Florida Senate - 2021                                    SB 1948
       By Senator Bean
       4-01074D-21                                           20211948__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Economic
    3         Opportunity; amending s. 20.60, F.S.; renaming the
    4         executive director of the Department of Economic
    5         Opportunity as the Secretary of Economic Opportunity;
    6         authorizing the secretary to appoint deputy and
    7         assistant secretaries for a specified purpose;
    8         establishing the Office of the Secretary and the
    9         Office of Economic Accountability and Transparency;
   10         providing duties for the Office of Economic
   11         Accountability and Transparency; authorizing the
   12         secretary to create offices within the Office of the
   13         Secretary and within the divisions; requiring the
   14         secretary to appoint division directors; providing
   15         duties for the division directors; conforming
   16         provisions to changes made by the act; amending s.
   17         288.901, F.S.; revising the membership of the board of
   18         directors of Enterprise Florida, Inc.; amending s.
   19         290.042, F.S.; revising the definition of the term
   20         “administrative costs” relating to the Florida Small
   21         Cities Community Development Block Grant Program Act;
   22         amending s. 290.044, F.S.; revising the application
   23         process and funding for the Florida Small Cities
   24         Community Development Block Grant Program Fund;
   25         amending s. 290.046, F.S.; revising the application
   26         process and funding for development grants awarded by
   27         the department to local governments; amending s.
   28         331.3081, F.S.; conforming a cross-reference; amending
   29         s. 435.02, F.S.; revising the definition of the term
   30         “specified agency” to include certain regional
   31         workforce boards for the purposes of labor laws;
   32         amending s. 443.091, F.S.; revising the reporting
   33         requirements for reemployment assistance benefit
   34         eligibility; defining the term “address”; amending s.
   35         443.101, F.S.; deleting a provision providing that
   36         individuals who voluntarily leave work as a direct
   37         result of circumstances relating to domestic violence
   38         are ineligible for benefits under certain
   39         circumstances; amending s. 443.1113, F.S.; requiring
   40         the department to implement an integrated modular
   41         cloud-based system, rather than an integrated
   42         Internet-based system, for the reemployment assistance
   43         program; revising the functions and objectives of the
   44         Reemployment Assistance Claims and Benefits
   45         Information System; deleting obsolete language;
   46         requiring the department to maintain a sustainable
   47         culture of continuous modernization and to maintain a
   48         specified reemployment assistance governance
   49         structure; requiring the system to be governed by the
   50         Reemployment Assistance Modernization Strategic
   51         Planning Office; providing duties of the office;
   52         providing reporting requirements; authorizing the
   53         department to implement an emergency reemployment
   54         assistance system under certain circumstances;
   55         providing applicability; deleting provisions relating
   56         to duties of the governance structure of the system
   57         project; amending s. 443.151, F.S.; revising the
   58         timeline for employers’ responses to notices of
   59         benefits claims sent by the department; authorizing
   60         claimants to request the department to reconsider a
   61         monetary determination; providing requirements for
   62         such request; providing that monetary determinations
   63         and redeterminations are final after a specified
   64         period of time; providing exceptions; deleting a
   65         requirement that appeals referees be attorneys in good
   66         standing with The Florida Bar or be admitted to The
   67         Florida Bar within 8 months after the date of
   68         employment; prohibiting appeals from being filed after
   69         a specified time; amending s. 445.004, F.S.; revising
   70         the membership of the state board, which directs
   71         CareerSource Florida, Inc.; amending s. 553.79, F.S.;
   72         requiring specified building permit applications
   73         applied for by licensed contractors for property
   74         owners under certain programs administered by the
   75         department to be issued within a reduced timeframe;
   76         amending ss. 14.20195, 16.615, 20.04, 213.053,
   77         220.194, 288.005, 288.061, 288.0656, 288.106,
   78         288.1089, 288.1251, 288.8014, 288.955, 288.9604,
   79         288.987, 290.0065, 311.09, 311.105, 334.065, 373.4149,
   80         380.045, 403.0752, 420.0005, 420.0006, 420.101,
   81         420.503, 420.504, 420.506, 420.507, 420.511, 420.602,
   82         420.609, 420.622, 427.012, 443.1116, 446.53, 450.261,
   83         624.5105, and 1004.015, F.S.; conforming provisions to
   84         changes made by the act; providing an effective date.
   86  Be It Enacted by the Legislature of the State of Florida:
   88         Section 1. Subsections (2) and (3), paragraph (a) of
   89  subsection (5), paragraph (b) of subsection (6), and subsection
   90  (9) of section 20.60, Florida Statutes, are amended, and
   91  subsection (1) of that section is republished, to read:
   92         20.60 Department of Economic Opportunity; creation; powers
   93  and duties.—
   94         (1) There is created the Department of Economic
   95  Opportunity.
   96         (2) The head of the department is the Secretary of Economic
   97  Opportunity executive director, who shall be appointed by the
   98  Governor, subject to confirmation by the Senate. The secretary
   99  executive director shall serve at the pleasure of and report to
  100  the Governor. The secretary may appoint deputy and assistant
  101  secretaries as necessary to aid the secretary in fulfilling his
  102  or her statutory obligations.
  103         (3)(a) The following divisions and offices of the
  104  Department of Economic Opportunity are established:
  105         1.(a) The Division of Strategic Business Development.
  106         2.(b) The Division of Community Development.
  107         3.(c) The Division of Workforce Services.
  108         4.(d) The Division of Finance and Administration.
  109         5.(e) The Division of Information Technology.
  110         6.The Office of the Secretary.
  111         7.The Office of Economic Accountability and Transparency,
  112  which shall:
  113         a.Oversee the department’s critical objectives as
  114  determined by the secretary and make sure that the department’s
  115  key objectives are clearly communicated to the public.
  116         b.Organize department resources, expertise, data, and
  117  research to focus on and solve the complex economic challenges
  118  facing the state.
  119         c.Provide leadership for the department’s priority issues
  120  that require integration of policy, management, and critical
  121  objectives from multiple programs and organizations internal and
  122  external to the department; and organize and manage external
  123  communication on such priority issues.
  124         d.Promote and facilitate key department initiatives to
  125  address priority economic issues and explore data and identify
  126  opportunities for innovative approaches to address such economic
  127  issues.
  128         e.Promote strategic planning for the department.
  129         (b)The secretary:
  130         1.May create offices within the Office of the Secretary
  131  and within the divisions established in paragraph (a) to promote
  132  efficient and effective operation of the department.
  133         2.Shall appoint a director for each division, who shall
  134  directly administer his or her division and be responsible to
  135  the secretary.
  136         (5) The divisions within the department have specific
  137  responsibilities to achieve the duties, responsibilities, and
  138  goals of the department. Specifically:
  139         (a) The Division of Strategic Business Development shall:
  140         1. Analyze and evaluate business prospects identified by
  141  the Governor, the secretary executive director of the
  142  department, and Enterprise Florida, Inc.
  143         2. Administer certain tax refund, tax credit, and grant
  144  programs created in law. Notwithstanding any other provision of
  145  law, the department may expend interest earned from the
  146  investment of program funds deposited in the Grants and
  147  Donations Trust Fund to contract for the administration of those
  148  programs, or portions of the programs, assigned to the
  149  department by law, by the appropriations process, or by the
  150  Governor. Such expenditures shall be subject to review under
  151  chapter 216.
  152         3. Develop measurement protocols for the state incentive
  153  programs and for the contracted entities which will be used to
  154  determine their performance and competitive value to the state.
  155  Performance measures, benchmarks, and sanctions must be
  156  developed in consultation with the legislative appropriations
  157  committees and the appropriate substantive committees, and are
  158  subject to the review and approval process provided in s.
  159  216.177. The approved performance measures, standards, and
  160  sanctions shall be included and made a part of the strategic
  161  plan for contracts entered into for delivery of programs
  162  authorized by this section.
  163         4. Develop a 5-year statewide strategic plan. The strategic
  164  plan must include, but need not be limited to:
  165         a. Strategies for the promotion of business formation,
  166  expansion, recruitment, and retention through aggressive
  167  marketing, international development, and export assistance,
  168  which lead to more and better jobs and higher wages for all
  169  geographic regions, disadvantaged communities, and populations
  170  of the state, including rural areas, minority businesses, and
  171  urban core areas.
  172         b. The development of realistic policies and programs to
  173  further the economic diversity of the state, its regions, and
  174  their associated industrial clusters.
  175         c. Specific provisions for the stimulation of economic
  176  development and job creation in rural areas and midsize cities
  177  and counties of the state, including strategies for rural
  178  marketing and the development of infrastructure in rural areas.
  179         d. Provisions for the promotion of the successful long-term
  180  economic development of the state with increased emphasis in
  181  market research and information.
  182         e. Plans for the generation of foreign investment in the
  183  state which create jobs paying above-average wages and which
  184  result in reverse investment in the state, including programs
  185  that establish viable overseas markets, assist in meeting the
  186  financing requirements of export-ready firms, broaden
  187  opportunities for international joint venture relationships, use
  188  the resources of academic and other institutions, coordinate
  189  trade assistance and facilitation services, and facilitate
  190  availability of and access to education and training programs
  191  that assure requisite skills and competencies necessary to
  192  compete successfully in the global marketplace.
  193         f. The identification of business sectors that are of
  194  current or future importance to the state’s economy and to the
  195  state’s global business image, and development of specific
  196  strategies to promote the development of such sectors.
  197         g. Strategies for talent development necessary in the state
  198  to encourage economic development growth, taking into account
  199  factors such as the state’s talent supply chain, education and
  200  training opportunities, and available workforce.
  201         5. Update the strategic plan every 5 years.
  202         6. Involve Enterprise Florida, Inc.; CareerSource Florida,
  203  Inc.; local governments; the general public; local and regional
  204  economic development organizations; other local, state, and
  205  federal economic, international, and workforce development
  206  entities; the business community; and educational institutions
  207  to assist with the strategic plan.
