as provided in
550 subsection (4).
551 (4)(a) In order to receive an incentive under s. 288.1088
552 or s. 288.1089, an applicant must provide the department with a
553 surety bond, issued by an insurer authorized to do business in
554 this state, for the amount of the award under the incentive
555 contract or agreement. Funds may not be paid to an applicant
556 until the department certifies compliance with this subsection.
557 1. The contract or agreement must provide that the bond
558 remain in effect until all performance conditions in the
559 contract or agreement have been satisfied. The department may
560 require the bond to cover the entire amount of the contract or
561 agreement or allow for a bond to be renewed upon the completion
562 of scheduled performance measurements specified in the contract
563 or agreement. The contract or agreement must provide that the
564 release of any funds is contingent upon receipt by the
565 department of the surety bond.
566 2. The contract or agreement must provide that up to half
567 of the premium payment on the surety bond may be paid from the
568 award amount, not to exceed 3 percent of the award.
569 3. The applicant shall notify the department at least 10
570 days before each premium payment is due.
571 4. Any notice of cancellation or nonrenewal issued by an
572 insurer must comply with the notice requirements of s. 626.9201.
573 If the applicant receives a notice of cancellation or
574 nonrenewal, the applicant must immediately notify the
576 5. The cancellation of the surety bond is a violation of
577 the contract or agreement between the applicant and the
578 department. The department is released from any obligation to
579 make future scheduled payments unless the applicant is able to
580 secure a new surety bond or comply with the requirements of
581 paragraphs (b) and (c) within 90 days before the effective date
582 of the cancellation.
583 (b) If an applicant is unable to secure a surety bond or
584 can demonstrate that obtaining a bond is unreasonable in cost,
585 the department may waive the requirements specified in paragraph
586 (a) by certifying in writing to the Governor, President of the
587 Senate, and Speaker of the House of Representatives the
588 following information:
589 1. An explanation stating the reasons why the applicant
590 could not obtain a bond, to the extent such information is not
591 confidential under s. 288.075;
592 2. A description of the economic benefits expected to be
593 generated by the incentive award which indicates that the
594 project warrants waiver of the requirement; and
595 3. An evaluation of the quality and value of the applicant
596 which supports the selection of the alternative securitization
597 under paragraph (c). The department’s evaluation must consider
598 the following information when determining the form for securing
599 the award amount:
600 a. A financial analysis of the company, including an
601 evaluation of the company’s short-term liquidity ratio as
602 measured by its assets to liability, the company’s profitability
603 ratio, and the company’s long-term solvency as measured by its
604 debt-to-equity ratio;
605 b. The historical market performance of the company;
606 c. Any independent evaluations of the company;
607 d. The latest audit of the company’s financial statement
608 and the related auditor’s management letter; and
609 e. Any other types of reports that are related to the
610 internal controls or management of the company.
611 (c)1. If the department grants a waiver under paragraph
612 (b), the incentives contract or agreement must provide for
613 securing the award amount in one of the following forms:
614 a. An irrevocable letter of credit issued by a financial
615 institution, as defined in s. 655.005;
616 b. Cash or securities held in trust by a financial
617 institution, as defined in s. 655.005, and subject to a control
618 agreement; or
619 c. A secured transaction in collateral under the control or
620 possession of the applicant for the value of the award amount.
621 The department is authorized to negotiate the terms and
622 conditions of the security agreement.
623 2. The contract or agreement must provide that the release
624 of any funds is contingent upon the receipt of documentation by
625 the department which satisfies all of the requirements found in
626 this paragraph. Funds may not be paid to the applicant until the
627 department certifies compliance with this subsection.
628 3. The irrevocable letter of credit, trust, or security
629 agreement must remain in effect until all performance conditions
630 specified in the contract or agreement have been satisfied.
631 Failure to comply with this provision results in a violation of
632 the contract or agreement between the applicant and the
633 department and releases the department from any obligation to
634 make future scheduled payments.
635 (d) The department may waive the requirements of paragraphs
636 (a) through (c) by certifying to the Governor and the chair and
637 vice chair of the Legislative Budget Commission the following
639 1. The applicant demonstrates the financial ability to
640 fulfill the requirements of the contract and has submitted an
641 independently audited financial statement for the previous 5
643 2. If applicable, the applicant was previously a recipient
644 of an incentive under an economic development program, was
645 subject to clawback requirements, and timely complied with those
646 provisions; and
647 3. The department has determined that waiver of the
648 requirements of paragraphs (a) through (c) is in the best
649 interest of the state.
650 (e) For waivers granted under paragraph (d), the department
651 shall provide a written description and evaluation of the waiver
652 to the chair and vice chair of the Legislative Budget
653 Commission. Such information may be provided at the same time
654 that the information for the project consultation is provided to
655 the Legislative Budget Commission under s. 288.1088 or s.
656 288.1089. If the chair or vice chair of the Legislative Budget
657 Commission timely advises the department that such action or
658 proposed action exceeds delegated authority or is contrary to
659 legislative policy or intent, the department shall void the
660 waiver until the Legislative Budget Commission or the
661 Legislature addresses the issue. A waiver granted by the
662 department for any project exceeding $5 million must be approved
663 by the Legislative Budget Commission.
664 (f) The provisions of this subsection shall apply to any
665 contract entered into on or after July 1, 2013.
666 (5) In the event of default on the performance conditions
667 specified in the contract or agreement, or violation of any of
668 the provisions found in this section, the state may, in addition
669 to any other remedy provided by law, bring suit to enforce its
671 (6) (3) The department shall validate contractor performance
672 and report . such Such validation shall be reported in the annual
673 incentives incentive report required under s. 288.907.
674 (7) The department is authorized to adopt rules to
675 implement this section.
676 Section 10. Subsection (8) of section 288.0656, Florida
677 Statutes, is amended to read:
678 288.0656 Rural Economic Development Initiative.—
679 (8) REDI shall submit a report to the department Governor,
680 the President of the Senate, and the Speaker of the House of
681 Representatives each year on or before September 1 on all REDI
682 activities for the previous prior fiscal year as a supplement to
683 the department’s annual report required under s. 20.60. This
684 supplementary report must shall include:
685 (a) A status report on all projects currently being
686 coordinated through REDI, the number of preferential awards and
687 allowances made pursuant to this section, the dollar amount of
688 such awards, and the names of the recipients.
689 (b) The report shall also include A description of all
690 waivers of program requirements granted.
691 (c) The report shall also include Information as to the
692 economic impact of the projects coordinated by REDI. , and
693 (d) Recommendations based on the review and evaluation of
694 statutes and rules having an adverse impact on rural
695 communities , and proposals to mitigate such adverse impacts.
696 Section 11. Paragraph (c) of subsection (3) of section
697 288.095, Florida Statutes, is repealed.
698 Section 12. Paragraph (c) of subsection (4) and paragraph
699 (d) of subsection (7) of section 288.106, Florida Statutes, are
700 amended to read:
701 288.106 Tax refund program for qualified target industry
703 (4) APPLICATION AND APPROVAL PROCESS.—
704 (c) Each application meeting the requirements of paragraph
705 (b) must be submitted to the department for determination of
706 eligibility. The department shall review and evaluate each
707 application based on, but not limited to, the following
709 1. Expected contributions to the state’s economy,
710 consistent with the state strategic economic development plan
711 prepared by the department.
712 2. The economic benefits of the proposed award of tax
713 refunds under this section and the economic benefits of state
714 incentives proposed for the project. The term “economic
715 benefits” has the same meaning as in s. 288.005 . The Office of
716 Economic and Demographic Research shall review and evaluate the
717 methodology and model used to calculate the economic benefits
718 and shall report its findings by September 1 of every 3rd year,
719 to the President of the Senate and the Speaker of the House of
721 3. The amount of capital investment to be made by the
722 applicant in this state.
723 4. The local financial commitment and support for the
725 5. The expected effect of the project on the unemployed and
726 underemployed unemployment rate in the county where the project
727 will be located.
728 6. The expected effect of the award on the viability of the
729 project and the probability that the project would be undertaken
730 in this state if such tax refunds are granted to the applicant.
731 7. The expected long-term commitment of the applicant to
732 economic growth and employment in this state resulting from the
734 7. 8. A review of the business’s past activities in this
735 state or other states, including whether the such business has
736 been subjected to criminal or civil fines and penalties and
737 whether the business received economic development incentives in
738 other states and the results of such incentive agreements. This
739 subparagraph does not require the disclosure of confidential
741 (7) ADMINISTRATION.—
742 (d) Beginning with tax refund agreements signed after July
743 1, 2010, the department shall attempt to ascertain the causes
744 for any business’s failure to complete its agreement and shall
745 report its findings and recommendations must be included in the
746 annual incentives report under s. 288.907 to the Governor, the
747 President of the Senate, and the Speaker of the House of
748 Representatives. The report shall be submitted by December 1 of
749 each year beginning in 2011.
750 Section 13. Subsection (8) of section 288.1081, Florida
751 Statutes, is amended to read:
752 288.1081 Economic Gardening Business Loan Pilot Program.—
753 (8) The annual report required under s. 20.60 must describe
754 On June 30 and December 31 of each year, the department shall
755 submit a report to the Governor, the President of the Senate,
756 and the Speaker of the House of Representatives which describes
757 in detail the use of the loan funds. The report must include, at
758 a minimum, the number of businesses receiving loans, the number
759 of full-time equivalent jobs created as a result of the loans,
760 the amount of wages paid to employees in the newly created jobs,
761 the locations and types of economic activity undertaken by the
762 borrowers, the amounts of loan repayments made to date, and the
763 default rate of borrowers.
764 Section 14. Subsection (8) of section 288.1082, Florida
765 Statutes, is amended to read:
766 288.1082 Economic Gardening Technical Assistance Pilot
768 (8) The annual report required under s. 20.60 must describe
769 On December 31 of each year, the department shall submit a
770 report to the Governor, the President of the Senate, and the
771 Speaker of the House of Representatives which describes in
772 detail the progress of the pilot program. The report must
773 include, at a minimum, the number of businesses receiving
774 assistance, the number of full-time equivalent jobs created as a
775 result of the assistance, if any, the amount of wages paid to
776 employees in the newly created jobs, and the locations and types
777 of economic activity undertaken by the businesses.
