Florida Senate - 2013                             CS for SB 1024
       By the Committees on Community Affairs; and Commerce and Tourism
       578-02025-13                                          20131024c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Economic
    3         Opportunity; amending ss. 20.60, 288.906, and 288.907,
    4         F.S.; revising requirements for various annual reports
    5         submitted to the Governor and Legislature, including
    6         the annual report of the Department of Economic
    7         Opportunity, the annual report of Enterprise Florida,
    8         Inc., and the annual incentives report; consolidating
    9         the reporting requirements for various economic
   10         development programs into these annual reports;
   11         amending ss. 220.194, 288.012, 288.061, and 288.0656,
   12         F.S.; conforming provisions to changes made by the
   13         act; amending s. 288.095, F.S.; deleting requirements
   14         for an annual report related to certain payments made
   15         from the Economic Development Incentives Account of
   16         the Economic Development Trust Fund; amending ss.
   17         288.106, 288.1081, 288.1082, 288.1088, and 288.1089,
   18         F.S.; conforming provisions to changes made by the
   19         act; amending s. 288.1226, F.S.; revising membership
   20         of the board of directors of the Florida Tourism
   21         Industry Marketing Corporation; providing that the
   22         Governor shall serve as a nonvoting member; amending
   23         ss. 288.1253, 288.1254, and 288.1258, F.S.; revising
   24         requirements for annual reports by the Office of Film
   25         and Entertainment; amending ss. 288.714 and 288.7771,
   26         F.S.; conforming provisions to changes made by the
   27         act; amending s. 288.903, F.S.; revising the duties of
   28         Enterprise Florida, Inc., with respect to preparation
   29         of the annual incentives report; amending ss. 288.92,
   30         288.95155, 290.0056, and 290.014, F.S.; conforming
   31         provisions to changes made by the act; amending ss.
   32         290.0411 and 290.042, F.S.; revising legislative
   33         intent and definitions applicable to the Florida Small
   34         Cities Community Development Block Grant Program Act;
   35         amending s. 290.044, F.S.; requiring the department to
   36         adopt rules for the distribution of block grant funds
   37         to eligible local governments; deleting authority for
   38         block grant funds to be distributed as loan guarantees
   39         to local governments; requiring that block grant funds
   40         be distributed to achieve the department’s community
   41         development objectives; requiring such objectives to
   42         be consistent with certain national objectives;
   43         amending s. 290.0455, F.S.; providing for the state’s
   44         guarantee of certain federal loans to local
   45         governments; requiring applicants for such loans to
   46         pledge a specified amount of revenues to guarantee the
   47         loans; revising requirements for the department to
   48         submit recommendations to the Federal Government for
   49         such loans; revising the maximum amount of the loan
   50         guarantee commitment that a local government may
   51         receive and providing exceptions; providing for
   52         reduction of a local government’s future community
   53         development block grants if the local government
   54         defaults on the federal loan; providing procedures if
   55         a local government is granted entitlement community
   56         status; amending s. 290.046, F.S.; revising
   57         application requirements for community development
   58         block grants and procedures for the ranking of
   59         applications and the determination of project funding;
   60         amending s. 290.047, F.S.; revising requirements for
   61         the establishment of grant ceilings and maximum
   62         expenditures on administrative costs from community
   63         development block grants; limiting an eligible local
   64         government’s authority to contract for specified
   65         services in connection with community development
   66         block grants; amending s. 290.0475, F.S.; revising
   67         conditions under which grant applications are
   68         ineligible for funding; amending 290.048, F.S.;
   69         revising the department’s duties to administer the
   70         Small Cities Community Development Block Grant Loan
   71         Guarantee Program; deleting provisions authorizing the
   72         establishment of an advisory committee; amending ss.
   73         331.3051 and 331.310, F.S.; revising requirements for
   74         annual reports by Space Florida; amending s.443.091,
   75         F.S.; providing for online work registration and
   76         providing exceptions; amending s. 443.1113, F.S.,
   77         relating to the Reemployment Assistance Claims and
   78         Benefits Information System; revising timeframe for
   79         deployment of a certain Internet portal as part of
   80         such system; amending s. 443.131, F.S.; revising
   81         requirements for the estimate of interest due on
   82         advances received from the Federal Government to the
   83         Unemployment Compensation Trust Fund and the
   84         calculation of additional assessments to contributing
   85         employers to repay the interest; providing an
   86         exemption from such additional assessments; amending
   87         ss. 443.151 and 443.191, F.S.; revising provisions to
   88         conform to changes made to benefit eligibility;
   89         requiring the department to impose a penalty against a
   90         claimant who is overpaid reemployment assistance
   91         benefits due to fraud by the claimant and providing
   92         for deposit of moneys collected for such penalties in
   93         the Unemployment Compensation Trust Fund; amending s.
   94         443.1715, F.S.; prohibiting the unlawful disclosure of
   95         certain confidential information relating to employing
   96         units and individuals under the Reemployment
   97         Assistance Program Law; providing criminal penalties;
   98         amending s. 446.50, F.S.; conforming provisions to
   99         changes made by the act; providing an effective date.
  101  Be It Enacted by the Legislature of the State of Florida:
  103         Section 1. Subsection (10) of section 20.60, Florida
  104  Statutes, is amended to read:
  105         20.60 Department of Economic Opportunity; creation; powers
  106  and duties.—
  107         (10) The department, with assistance from Enterprise
  108  Florida, Inc., shall, by November 1 January 1 of each year,
  109  submit an annual report to the Governor, the President of the
  110  Senate, and the Speaker of the House of Representatives on the
  111  condition of the business climate and economic development in
  112  the state. The report must shall include the identification of
  113  problems and a prioritized list of recommendations. The report
  114  must also include the following information from reports of
  115  other programs, including:
  116         (a) Information from the displaced homemaker program plan
  117  required under s. 446.50.
  118         (b) Information from the report on the usage and revenue
  119  impact by county of state incentives required under s. 290.014,
  120  and from the report of each enterprise zone development agency
  121  required under s. 290.0056. The report must include an analysis
  122  of the activities and accomplishments of each enterprise zone.
  123         (c)Information from the report on the use of loan funds
  124  awarded pursuant to the Economic Gardening Business Loan Pilot
  125  Program required under s. 288.1081(8) and from the report on the
  126  progress of the Economic Gardening Technical Assistance Pilot
  127  Program required under s. 288.1082(8).
  128         (d) Information from the report of the performance of the
  129  Black Business Loan Program and a cumulative summary of
  130  quarterly report data required under s. 288.714.
  131         (e) Information from the report of all Rural Economic
  132  Development Initiative activities required under s. 288.0656.
  133         Section 2. Subsection (3) is added to section 288.906,
  134  Florida Statutes, to read:
  135         288.906 Annual report of Enterprise Florida, Inc., and its
  136  divisions; audits.—
  137         (3) The following reports must be included as supplements
  138  to the detailed report required by this section:
  139         (a) The annual report of the Florida Export Finance
  140  Corporation required under s. 288.7771.
  141         (b) The report on the state’s international offices
  142  required under s. 288.012.
  143         Section 3. Subsection (1) of section 288.907, Florida
  144  Statutes, is amended to read:
  145         288.907 Annual incentives report.—
  146         (1) In addition to the annual report required under s.
  147  288.906, Enterprise Florida, Inc., in conjunction with the
  148  department, shall, by December 30 of each year, submit an annual
  149  incentives report to shall provide the Governor, the President
  150  of the Senate, and the Speaker of the House of Representatives
  151  which details and quantifies a detailed incentives report
  152  quantifying the economic benefits for all of the economic
  153  development incentive programs marketed by Enterprise Florida,
  154  Inc.
  155         (a) The annual incentives report must include for each
  156  incentive program:
  157         1. A brief description of the incentive program.
  158         2. The amount of awards granted, by year, since inception.