  208         (6)
  209         (b) The Department of Economic Opportunity shall serve as
  210  the designated agency for purposes of each federal workforce
  211  development grant assigned to it for administration. The
  212  department shall carry out the duties assigned to it by the
  213  Governor, under the terms and conditions of each grant. The
  214  department shall have the level of authority and autonomy
  215  necessary to be the designated recipient of each federal grant
  216  assigned to it and shall disburse such grants pursuant to the
  217  plans and policies of the state board as defined in s. 445.002.
  218  The secretary executive director may, upon delegation from the
  219  Governor and pursuant to agreement with the state board, sign
  220  contracts, grants, and other instruments as necessary to execute
  221  functions assigned to the department. Notwithstanding other
  222  provisions of law, the department shall administer other
  223  programs funded by federal or state appropriations, as
  224  determined by the Legislature in the General Appropriations Act
  225  or other law.
  226         (9) The secretary executive director shall:
  227         (a) Manage all activities and responsibilities of the
  228  department.
  229         (b) Serve as the manager for the state with respect to
  230  contracts with Enterprise Florida, Inc., and all applicable
  231  direct-support organizations. To accomplish the provisions of
  232  this section and applicable provisions of chapter 288, and
  233  notwithstanding the provisions of part I of chapter 287, the
  234  secretary director shall enter into specific contracts with
  235  Enterprise Florida, Inc., and other appropriate direct-support
  236  organizations. Such contracts may be for multiyear terms and
  237  must include specific performance measures for each year. For
  238  purposes of this section, the Florida Tourism Industry Marketing
  239  Corporation and the Institute for Commercialization of Florida
  240  Technology are not appropriate direct-support organizations.
  241         (c) Serve as a member of the board of directors of the
  242  Florida Development Finance Corporation. The secretary executive
  243  director may designate an employee of the department to serve in
  244  this capacity.
  245         Section 2. Paragraph (a) of subsection (5) of section
  246  288.901, Florida Statutes, is amended to read:
  247         288.901 Enterprise Florida, Inc.—
  249         (a) In addition to the Governor or his or her designee, the
  250  board of directors shall consist of the following appointed
  251  members:
  252         1. The Commissioner of Education or his or her designee.
  253         2. The Chief Financial Officer or his or her designee.
  254         3. The Attorney General or his or her designee.
  255         4. The Commissioner of Agriculture or his or her designee.
  256         5. The chairperson of the state board as defined in s.
  257  445.002.
  258         6. The Secretary of State or his or her designee.
  259         7. The Secretary of Economic Opportunity or his or her
  260  designee.
  261         8. Twelve members from the private sector, six of whom
  262  shall be appointed by the Governor, three of whom shall be
  263  appointed by the President of the Senate, and three of whom
  264  shall be appointed by the Speaker of the House of
  265  Representatives. Members appointed by the Governor are subject
  266  to Senate confirmation.
  268  All board members shall serve without compensation, but are
  269  entitled to receive reimbursement for per diem and travel
  270  expenses pursuant to s. 112.061. Such expenses must be paid out
  271  of funds of Enterprise Florida, Inc.
  272         Section 3. Subsection (2) of section 290.042, Florida
  273  Statutes, is amended to read:
  274         290.042 Definitions relating to Florida Small Cities
  275  Community Development Block Grant Program Act.—As used in ss.
  276  290.0401-290.048, the term:
  277         (2) “Administrative costs” has the same meaning as defined
  278  in the Housing and Community Development Act of 1974, as
  279  amended, and applicable federal regulations means the payment of
  280  all reasonable costs of management, coordination, monitoring,
  281  and evaluation, and similar costs and carrying charges, related
  282  to the planning and execution of community development
  283  activities which are funded in whole or in part under the
  284  Florida Small Cities Community Development Block Grant Program.
  285  Administrative costs shall include all costs of administration,
  286  including general administration, planning and urban design, and
  287  project administration costs.
  288         Section 4. Subsections (3), (4), and (5) of section
  289  290.044, Florida Statutes, are amended to read:
  290         290.044 Florida Small Cities Community Development Block
  291  Grant Program Fund; administration; distribution.—
  292         (3) The department shall require applicants for grants to
  293  compete against each other in the following grant program
  294  categories that may include one or more of the following:
  295         (a) Housing rehabilitation.
  296         (b) Economic development.
  297         (c) Neighborhood revitalization.
  298         (d) Commercial revitalization.
  299         (e)Any other activity authorized by the Housing and
  300  Community Development Act of 1974, as amended, and applicable
  301  federal regulations.
  302         (4) The department shall define broad community development
  303  objectives to be achieved by the activities in each of the grant
  304  program categories with the use of funds from the Florida Small
  305  Cities Community Development Block Grant Program Fund. Such
  306  objectives shall be designed to meet at least one of the
  307  national objectives provided in the Housing and Community
  308  Development Act of 1974.
  309         (5) The department may set aside an amount of up to 15 5
  310  percent of the funds annually for use in any eligible local
  311  government jurisdiction for which an emergency or natural
  312  disaster has been declared by executive order. Such funds may
  313  only be provided to a local government to fund eligible
  314  emergency-related activities for which no other source of
  315  federal, state, or local disaster funds is available. The
  316  department may provide for such set-aside by rule. In the last
  317  quarter of the state fiscal year, any funds not allocated under
  318  the emergency-related set-aside shall be distributed to unfunded
  319  applications from the most recent funding cycle.
  320         Section 5. Subsection (2), paragraph (b) of subsection (3),
  321  and subsection (6) of section 290.046, Florida Statutes, are
  322  amended to read:
  323         290.046 Applications for grants; procedures; requirements.—
  324         (2)(a)Except for applications for economic development
  325  grants as provided in subparagraph (b)1., an eligible local
  326  government may submit one application for a grant during each
  327  application cycle.
  328         (b)1.An eligible local government may apply up to three
  329  times in any one annual funding cycle for an economic
  330  development grant but may not receive more than one such grant
  331  per annual funding cycle. A local government may have more than
  332  one open economic development grant.
  333         (2)(a)2. The department shall establish minimum criteria
  334  pertaining to the number of jobs created for persons of low or
  335  moderate income, the degree of private sector financial
  336  commitment, and the economic feasibility of the proposed project
  337  and shall establish any other criteria the department deems
  338  appropriate. Assistance to a private, for-profit business may
  339  not be provided from a grant award unless sufficient evidence
  340  exists to demonstrate that without such public assistance the
  341  creation or retention of such jobs would not occur.
  342         (b)(c)1. A local government with an open housing
  343  rehabilitation, neighborhood revitalization, or commercial
  344  revitalization contract is not eligible to apply for another
  345  housing rehabilitation, neighborhood revitalization, or
  346  commercial revitalization grant until administrative closeout of
  347  its existing contract. The department shall notify a local
  348  government of administrative closeout or of any outstanding
  349  closeout issues within 45 days after receipt of a closeout
  350  package from the local government. A local government with an
  351  open housing rehabilitation, neighborhood revitalization, or
  352  commercial revitalization community development block grant
  353  contract whose activities are on schedule in accordance with the
  354  expenditure rates and accomplishments described in the contract
  355  may apply for an economic development grant.
  356         (c)2. A local government with an open economic development
  357  community development block grant contract whose activities are
  358  on schedule in accordance with the expenditure rates and
  359  accomplishments described in the contract may apply for a
  360  housing rehabilitation, neighborhood revitalization, or
  361  commercial revitalization community development block grant. A
  362  local government with an open economic development contract
  363  whose activities are on schedule in accordance with the
  364  expenditure rates and accomplishments described in the contract
  365  may receive no more than one additional economic development
  366  grant in each fiscal year.
  367         (d) The department may not award a grant until it has
  368  conducted a site visit to verify the information contained in
  369  the local government’s application.
  370         (3)
  371         (b) Funds shall be distributed according to the rankings
  372  established in each application cycle. If economic development
  373  funds remain available after the application cycle closes, the
  374  remaining funds shall be awarded to eligible projects on a
  375  first-come, first-served basis until such funds are fully
  376  obligated.
  377         (6) The department shall, before approving an application
  378  for a grant, determine that the applicant has the administrative
  379  capacity to carry out the proposed activities and has performed
  380  satisfactorily in carrying out past activities funded by
  381  community development block grants. The evaluation of past
  382  performance shall take into account procedural aspects of
  383  previous grants as well as substantive results. If the
  384  department determines that any applicant has failed to
  385  accomplish substantially the results it proposed in its last
  386  previously funded applications application, it may prohibit the
  387  applicant from receiving a grant or may penalize the applicant
  388  in the rating of the current application. An application for
  389  grant funds may not be denied solely upon the basis of the past
  390  performance of the eligible applicant.
  391         Section 6. Section 331.3081, Florida Statutes, is amended
  392  to read:
  393         331.3081 Board of directors.—Space Florida shall be
  394  governed by a 13-member independent board of directors that
  395  consists of the members appointed to the board of directors of
  396  Enterprise Florida, Inc., by the Governor, the President of the
  397  Senate, and the Speaker of the House of Representatives pursuant
  398  to s. 288.901(5)(a)8. s. 288.901(5)(a)7. and the Governor, who
  399  shall serve ex officio, or who may appoint a designee to serve,
  400  as the chair and a voting member of the board.
  401         Section 7. Subsection (5) of section 435.02, Florida
  402  Statutes, is amended to read:
  403         435.02 Definitions.—For the purposes of this chapter, the
  404  term:
  405         (5) “Specified agency” means the Department of Health, the
  406  Department of Children and Families, the Division of Vocational
  407  Rehabilitation within the Department of Education, the Agency
  408  for Health Care Administration, the Department of Elderly
  409  Affairs, the Department of Juvenile Justice, the Agency for
  410  Persons with Disabilities, regional workforce boards providing
  411  services as defined in s. 445.002(3), and local licensing
  412  agencies approved pursuant to s. 402.307, when these agencies
  413  are conducting state and national criminal history background
  414  screening on persons who work with children or persons who are
  415  elderly or disabled.
  416         Section 8. Paragraph (c) of subsection (1) of section
  417  443.091, Florida Statutes, is amended to read:
  418         443.091 Benefit eligibility conditions.—
  419         (1) An unemployed individual is eligible to receive
  420  benefits for any week only if the Department of Economic
  421  Opportunity finds that:
  422         (c) To make continued claims for benefits, she or he is
  423  reporting to the department in accordance with this paragraph
  424  and department rules. Department rules may not conflict with s.
