Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/HB 7023, 1st Eng.
       
       
       
       
       
       
                                Ì724504ÃÎ724504                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/3R         .                                
             05/02/2014 12:01 PM       .                                
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       Senator Detert moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 163.3202, Florida
    6  Statutes, is amended to read:
    7         163.3202 Land development regulations.—
    8         (1) Within 1 year after submission of its comprehensive
    9  plan or revised comprehensive plan for review pursuant to s.
   10  163.3191 s. 163.3167(2), each county and each municipality shall
   11  adopt or amend and enforce land development regulations that are
   12  consistent with and implement their adopted comprehensive plan.
   13         Section 2. Subsection (12) is added to section 212.098,
   14  Florida Statutes, to read:
   15         212.098 Rural Job Tax Credit Program.—
   16         (12) A new or existing eligible business that receives a
   17  tax credit under subsection (2) or subsection (3) is eligible
   18  for a tax refund of up to 50 percent of the amount of sales tax
   19  on purchases of electricity paid by the business during the 1
   20  year period after the date the credit is received. The total
   21  amount of tax refunds approved pursuant to this subsection may
   22  not exceed $600,000 during any calendar year. The department may
   23  adopt rules to administer this subsection.
   24         Section 3. Paragraph (a) of subsection (2) of section
   25  288.0001, Florida Statutes, is amended to read:
   26         288.0001 Economic Development Programs Evaluation.—The
   27  Office of Economic and Demographic Research and the Office of
   28  Program Policy Analysis and Government Accountability (OPPAGA)
   29  shall develop and present to the Governor, the President of the
   30  Senate, the Speaker of the House of Representatives, and the
   31  chairs of the legislative appropriations committees the Economic
   32  Development Programs Evaluation.
   33         (2) The Office of Economic and Demographic Research and
   34  OPPAGA shall provide a detailed analysis of economic development
   35  programs as provided in the following schedule:
   36         (a) By January 1, 2014, and every 3 years thereafter, an
   37  analysis of the following:
   38         1. The capital investment tax credit established under s.
   39  220.191.
   40         2. The qualified target industry tax refund established
   41  under s. 288.106.
   42         3. The brownfield redevelopment bonus refund established
   43  under s. 288.107.
   44         4. High-impact business performance grants established
   45  under s. 288.108.
   46         5. The Quick Action Closing Fund established under s.
   47  288.1088.
   48         6. The Innovation Incentive Program established under s.
   49  288.1089.
   50         7. Enterprise Zone Program incentives established under ss.
   51  212.08(5) and (15), 212.096, 220.181, and 220.182.
   52         8. The New Markets Development Program established under
   53  ss. 288.991-288.9922.
   54         Section 4. Subsections (5) and (6) are added to section
   55  288.005, Florida Statutes, to read:
   56         288.005 Definitions.—As used in this chapter, the term:
   57         (5) “Loan administrator” means an entity statutorily
   58  eligible to receive state funds and authorized by the department
   59  to make loans under a loan program.
   60         (6) “Loan program” means a program established in this
   61  chapter to provide appropriated funds to an eligible entity to
   62  further a specific state purpose for a limited period of time
   63  and with a requirement that such appropriated funds be repaid to
   64  the state. The term includes a “loan fund” or “loan pilot
   65  program” administered by the department under this chapter.
   66         Section 5. Section 288.006, Florida Statutes, is created to
   67  read:
   68         288.006 General operation of loan programs.—
   69         (1) The Legislature intends to promote the goals of
   70  accountability and proper stewardship by recipients of loan
   71  program funds. This section applies to all loan programs
   72  established under this chapter.
   73         (2) State funds appropriated for a loan program may be used
   74  only by an eligible recipient or loan administrator, and the use
   75  of such funds is restricted to the specific state purpose of the
   76  loan program, subject to any compensation due to a loan
   77  administrator as provided under this chapter. State funds may be
   78  awarded directly by the department to an eligible recipient or
   79  awarded by the department to a loan administrator. All state
   80  funds, including any interest earned, remain state funds unless
   81  otherwise stated in the statutory requirements of the loan
   82  program.
   83         (3)(a) Upon termination of a loan program by the
   84  Legislature or by statute, all appropriated funds shall revert
   85  to the General Revenue Fund. The department shall pay the entity
   86  for any allowable administrative expenses due to the loan
   87  administrator as provided under this chapter, unless otherwise
   88  required by law.
   89         (b) Upon termination of a contract between the department
   90  and an eligible recipient or loan administrator, all remaining
   91  appropriated funds shall revert to the fund from which the
   92  appropriation was made. The department shall become the
   93  successor entity for any outstanding loans. Except in the case
   94  of the termination of a contract for fraud or a finding that the
   95  loan administrator was not meeting the terms of the program, the
   96  department shall pay the entity for any allowable administrative
   97  expenses due to the loan administrator as provided under this
   98  chapter.
   99         (c) The eligible recipient or loan administrator to which
  100  this subsection applies shall execute all appropriate
  101  instruments to reconcile any remaining accounts associated with
  102  a terminated loan program or contract. The entity shall execute
  103  all appropriate instruments to ensure that the department is
  104  authorized to collect all receivables for outstanding loans,
  105  including, but not limited to, assignments of promissory notes
  106  and mortgages.
  107         (4) An eligible recipient or loan administrator must avoid
  108  any potential conflict of interest regarding the use of
  109  appropriated funds for a loan program. An eligible recipient or
  110  loan administrator or a board member, employee, or agent
  111  thereof, or an immediate family member of a board member,
  112  employee, or agent, may not have a financial interest in an
  113  entity that is awarded a loan under a loan program. A loan may
  114  not be made to a person or entity if a conflict of interest
  115  exists between the parties involved. As used in this subsection,
  116  the term “immediate family” means a parent, spouse, child,
  117  sibling, grandparent, or grandchild related by blood or
  118  marriage.
  119         (5) In determining eligibility for an entity applying for
  120  the award of funds directly by the department or applying for
  121  selection as a loan administrator for a loan program, the
  122  department shall evaluate each applicant’s business practices,
  123  financial stability, and past performance in other state
  124  programs, in addition to the loan program’s statutory
  125  requirements. Eligibility of an entity applying to be a
  126  recipient or loan administrator may be conditionally granted or
  127  denied outright if the department determines that the entity is
  128  noncompliant with any law, rule, or program requirement.
  129         (6) Recurring use of state funds, including revolving loans
  130  or new negotiable instruments, which have been repaid to the
  131  loan administrator may be made if the loan program’s statutory
  132  structure permits. However, any use of state funds made by a
  133  loan administrator remains subject to subsections (2) and (3),
  134  and compensation to a loan administrator may not exceed any
  135  limitation provided by this chapter.
  136         (7) The Auditor General may conduct audits as provided in
  137  s. 11.45 to verify that the appropriations under each loan
  138  program are expended by the eligible recipient or loan
  139  administrator as required for each program. If the Auditor
  140  General determines that the appropriations are not expended as
  141  required, the Auditor General shall notify the department, which
  142  may pursue recovery of the funds. This section does not prevent
  143  the department from pursuing recovery of the appropriated loan
  144  program funds when necessary to protect the funds or when
  145  authorized by law.
  146         (8) The department may adopt rules under ss. 120.536(1) and
  147  120.54 as necessary to carry out this section.
  148         Section 6. Paragraph (b) of subsection (3) of section
  149  288.061, Florida Statutes, is amended to read:
  150         288.061 Economic development incentive application
  151  process.—
  152         (3) Within 10 business days after the department receives
  153  the submitted economic development incentive application, the
  154  executive director shall approve or disapprove the application
  155  and issue a letter of certification to the applicant which
  156  includes a justification of that decision, unless the business
  157  requests an extension of that time.
  158         (b) The release of funds for the incentive or incentives
  159  awarded to the applicant depends upon the statutory requirements
  160  of the particular incentive program, except as provided in
  161  subsection (4).
  162         Section 7. Subsection (6) of section 288.8013, Florida
  163  Statutes, is amended to read:
  164         288.8013 Triumph Gulf Coast, Inc.; Recovery Fund; creation;
  165  investment.—
  166         (6) The Auditor General shall conduct an operational audit
  167  of the Recovery Fund and Triumph Gulf Coast, Inc., annually.
  168  Triumph Gulf Coast, Inc., shall provide to the Auditor General
  169  any detail or supplemental data required.
  170         Section 8. Subsection (3) and paragraph (a) of subsection
  171  (9) of section 288.8014, Florida Statutes, are amended to read:
  172         288.8014 Triumph Gulf Coast, Inc.; organization; board of
  173  directors.—
  174         (3) Notwithstanding s. 20.052(4)(c), each initial
  175  appointment to the board of directors by the Board of Trustees
  176  of the State Board of Administration shall serve for a term that
  177  ends 4 years after the Legislature appropriates funds to the
  178  Recovery Fund. To achieve staggered terms among the members of
  179  the board, each initial appointment to the board of directors by
  180  the President of the Senate and the Speaker of the House of
  181  Representatives shall serve for a term that ends 5 years after
  182  the Legislature appropriates funds to the Recovery Fund.
  183  Thereafter, each member of the board of directors shall serve
  184  for a term of 4 years, except that initially the appointments of
  185  the President of the Senate and the Speaker of the House of
  186  Representatives each shall serve a term of 2 years to achieve
  187  staggered terms among the members of the board. A member is not
  188  eligible for reappointment to the board, except, however, any
  189  member appointed to fill a vacancy for a term of 2 years or less
  190  may be reappointed for an additional term of 4 years. The
  191  initial appointments to the board must be made by November 15,
  192  2013. Vacancies on the board of directors shall be filled by the
  193  officer who originally appointed the member. A vacancy that
  194  occurs before the scheduled expiration of the term of the member
  195  shall be filled for the remainder of the unexpired term.
  196         (9)(a) Triumph Gulf Coast, Inc., is permitted to hire or
  197  contract for all staff necessary to the proper execution of its
  198  powers and duties to implement this act. The corporation is
  199  required to retain:
  200         1. An independent certified public accountant licensed in
  201  this state pursuant to chapter 473 to inspect the records of and
  202  to annually audit the expenditure of the earnings and available
  203  principal disbursed by Triumph Gulf Coast, Inc.
  204         2. An independent financial advisor to assist Triumph Gulf
  205  Coast, Inc., in the development and implementation of a
  206  strategic plan consistent with the requirements of this act.
  207         3. An economic advisor who will assist in the award
  208  process, including the development of priorities, allocation
  209  decisions, and the application and process; will assist the
  210  board in determining eligibility of award applications and the
  211  evaluation and scoring of applications; and will assist in the
  212  development of award documentation.
  213         4. A legal advisor with expertise in not-for-profit
  214  investing and contracting and who is a member of The Florida Bar
  215  to assist with contracting and carrying out the intent of this
  216  act.
  217         Section 9. Subsection (7) of section 288.987, Florida
  218  Statutes, is amended to read:
  219         288.987 Florida Defense Support Task Force.—
  220         (7) The department shall contract with the task force for
  221  expenditure of appropriated funds, which may be used by the task
  222  force for economic and product research and development, joint
  223  planning with host communities to accommodate military missions
  224  and prevent base encroachment, advocacy on the state’s behalf
  225  with federal civilian and military officials, assistance to
  226  school districts in providing a smooth transition for large
  227  numbers of additional military-related students, job training
  228  and placement for military spouses in communities with high
  229  proportions of active duty military personnel, and promotion of
  230  the state to military and related contractors and employers. The
  231  task force may annually spend up to $250,000 $200,000 of funds
  232  appropriated to the department for the task force for staffing
  233  and administrative expenses of the task force, including travel
  234  and per diem costs incurred by task force members who are not
  235  otherwise eligible for state reimbursement.
  236         Section 10. Section 290.0411, Florida Statutes, is amended
  237  to read:
  238         290.0411 Legislative intent and purpose of ss. 290.0401
  239  290.048.—It is the intent of the Legislature to provide the
  240  necessary means to develop, preserve, redevelop, and revitalize
  241  Florida communities exhibiting signs of decline, or distress, or
  242  economic need by enabling local governments to undertake the
  243  necessary community and economic development programs. The
  244  overall objective is to create viable communities by eliminating
  245  slum and blight, fortifying communities in urgent need,
  246  providing decent housing and suitable living environments, and
  247  expanding economic opportunities, principally for persons of low
  248  or moderate income. The purpose of ss. 290.0401-290.048 is to
  249  assist local governments in carrying out effective community and
  250  economic development and project planning and design activities
  251  to arrest and reverse community decline and restore community
  252  vitality. Community and economic development and project
  253  planning activities to maintain viable communities, revitalize
  254  existing communities, expand economic development and employment
  255  opportunities, and improve housing conditions and expand housing
  256  opportunities, providing direct benefit to persons of low or
  257  moderate income, are the primary purposes of ss. 290.0401
  258  290.048. The Legislature, therefore, declares that the
  259  development, redevelopment, preservation, and revitalization of
  260  communities in this state and all the purposes of ss. 290.0401
  261  290.048 are public purposes for which public money may be
  262  borrowed, expended, loaned, pledged to guarantee loans, and
  263  granted.
  264         Section 11. Section 290.044, Florida Statutes, is amended
  265  to read:
  266         290.044 Florida Small Cities Community Development Block
  267  Grant Program Fund; administration; distribution.—
  268         (1) The Florida Small Cities Community Development Block
  269  Grant Program Fund is created. All revenue designated for
  270  deposit in such fund shall be deposited by the appropriate
  271  agency. The department shall administer this fund as a grant and
  272  loan guarantee program for carrying out the purposes of ss.
  273  290.0401-290.048.
  274         (2) The department shall distribute such funds as loan
  275  guarantees and grants to eligible local governments on the basis
  276  of a competitive selection process established by rule.
  277         (3) The department shall require applicants for grants to
  278  compete against each other in the following grant program
  279  categories:
  280         (a) Housing rehabilitation.
  281         (b) Economic development.
  282         (c) Neighborhood revitalization.
  283         (d) Commercial revitalization.
  284         (4)(3) The department shall define the broad community
  285  development objectives objective to be achieved by the
  286  activities in each of the following grant program categories
  287  with the use of funds from the Florida Small Cities Community
  288  Development Block Grant Program Fund. Such objectives shall be
  289  designed to meet at least one of the national objectives
  290  provided in the Housing and Community Development Act of 1974,
  291  and require applicants for grants to compete against each other
  292  in these grant program categories:
  293         (a) Housing.
  294         (b) Economic development.
  295         (c) Neighborhood revitalization.
  296         (d) Commercial revitalization.
  297         (e) Project planning and design.
  298         (5)(4) The department may set aside an amount of up to 5
  299  percent of the funds annually for use in any eligible local
  300  government jurisdiction for which an emergency or natural
  301  disaster has been declared by executive order. Such funds may
  302  only be provided to a local government to fund eligible
  303  emergency-related activities for which no other source of
  304  federal, state, or local disaster funds is available. The
  305  department may provide for such set-aside by rule. In the last
  306  quarter of the state fiscal year, any funds not allocated under
  307  the emergency-related set-aside shall be distributed to unfunded
  308  applications from the most recent funding cycle.
  309         (6)(5) The department shall establish a system of
  310  monitoring grants, including site visits, to ensure the proper
  311  expenditure of funds and compliance with the conditions of the
  312  recipient’s contract. The department shall establish criteria
  313  for implementation of internal control, to include, but not be
  314  limited to, the following measures:
  315         (a) Ensuring that subrecipient audits performed by a
  316  certified public accountant are received and responded to in a
  317  timely manner.
  318         (b) Establishing a uniform system of monitoring that
  319  documents appropriate followup as needed.
  320         (c) Providing specific justification for contract
  321  amendments that takes into account any change in contracted
  322  activities and the resultant cost adjustments which shall be
  323  reflected in the amount of the grant.
  324         Section 12. Section 290.046, Florida Statutes, is amended
  325  to read:
  326         290.046 Applications for grants; procedures; requirements.—
  327         (1) In applying for a grant under a specific program
  328  category, an applicant shall propose eligible activities that
  329  directly address the objectives objective of that program
  330  category.
  331         (2)(a) Except for applications for economic development
  332  grants as provided in subparagraph (b)1. paragraph (c), an each
  333  eligible local government may submit one an application for a
  334  grant under either the housing program category or the
  335  neighborhood revitalization program category during each
  336  application annual funding cycle. An applicant may not receive
  337  more than one grant in any state fiscal year from any of the
  338  following categories: housing, neighborhood revitalization, or
  339  commercial revitalization.
  340         (b)1. An Except as provided in paragraph (c), each eligible
  341  local government may apply up to three times in any one annual
  342  funding cycle for an economic development a grant under the
  343  economic development program category but may not shall receive
  344  no more than one such grant per annual funding cycle. A local
  345  government may have more than one open economic development
  346  grant Applications for grants under the economic development
  347  program category may be submitted at any time during the annual
  348  funding cycle, and such grants shall be awarded no less
  349  frequently than three times per funding cycle.