  159         3. The economic benefits, as defined in s. 288.005, based
  160  on the actual amount of private capital invested, actual number
  161  of jobs created, and actual wages paid for incentive agreements
  162  completed during the previous 3 years.
  163         4. The report shall also include The actual amount of
  164  private capital invested, actual number of jobs created, and
  165  actual wages paid for incentive agreements completed during the
  166  previous 3 years for each target industry sector.
  167         (b) For projects completed during the previous state fiscal
  168  year, the report must include:
  169         1. The number of economic development incentive
  170  applications received.
  171         2. The number of recommendations made to the department by
  172  Enterprise Florida, Inc., including the number recommended for
  173  approval and the number recommended for denial.
  174         3. The number of final decisions issued by the department
  175  for approval and for denial.
  176         4. The projects for which a tax refund, tax credit, or cash
  177  grant agreement was executed and, identifying for each project:
  178         a. The number of jobs committed to be created.
  179         b. The amount of capital investments committed to be made.
  180         c. The annual average wage committed to be paid.
  181         d. The amount of state economic development incentives
  182  committed to the project from each incentive program under the
  183  project’s terms of agreement with the Department of Economic
  184  Opportunity.
  185         e. The amount and type of local matching funds committed to
  186  the project.
  187         5. Tax refunds paid or other payments made funded out of
  188  the Economic Development Incentives Account for each project.
  189         6. The types of projects supported.
  190         (c) For economic development projects that received tax
  191  refunds, tax credits, or cash grants under the terms of an
  192  agreement for incentives, the report must identify:
  193         1. The number of jobs actually created.
  194         2. The amount of capital investments actually made.
  195         3. The annual average wage paid.
  196         (d) For a project receiving economic development incentives
  197  approved by the department and receiving federal or local
  198  incentives, the report must include a description of the federal
  199  or local incentives, if available.
  200         (e) The report must state the number of withdrawn or
  201  terminated projects that did not fulfill the terms of their
  202  agreements with the department and consequently are not
  203  receiving incentives.
  204         (f) The report must include an analysis of the economic
  205  benefits, as defined in s. 288.005, of tax refunds, tax credits,
  206  or other payments made to projects locating or expanding in
  207  state enterprise zones, rural communities, brownfield areas, or
  208  distressed urban communities.
  209         (g) The report must also include a separate analysis of the
  210  impact of tax refunds on rural communities, brownfield areas,
  211  distressed urban communities, and state enterprise zones
  212  designated pursuant to s. 290.0065.
  213         (h) The report must list the name of each business that
  214  received a tax refund during the previous fiscal year, and the
  215  amount of the tax refund, pursuant to the qualified defense
  216  contractor and space flight business tax refund program under s.
  217  288.1045 or the tax refund program for qualified target industry
  218  businesses under s. 288.106.
  219         (i)(g) The report must identify the target industry
  220  businesses and high-impact businesses.
  221         (j)(h) The report must describe the trends relating to
  222  business interest in, and usage of, the various incentives, and
  223  the number of minority-owned or woman-owned businesses receiving
  224  incentives.
  225         (k)(i) The report must identify incentive programs not used
  226  and include recommendations for changes to such programs
  227  utilized.
  228         (l) The report must include information related to the
  229  validation of contractor performance required under s. 288.061.
  230         (m) Beginning in 2014, the report must summarize the
  231  activities related to the Florida Space Business Incentives Act,
  232  s. 220.194.
  233         Section 4. Subsection (9) of section 220.194, Florida
  234  Statutes, is amended to read:
  235         220.194 Corporate income tax credits for spaceflight
  236  projects.—
  237         (9) ANNUAL REPORT.—Beginning in 2014, the Department of
  238  Economic Opportunity, in cooperation with Space Florida and the
  239  department, shall include in the submit an annual incentives
  240  report required under s. 288.907 a summary of summarizing
  241  activities relating to the Florida Space Business Incentives Act
  242  established under this section to the Governor, the President of
  243  the Senate, and the Speaker of the House of Representatives by
  244  each November 30.
  245         Section 5. Subsection (3) of section 288.012, Florida
  246  Statutes, is amended to read:
  247         288.012 State of Florida international offices; state
  248  protocol officer; protocol manual.—The Legislature finds that
  249  the expansion of international trade and tourism is vital to the
  250  overall health and growth of the economy of this state. This
  251  expansion is hampered by the lack of technical and business
  252  assistance, financial assistance, and information services for
  253  businesses in this state. The Legislature finds that these
  254  businesses could be assisted by providing these services at
  255  State of Florida international offices. The Legislature further
  256  finds that the accessibility and provision of services at these
  257  offices can be enhanced through cooperative agreements or
  258  strategic alliances between private businesses and state, local,
  259  and international governmental entities.
  260         (3) By October 1 of each year, Each international office
  261  shall annually submit to Enterprise Florida, Inc., the
  262  department a complete and detailed report on its activities and
  263  accomplishments during the previous preceding fiscal year for
  264  inclusion in the annual report required under s. 288.906. In the
  265  a format and by the annual date prescribed provided by
  266  Enterprise Florida, Inc., the report must set forth information
  267  on:
  268         (a) The number of Florida companies assisted.
  269         (b) The number of inquiries received about investment
  270  opportunities in this state.
  271         (c) The number of trade leads generated.
  272         (d) The number of investment projects announced.
  273         (e) The estimated U.S. dollar value of sales confirmations.
  274         (f) The number of representation agreements.
  275         (g) The number of company consultations.
  276         (h) Barriers or other issues affecting the effective
  277  operation of the office.
  278         (i) Changes in office operations which are planned for the
  279  current fiscal year.
  280         (j) Marketing activities conducted.
  281         (k) Strategic alliances formed with organizations in the
  282  country in which the office is located.
  283         (l) Activities conducted with Florida’s other international
  284  offices.
  285         (m) Any other information that the office believes would
  286  contribute to an understanding of its activities.
  287         Section 6. Subsection (3) of section 288.061, Florida
  288  Statutes, is amended to read:
  289         288.061 Economic development incentive application
  290  process.—
  291         (3) The department shall validate contractor performance
  292  and report. such validation shall be reported in the annual
  293  incentives incentive report required under s. 288.907.
  294         Section 7. Subsection (8) of section 288.0656, Florida
  295  Statutes, is amended to read:
  296         288.0656 Rural Economic Development Initiative.—
  297         (8) REDI shall submit a report to the department Governor,
  298  the President of the Senate, and the Speaker of the House of
  299  Representatives each year on or before September 1 on all REDI
  300  activities for the previous prior fiscal year as a supplement to
  301  the department’s annual report required under s. 20.60. This
  302  supplementary report must shall include:
  303         (a) A status report on all projects currently being
  304  coordinated through REDI, the number of preferential awards and
  305  allowances made pursuant to this section, the dollar amount of
  306  such awards, and the names of the recipients.
  307         (b)The report shall also include A description of all
  308  waivers of program requirements granted.
  309         (c)The report shall also include Information as to the
  310  economic impact of the projects coordinated by REDI., and
  311         (d) Recommendations based on the review and evaluation of
  312  statutes and rules having an adverse impact on rural
  313  communities, and proposals to mitigate such adverse impacts.
  314         Section 8. Paragraphs (d) and (e) of subsection (3) of
  315  section 288.095, Florida Statutes, are redesignated as
  316  paragraphs (c) and (d), respectively, and present paragraph (c)
  317  of that subsection is amended to read:
  318         288.095 Economic Development Trust Fund.—
  319         (3)
  320         (c) Pursuant to s. 288.907, Enterprise Florida, Inc., shall
  321  submit a complete and detailed annual report to the Governor,
  322  the President of the Senate, and the Speaker of the House of
  323  Representatives of all applications received, recommendations
  324  made to the department, final decisions issued, tax refund
  325  agreements executed, and tax refunds paid or other payments made
  326  under all programs funded out of the Economic Development
  327  Incentives Account, including analyses of benefits and costs,
  328  types of projects supported, and employment and investment
  329  created. The department shall also include a separate analysis
  330  of the impact of such tax refunds on state enterprise zones
  331  designated pursuant to s. 290.0065, rural communities,
  332  brownfield areas, and distressed urban communities. The report
  333  must also discuss the efforts made by the department to amend
  334  tax refund agreements to require tax refund claims to be
  335  submitted by January 31 for the net new full-time equivalent
  336  jobs in this state as of December 31 of the preceding calendar
  337  year. The report must also list the name and tax refund amount
  338  for each business that has received a tax refund under s.