  425  443.111(1)(b), which requires that each claimant continue to
  426  report regardless of any pending appeal relating to her or his
  427  eligibility or disqualification for benefits.
  428         1. For each week of unemployment claimed, each report must,
  429  at a minimum, include the name and, address, and telephone
  430  number of each prospective employer contacted, or the date the
  431  claimant reported to a one-stop career center, pursuant to
  432  paragraph (d). For the purposes of this subparagraph, the term
  433  “address” means a website address, a physical address, or an e
  434  mail address.
  435         2. The department shall offer an online assessment aimed at
  436  identifying an individual’s skills, abilities, and career
  437  aptitude. The skills assessment must be voluntary, and the
  438  department shall allow a claimant to choose whether to take the
  439  skills assessment. The online assessment shall be made available
  440  to any person seeking services from a local workforce
  441  development board or a one-stop career center.
  442         a. If the claimant chooses to take the online assessment,
  443  the outcome of the assessment shall be made available to the
  444  claimant, local workforce development board, and one-stop career
  445  center. The department, local workforce development board, or
  446  one-stop career center shall use the assessment to develop a
  447  plan for referring individuals to training and employment
  448  opportunities. Aggregate data on assessment outcomes may be made
  449  available to CareerSource Florida, Inc., and Enterprise Florida,
  450  Inc., for use in the development of policies related to
  451  education and training programs that will ensure that businesses
  452  in this state have access to a skilled and competent workforce.
  453         b. Individuals shall be informed of and offered services
  454  through the one-stop delivery system, including career
  455  counseling, the provision of skill match and job market
  456  information, and skills upgrade and other training
  457  opportunities, and shall be encouraged to participate in such
  458  services at no cost to the individuals. The department shall
  459  coordinate with CareerSource Florida, Inc., the local workforce
  460  development boards, and the one-stop career centers to identify,
  461  develop, and use best practices for improving the skills of
  462  individuals who choose to participate in skills upgrade and
  463  other training opportunities. The department may contract with
  464  an entity to create the online assessment in accordance with the
  465  competitive bidding requirements in s. 287.057. The online
  466  assessment must work seamlessly with the Reemployment Assistance
  467  Claims and Benefits Information System.
  468         Section 9. Paragraph (a) of subsection (1) and subsection
  469  (6) of section 443.101, Florida Statutes, are amended to read:
  470         443.101 Disqualification for benefits.—An individual shall
  471  be disqualified for benefits:
  472         (1)(a) For the week in which he or she has voluntarily left
  473  work without good cause attributable to his or her employing
  474  unit or for the week in which he or she has been discharged by
  475  the employing unit for misconduct connected with his or her
  476  work, based on a finding by the Department of Economic
  477  Opportunity. As used in this paragraph, the term “work” means
  478  any work, whether full-time, part-time, or temporary.
  479         1. Disqualification for voluntarily quitting continues for
  480  the full period of unemployment next ensuing after the
  481  individual has left his or her full-time, part-time, or
  482  temporary work voluntarily without good cause and until the
  483  individual has earned income equal to or greater than 17 times
  484  his or her weekly benefit amount. As used in this subsection,
  485  the term “good cause” includes only that cause attributable to
  486  the employing unit which would compel a reasonable employee to
  487  cease working or attributable to the individual’s illness or
  488  disability requiring separation from his or her work. Any other
  489  disqualification may not be imposed.
  490         2. An individual is not disqualified under this subsection
  491  for:
  492         a. Voluntarily leaving temporary work to return immediately
  493  when called to work by the permanent employing unit that
  494  temporarily terminated his or her work within the previous 6
  495  calendar months;
  496         b. Voluntarily leaving work to relocate as a result of his
  497  or her military-connected spouse’s permanent change of station
  498  orders, activation orders, or unit deployment orders; or
  499         c. Voluntarily leaving work if he or she proves that his or
  500  her discontinued employment is a direct result of circumstances
  501  related to domestic violence as defined in s. 741.28. An
  502  individual who voluntarily leaves work under this sub
  503  subparagraph must:
  504         (I) Make reasonable efforts to preserve employment, unless
  505  the individual establishes that such remedies are likely to be
  506  futile or to increase the risk of future incidents of domestic
  507  violence. Such efforts may include seeking a protective
  508  injunction, relocating to a secure place, or seeking reasonable
  509  accommodation from the employing unit, such as a transfer or
  510  change of assignment;
  511         (II) Provide evidence such as an injunction, a protective
  512  order, or other documentation authorized by state law which
  513  reasonably proves that domestic violence has occurred; and
  514         (III)Reasonably believe that he or she is likely to be the
  515  victim of a future act of domestic violence at, in transit to,
  516  or departing from his or her place of employment. An individual
  517  who is otherwise eligible for benefits under this sub
  518  subparagraph is ineligible for each week that he or she no
  519  longer meets such criteria or refuses a reasonable accommodation
  520  offered in good faith by his or her employing unit.
  521         3. The employment record of an employing unit may not be
  522  charged for the payment of benefits to an individual who has
  523  voluntarily left work under sub-subparagraph 2.c.
  524         4. Disqualification for being discharged for misconduct
  525  connected with his or her work continues for the full period of
  526  unemployment next ensuing after having been discharged and until
  527  the individual is reemployed and has earned income of at least
  528  17 times his or her weekly benefit amount and for not more than
  529  52 weeks immediately following that week, as determined by the
  530  department in each case according to the circumstances or the
  531  seriousness of the misconduct, under the department’s rules for
  532  determining disqualification for benefits for misconduct.
  533         5. If an individual has provided notification to the
  534  employing unit of his or her intent to voluntarily leave work
  535  and the employing unit discharges the individual for reasons
  536  other than misconduct before the date the voluntary quit was to
  537  take effect, the individual, if otherwise entitled, shall
  538  receive benefits from the date of the employer’s discharge until
  539  the effective date of his or her voluntary quit.
  540         6. If an individual is notified by the employing unit of
  541  the employer’s intent to discharge the individual for reasons
  542  other than misconduct and the individual quits without good
  543  cause before the date the discharge was to take effect, the
  544  claimant is ineligible for benefits pursuant to s. 443.091(1)(d)
  545  for failing to be available for work for the week or weeks of
  546  unemployment occurring before the effective date of the
  547  discharge.
  548         (6) For making any false or fraudulent representation for
  549  the purpose of obtaining benefits contrary to this chapter,
  550  constituting a violation under s. 443.071. The disqualification
  551  imposed under this subsection shall begin with the week for in
  552  which the false or fraudulent representation was is made and
  553  shall continue for a period not to exceed 1 year after the date
  554  the Department of Economic Opportunity discovers the false or
  555  fraudulent representation and until any overpayment of benefits
  556  resulting from such representation has been repaid in full. This
  557  disqualification may be appealed in the same manner as any other
  558  disqualification imposed under this section. A conviction by any
  559  court of competent jurisdiction in this state of the offense
  560  prohibited or punished by s. 443.071 is conclusive upon the
  561  appeals referee and the commission of the making of the false or
  562  fraudulent representation for which disqualification is imposed
  563  under this section.
  564         Section 10. Section 443.1113, Florida Statutes, is amended
  565  to read:
  566         443.1113 Reemployment Assistance Claims and Benefits
  567  Information System.—
  568         (1) Subject to legislative appropriation, the Department of
  569  Economic Opportunity shall implement an integrated modular
  570  cloud-based system that is necessary for the efficient
  571  distribution of benefits and the effective operation and
  572  management of the reemployment assistance program. To The extent
  573  that funds are appropriated for each phase of the Reemployment
  574  Assistance Claims and Benefits Information system may be cited
  575  by the Legislature, the Department of Economic Opportunity shall
  576  replace and enhance the functionality provided in the following
  577  systems with an integrated Internet-based system that is known
  578  as the “Reemployment Assistance Claims and Benefits Information
  579  System” and must:
  580         (a) Be accessible through the Internet Claims and benefit
  581  mainframe system.
  582         (b) Be accessible on mobile devices and personal computers
  583  Florida unemployment Internet direct.
  584         (c) Process reemployment assistance claims Florida
  585  continued claim Internet directory.
  586         (d) Process benefit payments Call center interactive voice
  587  response system.
  588         (e) Process and manage overpayments Benefit overpayment
  589  screening system.
  590         (f) Perform adjudication functions Internet and Intranet
  591  appeals system.
  592         (g) Process appeals and manage appeal hearings.
  593         (h) Manage and process employer charging.
  594         (2) Wherever cost-effective and operationally feasible, the
  595  Reemployment Assistance Claims and Benefits System shall
  596  accomplish the following main business objectives:
  597         (a) Wherever cost-effective and operationally feasible,
  598  Eliminate or automate existing paper processes and enhance any
  599  existing automated workflows in order to expedite customer
  600  transactions and eliminate redundancy.
  601         (b) Enable and enhance online, self-service capabilities
  602  access to claimant and employer information and federal and
  603  state reporting.
  604         (c) Integrate benefit payment control with the adjudication
  605  program and collection system in order to improve the detection
  606  of fraud.
  607         (d) Comply with all requirements established in federal and
  608  state law for reemployment assistance.
  609         (e) Integrate with the Department of Revenue’s statewide
  610  unified tax system that collects reemployment assistance taxes.
  611         (3) The scope of the Reemployment Assistance Claims and
  612  Benefits Information System does not include any of the
  613  following functionalities:
  614         (a) Collection of reemployment assistance taxes.
  615         (b) General ledger, financial management, or budgeting
  616  capabilities.
  617         (c) Human resource planning or management capabilities.
  618         (4) The project to implement the Reemployment Assistance
  619  Claims and Benefits Information System is comprised of the
  620  following phases and corresponding implementation timeframes:
  621         (a) No later than the end of fiscal year 2009-2010
  622  completion of the business re-engineering analysis and
  623  documentation of both the detailed system requirements and the
  624  overall system architecture.