  350         2. The department shall establish minimum criteria
  351  pertaining to the number of jobs created for persons of low or
  352  moderate income, the degree of private sector financial
  353  commitment, and the economic feasibility of the proposed project
  354  and shall establish any other criteria the department deems
  355  appropriate. Assistance to a private, for-profit business may
  356  not be provided from a grant award unless sufficient evidence
  357  exists to demonstrate that without such public assistance the
  358  creation or retention of such jobs would not occur.
  359         (c)1. A local government governments with an open housing
  360  rehabilitation, neighborhood revitalization, or commercial
  361  revitalization contract is shall not be eligible to apply for
  362  another housing rehabilitation, neighborhood revitalization, or
  363  commercial revitalization grant until administrative closeout of
  364  its their existing contract. The department shall notify a local
  365  government of administrative closeout or of any outstanding
  366  closeout issues within 45 days after of receipt of a closeout
  367  package from the local government. A local government
  368  governments with an open housing rehabilitation, neighborhood
  369  revitalization, or commercial revitalization community
  370  development block grant contract whose activities are on
  371  schedule in accordance with the expenditure rates and
  372  accomplishments described in the contract may apply for an
  373  economic development grant.
  374         2. A local government governments with an open economic
  375  development community development block grant contract whose
  376  activities are on schedule in accordance with the expenditure
  377  rates and accomplishments described in the contract may apply
  378  for a housing rehabilitation, or neighborhood revitalization, or
  379  and a commercial revitalization community development block
  380  grant. A local government governments with an open economic
  381  development contract whose activities are on schedule in
  382  accordance with the expenditure rates and accomplishments
  383  described in the contract may receive no more than one
  384  additional economic development grant in each fiscal year.
  385         (d) Beginning October 1, 1988, The department may not shall
  386  award a no grant until it the department has conducted
  387  determined, based upon a site visit to verify the information
  388  contained in the local government’s application, that the
  389  proposed area matches and adheres to the written description
  390  contained within the applicant’s request. If, based upon review
  391  of the application or a site visit, the department determines
  392  that any information provided in the application which affects
  393  eligibility or scoring has been misrepresented, the applicant’s
  394  request shall be rejected by the department pursuant to s.
  395  290.0475(7). Mathematical errors in applications which may be
  396  discovered and corrected by readily computing available numbers
  397  or formulas provided in the application shall not be a basis for
  398  such rejection.
  399         (3)(a) The department shall rank each application received
  400  during the application cycle according to criteria established
  401  by rule. The ranking system shall include a procedure to
  402  eliminate or reduce any population-related bias that places
  403  exceptionally small communities at a disadvantage in the
  404  competition for funds Each application shall be ranked
  405  competitively based on community need and program impact.
  406  Community need shall be weighted 25 percent. Program impact
  407  shall be weighted 65 percent. Outstanding performance in equal
  408  opportunity employment and housing shall be weighted 10 percent.
  409         (b) Funds shall be distributed according to the rankings
  410  established in each application cycle. If economic development
  411  funds remain available after the application cycle closes, the
  412  remaining funds shall be awarded to eligible projects on a
  413  first-come, first-served basis until such funds are fully
  414  obligated The criteria used to measure community need shall
  415  include, at a minimum, indicators of the extent of poverty in
  416  the community and the condition of physical structures. Each
  417  application, regardless of the program category for which it is
  418  being submitted, shall be scored competitively on the same
  419  community need criteria. In recognition of the benefits
  420  resulting from the receipt of grant funds, the department shall
  421  provide for the reduction of community need scores for specified
  422  increments of grant funds provided to a local government since
  423  the state began using the most recent census data. In the year
  424  in which new census data are first used, no such reduction shall
  425  occur.
  426         (c) The application’s program impact score, equal
  427  employment opportunity and fair housing score, and communitywide
  428  needs score may take into consideration scoring factors,
  429  including, but not limited to, unemployment, poverty levels,
  430  low-income and moderate-income populations, benefits to low
  431  income and moderate-income residents, use of minority-owned and
  432  woman-owned business enterprises in previous grants, health and
  433  safety issues, and the condition of physical structures The
  434  criteria used to measure the impact of an applicant’s proposed
  435  activities shall include, at a minimum, indicators of the direct
  436  benefit received by persons of low income and persons of
  437  moderate income, the extent to which the problem identified is
  438  addressed by the proposed activities, and the extent to which
  439  resources other than the funds being applied for under this
  440  program are being used to carry out the proposed activities.
  441         (d) Applications shall be scored competitively on program
  442  impact criteria that are uniquely tailored to the community
  443  development objective established in each program category. The
  444  criteria used to measure the direct benefit to persons of low
  445  income and persons of moderate income shall represent no less
  446  than 42 percent of the points assigned to the program impact
  447  factor. For the housing and neighborhood revitalization
  448  categories, the department shall also include the following
  449  criteria in the scoring of applications:
  450         1. The proportion of very-low-income and low-income
  451  households served.
  452         2. The degree to which improvements are related to the
  453  health and safety of the households served.
  454         (4) An applicant for a neighborhood revitalization or
  455  commercial revitalization grant shall demonstrate that its
  456  activities are to be carried out in distinct service areas which
  457  are characterized by the existence of slums or blighted
  458  conditions, or by the concentration of persons of low or
  459  moderate income.
  460         (4)(5) In order to provide citizens with information
  461  concerning an applicant’s proposed project, the applicant shall
  462  make available to the public information concerning the amounts
  463  of funds available for various activities and the range of
  464  activities that may be undertaken. In addition, the applicant
  465  shall hold a minimum of two public hearings in the local
  466  jurisdiction within which the project is to be implemented to
  467  obtain the views of citizens before submitting the final
  468  application to the department. The applicant shall conduct the
  469  initial hearing to solicit public input concerning community
  470  needs, inform the public about funding opportunities available
  471  to address community needs, and discuss activities that may be
  472  undertaken. Before a second public hearing is held, the
  473  applicant must publish a summary of the proposed application
  474  that provides citizens with an opportunity to examine the
  475  contents of the application and to submit comments. The
  476  applicant shall conduct a second hearing to obtain comments from
  477  citizens concerning the proposed application and to modify the
  478  proposed application if appropriate program before an
  479  application is submitted to the department, the applicant shall:
  480         (a) Make available to the public information concerning the
  481  amounts of funds available for various activities and the range
  482  of activities that may be undertaken.
  483         (b) Hold at least one public hearing to obtain the views of
  484  citizens on community development needs.
  485         (c) Develop and publish a summary of the proposed
  486  application that will provide citizens with an opportunity to
  487  examine its contents and submit their comments.
  488         (d) Consider any comments and views expressed by citizens
  489  on the proposed application and, if appropriate, modify the
  490  proposed application.
  491         (e) Hold at least one public hearing in the jurisdiction
  492  within which the project is to be implemented to obtain the
  493  views of citizens on the final application prior to its
  494  submission to the department.
  495         (5)(6) The local government may shall establish a citizen
  496  advisory task force composed of citizens in the jurisdiction in
  497  which the proposed project is to be implemented to provide input
  498  relative to all phases of the project process. The local
  499  government must obtain consent from the department for any other
  500  type of citizen participation plan upon a showing that such plan
  501  is better suited to secure citizen participation for that
  502  locality.
  503         (6)(7) The department shall, before prior to approving an
  504  application for a grant, determine that the applicant has the
  505  administrative capacity to carry out the proposed activities and
  506  has performed satisfactorily in carrying out past activities
  507  funded by community development block grants. The evaluation of
  508  past performance shall take into account procedural aspects of
  509  previous grants as well as substantive results. If the
  510  department determines that any applicant has failed to
  511  accomplish substantially the results it proposed in its last
  512  previously funded application, it may prohibit the applicant
  513  from receiving a grant or may penalize the applicant in the
  514  rating of the current application. An No application for grant
  515  funds may not be denied solely upon the basis of the past
  516  performance of the eligible applicant.
  517         Section 13. Subsections (3) and (6) of section 290.047,
  518  Florida Statutes, are amended to read:
  519         290.047 Establishment of grant ceilings and maximum
  520  administrative cost percentages; elimination of population bias;
  521  loans in default.—
  522         (3) The maximum percentage of block grant funds that can be
  523  spent on administrative costs by an eligible local government
  524  shall be 15 percent for the housing rehabilitation program
  525  category, 8 percent for both the neighborhood and the commercial
  526  revitalization program categories, and 8 percent for the
  527  economic development program category. The maximum amount of
  528  block grant funds that may be spent on administrative costs by
  529  an eligible local government for the economic development
  530  program category is $120,000. The purpose of the ceiling is to
  531  maximize the amount of block grant funds actually going toward
  532  the redevelopment of the area. The department will continue to
  533  encourage eligible local governments to consider ways to limit
  534  the amount of block grant funds used for administrative costs,
  535  consistent with the need for prudent management and
  536  accountability in the use of public funds. However, this
  537  subsection does shall not be construed, however, to prohibit
  538  eligible local governments from contributing their own funds or
  539  making in-kind contributions to cover administrative costs which
  540  exceed the prescribed ceilings, provided that all such
  541  contributions come from local government resources other than
  542  Community Development Block Grant funds.
  543         (6) The maximum amount percentage of block grant funds that
  544  may be spent on engineering and architectural costs by an
  545  eligible local government shall be determined in accordance with
  546  a method schedule adopted by the department by rule. Any such
  547  method schedule so adopted shall be consistent with the schedule
  548  used by the United States Farmer’s Home Administration as
  549  applied to projects in Florida or another comparable schedule as
  550  amended.
  551         Section 14. Section 290.0475, Florida Statutes, is amended
  552  to read:
  553         290.0475 Rejection of grant applications; penalties for
  554  failure to meet application conditions.—Applications are
  555  ineligible received for funding if under all program categories
  556  shall be rejected without scoring only in the event that any of
  557  the following circumstances arise:
  558         (1) The application is not received by the department by
  559  the application deadline;.
  560         (2) The proposed project does not meet one of the three
  561  national objectives as contained in federal and state
  562  legislation;.
  563         (3) The proposed project is not an eligible activity as
  564  contained in the federal legislation;.
  565         (4) The application is not consistent with the local
  566  government’s comprehensive plan adopted pursuant to s.
  567  163.3184;.
  568         (5) The applicant has an open community development block
  569  grant, except as provided in s. 290.046(2)(b) and (c) and
  570  department rules; 290.046(2)(c).
  571         (6) The local government is not in compliance with the
  572  citizen participation requirements prescribed in ss. 104(a)(1)
  573  and (2) and 106(d)(5)(c) of Title I of the Housing and Community
  574  Development Act of 1974, s. 290.046(4), 1984 and department
  575  rules; or.
  576         (7) Any information provided in the application that
  577  affects eligibility or scoring is found to have been
  578  misrepresented, and the information is not a mathematical error
  579  which may be discovered and corrected by readily computing
  580  available numbers or formulas provided in the application.
  581         Section 15. Subsection (5) of section 290.048, Florida
  582  Statutes, is amended to read:
  583         290.048 General powers of department under ss. 290.0401
  584  290.048.—The department has all the powers necessary or
  585  appropriate to carry out the purposes and provisions of the
  586  program, including the power to:
  587         (5) Adopt and enforce strict requirements concerning an
  588  applicant’s written description of a service area. Each such
  589  description shall contain maps which illustrate the location of
  590  the proposed service area. All such maps must be clearly legible
  591  and must:
  592         (a) Contain a scale which is clearly marked on the map.
  593         (b) Show the boundaries of the locality.
  594         (c) Show the boundaries of the service area where the
  595  activities will be concentrated.
  596         (d) Display the location of all proposed area activities.
  597         (e) Include the names of streets, route numbers, or easily
  598  identifiable landmarks where all service activities are located.
  599         Section 16. Subsections (5) and (8) of section 331.3051,
  600  Florida Statutes, are amended to read:
  601         331.3051 Duties of Space Florida.—Space Florida shall:
  602         (5) Consult with the Florida Tourism Industry Marketing
  603  Corporation Enterprise Florida, Inc., in developing a space
  604  tourism marketing plan. Space Florida and the Florida Tourism
  605  Industry Marketing Corporation Enterprise Florida, Inc., may
  606  enter into a mutually beneficial agreement that provides funding
  607  to the corporation Enterprise Florida, Inc., for its services to
  608  implement this subsection.
  609         (8) Carry out its responsibility for research and
  610  development by:
  611         (a) Contracting for the operations of the state’s Space
  612  Life Sciences Laboratory.
  613         (b) Working in collaboration with one or more public or
  614  private universities and other public or private entities to
  615  develop a proposal for a Center of Excellence for Aerospace that
  616  will foster and promote the research necessary to develop
  617  commercially promising, advanced, and innovative science and
  618  technology and will transfer those discoveries to the commercial
  619  sector. This may include developing a proposal to establish a
  620  Center of Excellence for Aerospace.
  621         (c) Supporting universities in this state that are members
  622  of the Federal Aviation Administration’s Center of Excellence
  623  for Commercial Space Transportation to assure a safe,
  624  environmentally compatible, and efficient commercial space
  625  transportation system in this state.
  626         Section 17. Section 331.371, Florida Statutes, is created
  627  to read:
  628         331.371 Strategic space infrastructure investment.—In
  629  consultation with Space Florida, the Department of
  630  Transportation may fund strategic spaceport launch support
  631  facilities investment projects, as defined in s. 331.303, at up
  632  to 100 percent of the project’s cost if:
  633         (1) Important access and on-spaceport and commercial launch
  634  facility capacity improvements are provided;
  635         (2) Capital improvements that strategically position the
  636  state to maximize opportunities in international trade are
  637  achieved;
  638         (3) Goals of an integrated intermodal transportation system
  639  for the state are achieved; and
  640         (4) Feasibility and availability of matching funds through
  641  federal, local, or private partners are demonstrated.
  642         Section 18. Subsection (26) of section 443.036, Florida
  643  Statutes, is repealed.
  644         Section 19. Paragraph (c) of subsection (1) of section
  645  443.091, Florida Statutes, is amended to read:
  646         443.091 Benefit eligibility conditions.—
  647         (1) An unemployed individual is eligible to receive
  648  benefits for any week only if the Department of Economic
  649  Opportunity finds that:
  650         (c) To make continued claims for benefits, she or he is
  651  reporting to the department in accordance with this paragraph
  652  and department rules, and participating in an initial skills
  653  review, as directed by the department. Department rules may not
  654  conflict with s. 443.111(1)(b), which requires that each
  655  claimant continue to report regardless of any pending appeal
  656  relating to her or his eligibility or disqualification for
  657  benefits.
  658         1. For each week of unemployment claimed, each report must,
  659  at a minimum, include the name, address, and telephone number of
  660  each prospective employer contacted, or the date the claimant
  661  reported to a one-stop career center, pursuant to paragraph (d).
  662         2. The department must offer an online assessment that
  663  serves to identify an individual’s skills, abilities, and career
  664  aptitude. The skills assessment must be voluntary, and the
  665  department must allow a claimant to choose whether to take the
  666  skills assessment. The online assessment shall be made available
  667  to any person seeking services from a regional workforce board
  668  or a one-stop career center The administrator or operator of the
  669  initial skills review shall notify the department when the
  670  individual completes the initial skills review and report the
  671  results of the review to the regional workforce board or the
  672  one-stop career center as directed by the workforce board. The
  673  department shall prescribe a numeric score on the initial skills
  674  review that demonstrates a minimal proficiency in workforce
  675  skills.
  676         a. If the claimant chooses to take the online assessment,
  677  the outcome of the assessment must be made available to the
  678  claimant, regional workforce board, and one-stop career center.
  679  The department, workforce board, or one-stop career center shall
  680  use the assessment initial skills review to develop a plan for
  681  referring individuals to training and employment opportunities.
  682  Aggregate data on assessment outcomes may be made available to
  683  Workforce Florida, Inc., and Enterprise Florida, Inc., for use
  684  in the development of policies related to education and training
  685  programs that will ensure that businesses in this state have
  686  access to a skilled and competent workforce The failure of the
  687  individual to comply with this requirement will result in the
  688  individual being determined ineligible for benefits for the week
  689  in which the noncompliance occurred and for any subsequent week
  690  of unemployment until the requirement is satisfied. However,
  691  this requirement does not apply if the individual is exempt from
  692  the work registration requirement as set forth in paragraph (b).
  693         b.3.Individuals Any individual who falls below the minimal
  694  proficiency score prescribed by the department in subparagraph
  695  2. on the initial skills review shall be informed of and offered
  696  services through the one-stop delivery system, including career
  697  counseling, provision of skill match and job market information,
  698  and skills upgrade and other training opportunities, and shall
  699  be encouraged to participate in such services training at no
  700  cost to the individuals individual in order to improve his or
  701  her workforce skills to the minimal proficiency level.