  339  288.1045 or s. 288.106 during the preceding fiscal year.
  340         Section 9. Paragraph (d) of subsection (7) of section
  341  288.106, Florida Statutes, is amended to read:
  342         288.106 Tax refund program for qualified target industry
  343  businesses.—
  344         (7) ADMINISTRATION.—
  345         (d) Beginning with tax refund agreements signed after July
  346  1, 2010, the department shall attempt to ascertain the causes
  347  for any business’s failure to complete its agreement and shall
  348  include report its findings and recommendations in the annual
  349  incentives report required under s. 288.907 to the Governor, the
  350  President of the Senate, and the Speaker of the House of
  351  Representatives. The report shall be submitted by December 1 of
  352  each year beginning in 2011.
  353         Section 10. Subsection (8) of section 288.1081, Florida
  354  Statutes, is amended to read:
  355         288.1081 Economic Gardening Business Loan Pilot Program.—
  356         (8) On June 30 and December 31 of each year, The department
  357  shall include in its annual submit a report required under s.
  358  20.60 a detailed description of to the Governor, the President
  359  of the Senate, and the Speaker of the House of Representatives
  360  which describes in detail the use of the loan funds. The report
  361  must include, at a minimum, the number of businesses receiving
  362  loans, the number of full-time equivalent jobs created as a
  363  result of the loans, the amount of wages paid to employees in
  364  the newly created jobs, the locations and types of economic
  365  activity undertaken by the borrowers, the amounts of loan
  366  repayments made to date, and the default rate of borrowers.
  367         Section 11. Subsection (8) of section 288.1082, Florida
  368  Statutes, is amended to read:
  369         288.1082 Economic Gardening Technical Assistance Pilot
  370  Program.—
  371         (8) On December 31 of each year, The department shall
  372  include in its annual submit a report required under s. 20.60 a
  373  detailed description of to the Governor, the President of the
  374  Senate, and the Speaker of the House of Representatives which
  375  describes in detail the progress of the pilot program. The
  376  report must include, at a minimum, the number of businesses
  377  receiving assistance, the number of full-time equivalent jobs
  378  created as a result of the assistance, if any, the amount of
  379  wages paid to employees in the newly created jobs, and the
  380  locations and types of economic activity undertaken by the
  381  businesses.
  382         Section 12. Paragraph (e) of subsection (3) of section
  383  288.1088, Florida Statutes, is amended to read:
  384         288.1088 Quick Action Closing Fund.—
  385         (3)
  386         (e) The department Enterprise Florida, Inc., shall validate
  387  contractor performance and report. such validation in the annual
  388  incentives report required under s. 288.907 shall be reported
  389  within 6 months after completion of the contract to the
  390  Governor, President of the Senate, and the Speaker of the House
  391  of Representatives.
  392         Section 13. Subsection (9) and paragraph (a) of subsection
  393  (11) of section 288.1089, Florida Statutes, are amended to read:
  394         288.1089 Innovation Incentive Program.—
  395         (9) The department shall validate the performance of an
  396  innovation business, a research and development facility, or an
  397  alternative and renewable energy business that has received an
  398  award. At the conclusion of the innovation incentive award
  399  agreement, or its earlier termination, the department shall
  400  include in the annual incentives report required under s.
  401  288.907 a detailed description of, within 90 days, submit a
  402  report to the Governor, the President of the Senate, and the
  403  Speaker of the House of Representatives detailing whether the
  404  recipient of the innovation incentive grant achieved its
  405  specified outcomes.
  406         (11)(a) The department shall include in submit to the
  407  Governor, the President of the Senate, and the Speaker of the
  408  House of Representatives, as part of the annual incentives
  409  report required under s. 288.907, a report summarizing the
  410  activities and accomplishments of the recipients of grants from
  411  the Innovation Incentive Program during the previous 12 months
  412  and an evaluation of whether the recipients are catalysts for
  413  additional direct and indirect economic development in Florida.
  414         Section 14. Subsection (4) of section 288.1226, Florida
  415  Statutes, is amended to read:
  416         288.1226 Florida Tourism Industry Marketing Corporation;
  417  use of property; board of directors; duties; audit.—
  418         (4) BOARD OF DIRECTORS.—The board of directors of the
  419  corporation shall be composed of the Governor and 31 tourism
  420  industry-related members, appointed by Enterprise Florida, Inc.,
  421  in conjunction with the department.
  422         (a) The Governor shall serve ex officio as a nonvoting
  423  member of the board.
  424         (b)(a) The board shall consist of 16 members, appointed in
  425  such a manner as to equitably represent all geographic areas of
  426  the state, with no fewer than two members from any of the
  427  following regions:
  428         1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
  429  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
  430  Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
  431         2. Region 2, composed of Alachua, Baker, Bradford, Clay,
  432  Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
  433  Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
  434  Taylor, and Union Counties.
  435         3. Region 3, composed of Brevard, Indian River, Lake,
  436  Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
  437  Volusia Counties.
  438         4. Region 4, composed of Citrus, Hernando, Hillsborough,
  439  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
  440         5. Region 5, composed of Charlotte, Collier, DeSoto,
  441  Glades, Hardee, Hendry, Highlands, and Lee Counties.
  442         6. Region 6, composed of Broward, Martin, Miami-Dade,
  443  Monroe, and Palm Beach Counties.
  444         (c)(b) The 15 additional tourism-industry-related members
  445  shall include 1 representative from the statewide rental car
  446  industry; 7 representatives from tourist-related statewide
  447  associations, including those that represent hotels,
  448  campgrounds, county destination marketing organizations,
  449  museums, restaurants, retail, and attractions; 3 representatives
  450  from county destination marketing organizations; 1
  451  representative from the cruise industry; 1 representative from
  452  an automobile and travel services membership organization that
  453  has at least 2.8 million members in Florida; 1 representative
  454  from the airline industry; and 1 representative from the space
  455  tourism industry, who will each serve for a term of 2 years.
  456         Section 15. Subsection (3) of section 288.1253, Florida
  457  Statutes, is amended to read:
  458         288.1253 Travel and entertainment expenses.—
  459         (3) The Office of Film and Entertainment department shall
  460  include in the annual report for the entertainment industry
  461  financial incentive program required under s. 288.1254(10) a
  462  prepare an annual report of the office’s expenditures of the
  463  Office of Film and Entertainment and provide such report to the
  464  Legislature no later than December 30 of each year for the
  465  expenditures of the previous fiscal year. The report must shall
  466  consist of a summary of all travel, entertainment, and
  467  incidental expenses incurred within the United States and all
  468  travel, entertainment, and incidental expenses incurred outside
  469  the United States, as well as a summary of all successful
  470  projects that developed from such travel.
  471         Section 16. Subsection (10) of section 288.1254, Florida
  472  Statutes, is amended to read:
  473         288.1254 Entertainment industry financial incentive
  474  program.—
  475         (10) ANNUAL REPORT.—Each November 1 October 1, the Office
  476  of Film and Entertainment shall submit provide an annual report
  477  for the previous fiscal year to the Governor, the President of
  478  the Senate, and the Speaker of the House of Representatives
  479  which outlines the incentive program’s return on investment and
  480  economic benefits to the state. The report must shall also
  481  include an estimate of the full-time equivalent positions
  482  created by each production that received tax credits under this
  483  section and information relating to the distribution of
  484  productions receiving credits by geographic region and type of
  485  production. The report must also include the expenditures report
  486  required under s. 288.1253(3) and the information describing the
  487  relationship between tax exemptions and incentives to industry
  488  growth required under s. 288.1258(5).