  625         (b) The Reemployment Assistance Claims and Benefits
  626  Internet portal that replaces the Florida Unemployment Internet
  627  Direct and the Florida Continued Claims Internet Directory
  628  systems, the Call Center Interactive Voice Response System, the
  629  Benefit Overpayment Screening System, the Internet and Intranet
  630  Appeals System, and the Claims and Benefits Mainframe System
  631  shall be deployed to full operational status no later than the
  632  end of fiscal year 2013-2014.
  633         (4)(5) The Department of Economic Opportunity shall
  634  maintain a sustainable culture of continuous modernization and
  635  shall implement and maintain the following Reemployment
  636  Assistance Claims and Benefits Information System project
  637  governance structure until such time as the project is
  638  completed, suspended, or terminated:
  639         (a) The project sponsor for the Reemployment Assistance
  640  Claims and Benefits Information System project is the
  641  department.
  642         (a)(b) The system project shall be governed by an executive
  643  steering committee composed of the Reemployment Assistance
  644  Modernization Strategic Planning Office.
  645         (b) The Reemployment Assistance Modernization Strategic
  646  Planning Office shall report directly to the Secretary of
  647  Economic Opportunity and is responsible for:
  648         1. Coordinating and seeking input, including, but not
  649  limited to, from the following entities voting members or their
  650  designees:
  651         1. The executive director of the department.
  652         a.2. The executive director of the Department of Revenue.
  653         b.3.The Department of Management Services, including, but
  654  not limited to, the state chief information officer The director
  655  of the Division of Workforce Services within the department.
  656         4. The program director of the General Tax Administration
  657  Program Office within the Department of Revenue.
  658         5. The chief information officer of the department.
  659         (c) The executive steering committee has the overall
  660  responsibility for ensuring that the project meets its primary
  661  objectives and is specifically responsible for:
  662         1. Providing management direction and support to the
  663  project management team.
  664         2. Assessing the project’s alignment with the strategic
  665  goals of the department for administering the reemployment
  666  assistance program.
  667         2. Implementing continuous modernization initiatives for
  668  the Reemployment Assistance Claims and Benefits Information
  669  System. The modernization initiatives must include, but need not
  670  be limited to:
  671         a. Infrastructure.
  672         b. Software.
  673         c. Data and analytics.
  674         d. Security.
  675         3. Providing regular updates to the Secretary of Economic
  676  Opportunity.
  677         4. Developing and maintaining an enterprise disaster
  678  preparedness plan.
  679         (5) By October 1, 2023, and each year thereafter, the
  680  Department of Economic Opportunity shall submit a Reemployment
  681  Assistance Claims and Benefits Information System report to the
  682  Governor, the President of the Senate, and the Speaker of the
  683  House of Representatives. The report must, at a minimum,
  684  include:
  685         (a) A summary of continuous modernization efforts over the
  686  last fiscal year.
  687         (b) A 3-year outlook of recommended modernization projects
  688  that include projected costs and timeframes for completion.
  689         (6) In the event of a disaster or an emergency, as declared
  690  by the President of the United States or the Governor of this
  691  state, which may disrupt or endanger the Department of Economic
  692  Opportunity’s usual procedures or facilities, the department may
  693  implement an emergency reemployment assistance system.
  694  Subsection (1) does not apply to an emergency reemployment
  695  assistance system.
  696         3. Reviewing and approving or disapproving any changes to
  697  the project’s scope, schedule, and costs.
  698         4. Reviewing, approving or disapproving, and determining
  699  whether to proceed with any major project deliverables.
  700         5. Recommending suspension or termination of the project to
  701  the Governor, the President of the Senate, and the Speaker of
  702  the House of Representatives if it determines that the primary
  703  objectives cannot be achieved.
  704         (d) The project management team shall work under the
  705  direction of the executive steering committee and shall be
  706  minimally comprised of senior managers and stakeholders from the
  707  department and the Department of Revenue. The project management
  708  team is responsible for:
  709         1. Providing daily planning, management, and oversight of
  710  the project.
  711         2. Submitting an operational work plan and providing
  712  quarterly updates to that plan to the executive steering
  713  committee. The plan must specify project milestones,
  714  deliverables, and expenditures.
  715         3. Submitting written monthly project status reports to the
  716  executive steering committee which include:
  717         a. Planned versus actual project costs;
  718         b. An assessment of the status of major milestones and
  719  deliverables;
  720         c. Identification of any issues requiring resolution, the
  721  proposed resolution for these issues, and information regarding
  722  the status of the resolution;
  723         d. Identification of risks that must be managed; and
  724         e. Identification of and recommendations regarding
  725  necessary changes in the project’s scope, schedule, or costs.
  726  All recommendations must be reviewed by project stakeholders
  727  before submission to the executive steering committee in order
  728  to ensure that the recommendations meet required acceptance
  729  criteria.
  730         Section 11. Paragraphs (a) and (b) of subsection (3) and
  731  paragraphs (a) and (b) of subsection (4) of section 443.151,
  732  Florida Statutes, are amended to read:
  733         443.151 Procedure concerning claims.—
  735         (a) Notices of claim.—The Department of Economic
  736  Opportunity shall promptly provide a notice of claim to the
  737  claimant’s most recent employing unit and all employers whose
  738  employment records are liable for benefits under the monetary
  739  determination. The employer must respond to the notice of claim
  740  within 14 20 days after the mailing date of the notice, or in
  741  lieu of mailing, within 14 20 days after the delivery of the
  742  notice. If a contributing employer or its agent fails to timely
  743  or adequately respond to the notice of claim or request for
  744  information, the employer’s account may not be relieved of
  745  benefit charges as provided in s. 443.131(3)(a), notwithstanding
  746  paragraph (5)(b). The department may adopt rules as necessary to
  747  implement the processes described in this paragraph relating to
  748  notices of claim.
  749         (b) Monetary determinations.—In addition to the notice of
  750  claim, the department shall also promptly provide an initial
  751  monetary determination to the claimant and each base period
  752  employer whose account is subject to being charged for its
  753  respective share of benefits on the claim. The monetary
  754  determination must include a statement of whether and in what
  755  amount the claimant is entitled to benefits, and, in the event
  756  of a denial, must state the reasons for the denial. A monetary
  757  determination for the first week of a benefit year must also
  758  include a statement of whether the claimant was paid the wages
  759  required under s. 443.091(1)(g) and, if so, the first day of the
  760  benefit year, the claimant’s weekly benefit amount, and the
  761  maximum total amount of benefits payable to the claimant for a
  762  benefit year. The claimant may file a request for the department
  763  to reconsider a monetary determination within 20 days after the
  764  department mails the notice to the claimant’s last known address
  765  or, in lieu of mailing, within 20 days after the delivery of the
  766  notice. A monetary determination is final for a claimant if the
  767  claimant does not file a timely request for the department to
  768  reconsider the monetary determination. A monetary
  769  redetermination is final for a claimant unless within 20 days
  770  after the mailing of the notice of monetary redetermination to
  771  the claimant’s last known address or, in lieu of mailing, within
  772  20 days after the delivery of the notice, the claimant files an
  773  appeal. The monetary determination or monetary redetermination
  774  is final for an employer or other party entitled to notice
  775  unless within 20 days after the mailing of the respective notice
  776  to the employer or party to its last known address or, in lieu
  777  of mailing, within 20 days after delivery of the notice, an
  778  appeal is filed by the employer or the party The monetary
  779  determination is final unless within 20 days after the mailing
  780  of the notices to the parties’ last known addresses, or in lieu
  781  of mailing, within 20 days after the delivery of the notices, an
  782  appeal or written request for reconsideration is filed by the
  783  claimant or other party entitled to notice. The department may
  784  adopt rules as necessary to implement the processes described in
  785  this paragraph relating to notices of monetary determinations
  786  and the appeals or reconsideration requests filed in response to
  787  such notices.
  788         (4) APPEALS.—
  789         (a)  Appeals referees.—
  790         1. The Department of Economic Opportunity shall appoint one
  791  or more impartial salaried appeals referees in accordance with
  792  s. 443.171(3) to hear and decide appealed claims.
  793         2. An appeals referee must be an attorney in good standing
  794  with The Florida Bar or be successfully admitted to The Florida
  795  Bar within 8 months after his or her date of employment. This
  796  subparagraph does not apply to an appeals referee appointed
  797  before January 1, 2014.
  798         3. A person may not participate on behalf of the department
  799  as an appeals referee in any case in which she or he is an
  800  interested party.
  801         3.4. The department may designate alternates to serve in
  802  the absence or disqualification of any appeals referee on a
  803  temporary basis. These alternates must have the same
  804  qualifications required of appeals referees.
  805         4.5. The department shall provide the commission and the
  806  appeals referees with proper facilities and assistance for the
  807  execution of their functions.
  808         (b) Filing and hearing.—
  809         1. The claimant or any other party entitled to notice of a
  810  determination may appeal an adverse determination to an appeals
  811  referee within 20 days after the date of mailing of the notice
  812  to her or his last known address or, if the notice is not
  813  mailed, within 20 days after the date of delivering the notice.
  814         2. Unless the appeal is untimely or withdrawn or review is
  815  initiated by the commission, the appeals referee, after mailing
  816  all parties and attorneys of record a notice of hearing at least
  817  10 days before the date of hearing, notwithstanding the 14-day
  818  notice requirement in s. 120.569(2)(b), may only affirm, modify,
  819  or reverse the determination. An appeal may not be withdrawn
  820  without the permission of the appeals referee.
  821         3. However, If an appeal appears to have been filed after
  822  the permissible time limit, the Office of Appeals may issue an
  823  order to show cause to the appellant which requires the
  824  appellant to show why the appeal should not be dismissed as
  825  untimely. If, within 15 days after the mailing date of the order
  826  to show cause, the appellant does not provide written evidence
  827  of timely filing or good cause for failure to appeal timely, the
  828  appeal shall be dismissed. However, an appeal may not be filed
  829  more than 5 years after the date of the mailing of the
  830  determination or, if the determination is not mailed, more than
  831  5 years after the date of the delivery of the determination.