  702         4. The department shall coordinate with Workforce Florida,
  703  Inc., the workforce boards, and the one-stop career centers to
  704  identify, develop, and use utilize best practices for improving
  705  the skills of individuals who choose to participate in skills
  706  upgrade and other training opportunities. The department may
  707  contract with an entity to create the online assessment in
  708  accordance with the competitive bidding requirements in s.
  709  287.057. The online assessment must work seamlessly with the
  710  Reemployment Assistance Claims and Benefits Information System
  711  and who have a minimal proficiency score below the score
  712  prescribed in subparagraph 2.
  713         5. The department, in coordination with Workforce Florida,
  714  Inc., the workforce boards, and the one-stop career centers,
  715  shall evaluate the use, effectiveness, and costs associated with
  716  the training prescribed in subparagraph 3. and report its
  717  findings and recommendations for training and the use of best
  718  practices to the Governor, the President of the Senate, and the
  719  Speaker of the House of Representatives by January 1, 2013.
  720         Section 20. Subsections (1), (2), and (5) of section
  721  443.1116, Florida Statutes, are amended to read:
  722         443.1116 Short-time compensation.—
  723         (1) DEFINITIONS.—As used in this section, the term:
  724         (a) “Affected unit” means a specified plant, department,
  725  shift, or other definable unit of two or more employees
  726  designated by the employer to participate in a short-time
  727  compensation plan.
  728         (b) “Employer-sponsored training” means a training
  729  component sponsored by an employer to improve the skills of the
  730  employer’s workers.
  731         (c)(b) “Normal weekly hours of work” means the number of
  732  hours in a week that an individual would regularly work for the
  733  short-time compensation employer, not to exceed 40 hours,
  734  excluding overtime.
  735         (d)(c) “Short-time compensation benefits” means benefits
  736  payable to individuals in an affected unit under an approved
  737  short-time compensation plan.
  738         (e)(d) “Short-time compensation employer” means an employer
  739  with a short-time compensation plan in effect.
  740         (f)(e) “Short-time compensation plan” or “plan” means an
  741  employer’s written plan for reducing unemployment under which an
  742  affected unit shares the work remaining after its normal weekly
  743  hours of work are reduced.
  744         (2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.—An employer
  745  wishing to participate in the short-time compensation program
  746  must submit a signed, written, short-time plan to the Department
  747  of Economic Opportunity for approval. The director or his or her
  748  designee shall approve the plan if:
  749         (a) The plan applies to and identifies each specific
  750  affected unit;
  751         (b) The individuals in the affected unit are identified by
  752  name and social security number;
  753         (c) The normal weekly hours of work for individuals in the
  754  affected unit are reduced by at least 10 percent and by not more
  755  than 40 percent;
  756         (d) The plan includes a certified statement by the employer
  757  that the aggregate reduction in work hours is in lieu of
  758  temporary layoffs that would affect at least 10 percent of the
  759  employees in the affected unit and that would have resulted in
  760  an equivalent reduction in work hours;
  761         (e) The plan applies to at least 10 percent of the
  762  employees in the affected unit;
  763         (f) The plan is approved in writing by the collective
  764  bargaining agent for each collective bargaining agreement
  765  covering any individual in the affected unit;
  766         (g) The plan does not serve as a subsidy to seasonal
  767  employers during the off-season or as a subsidy to employers who
  768  traditionally use part-time employees; and
  769         (h) The plan certifies that, if the employer provides
  770  fringe benefits to any employee whose workweek is reduced under
  771  the program, the fringe benefits will continue to be provided to
  772  the employee participating in the short-time compensation
  773  program under the same terms and conditions as though the
  774  workweek of such employee had not been reduced or to the same
  775  extent as other employees not participating in the short-time
  776  compensation program the manner in which the employer will treat
  777  fringe benefits of the individuals in the affected unit if the
  778  hours of the individuals are reduced to less than their normal
  779  weekly hours of work. As used in this paragraph, the term
  780  “fringe benefits” includes, but is not limited to, health
  781  insurance, retirement benefits under defined benefit pension
  782  plans as defined in subsection 35 of s. 1002 of the Employee
  783  Retirement Income Security Act of 1974, 29 U.S.C., contributions
  784  under a defined contribution plan as defined in s. 414(i) of the
  785  Internal Revenue Code, paid vacation and holidays, and sick
  786  leave;.
  787         (i) The plan describes the manner in which the requirements
  788  of this subsection will be implemented, including a plan for
  789  giving notice, if feasible, to an employee whose workweek is to
  790  be reduced, together with an estimate of the number of layoffs
  791  that would have occurred absent the ability to participate in
  792  short-time compensation; and
  793         (j) The terms of the employer’s written plan and
  794  implementation are consistent with employer obligations under
  795  applicable federal laws and laws of this state.
  796         (5) ELIGIBILITY REQUIREMENTS FOR SHORT-TIME COMPENSATION
  797  BENEFITS.—
  798         (a) Except as provided in this subsection, an individual is
  799  eligible to receive short-time compensation benefits for any
  800  week only if she or he complies with this chapter and the
  801  Department of Economic Opportunity finds that:
  802         1. The individual is employed as a member of an affected
  803  unit in an approved plan that was approved before the week and
  804  is in effect for the week;
  805         2. The individual is able to work and is available for
  806  additional hours of work or for full-time work with the short
  807  time employer; and
  808         3. The normal weekly hours of work of the individual are
  809  reduced by at least 10 percent but not by more than 40 percent,
  810  with a corresponding reduction in wages.
  811         (b) The department may not deny short-time compensation
  812  benefits to an individual who is otherwise eligible for these
  813  benefits for any week by reason of the application of any
  814  provision of this chapter relating to availability for work,
  815  active search for work, or refusal to apply for or accept work
  816  from other than the short-time compensation employer of that
  817  individual.
  818         (c) The department may not deny short-time compensation
  819  benefits to an individual who is otherwise eligible for these
  820  benefits for any week because such individual is participating
  821  in an employer-sponsored training or a training under the
  822  Workforce Investment Act to improve job skills when the training
  823  is approved by the department.
  824         (d)(c) Notwithstanding any other provision of this chapter,
  825  an individual is deemed unemployed in any week for which
  826  compensation is payable to her or him, as an employee in an
  827  affected unit, for less than her or his normal weekly hours of
  828  work in accordance with an approved short-time compensation plan
  829  in effect for the week.
  830         Section 21. Paragraph (f) of subsection (1) of section
  831  443.141, Florida Statutes, is amended to read:
  832         443.141 Collection of contributions and reimbursements.—
  833         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
  834  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
  835         (f) Payments for 2012, 2013, and 2014 contributions.—For an
  836  annual administrative fee not to exceed $5, a contributing
  837  employer may pay its quarterly contributions due for wages paid
  838  in the first three quarters of each year of 2012, 2013, and 2014
  839  in equal installments if those contributions are paid as
  840  follows:
  841         1. For contributions due for wages paid in the first
  842  quarter of each year, one-fourth of the contributions due must
  843  be paid on or before April 30, one-fourth must be paid on or
  844  before July 31, one-fourth must be paid on or before October 31,
  845  and one-fourth must be paid on or before December 31.
  846         2. In addition to the payments specified in subparagraph
  847  1., for contributions due for wages paid in the second quarter
  848  of each year, one-third of the contributions due must be paid on
  849  or before July 31, one-third must be paid on or before October
  850  31, and one-third must be paid on or before December 31.
  851         3. In addition to the payments specified in subparagraphs
  852  1. and 2., for contributions due for wages paid in the third
  853  quarter of each year, one-half of the contributions due must be
  854  paid on or before October 31, and one-half must be paid on or
  855  before December 31.
  856         4. The annual administrative fee assessed for electing to
  857  pay under the installment method shall be collected at the time
  858  the employer makes the first installment payment each year. The
  859  fee shall be segregated from the payment and deposited into the
  860  Operating Trust Fund of the Department of Revenue.
  861         5. Interest does not accrue on any contribution that
  862  becomes due for wages paid in the first three quarters of each
  863  year if the employer pays the contribution in accordance with
  864  subparagraphs 1.-4. Interest and fees continue to accrue on
  865  prior delinquent contributions and commence accruing on all
  866  contributions due for wages paid in the first three quarters of
  867  each year which are not paid in accordance with subparagraphs
  868  1.-3. Penalties may be assessed in accordance with this chapter.
  869  The contributions due for wages paid in the fourth quarter of
  870  2012, 2013, and 2014 are not affected by this paragraph and are
  871  due and payable in accordance with this chapter.
  872         Section 22. Paragraph (a) of subsection (2) of section
  873  443.151, Florida Statutes, is amended to read:
  874         443.151 Procedure concerning claims.—
  875         (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
  876  CLAIMANTS AND EMPLOYERS.—
  877         (a) In general.—Initial and continued claims for benefits
  878  must be made by approved electronic or alternate means and in
  879  accordance with rules adopted by the Department of Economic
  880  Opportunity. The department shall provide alternative means,
  881  such as by telephone, for filing initial and continued claims if
  882  the department determines access to the approved electronic
  883  means is or will be unavailable and also must provide public
  884  notice of such unavailability. The department must notify
  885  claimants and employers regarding monetary and nonmonetary
  886  determinations of eligibility. Investigations of issues raised
  887  in connection with a claimant which may affect a claimant’s
  888  eligibility for benefits or charges to an employer’s employment
  889  record shall be conducted by the department through written,
  890  telephonic, or electronic means as prescribed by rule.
  891         Section 23. Subsection (1) of section 125.271, Florida
  892  Statutes, is amended to read:
  893         125.271 Emergency medical services; county emergency
  894  medical service assessments.—
  895         (1) As used in this section, the term “county” means:
  896         (a) A county that is within a rural area of opportunity
  897  critical economic concern as designated by the Governor pursuant
  898  to s. 288.0656;
  899         (b) A small county having a population of 75,000 or fewer
  900  on the effective date of this act which has levied at least 10
  901  mills of ad valorem tax for the previous fiscal year; or
  902         (c) A county that adopted an ordinance authorizing the
  903  imposition of an assessment for emergency medical services prior
  904  to January 1, 2002.
  905  
  906  Once a county has qualified under this subsection, it always
  907  retains the qualification.
  908         Section 24. Paragraphs (a), (b), and (e) of subsection (7)
  909  of section 163.3177, Florida Statutes, are amended to read:
  910         163.3177 Required and optional elements of comprehensive
  911  plan; studies and surveys.—
  912         (7)(a) The Legislature finds that:
  913         1. There are a number of rural agricultural industrial
  914  centers in the state that process, produce, or aid in the
  915  production or distribution of a variety of agriculturally based
  916  products, including, but not limited to, fruits, vegetables,
  917  timber, and other crops, and juices, paper, and building
  918  materials. Rural agricultural industrial centers have a
  919  significant amount of existing associated infrastructure that is
  920  used for processing, producing, or distributing agricultural
  921  products.
  922         2. Such rural agricultural industrial centers are often
  923  located within or near communities in which the economy is
  924  largely dependent upon agriculture and agriculturally based
  925  products. The centers significantly enhance the economy of such
  926  communities. However, these agriculturally based communities are
  927  often socioeconomically challenged and designated as rural areas
  928  of opportunity critical economic concern. If such rural
  929  agricultural industrial centers are lost and not replaced with
  930  other job-creating enterprises, the agriculturally based
  931  communities will lose a substantial amount of their economies.
  932         3. The state has a compelling interest in preserving the
  933  viability of agriculture and protecting rural agricultural
  934  communities and the state from the economic upheaval that would
  935  result from short-term or long-term adverse changes in the
  936  agricultural economy. To protect these communities and promote
  937  viable agriculture for the long term, it is essential to
  938  encourage and permit diversification of existing rural
  939  agricultural industrial centers by providing for jobs that are
  940  not solely dependent upon, but are compatible with and
  941  complement, existing agricultural industrial operations and to
  942  encourage the creation and expansion of industries that use
  943  agricultural products in innovative ways. However, the expansion
  944  and diversification of these existing centers must be
  945  accomplished in a manner that does not promote urban sprawl into
  946  surrounding agricultural and rural areas.
  947         (b) As used in this subsection, the term “rural
  948  agricultural industrial center” means a developed parcel of land
  949  in an unincorporated area on which there exists an operating
  950  agricultural industrial facility or facilities that employ at
  951  least 200 full-time employees in the aggregate and process and
  952  prepare for transport a farm product, as defined in s. 163.3162,
  953  or any biomass material that could be used, directly or
  954  indirectly, for the production of fuel, renewable energy,
  955  bioenergy, or alternative fuel as defined by law. The center may
  956  also include land contiguous to the facility site which is not
  957  used for the cultivation of crops, but on which other existing
  958  activities essential to the operation of such facility or
  959  facilities are located or conducted. The parcel of land must be
  960  located within, or within 10 miles of, a rural area of
  961  opportunity critical economic concern.
  962         (e) Nothing in This subsection does not shall be construed
  963  to confer the status of rural area of opportunity critical
  964  economic concern, or any of the rights or benefits derived from
  965  such status, on any land area not otherwise designated as such
  966  pursuant to s. 288.0656(7).
  967         Section 25. Subsection (3) of section 163.3187, Florida
  968  Statutes, is amended to read:
  969         163.3187 Process for adoption of small-scale comprehensive
  970  plan amendment.—
  971         (3) If the small scale development amendment involves a
  972  site within a rural area of opportunity critical economic
  973  concern as defined under s. 288.0656(2)(d) for the duration of
  974  such designation, the 10-acre limit listed in subsection (1)
  975  shall be increased by 100 percent to 20 acres. The local
  976  government approving the small scale plan amendment shall
  977  certify to the Office of Tourism, Trade, and Economic
  978  Development that the plan amendment furthers the economic
  979  objectives set forth in the executive order issued under s.
  980  288.0656(7), and the property subject to the plan amendment
  981  shall undergo public review to ensure that all concurrency
  982  requirements and federal, state, and local environmental permit
  983  requirements are met.
  984         Section 26. Subsection (10) of section 163.3246, Florida
  985  Statutes, is amended to read:
  986         163.3246 Local government comprehensive planning
  987  certification program.—
  988         (10) Notwithstanding subsections (2), (4), (5), (6), and
  989  (7), any municipality designated as a rural area of opportunity
  990  critical economic concern pursuant to s. 288.0656 which is
  991  located within a county eligible to levy the Small County Surtax
  992  under s. 212.055(3) shall be considered certified during the
  993  effectiveness of the designation of rural area of opportunity
  994  critical economic concern. The state land planning agency shall
  995  provide a written notice of certification to the local
  996  government of the certified area, which shall be considered
  997  final agency action subject to challenge under s. 120.569. The
  998  notice of certification shall include the following components:
  999         (a) The boundary of the certification area.
 1000         (b) A requirement that the local government submit either
 1001  an annual or biennial monitoring report to the state land
 1002  planning agency according to the schedule provided in the
 1003  written notice. The monitoring report shall, at a minimum,
 1004  include the number of amendments to the comprehensive plan
 1005  adopted by the local government, the number of plan amendments
 1006  challenged by an affected person, and the disposition of those
 1007  challenges.
 1008         Section 27. Paragraph (a) of subsection (6) of section
 1009  211.3103, Florida Statutes, is amended to read:
 1010         211.3103 Levy of tax on severance of phosphate rock; rate,
 1011  basis, and distribution of tax.—
 1012         (6)(a) Beginning July 1 of the 2011-2012 fiscal year, the
 1013  proceeds of all taxes, interest, and penalties imposed under
 1014  this section are exempt from the general revenue service charge
 1015  provided in s. 215.20, and such proceeds shall be paid into the
 1016  State Treasury as follows:
 1017         1. To the credit of the Conservation and Recreation Lands
 1018  Trust Fund, 25.5 percent.
 1019         2. To the credit of the General Revenue Fund of the state,
 1020  35.7 percent.
 1021         3. For payment to counties in proportion to the number of
 1022  tons of phosphate rock produced from a phosphate rock matrix
 1023  located within such political boundary, 12.8 percent. The
 1024  department shall distribute this portion of the proceeds
 1025  annually based on production information reported by the
 1026  producers on the annual returns for the taxable year. Any such
 1027  proceeds received by a county shall be used only for phosphate
 1028  related expenses.
 1029         4. For payment to counties that have been designated as a
 1030  rural area of opportunity critical economic concern pursuant to
 1031  s. 288.0656 in proportion to the number of tons of phosphate
 1032  rock produced from a phosphate rock matrix located within such
 1033  political boundary, 10.0 percent. The department shall
 1034  distribute this portion of the proceeds annually based on
 1035  production information reported by the producers on the annual
 1036  returns for the taxable year. Payments under this subparagraph
 1037  shall be made to the counties unless the Legislature by special
 1038  act creates a local authority to promote and direct the economic
 1039  development of the county. If such authority exists, payments
 1040  shall be made to that authority.