778 Section 15. Paragraph (e) of subsection (3) of section
779 288.1088, Florida Statutes, is amended to read:
780 288.1088 Quick Action Closing Fund.—
782 (e) The department Enterprise Florida, Inc., shall validate
783 contractor performance and report . such validation in the annual
784 incentives report required under s. 288.907 shall be reported
785 within 6 months after completion of the contract to the
786 Governor, President of the Senate, and the Speaker of the House
787 of Representatives.
788 Section 16. Paragraphs (b) and (d) of subsection (4), and
789 subsections (9) and (11) of section 288.1089, Florida Statutes,
790 are amended to read:
791 288.1089 Innovation Incentive Program.—
792 (4) To qualify for review by the department, the applicant
793 must, at a minimum, establish the following to the satisfaction
794 of the department:
795 (b) A research and development project must:
796 1. Serve as a catalyst for an emerging or evolving
797 technology cluster.
798 2. Demonstrate a plan for significant higher education
800 3. Provide the state, at a minimum, a cumulative break-even
801 economic benefit return on investment within a 20-year period.
802 4. Be provided with a one-to-one match from the local
803 community. The match requirement may be reduced or waived in
804 rural areas of critical economic concern or reduced in rural
805 areas, brownfield areas, and enterprise zones.
806 (d) For an alternative and renewable energy project in this
807 state, the project must:
808 1. Demonstrate a plan for significant collaboration with an
809 institution of higher education;
810 2. Provide the state, at a minimum, a cumulative break-even
811 economic benefit return on investment within a 20-year period;
812 3. Include matching funds provided by the applicant or
813 other available sources. The match requirement may be reduced or
814 waived in rural areas of critical economic concern or reduced in
815 rural areas, brownfield areas, and enterprise zones;
816 4. Be located in this state; and
817 5. Provide at least 35 direct, new jobs that pay an
818 estimated annual average wage that equals at least 130 percent
819 of the average private sector wage.
820 (9) The department shall validate the performance of an
821 innovation business, a research and development facility, or an
822 alternative and renewable energy business that has received an
823 award. At the conclusion of the innovation incentive award
824 agreement, or its earlier termination, the department shall
825 include in the annual incentives report required under s.
826 288.907 a detailed description of , within 90 days, submit a
827 report to the Governor, the President of the Senate, and the
828 Speaker of the House of Representatives detailing whether the
829 recipient of the innovation incentive grant achieved its
830 specified outcomes.
831 (11) (a) The department shall include in submit to the
832 Governor, the President of the Senate, and the Speaker of the
833 House of Representatives, as part of the annual incentives
834 report required under s. 288.907 , a report summarizing the
835 activities and accomplishments of the recipients of grants from
836 the Innovation Incentive Program during the previous 12 months
837 and an evaluation of whether the recipients are catalysts for
838 additional direct and indirect economic development in Florida.
839 (b) Beginning March 1, 2010, and every third year
840 thereafter, the Office of Program Policy Analysis and Government
841 Accountability, in consultation with the Auditor General’s
842 Office, shall release a report evaluating the Innovation
843 Incentive Program’s progress toward creating clusters of high
844 wage, high-skilled, complementary industries that serve as
845 catalysts for economic growth specifically in the regions in
846 which they are located, and generally for the state as a whole.
847 Such report should include critical analyses of quarterly and
848 annual reports, annual audits, and other documents prepared by
849 the Innovation Incentive Program awardees; relevant economic
850 development reports prepared by the department, Enterprise
851 Florida, Inc., and local or regional economic development
852 organizations; interviews with the parties involved; and any
853 other relevant data. Such report should also include legislative
854 recommendations, if necessary, on how to improve the Innovation
855 Incentive Program so that the program reaches its anticipated
856 potential as a catalyst for direct and indirect economic
857 development in this state.
858 Section 17. Subsection (4) of section 288.1226, Florida
859 Statutes, is amended to read:
860 288.1226 Florida Tourism Industry Marketing Corporation;
861 use of property; board of directors; duties; audit.—
862 (4) BOARD OF DIRECTORS.—The board of directors of the
863 corporation shall be composed of the Governor and 31 tourism
864 industry-related members, appointed by Enterprise Florida, Inc.,
865 in conjunction with the department.
866 (a) The Governor shall serve ex officio as a nonvoting
867 member of the board.
868 (b) (a) The board shall consist of 16 members, appointed in
869 such a manner as to equitably represent all geographic areas of
870 the state, with no fewer than two members from any of the
871 following regions:
872 1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
873 Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
874 Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
875 2. Region 2, composed of Alachua, Baker, Bradford, Clay,
876 Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
877 Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
878 Taylor, and Union Counties.
879 3. Region 3, composed of Brevard, Indian River, Lake,
880 Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
881 Volusia Counties.
882 4. Region 4, composed of Citrus, Hernando, Hillsborough,
883 Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
884 5. Region 5, composed of Charlotte, Collier, DeSoto,
885 Glades, Hardee, Hendry, Highlands, and Lee Counties.
886 6. Region 6, composed of Broward, Martin, Miami-Dade,
887 Monroe, and Palm Beach Counties.
888 (c) (b) The 15 additional tourism-industry-related members
889 shall include 1 representative from the statewide rental car
890 industry; 7 representatives from tourist-related statewide
891 associations, including those that represent hotels,
892 campgrounds, county destination marketing organizations,
893 museums, restaurants, retail, and attractions; 3 representatives
894 from county destination marketing organizations; 1
895 representative from the cruise industry; 1 representative from
896 an automobile and travel services membership organization that
897 has at least 2.8 million members in Florida; 1 representative
898 from the airline industry; and 1 representative from the space
899 tourism industry, who will each serve for a term of 2 years.
900 Section 18. Subsection (3) of section 288.1253, Florida
901 Statutes, is amended to read:
902 288.1253 Travel and entertainment expenses.—
903 (3) The Office of Film and Entertainment department shall
904 include in the annual report for the entertainment industry
905 financial incentive program required under s. 288.1254(10) a
906 prepare an annual report of the office’s expenditures of the
907 Office of Film and Entertainment and provide such report to the
908 Legislature no later than December 30 of each year for the
909 expenditures of the previous fiscal year. The report must shall
910 consist of a summary of all travel, entertainment, and
911 incidental expenses incurred within the United States and all
912 travel, entertainment, and incidental expenses incurred outside
913 the United States, as well as a summary of all successful
914 projects that developed from such travel.
915 Section 19. Subsection (10) of section 288.1254, Florida
916 Statutes, is amended to read:
917 288.1254 Entertainment industry financial incentive
919 (10) ANNUAL REPORT.—Each November 1 October 1, the Office
920 of Film and Entertainment shall submit provide an annual report
921 for the previous fiscal year to the Governor, the President of
922 the Senate, and the Speaker of the House of Representatives
923 which outlines the incentive program’s return on investment and
924 economic benefits to the state. The report must shall also
925 include an estimate of the full-time equivalent positions
926 created by each production that received tax credits under this
927 section and information relating to the distribution of
928 productions receiving credits by geographic region and type of
929 production. The report must also include the expenditures report
930 required under s. 288.1253(3) and the information describing the
931 relationship between tax exemptions and incentives to industry
932 growth required under s. 288.1258(5).
933 Section 20. Subsection (5) of section 288.1258, Florida
934 Statutes, is amended to read:
935 288.1258 Entertainment industry qualified production
936 companies; application procedure; categories; duties of the
937 Department of Revenue; records and reports.—
938 (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
939 INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The Office of Film
940 and Entertainment shall keep annual records from the information
941 provided on taxpayer applications for tax exemption certificates
942 beginning January 1, 2001. These records also must shall reflect
943 a ratio of the annual amount of sales and use tax exemptions
944 under this section, plus the incentives awarded pursuant to s.
945 288.1254 to the estimated amount of funds expended by certified
946 productions. In addition, the office shall maintain data showing
947 annual growth in Florida-based entertainment industry companies
948 and entertainment industry employment and wages. The employment
949 information must shall include an estimate of the full-time
950 equivalent positions created by each production that received
951 tax credits pursuant to s. 288.1254. The Office of Film and
952 Entertainment shall include report this information in the
953 annual report for the entertainment industry financial incentive
954 program required under s. 288.1254(10) to the Legislature no
955 later than December 1 of each year.
956 Section 21. Subsection (3) of section 288.714, Florida
957 Statutes, is amended to read:
958 288.714 Quarterly and annual reports.—
959 (3) By August 31 of each year, The department shall include
960 in its annual report required under s. 20.60 provide to the
961 Governor, the President of the Senate, and the Speaker of the
962 House of Representatives a detailed report of the performance of
963 the Black Business Loan Program. The report must include a
964 cumulative summary of the quarterly report data compiled
965 pursuant to required by subsection (2) (1).
966 Section 22. Section 288.7771, Florida Statutes, is amended
967 to read:
968 288.7771 Annual report of Florida Export Finance
969 Corporation.—The corporation shall annually prepare and submit
970 to Enterprise Florida, Inc., the department for inclusion in its
971 annual report required under s. 288.906 by s. 288.095 a complete
972 and detailed report setting forth:
973 (1) The report required in s. 288.776(3).
974 (2) Its assets and liabilities at the end of its most
975 recent fiscal year.
976 Section 23. Subsections (3), (4), and (5) of section
977 288.903, Florida Statutes, are amended to read:
978 288.903 Duties of Enterprise Florida, Inc.—Enterprise
979 Florida, Inc., shall have the following duties:
980 (3) Prepare an annual report pursuant to s. 288.906.
981 (4) Prepare, in conjunction with the department, and an
982 annual incentives report pursuant to s. 288.907.
983 (5) (4) Assist the department with the development of an
984 annual and a long-range strategic business blueprint for
985 economic development required in s. 20.60.
986 (6) (5) In coordination with Workforce Florida, Inc.,
987 identify education and training programs that will ensure
988 Florida businesses have access to a skilled and competent
989 workforce necessary to compete successfully in the domestic and
990 global marketplace.