  489         Section 17. Subsection (5) of section 288.1258, Florida
  490  Statutes, is amended to read:
  491         288.1258 Entertainment industry qualified production
  492  companies; application procedure; categories; duties of the
  493  Department of Revenue; records and reports.—
  496  and Entertainment shall keep annual records from the information
  497  provided on taxpayer applications for tax exemption certificates
  498  beginning January 1, 2001. These records also must shall reflect
  499  a ratio of the annual amount of sales and use tax exemptions
  500  under this section, plus the incentives awarded pursuant to s.
  501  288.1254 to the estimated amount of funds expended by certified
  502  productions. In addition, the office shall maintain data showing
  503  annual growth in Florida-based entertainment industry companies
  504  and entertainment industry employment and wages. The employment
  505  information must shall include an estimate of the full-time
  506  equivalent positions created by each production that received
  507  tax credits pursuant to s. 288.1254. The Office of Film and
  508  Entertainment shall include report this information in the
  509  annual report for the entertainment industry financial incentive
  510  program required under s. 288.1254(10) to the Legislature no
  511  later than December 1 of each year.
  512         Section 18. Subsection (3) of section 288.714, Florida
  513  Statutes, is amended to read:
  514         288.714 Quarterly and annual reports.—
  515         (3) By August 31 of each year, The department shall include
  516  in its annual report required under s. 20.60 provide to the
  517  Governor, the President of the Senate, and the Speaker of the
  518  House of Representatives a detailed report of the performance of
  519  the Black Business Loan Program. The report must include a
  520  cumulative summary of the quarterly report data compiled
  521  pursuant to required by subsection (2) (1).
  522         Section 19. Section 288.7771, Florida Statutes, is amended
  523  to read:
  524         288.7771 Annual report of Florida Export Finance
  525  Corporation.—The corporation shall annually prepare and submit
  526  to Enterprise Florida, Inc., the department for inclusion in its
  527  annual report required under s. 288.906 by s. 288.095 a complete
  528  and detailed report setting forth:
  529         (1) The report required in s. 288.776(3).
  530         (2) Its assets and liabilities at the end of its most
  531  recent fiscal year.
  532         Section 20. Subsections (3), (4), and (5) of section
  533  288.903, Florida Statutes, are amended to read:
  534         288.903 Duties of Enterprise Florida, Inc.—Enterprise
  535  Florida, Inc., shall have the following duties:
  536         (3) Prepare an annual report pursuant to s. 288.906.
  537         (4) Prepare, in conjunction with the department, and an
  538  annual incentives report pursuant to s. 288.907.
  539         (5)(4) Assist the department with the development of an
  540  annual and a long-range strategic business blueprint for
  541  economic development required in s. 20.60.
  542         (6)(5) In coordination with Workforce Florida, Inc.,
  543  identify education and training programs that will ensure
  544  Florida businesses have access to a skilled and competent
  545  workforce necessary to compete successfully in the domestic and
  546  global marketplace.
  547         Section 21. Subsection (3) of section 288.92, Florida
  548  Statutes, is amended to read:
  549         288.92 Divisions of Enterprise Florida, Inc.—
  550         (3) By October 15 each year, Each division shall draft and
  551  submit an annual report for inclusion in the report required
  552  under 288.906 which details the division’s activities during the
  553  previous prior fiscal year and includes any recommendations for
  554  improving current statutes related to the division’s related
  555  area of responsibility.
  556         Section 22. Subsection (5) of section 288.95155, Florida
  557  Statutes, is amended to read:
  558         288.95155 Florida Small Business Technology Growth
  559  Program.—
  560         (5) Enterprise Florida, Inc., shall include in the annual
  561  incentives report required under s. 288.907 prepare for
  562  inclusion in the annual report of the department required by s.
  563  288.095 a report on the financial status of the program. The
  564  report must specify the assets and liabilities of the program
  565  within the current fiscal year and must include a portfolio
  566  update that lists all of the businesses assisted, the private
  567  dollars leveraged by each business assisted, and the growth in
  568  sales and in employment of each business assisted.
  569         Section 23. Subsection (11) of section 290.0056, Florida
  570  Statutes, is amended to read:
  571         290.0056 Enterprise zone development agency.—
  572         (11) Before October 1 December 1 of each year, the agency
  573  shall submit to the department for inclusion in the department’s
  574  annual report required under s. 20.60 a complete and detailed
  575  written report setting forth:
  576         (a) Its operations and accomplishments during the fiscal
  577  year.
  578         (b) The accomplishments and progress concerning the
  579  implementation of the strategic plan or measurable goals, and
  580  any updates to the strategic plan or measurable goals.
  581         (c) The number and type of businesses assisted by the
  582  agency during the fiscal year.
  583         (d) The number of jobs created within the enterprise zone
  584  during the fiscal year.
  585         (e) The usage and revenue impact of state and local
  586  incentives granted during the calendar year.
  587         (f) Any other information required by the department.
  588         Section 24. Section 290.014, Florida Statutes, is amended
  589  to read:
  590         290.014 Annual reports on enterprise zones.—
  591         (1) By October 1 February 1 of each year, the Department of
  592  Revenue shall submit a an annual report to the department for
  593  inclusion in the department’s annual report required under s.
  594  20.60 which details detailing the usage and revenue impact by
  595  county of the state incentives listed in s. 290.007.
  596         (2) By March 1 of each year, the department shall submit an
  597  annual report to the Governor, the Speaker of the House of
  598  Representatives, and the President of the Senate. The report
  599  must also shall include the information provided by the
  600  department of Revenue pursuant to subsection (1) and the
  601  information provided by the enterprise zone development agencies
  602  pursuant to s. 290.0056(11) 290.0056. In addition, the report
  603  must shall include an analysis of the activities and
  604  accomplishments of each enterprise zone.
  605         Section 25. Section 290.0411, Florida Statutes, is amended
  606  to read:
  607         290.0411 Legislative intent and purpose of ss. 290.0401
  608  290.048.—It is the intent of the Legislature to provide the
  609  necessary means to develop, preserve, redevelop, and revitalize
  610  Florida communities exhibiting signs of decline, or distress, or
  611  economic need by enabling local governments to undertake the
  612  necessary community and economic development programs. The
  613  overall objective is to create viable communities by eliminating
  614  slum and blight, fortifying communities in urgent need,
  615  providing decent housing and suitable living environments, and
  616  expanding economic opportunities, principally for persons of low
  617  or moderate income. The purpose of ss. 290.0401-290.048 is to
  618  assist local governments in carrying out effective community and
  619  economic development and project planning and design activities
  620  to arrest and reverse community decline and restore community
  621  vitality. Community development and project planning activities
  622  to maintain viable communities, revitalize existing communities,
  623  expand economic development and employment opportunities, and
  624  improve housing conditions and expand housing opportunities,
  625  providing direct benefit to persons of low or moderate income,
  626  are the primary purposes of ss. 290.0401-290.048. The
  627  Legislature, therefore, declares that the development,
  628  redevelopment, preservation, and revitalization of communities
  629  in this state and all the purposes of ss. 290.0401-290.048 are
  630  public purposes for which public money may be borrowed,
  631  expended, loaned, pledged to guarantee loans, and granted.
  632         Section 26. Subsections (1) and (6) of section 290.042,
  633  Florida Statutes, are amended to read:
  634         290.042 Definitions relating to Florida Small Cities
  635  Community Development Block Grant Program Act.—As used in ss.
  636  290.0401-290.048, the term:
  637         (1) “Administrative closeout” means the notification of a
  638  grantee by the department that all applicable administrative
  639  actions and all required work of an existing the grant have been
  640  completed with the exception of the final audit.