 1041         5. To the credit of the Nonmandatory Land Reclamation Trust
 1042  Fund, 6.2 percent.
 1043         6. To the credit of the Phosphate Research Trust Fund in
 1044  the Division of Universities of the Department of Education, 6.2
 1045  percent.
 1046         7. To the credit of the Minerals Trust Fund, 3.6 percent.
 1047         Section 28. Paragraph (c) of subsection (1) of section
 1048  212.098, Florida Statutes, is amended to read:
 1049         212.098 Rural Job Tax Credit Program.—
 1050         (1) As used in this section, the term:
 1051         (c) “Qualified area” means any area that is contained
 1052  within a rural area of opportunity critical economic concern
 1053  designated under s. 288.0656, a county that has a population of
 1054  fewer than 75,000 persons, or a county that has a population of
 1055  125,000 or less and is contiguous to a county that has a
 1056  population of less than 75,000, selected in the following
 1057  manner: every third year, the Department of Economic Opportunity
 1058  shall rank and tier the state’s counties according to the
 1059  following four factors:
 1060         1. Highest unemployment rate for the most recent 36-month
 1061  period.
 1062         2. Lowest per capita income for the most recent 36-month
 1063  period.
 1064         3. Highest percentage of residents whose incomes are below
 1065  the poverty level, based upon the most recent data available.
 1066         4. Average weekly manufacturing wage, based upon the most
 1067  recent data available.
 1068         Section 29. Subsection (1) of section 218.67, Florida
 1069  Statutes, is amended to read:
 1070         218.67 Distribution for fiscally constrained counties.—
 1071         (1) Each county that is entirely within a rural area of
 1072  opportunity critical economic concern as designated by the
 1073  Governor pursuant to s. 288.0656 or each county for which the
 1074  value of a mill will raise no more than $5 million in revenue,
 1075  based on the taxable value certified pursuant to s.
 1076  1011.62(4)(a)1.a., from the previous July 1, shall be considered
 1077  a fiscally constrained county.
 1078         Section 30. Subsection (1) of section 288.018, Florida
 1079  Statutes, is amended to read:
 1080         288.018 Regional Rural Development Grants Program.—
 1081         (1) The department shall establish a matching grant program
 1082  to provide funding to regionally based economic development
 1083  organizations representing rural counties and communities for
 1084  the purpose of building the professional capacity of their
 1085  organizations. Such matching grants may also be used by an
 1086  economic development organization to provide technical
 1087  assistance to businesses within the rural counties and
 1088  communities that it serves. The department is authorized to
 1089  approve, on an annual basis, grants to such regionally based
 1090  economic development organizations. The maximum amount an
 1091  organization may receive in any year will be $50,000 $35,000, or
 1092  $150,000 $100,000 in a rural area of opportunity critical
 1093  economic concern recommended by the Rural Economic Development
 1094  Initiative and designated by the Governor, and must be matched
 1095  each year by an equivalent amount of nonstate resources.
 1096         Section 31. Paragraphs (a) and (c) of subsection (2) of
 1097  section 288.065, Florida Statutes, are amended to read:
 1098         288.065 Rural Community Development Revolving Loan Fund.—
 1099         (2)(a) The program shall provide for long-term loans, loan
 1100  guarantees, and loan loss reserves to units of local
 1101  governments, or economic development organizations substantially
 1102  underwritten by a unit of local government, within counties with
 1103  populations of 75,000 or fewer, or within any county with a
 1104  population of 125,000 or fewer which is contiguous to a county
 1105  with a population of 75,000 or fewer, based on the most recent
 1106  official population estimate as determined under s. 186.901,
 1107  including those residing in incorporated areas and those
 1108  residing in unincorporated areas of the county, or to units of
 1109  local government, or economic development organizations
 1110  substantially underwritten by a unit of local government, within
 1111  a rural area of opportunity critical economic concern.
 1112         (c) All repayments of principal and interest shall be
 1113  returned to the loan fund and made available for loans to other
 1114  applicants. However, in a rural area of opportunity critical
 1115  economic concern designated by the Governor, and upon approval
 1116  by the department, repayments of principal and interest may be
 1117  retained by the applicant if such repayments are dedicated and
 1118  matched to fund regionally based economic development
 1119  organizations representing the rural area of opportunity
 1120  critical economic concern.
 1121         Section 32. Paragraphs (b), (c), and (e) of subsection (2)
 1122  of section 288.0655, Florida Statutes, are amended to read:
 1123         288.0655 Rural Infrastructure Fund.—
 1124         (2)
 1125         (b) To facilitate access of rural communities and rural
 1126  areas of opportunity critical economic concern as defined by the
 1127  Rural Economic Development Initiative to infrastructure funding
 1128  programs of the Federal Government, such as those offered by the
 1129  United States Department of Agriculture and the United States
 1130  Department of Commerce, and state programs, including those
 1131  offered by Rural Economic Development Initiative agencies, and
 1132  to facilitate local government or private infrastructure funding
 1133  efforts, the department may award grants for up to 30 percent of
 1134  the total infrastructure project cost. If an application for
 1135  funding is for a catalyst site, as defined in s. 288.0656, the
 1136  department may award grants for up to 40 percent of the total
 1137  infrastructure project cost. Eligible projects must be related
 1138  to specific job-creation or job-retention opportunities.
 1139  Eligible projects may also include improving any inadequate
 1140  infrastructure that has resulted in regulatory action that
 1141  prohibits economic or community growth or reducing the costs to
 1142  community users of proposed infrastructure improvements that
 1143  exceed such costs in comparable communities. Eligible uses of
 1144  funds shall include improvements to public infrastructure for
 1145  industrial or commercial sites and upgrades to or development of
 1146  public tourism infrastructure. Authorized infrastructure may
 1147  include the following public or public-private partnership
 1148  facilities: storm water systems; telecommunications facilities;
 1149  broadband facilities; roads or other remedies to transportation
 1150  impediments; nature-based tourism facilities; or other physical
 1151  requirements necessary to facilitate tourism, trade, and
 1152  economic development activities in the community. Authorized
 1153  infrastructure may also include publicly or privately owned
 1154  self-powered nature-based tourism facilities, publicly owned
 1155  telecommunications facilities, and broadband facilities, and
 1156  additions to the distribution facilities of the existing natural
 1157  gas utility as defined in s. 366.04(3)(c), the existing electric
 1158  utility as defined in s. 366.02, or the existing water or
 1159  wastewater utility as defined in s. 367.021(12), or any other
 1160  existing water or wastewater facility, which owns a gas or
 1161  electric distribution system or a water or wastewater system in
 1162  this state where:
 1163         1. A contribution-in-aid of construction is required to
 1164  serve public or public-private partnership facilities under the
 1165  tariffs of any natural gas, electric, water, or wastewater
 1166  utility as defined herein; and
 1167         2. Such utilities as defined herein are willing and able to
 1168  provide such service.
 1169         (c) To facilitate timely response and induce the location
 1170  or expansion of specific job creating opportunities, the
 1171  department may award grants for infrastructure feasibility
 1172  studies, design and engineering activities, or other
 1173  infrastructure planning and preparation activities. Authorized
 1174  grants shall be up to $50,000 for an employment project with a
 1175  business committed to create at least 100 jobs; up to $150,000
 1176  for an employment project with a business committed to create at
 1177  least 300 jobs; and up to $300,000 for a project in a rural area
 1178  of opportunity critical economic concern. Grants awarded under
 1179  this paragraph may be used in conjunction with grants awarded
 1180  under paragraph (b), provided that the total amount of both
 1181  grants does not exceed 30 percent of the total project cost. In
 1182  evaluating applications under this paragraph, the department
 1183  shall consider the extent to which the application seeks to
 1184  minimize administrative and consultant expenses.
 1185         (e) To enable local governments to access the resources
 1186  available pursuant to s. 403.973(18), the department may award
 1187  grants for surveys, feasibility studies, and other activities
 1188  related to the identification and preclearance review of land
 1189  which is suitable for preclearance review. Authorized grants
 1190  under this paragraph may shall not exceed $75,000 each, except
 1191  in the case of a project in a rural area of opportunity critical
 1192  economic concern, in which case the grant may shall not exceed
 1193  $300,000. Any funds awarded under this paragraph must be matched
 1194  at a level of 50 percent with local funds, except that any funds
 1195  awarded for a project in a rural area of opportunity critical
 1196  economic concern must be matched at a level of 33 percent with
 1197  local funds. If an application for funding is for a catalyst
 1198  site, as defined in s. 288.0656, the requirement for local match
 1199  may be waived pursuant to the process in s. 288.06561. In
 1200  evaluating applications under this paragraph, the department
 1201  shall consider the extent to which the application seeks to
 1202  minimize administrative and consultant expenses.
 1203         Section 33. Paragraphs (a), (b), and (d) of subsection (2)
 1204  and subsection (7) of section 288.0656, Florida Statutes, are
 1205  amended to read:
 1206         288.0656 Rural Economic Development Initiative.—
 1207         (2) As used in this section, the term:
 1208         (a) “Catalyst project” means a business locating or
 1209  expanding in a rural area of opportunity critical economic
 1210  concern to serve as an economic generator of regional
 1211  significance for the growth of a regional target industry
 1212  cluster. The project must provide capital investment on a scale
 1213  significant enough to affect the entire region and result in the
 1214  development of high-wage and high-skill jobs.
 1215         (b) “Catalyst site” means a parcel or parcels of land
 1216  within a rural area of opportunity critical economic concern
 1217  that has been prioritized as a geographic site for economic
 1218  development through partnerships with state, regional, and local
 1219  organizations. The site must be reviewed by REDI and approved by
 1220  the department for the purposes of locating a catalyst project.
 1221         (d) “Rural area of opportunity critical economic concern”
 1222  means a rural community, or a region composed of rural
 1223  communities, designated by the Governor, which that has been
 1224  adversely affected by an extraordinary economic event, severe or
 1225  chronic distress, or a natural disaster or that presents a
 1226  unique economic development opportunity of regional impact.
 1227         (7)(a) REDI may recommend to the Governor up to three rural
 1228  areas of opportunity critical economic concern. The Governor may
 1229  by executive order designate up to three rural areas of
 1230  opportunity critical economic concern which will establish these
 1231  areas as priority assignments for REDI as well as to allow the
 1232  Governor, acting through REDI, to waive criteria, requirements,
 1233  or similar provisions of any economic development incentive.
 1234  Such incentives shall include, but are not be limited to,: the
 1235  Qualified Target Industry Tax Refund Program under s. 288.106,
 1236  the Quick Response Training Program under s. 288.047, the Quick
 1237  Response Training Program for participants in the welfare
 1238  transition program under s. 288.047(8), transportation projects
 1239  under s. 339.2821, the brownfield redevelopment bonus refund
 1240  under s. 288.107, and the rural job tax credit program under ss.
 1241  212.098 and 220.1895.
 1242         (b) Designation as a rural area of opportunity critical
 1243  economic concern under this subsection shall be contingent upon
 1244  the execution of a memorandum of agreement among the department;
 1245  the governing body of the county; and the governing bodies of
 1246  any municipalities to be included within a rural area of
 1247  opportunity critical economic concern. Such agreement shall
 1248  specify the terms and conditions of the designation, including,
 1249  but not limited to, the duties and responsibilities of the
 1250  county and any participating municipalities to take actions
 1251  designed to facilitate the retention and expansion of existing
 1252  businesses in the area, as well as the recruitment of new
 1253  businesses to the area.
 1254         (c) Each rural area of opportunity critical economic
 1255  concern may designate catalyst projects, provided that each
 1256  catalyst project is specifically recommended by REDI, identified
 1257  as a catalyst project by Enterprise Florida, Inc., and confirmed
 1258  as a catalyst project by the department. All state agencies and
 1259  departments shall use all available tools and resources to the
 1260  extent permissible by law to promote the creation and
 1261  development of each catalyst project and the development of
 1262  catalyst sites.
 1263         Section 34. Paragraph (a) of subsection (3) of section
 1264  288.1088, Florida Statutes, is amended to read:
 1265         288.1088 Quick Action Closing Fund.—
 1266         (3)(a) The department and Enterprise Florida, Inc., shall
 1267  jointly review applications pursuant to s. 288.061 and determine
 1268  the eligibility of each project consistent with the criteria in
 1269  subsection (2). Waiver of these criteria may be considered under
 1270  the following criteria:
 1271         1. Based on extraordinary circumstances;
 1272         2. In order to mitigate the impact of the conclusion of the
 1273  space shuttle program; or
 1274         3. In rural areas of opportunity critical economic concern
 1275  if the project would significantly benefit the local or regional
 1276  economy.
 1277         Section 35. Paragraphs (b), (c), and (d) of subsection (4)
 1278  of section 288.1089, Florida Statutes, are amended to read:
 1279         288.1089 Innovation Incentive Program.—
 1280         (4) To qualify for review by the department, the applicant
 1281  must, at a minimum, establish the following to the satisfaction
 1282  of the department:
 1283         (b) A research and development project must:
 1284         1. Serve as a catalyst for an emerging or evolving
 1285  technology cluster.
 1286         2. Demonstrate a plan for significant higher education
 1287  collaboration.
 1288         3. Provide the state, at a minimum, a cumulative break-even
 1289  economic benefit within a 20-year period.
 1290         4. Be provided with a one-to-one match from the local
 1291  community. The match requirement may be reduced or waived in
 1292  rural areas of opportunity critical economic concern or reduced
 1293  in rural areas, brownfield areas, and enterprise zones.
 1294         (c) An innovation business project in this state, other
 1295  than a research and development project, must:
 1296         1.a. Result in the creation of at least 1,000 direct, new
 1297  jobs at the business; or
 1298         b. Result in the creation of at least 500 direct, new jobs
 1299  if the project is located in a rural area, a brownfield area, or
 1300  an enterprise zone.
 1301         2. Have an activity or product that is within an industry
 1302  that is designated as a target industry business under s.
 1303  288.106 or a designated sector under s. 288.108.
 1304         3.a. Have a cumulative investment of at least $500 million
 1305  within a 5-year period; or
 1306         b. Have a cumulative investment that exceeds $250 million
 1307  within a 10-year period if the project is located in a rural
 1308  area, brownfield area, or an enterprise zone.
 1309         4. Be provided with a one-to-one match from the local
 1310  community. The match requirement may be reduced or waived in
 1311  rural areas of opportunity critical economic concern or reduced
 1312  in rural areas, brownfield areas, and enterprise zones.
 1313         (d) For an alternative and renewable energy project in this
 1314  state, the project must:
 1315         1. Demonstrate a plan for significant collaboration with an
 1316  institution of higher education;
 1317         2. Provide the state, at a minimum, a cumulative break-even
 1318  economic benefit within a 20-year period;
 1319         3. Include matching funds provided by the applicant or
 1320  other available sources. The match requirement may be reduced or
 1321  waived in rural areas of opportunity critical economic concern
 1322  or reduced in rural areas, brownfield areas, and enterprise
 1323  zones;
 1324         4. Be located in this state; and
 1325         5. Provide at least 35 direct, new jobs that pay an
 1326  estimated annual average wage that equals at least 130 percent
 1327  of the average private sector wage.
 1328         Section 36. Paragraph (d) of subsection (6) of section
 1329  290.0055, Florida Statutes, is amended to read:
 1330         290.0055 Local nominating procedure.—
 1331         (6)
 1332         (d)1. The governing body of a jurisdiction which has
 1333  nominated an application for an enterprise zone that is at least
 1334  15 square miles and less than 20 square miles and includes a
 1335  portion of the state designated as a rural area of opportunity
 1336  critical economic concern under s. 288.0656(7) may apply to the
 1337  department to expand the boundary of the existing enterprise
 1338  zone by not more than 3 square miles.
 1339         2. The governing body of a jurisdiction which has nominated
 1340  an application for an enterprise zone that is at least 20 square
 1341  miles and includes a portion of the state designated as a rural
 1342  area of opportunity critical economic concern under s.
 1343  288.0656(7) may apply to the department to expand the boundary
 1344  of the existing enterprise zone by not more than 5 square miles.
 1345         3. An application to expand the boundary of an enterprise
 1346  zone under this paragraph must be submitted by December 31,
 1347  2013.
 1348         4. Notwithstanding the area limitations specified in
 1349  subsection (4), the department may approve the request for a
 1350  boundary amendment if the area continues to satisfy the
 1351  remaining requirements of this section.
 1352         5. The department shall establish the initial effective
 1353  date of an enterprise zone designated under this paragraph.
 1354         Section 37. Paragraph (c) of subsection (4) of section
 1355  339.2819, Florida Statutes, is amended to read:
 1356         339.2819 Transportation Regional Incentive Program.—
 1357         (4)
 1358         (c) The department shall give priority to projects that:
 1359         1. Provide connectivity to the Strategic Intermodal System
 1360  developed under s. 339.64.