991 Section 24. Subsection (6) of section 288.904, Florida
992 Statutes, is repealed.
993 Section 25. Subsection (3) is added to section 288.906,
994 Florida Statutes, to read:
995 288.906 Annual report of Enterprise Florida, Inc., and its
996 divisions; audits.—
997 (3) The following reports must be included as supplements
998 to the detailed report required by this section:
999 (a) The annual report of the Florida Export Finance
1000 Corporation required under s. 288.7771.
1001 (b) The report on international offices required under s.
1003 Section 26. Section 288.907, Florida Statutes, is amended
1004 to read:
1005 288.907 Annual incentives report.—
1006 (1) By December 30 of each year, In addition to the annual
1007 report required under s. 288.906 , Enterprise Florida, Inc., in
1008 conjunction with the department, by December 30 of each year,
1009 shall provide the Governor, the President of the Senate, and the
1010 Speaker of the House of Representatives a detailed incentives
1011 report quantifying the economic benefits for all of the economic
1012 development incentive programs marketed by Enterprise Florida,
1014 (a) The annual incentives report must include:
1015 (1) For each incentive program:
1016 (a) 1. A brief description of the incentive program.
1017 (b) 2. The amount of awards granted, by year, since
1018 inception and the annual amount actually transferred from the
1019 state treasury to businesses or for the benefit of businesses
1020 for each of the previous 3 years.
1021 3. The economic benefits, as defined in s. 288.005 , based
1022 on the actual amount of private capital invested, actual number
1023 of jobs created, and actual wages paid for incentive agreements
1024 completed during the previous 3 years.
1025 (c) 4. The report shall also include The actual amount of
1026 private capital invested, actual number of jobs created, and
1027 actual wages paid for incentive agreements completed during the
1028 previous 3 years for each target industry sector.
1029 (2) (b) For projects completed during the previous state
1030 fiscal year , the report must include:
1031 (a) 1. The number of economic development incentive
1032 applications received.
1033 (b) 2. The number of recommendations made to the department
1034 by Enterprise Florida, Inc., including the number recommended
1035 for approval and the number recommended for denial.
1036 (c) 3. The number of final decisions issued by the
1037 department for approval and for denial.
1038 (d) 4. The projects for which a tax refund, tax credit, or
1039 cash grant agreement was executed, identifying for each project:
1040 1. a. The number of jobs committed to be created.
1041 2. b. The amount of capital investments committed to be
1043 3. c. The annual average wage committed to be paid.
1044 4. d. The amount of state economic development incentives
1045 committed to the project from each incentive program under the
1046 project’s terms of agreement with the Department of Economic
1048 5. e. The amount and type of local matching funds committed
1049 to the project.
1050 (e) Tax refunds paid or other payments made funded out of
1051 the Economic Development Incentives Account for each project.
1052 (f) The types of projects supported.
1053 (3) (c) For economic development projects that received tax
1054 refunds, tax credits, or cash grants under the terms of an
1055 agreement for incentives , the report must identify:
1056 (a) 1. The number of jobs actually created.
1057 (b) 2. The amount of capital investments actually made.
1058 (c) 3. The annual average wage paid.
1059 (4) (d) For a project receiving economic development
1060 incentives approved by the department and receiving federal or
1061 local incentives, the report must include a description of the
1062 federal or local incentives, if available.
1063 (5) (e) The report must state the number of withdrawn or
1064 terminated projects that did not fulfill the terms of their
1065 agreements with the department and, consequently, are not
1066 receiving incentives.
1067 (6) For any agreements signed after July 1, 2010, findings
1068 and recommendations on the efforts of the department to
1069 ascertain the causes of any business’s inability to complete its
1070 agreement made under s. 288.106.
1071 (7) (f) The amount report must include an analysis of the
1072 economic benefits, as defined in s. 288.005 , of tax refunds, tax
1073 credits, or other payments made to projects locating or
1074 expanding in state enterprise zones, rural communities,
1075 brownfield areas, or distressed urban communities. The report
1076 must include a separate analysis of the impact of such tax
1077 refunds on state enterprise zones designated under s. 290.0065,
1078 rural communities, brownfield areas, and distressed urban
1080 (8) The name of and tax refund amount for each business
1081 that has received a tax refund under s. 288.1045 or s. 288.106
1082 during the preceding fiscal year.
1083 (9) (g) An identification of The report must identify the
1084 target industry businesses and high-impact businesses.
1085 (10) (h) A description of The report must describe the
1086 trends relating to business interest in, and usage of, the
1087 various incentives, and the number of minority-owned or woman
1088 owned businesses receiving incentives.
1089 (l1) (i) An identification of The report must identify
1090 incentive programs not used and recommendations for program
1091 changes or program elimination utilized.
1092 (12) Information related to the validation of contractor
1093 performance required under s. 288.061.
1094 (13) Beginning in 2014, a summation of the activities
1095 related to the Florida Space Business Incentives Act.
1096 (2) The Division of Strategic Business Development within
1097 the department shall assist Enterprise Florida, Inc., in the
1098 preparation of the annual incentives report.
1099 Section 27. Subsection (3) of section 288.92, Florida
1100 Statutes, is amended to read:
1101 288.92 Divisions of Enterprise Florida, Inc.—
1102 (3) By October 15 each year, Each division shall draft and
1103 submit an annual report for inclusion in the report required
1104 under 288.906 which details the division’s activities during the
1105 previous prior fiscal year and includes any recommendations for
1106 improving current statutes related to the division’s related
1107 area of responsibility.
1108 Section 28. Subsection (5) of section 288.95155, Florida
1109 Statutes, is amended to read:
1110 288.95155 Florida Small Business Technology Growth
1112 (5) Enterprise Florida, Inc., shall prepare for inclusion
1113 in the annual report of the department required under s. 288.907
1114 by s. 288.095 a report on the financial status of the program.
1115 The report must specify the assets and liabilities of the
1116 program within the current fiscal year and must include a
1117 portfolio update that lists all of the businesses assisted, the
1118 private dollars leveraged by each business assisted, and the
1119 growth in sales and in employment of each business assisted.
1120 Section 29. Subsection (11) of section 290.0056, Florida
1121 Statutes, is amended to read:
1122 290.0056 Enterprise zone development agency.—
1123 (11) Before October 1 December 1 of each year, the agency
1124 shall submit to the department for inclusion in the annual
1125 report required under s. 20.60 a complete and detailed written
1126 report setting forth:
1127 (a) Its operations and accomplishments during the fiscal
1129 (b) The accomplishments and progress concerning the
1130 implementation of the strategic plan or measurable goals, and
1131 any updates to the strategic plan or measurable goals.
1132 (c) The number and type of businesses assisted by the
1133 agency during the fiscal year.
1134 (d) The number of jobs created within the enterprise zone
1135 during the fiscal year.
1136 (e) The usage and revenue impact of state and local
1137 incentives granted during the calendar year.
1138 (f) Any other information required by the department.
1139 Section 30. Section 290.014, Florida Statutes, is amended
1140 to read:
1141 290.014 Annual reports on enterprise zones.—
1142 (1) By October 1 February 1 of each year, the Department of
1143 Revenue shall submit an annual report to the department
1144 detailing the usage and revenue impact by county of the state
1145 incentives listed in s. 290.007.
1146 (2) By March 1 of each year, the department shall submit an
1147 annual report to the Governor, the Speaker of the House of
1148 Representatives, and the President of the Senate. The annual
1149 report required under s. 20.60 shall include the information
1150 provided by the Department of Revenue pursuant to subsection (1)
1151 and the information provided by enterprise zone development
1152 agencies pursuant to s. 290.0056. In addition, the report shall
1153 include an analysis of the activities and accomplishments of
1154 each enterprise zone.
1155 Section 31. Section 290.0411, Florida Statutes, is amended
1156 to read:
1157 290.0411 Legislative intent and purpose of ss. 290.0401
1158 290.048.—It is the intent of the Legislature to provide the
1159 necessary means to develop, preserve, redevelop, and revitalize
1160 Florida communities exhibiting signs of decline, or distress, or
1161 economic need by enabling local governments to undertake the
1162 necessary community and economic development programs. The
1163 overall objective is to create viable communities by eliminating
1164 slum and blight, fortifying communities in urgent need,
1165 providing decent housing and suitable living environments, and
1166 expanding economic opportunities, principally for persons of low
1167 or moderate income. The purpose of ss. 290.0401-290.048 is to
1168 assist local governments in carrying out effective community and
1169 economic development and project planning and design activities
1170 to arrest and reverse community decline and restore community
1171 vitality. Community development and project planning activities
1172 to maintain viable communities, revitalize existing communities,
1173 expand economic development and employment opportunities, and
1174 improve housing conditions and expand housing opportunities,
1175 providing direct benefit to persons of low or moderate income,
1176 are the primary purposes of ss. 290.0401-290.048. The
1177 Legislature, therefore, declares that the development,
1178 redevelopment, preservation, and revitalization of communities
1179 in this state and all the purposes of ss. 290.0401-290.048 are
1180 public purposes for which public money may be borrowed,
1181 expended, loaned, pledged to guarantee loans, and granted.
1182 Section 32. Subsections (1) and (6) of section 290.042,
1183 Florida Statutes, are amended to read:
1184 290.042 Definitions relating to Florida Small Cities
1185 Community Development Block Grant Program Act.—As used in ss.
1186 290.0401-290.048, the term:
1187 (1) “Administrative closeout” means the notification of a
1188 grantee by the department that all applicable administrative
1189 actions and all required work of an existing the grant have been
1190 completed with the exception of the final audit.
1191 (6) “Person of low or moderate income” means any person who
1192 meets the definition established by the department in accordance
1193 with the guidelines established in Title I of the Housing and
1194 Community Development Act of 1974, as amended, and the
1195 definition of the term “low- and moderate-income person” as
1196 provided in 24 C.F.R. s. 570.3.
1197 Section 33. Subsections (2), (3), and (4) of section
1198 290.044, Florida Statutes, are amended to read:
1199 290.044 Florida Small Cities Community Development Block
1200 Grant Program Fund; administration; distribution.—
1201 (2) The department shall adopt rules establishing
1202 guidelines for the distribution of distribute such funds as loan
1203 guarantees and grants to eligible local governments through on
1204 the basis of a competitive selection process.
1205 (3) The department shall define the broad community
1206 development objectives consistent with national objectives
1207 established by 42 U.S.C. s. 5304 and 24 C.F.R. s. 570.483
1208 objective to be achieved through the distribution of block grant
1209 funds under this section. by the activities in each of the
1210 following grant program categories, and require applicants for
1211 grants to compete against each other in these grant program
1213 (a) Housing.