  832         4. If an appeal involves a question of whether services
  833  were performed by a claimant in employment or for an employer,
  834  the referee must give special notice of the question and of the
  835  pendency of the appeal to the employing unit and to the
  836  department, both of which become parties to the proceeding.
  837         5.a. Any part of the evidence may be received in written
  838  form, and all testimony of parties and witnesses shall be made
  839  under oath.
  840         b. Irrelevant, immaterial, or unduly repetitious evidence
  841  shall be excluded, but all other evidence of a type commonly
  842  relied upon by reasonably prudent persons in the conduct of
  843  their affairs is admissible, whether or not such evidence would
  844  be admissible in a trial in state court.
  845         c. Hearsay evidence may be used for the purpose of
  846  supplementing or explaining other evidence, or to support a
  847  finding if it would be admissible over objection in civil
  848  actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
  849  support a finding of fact if:
  850         (I) The party against whom it is offered has a reasonable
  851  opportunity to review such evidence prior to the hearing; and
  852         (II) The appeals referee or special deputy determines,
  853  after considering all relevant facts and circumstances, that the
  854  evidence is trustworthy and probative and that the interests of
  855  justice are best served by its admission into evidence.
  856         6. The parties must be notified promptly of the referee’s
  857  decision. The referee’s decision is final unless further review
  858  is initiated under paragraph (c) within 20 days after the date
  859  of mailing notice of the decision to the party’s last known
  860  address or, in lieu of mailing, within 20 days after the
  861  delivery of the notice.
  862         Section 12. Paragraph (d) of subsection (3) of section
  863  445.004, Florida Statutes, is amended, and subsections (1) and
  864  (2) of that section are republished, to read:
  865         445.004 CareerSource Florida, Inc., and the state board;
  866  creation; purpose; membership; duties and powers.—
  867         (1) CareerSource Florida, Inc., is created as a not-for
  868  profit corporation, which shall be registered, incorporated,
  869  organized, and operated in compliance with chapter 617 and shall
  870  operate at the direction of the state board. CareerSource
  871  Florida, Inc., is not a unit or entity of state government and
  872  is exempt from chapters 120 and 287. CareerSource Florida, Inc.,
  873  shall apply the procurement and expenditure procedures required
  874  by federal law for the expenditure of federal funds.
  875  CareerSource Florida, Inc., shall be administratively housed
  876  within the department and shall operate under agreement with the
  877  department. The Legislature finds that public policy dictates
  878  that CareerSource Florida, Inc., operate in the most open and
  879  accessible manner consistent with its public purpose. To this
  880  end, the Legislature specifically declares that CareerSource
  881  Florida, Inc., its board, councils, and any advisory committees
  882  or similar groups created by CareerSource Florida, Inc., are
  883  subject to the provisions of chapter 119 relating to public
  884  records, and those provisions of chapter 286 relating to public
  885  meetings.
  886         (2) CareerSource Florida, Inc., provides administrative
  887  support for the state board, the principal workforce policy
  888  organization for the state. The purpose of the state board is to
  889  design and implement strategies that help Floridians enter,
  890  remain in, and advance in the workplace, so that they may become
  891  more highly skilled and successful, which benefits these
  892  Floridians, Florida businesses, and the entire state, and
  893  fosters the development of the state’s business climate.
  894  CareerSource Florida, Inc., shall, consistent with its agreement
  895  with the department, implement the policy directives of the
  896  state board and administer state workforce development programs
  897  as authorized by law.
  898         (3)
  899         (d) The state board must include the Secretary of Economic
  900  Opportunity or his or her designee, the vice chairperson of the
  901  board of directors of Enterprise Florida, Inc., and one member
  902  representing each of the Workforce Innovation and Opportunity
  903  Act partners, including the Division of Career and Adult
  904  Education, and other entities representing programs identified
  905  in the Workforce Innovation and Opportunity Act, as determined
  906  necessary.
  907         Section 13. Subsection (14) of section 553.79, Florida
  908  Statutes, is amended to read:
  909         553.79 Permits; applications; issuance; inspections.—
  910         (14)(a) Except as provided in paragraph (b), a building
  911  permit for a single-family residential dwelling must be issued
  912  within 30 working days after receipt of the application therefor
  913  unless unusual circumstances require a longer time for
  914  processing the application or unless the permit application
  915  fails to satisfy the Florida Building Code or the enforcing
  916  agency’s laws or ordinances.
  917         (b) A building permit for a single-family residential
  918  dwelling applied for by a contractor licensed in this state on
  919  behalf of a property owner who participates in a Community
  920  Development Block Grant–Disaster Recovery program administered
  921  by the Department of Economic Opportunity must be issued within
  922  15 working days after receipt of the application unless the
  923  permit application fails to satisfy the Florida Building Code or
  924  the enforcing agency’s laws or ordinances.
  925         Section 14. Paragraph (b) of subsection (2) of section
  926  14.20195, Florida Statutes, is amended to read:
  927         14.20195 Suicide Prevention Coordinating Council; creation;
  928  membership; duties.—There is created within the Statewide Office
  929  for Suicide Prevention a Suicide Prevention Coordinating
  930  Council. The council shall develop strategies for preventing
  931  suicide.
  932         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
  933  shall consist of 31 voting members and 1 nonvoting member.
  934         (b) The following state officials or their designees shall
  935  serve on the coordinating council:
  936         1. The Secretary of Elderly Affairs.
  937         2. The State Surgeon General.
  938         3. The Commissioner of Education.
  939         4. The Secretary of Health Care Administration.
  940         5. The Secretary of Juvenile Justice.
  941         6. The Secretary of Corrections.
  942         7. The executive director of the Department of Law
  943  Enforcement.
  944         8. The executive director of the Department of Veterans’
  945  Affairs.
  946         9. The Secretary of Children and Families.
  947         10. The Secretary executive director of the Department of
  948  Economic Opportunity.
  949         Section 15. Paragraph (j) of subsection (1) of section
  950  16.615, Florida Statutes, is amended to read:
  951         16.615 Council on the Social Status of Black Men and Boys.—
  952         (1) The Council on the Social Status of Black Men and Boys
  953  is established within the Department of Legal Affairs and shall
  954  consist of 19 members appointed as follows:
  955         (j) The Secretary executive director of the Department of
  956  Economic Opportunity or his or her designee.
  957         Section 16. Subsection (3) and paragraph (b) of subsection
  958  (7) of section 20.04, Florida Statutes, are amended to read:
  959         20.04 Structure of executive branch.—The executive branch
  960  of state government is structured as follows:
  961         (3) For their internal structure, all departments, except
  962  for the Department of Financial Services, the Department of
  963  Economic Opportunity, the Department of Children and Families,
  964  the Department of Corrections, the Department of Management
  965  Services, the Department of Revenue, and the Department of
  966  Transportation, must adhere to the following standard terms:
  967         (a) The principal unit of the department is the “division.”
  968  Each division is headed by a “director.”
  969         (b) The principal unit of the division is the “bureau.”
  970  Each bureau is headed by a “chief.”
  971         (c) The principal unit of the bureau is the “section.” Each
  972  section is headed by an “administrator.”
  973         (d) If further subdivision is necessary, sections may be
  974  divided into “subsections,” which are headed by “supervisors.”
  975         (7)
  976         (b) Within the limitations of this subsection, the head of
  977  the department may recommend the establishment of additional
  978  divisions, bureaus, sections, and subsections of the department
  979  to promote efficient and effective operation of the department.
  980  However, additional divisions, or offices in the Department of
  981  Children and Families, the Department of Corrections, the
  982  Department of Economic Opportunity, and the Department of
  983  Transportation, may be established only by specific statutory
  984  enactment. New bureaus, sections, and subsections of departments
  985  may be initiated by a department and established as recommended
  986  by the Department of Management Services and approved by the
  987  Executive Office of the Governor, or may be established by
  988  specific statutory enactment.
  989         Section 17. Paragraph (a) of subsection (7) of section
  990  213.053, Florida Statutes, is amended to read:
  991         213.053 Confidentiality and information sharing.—
  992         (7)(a) Any information received by the Department of
  993  Revenue in connection with the administration of taxes,
  994  including, but not limited to, information contained in returns,
  995  reports, accounts, or declarations filed by persons subject to
  996  tax, shall be made available to the following in performance of
  997  their official duties:
  998         1. The Auditor General or his or her authorized agent;
  999         2. The director of the Office of Program Policy Analysis
 1000  and Government Accountability or his or her authorized agent;
 1001         3. The Chief Financial Officer or his or her authorized
 1002  agent;
 1003         4. The Director of the Office of Insurance Regulation of
 1004  the Financial Services Commission or his or her authorized
 1005  agent;
 1006         5. A property appraiser or tax collector or their
 1007  authorized agents pursuant to s. 195.084(1);
 1008         6. Designated employees of the Department of Education
 1009  solely for determination of each school district’s price level
 1010  index pursuant to s. 1011.62(2);
 1011         7. The Secretary executive director of the Department of
 1012  Economic Opportunity or his or her authorized agent;
 1013         8. The taxpayers’ rights advocate or his or her authorized
 1014  agent pursuant to s. 20.21(3); and
 1015         9. The coordinator of the Office of Economic and
 1016  Demographic Research or his or her authorized agent.
 1017         Section 18. Paragraph (b) of subsection (5) of section
 1018  220.194, Florida Statutes, is amended to read:
 1019         220.194 Corporate income tax credits for spaceflight
 1020  projects.—
 1022         (b) In order to take a tax credit under subparagraph (a)1.
 1023  or, if applicable, to transfer an approved credit under
 1024  subparagraph (a)2., a spaceflight business must submit an
 1025  application for certification to the Department of Economic
 1026  Opportunity along with a nonrefundable $250 fee.
 1027         1. The application must include:
 1028         a. The name and physical in-state address of the taxpayer.
 1029         b. Documentation demonstrating to the satisfaction of the
 1030  Department of Economic Opportunity that:
 1031         (I) The taxpayer is a spaceflight business.
 1032         (II) The business has engaged in a qualifying spaceflight
 1033  project before taking or transferring a credit under this
 1034  section.