  641         (6) “Person of low or moderate income” means any person who
  642  meets the definition established by the department in accordance
  643  with the guidelines established in Title I of the Housing and
  644  Community Development Act of 1974, as amended, and the
  645  definition of the term “low- and moderate-income person” as
  646  provided in 24 C.F.R. s. 570.3.
  647         Section 27. Subsections (2), (3), and (4) of section
  648  290.044, Florida Statutes, are amended to read:
  649         290.044 Florida Small Cities Community Development Block
  650  Grant Program Fund; administration; distribution.—
  651         (2) The department shall adopt rules establishing
  652  guidelines for the distribution of distribute such funds as loan
  653  guarantees and grants to eligible local governments through on
  654  the basis of a competitive selection process.
  655         (3) The department shall define the broad community
  656  development objectives consistent with national objectives
  657  established by 42 U.S.C. s. 5304 and 24 C.F.R. s. 570.483
  658  objective to be achieved through the distribution of block grant
  659  funds under this section. by the activities in each of the
  660  following grant program categories, and require applicants for
  661  grants to compete against each other in these grant program
  662  categories:
  663         (a) Housing.
  664         (b) Economic development.
  665         (c) Neighborhood revitalization.
  666         (d) Commercial revitalization.
  667         (e) Project planning and design.
  668         (4) The department may set aside an amount of up to 5
  669  percent of the funds annually for use in any eligible local
  670  government jurisdiction for which an emergency or natural
  671  disaster has been declared by executive order. Such funds may
  672  only be provided to a local government to fund eligible
  673  emergency-related activities but must not be provided unless for
  674  which no other source of federal, state, or local disaster funds
  675  is available. The department may provide for such set-aside by
  676  rule. In the last quarter of the state fiscal year, any funds
  677  not allocated under the emergency-related set-aside must shall
  678  be distributed to unfunded applications from the most recent
  679  funding cycle.
  680         Section 28. Section 290.0455, Florida Statutes, is amended
  681  to read:
  682         290.0455 Small Cities Community Development Block Grant
  683  Loan Guarantee Program; Section 108 loan guarantees.—
  684         (1) The Small Cities Community Development Block Grant Loan
  685  Guarantee Program is created. The department shall administer
  686  the loan guarantee program pursuant to Section 108 s. 108 of
  687  Title I of the Housing and Community Development Act of 1974, as
  688  amended, and as further amended by s. 910 of the Cranston
  689  Gonzalez National Affordable Housing Act. The purpose of the
  690  Small Cities Community Development Block Grant Loan Guarantee
  691  Program is to guarantee, or to make commitments to guarantee,
  692  notes or other obligations issued by public entities for the
  693  purposes of financing activities enumerated in 24 C.F.R. s.
  694  570.703.
  695         (2) Activities assisted under the loan guarantee program
  696  must meet the requirements contained in 24 C.F.R. ss. 570.700
  697  570.710 and may not otherwise be financed in whole or in part
  698  from the Florida Small Cities Community Development Block Grant
  699  Program.
  700         (3) The department may pledge existing revenues on deposit
  701  or future revenues projected to be available for deposit in the
  702  Florida Small Cities Community Development Block Grant Program
  703  in order to guarantee, in whole or in part, the payment of
  704  principal and interest on a Section 108 loan made under the loan
  705  guarantee program.
  706         (4) An applicant approved by the United States Department
  707  of Housing and Urban Development to receive a Section 108 loan
  708  shall enter into an agreement with the Department of Economic
  709  Opportunity which requires the applicant to pledge half of the
  710  amount necessary to guarantee the loan in the event of default.
  711         (5) The department shall review all Section 108 loan
  712  applications that it receives from local governments. The
  713  department shall review the applications must submit all
  714  applications it receives to the United States Department of
  715  Housing and Urban Development for loan approval, in the order
  716  received, subject to a determination by the department
  717  determining that each the application meets all eligibility
  718  requirements contained in 24 C.F.R. ss. 570.700-570.710, and has
  719  been deemed financially feasible by a loan underwriter approved
  720  by the department. If the statewide maximum available for loan
  721  guarantee commitments established in subsection (6) has not been
  722  committed, the department may submit the Section 108 loan
  723  application to the United States Department of Housing and Urban
  724  Development with a recommendation that the loan be approved,
  725  with or without conditions, or be denied provided that the
  726  applicant has submitted the proposed activity to a loan
  727  underwriter to document its financial feasibility.
  728         (6)(5) The maximum amount of an individual loan guarantee
  729  commitment that an commitments that any eligible local
  730  government may receive is may be limited to $5 $7 million
  731  pursuant to 24 C.F.R. s. 570.705, and the maximum amount of loan
  732  guarantee commitments statewide may not exceed an amount equal
  733  to two five times the amount of the most recent grant received
  734  by the department under the Florida Small Cities Community
  735  Development Block Grant Program. The $5 million loan guarantee
  736  limit does not apply to loans guaranteed prior to July 1, 2013,
  737  that may be refinanced.
  738         (7)(6)Section 108 loans guaranteed by the Small Cities
  739  Community Development Block Grant Program loan guarantee program
  740  must be repaid within 20 years.
  741         (8)(7)Section 108 loan applicants must demonstrate
  742  guarantees may be used for an activity only if the local
  743  government provides evidence to the department that the
  744  applicant investigated alternative financing services were
  745  investigated and the services were unavailable or insufficient
  746  to meet the financing needs of the proposed activity.
  747         (9) If a local government defaults on a Section 108 loan
  748  received from the United States Department of Housing and Urban
  749  Development and guaranteed through the Florida Small Cities
  750  Community Development Block Grant Program, thereby requiring the
  751  department to reduce its annual grant award in order to pay the
  752  annual debt service on the loan, any future community
  753  development block grants that the local government receives must
  754  be reduced in an amount equal to the amount of the state’s grant
  755  award used in payment of debt service on the loan.
  756         (10) If a local government receives a Section 108 loan
  757  guaranteed through the Florida Small Cities Community
  758  Development Block Grant Program and is granted entitlement
  759  community status as defined in subpart D of 24 C.F.R. part 570
  760  by the United States Department of Housing and Urban Development
  761  before paying the loan in full, the local government must pledge
  762  its community development block grant entitlement allocation as
  763  a guarantee of its previous loan and request that the United
  764  States Department of Housing and Urban Development release the
  765  department as guarantor of the loan.
  766         (8) The department must, before approving an application
  767  for a loan, evaluate the applicant’s prior administration of
  768  block grant funds for community development. The evaluation of
  769  past performance must take into account the procedural aspects
  770  of previous grants or loans as well as substantive results. If
  771  the department finds that any applicant has failed to
  772  substantially accomplish the results proposed in the applicant’s
  773  last previously funded application, the department may prohibit
  774  the applicant from receiving a loan or may penalize the
  775  applicant in the rating of the current application.
  776         Section 29. Section 290.046, Florida Statutes, is amended
  777  to read:
  778         (Substantial rewording of section. See
  779         s. 290.046, F.S., for present text.)
  780         290.046 Applications for grants; procedures; requirements.—
  781         (1) The department shall adopt rules establishing
  782  application procedures.
  783         (2)(a) Except for economic development projects, each local
  784  government that is eligible by rule to apply for a grant during
  785  an application cycle may submit one application for a
  786  noneconomic development project during the application cycle. A
  787  local government that is eligible by rule to apply for an
  788  economic development grant may apply up to three times each
  789  funding cycle for an economic development grant and may have
  790  more than one open economic development grant.
  791         (b) The department shall establish minimum criteria
  792  pertaining to the number of jobs created for persons of low or
  793  moderate income, the degree of private sector financial
  794  commitment, the economic feasibility of the proposed project,
  795  and any other criteria the department deems appropriate.
  796         (c) The department may not award a grant until the
  797  department has completed a site visit to verify the information
  798  contained in the application.