1214 (b) Economic development.
1215 (c) Neighborhood revitalization.
1216 (d) Commercial revitalization.
1217 (e) Project planning and design.
1218 (4) The department may set aside an amount of up to 5
1219 percent of the funds annually for use in any eligible local
1220 government jurisdiction for which an emergency or natural
1221 disaster has been declared by executive order. Such funds may
1222 only be provided to a local government to fund eligible
1223 emergency-related activities but must not be provided unless for
1224 which no other source of federal, state, or local disaster funds
1225 is available. The department may provide for such set-aside by
1226 rule. In the last quarter of the state fiscal year, any funds
1227 not allocated under the emergency-related set-aside must shall
1228 be distributed to unfunded applications from the most recent
1229 funding cycle.
1230 Section 34. Section 290.0455, Florida Statutes, is amended
1231 to read:
1232 290.0455 Small Cities Community Development Block Grant
1233 Loan Guarantee Program; Section 108 loan guarantees.—
1234 (1) The Small Cities Community Development Block Grant Loan
1235 Guarantee Program is created. The department shall administer
1236 the loan guarantee program pursuant to Section 108 s. 108 of
1237 Title I of the Housing and Community Development Act of 1974, as
1238 amended, and as further amended by s. 910 of the Cranston
1239 Gonzalez National Affordable Housing Act. The purpose of the
1240 Small Cities Community Development Block Grant Loan Guarantee
1241 Program is to guarantee, or to make commitments to guarantee,
1242 notes or other obligations issued by public entities for the
1243 purposes of financing activities enumerated in 24 C.F.R. s.
1245 (2) Activities assisted under the loan guarantee program
1246 must meet the requirements contained in 24 C.F.R. ss. 570.700
1247 570.710 and may not otherwise be financed in whole or in part
1248 from the Florida Small Cities Community Development Block Grant
1250 (3) The department may pledge existing revenues on deposit
1251 or future revenues projected to be available for deposit in the
1252 Florida Small Cities Community Development Block Grant Program
1253 in order to guarantee , in whole or in part, the payment of
1254 principal and interest on a Section 108 loan made under the loan
1255 guarantee program.
1256 (4) An applicant approved by the United States Department
1257 of Housing and Urban Development to receive a Section 108 loan
1258 shall enter into an agreement with the Department of Economic
1259 Opportunity which requires the applicant to pledge half of the
1260 amount necessary to guarantee the loan in the event of default.
1261 (5) The department shall review all Section 108 loan
1262 applications that it receives from local governments. The
1263 department shall review the applications must submit all
1264 applications it receives to the United States Department of
1265 Housing and Urban Development for loan approval, in the order
1266 received, subject to a determination by the department
1267 determining that each the application meets all eligibility
1268 requirements contained in 24 C.F.R. ss. 570.700-570.710 , and has
1269 been deemed financially feasible by a loan underwriter approved
1270 by the department. If the statewide maximum available for loan
1271 guarantee commitments established in subsection (6) has not been
1272 committed, the department may submit the Section 108 loan
1273 application to the United States Department of Housing and Urban
1274 Development with a recommendation that the loan be approved,
1275 with or without conditions, or be denied provided that the
1276 applicant has submitted the proposed activity to a loan
1277 underwriter to document its financial feasibility.
1278 (6) (5) The maximum amount of an individual loan guarantee
1279 commitment that an commitments that any eligible local
1280 government may receive is may be limited to $5 $7 million
1281 pursuant to 24 C.F.R. s. 570.705 , and the maximum amount of loan
1282 guarantee commitments statewide may not exceed an amount equal
1283 to two five times the amount of the most recent grant received
1284 by the department under the Florida Small Cities Community
1285 Development Block Grant Program. The $5 million loan guarantee
1286 limit does not apply to loans guaranteed prior to July 1, 2013,
1287 that may be refinanced.
1288 (7) (6) Section 108 loans guaranteed by the Small Cities
1289 Community Development Block Grant Program loan guarantee program
1290 must be repaid within 20 years.
1291 (8) (7) Section 108 loan applicants must demonstrate
1292 guarantees may be used for an activity only if the local
1293 government provides evidence to the department that the
1294 applicant investigated alternative financing services were
1295 investigated and the services were unavailable or insufficient
1296 to meet the financing needs of the proposed activity.
1297 (9) If a local government defaults on a Section 108 loan
1298 received from the United States Department of Housing and Urban
1299 Development and guaranteed through the Florida Small Cities
1300 Community Development Block Grant Program, thereby requiring the
1301 department to reduce its annual grant award in order to pay the
1302 annual debt service on the loan, any future community
1303 development block grants that the local government receives must
1304 be reduced in an amount equal to the amount of the state’s grant
1305 award used in payment of debt service on the loan.
1306 (10) If a local government receives a Section 108 loan
1307 guaranteed through the Florida Small Cities Community
1308 Development Block Grant Program and is granted entitlement
1309 community status as defined in subpart D of 24 C.F.R. part 570
1310 by the United States Department of Housing and Urban Development
1311 before paying the loan in full, the local government must pledge
1312 its community development block grant entitlement allocation as
1313 a guarantee of its previous loan and request that the United
1314 States Department of Housing and Urban Development release the
1315 department as guarantor of the loan.
1316 (8) The department must, before approving an application
1317 for a loan, evaluate the applicant’s prior administration of
1318 block grant funds for community development. The evaluation of
1319 past performance must take into account the procedural aspects
1320 of previous grants or loans as well as substantive results. If
1321 the department finds that any applicant has failed to
1322 substantially accomplish the results proposed in the applicant’s
1323 last previously funded application, the department may prohibit
1324 the applicant from receiving a loan or may penalize the
1325 applicant in the rating of the current application.
1326 Section 35. Section 290.046, Florida Statutes, is amended
1327 to read:
1328 (Substantial rewording of section. See
1329 s. 290.046, F.S., for present text.)
1330 290.046 Applications for grants; procedures; requirements.—
1331 (1) The department shall adopt rules establishing
1332 application procedures.
1333 (2)(a) Except for economic development projects, each local
1334 government that is eligible by rule to apply for a grant during
1335 an application cycle may submit one application for a
1336 noneconomic development project during the application cycle. A
1337 local government that is eligible by rule to apply for an
1338 economic development grant may apply up to three times each
1339 funding cycle for an economic development grant and may have
1340 more than one open economic development grant.
1341 (b) The department shall establish minimum criteria
1342 pertaining to the number of jobs created for persons of low or
1343 moderate income, the degree of private sector financial
1344 commitment, the economic feasibility of the proposed project,
1345 and any other criteria the department deems appropriate.
1346 (c) The department may not award a grant until the
1347 department has completed a site visit to verify the information
1348 contained in the application.
1349 (3)(a) The department shall adopt rules establishing
1350 criteria for evaluating applications received during each
1351 application cycle and the department must rank each application
1352 in accordance with those rules. Such rules must allow the
1353 department to consider relevant factors, including, but not
1354 limited to, community need, unemployment, poverty levels, low
1355 and moderate income populations, health and safety, and the
1356 condition of physical structures. The department shall
1357 incorporate into its ranking system a procedure intended to
1358 eliminate or reduce any existing population-related bias that
1359 places exceptionally small communities at a disadvantage in the
1360 competition for funds.
1361 (b) Project funding must be determined by the rankings
1362 established in each application cycle. If economic development
1363 funding remains available after the application cycle closes,
1364 funding will be awarded to eligible projects on a first-come,
1365 first-served basis until funding for this category is fully
1367 (4) In order to provide the public with information
1368 concerning an applicant’s proposed program before an application
1369 is submitted to the department, the applicant shall, for each
1370 funding cycle:
1371 (a) Conduct an initial public hearing to inform the public
1372 of funding opportunities available to meet community needs and
1373 eligible activities and to solicit public input on community
1375 (b) Publish a summary of the proposed application which
1376 affords the public an opportunity to examine the contents of the
1377 application and submit comments.
1378 (c) Conduct a second public hearing to obtain public
1379 comments on the proposed application and make appropriate
1380 modifications to the application.
1381 Section 36. Section 290.047, Florida Statutes, is amended
1382 to read:
1383 (Substantial rewording of section. See
1384 s. 290.047, F.S., for present text.)
1385 290.047 Establishment of grant ceilings and maximum
1386 administrative cost percentages.—
1387 (1) The department shall adopt rules to establish:
1388 (a) Grant ceilings.
1389 (b) The maximum percentage of block grant funds that may be
1390 spent on administrative costs by an eligible local government.
1391 (c) Grant administration procurement procedures for
1392 eligible local governments.
1393 (2) An eligible local government may not contract with the
1394 same individual or business entity for more than one service to
1395 be performed in connection with a community development block
1396 grant, including, but not limited to, application preparation
1397 services, administrative services, architectural and engineering
1398 services, and construction services, unless it can be
1399 demonstrated by the eligible local government that the
1400 individual or business entity is the sole source of the service
1401 or is the responsive proposer whose proposal is determined in
1402 writing from a competitive process to be the most advantageous
1403 to the local government.
1404 (3) The maximum amount of block grant funds that may be
1405 spent on architectural and engineering costs by an eligible
1406 local government must be determined by a methodology adopted by
1407 the department by rule.
1408 Section 37. Section 290.0475, Florida Statutes, is amended
1409 to read:
1410 290.0475 Rejection of grant applications; penalties for
1411 failure to meet application conditions.—Applications received
1412 for funding are ineligible if under all program categories shall
1413 be rejected without scoring only in the event that any of the
1414 following circumstances arise:
1415 (1) The application is not received by the department by
1416 the application deadline.
1417 (2) The proposed project does not meet one of the three
1418 national objectives as described contained in s. 290.044(3)
1419 federal and state legislation.
1420 (3) The proposed project is not an eligible activity as
1421 contained in the federal legislation.
1422 (4) The application is not consistent with the local
1423 government’s comprehensive plan adopted pursuant to s. 163.3184.
1424 (5) The applicant has an open community development block
1425 grant, except as provided in s. 290.046(2)(a) and department
1426 rule s. 290.046 (2)(c).