 1035         c. In addition to any requirement specific to a credit,
 1036  documentation that the business has:
 1037         (I) Created 35 new jobs in this state directly associated
 1038  with spaceflight projects during its immediately preceding 3
 1039  taxable years. The business shall be deemed to have created new
 1040  jobs if the number of full-time jobs located in this state at
 1041  the time of application for certification is greater than the
 1042  total number of full-time jobs located in this state at the time
 1043  of application for approval to earn credits; and
 1044         (II) Invested a total of at least $15 million in this state
 1045  on a spaceflight project during its immediately preceding 3
 1046  taxable years.
 1047         d. The total amount and types of credits sought.
 1048         e. An acknowledgment that a transfer of a tax credit is to
 1049  be accomplished pursuant to subsection (5).
 1050         f. A copy of an audit or audits of the preceding 3 taxable
 1051  years, prepared by a certified public accountant licensed to
 1052  practice in this state, which identifies that portion of the
 1053  business’s activities in this state related to spaceflight
 1054  projects in this state.
 1055         g. An acknowledgment that the business must file an annual
 1056  report on the spaceflight project’s progress with the Department
 1057  of Economic Opportunity.
 1058         h. Any other information necessary to demonstrate that the
 1059  applicant meets the job creation, investment, and other
 1060  requirements of this section.
 1061         2. Within 60 days after receipt of the application for
 1062  certification, the Department of Economic Opportunity shall
 1063  evaluate the application and recommend the business for
 1064  certification or denial. The Secretary executive director of the
 1065  Department of Economic Opportunity must approve or deny the
 1066  application within 30 days after receiving the recommendation.
 1067  If approved, the Department of Economic Opportunity must provide
 1068  a letter of certification to the applicant consistent with any
 1069  restrictions imposed. If the Department of Economic Opportunity
 1070  denies any part of the requested credit, the Department of
 1071  Economic Opportunity must inform the applicant of the grounds
 1072  for the denial. A copy of the certification shall be submitted
 1073  to the department within 10 days after the secretary’s executive
 1074  director’s approval.
 1075         Section 19. Subsection (3) of section 288.005, Florida
 1076  Statutes, is amended to read:
 1077         288.005 Definitions.—As used in this chapter, the term:
 1078         (3) “Executive director” means the executive director of
 1079  the Department of Economic Opportunity, unless otherwise stated.
 1080         Section 20. Subsections (1) and (3), paragraph (a) of
 1081  subsection (5), and subsection (6) of section 288.061, Florida
 1082  Statutes, are amended to read:
 1083         288.061 Economic development incentive application
 1084  process.—
 1085         (1) Upon receiving a submitted economic development
 1086  incentive application, the Division of Strategic Business
 1087  Development of the Department of Economic Opportunity and
 1088  designated staff of Enterprise Florida, Inc., shall review the
 1089  application to ensure that the application is complete, whether
 1090  and what type of state and local permits may be necessary for
 1091  the applicant’s project, whether it is possible to waive such
 1092  permits, and what state incentives and amounts of such
 1093  incentives may be available to the applicant. The department
 1094  shall recommend to the Secretary of Economic Opportunity
 1095  executive director to approve or disapprove an applicant
 1096  business. If review of the application demonstrates that the
 1097  application is incomplete, the secretary executive director
 1098  shall notify the applicant business within the first 5 business
 1099  days after receiving the application.
 1100         (3) Within 10 business days after the department receives
 1101  the submitted economic development incentive application, the
 1102  Secretary of Economic Opportunity executive director shall
 1103  approve or disapprove the application and issue a letter of
 1104  certification to the applicant which includes a justification of
 1105  that decision, unless the business requests an extension of that
 1106  time.
 1107         (a) The contract or agreement with the applicant must
 1108  specify the total amount of the award, the performance
 1109  conditions that must be met to obtain the award, the schedule
 1110  for payment, and sanctions that would apply for failure to meet
 1111  performance conditions. The department may enter into one
 1112  agreement or contract covering all of the state incentives that
 1113  are being provided to the applicant. The contract must provide
 1114  that release of funds is contingent upon sufficient
 1115  appropriation of funds by the Legislature.
 1116         (b) The release of funds for the incentive or incentives
 1117  awarded to the applicant depends upon the statutory requirements
 1118  of the particular incentive program.
 1119         (5)(a) The Secretary of Economic Opportunity executive
 1120  director may not approve an economic development incentive
 1121  application unless the application includes a signed written
 1122  declaration by the applicant which states that the applicant has
 1123  read the information in the application and that the information
 1124  is true, correct, and complete to the best of the applicant’s
 1125  knowledge and belief.
 1126         (6) Beginning July 1, 2020, the Secretary of Economic
 1127  Opportunity executive director may not approve an economic
 1128  development incentive application unless the application
 1129  includes proof to the department that the applicant business is
 1130  registered with and uses the E-Verify system, as defined in s.
 1131  448.095, to verify the work authorization status of all newly
 1132  hired employees. If the department determines that an awardee is
 1133  not complying with this subsection, the department must notify
 1134  the awardee by certified mail of the department’s determination
 1135  of noncompliance and the awardee’s right to appeal the
 1136  determination. Upon a final determination of noncompliance, the
 1137  awardee must repay all moneys received as an economic
 1138  development incentive to the department within 30 days after the
 1139  final determination.
 1140         Section 21. Paragraph (a) of subsection (6) of section
 1141  288.0656, Florida Statutes, is amended to read:
 1142         288.0656 Rural Economic Development Initiative.—
 1143         (6)(a) By August 1 of each year, the head of each of the
 1144  following agencies and organizations shall designate a deputy
 1145  secretary or higher-level staff person from within the agency or
 1146  organization to serve as the REDI representative for the agency
 1147  or organization:
 1148         1. The Department of Transportation.
 1149         2. The Department of Environmental Protection.
 1150         3. The Department of Agriculture and Consumer Services.
 1151         4. The Department of State.
 1152         5. The Department of Health.
 1153         6. The Department of Children and Families.
 1154         7. The Department of Corrections.
 1155         8. The Department of Education.
 1156         9. The Department of Juvenile Justice.
 1157         10. The Fish and Wildlife Conservation Commission.
 1158         11. Each water management district.
 1159         12. Enterprise Florida, Inc.
 1160         13. CareerSource Florida, Inc.
 1161         14. VISIT Florida.
 1162         15. The Florida Regional Planning Council Association.
 1163         16. The Agency for Health Care Administration.
 1164         17. The Institute of Food and Agricultural Sciences (IFAS).
 1166  An alternate for each designee shall also be chosen, and the
 1167  names of the designees and alternates shall be sent to the
 1168  Secretary of Economic Opportunity executive director of the
 1169  department.
 1170         Section 22. Paragraph (c) of subsection (5) and subsection
 1171  (8) of section 288.106, Florida Statutes, are amended to read:
 1172         288.106 Tax refund program for qualified target industry
 1173  businesses.—
 1174         (5) TAX REFUND AGREEMENT.—
 1175         (c) The agreement must be signed by the Secretary of
 1176  Economic Opportunity executive director and by an authorized
 1177  officer of the qualified target industry business within 120
 1178  days after the issuance of the letter of certification under
 1179  subsection (4), but not before passage and receipt of the
 1180  resolution of local financial support. The department may grant
 1181  an extension of this period at the written request of the
 1182  qualified target industry business.
 1183         (8) SPECIAL INCENTIVES.—If the department determines it is
 1184  in the best interest of the public for reasons of facilitating
 1185  economic development, growth, or new employment opportunities
 1186  within a Disproportionally Affected County, the department may,
 1187  between July 1, 2011, and June 30, 2014, waive any or all wage
 1188  or local financial support eligibility requirements and allow a
 1189  qualified target industry business from another state which
 1190  relocates all or a portion of its business to a
 1191  Disproportionally Affected County to receive a tax refund
 1192  payment of up to $6,000 multiplied by the number of jobs
 1193  specified in the tax refund agreement under subparagraph
 1194  (5)(a)1. over the term of the agreement. Before Prior to
 1195  granting such waiver, the Secretary of Economic Opportunity
 1196  executive director of the department shall file with the
 1197  Governor a written statement of the conditions and circumstances
 1198  constituting the reason for the waiver. Such business shall be
 1199  eligible for the additional tax refund payments specified in
 1200  subparagraph (3)(b)4. if it meets the criteria. As used in this
 1201  section, the term “Disproportionally Affected County” means Bay
 1202  County, Escambia County, Franklin County, Gulf County, Okaloosa
 1203  County, Santa Rosa County, Walton County, or Wakulla County.
 1204         Section 23. Subsection (5) of section 288.1089, Florida
 1205  Statutes, is amended to read:
 1206         288.1089 Innovation Incentive Program.—
 1207         (5) The department shall review proposals pursuant to s.
 1208  288.061 for all three categories of innovation incentive awards.
 1209  Before making a recommendation to the Secretary of Economic
 1210  Opportunity executive director, the department shall solicit
 1211  comments and recommendations from the Department of Agriculture
 1212  and Consumer Services. For each project, the evaluation and
 1213  recommendation to the department must include, but need not be
 1214  limited to:
 1215         (a) A description of the project, its required facilities,
 1216  and the associated product, service, or research and development
 1217  associated with the project.
 1218         (b) The percentage of match provided for the project.
 1219         (c) The number of full-time equivalent jobs that will be
 1220  created by the project, the total estimated average annual wages
 1221  of such jobs, and the types of business activities and jobs
 1222  likely to be stimulated by the project.
 1223         (d) The cumulative investment to be dedicated to the
 1224  project within 5 years and the total investment expected in the
 1225  project if more than 5 years.
 1226         (e) The projected economic and fiscal impacts on the local
 1227  and state economies relative to investment.
 1228         (f) A statement of any special impacts the project is
 1229  expected to stimulate in a particular business sector in the
 1230  state or regional economy or in the state’s universities and
 1231  community colleges.
 1232         (g) A statement of any anticipated or proposed
 1233  relationships with state universities.
 1234         (h) A statement of the role the incentive is expected to
 1235  play in the decision of the applicant to locate or expand in
 1236  this state.