  799         (3)(a) The department shall adopt rules establishing
  800  criteria for evaluating applications received during each
  801  application cycle and the department must rank each application
  802  in accordance with those rules. Such rules must allow the
  803  department to consider relevant factors, including, but not
  804  limited to, community need, unemployment, poverty levels, low
  805  and moderate income populations, health and safety, and the
  806  condition of physical structures. The department shall
  807  incorporate into its ranking system a procedure intended to
  808  eliminate or reduce any existing population-related bias that
  809  places exceptionally small communities at a disadvantage in the
  810  competition for funds.
  811         (b) Project funding must be determined by the rankings
  812  established in each application cycle. If economic development
  813  funding remains available after the application cycle closes,
  814  funding will be awarded to eligible projects on a first-come,
  815  first-served basis until funding for this category is fully
  816  obligated.
  817         (4) In order to provide the public with information
  818  concerning an applicant’s proposed program before an application
  819  is submitted to the department, the applicant shall, for each
  820  funding cycle:
  821         (a) Conduct an initial public hearing to inform the public
  822  of funding opportunities available to meet community needs and
  823  eligible activities and to solicit public input on community
  824  needs.
  825         (b) Publish a summary of the proposed application which
  826  affords the public an opportunity to examine the contents of the
  827  application and submit comments.
  828         (c) Conduct a second public hearing to obtain public
  829  comments on the proposed application and make appropriate
  830  modifications to the application.
  831         Section 30. Section 290.047, Florida Statutes, is amended
  832  to read:
  833         (Substantial rewording of section. See
  834         s. 290.047, F.S., for present text.)
  835         290.047 Establishment of grant ceilings and maximum
  836  administrative cost percentages.—
  837         (1) The department shall adopt rules to establish:
  838         (a) Grant ceilings.
  839         (b) The maximum percentage of block grant funds that may be
  840  spent on administrative costs by an eligible local government.
  841         (c) Grant administration procurement procedures for
  842  eligible local governments.
  843         (2) An eligible local government may not contract with the
  844  same individual or business entity for more than one service to
  845  be performed in connection with a community development block
  846  grant, including, but not limited to, application preparation
  847  services, administrative services, architectural and engineering
  848  services, and construction services, unless it can be
  849  demonstrated by the eligible local government that the
  850  individual or business entity is the sole source of the service
  851  or is the responsive proposer whose proposal is determined in
  852  writing from a competitive process to be the most advantageous
  853  to the local government.
  854         (3) The maximum amount of block grant funds that may be
  855  spent on architectural and engineering costs by an eligible
  856  local government must be determined by a methodology adopted by
  857  the department by rule.
  858         Section 31. Section 290.0475, Florida Statutes, is amended
  859  to read:
  860         290.0475 Rejection of grant applications; penalties for
  861  failure to meet application conditions.—Applications received
  862  for funding are ineligible if under all program categories shall
  863  be rejected without scoring only in the event that any of the
  864  following circumstances arise:
  865         (1) The application is not received by the department by
  866  the application deadline.
  867         (2) The proposed project does not meet one of the three
  868  national objectives as described contained in s. 290.044(3)
  869  federal and state legislation.
  870         (3) The proposed project is not an eligible activity as
  871  contained in the federal legislation.
  872         (4) The application is not consistent with the local
  873  government’s comprehensive plan adopted pursuant to s. 163.3184.
  874         (5) The applicant has an open community development block
  875  grant, except as provided in s. 290.046(2)(a) and department
  876  rule s. 290.046(2)(c).
  877         (6) The local government is not in compliance with the
  878  citizen participation requirements prescribed in ss. 104(a)(1)
  879  and (2) and 106(d)(5)(c) of Title I of the Housing and Community
  880  Development Act of 1984, s. 290.046(4), and department rule
  881  rules.
  882         (7) Any information provided in the application that
  883  affects eligibility or scoring is found to have been
  884  misrepresented, and the information is not a mathematical error
  885  which may be discovered and corrected by readily computing
  886  available numbers or formulas provided in the application.
  887         Section 32. Subsections (5), (6), and (7) of section
  888  290.048, Florida Statutes, are amended to read:
  889         290.048 General powers of department under ss. 290.0401
  890  290.048.—The department has all the powers necessary or
  891  appropriate to carry out the purposes and provisions of the
  892  program, including the power to:
  893         (5) Adopt and enforce strict requirements concerning an
  894  applicant’s written description of a service area. Each such
  895  description shall contain maps which illustrate the location of
  896  the proposed service area. All such maps must be clearly legible
  897  and must:
  898         (a) Contain a scale which is clearly marked on the map.
  899         (b) Show the boundaries of the locality.
  900         (c) Show the boundaries of the service area where the
  901  activities will be concentrated.
  902         (d) Display the location of all proposed area activities.
  903         (e) Include the names of streets, route numbers, or easily
  904  identifiable landmarks where all service activities are located.
  905         (5)(6) Pledge community development block grant revenues
  906  from the Federal Government in order to guarantee notes or other
  907  obligations of a public entity which are approved pursuant to s.
  908  290.0455.
  909         (7) Establish an advisory committee of no more than 13
  910  members to solicit participation in designing, administering,
  911  and evaluating the program and in linking the program with other
  912  housing and community development resources.
  913         Section 33. Subsection (11) of section 331.3051, Florida
  914  Statutes, is amended to read:
  915         331.3051 Duties of Space Florida.—Space Florida shall:
  916         (11) Annually report on its performance with respect to its
  917  business plan, to include finance, spaceport operations,
  918  research and development, workforce development, and education.
  919  Space Florida shall submit the report shall be submitted to the
  920  Governor, the President of the Senate, and the Speaker of the
  921  House of Representatives by November 30 no later than September
  922  1 for the previous prior fiscal year. The annual report must
  923  include operations information as required under s.
  924  331.310(2)(e).
  925         Section 34. Paragraph (e) of subsection (2) of section
  926  331.310, Florida Statutes, is amended to read:
  927         331.310 Powers and duties of the board of directors.—
  928         (2) The board of directors shall:
  929         (e) Prepare an annual report of operations as a supplement
  930  to the annual report required under s. 331.3051(11). The report
  931  must shall include, but not be limited to, a balance sheet, an
  932  income statement, a statement of changes in financial position,
  933  a reconciliation of changes in equity accounts, a summary of
  934  significant accounting principles, the auditor’s report, a
  935  summary of the status of existing and proposed bonding projects,
  936  comments from management about the year’s business, and
  937  prospects for the next year, which shall be submitted each year
  938  by November 30 to the Governor, the President of the Senate, the
  939  Speaker of the House of Representatives, the minority leader of
  940  the Senate, and the minority leader of the House of
  941  Representatives.
  942         Section 35. Paragraphs (b) and (c) of subsection (1) of
  943  section 443.091, Florida Statutes, are amended to read:
  944         443.091 Benefit eligibility conditions.—
  945         (1) An unemployed individual is eligible to receive
  946  benefits for any week only if the Department of Economic
  947  Opportunity finds that:
  948         (b) She or he has completed the department’s online work
  949  registration registered with the department for work and
  950  subsequently reports to the one-stop career center as directed
  951  by the regional workforce board for reemployment services. This
  952  requirement does not apply to persons who are:
  953         1. Non-Florida residents;
  954         2. On a temporary layoff;
  955         3. Union members who customarily obtain employment through
  956  a union hiring hall; or
  957         4. Claiming benefits under an approved short-time
  958  compensation plan as provided in s. 443.1116.
  959         5. Unable to complete the online work registration due to
  960  illiteracy, physical or mental impairment, a legal prohibition
  961  from using a computer, or a language impediment. If a person is
  962  exempted from the online work registration under this
  963  subparagraph, then the filing of his or her claim constitutes
  964  registration for work.
  965         (c) To make continued claims for benefits, she or he is
  966  reporting to the department in accordance with this paragraph
  967  and department rules, and participating in an initial skills
  968  review, as directed by the department. Department rules may not
  969  conflict with s. 443.111(1)(b), which requires that each
  970  claimant continue to report regardless of any pending appeal
  971  relating to her or his eligibility or disqualification for
  972  benefits.