1427 (6) The local government is not in compliance with the
1428 citizen participation requirements prescribed in ss. 104(a)(1)
1429 and (2) and 106(d)(5)(c) of Title I of the Housing and Community
1430 Development Act of 1984, s. 290.046(4), and department rule
1432 (7) Any information provided in the application that
1433 affects eligibility or scoring is found to have been
1434 misrepresented, and the information is not a mathematical error
1435 which may be discovered and corrected by readily computing
1436 available numbers or formulas provided in the application.
1437 Section 38. Subsections (5), (6), and (7) of section
1438 290.048, Florida Statutes, are amended to read:
1439 290.048 General powers of department under ss. 290.0401
1440 290.048.—The department has all the powers necessary or
1441 appropriate to carry out the purposes and provisions of the
1442 program, including the power to:
1443 (5) Adopt and enforce strict requirements concerning an
1444 applicant’s written description of a service area. Each such
1445 description shall contain maps which illustrate the location of
1446 the proposed service area. All such maps must be clearly legible
1447 and must:
1448 (a) Contain a scale which is clearly marked on the map.
1449 (b) Show the boundaries of the locality.
1450 (c) Show the boundaries of the service area where the
1451 activities will be concentrated.
1452 (d) Display the location of all proposed area activities.
1453 (e) Include the names of streets, route numbers, or easily
1454 identifiable landmarks where all service activities are located.
1455 (5) (6) Pledge community development block grant revenues
1456 from the Federal Government in order to guarantee notes or other
1457 obligations of a public entity which are approved pursuant to s.
1459 (7) Establish an advisory committee of no more than 13
1460 members to solicit participation in designing, administering,
1461 and evaluating the program and in linking the program with other
1462 housing and community development resources.
1463 Section 39. Subsection (11) of section 331.3051, Florida
1464 Statutes, is amended to read:
1465 331.3051 Duties of Space Florida.—Space Florida shall:
1466 (11) Annually report on its performance with respect to its
1467 business plan, to include finance, spaceport operations,
1468 research and development, workforce development, and education.
1469 Space Florida shall submit the report shall be submitted to the
1470 Governor, the President of the Senate, and the Speaker of the
1471 House of Representatives by November 30 no later than September
1472 1 for the previous prior fiscal year. The annual report must
1473 include operations information as required under s.
1475 Section 40. Paragraph (e) of subsection (2) of section
1476 331.310, Florida Statutes, is amended to read:
1477 331.310 Powers and duties of the board of directors.—
1478 (2) The board of directors shall:
1479 (e) Prepare an annual report of operations as a supplement
1480 to the annual report required under s. 331.3051(11). The report
1481 must shall include, but not be limited to, a balance sheet, an
1482 income statement, a statement of changes in financial position,
1483 a reconciliation of changes in equity accounts, a summary of
1484 significant accounting principles, the auditor’s report, a
1485 summary of the status of existing and proposed bonding projects,
1486 comments from management about the year’s business, and
1487 prospects for the next year , which shall be submitted each year
1488 by November 30 to the Governor, the President of the Senate, the
1489 Speaker of the House of Representatives, the minority leader of
1490 the Senate, and the minority leader of the House of
1492 Section 41. Paragraphs (a) and (e) of subsection (30) of
1493 section 443.036, Florida Statutes, is amended to read:
1494 443.036 Definitions.—As used in this chapter, the term:
1495 (30) “Misconduct,” irrespective of whether the misconduct
1496 occurs at the workplace or during working hours, includes, but
1497 is not limited to, the following, which may not be construed in
1498 pari materia with each other:
1499 (a) Conduct demonstrating conscious disregard of an
1500 employer’s interests and found to be a deliberate violation or
1501 disregard of the reasonable standards of behavior which the
1502 employer expects of his or her employee. Such conduct may
1503 include, but is not limited to, willful damage to an employer’s
1504 property that results in damage of more than $50; or theft of
1505 employer property or property of a customer or invitee of the
1507 (e)1. A violation of an employer’s rule, unless the
1508 claimant can demonstrate that:
1509 a. 1. He or she did not know, and could not reasonably know,
1510 of the rule’s requirements;
1511 b. 2. The rule is not lawful or not reasonably related to
1512 the job environment and performance; or
1513 c. 3. The rule is not fairly or consistently enforced.
1514 2. Such conduct may include, but is not limited to,
1515 committing criminal assault or battery on another employee, or
1516 on a customer or invitee of the employer; or committing abuse or
1517 neglect of a patient, resident, disabled person, elderly person,
1518 or child in her or his professional care.
1519 Section 42. Paragraphs (b), (c), and (d) of subsection (1)
1520 of section 443.091, Florida Statutes, are amended to read:
1521 443.091 Benefit eligibility conditions.—
1522 (1) An unemployed individual is eligible to receive
1523 benefits for any week only if the Department of Economic
1524 Opportunity finds that:
1525 (b) She or he has completed the department’s online work
1526 registration registered with the department for work and
1527 subsequently reports to the one-stop career center as directed
1528 by the regional workforce board for reemployment services. This
1529 requirement does not apply to persons who are:
1530 1. Non-Florida residents;
1531 2. On a temporary layoff;
1532 3. Union members who customarily obtain employment through
1533 a union hiring hall; or
1534 4. Claiming benefits under an approved short-time
1535 compensation plan as provided in s. 443.1116.
1536 5. Unable to complete the online work registration due to
1537 illiteracy, physical or mental impairment, a legal prohibition
1538 from using a computer, or a language impediment. If a person is
1539 exempted from the online work registration under this
1540 subparagraph, then the filing of his or her claim constitutes
1541 registration for work.
1542 (c) To make continued claims for benefits, she or he is
1543 reporting to the department in accordance with this paragraph
1544 and department rules, and participating in an initial skills
1545 review, as directed by the department. Department rules may not
1546 conflict with s. 443.111(1)(b), which requires that each
1547 claimant continue to report regardless of any pending appeal
1548 relating to her or his eligibility or disqualification for
1550 1. For each week of unemployment claimed, each report must,
1551 at a minimum, include the name, address, and telephone number of
1552 each prospective employer contacted, or the date the claimant
1553 reported to a one-stop career center, pursuant to paragraph (d).
1554 2. The administrator or operator of the initial skills
1555 review shall notify the department when the individual completes
1556 the initial skills review and report the results of the review
1557 to the regional workforce board or the one-stop career center as
1558 directed by the workforce board. The department shall prescribe
1559 a numeric score on the initial skills review that demonstrates a
1560 minimal proficiency in workforce skills. The department,
1561 workforce board, or one-stop career center shall use the initial
1562 skills review to develop a plan for referring individuals to
1563 training and employment opportunities. The failure of the
1564 individual to comply with this requirement will result in the
1565 individual being determined ineligible for benefits for the week
1566 in which the noncompliance occurred and for any subsequent week
1567 of unemployment until the requirement is satisfied. However,
1568 this requirement does not apply if the individual is able to
1569 affirmatively attest to being unable to complete such review due
1570 to illiteracy or a language impediment or is exempt from the
1571 work registration requirement as set forth in paragraph (b).
1572 3. Any individual who falls below the minimal proficiency
1573 score prescribed by the department in subparagraph 2. on the
1574 initial skills review shall be offered training opportunities
1575 and encouraged to participate in such training at no cost to the
1576 individual in order to improve his or her workforce skills to
1577 the minimal proficiency level.
1578 4. The department shall coordinate with Workforce Florida,
1579 Inc., the workforce boards, and the one-stop career centers to
1580 identify, develop, and utilize best practices for improving the
1581 skills of individuals who choose to participate in training
1582 opportunities and who have a minimal proficiency score below the
1583 score prescribed in subparagraph 2.
1584 5. The department, in coordination with Workforce Florida,
1585 Inc., the workforce boards, and the one-stop career centers,
1586 shall evaluate the use, effectiveness, and costs associated with
1587 the training prescribed in subparagraph 3. and report its
1588 findings and recommendations for training and the use of best
1589 practices to the Governor, the President of the Senate, and the
1590 Speaker of the House of Representatives by January 1, 2013.
1591 (d) She or he is able to work and is available for work. In
1592 order to assess eligibility for a claimed week of unemployment,
1593 the department shall develop criteria to determine a claimant’s
1594 ability to work and availability for work. A claimant must be
1595 actively seeking work in order to be considered available for
1596 work. This means engaging in systematic and sustained efforts to
1597 find work, including contacting at least five prospective
1598 employers for each week of unemployment claimed. The department
1599 may require the claimant to provide proof of such efforts to the
1600 one-stop career center as part of reemployment services. A
1601 claimant’s proof of efforts may not include the same prospective
1602 employer at the same location for the duration of benefits,
1603 unless the employer has indicated since the time of the initial
1604 contact that the employer is hiring. The department shall
1605 conduct random reviews of work search information provided by
1606 claimants. As an alternative to contacting at least five
1607 prospective employers for any week of unemployment claimed, a
1608 claimant may, for that same week, report in person to a one-stop
1609 career center to meet with a representative of the center and
1610 access reemployment services of the center. The center shall
1611 keep a record of the services or information provided to the
1612 claimant and shall provide the records to the department upon
1613 request by the department. However:
1614 1. Notwithstanding any other provision of this paragraph or
1615 paragraphs (b) and (e), an otherwise eligible individual may not
1616 be denied benefits for any week because she or he is in training
1617 with the approval of the department, or by reason of s.
1618 443.101(2) relating to failure to apply for, or refusal to
1619 accept, suitable work. Training may be approved by the
1620 department in accordance with criteria prescribed by rule. A
1621 claimant’s eligibility during approved training is contingent
1622 upon satisfying eligibility conditions prescribed by rule.
1623 2. Notwithstanding any other provision of this chapter, an
1624 otherwise eligible individual who is in training approved under
1625 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
1626 determined ineligible or disqualified for benefits due to
1627 enrollment in such training or because of leaving work that is
1628 not suitable employment to enter such training. As used in this
1629 subparagraph, the term “suitable employment” means work of a
1630 substantially equal or higher skill level than the worker’s past
1631 adversely affected employment, as defined for purposes of the
1632 Trade Act of 1974, as amended, the wages for which are at least
1633 80 percent of the worker’s average weekly wage as determined for
1634 purposes of the Trade Act of 1974, as amended.