 1237         (i) A recommendation and explanation of the amount of the
 1238  award needed to cause the applicant to expand or locate in this
 1239  state.
 1240         (j) A discussion of the efforts and commitments made by the
 1241  local community in which the project is to be located to induce
 1242  the applicant’s location or expansion, taking into consideration
 1243  local resources and abilities.
 1244         (k) A recommendation for specific performance criteria the
 1245  applicant would be expected to achieve in order to receive
 1246  payments from the fund and penalties or sanctions for failure to
 1247  meet or maintain performance conditions.
 1248         (l) Additional evaluative criteria for a research and
 1249  development facility project, including:
 1250         1. A description of the extent to which the project has the
 1251  potential to serve as catalyst for an emerging or evolving
 1252  cluster.
 1253         2. A description of the extent to which the project has or
 1254  could have a long-term collaborative research and development
 1255  relationship with one or more universities or community colleges
 1256  in this state.
 1257         3. A description of the existing or projected impact of the
 1258  project on established clusters or targeted industry sectors.
 1259         4. A description of the project’s contribution to the
 1260  diversity and resiliency of the innovation economy of this
 1261  state.
 1262         5. A description of the project’s impact on special needs
 1263  communities, including, but not limited to, rural areas,
 1264  distressed urban areas, and enterprise zones.
 1265         (m) Additional evaluative criteria for alternative and
 1266  renewable energy proposals, including:
 1267         1. The availability of matching funds or other in-kind
 1268  contributions applied to the total project from an applicant.
 1269  The Department of Agriculture and Consumer Services shall give
 1270  greater preference to projects that provide such matching funds
 1271  or other in-kind contributions.
 1272         2. The degree to which the project stimulates in-state
 1273  capital investment and economic development in metropolitan and
 1274  rural areas, including the creation of jobs and the future
 1275  development of a commercial market for renewable energy
 1276  technologies.
 1277         3. The extent to which the proposed project has been
 1278  demonstrated to be technically feasible based on pilot project
 1279  demonstrations, laboratory testing, scientific modeling, or
 1280  engineering or chemical theory that supports the proposal.
 1281         4. The degree to which the project incorporates an
 1282  innovative new technology or an innovative application of an
 1283  existing technology.
 1284         5. The degree to which a project generates thermal,
 1285  mechanical, or electrical energy by means of a renewable energy
 1286  resource that has substantial long-term production potential.
 1287         6. The degree to which a project demonstrates efficient use
 1288  of energy and material resources.
 1289         7. The degree to which the project fosters overall
 1290  understanding and appreciation of renewable energy technologies.
 1291         8. The ability to administer a complete project.
 1292         9. Project duration and timeline for expenditures.
 1293         10. The geographic area in which the project is to be
 1294  conducted in relation to other projects.
 1295         11. The degree of public visibility and interaction.
 1296         Section 24. Paragraph (b) of subsection (1) of section
 1297  288.1251, Florida Statutes, is amended to read:
 1298         288.1251 Promotion and development of entertainment
 1299  industry; Office of Film and Entertainment; creation; purpose;
 1300  powers and duties.—
 1301         (1) CREATION.—
 1302         (b) The department shall conduct a national search for a
 1303  qualified person to fill the position of Commissioner of Film
 1304  and Entertainment when the position is vacant. The Secretary of
 1305  Economic Opportunity executive director of the department has
 1306  the responsibility to hire the film commissioner. Qualifications
 1307  for the film commissioner include, but are not limited to, the
 1308  following:
 1309         1. A working knowledge of the equipment, personnel,
 1310  financial, and day-to-day production operations of the
 1311  industries to be served by the Office of Film and Entertainment;
 1312         2. Marketing and promotion experience related to the film
 1313  and entertainment industries to be served;
 1314         3. Experience working with a variety of individuals
 1315  representing large and small entertainment-related businesses,
 1316  industry associations, local community entertainment industry
 1317  liaisons, and labor organizations; and
 1318         4. Experience working with a variety of state and local
 1319  governmental agencies.
 1320         Section 25. Subsection (8) of section 288.8014, Florida
 1321  Statutes, is amended to read:
 1322         288.8014 Triumph Gulf Coast, Inc.; organization; board of
 1323  directors.—
 1324         (8) The Secretary executive director of the Department of
 1325  Economic Opportunity, or his or her designee, the secretary of
 1326  the Department of Environmental Protection, or his or her
 1327  designee, and the chair of the Committee of 8 Disproportionally
 1328  Affected Counties, or his or her designee, shall be available to
 1329  consult with the board of directors and may be requested to
 1330  attend meetings of the board of directors. These individuals
 1331  shall not be permitted to vote on any matter before the board.
 1332         Section 26. Paragraph (a) of subsection (4) of section
 1333  288.955, Florida Statutes, is amended to read:
 1334         288.955 Scripps Florida Funding Corporation.—
 1335         (4) BOARD; MEMBERSHIP.—The corporation shall be governed by
 1336  a board of directors.
 1337         (a) The board of directors shall consist of nine voting
 1338  members, of whom the Governor shall appoint three, the President
 1339  of the Senate shall appoint three, and the Speaker of the House
 1340  of Representatives shall appoint three. The Secretary of
 1341  Economic Opportunity executive director of the department or the
 1342  secretary’s director’s designee shall serve as an ex-officio,
 1343  nonvoting member of the board of directors.
 1344         Section 27. Subsection (2) of section 288.9604, Florida
 1345  Statutes, is amended to read:
 1346         288.9604 Creation of the corporation.—
 1347         (2) The board of directors of the corporation shall consist
 1348  of seven directors. The Secretary of Economic Opportunity
 1349  executive director of the department, or his or her designee,
 1350  shall serve as chair of the board of directors of the
 1351  corporation. The director of the Division of Bond Finance of the
 1352  State Board of Administration, or his or her designee, shall
 1353  serve as a director on the board of directors of the
 1354  corporation. The Governor, subject to confirmation by the
 1355  Senate, shall appoint the remaining five directors of the board
 1356  of directors of the corporation. The terms of office for the
 1357  appointed directors are for 4 years after the date of their
 1358  appointment. A vacancy occurring during a term of an appointed
 1359  director shall be filled for the unexpired term. An appointed
 1360  director is eligible for reappointment. At least three of the
 1361  appointed directors of the corporation must have experience in
 1362  finance, and one of the directors must have experience in
 1363  economic development.
 1364         Section 28. Subsection (5) of section 288.987, Florida
 1365  Statutes, is amended to read:
 1366         288.987 Florida Defense Support Task Force.—
 1367         (5) The Secretary executive director of the Department of
 1368  Economic Opportunity, or his or her designee, shall serve as the
 1369  ex officio, nonvoting executive director of the task force.
 1370         Section 29. Paragraph (a) of subsection (6) of section
 1371  290.0065, Florida Statutes, is amended to read:
 1372         290.0065 State designation of enterprise zones.—
 1373         (6)(a) The department may develop guidelines necessary for
 1374  the approval of areas under this section by the Secretary of
 1375  Economic Opportunity executive director.
 1376         Section 30. Subsection (1) of section 311.09, Florida
 1377  Statutes, is amended to read:
 1378         311.09 Florida Seaport Transportation and Economic
 1379  Development Council.—
 1380         (1) The Florida Seaport Transportation and Economic
 1381  Development Council is created within the Department of
 1382  Transportation. The council consists of the following 17
 1383  members: the port director, or the port director’s designee, of
 1384  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
 1385  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
 1386  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
 1387  West, and Fernandina; the secretary of the Department of
 1388  Transportation or his or her designee; and the secretary
 1389  director of the Department of Economic Opportunity or his or her
 1390  designee.
 1391         Section 31. Paragraph (b) of subsection (1) of section
 1392  311.105, Florida Statutes, is amended to read:
 1393         311.105 Florida Seaport Environmental Management Committee;
 1394  permitting; mitigation.—
 1395         (1)
 1396         (b) The committee shall consist of the following members:
 1397  the Secretary of Environmental Protection, or his or her
 1398  designee, as an ex officio, nonvoting member; a designee from
 1399  the United States Army Corps of Engineers, as an ex officio,
 1400  nonvoting member; a designee from the Florida Inland Navigation
 1401  District, as an ex officio, nonvoting member; the Secretary
 1402  executive director of the Department of Economic Opportunity, or
 1403  his or her designee, as an ex officio, nonvoting member; and
 1404  five or more port directors, as voting members, appointed to the
 1405  committee by the council chair, who shall also designate one
 1406  such member as committee chair.
 1407         Section 32. Subsection (3) of section 334.065, Florida
 1408  Statutes, is amended to read:
 1409         334.065 Center for Urban Transportation Research.—
 1410         (3) An advisory board shall be created to periodically and
 1411  objectively review and advise the center concerning its research
 1412  program. Except for projects mandated by law, state-funded base
 1413  projects shall not be undertaken without approval of the
 1414  advisory board. The membership of the board shall consist of
 1415  nine experts in transportation-related areas, including the
 1416  secretaries of the Department Florida Departments of
 1417  Transportation, the Department of and Environmental Protection,
 1418  and the executive director of the Department of Economic
 1419  Opportunity, or their designees, and a member of the Florida
 1420  Transportation Commission. The nomination of the remaining
 1421  members of the board shall be made to the President of the
 1422  University of South Florida by the College of Engineering at the
 1423  University of South Florida, and the appointment of these
 1424  members must be reviewed and approved by the Florida
 1425  Transportation Commission and confirmed by the Board of
 1426  Governors.
 1427         Section 33. Subsection (5) of section 373.4149, Florida
 1428  Statutes, is amended to read:
 1429         373.4149 Miami-Dade County Lake Belt Plan.—
 1430         (5) The secretary of the Department of Environmental
 1431  Protection, the secretary executive director of the Department
 1432  of Economic Opportunity, the secretary of the Department of
 1433  Transportation, the Commissioner of Agriculture, the executive
 1434  director of the Fish and Wildlife Conservation Commission, and
 1435  the executive director of the South Florida Water Management
 1436  District may enter into agreements with landowners, developers,
 1437  businesses, industries, individuals, and governmental agencies
 1438  as necessary to effectuate the Miami-Dade County Lake Belt Plan
 1439  and the provisions of this section.