 1361         2. Support economic development and the movement of goods
 1362  in rural areas of opportunity critical economic concern
 1363  designated under s. 288.0656(7).
 1364         3. Are subject to a local ordinance that establishes
 1365  corridor management techniques, including access management
 1366  strategies, right-of-way acquisition and protection measures,
 1367  appropriate land use strategies, zoning, and setback
 1368  requirements for adjacent land uses.
 1369         4. Improve connectivity between military installations and
 1370  the Strategic Highway Network or the Strategic Rail Corridor
 1371  Network.
 1372  
 1373  The department shall also consider the extent to which local
 1374  matching funds are available to be committed to the project.
 1375         Section 38. Paragraph (b) of subsection (5) of section
 1376  339.63, Florida Statutes, is amended to read:
 1377         339.63 System facilities designated; additions and
 1378  deletions.—
 1379         (5)
 1380         (b) A facility designated part of the Strategic Intermodal
 1381  System pursuant to paragraph (a) that is within the jurisdiction
 1382  of a local government that maintains a transportation
 1383  concurrency system shall receive a waiver of transportation
 1384  concurrency requirements applicable to Strategic Intermodal
 1385  System facilities in order to accommodate any development at the
 1386  facility which occurs pursuant to a building permit issued on or
 1387  before December 31, 2017, but only if such facility is located:
 1388         1. Within an area designated pursuant to s. 288.0656(7) as
 1389  a rural area of opportunity critical economic concern;
 1390         2. Within a rural enterprise zone as defined in s.
 1391  290.004(5); or
 1392         3. Within 15 miles of the boundary of a rural area of
 1393  opportunity critical economic concern or a rural enterprise
 1394  zone.
 1395         Section 39. Paragraph (c) of subsection (3) of section
 1396  373.4595, Florida Statutes, is amended to read:
 1397         373.4595 Northern Everglades and Estuaries Protection
 1398  Program.—
 1399         (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—A
 1400  protection program for Lake Okeechobee that achieves phosphorus
 1401  load reductions for Lake Okeechobee shall be immediately
 1402  implemented as specified in this subsection. The program shall
 1403  address the reduction of phosphorus loading to the lake from
 1404  both internal and external sources. Phosphorus load reductions
 1405  shall be achieved through a phased program of implementation.
 1406  Initial implementation actions shall be technology-based, based
 1407  upon a consideration of both the availability of appropriate
 1408  technology and the cost of such technology, and shall include
 1409  phosphorus reduction measures at both the source and the
 1410  regional level. The initial phase of phosphorus load reductions
 1411  shall be based upon the district’s Technical Publication 81-2
 1412  and the district’s WOD program, with subsequent phases of
 1413  phosphorus load reductions based upon the total maximum daily
 1414  loads established in accordance with s. 403.067. In the
 1415  development and administration of the Lake Okeechobee Watershed
 1416  Protection Program, the coordinating agencies shall maximize
 1417  opportunities provided by federal cost-sharing programs and
 1418  opportunities for partnerships with the private sector.
 1419         (c) Lake Okeechobee Watershed Phosphorus Control Program.
 1420  The Lake Okeechobee Watershed Phosphorus Control Program is
 1421  designed to be a multifaceted approach to reducing phosphorus
 1422  loads by improving the management of phosphorus sources within
 1423  the Lake Okeechobee watershed through implementation of
 1424  regulations and best management practices, development and
 1425  implementation of improved best management practices,
 1426  improvement and restoration of the hydrologic function of
 1427  natural and managed systems, and utilization of alternative
 1428  technologies for nutrient reduction. The coordinating agencies
 1429  shall facilitate the application of federal programs that offer
 1430  opportunities for water quality treatment, including
 1431  preservation, restoration, or creation of wetlands on
 1432  agricultural lands.
 1433         1. Agricultural nonpoint source best management practices,
 1434  developed in accordance with s. 403.067 and designed to achieve
 1435  the objectives of the Lake Okeechobee Watershed Protection
 1436  Program, shall be implemented on an expedited basis. The
 1437  coordinating agencies shall develop an interagency agreement
 1438  pursuant to ss. 373.046 and 373.406(5) that assures the
 1439  development of best management practices that complement
 1440  existing regulatory programs and specifies how those best
 1441  management practices are implemented and verified. The
 1442  interagency agreement shall address measures to be taken by the
 1443  coordinating agencies during any best management practice
 1444  reevaluation performed pursuant to sub-subparagraph d. The
 1445  department shall use best professional judgment in making the
 1446  initial determination of best management practice effectiveness.
 1447         a. As provided in s. 403.067(7)(c), the Department of
 1448  Agriculture and Consumer Services, in consultation with the
 1449  department, the district, and affected parties, shall initiate
 1450  rule development for interim measures, best management
 1451  practices, conservation plans, nutrient management plans, or
 1452  other measures necessary for Lake Okeechobee watershed total
 1453  maximum daily load reduction. The rule shall include thresholds
 1454  for requiring conservation and nutrient management plans and
 1455  criteria for the contents of such plans. Development of
 1456  agricultural nonpoint source best management practices shall
 1457  initially focus on those priority basins listed in subparagraph
 1458  (b)1. The Department of Agriculture and Consumer Services, in
 1459  consultation with the department, the district, and affected
 1460  parties, shall conduct an ongoing program for improvement of
 1461  existing and development of new interim measures or best
 1462  management practices for the purpose of adoption of such
 1463  practices by rule. The Department of Agriculture and Consumer
 1464  Services shall work with the University of Florida’s Institute
 1465  of Food and Agriculture Sciences to review and, where
 1466  appropriate, develop revised nutrient application rates for all
 1467  agricultural soil amendments in the watershed.
 1468         b. Where agricultural nonpoint source best management
 1469  practices or interim measures have been adopted by rule of the
 1470  Department of Agriculture and Consumer Services, the owner or
 1471  operator of an agricultural nonpoint source addressed by such
 1472  rule shall either implement interim measures or best management
 1473  practices or demonstrate compliance with the district’s WOD
 1474  program by conducting monitoring prescribed by the department or
 1475  the district. Owners or operators of agricultural nonpoint
 1476  sources who implement interim measures or best management
 1477  practices adopted by rule of the Department of Agriculture and
 1478  Consumer Services shall be subject to the provisions of s.
 1479  403.067(7). The Department of Agriculture and Consumer Services,
 1480  in cooperation with the department and the district, shall
 1481  provide technical and financial assistance for implementation of
 1482  agricultural best management practices, subject to the
 1483  availability of funds.
 1484         c. The district or department shall conduct monitoring at
 1485  representative sites to verify the effectiveness of agricultural
 1486  nonpoint source best management practices.
 1487         d. Where water quality problems are detected for
 1488  agricultural nonpoint sources despite the appropriate
 1489  implementation of adopted best management practices, the
 1490  Department of Agriculture and Consumer Services, in consultation
 1491  with the other coordinating agencies and affected parties, shall
 1492  institute a reevaluation of the best management practices and
 1493  make appropriate changes to the rule adopting best management
 1494  practices.
 1495         2. Nonagricultural nonpoint source best management
 1496  practices, developed in accordance with s. 403.067 and designed
 1497  to achieve the objectives of the Lake Okeechobee Watershed
 1498  Protection Program, shall be implemented on an expedited basis.
 1499  The department and the district shall develop an interagency
 1500  agreement pursuant to ss. 373.046 and 373.406(5) that assures
 1501  the development of best management practices that complement
 1502  existing regulatory programs and specifies how those best
 1503  management practices are implemented and verified. The
 1504  interagency agreement shall address measures to be taken by the
 1505  department and the district during any best management practice
 1506  reevaluation performed pursuant to sub-subparagraph d.
 1507         a. The department and the district are directed to work
 1508  with the University of Florida’s Institute of Food and
 1509  Agricultural Sciences to develop appropriate nutrient
 1510  application rates for all nonagricultural soil amendments in the
 1511  watershed. As provided in s. 403.067(7)(c), the department, in
 1512  consultation with the district and affected parties, shall
 1513  develop interim measures, best management practices, or other
 1514  measures necessary for Lake Okeechobee watershed total maximum
 1515  daily load reduction. Development of nonagricultural nonpoint
 1516  source best management practices shall initially focus on those
 1517  priority basins listed in subparagraph (b)1. The department, the
 1518  district, and affected parties shall conduct an ongoing program
 1519  for improvement of existing and development of new interim
 1520  measures or best management practices. The district shall adopt
 1521  technology-based standards under the district’s WOD program for
 1522  nonagricultural nonpoint sources of phosphorus. Nothing in this
 1523  sub-subparagraph shall affect the authority of the department or
 1524  the district to adopt basin-specific criteria under this part to
 1525  prevent harm to the water resources of the district.
 1526         b. Where nonagricultural nonpoint source best management
 1527  practices or interim measures have been developed by the
 1528  department and adopted by the district, the owner or operator of
 1529  a nonagricultural nonpoint source shall implement interim
 1530  measures or best management practices and be subject to the
 1531  provisions of s. 403.067(7). The department and district shall
 1532  provide technical and financial assistance for implementation of
 1533  nonagricultural nonpoint source best management practices,
 1534  subject to the availability of funds.
 1535         c. The district or the department shall conduct monitoring
 1536  at representative sites to verify the effectiveness of
 1537  nonagricultural nonpoint source best management practices.
 1538         d. Where water quality problems are detected for
 1539  nonagricultural nonpoint sources despite the appropriate
 1540  implementation of adopted best management practices, the
 1541  department and the district shall institute a reevaluation of
 1542  the best management practices.
 1543         3. The provisions of subparagraphs 1. and 2. may shall not
 1544  preclude the department or the district from requiring
 1545  compliance with water quality standards or with current best
 1546  management practices requirements set forth in any applicable
 1547  regulatory program authorized by law for the purpose of
 1548  protecting water quality. Additionally, subparagraphs 1. and 2.
 1549  are applicable only to the extent that they do not conflict with
 1550  any rules adopted promulgated by the department that are
 1551  necessary to maintain a federally delegated or approved program.
 1552         4. Projects that reduce the phosphorus load originating
 1553  from domestic wastewater systems within the Lake Okeechobee
 1554  watershed shall be given funding priority in the department’s
 1555  revolving loan program under s. 403.1835. The department shall
 1556  coordinate and provide assistance to those local governments
 1557  seeking financial assistance for such priority projects.
 1558         5. Projects that make use of private lands, or lands held
 1559  in trust for Indian tribes, to reduce nutrient loadings or
 1560  concentrations within a basin by one or more of the following
 1561  methods: restoring the natural hydrology of the basin, restoring
 1562  wildlife habitat or impacted wetlands, reducing peak flows after
 1563  storm events, increasing aquifer recharge, or protecting range
 1564  and timberland from conversion to development, are eligible for
 1565  grants available under this section from the coordinating
 1566  agencies. For projects of otherwise equal priority, special
 1567  funding priority will be given to those projects that make best
 1568  use of the methods outlined above that involve public-private
 1569  partnerships or that obtain federal match money. Preference
 1570  ranking above the special funding priority will be given to
 1571  projects located in a rural area of opportunity critical
 1572  economic concern designated by the Governor. Grant applications
 1573  may be submitted by any person or tribal entity, and eligible
 1574  projects may include, but are not limited to, the purchase of
 1575  conservation and flowage easements, hydrologic restoration of
 1576  wetlands, creating treatment wetlands, development of a
 1577  management plan for natural resources, and financial support to
 1578  implement a management plan.
 1579         6.a. The department shall require all entities disposing of
 1580  domestic wastewater residuals within the Lake Okeechobee
 1581  watershed and the remaining areas of Okeechobee, Glades, and
 1582  Hendry Counties to develop and submit to the department an
 1583  agricultural use plan that limits applications based upon
 1584  phosphorus loading. By July 1, 2005, phosphorus concentrations
 1585  originating from these application sites may shall not exceed
 1586  the limits established in the district’s WOD program. After
 1587  December 31, 2007, the department may not authorize the disposal
 1588  of domestic wastewater residuals within the Lake Okeechobee
 1589  watershed unless the applicant can affirmatively demonstrate
 1590  that the phosphorus in the residuals will not add to phosphorus
 1591  loadings in Lake Okeechobee or its tributaries. This
 1592  demonstration shall be based on achieving a net balance between
 1593  phosphorus imports relative to exports on the permitted
 1594  application site. Exports shall include only phosphorus removed
 1595  from the Lake Okeechobee watershed through products generated on
 1596  the permitted application site. This prohibition does not apply
 1597  to Class AA residuals that are marketed and distributed as
 1598  fertilizer products in accordance with department rule.
 1599         b. Private and government-owned utilities within Monroe,
 1600  Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
 1601  River, Okeechobee, Highlands, Hendry, and Glades Counties that
 1602  dispose of wastewater residual sludge from utility operations
 1603  and septic removal by land spreading in the Lake Okeechobee
 1604  watershed may use a line item on local sewer rates to cover
 1605  wastewater residual treatment and disposal if such disposal and
 1606  treatment is done by approved alternative treatment methodology
 1607  at a facility located within the areas designated by the
 1608  Governor as rural areas of opportunity critical economic concern
 1609  pursuant to s. 288.0656. This additional line item is an
 1610  environmental protection disposal fee above the present sewer
 1611  rate and may shall not be considered a part of the present sewer
 1612  rate to customers, notwithstanding provisions to the contrary in
 1613  chapter 367. The fee shall be established by the county
 1614  commission or its designated assignee in the county in which the
 1615  alternative method treatment facility is located. The fee shall
 1616  be calculated to be no higher than that necessary to recover the
 1617  facility’s prudent cost of providing the service. Upon request
 1618  by an affected county commission, the Florida Public Service
 1619  Commission will provide assistance in establishing the fee.
 1620  Further, for utilities and utility authorities that use the
 1621  additional line item environmental protection disposal fee, such
 1622  fee may shall not be considered a rate increase under the rules
 1623  of the Public Service Commission and shall be exempt from such
 1624  rules. Utilities using the provisions of this section may
 1625  immediately include in their sewer invoicing the new
 1626  environmental protection disposal fee. Proceeds from this
 1627  environmental protection disposal fee shall be used for
 1628  treatment and disposal of wastewater residuals, including any
 1629  treatment technology that helps reduce the volume of residuals
 1630  that require final disposal, but such proceeds may shall not be
 1631  used for transportation or shipment costs for disposal or any
 1632  costs relating to the land application of residuals in the Lake
 1633  Okeechobee watershed.
 1634         c. No less frequently than once every 3 years, the Florida
 1635  Public Service Commission or the county commission through the
 1636  services of an independent auditor shall perform a financial
 1637  audit of all facilities receiving compensation from an
 1638  environmental protection disposal fee. The Florida Public
 1639  Service Commission or the county commission through the services
 1640  of an independent auditor shall also perform an audit of the
 1641  methodology used in establishing the environmental protection
 1642  disposal fee. The Florida Public Service Commission or the
 1643  county commission shall, within 120 days after completion of an
 1644  audit, file the audit report with the President of the Senate
 1645  and the Speaker of the House of Representatives and shall
 1646  provide copies to the county commissions of the counties set
 1647  forth in sub-subparagraph b. The books and records of any
 1648  facilities receiving compensation from an environmental
 1649  protection disposal fee shall be open to the Florida Public
 1650  Service Commission and the Auditor General for review upon
 1651  request.
 1652         7. The Department of Health shall require all entities
 1653  disposing of septage within the Lake Okeechobee watershed to
 1654  develop and submit to that agency an agricultural use plan that
 1655  limits applications based upon phosphorus loading. By July 1,
 1656  2005, phosphorus concentrations originating from these
 1657  application sites may shall not exceed the limits established in
 1658  the district’s WOD program.
 1659         8. The Department of Agriculture and Consumer Services
 1660  shall initiate rulemaking requiring entities within the Lake
 1661  Okeechobee watershed which land-apply animal manure to develop
 1662  resource management system level conservation plans, according
 1663  to United States Department of Agriculture criteria, which limit
 1664  such application. Such rules may include criteria and thresholds
 1665  for the requirement to develop a conservation or nutrient
 1666  management plan, requirements for plan approval, and
 1667  recordkeeping requirements.
 1668         9. The district, the department, or the Department of
 1669  Agriculture and Consumer Services, as appropriate, shall
 1670  implement those alternative nutrient reduction technologies
 1671  determined to be feasible pursuant to subparagraph (d)6.