1635 3. Notwithstanding any other provision of this section, an
1636 otherwise eligible individual may not be denied benefits for any
1637 week because she or he is before any state or federal court
1638 pursuant to a lawfully issued summons to appear for jury duty.
1639 4. Union members who customarily obtain employment through
1640 a union hiring hall may satisfy the work search requirements of
1641 this paragraph by reporting daily to their union hall.
1642 5. The work search requirements of this paragraph do not
1643 apply to persons who are unemployed as a result of a temporary
1644 layoff or who are claiming benefits under an approved short-time
1645 compensation plan as provided in s. 443.1116.
1646 6. In small counties as defined in s. 120.52(19), a
1647 claimant engaging in systematic and sustained efforts to find
1648 work must contact at least three prospective employers for each
1649 week of unemployment claimed.
1650 7. The work search requirements of this paragraph do not
1651 apply to persons required to participate in reemployment
1652 services under paragraph (e).
1653 Section 43. Subsection (13) is added to section 443.101,
1654 Florida Statutes, to read:
1655 443.101 Disqualification for benefits.—An individual shall
1656 be disqualified for benefits:
1657 (13) For any week with respect to which the department
1658 finds that his or her unemployment is due to a discharge from
1659 employment for failure without good cause to maintain a license,
1660 registration, or certification required by applicable law
1661 necessary for the employee to perform her or his assigned job
1662 duties. For purposes of this paragraph, the term “good cause”
1663 includes, but is not limited to, failure of the employer to
1664 submit information required for a license, registration, or
1665 certification; short-term physical injury which prevents the
1666 employee from completing or taking a required test; and
1667 inability to take or complete a required test that is outside
1668 the employee’s control.
1669 Section 44. Paragraph (b) of subsection (4) of section
1670 443.1113, Florida Statutes, is amended to read:
1671 443.1113 Reemployment Assistance Claims and Benefits
1672 Information System.—
1673 (4) The project to implement the Reemployment Assistance
1674 Claims and Benefits Information System is shall be comprised of
1675 the following phases and corresponding implementation
1677 (b) The Reemployment Assistance Claims and Benefits
1678 Internet portal that replaces the Florida Unemployment Internet
1679 Direct and the Florida Continued Claims Internet Directory
1680 systems, the Call Center Interactive Voice Response System, the
1681 Benefit Overpayment Screening System, the Internet and Intranet
1682 Appeals System, and the Claims and Benefits Mainframe System
1683 shall be deployed to full operational status no later than the
1684 end of fiscal year 2013-2014 2012-2013.
1685 Section 45. Subsection (5) of section 443.131, Florida
1686 Statutes, is amended to read:
1687 443.131 Contributions.—
1688 (5) ADDITIONAL RATE FOR INTEREST ON FEDERAL ADVANCES.—
1689 (a) When the Unemployment Compensation Trust Fund has
1690 received advances from the Federal Government under the
1691 provisions of 42 U.S.C. s. 1321, each contributing employer
1692 shall be assessed an additional rate solely for the purpose of
1693 paying interest due on such federal advances. The additional
1694 rate shall be assessed no later than February 1 in each calendar
1695 year in which an interest payment is due.
1696 (b) The Revenue Estimating Conference shall estimate the
1697 amount of such interest due on federal advances by no later than
1698 December 1 of the calendar year before preceding the calendar
1699 year in which an interest payment is due. The Revenue Estimating
1700 Conference shall, at a minimum, consider the following as the
1701 basis for the estimate:
1702 1. The amounts actually advanced to the trust fund.
1703 2. Amounts expected to be advanced to the trust fund based
1704 on current and projected unemployment patterns and employer
1706 3. The interest payment due date.
1707 4. The interest rate that will be applied by the Federal
1708 Government to any accrued outstanding balances.
1709 (c) (b) The tax collection service provider shall calculate
1710 the additional rate to be assessed against contributing
1711 employers. The additional rate assessed for a calendar year is
1712 shall be determined by dividing the estimated amount of interest
1713 to be paid in that year by 95 percent of the taxable wages as
1714 described in s. 443.1217 paid by all employers for the year
1715 ending June 30 of the previous immediately preceding calendar
1716 year. The amount to be paid by each employer is shall be the
1717 product obtained by multiplying such employer’s taxable wages as
1718 described in s. 443.1217 for the year ending June 30 of the
1719 previous immediately preceding calendar year by the rate as
1720 determined by this subsection. An assessment may not be made if
1721 the amount of assessments on deposit from previous years, plus
1722 any earned interest, is at least 80 percent of the estimated
1723 amount of interest.
1724 (d) The tax collection service provider shall make a
1725 separate collection of such assessment, which may be collected
1726 at the time of employer contributions and subject to the same
1727 penalties for failure to file a report, imposition of the
1728 standard rate pursuant to paragraph (3)(h), and interest if the
1729 assessment is not received on or before June 30. Section
1730 443.141(1)(d) and (e) does not apply to this separately
1731 collected assessment. The tax collection service provider shall
1732 maintain those funds in the tax collection service provider’s
1733 Audit and Warrant Clearing Trust Fund until the provider is
1734 directed by the Governor or the Governor’s designee to make the
1735 interest payment to the Federal Government. Assessments on
1736 deposit must be available to pay the interest on advances
1737 received from the Federal Government under 42 U.S.C. s. 1321.
1738 Assessments on deposit may be invested and any interest earned
1739 shall be part of the balance available to pay the interest on
1740 advances received from the Federal Government under 42 U.S.C. s.
1742 (e) Four months after In the calendar year that all
1743 advances from the Federal Government under 42 U.S.C. s. 1321 and
1744 associated interest are repaid, if there are assessment funds in
1745 excess of the amount required to meet the final interest
1746 payment, any such excess assessed funds in the Audit and Warrant
1747 Clearing Trust Fund, including associated interest, shall be
1748 transferred to credited to employer accounts in the Unemployment
1749 Compensation Trust Fund. Any assessment amounts subsequently
1750 collected shall also be transferred to the Unemployment
1751 Compensation Trust Fund in an amount equal to the employer’s
1752 contribution to the assessment for that year divided by the
1753 total amount of the assessment for that year, the result of
1754 which is multiplied by the amount of excess assessed funds.
1755 (f) If However, if the state is permitted to defer interest
1756 payments due during a calendar year under 42 U.S.C. s. 1322,
1757 payment of the interest assessment is shall not be due. If a
1758 deferral of interest expires or is subsequently disallowed by
1759 the Federal Government, either prospectively or retroactively,
1760 the interest assessment shall be immediately due and payable.
1761 Notwithstanding any other provision of this section, if interest
1762 due during a calendar year on federal advances is forgiven or
1763 postponed under federal law and is no longer due during that
1764 calendar year, no interest assessment shall be assessed against
1765 an employer for that calendar year, and any assessment already
1766 assessed and collected against an employer before the
1767 forgiveness or postponement of the interest for that calendar
1768 year shall be credited to such employer’s account in the
1769 Unemployment Compensation Trust Fund. However, such funds may be
1770 used only to pay benefits or refunds of erroneous contributions.
1771 (g) This subsection expires July 1, 2014.
1772 Section 46. Paragraph (b) of subsection (2) and paragraph
1773 (a) of subsection (6) of section 443.151, Florida Statutes, are
1774 amended to read:
1775 443.151 Procedure concerning claims.—
1776 (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
1777 CLAIMANTS AND EMPLOYERS.—
1778 (b) Process.—When the Reemployment Assistance Claims and
1779 Benefits Information System described in s. 443.1113 is fully
1780 operational, the process for filing claims must incorporate the
1781 process for registering for work with the workforce information
1782 systems established pursuant to s. 445.011. Unless exempted
1783 under s. 443.091(1)(b)5., a claim for benefits may not be
1784 processed until the work registration requirement is satisfied.
1785 The department may adopt rules as necessary to administer the
1786 work registration requirement set forth in this paragraph.
1787 (6) RECOVERY AND RECOUPMENT.—
1788 (a) Any person who, by reason of her or his fraud, receives
1789 benefits under this chapter to which she or he is not entitled
1790 is liable for repaying those benefits to the Department of
1791 Economic Opportunity on behalf of the trust fund or, in the
1792 discretion of the department, to have those benefits deducted
1793 from future benefits payable to her or him under this chapter.
1794 In addition, the department shall impose upon the claimant a
1795 penalty equal to 15 percent of the amount overpaid. To enforce
1796 this paragraph, the department must find the existence of fraud
1797 through a redetermination or decision under this section within
1798 2 years after the fraud was committed. Any recovery or
1799 recoupment of benefits must be commenced within 7 years after
1800 the redetermination or decision.
1801 Section 47. Effective January 1, 2014, paragraph (a) of
1802 subsection (4) of section 443.151, Florida Statutes, is amended
1803 to read:
1804 (4) APPEALS.—
1805 (a) Appeals referees.—The Department of Economic
1806 Opportunity shall appoint one or more impartial salaried appeals
1807 referees in accordance with s. 443.171(3) to hear and decide
1808 appealed claims. An appeals referee must be an attorney in good
1809 standing with the Florida Bar, or must be successfully admitted
1810 to the Florida Bar within 8 months of his or her date of
1811 employment. A person may not participate on behalf of the
1812 department as an appeals referee in any case in which she or he
1813 is an interested party. The department may designate alternates
1814 to serve in the absence or disqualification of any appeals
1815 referee on a temporary basis. These alternates must have the
1816 same qualifications required of appeals referees. The department
1817 shall provide the commission and the appeals referees with
1818 proper facilities and assistance for the execution of their
1820 Section 48. A person who is an employee of the Department
1821 of Economic Opportunity as of the effective date of this act who
1822 acts as an appeals referee and who has received the degree of
1823 Bachelor of Laws or Juris Doctor from a law school accredited by
1824 the American Bar Association, but is not licensed with the
1825 Florida Bar, must become successfully admitted to the Florida
1826 Bar by September 30, 2014.
1827 Section 49. Subsection (1) of section 443.1715, Florida
1828 Statutes, is amended to read:
1829 443.1715 Disclosure of information; confidentiality.—
1830 (1) RECORDS AND REPORTS.—Information revealing an employing
1831 unit’s or individual’s identity obtained from the employing unit
1832 or any individual under the administration of this chapter, and
1833 any determination revealing that information, is confidential
1834 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1835 Constitution. This confidential information may be released in
1836 accordance with the provisions in 20 C.F.R. part 603. A person
1837 receiving confidential information who violates this subsection
1838 commits a misdemeanor of the second degree, punishable as
1839 provided in s. 775.082 or s. 775.083. The Department of Economic
1840 Opportunity or its tax collection service provider may, however,
1841 furnish to any employer copies of any report submitted by that
1842 employer upon the request of the employer and may furnish to any
1843 claimant copies of any report submitted by that claimant upon
1844 the request of the claimant. The department or its tax
1845 collection service provider may charge a reasonable fee for
1846 copies of these reports as prescribed by rule, which may not
1847 exceed the actual reasonable cost of the preparation of the
1848 copies. Fees received for copies under this subsection must be
1849 deposited in the Employment Security Administration Trust Fund.