  973         1. For each week of unemployment claimed, each report must,
  974  at a minimum, include the name, address, and telephone number of
  975  each prospective employer contacted, or the date the claimant
  976  reported to a one-stop career center, pursuant to paragraph (d).
  977         2. The administrator or operator of the initial skills
  978  review shall notify the department when the individual completes
  979  the initial skills review and report the results of the review
  980  to the regional workforce board or the one-stop career center as
  981  directed by the workforce board. The department shall prescribe
  982  a numeric score on the initial skills review that demonstrates a
  983  minimal proficiency in workforce skills. The department,
  984  workforce board, or one-stop career center shall use the initial
  985  skills review to develop a plan for referring individuals to
  986  training and employment opportunities. The failure of the
  987  individual to comply with this requirement will result in the
  988  individual being determined ineligible for benefits for the week
  989  in which the noncompliance occurred and for any subsequent week
  990  of unemployment until the requirement is satisfied. However,
  991  this requirement does not apply if the individual is able to
  992  affirmatively attest to being unable to complete such review due
  993  to illiteracy or a language impediment or is exempt from the
  994  work registration requirement as set forth in paragraph (b).
  995         3. Any individual who falls below the minimal proficiency
  996  score prescribed by the department in subparagraph 2. on the
  997  initial skills review shall be offered training opportunities
  998  and encouraged to participate in such training at no cost to the
  999  individual in order to improve his or her workforce skills to
 1000  the minimal proficiency level.
 1001         4. The department shall coordinate with Workforce Florida,
 1002  Inc., the workforce boards, and the one-stop career centers to
 1003  identify, develop, and utilize best practices for improving the
 1004  skills of individuals who choose to participate in training
 1005  opportunities and who have a minimal proficiency score below the
 1006  score prescribed in subparagraph 2.
 1007         5. The department, in coordination with Workforce Florida,
 1008  Inc., the workforce boards, and the one-stop career centers,
 1009  shall evaluate the use, effectiveness, and costs associated with
 1010  the training prescribed in subparagraph 3. and report its
 1011  findings and recommendations for training and the use of best
 1012  practices to the Governor, the President of the Senate, and the
 1013  Speaker of the House of Representatives by January 1, 2013.
 1014         Section 36. Paragraph (b) of subsection (4) of section
 1015  443.1113, Florida Statutes, is amended to read:
 1016         443.1113 Reemployment Assistance Claims and Benefits
 1017  Information System.—
 1018         (4) The project to implement the Reemployment Assistance
 1019  Claims and Benefits Information System is shall be comprised of
 1020  the following phases and corresponding implementation
 1021  timeframes:
 1022         (b) The Reemployment Assistance Claims and Benefits
 1023  Internet portal that replaces the Florida Unemployment Internet
 1024  Direct and the Florida Continued Claims Internet Directory
 1025  systems, the Call Center Interactive Voice Response System, the
 1026  Benefit Overpayment Screening System, the Internet and Intranet
 1027  Appeals System, and the Claims and Benefits Mainframe System
 1028  shall be deployed to full operational status no later than the
 1029  end of fiscal year 2013-2014 2012-2013.
 1030         Section 37. Subsection (5) of section 443.131, Florida
 1031  Statutes, is amended to read:
 1032         443.131 Contributions.—
 1034         (a) When the Unemployment Compensation Trust Fund has
 1035  received advances from the Federal Government under the
 1036  provisions of 42 U.S.C. s. 1321, each contributing employer
 1037  shall be assessed an additional rate solely for the purpose of
 1038  paying interest due on such federal advances. The additional
 1039  rate shall be assessed no later than February 1 in each calendar
 1040  year in which an interest payment is due.
 1041         (b) The Revenue Estimating Conference shall estimate the
 1042  amount of such interest due on federal advances by no later than
 1043  December 1 of the calendar year before preceding the calendar
 1044  year in which an interest payment is due. The Revenue Estimating
 1045  Conference shall, at a minimum, consider the following as the
 1046  basis for the estimate:
 1047         1. The amounts actually advanced to the trust fund.
 1048         2. Amounts expected to be advanced to the trust fund based
 1049  on current and projected unemployment patterns and employer
 1050  contributions.
 1051         3. The interest payment due date.
 1052         4. The interest rate that will be applied by the Federal
 1053  Government to any accrued outstanding balances.
 1054         (c)(b)The tax collection service provider shall calculate
 1055  the additional rate to be assessed against contributing
 1056  employers. The additional rate assessed for a calendar year is
 1057  shall be determined by dividing the estimated amount of interest
 1058  to be paid in that year by 95 percent of the taxable wages as
 1059  described in s. 443.1217 paid by all employers for the year
 1060  ending June 30 of the previous immediately preceding calendar
 1061  year. The amount to be paid by each employer is shall be the
 1062  product obtained by multiplying such employer’s taxable wages as
 1063  described in s. 443.1217 for the year ending June 30 of the
 1064  previous immediately preceding calendar year by the rate as
 1065  determined by this subsection. An assessment may not be made if
 1066  the amount of assessments on deposit from previous years, plus
 1067  any earned interest, is at least 80 percent of the estimated
 1068  amount of interest.
 1069         (d) The tax collection service provider shall make a
 1070  separate collection of such assessment, which may be collected
 1071  at the time of employer contributions and subject to the same
 1072  penalties for failure to file a report, imposition of the
 1073  standard rate pursuant to paragraph (3)(h), and interest if the
 1074  assessment is not received on or before June 30. Section
 1075  443.141(1)(d) and (e) does not apply to this separately
 1076  collected assessment. The tax collection service provider shall
 1077  maintain those funds in the tax collection service provider’s
 1078  Audit and Warrant Clearing Trust Fund until the provider is
 1079  directed by the Governor or the Governor’s designee to make the
 1080  interest payment to the Federal Government. Assessments on
 1081  deposit must be available to pay the interest on advances
 1082  received from the Federal Government under 42 U.S.C. s. 1321.
 1083  Assessments on deposit may be invested and any interest earned
 1084  shall be part of the balance available to pay the interest on
 1085  advances received from the Federal Government under 42 U.S.C. s.
 1086  1321.
 1087         (e) Four months after In the calendar year that all
 1088  advances from the Federal Government under 42 U.S.C. s. 1321 and
 1089  associated interest are repaid, if there are assessment funds in
 1090  excess of the amount required to meet the final interest
 1091  payment, any such excess assessed funds in the Audit and Warrant
 1092  Clearing Trust Fund, including associated interest, shall be
 1093  transferred to credited to employer accounts in the Unemployment
 1094  Compensation Trust Fund. Any assessment amounts subsequently
 1095  collected shall also be transferred to the Unemployment
 1096  Compensation Trust Fund in an amount equal to the employer’s
 1097  contribution to the assessment for that year divided by the
 1098  total amount of the assessment for that year, the result of
 1099  which is multiplied by the amount of excess assessed funds.
 1100         (f) If However, if the state is permitted to defer interest
 1101  payments due during a calendar year under 42 U.S.C. s. 1322,
 1102  payment of the interest assessment is shall not be due. If a
 1103  deferral of interest expires or is subsequently disallowed by
 1104  the Federal Government, either prospectively or retroactively,
 1105  the interest assessment shall be immediately due and payable.
 1106  Notwithstanding any other provision of this section, if interest
 1107  due during a calendar year on federal advances is forgiven or
 1108  postponed under federal law and is no longer due during that
 1109  calendar year, no interest assessment shall be assessed against
 1110  an employer for that calendar year, and any assessment already
 1111  assessed and collected against an employer before the
 1112  forgiveness or postponement of the interest for that calendar
 1113  year shall be credited to such employer’s account in the
 1114  Unemployment Compensation Trust Fund. However, such funds may be
 1115  used only to pay benefits or refunds of erroneous contributions.