 1672         Section 40. Paragraph (e) of subsection (2) and paragraph
 1673  (b) of subsection (26) of section 380.06, Florida Statutes, are
 1674  amended to read:
 1675         380.06 Developments of regional impact.—
 1676         (2) STATEWIDE GUIDELINES AND STANDARDS.—
 1677         (e) With respect to residential, hotel, motel, office, and
 1678  retail developments, the applicable guidelines and standards
 1679  shall be increased by 50 percent in urban central business
 1680  districts and regional activity centers of jurisdictions whose
 1681  local comprehensive plans are in compliance with part II of
 1682  chapter 163. With respect to multiuse developments, the
 1683  applicable individual use guidelines and standards for
 1684  residential, hotel, motel, office, and retail developments and
 1685  multiuse guidelines and standards shall be increased by 100
 1686  percent in urban central business districts and regional
 1687  activity centers of jurisdictions whose local comprehensive
 1688  plans are in compliance with part II of chapter 163, if one land
 1689  use of the multiuse development is residential and amounts to
 1690  not less than 35 percent of the jurisdiction’s applicable
 1691  residential threshold. With respect to resort or convention
 1692  hotel developments, the applicable guidelines and standards
 1693  shall be increased by 150 percent in urban central business
 1694  districts and regional activity centers of jurisdictions whose
 1695  local comprehensive plans are in compliance with part II of
 1696  chapter 163 and where the increase is specifically for a
 1697  proposed resort or convention hotel located in a county with a
 1698  population greater than 500,000 and the local government
 1699  specifically designates that the proposed resort or convention
 1700  hotel development will serve an existing convention center of
 1701  more than 250,000 gross square feet built before prior to July
 1702  1, 1992. The applicable guidelines and standards shall be
 1703  increased by 150 percent for development in any area designated
 1704  by the Governor as a rural area of opportunity critical economic
 1705  concern pursuant to s. 288.0656 during the effectiveness of the
 1706  designation.
 1707         (26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.—
 1708         (b) Upon receipt of written confirmation from the state
 1709  land planning agency that any required mitigation applicable to
 1710  completed development has occurred, an industrial development of
 1711  regional impact located within the coastal high-hazard area of a
 1712  rural area of opportunity county of economic concern which was
 1713  approved before prior to the adoption of the local government’s
 1714  comprehensive plan required under s. 163.3167 and which plan’s
 1715  future land use map and zoning designates the land use for the
 1716  development of regional impact as commercial may be unilaterally
 1717  abandoned without the need to proceed through the process
 1718  described in paragraph (a) if the developer or owner provides a
 1719  notice of abandonment to the local government and records such
 1720  notice with the applicable clerk of court. Abandonment shall be
 1721  deemed to have occurred upon the recording of the notice. All
 1722  development following abandonment shall be fully consistent with
 1723  the current comprehensive plan and applicable zoning.
 1724         Section 41. Paragraph (g) of subsection (3) and paragraph
 1725  (c) of subsection (4) of section 380.0651, Florida Statutes, are
 1726  amended to read:
 1727         380.0651 Statewide guidelines and standards.—
 1728         (3) The following statewide guidelines and standards shall
 1729  be applied in the manner described in s. 380.06(2) to determine
 1730  whether the following developments shall be required to undergo
 1731  development-of-regional-impact review:
 1732         (g) Residential development.A No rule may not be adopted
 1733  concerning residential developments which treats a residential
 1734  development in one county as being located in a less populated
 1735  adjacent county unless more than 25 percent of the development
 1736  is located within 2 or less miles or less of the less populated
 1737  adjacent county. The residential thresholds of adjacent counties
 1738  with less population and a lower threshold may shall not be
 1739  controlling on any development wholly located within areas
 1740  designated as rural areas of opportunity critical economic
 1741  concern.
 1742         (4) Two or more developments, represented by their owners
 1743  or developers to be separate developments, shall be aggregated
 1744  and treated as a single development under this chapter when they
 1745  are determined to be part of a unified plan of development and
 1746  are physically proximate to one other.
 1747         (c) Aggregation is not applicable when the following
 1748  circumstances and provisions of this chapter are applicable:
 1749         1. Developments which are otherwise subject to aggregation
 1750  with a development of regional impact which has received
 1751  approval through the issuance of a final development order shall
 1752  not be aggregated with the approved development of regional
 1753  impact. However, nothing contained in this subparagraph shall
 1754  preclude the state land planning agency from evaluating an
 1755  allegedly separate development as a substantial deviation
 1756  pursuant to s. 380.06(19) or as an independent development of
 1757  regional impact.
 1758         2. Two or more developments, each of which is independently
 1759  a development of regional impact that has or will obtain a
 1760  development order pursuant to s. 380.06.
 1761         3. Completion of any development that has been vested
 1762  pursuant to s. 380.05 or s. 380.06, including vested rights
 1763  arising out of agreements entered into with the state land
 1764  planning agency for purposes of resolving vested rights issues.
 1765  Development-of-regional-impact review of additions to vested
 1766  developments of regional impact shall not include review of the
 1767  impacts resulting from the vested portions of the development.
 1768         4. The developments sought to be aggregated were authorized
 1769  to commence development prior to September 1, 1988, and could
 1770  not have been required to be aggregated under the law existing
 1771  prior to that date.
 1772         5. Any development that qualifies for an exemption under s.
 1773  380.06(29).
 1774         Section 42. Paragraph (b) of subsection (2) of section
 1775  985.686, Florida Statutes, is amended to read:
 1776         985.686 Shared county and state responsibility for juvenile
 1777  detention.—
 1778         (2) As used in this section, the term:
 1779         (b) “Fiscally constrained county” means a county within a
 1780  rural area of opportunity critical economic concern as
 1781  designated by the Governor pursuant to s. 288.0656 or each
 1782  county for which the value of a mill will raise no more than $5
 1783  million in revenue, based on the certified school taxable value
 1784  certified pursuant to s. 1011.62(4)(a)1.a., from the previous
 1785  July 1.
 1786         Section 43. Subsection (2) of section 1011.76, Florida
 1787  Statutes, is amended to read:
 1788         1011.76 Small School District Stabilization Program.—
 1789         (2) In order to participate in this program, a school
 1790  district must be located in a rural area of opportunity critical
 1791  economic concern designated by the Executive Office of the
 1792  Governor, and the district school board must submit a resolution
 1793  to the Department of Economic Opportunity requesting
 1794  participation in the program. A rural area of opportunity
 1795  critical economic concern must be a rural community, or a region
 1796  composed of such, that has been adversely affected by an
 1797  extraordinary economic event or a natural disaster or that
 1798  presents a unique economic development concern or opportunity of
 1799  regional impact. The resolution must be accompanied by with
 1800  documentation of the economic conditions in the community and,
 1801  provide information indicating the negative impact of these
 1802  conditions on the school district’s financial stability, and the
 1803  school district must participate in a best financial management
 1804  practices review to determine potential efficiencies that could
 1805  be implemented to reduce program costs in the district.
 1806         Section 44. Paragraph (a) of subsection (4) of section
 1807  215.425, Florida Statutes, is amended to read:
 1808         215.425 Extra compensation claims prohibited; bonuses;
 1809  severance pay.—
 1810         (4)(a) On or after July 1, 2011, a unit of government that
 1811  enters into a contract or employment agreement, or renewal or
 1812  renegotiation of an existing contract or employment agreement,
 1813  that contains a provision for severance pay with an officer,
 1814  agent, employee, or contractor must include the following
 1815  provisions in the contract:
 1816         1. A requirement that severance pay provided may not exceed
 1817  an amount greater than 20 weeks of compensation.
 1818         2. A prohibition of provision of severance pay when the
 1819  officer, agent, employee, or contractor has been fired for
 1820  misconduct, as defined in s. 443.036(29) s. 443.036(30), by the
 1821  unit of government.
 1822         Section 45. Paragraph (f) of subsection (13) of section
 1823  443.1216, Florida Statutes, is amended to read:
 1824         443.1216 Employment.—Employment, as defined in s. 443.036,
 1825  is subject to this chapter under the following conditions:
 1826         (13) The following are exempt from coverage under this
 1827  chapter:
 1828         (f) Service performed in the employ of a public employer as
 1829  defined in s. 443.036, except as provided in subsection (2), and
 1830  service performed in the employ of an instrumentality of a
 1831  public employer as described in s. 443.036(35)(b) or (c) s.
 1832  443.036(36)(b) or (c), to the extent that the instrumentality is
 1833  immune under the United States Constitution from the tax imposed
 1834  by s. 3301 of the Internal Revenue Code for that service.
 1835         Section 46. (1) Any building permit, and any permit issued
 1836  by the Department of Environmental Protection or by a water
 1837  management district pursuant to part IV of chapter 373, Florida
 1838  Statutes, which has an expiration date from January 1, 2014,
 1839  through January 1, 2016, is extended and renewed for a period of
 1840  2 years after its previously scheduled date of expiration. This
 1841  extension includes any local government-issued development order
 1842  or building permit including certificates of levels of service.
 1843  This section does not prohibit conversion from the construction
 1844  phase to the operation phase upon completion of construction.
 1845  This extension is in addition to any existing permit extension.
 1846  Extensions granted pursuant to this section; s. 14 of chapter
 1847  2009-96, Laws of Florida, as reauthorized by s. 47 of chapter
 1848  2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of
 1849  Florida; s. 73 or s. 79 of chapter 2011-139, Laws of Florida; or
 1850  s. 24 of chapter 2012-205, Laws of Florida, may not exceed 4
 1851  years in total. Further, specific development order extensions
 1852  granted pursuant to s. 380.06(19)(c)2., Florida Statutes, may
 1853  not be further extended by this section.
 1854         (2) The commencement and completion dates for any required
 1855  mitigation associated with a phased construction project are
 1856  extended so that mitigation takes place in the same timeframe
 1857  relative to the phase as originally permitted.
 1858         (3) The holder of a valid permit or other authorization
 1859  that is eligible for the 2-year extension must notify the
 1860  authorizing agency in writing by December 31, 2014, identifying
 1861  the specific authorization for which the holder intends to use
 1862  the extension and the anticipated timeframe for acting on the
 1863  authorization.
 1864         (4) The extension provided in subsection (1) does not apply
 1865  to:
 1866         (a) A permit or other authorization under any programmatic
 1867  or regional general permit issued by the Army Corps of
 1868  Engineers.
 1869         (b) A permit or other authorization held by an owner or
 1870  operator determined to be in significant noncompliance with the
 1871  conditions of the permit or authorization as established through
 1872  the issuance of a warning letter or notice of violation, the
 1873  initiation of formal enforcement, or other equivalent action by
 1874  the authorizing agency.
 1875         (c) A permit or other authorization, if granted an
 1876  extension that would delay or prevent compliance with a court
 1877  order.
 1878         (5) Permits extended under this section shall continue to
 1879  be governed by the rules in effect at the time the permit was
 1880  issued unless it is demonstrated that the rules in effect at the
 1881  time the permit was issued would create an immediate threat to
 1882  public safety or health. This provision applies to any
 1883  modification of the plans, terms, and conditions of the permit
 1884  which lessens the environmental impact, except that any such
 1885  modification does not extend the time limit beyond 2 additional
 1886  years.
 1887         (6) This section does not impair the authority of a county
 1888  or municipality to require the owner of a property who has
 1889  notified the county or municipality of the owner’s intent to
 1890  receive the extension of time granted pursuant to this section
 1891  to maintain and secure the property in a safe and sanitary
 1892  condition in compliance with applicable laws and ordinances.
 1893         Section 47. Part XIV of chapter 288, Florida Statutes,
 1894  consisting of ss. 288.993-288.9937, is created and entitled
 1895  “Microfinance Programs.”
 1896         Section 48. Section 288.993, Florida Statutes, is created
 1897  to read:
 1898         288.993 Short title.—This part may be cited as the “Florida
 1899  Microfinance Act.”
 1900         Section 49. Section 288.9931, Florida Statutes, is created
 1901  to read:
 1902         288.9931 Legislative findings and intent.—The Legislature
 1903  finds that the ability of entrepreneurs and small businesses to
 1904  access capital is vital to the overall health and growth of this
 1905  state’s economy; however, access to capital is limited by the
 1906  lack of available credit for entrepreneurs and small businesses
 1907  in this state. The Legislature further finds that entrepreneurs
 1908  and small businesses could be assisted through the creation of a
 1909  program that will provide an avenue for entrepreneurs and small
 1910  businesses in this state to access credit. Additionally, the
 1911  Legislature finds that business management training, business
 1912  development training, and technical assistance are necessary to
 1913  ensure that entrepreneurs and small businesses that receive
 1914  credit develop the skills necessary to grow and achieve long
 1915  term financial stability. The Legislature intends to expand job
 1916  opportunities for this state’s workforce by expanding access to
 1917  credit to entrepreneurs and small businesses. Furthermore, the
 1918  Legislature intends to avoid duplicating existing programs and
 1919  to coordinate, assist, augment, and improve access to those
 1920  programs for entrepreneurs and small businesses in this state.
 1921         Section 50. Section 288.9932, Florida Statutes, is created
 1922  to read:
 1923         288.9932 Definitions.—As used in this part, the term:
 1924         (1) “Applicant” means an entrepreneur or small business
 1925  that applies to a loan administrator for a microloan.
 1926         (2) “Domiciled in this state” means authorized to do
 1927  business in this state and located in this state.
 1928         (3) “Entrepreneur” means an individual residing in this
 1929  state who desires to assume the risk of organizing, managing,
 1930  and operating a small business in this state.
 1931         (4) “Network” means the Florida Small Business Development
 1932  Center Network.
 1933         (5) “Small business” means a business, regardless of
 1934  corporate structure, domiciled in this state which employs 25 or
 1935  fewer people and generated average annual gross revenues of $1.5
 1936  million or less per year for the preceding 2 years. For the
 1937  purposes of this part, the identity of a small business is not
 1938  affected by name changes or changes in personnel.
 1939         Section 51. Section 288.9933, Florida Statutes, is created
 1940  to read:
 1941         288.9933 Rulemaking authority.—The department may adopt
 1942  rules to implement this part.
 1943         Section 52. Section 288.9934, Florida Statutes, is created
 1944  to read:
 1945         288.9934 Microfinance Loan Program.—
 1946         (1) PURPOSE.—The Microfinance Loan Program is established
 1947  in the department to make short-term, fixed-rate microloans in
 1948  conjunction with business management training, business
 1949  development training, and technical assistance to entrepreneurs
 1950  and newly established or growing small businesses for start-up
 1951  costs, working capital, and the acquisition of materials,
 1952  supplies, furniture, fixtures, and equipment. Participation in
 1953  the loan program is intended to enable entrepreneurs and small
 1954  businesses to access private financing upon completing the loan
 1955  program.
 1956         (2) DEFINITION.—As used in this section, the term “loan
 1957  administrator” means an entity that enters into a contract with
 1958  the department pursuant to this section to administer the loan
 1959  program.
 1960         (3) REQUEST FOR PROPOSAL.—
 1961         (a) By December 1, 2014, the department shall contract with
 1962  at least one but not more than three entities to administer the
 1963  loan program for a term of 3 years. The department shall award
 1964  the contract in accordance with the request for proposal
 1965  requirements in s. 287.057 to an entity that:
 1966         1. Is a corporation registered in this state;
 1967         2. Does not offer checking accounts or savings accounts;
 1968         3. Demonstrates that its board of directors and managers
 1969  are experienced in microlending and small business finance and
 1970  development;
 1971         4. Demonstrates that it has the technical skills and
 1972  sufficient resources and expertise to:
 1973         a. Analyze and evaluate applications by entrepreneurs and
 1974  small businesses applying for microloans;
 1975         b. Underwrite and service microloans provided pursuant to
 1976  this part; and
 1977         c. Coordinate the provision of such business management
 1978  training, business development training, and technical
 1979  assistance as required by this part.
 1980         5. Demonstrates that it has established viable, existing
 1981  partnerships with public and private nonstate funding sources,
 1982  economic development agencies, and workforce development and job
 1983  referral networks; and
 1984         6. Demonstrates that it has a plan that includes proposed
 1985  microlending activities under the loan program, including, but
 1986  not limited to, the types of entrepreneurs and businesses to be
 1987  assisted and the size and range of loans the loan administrator
 1988  intends to make.
 1989         (b) To ensure that prospective loan administrators meet the
 1990  requirements of subparagraphs (a)2.-6., the request for proposal
 1991  must require submission of the following information:
 1992         1. A description of the types of entrepreneurs and small
 1993  businesses the loan administrator has assisted in the past, and
 1994  the average size and terms of loans made in the past to such
 1995  entities;
 1996         2. A description of the experience of members of the board
 1997  of directors and managers in the areas of microlending and small
 1998  business finance and development;
 1999         3. A description of the loan administrator’s underwriting
 2000  and credit policies and procedures, credit decisionmaking
 2001  process, monitoring policies and procedures, and collection
 2002  practices, and samples of any currently used loan documentation;
 2003         4. A description of the nonstate funding sources that will
 2004  be used by the loan administrator in conjunction with the state
 2005  funds to make microloans pursuant to this section;
 2006         5. The loan administrator’s three most recent financial
 2007  audits or, if no prior audits have been completed, the loan
 2008  administrator’s three most recent unaudited financial
 2009  statements; and
 2010         6. A conflict of interest statement from the loan
 2011  administrator’s board of directors certifying that a board
 2012  member, employee, or agent, or an immediate family member
 2013  thereof, or any other person connected to or affiliated with the
 2014  loan administrator, is not receiving or will not receive any
 2015  type of compensation or remuneration from an entrepreneur or
 2016  small business that has received or will receive funds from the
 2017  loan program. The department may waive this requirement for good
 2018  cause shown. As used in this subparagraph, the term “immediate
 2019  family” means a parent, child, or spouse, or any other relative
 2020  by blood, marriage, or adoption, of a board member, employee, or
 2021  agent of the loan administrator.