1850 Section 50. Subsection (1) of section 443.191, Florida
1851 Statutes, is amended to read:
1852 443.191 Unemployment Compensation Trust Fund; establishment
1853 and control.—
1854 (1) There is established, as a separate trust fund apart
1855 from all other public funds of this state, an Unemployment
1856 Compensation Trust Fund, which shall be administered by the
1857 Department of Economic Opportunity exclusively for the purposes
1858 of this chapter. The fund must shall consist of:
1859 (a) All contributions and reimbursements collected under
1860 this chapter;
1861 (b) Interest earned on any moneys in the fund;
1862 (c) Any property or securities acquired through the use of
1863 moneys belonging to the fund;
1864 (d) All earnings of these properties or securities;
1865 (e) All money credited to this state’s account in the
1866 federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
1867 1103; and
1868 (f) All money collected for penalties imposed pursuant to
1869 s. 443.151(6)(a); and
1870 (g) Advances on the amount in the federal Unemployment
1871 Compensation Trust Fund credited to the state under 42 U.S.C. s.
1872 1321, as requested by the Governor or the Governor’s designee.
1874 Except as otherwise provided in s. 443.1313(4), all moneys in
1875 the fund must shall be mingled and undivided.
1876 Section 51. Paragraph (b) of subsection (3) and subsection
1877 (4) of section 446.50, Florida Statutes, are amended to read:
1878 446.50 Displaced homemakers; multiservice programs; report
1879 to the Legislature; Displaced Homemaker Trust Fund created.—
1880 (3) POWERS AND DUTIES OF THE DEPARTMENT OF ECONOMIC
1882 (b)1. The department shall enter into contracts with, and
1883 make grants to, public and nonprofit private entities for
1884 purposes of establishing multipurpose service programs for
1885 displaced homemakers under this section. Such grants and
1886 contracts must shall be awarded pursuant to chapter 287 and
1887 based on criteria established in the program state plan as
1888 provided in subsection (4) developed pursuant to this section.
1889 The department shall designate catchment areas that together,
1890 must shall compose the entire state, and, to the extent possible
1891 from revenues in the Displaced Homemaker Trust Fund, the
1892 department shall contract with, and make grants to, entities
1893 that will serve entire catchment areas so that displaced
1894 homemaker service programs are available statewide. These
1895 catchment areas must shall be coterminous with the state’s
1896 workforce development regions. The department may give priority
1897 to existing displaced homemaker programs when evaluating bid
1898 responses to the request for proposals.
1899 2. In order to receive funds under this section, and unless
1900 specifically prohibited by law from doing so, an entity that
1901 provides displaced homemaker service programs must receive at
1902 least 25 percent of its funding from one or more local,
1903 municipal, or county sources or nonprofit private sources. In
1904 kind contributions may be evaluated by the department and
1905 counted as part of the required local funding.
1906 3. The department shall require an entity that receives
1907 funds under this section to maintain appropriate data to be
1908 compiled in an annual report to the department. Such data must
1909 shall include, but is shall not be limited to, the number of
1910 clients served, the units of services provided, designated
1911 client-specific information including intake and outcome
1912 information specific to each client, costs associated with
1913 specific services and program administration, total program
1914 revenues by source and other appropriate financial data, and
1915 client followup information at specified intervals after the
1916 placement of a displaced homemaker in a job.
1917 (4) DISPLACED HOMEMAKER PROGRAM STATE PLAN.—
1918 (a) The Department of Economic Opportunity shall include in
1919 its annual report required under s. 20.60 a develop a 3-year
1920 state plan for the displaced homemaker program which shall be
1921 updated annually. The plan must address, at a minimum, the need
1922 for programs specifically designed to serve displaced
1923 homemakers, any necessary service components for such programs
1924 in addition to those described enumerated in this section, goals
1925 of the displaced homemaker program with an analysis of the
1926 extent to which those goals are being met, and recommendations
1927 for ways to address any unmet program goals. Any request for
1928 funds for program expansion must be based on the state plan.
1929 (b) The displaced homemaker program Each annual update must
1930 address any changes in the components of the 3-year state plan
1931 and a report that must include, but need not be limited to, the
1933 (a) 1. The scope of the incidence of displaced homemakers;
1934 (b) 2. A compilation and report, by program, of data
1935 submitted to the department pursuant to subparagraph (3)(b)3.
1936 subparagraph 3. by funded displaced homemaker service programs;
1937 (c) 3. An identification and description of the programs in
1938 the state which receive funding from the department, including
1939 funding information; and
1940 (d) 4. An assessment of the effectiveness of each displaced
1941 homemaker service program based on outcome criteria established
1942 by rule of the department.
1943 (c) The 3-year state plan must be submitted to the
1944 President of the Senate, the Speaker of the House of
1945 Representatives, and the Governor on or before January 1, 2001,
1946 and annual updates of the plan must be submitted by January 1 of
1947 each subsequent year.
1948 Section 52. Except as otherwise expressly provided in this
1949 act, this act shall take effect upon this act becoming law.
1951 ================= T I T L E A M E N D M E N T ================
1952 And the title is amended as follows:
1953 Delete everything before the enacting clause
1954 and insert:
1955 A bill to be entitled
1956 An act relating to the Department of Economic
1957 Opportunity; establishing the Economic Development
1958 Programs Evaluation; requiring the Office of Economic
1959 and Demographic Research and the Office of Program
1960 Policy Analysis and Government Accountability to
1961 present the evaluation; requiring the offices to
1962 develop and submit a work plan for completing the
1963 evaluation by a certain date; requiring the offices to
1964 provide an analysis of certain economic development
1965 programs and specifying a schedule; requiring the
1966 Office of Economic and Demographic Research to make
1967 certain evaluations in its analysis; limiting the
1968 office’s evaluation for the purposes of tax credits,
1969 tax refunds, sales tax exemptions, cash grants, and
1970 similar programs; requiring the office to use a
1971 certain model to evaluate each program; requiring the
1972 Office of Program Policy Analysis and Government
1973 Accountability to make certain evaluations in its
1974 analysis; providing the offices access to all data
1975 necessary to complete the evaluation; amending s.
1976 20.60, F.S.; revising the date on which the Department
1977 of Economic Opportunity and Enterprise Florida, Inc.,
1978 are required to report on the business climate and
1979 economic development in the state; specifying reports
1980 and information that must be included; amending s.
1981 201.15, F.S.; revising the distribution of funds in
1982 the Grants and Donations Trust Fund; amending s.