 1116         (g) This subsection expires July 1, 2014.
 1117         Section 38. Paragraph (b) of subsection (2) and paragraph
 1118  (a) of subsection (6) of section 443.151, Florida Statutes, are
 1119  amended to read:
 1120         443.151 Procedure concerning claims.—
 1123         (b) Process.—When the Reemployment Assistance Claims and
 1124  Benefits Information System described in s. 443.1113 is fully
 1125  operational, the process for filing claims must incorporate the
 1126  process for registering for work with the workforce information
 1127  systems established pursuant to s. 445.011. Unless exempted
 1128  under s. 443.091(1)(b)5., a claim for benefits may not be
 1129  processed until the work registration requirement is satisfied.
 1130  The department may adopt rules as necessary to administer the
 1131  work registration requirement set forth in this paragraph.
 1132         (6) RECOVERY AND RECOUPMENT.—
 1133         (a) Any person who, by reason of her or his fraud, receives
 1134  benefits under this chapter to which she or he is not entitled
 1135  is liable for repaying those benefits to the Department of
 1136  Economic Opportunity on behalf of the trust fund or, in the
 1137  discretion of the department, to have those benefits deducted
 1138  from future benefits payable to her or him under this chapter.
 1139  In addition, the department shall impose upon the claimant a
 1140  penalty equal to 15 percent of the amount overpaid. To enforce
 1141  this paragraph, the department must find the existence of fraud
 1142  through a redetermination or decision under this section within
 1143  2 years after the fraud was committed. Any recovery or
 1144  recoupment of benefits must be commenced within 7 years after
 1145  the redetermination or decision.
 1146         Section 39. Subsection (1) of section 443.191, Florida
 1147  Statutes, is amended to read:
 1148         443.191 Unemployment Compensation Trust Fund; establishment
 1149  and control.—
 1150         (1) There is established, as a separate trust fund apart
 1151  from all other public funds of this state, an Unemployment
 1152  Compensation Trust Fund, which shall be administered by the
 1153  Department of Economic Opportunity exclusively for the purposes
 1154  of this chapter. The fund must shall consist of:
 1155         (a) All contributions and reimbursements collected under
 1156  this chapter;
 1157         (b) Interest earned on any moneys in the fund;
 1158         (c) Any property or securities acquired through the use of
 1159  moneys belonging to the fund;
 1160         (d) All earnings of these properties or securities;
 1161         (e) All money credited to this state’s account in the
 1162  federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
 1163  1103; and
 1164         (f) All money collected for penalties imposed pursuant to
 1165  s. 443.151(6)(a); and
 1166         (g) Advances on the amount in the federal Unemployment
 1167  Compensation Trust Fund credited to the state under 42 U.S.C. s.
 1168  1321, as requested by the Governor or the Governor’s designee.
 1170  Except as otherwise provided in s. 443.1313(4), all moneys in
 1171  the fund must shall be mingled and undivided.
 1172         Section 40. Subsection (1) of section 443.1715, Florida
 1173  Statutes, is amended to read:
 1174         443.1715 Disclosure of information; confidentiality.—
 1175         (1) RECORDS AND REPORTS.—Information revealing an employing
 1176  unit’s or individual’s identity obtained from the employing unit
 1177  or any individual under the administration of this chapter, and
 1178  any determination revealing that information, is confidential
 1179  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1180  Constitution. This confidential information may be released in
 1181  accordance with the provisions in 20 C.F.R. part 603. A person
 1182  receiving confidential information who violates this subsection
 1183  commits a misdemeanor of the second degree, punishable as
 1184  provided in s. 775.082 or s. 775.083. The Department of Economic
 1185  Opportunity or its tax collection service provider may, however,
 1186  furnish to any employer copies of any report submitted by that
 1187  employer upon the request of the employer and may furnish to any
 1188  claimant copies of any report submitted by that claimant upon
 1189  the request of the claimant. The department or its tax
 1190  collection service provider may charge a reasonable fee for
 1191  copies of these reports as prescribed by rule, which may not
 1192  exceed the actual reasonable cost of the preparation of the
 1193  copies. Fees received for copies under this subsection must be
 1194  deposited in the Employment Security Administration Trust Fund.
 1195         Section 41. Paragraph (b) of subsection (3) and subsection
 1196  (4) of section 446.50, Florida Statutes, are amended to read:
 1197         446.50 Displaced homemakers; multiservice programs; report
 1198  to the Legislature; Displaced Homemaker Trust Fund created.—
 1201         (b)1. The department shall enter into contracts with, and
 1202  make grants to, public and nonprofit private entities for
 1203  purposes of establishing multipurpose service programs for
 1204  displaced homemakers under this section. Such grants and
 1205  contracts must shall be awarded pursuant to chapter 287 and
 1206  based on criteria established in the program state plan as
 1207  provided in subsection (4) developed pursuant to this section.
 1208  The department shall designate catchment areas that together,
 1209  must shall compose the entire state, and, to the extent possible
 1210  from revenues in the Displaced Homemaker Trust Fund, the
 1211  department shall contract with, and make grants to, entities
 1212  that will serve entire catchment areas so that displaced
 1213  homemaker service programs are available statewide. These
 1214  catchment areas must shall be coterminous with the state’s
 1215  workforce development regions. The department may give priority
 1216  to existing displaced homemaker programs when evaluating bid
 1217  responses to the request for proposals.
 1218         2. In order to receive funds under this section, and unless
 1219  specifically prohibited by law from doing so, an entity that
 1220  provides displaced homemaker service programs must receive at
 1221  least 25 percent of its funding from one or more local,
 1222  municipal, or county sources or nonprofit private sources. In
 1223  kind contributions may be evaluated by the department and
 1224  counted as part of the required local funding.
 1225         3. The department shall require an entity that receives
 1226  funds under this section to maintain appropriate data to be
 1227  compiled in an annual report to the department. Such data must
 1228  shall include, but is shall not be limited to, the number of
 1229  clients served, the units of services provided, designated
 1230  client-specific information including intake and outcome
 1231  information specific to each client, costs associated with
 1232  specific services and program administration, total program
 1233  revenues by source and other appropriate financial data, and
 1234  client followup information at specified intervals after the
 1235  placement of a displaced homemaker in a job.
 1237         (a) The Department of Economic Opportunity shall include in
 1238  its annual report required under s. 20.60 a develop a 3-year
 1239  state plan for the displaced homemaker program which shall be
 1240  updated annually. The plan must address, at a minimum, the need
 1241  for programs specifically designed to serve displaced
 1242  homemakers, any necessary service components for such programs
 1243  in addition to those described enumerated in this section, goals
 1244  of the displaced homemaker program with an analysis of the
 1245  extent to which those goals are being met, and recommendations
 1246  for ways to address any unmet program goals. Any request for
 1247  funds for program expansion must be based on the state plan.
 1248         (b)The displaced homemaker program Each annual update must
 1249  address any changes in the components of the 3-year state plan
 1250  and a report that must include, but need not be limited to, the
 1251  following:
 1252         (a)1. The scope of the incidence of displaced homemakers;
 1253         (b)2. A compilation and report, by program, of data
 1254  submitted to the department pursuant to subparagraph (3)(b)3.
 1255  subparagraph 3. by funded displaced homemaker service programs;
 1256         (c)3. An identification and description of the programs in
 1257  the state which receive funding from the department, including
 1258  funding information; and
 1259         (d)4. An assessment of the effectiveness of each displaced
 1260  homemaker service program based on outcome criteria established
 1261  by rule of the department.
 1262         (c) The 3-year state plan must be submitted to the
 1263  President of the Senate, the Speaker of the House of
 1264  Representatives, and the Governor on or before January 1, 2001,
 1265  and annual updates of the plan must be submitted by January 1 of
 1266  each subsequent year.
 1267         Section 42. This act shall take effect July 1, 2013.