 2022         (4) CONTRACT AND AWARD OF FUNDS.—
 2023         (a) The selected loan administrator must enter into a
 2024  contract with the department for a term of 3 years to receive
 2025  state funds for the loan program. Funds appropriated to the
 2026  program must be reinvested and maintained as a long-term and
 2027  stable source of funding for the program. The amount of state
 2028  funds used in any microloan made pursuant to this part may not
 2029  exceed 50 percent of the total microloan amount. The department
 2030  shall establish financial performance measures and objectives
 2031  for the loan program and for the loan administrator in order to
 2032  maximize the state funds awarded.
 2033         (b) State funds may be used only to provide direct
 2034  microloans to entrepreneurs and small businesses according to
 2035  the limitations, terms, and conditions provided in this part.
 2036  Except as provided in subsection (5), state funds may not be
 2037  used to pay administrative costs, underwriting costs, servicing
 2038  costs, or any other costs associated with providing microloans,
 2039  business management training, business development training, or
 2040  technical assistance.
 2041         (c) The loan administrator shall reserve 10 percent of the
 2042  total award amount from the department to provide microloans
 2043  pursuant to this part to entrepreneurs and small businesses that
 2044  employ no more than five people and generate annual gross
 2045  revenues averaging no more than $250,000 per year for the last 2
 2046  years.
 2047         (d)1. If the loan program is appropriated funding in a
 2048  fiscal year, the department shall distribute such funds to the
 2049  loan administrator within 30 days of the execution of the
 2050  contract by the department and the loan administrator.
 2051         2. The total amount of funding allocated to the loan
 2052  administrator in a fiscal year may not exceed the amount
 2053  appropriated for the loan program in the same fiscal year. If
 2054  the funds appropriated to the loan program in a fiscal year
 2055  exceed the amount of state funds received by the loan
 2056  administrator, such excess funds shall revert to the General
 2057  Revenue Fund.
 2058         (e) Within 30 days of executing its contract with the
 2059  department, the loan administrator must enter into a memorandum
 2060  of understanding with the network:
 2061         1. For the provision of business management training,
 2062  business development training, and technical assistance to
 2063  entrepreneurs and small businesses that receive microloans under
 2064  this part; and
 2065         2. To promote the program to underserved entrepreneurs and
 2066  small businesses.
 2067         (f) By September 1, 2014, the department shall review
 2068  industry best practices and determine the minimum business
 2069  management training, business development training, and
 2070  technical assistance that must be provided by the network to
 2071  achieve the goals of this part.
 2072         (g) The loan administrator must meet the requirements of
 2073  this section, the terms of its contract with the department, and
 2074  any other applicable state or federal laws to be eligible to
 2075  receive funds in any fiscal year. The contract with the loan
 2076  administrator must specify any sanctions for the loan
 2077  administrator’s failure to comply with the contract or this
 2078  part.
 2079         (5) FEES.—
 2080         (a) Except as provided in this section, the department may
 2081  not charge fees or interest or require collateral from the loan
 2082  administrator. The department may charge an annual fee or
 2083  interest of up to 80 percent of the Federal Funds Rate as of the
 2084  date specified in the contract for state funds received under
 2085  the loan program. The department shall require as collateral an
 2086  assignment of the notes receivable of the microloans made by the
 2087  loan administrator under the loan program.
 2088         (b) The loan administrator is entitled to retain a one-time
 2089  administrative servicing fee of 1 percent of the total award
 2090  amount to offset the administrative costs of underwriting and
 2091  servicing microloans made pursuant to this part. This fee may
 2092  not be charged to or paid by microloan borrowers participating
 2093  in the loan program. Except as provided in subsection (7)(c),
 2094  the loan administrator may not be required to return this fee to
 2095  the department.
 2096         (c) The loan administrator may not charge interest, fees,
 2097  or costs except as authorized in subsection (9).
 2098         (d) Except as provided in subsection (7), the loan
 2099  administrator is not required to return the interest, fees, or
 2100  costs authorized under subsection (9).
 2101         (6) REPAYMENT OF AWARD FUNDS.—
 2102         (a) After collecting interest and any fees or costs
 2103  permitted under this section in satisfaction of all microloans
 2104  made pursuant to this part, the loan administrator shall remit
 2105  to the department the microloan principal collected from all
 2106  microloans made with state funds received under this part.
 2107  Repayment of microloan principal to the department may be
 2108  deferred by the department for a period not to exceed 6 months;
 2109  however, the loan administrator may not provide a microloan
 2110  under this part after the contract with the department expires.
 2111         (b) If for any reason the loan administrator is unable to
 2112  make repayments to the department in accordance with the
 2113  contract, the department may accelerate maturity of the state
 2114  funds awarded and demand repayment in full. In this event, or if
 2115  a loan administrator violates this part or the terms of its
 2116  contract, the loan administrator shall surrender to the
 2117  department possession of all collateral required pursuant to
 2118  subsection (5). Any loss or deficiency greater than the value of
 2119  the collateral may be recovered by the department from the loan
 2120  administrator.
 2121         (c) In the event of a default as specified in the contract,
 2122  termination of the contract, or violation of this section, the
 2123  state may, in addition to any other remedy provided by law,
 2124  bring suit to enforce its interest.
 2125         (d) A microloan borrower’s default does not relieve the
 2126  loan administrator of its obligation to repay an award to the
 2127  department.
 2128         (7) CONTRACT TERMINATION.—
 2129         (a) The loan administrator’s contract with the department
 2130  may be terminated by the department, and the loan administrator
 2131  required to immediately return all state funds awarded,
 2132  including any interest, fees, and costs it would otherwise be
 2133  entitled to retain pursuant to subsection (5) for that fiscal
 2134  year, upon a finding by the department that:
 2135         1. The loan administrator has, within the previous 5 years,
 2136  participated in a state-funded economic development program in
 2137  this or any other state and was found to have failed to comply
 2138  with the requirements of that program;
 2139         2. The loan administrator is currently in material
 2140  noncompliance with any statute, rule, or program administered by
 2141  the department;
 2142         3. The loan administrator or any member of its board of
 2143  directors, officers, partners, managers, or shareholders has
 2144  pled no contest or been found guilty, regardless of whether
 2145  adjudication was withheld, of any felony or any misdemeanor
 2146  involving fraud, misrepresentation, or dishonesty;
 2147         4. The loan administrator failed to meet or agree to the
 2148  terms of the contract with the department or failed to meet this
 2149  part; or
 2150         5. The department finds that the loan administrator
 2151  provided fraudulent or misleading information to the department.
 2152         (b) The loan administrator’s contract with the department
 2153  may be terminated by the department at any time for any reason
 2154  upon 30 days’ notice by the department. In such a circumstance,
 2155  the loan administrator shall return all awarded state funds to
 2156  the department within 60 days of the termination. However, the
 2157  loan administrator may retain any interest, fees, or costs it
 2158  has collected pursuant to subsection (5).
 2159         (c) The loan administrator’s contract with the department
 2160  may be terminated by the loan administrator at any time for any
 2161  reason upon 30 days’ notice by the loan administrator. In such a
 2162  circumstance, the loan administrator shall return all awarded
 2163  state funds to the department, including any interest, fees, and
 2164  costs it has retained or would otherwise be entitled to retain
 2165  pursuant to subsection (5), within 30 days of the termination.
 2166         (8) AUDITS AND REPORTING.—
 2167         (a) The loan administrator shall annually submit to the
 2168  department a financial audit performed by an independent
 2169  certified public accountant and an operational performance audit
 2170  for the most recently completed fiscal year. Both audits must
 2171  indicate whether any material weakness or instances of material
 2172  noncompliance are indicated in the audit.
 2173         (b) The loan administrator shall submit quarterly reports
 2174  to the department as required by s. 288.9936(3).
 2175         (c) The loan administrator shall make its books and records
 2176  related to the loan program available to the department or its
 2177  designee for inspection upon reasonable notice.
 2178         (9) ELIGIBILITY AND APPLICATION.—
 2179         (a) To be eligible for a microloan, an applicant must, at a
 2180  minimum, be an entrepreneur or small business located in this
 2181  state.
 2182         (b) Microloans may not be made if the direct or indirect
 2183  purpose or result of granting the microloan would be to:
 2184         1. Pay off any creditors of the applicant, including the
 2185  refund of a debt owed to a small business investment company
 2186  organized pursuant to 15 U.S.C. s. 681;
 2187         2. Provide funds, directly or indirectly, for payment,
 2188  distribution, or as a microloan to owners, partners, or
 2189  shareholders of the applicant’s business, except as ordinary
 2190  compensation for services rendered;
 2191         3. Finance the acquisition, construction, improvement, or
 2192  operation of real property which is, or will be, held primarily
 2193  for sale or investment;
 2194         4. Pay for lobbying activities; or
 2195         5. Replenish funds used for any of the purposes specified
 2196  in subparagraphs 1.-4.
 2197         (c) A microloan applicant shall submit a written
 2198  application in the format prescribed by the loan administrator
 2199  and shall pay an application fee not to exceed $50 to the loan
 2200  administrator.
 2201         (d) The following minimum terms apply to a microloan made
 2202  by the loan administrator:
 2203         1. The amount of a microloan may not exceed $50,000;
 2204         2. A borrower may not receive more than $75,000 per year in
 2205  total microloans;
 2206         3. A borrower may not receive more than two microloans per
 2207  year and may not receive more than five microloans in any 3-year
 2208  period;
 2209         4. The proceeds of the microloan may be used only for
 2210  startup costs, working capital, and the acquisition of
 2211  materials, supplies, furniture, fixtures, and equipment;
 2212         5. The period of any microloan may not exceed 1 year;
 2213         6. The interest rate may not exceed the prime rate
 2214  published in the Wall Street Journal as of the date specified in
 2215  the microloan, plus 1000 basis points;
 2216         7. All microloans must be personally guaranteed;
 2217         8. The borrower must participate in business management
 2218  training, business development training, and technical
 2219  assistance as determined by the loan administrator in the
 2220  microloan agreement;
 2221         9. The borrower shall provide such information as required
 2222  by the loan administrator, including monthly job creation and
 2223  financial data, in the manner prescribed by the loan
 2224  administrator; and
 2225         10. The loan administrator may collect fees for late
 2226  payments which are consistent with standard business lending
 2227  practices and may recover costs and fees incurred for any
 2228  collection efforts necessitated by a borrower’s default.
 2229         (e) The department may not review microloans made by the
 2230  loan administrator pursuant to this part before approval of the
 2231  loan by the loan administrator.
 2232         (10) STATEWIDE STRATEGIC PLAN.—In implementing this
 2233  section, the department shall be guided by the 5-year statewide
 2234  strategic plan adopted pursuant to s. 20.60(5). The department
 2235  shall promote and advertise the loan program by, among other
 2236  things, cooperating with government, nonprofit, and private
 2237  industry to organize, host, or participate in seminars and other
 2238  forums for entrepreneurs and small businesses.
 2239         (11) STUDY.—By December 31, 2014, the department shall
 2240  commence or commission a study to identify methods and best
 2241  practices that will increase access to credit to entrepreneurs
 2242  and small businesses in this state. The study must also explore
 2243  the ability of, and limitations on, Florida nonprofit
 2244  organizations and private financial institutions to expand
 2245  access to credit to entrepreneurs and small businesses in this
 2246  state.
 2247         (12) CREDIT OF THE STATE.—With the exception of funds
 2248  appropriated to the loan program by the Legislature, the credit
 2249  of the state may not be pledged. The state is not liable or
 2250  obligated in any way for claims on the loan program or against
 2251  the loan administrator or the department.
 2252         Section 53. Section 288.9935, Florida Statutes, is created
 2253  to read:
 2254         288.9935 Microfinance Guarantee Program.—
 2255         (1) The Microfinance Guarantee Program is established in
 2256  the department. The purpose of the program is to stimulate
 2257  access to credit for entrepreneurs and small businesses in this
 2258  state by providing targeted guarantees to loans made to such
 2259  entrepreneurs and small businesses. Funds appropriated to the
 2260  program must be reinvested and maintained as a long-term and
 2261  stable source of funding for the program.
 2262         (2) As used in this section, the term “lender” means a
 2263  financial institution as defined in s. 655.005.
 2264         (3) The department must enter into a contract with
 2265  Enterprise Florida, Inc., to administer the Microfinance
 2266  Guarantee Program. In administering the program, Enterprise
 2267  Florida, Inc., must, at a minimum:
 2268         (a) Establish lender and borrower eligibility requirements
 2269  in addition to those provided in this section;
 2270         (b) Determine a reasonable leverage ratio of loan amounts
 2271  guaranteed to state funds; however, the leverage ratio may not
 2272  exceed 3 to 1;
 2273         (c) Establish reasonable fees and interest;
 2274         (d) Promote the program to financial institutions that
 2275  provide loans to entrepreneurs and small businesses in order to
 2276  maximize the number of lenders throughout the state which
 2277  participate in the program;
 2278         (e) Enter into a memorandum of understanding with the
 2279  network to promote the program to underserved entrepreneurs and
 2280  small businesses;
 2281         (f) Establish limits on the total amount of loan guarantees
 2282  a single lender can receive;
 2283         (g) Establish an average loan guarantee amount for loans
 2284  guaranteed under this section;
 2285         (h) Establish a risk-sharing strategy to be employed in the
 2286  event of a loan failure; and
 2287         (i) Establish financial performance measures and objectives
 2288  for the program in order to maximize the state funds.
 2289         (4) Enterprise Florida, Inc., is limited to providing loan
 2290  guarantees for loans with total loan amounts of at least $50,000
 2291  and not more than $250,000. A loan guarantee may not exceed 50
 2292  percent of the total loan amount.
 2293         (5) Enterprise Florida, Inc., may not guarantee a loan if
 2294  the direct or indirect purpose or result of the loan would be
 2295  to:
 2296         (a) Pay off any creditors of the applicant, including the
 2297  refund of a debt owed to a small business investment company
 2298  organized pursuant to 15 U.S.C. s. 681;
 2299         (b) Provide funds, directly or indirectly, for payment,
 2300  distribution, or as a loan to owners, partners, or shareholders
 2301  of the applicant’s business, except as ordinary compensation for
 2302  services rendered;
 2303         (c) Finance the acquisition, construction, improvement, or
 2304  operation of real property which is, or will be, held primarily
 2305  for sale or investment;
 2306         (d) Pay for lobbying activities; or
 2307         (e) Replenish funds used for any of the purposes specified
 2308  in paragraphs (a) through (d).
 2309         (6) Enterprise Florida, Inc., may not use funds
 2310  appropriated from the state for costs associated with
 2311  administering the guarantee program.
 2312         (7) To be eligible to receive a loan guarantee under the
 2313  Microfinance Guarantee Program, a borrower must, at a minimum:
 2314         (a) Be an entrepreneur or small business located in this
 2315  state;
 2316         (b) Employ 25 or fewer people;
 2317         (c) Generate average annual gross revenues of $1.5 million
 2318  or less per year for the last 2 years; and
 2319         (d) Meet any additional requirements established by
 2320  Enterprise Florida, Inc.
 2321         (8) By October 1 of each year, Enterprise Florida, Inc.,
 2322  shall submit a complete and detailed annual report to the
 2323  department for inclusion in the department’s report required
 2324  under s. 20.60(10). The report must, at a minimum, provide:
 2325         (a) A comprehensive description of the program, including
 2326  an evaluation of its application and guarantee activities,
 2327  recommendations for change, and identification of any other
 2328  state programs that overlap with the program;
 2329         (b) An assessment of the current availability of and access
 2330  to credit for entrepreneurs and small businesses in this state;
 2331         (c) A summary of the financial and employment results of
 2332  the entrepreneurs and small businesses receiving loan
 2333  guarantees, including the number of full-time equivalent jobs
 2334  created as a result of the guaranteed loans and the amount of
 2335  wages paid to employees in the newly created jobs;
 2336         (d) Industry data about the borrowers, including the six
 2337  digit North American Industry Classification System (NAICS)
 2338  code;
 2339         (e) The name and location of lenders that receive loan
 2340  guarantees;
 2341         (f) The amount of state funds received by Enterprise
 2342  Florida, Inc.;
 2343         (g) The number of loan guarantee applications received;
 2344         (h) The number, duration, location, and amount of
 2345  guarantees made;
 2346         (i) The number and amount of guaranteed loans outstanding,
 2347  if any;
 2348         (j) The number and amount of guaranteed loans with payments
 2349  overdue, if any;
 2350         (k) The number and amount of guaranteed loans in default,
 2351  if any;
 2352         (l) The repayment history of the guaranteed loans made; and
 2353         (m) An evaluation of the program’s ability to meet the
 2354  financial performance measures and objectives specified in
 2355  subsection (3).