1983 213.053, F.S.; authorizing the Department of Revenue
1984 to make certain information available to the director
1985 of the Office of Program Policy Analysis and
1986 Government Accountability and the coordinator of the
1987 Office of Economic and Demographic Research;
1988 authorizing the offices to share certain information;
1989 amending s. 220.194, F.S.; requiring the annual report
1990 for the Florida Space Business Incentives Act to be
1991 included in the annual incentives report; deleting
1992 certain reporting requirements; amending s. 288.001,
1993 F.S.; providing a network purpose; providing
1994 definitions; requiring the statewide director and the
1995 network to operate the program in compliance with
1996 federal laws and regulations and a Board of Governors
1997 regulation; requiring the statewide director to
1998 consult with the Board of Governors, the Department of
1999 Economic Opportunity, and the network’s statewide
2000 advisory board to establish certain policies and
2001 goals; requiring the network to maintain a statewide
2002 advisory board; providing for advisory board
2003 membership; providing for terms of membership;
2004 providing for certain member reimbursement; requiring
2005 the director to develop support services; specifying
2006 support service requirements; requiring businesses
2007 that receive support services to participate in
2008 certain assessments; requiring the network to provide
2009 a match equal to certain state funding; providing
2010 criteria for the match; requiring the statewide
2011 director to coordinate with the host institution to
2012 establish a pay-per-performance incentive; providing
2013 for pay-per-performance incentive funding and
2014 distribution; providing a distribution formula
2015 requirement; requiring the statewide director to
2016 coordinate with the advisory board to distribute funds
2017 for certain purposes and develop programs to
2018 distribute funds for those purposes; requiring the
2019 network to announce available funding, performance
2020 expectations, and other requirements; requiring the
2021 statewide director to present applications and
2022 recommendations to the advisory board; requiring
2023 applications approved by the advisory board to be
2024 publicly posted; providing minimum requirements for a
2025 program; prohibiting certain regional small business
2026 development centers from receiving funds; providing
2027 that match funding may not be reduced for regional
2028 small business development centers receiving
2029 additional funds; requiring the statewide director to
2030 regularly update the Board of Governors, the
2031 department, and the advisory board with certain
2032 information; requiring the statewide director, in
2033 coordination with the advisory board, to annually
2034 report certain information to the President of the
2035 Senate and the Speaker of the House of
2036 Representatives; amending s. 288.005, F.S.; providing
2037 a definition; amending s. 288.012, F.S.; requiring
2038 each State of Florida international office to submit a
2039 report to Enterprise Florida, Inc., for inclusion in
2040 its annual report; deleting a reporting date; amending
2041 s. 288.061, F.S.; requiring the Department of Economic
2042 Opportunity to analyze each economic development
2043 incentive application; requiring an applicant to
2044 provide a surety bond to the Department of Economic
2045 Opportunity before the applicant receives incentive
2046 awards through the Quick Action Closing Fund or the
2047 Innovation Incentive Program; requiring the contract
2048 or agreement to provide that the bond remain in effect
2049 until all conditions have been satisfied; providing
2050 that the department may require the bond to cover the
2051 entire contracted amount or allow for bonds to be
2052 renewed upon completion of certain performance
2053 measures; requiring the contract or agreement to
2054 provide that funds are contingent upon receipt of the
2055 surety bond; requiring the contract or agreement to
2056 provide that up to half of the premium payment on the
2057 bond may be paid from the award up to a certain
2058 amount; requiring an applicant to notify the
2059 department of premium payments; providing for certain
2060 notice requirements upon cancellation or nonrenewal by
2061 an insurer; providing that the cancellation of the
2062 surety bond violates the contract or agreement;
2063 providing an exception; providing for a waiver if
2064 certain information is provided; providing that if the
2065 department grants a waiver, the contract or agreement
2066 must provide for securing the award in a certain form;
2067 requiring the contract or agreement to provide that
2068 the release of funds is contingent upon satisfying
2069 certain requirements; requiring the irrevocable letter
2070 of credit, trust, or security agreement to remain in
2071 effect until certain conditions have been satisfied;
2072 providing for a waiver of the surety bond or other
2073 security if certain information is provided and the
2074 department determines it to be in the best interest of
2075 the state; providing that the waiver of the surety
2076 bond or other security, for funding in excess of $5
2077 million, must be approved by the Legislative Budget
2078 Commission; providing that the state may bring suit
2079 upon default or upon a violation of this section;
2080 providing that the department may adopt rules to
2081 implement this section; amending s. 288.0656, F.S.;
2082 requiring the Rural Economic Development Initiative to
2083 submit a report to supplement the Department of
2084 Economic Opportunity’s annual report; deleting certain
2085 reporting requirements; repealing s. 288.095(3)(c),
2086 F.S., relating to the annual report by Enterprise
2087 Florida, Inc., of programs funded by the Economic
2088 Development Incentives Account; amending s. 288.106,
2089 F.S.; deleting and adding provisions relating to the
2090 application and approval process of the tax refund
2091 program for qualified target industry businesses;
2092 requiring the Department of Economic Opportunity to
2093 include information on qualified target industry
2094 businesses in the annual incentives report; deleting
2095 certain reporting requirements; amending s. 288.1081,
2096 F.S.; requiring the use of loan funds from the
2097 Economic Gardening Business Loan Pilot Program to be
2098 included in the department’s annual report; deleting
2099 certain reporting requirements; amending s. 288.1082,
2100 F.S.; requiring the progress of the Economic Gardening
2101 Technical Assistance Pilot Program to be included in
2102 the department’s annual report; deleting certain
2103 reporting requirements; amending s. 288.1088, F.S.;
2104 requiring the department to validate contractor
2105 performance for the Quick Action Closing Fund and
2106 include the performance validation in the annual
2107 incentives report; deleting certain reporting
2108 requirements; amending s. 288.1089, F.S.; requiring
2109 that certain projects in the Innovation Incentive
2110 Program provide a cumulative break-even economic
2111 benefit; requiring the department to report
2112 information relating to the Innovation Incentive
2113 Program in the annual incentives report; deleting
2114 certain reporting requirements; deleting provisions
2115 that require the Office of Program Policy Analysis and
2116 Government Accountability and the Auditor General’s
2117 Office to report on the Innovation Incentive Program;
2118 amending s. 288.1226, F.S.; revising membership of the
2119 board of directors of the Florida Tourism Industry
2120 Marketing Corporation; providing that the Governor
2121 shall serve as a nonvoting member; amending s.
2122 288.1253, F.S.; revising a reporting date; requiring
2123 expenditures of the Office of Film and Entertainment
2124 to be included in the annual entertainment industry
2125 financial incentive program report; amending s.
2126 288.1254, F.S.; revising a reporting date; requiring
2127 the annual entertainment industry financial incentive
2128 program report to include certain information;
2129 amending s. 288.1258, F.S.; revising a reporting date;
2130 requiring the report detailing the relationship
2131 between tax exemptions and incentives to industry
2132 growth to be included in the annual entertainment
2133 industry financial incentive program report; amending
2134 s. 288.714, F.S.; requiring the Department of Economic
2135 Opportunity’s annual report to include a report on the
2136 Black Business Loan Program; deleting certain
2137 reporting requirements; amending s. 288.7771, F.S.;
2138 requiring the Florida Export Finance Corporation to
2139 submit a report to Enterprise Florida, Inc.; amending
2140 s. 288.903, F.S.; requiring Enterprise Florida, Inc.,
2141 with the Department of Economic Opportunity, to
2142 prepare an annual incentives report; repealing s.
2143 288.904(6), F.S., relating to Enterprise Florida,
2144 Inc., which requires the department to report the
2145 return on the public’s investment; amending s.
2146 288.906, F.S.; requiring certain reports to be
2147 included in the Enterprise Florida, Inc., annual
2148 report; amending s. 288.907, F.S.; requiring
2149 Enterprise Florida, Inc., with the Department of
2150 Economic Opportunity, to prepare the annual incentives
2151 report; requiring the annual incentives report to
2152 include certain information; deleting a provision
2153 requiring the Division of Strategic Business
2154 Development to assist Enterprise Florida, Inc., with
2155 the report; 288.92, F.S.; requiring each division of
2156 Enterprise Florida, Inc., to submit a report; amending
2157 s. 288.95155, F.S.; requiring the financial status of
2158 the Florida Small Business Technology Growth Program
2159 to be included in the annual incentives report;
2160 amending s. 290.0056, F.S.; revising a reporting date;
2161 requiring the enterprise zone development agency to
2162 submit certain information for the Department of
2163 Economic Opportunity’s annual report; amending s.
2164 290.014, F.S.; revising a reporting date; requiring
2165 certain reports on enterprise zones to be included in
2166 the Department of Economic Opportunity’s annual
2167 report; amending ss. 290.0411 and 290.042, F.S.;
2168 revising legislative intent and definitions applicable
2169 to the Florida Small Cities Community Development
2170 Block Grant Program Act; amending s. 290.044, F.S.;
2171 requiring the department to adopt rules for the
2172 distribution of block grant funds to eligible local
2173 governments; deleting authority for block grant funds
2174 to be distributed as loan guarantees to local
2175 governments; requiring that block grant funds be
2176 distributed to achieve the department’s community
2177 development objectives; requiring such objectives to
2178 be consistent with certain national objectives;
2179 amending s. 290.0455, F.S.; providing for the state’s
2180 guarantee of certain federal loans to local
2181 governments; requiring applicants for such loans to
2182 pledge a specified amount of revenues to guarantee the
2183 loans; revising requirements for the department to
2184 submit recommendations to the Federal Government for
2185 such loans; revising the maximum amount of the loan
2186 guarantee commitment that a local government may
2187 receive and providing exceptions; providing for
2188 reduction of a local government’s future community
2189 development block grants if the local government
2190 defaults on the federal loan; providing procedures if
2191 a local government is granted entitlement community
2192 status; amending s. 290.046, F.S.; revising
2193 application requirements for community development
2194 block grants and procedures for the ranking of
2195 applications and the determination of project funding;
2196 amending s. 290.047, F.S.; revising requirements for
2197 the establishment of grant ceilings and maximum
2198 expenditures on administrative costs from community
2199 development block grants; limiting an eligible local
2200 government’s authority to contract for specified
2201 services in connection with community development
2202 block grants; amending s. 290.0475, F.S.; revising
2203 conditions under which grant applications are
2204 ineligible for funding; amending 290.048, F.S.;
2205 revising the department’s duties to administer the
2206 Small Cities Community Development Block Grant Loan
2207 Guarantee Program; deleting provisions authorizing the
2208 establishment of an advisory committee; amending ss.
2209 331.3051 and 331.310, F.S.; revising requirements for
2210 annual reports by Space Florida; amending s. 443.036,
2211 F.S.; providing examples of misconduct; amending s.
2212 443.091, F.S.; providing for online work registration
2213 and providing exceptions; limiting a claimant’s use of
2214 the same prospective employer to meet work search
2215 requirements; providing an exception; providing that
2216 work search requirements do not apply to individuals
2217 required to participate in reemployment services;
2218 amending s. 443.101, F.S.; providing for
2219 disqualification in any week with respect to which the
2220 department finds that his or her unemployment is due
2221 to failure without good cause to maintain a license,
2222 registration, or certification required by applicable
2223 law necessary for the employee to perform her or his
2224 assigned job duties; providing examples of “good
2225 cause”; amending s. 443.1113, F.S., relating to the
2226 Reemployment Assistance Claims and Benefits
2227 Information System; revising timeframe for deployment
2228 of a certain Internet portal as part of such system;
2229 amending s. 443.131, F.S.; requiring the tax
2230 collection service provider to calculate a certain
2231 additional rate; providing for when an assessment may
2232 not be made; requiring assessments to be available to
2233 pay interest on federal advances; requiring certain
2234 excess funds to be transferred to the Unemployment
2235 Compensation Trust Fund after a certain time period;
2236 deleting the provision referring to crediting employer
2237 accounts; providing an expiration date; amending ss.
2238 443.151 F.S.; revising provisions to conform to
2239 changes made to benefit eligibility; requiring the
2240 department to impose a penalty against a claimant who
2241 is overpaid reemployment assistance benefits due to
2242 fraud by the claimant; requiring an appeals referee to
2243 be an attorney in good standing with the Florida Bar
2244 or successfully admitted within 8 months of hire;
2245 providing for a person who is an appeals referee as of
2246 the effective date of this act to become licensed by
2247 the Florida Bar by September 30, 2014; amending s.
2248 443.1715, F.S.; prohibiting the unlawful disclosure of
2249 certain confidential information relating to employing
2250 units and individuals under the Reemployment
2251 Assistance Program Law; providing criminal penalties;
2252 amending 443.191, F.S.; providing for the deposit of
2253 moneys recovered and penalties collected due to fraud
2254 in the Unemployment Compensation Trust Fund; amending
2255 s. 446.50, F.S.; requiring the Department of Economic
2256 Opportunity’s annual report to include a plan for the
2257 displaced homemaker program; deleting certain
2258 reporting requirements; providing effective dates.