 2356         (9) The credit of the state or Enterprise Florida, Inc.,
 2357  may not be pledged except for funds appropriated by law to the
 2358  Microfinance Guarantee Program. The state is not liable or
 2359  obligated in any way for claims on the program or against
 2360  Enterprise Florida, Inc., or the department.
 2361         Section 54. Section 288.9936, Florida Statutes, is created
 2362  to read:
 2363         288.9936 Annual report of the Microfinance Loan Program.—
 2364         (1) The department shall include in the report required by
 2365  s. 20.60(10) a complete and detailed annual report on the
 2366  Microfinance Loan Program. The report must include:
 2367         (a) A comprehensive description of the program, including
 2368  an evaluation of its application and funding activities,
 2369  recommendations for change, and identification of any other
 2370  state programs that overlap with the program;
 2371         (b) The financial institutions and the public and private
 2372  organizations and individuals participating in the program;
 2373         (c) An assessment of the current availability of and access
 2374  to credit for entrepreneurs and small businesses in this state;
 2375         (d) A summary of the financial and employment results of
 2376  the entities receiving microloans;
 2377         (e) The number of full-time equivalent jobs created as a
 2378  result of the microloans and the amount of wages paid to
 2379  employees in the newly created jobs;
 2380         (f) The number and location of prospective loan
 2381  administrators that responded to the department request for
 2382  proposals;
 2383         (g) The amount of state funds received by the loan
 2384  administrator;
 2385         (h) The number of microloan applications received by the
 2386  loan administrator;
 2387         (i) The number, duration, and location of microloans made
 2388  by the loan administrator, including the aggregate number of
 2389  microloans made to minority business enterprises if available;
 2390         (j) The number and amount of microloans outstanding, if
 2391  any;
 2392         (k) The number and amount of microloans with payments
 2393  overdue, if any;
 2394         (l) The number and amount of microloans in default, if any;
 2395         (m) The repayment history of the microloans made;
 2396         (n) The repayment history and performance of funding
 2397  awards;
 2398         (o) An evaluation of the program’s ability to meet the
 2399  financial performance measures and objectives specified in s.
 2400  288.9934; and
 2401         (p) A description and evaluation of the technical
 2402  assistance and business management and development training
 2403  provided by the network pursuant to its memorandum of
 2404  understanding with the loan administrator.
 2405         (2) The department shall submit the report provided to the
 2406  department from Enterprise Florida, Inc., pursuant to
 2407  288.9935(7) for inclusion in the department’s annual report
 2408  required under s. 20.60(10).
 2409         (3) The department shall require at least quarterly reports
 2410  from the loan administrator. The loan administrator’s report
 2411  must include, at a minimum, the number of microloan applications
 2412  received, the number of microloans made, the amount and interest
 2413  rate of each microloan made, the amount of technical assistance
 2414  or business development and management training provided, the
 2415  number of full-time equivalent jobs created as a result of the
 2416  microloans, the amount of wages paid to employees in the newly
 2417  created jobs, the six-digit North American Industry
 2418  Classification System (NAICS) code associated with the
 2419  borrower’s business, and the borrower’s locations.
 2420         (4) The Office of Program Policy Analysis and Government
 2421  Accountability shall conduct a study to evaluate the
 2422  effectiveness and return on investment of the State Small
 2423  Business Credit Initiative operated in this state pursuant to 12
 2424  U.S.C. ss. 5701 et seq. The office shall submit a report to the
 2425  President of the Senate and the Speaker of the House of
 2426  Representatives by January 1, 2015.
 2427         Section 55. Section 288.9937, Florida Statutes, is created
 2428  to read:
 2429         288.9937 Evaluation of programs.—The Office of Program
 2430  Policy Analysis and Government Accountability shall analyze,
 2431  evaluate, and determine the economic benefits, as defined in s.
 2432  288.005, of the first 3 years of the Microfinance Loan Program
 2433  and the Microfinance Guarantee Program. The analysis must also
 2434  evaluate the number of jobs created, the increase or decrease in
 2435  personal income, and the impact on state gross domestic product
 2436  from the direct, indirect, and induced effects of the state’s
 2437  investment. The analysis must also identify any inefficiencies
 2438  in the programs and provide recommendations for changes to the
 2439  programs. The office shall submit a report to the President of
 2440  the Senate and the Speaker of the House of Representatives by
 2441  January 1, 2018. This section expires January 31, 2018.
 2442         Section 56. (1) The executive director of the Department of
 2443  Economic Opportunity is authorized, and all conditions are
 2444  deemed to be met, to adopt emergency rules pursuant to ss.
 2445  120.536(1) and 120.54(4), Florida Statutes, for the purpose of
 2446  implementing this act.
 2447         (2) Notwithstanding any other provision of law, the
 2448  emergency rules adopted pursuant to subsection (1) remain in
 2449  effect for 6 months after adoption and may be renewed during the
 2450  pendency of procedures to adopt permanent rules addressing the
 2451  subject of the emergency rules.
 2452         (3) This section shall expire October 1, 2015.
 2453  Section 57. For the 2014-2015 fiscal year, the sum of $10
 2454  million in nonrecurring funds from the General Revenue Fund is
 2455  appropriated to the Department of Economic Opportunity to
 2456  implement this act. From these nonrecurring funds, the
 2457  Department of Economic Opportunity and Enterprise Florida, Inc.,
 2458  may spend up to $100,000 to market and promote the programs
 2459  created in this act. For the 2014-2015 fiscal year, one full
 2460  time equivalent position is authorized with 55,000 of salary
 2461  rate, and $64,759 of recurring funds and $3,018 of nonrecurring
 2462  funds from the State Economic Enhancement and Development Trust
 2463  Fund, $12,931 of recurring funds and $604 of nonrecurring funds
 2464  from the Tourism Promotional Trust Fund, and $3,233 of recurring
 2465  funds and $151 of nonrecurring funds from the Florida
 2466  International Trade and Promotion Trust Fund are appropriated to
 2467  the Department of Economic Opportunity to implement this act.
 2468         Section 58. This act shall take effect July 1, 2014.
 2469  ================= T I T L E  A M E N D M E N T ================
 2470  And the title is amended as follows:
 2471         Delete everything before the enacting clause
 2472  and insert:
 2473                        A bill to be entitled                      
 2474         An act relating to economic development; amending s.
 2475         163.3202, F.S.; requiring each county and municipality
 2476         to adopt and enforce land development regulations in
 2477         accordance with the submitted comprehensive plan;
 2478         amending s. 212.098, F.S.; providing a sales tax
 2479         refund for purchases of electricity by certain
 2480         eligible businesses; providing an annual cap on the
 2481         total amount of tax refunds that may be approved;
 2482         authorizing the Department of Revenue to adopt rules;
 2483         amending s. 288.0001, F.S.; requiring an analysis of
 2484         the New Markets Development Program in the Economic
 2485         Development Programs Evaluation; amending s. 288.005,
 2486         F.S.; defining terms; creating s. 288.006, F.S.;
 2487         providing requirements for loan programs relating to
 2488         accountability and proper stewardship of funds;
 2489         authorizing the Auditor General to conduct audits for
 2490         a specified purpose; authorizing the department to
 2491         adopt rules; amending s. 288.061, F.S.; deleting an
 2492         incorrect cross-reference; amending s. 288.8013, F.S.;
 2493         clarifying that the Auditor General’s annual audit of
 2494         the Recovery Fund and Triumph Gulf Coast, Inc., is a
 2495         performance audit; amending s. 288.8014, F.S.;
 2496         providing that terms of the initial appointments to
 2497         the board of directors of Triumph Gulf Coast, Inc.,
 2498         begin after the Legislature appropriates funds to the
 2499         Recovery Fund; providing initial appointment term
 2500         limits; providing that the audit by the retained
 2501         independent certified public accountant is annual;
 2502         amending s. 288.987, F.S.; increasing the amount of
 2503         funds that may be spent on staffing and administrative
 2504         expenses of the Florida Defense Support Task Force;
 2505         amending s. 290.0411, F.S.; revising legislative
 2506         intent for purposes of the Florida Small Cities
 2507         Community Development Block Grant Program; amending s.
 2508         290.044, F.S.; requiring the Department of Economic
 2509         Opportunity to adopt rules establishing a competitive
 2510         selection process for loan guarantees and grants
 2511         awarded under the block grant program; revising the
 2512         criteria for the award of grants; amending s. 290.046,
 2513         F.S.; revising limits on the number of grants that an
 2514         applicant may apply for and receive; revising the
 2515         requirement that the department conduct a site visit
 2516         before awarding a grant; requiring the department to
 2517         rank applications according to criteria established by
 2518         rule and to distribute funds according to the
 2519         rankings; revising scoring factors to consider in
 2520         ranking applications; revising requirements for public
 2521         hearings; providing that the creation of a citizen
 2522         advisory task force is discretionary, rather than
 2523         required; deleting a requirement that a local
 2524         government obtain consent from the department for an
 2525         alternative citizen participation plan; amending s.
 2526         290.047, F.S.; revising the maximum amount and
 2527         percentage of block grant funds that may be spent on
 2528         certain costs and expenses; amending s. 290.0475,
 2529         F.S.; conforming provisions to changes made by the
 2530         act; amending s. 290.048, F.S.; deleting a provision
 2531         authorizing the department to adopt and enforce strict
 2532         requirements concerning an applicant’s written
 2533         description of a service area; amending s. 331.3051,
 2534         F.S.; requiring Space Florida to consult with the
 2535         Florida Tourism Industry Marketing Corporation, rather
 2536         than with Enterprise Florida, Inc., in developing a
 2537         space tourism marketing plan; authorizing Space
 2538         Florida to enter into an agreement with the
 2539         corporation, rather than with Enterprise Florida,
 2540         Inc., for a specified purpose; revising the research
 2541         and development duties of Space Florida; creating s.
 2542         331.371, F.S.; authorizing the Department of
 2543         Transportation to fund strategic spaceport launch
 2544         support facilities investment projects under certain
 2545         conditions; repealing s. 443.036(26), F.S., relating
 2546         to the definition of the term “initial skills review”;
 2547         amending s. 443.091, F.S.; deleting the requirement
 2548         that an unemployed individual take an initial skill
 2549         review before he or she is eligible to receive
 2550         reemployment assistance benefits; requiring the
 2551         department to make available for such individual a
 2552         voluntary online assessment that identifies an
 2553         individual’s skills, abilities, and career aptitude;
 2554         requiring information from such assessment to be made
 2555         available to certain groups; revising the requirement
 2556         that the department offer certain training
 2557         opportunities; amending s. 443.1116, F.S.; defining
 2558         the term “employer sponsored training”; revising the
 2559         requirements for a short-term compensation plan to be
 2560         approved by the department; revising the treatment of
 2561         fringe benefits in such plan; requiring an employer to
 2562         describe the manner in which the employer will
 2563         implement the plan; requiring the director to approve
 2564         the plan if it is consistent with employer obligations
 2565         under law; prohibiting the department from denying
 2566         short-time compensation benefits to certain
 2567         individuals; amending s. 443.141, F.S.; providing an
 2568         employer payment schedule for specified years’
 2569         contributions to the Unemployment Compensation Trust
 2570         Fund; providing applicability; amending s. 443.151,
 2571         F.S.; requiring the department to provide an alternate
 2572         means for filing claims when the approved electronic
 2573         method is unavailable; amending ss. 125.271, 163.3177,
 2574         163.3187, 163.3246, 211.3103, 212.098, 218.67, F.S.;
 2575         renaming “rural areas of critical economic concern” as
 2576         “rural areas of opportunity”; amending s. 288.018,
 2577         F.S.; revising the maximum amount of grants that may
 2578         be awarded; renaming “rural areas of critical economic
 2579         concern” as “rural areas of opportunity”; amending ss.
 2580         288.065, 288.0655, 288.0656, 288.1088, 288.1089,
 2581         290.0055, 339.2819, 339.63, 373.4595, and 380.06,
 2582         F.S.; renaming “rural areas of critical economic
 2583         concern” as “rural areas of opportunity”; amending s.
 2584         380.0651, F.S.; renaming “rural areas of critical
 2585         economic concern” as “rural areas of opportunity”;
 2586         adding a circumstance under which the requirement that
 2587         two or more developments be aggregated and treated as
 2588         a single development is inapplicable; amending ss.
 2589         985.686 and 1011.76, F.S.; renaming “rural areas of
 2590         critical economic concern” as “rural areas of
 2591         opportunity”; amending ss. 215.425 and 443.1216, F.S.;
 2592         conforming cross-references to changes made by the
 2593         act; extending and renewing building permits and
 2594         certain permits issued by the Department of
 2595         Environmental Protection or a water management
 2596         district, including any local government-issued
 2597         development order or building permit issued pursuant
 2598         thereto; limiting certain permit extensions to a
 2599         specified period of time; extending commencement and
 2600         completion dates for required mitigation associated
 2601         with a phased construction project; requiring the
 2602         holder of an extended permit or authorization to
 2603         provide notice to the authorizing agency; providing
 2604         exceptions to the extension and renewal of such
 2605         permits; providing that extended permits are governed
 2606         by certain rules; providing applicability; creating
 2607         Part XIV of ch. 288, F.S., consisting of ss. 288.993
 2608         288.9937, F.S., relating to microfinance programs;
 2609         creating s. 288.993, F.S.; providing a short title;
 2610         creating s. 288.9931, F.S.; providing legislative
 2611         findings and intent; creating s. 288.9932, F.S.;
 2612         defining terms; creating s. 288.9933, F.S.;
 2613         authorizing the Department of Economic Opportunity to
 2614         adopt rules to implement this part; creating s.
 2615         288.9934, F.S.; establishing the Microfinance Loan
 2616         Program; providing a purpose; defining the term “loan
 2617         administrator”; requiring the Department of Economic
 2618         Opportunity to contract with at least one entity to
 2619         administer the program; requiring the loan
 2620         administrator to contract with the department to
 2621         receive an award of funds; providing other terms and
 2622         conditions to receiving funds; specifying fees
 2623         authorized to be charged by the department and the
 2624         loan administrator; requiring the loan administrator
 2625         to remit the microloan principal collected from all
 2626         microloans made with state funds received by the loan
 2627         administrator; providing for contract termination;
 2628         providing for auditing and reporting; requiring
 2629         applicants for funds from the Microfinance Loan
 2630         Program to meet certain qualifications; requiring the
 2631         department to be guided by the 5-year statewide
 2632         strategic plan and to advertise and promote the loan
 2633         program; requiring the department to perform a study
 2634         on methods and best practices to increase the
 2635         availability of and access to credit in this state;
 2636         prohibiting the pledging of the credit of the state;
 2637         authorizing the department to adopt rules; creating s.
 2638         288.9935, F.S.; establishing the Microfinance
 2639         Guarantee Program; defining the term “lender”;
 2640         requiring the department to contract with Enterprise
 2641         Florida, Inc., to administer the program; prohibiting
 2642         Enterprise Florida, Inc., from guaranteeing certain
 2643         loans; requiring borrowers to meet certain conditions
 2644         before receiving a loan guarantee; requiring
 2645         Enterprise Florida, Inc., to submit an annual report
 2646         to the department; prohibiting the pledging of the
 2647         credit of the state or Enterprise Florida, Inc.;
 2648         creating s. 288.9936, F.S.; requiring the department
 2649         to report annually on the Microfinance Loan Program;
 2650         requiring the Office of Program Policy Analysis and
 2651         Government Accountability to report on the
 2652         effectiveness of the State Small Business Credit
 2653         Initiative; creating s. 288.9937, F.S.; requiring the
 2654         Office of Program Policy Analysis and Government
 2655         Accountability to evaluate and report on the
 2656         Microfinance Loan Program and the Microfinance
 2657         Guarantee Program by a specified date; authorizing the
 2658         executive director of the Department of Economic
 2659         Opportunity to adopt emergency rules; providing an
 2660         appropriation to the Department of Economic
 2661         Opportunity; authorizing the Department of Economic
 2662         Opportunity and Enterprise Florida, Inc., to spend a
 2663         specified amount for marketing and promotional
 2664         purposes; authorizing and providing an appropriation
 2665         for one full-time equivalent position; providing an
 2666         effective date.