 1440         Section 34. Subsection (2) of section 380.045, Florida
 1441  Statutes, is amended to read:
 1442         380.045 Resource planning and management committees;
 1443  objectives; procedures.—
 1444         (2) The committee must shall include, but is shall not be
 1445  limited to, representation from each of the following: elected
 1446  officials from the local governments within the area under
 1447  study; the planning office of each of the local governments
 1448  within the area under study; the state land planning agency; any
 1449  other state agency under chapter 20 a representative of which
 1450  the Governor feels is relevant to the compilation of the
 1451  committee; and a water management district, if appropriate, and
 1452  regional planning council all or part of whose jurisdiction lies
 1453  within the area under study. After the appointment of the
 1454  members, the Governor shall select a chair and vice chair. A
 1455  staff member of the state land planning agency shall be
 1456  appointed by the secretary director of such agency to serve as
 1457  the secretary of the committee. The state land planning agency
 1458  shall, to the greatest extent possible, provide technical
 1459  assistance and administrative support to the committee. Meetings
 1460  will be called as needed by the chair or on the demand of three
 1461  or more members of the committee. The committee will act on a
 1462  simple majority of a quorum present and shall make a report
 1463  within 6 months to the head of the state land planning agency.
 1464  The committee must shall, from the time of appointment, remain
 1465  in existence for no less than 6 months.
 1466         Section 35. Subsection (5) of section 403.0752, Florida
 1467  Statutes, is amended to read:
 1468         403.0752 Ecosystem management agreements.—
 1469         (5) The Secretary Executive Director of the Department of
 1470  Economic Opportunity, the Secretary of Transportation, the
 1471  Commissioner of Agriculture, the Executive Director of the Fish
 1472  and Wildlife Conservation Commission, and the executive
 1473  directors of the water management districts are authorized to
 1474  participate in the development of ecosystem management
 1475  agreements with regulated entities and other governmental
 1476  agencies as necessary to effectuate the provisions of this
 1477  section. Local governments are encouraged to participate in
 1478  ecosystem management agreements.
 1479         Section 36. Subsection (1) of section 420.0005, Florida
 1480  Statutes, is amended to read:
 1481         420.0005 State Housing Trust Fund; State Housing Fund.—
 1482         (1) There is established in the State Treasury a separate
 1483  trust fund to be named the “State Housing Trust Fund.” There
 1484  shall be deposited in the fund all moneys appropriated by the
 1485  Legislature, or moneys received from any other source, for the
 1486  purpose of this chapter, and all proceeds derived from the use
 1487  of such moneys. The fund shall be administered by the Florida
 1488  Housing Finance Corporation on behalf of the department, as
 1489  specified in this chapter. Money deposited to the fund and
 1490  appropriated by the Legislature must, notwithstanding the
 1491  provisions of chapter 216 or s. 420.504(3), be transferred
 1492  quarterly in advance, to the extent available, or, if not so
 1493  available, as soon as received into the State Housing Trust
 1494  Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
 1495  by the Chief Financial Officer to the corporation upon
 1496  certification by the Secretary executive director of the
 1497  Department of Economic Opportunity that the corporation is in
 1498  compliance with the requirements of s. 420.0006. The
 1499  certification made by the secretary executive director shall
 1500  also include the split of funds among programs administered by
 1501  the corporation and the department as specified in chapter 92
 1502  317, Laws of Florida, as amended. Moneys advanced by the Chief
 1503  Financial Officer must be deposited by the corporation into a
 1504  separate fund established with a qualified public depository
 1505  meeting the requirements of chapter 280 to be named the “State
 1506  Housing Fund” and used for the purposes of this chapter.
 1507  Administrative and personnel costs incurred in implementing this
 1508  chapter may be paid from the State Housing Fund, but such costs
 1509  may not exceed 5 percent of the moneys deposited into such fund.
 1510  To the State Housing Fund shall be credited all loan repayments,
 1511  penalties, and other fees and charges accruing to such fund
 1512  under this chapter. It is the intent of this chapter that all
 1513  loan repayments, penalties, and other fees and charges collected
 1514  be credited in full to the program account from which the loan
 1515  originated. Moneys in the State Housing Fund which are not
 1516  currently needed for the purposes of this chapter shall be
 1517  invested in such manner as is provided for by statute. The
 1518  interest received on any such investment shall be credited to
 1519  the State Housing Fund.
 1520         Section 37. Section 420.0006, Florida Statutes, is amended
 1521  to read:
 1522         420.0006 Authority to contract with corporation; contract
 1523  requirements; nonperformance.—The Secretary executive director
 1524  of Economic Opportunity the department shall contract,
 1525  notwithstanding part I of chapter 287, with the Florida Housing
 1526  Finance Corporation on a multiyear basis to stimulate, provide,
 1527  and foster affordable housing in the state. The contract must
 1528  incorporate the performance measures required by s. 420.511 and
 1529  be consistent with the corporation’s strategic business plan
 1530  prepared in accordance with s. 420.511. The contract must
 1531  provide that if the corporation fails to comply with a
 1532  performance measure required by s. 420.511, the secretary
 1533  executive director shall notify the Governor and refer the
 1534  nonperformance to the department’s inspector general for review
 1535  and determination as to whether such failure is due to forces
 1536  beyond the corporation’s control or whether such failure is due
 1537  to inadequate management of the corporation’s resources.
 1538  Advances shall continue to be made pursuant to s. 420.0005
 1539  during the pendency of the review. If such failure is due to
 1540  outside forces, it may not be deemed a violation of the
 1541  contract. If such failure is due to inadequate management, the
 1542  department’s inspector general shall provide recommendations
 1543  regarding solutions. The Governor may resolve differences of
 1544  opinion with respect to performance under the contract and may
 1545  request that advances continue in the event of a failure under
 1546  the contract due to inadequate management. The Chief Financial
 1547  Officer shall approve the request absent a finding by the Chief
 1548  Financial Officer that continuing such advances would adversely
 1549  impact the state; however, the Chief Financial Officer shall
 1550  provide advances sufficient to meet the debt service
 1551  requirements of the corporation and sufficient to fund contracts
 1552  committing funds from the State Housing Trust Fund if such
 1553  contracts are in accordance with the laws of this state.
 1554         Section 38. Paragraph (d) of subsection (1) of section
 1555  420.101, Florida Statutes, is amended to read:
 1556         420.101 Housing Development Corporation of Florida;
 1557  creation, membership, and purposes.—
 1558         (1) Twenty-five or more persons, a majority of whom shall
 1559  be residents of this state, who may desire to create a housing
 1560  development corporation under the provisions of this part for
 1561  the purpose of promoting and developing housing and advancing
 1562  the prosperity and economic welfare of the state and, to that
 1563  end, to exercise the powers and privileges hereinafter provided,
 1564  may be incorporated by filing in the Department of State, as
 1565  hereinafter provided, articles of incorporation. The articles of
 1566  incorporation shall contain:
 1567         (d) The names and post office addresses of the members of
 1568  the first board of directors. The first board of directors shall
 1569  be elected by and from the stockholders of the corporation and
 1570  shall consist of 21 members. However, five of such members shall
 1571  consist of the following persons, who shall be nonvoting
 1572  members: the Secretary executive director of the Department of
 1573  Economic Opportunity or her or his designee; the head of the
 1574  Department of Financial Services or her or his designee with
 1575  expertise in banking matters; a designee of the head of the
 1576  Department of Financial Services with expertise in insurance
 1577  matters; one state senator appointed by the President of the
 1578  Senate; and one representative appointed by the Speaker of the
 1579  House of Representatives.
 1580         Section 39. Subsection (8) of section 420.503, Florida
 1581  Statutes, is amended to read:
 1582         420.503 Definitions.—As used in this part, the term:
 1583         (8) “Contract” means the contract between the Secretary
 1584  executive director of Economic Opportunity the department and
 1585  the corporation for provision of housing services referenced in
 1586  s. 420.0006.
 1587         Section 40. Subsections (1) and (3) of section 420.504,
 1588  Florida Statutes, are amended to read:
 1589         420.504 Public corporation; creation, membership, terms,
 1590  expenses.—
 1591         (1) A public corporation and a public body corporate and
 1592  politic, to be known as the “Florida Housing Finance
 1593  Corporation,” is created within the Department of Economic
 1594  Opportunity. It is declared to be the intent of and
 1595  constitutional construction by the Legislature that the Florida
 1596  Housing Finance Corporation constitutes an entrepreneurial
 1597  public corporation organized to provide and promote the public
 1598  welfare by administering the governmental function of financing
 1599  or refinancing housing and related facilities in this state and
 1600  that the corporation is not a department of the executive branch
 1601  of state government within the scope and meaning of s. 6, Art.
 1602  IV of the State Constitution, but is functionally related to the
 1603  Department of Economic Opportunity in which it is placed. The
 1604  executive function of state government to be performed by the
 1605  Secretary executive director of the Department of Economic
 1606  Opportunity in the conduct of the business of the Florida
 1607  Housing Finance Corporation must be performed pursuant to a
 1608  contract to monitor and set performance standards for the
 1609  implementation of the business plan for the provision of housing
 1610  approved for the corporation as provided in s. 420.0006. This
 1611  contract must include performance standards for the provision of
 1612  affordable housing in this state established in the strategic
 1613  business plan described in s. 420.511.
 1614         (3) The corporation is a separate budget entity and is not
 1615  subject to control, supervision, or direction by the Department
 1616  of Economic Opportunity in any manner, including, but not
 1617  limited to, personnel, purchasing, transactions involving real
 1618  or personal property, and budgetary matters. The corporation
 1619  shall consist of a board of directors composed of the Secretary
 1620  executive director of the Department of Economic Opportunity as
 1621  an ex officio and voting member, or a senior-level agency
 1622  employee designated by the secretary director, and eight members
 1623  appointed by the Governor subject to confirmation by the Senate
 1624  from the following:
 1625         (a) One citizen actively engaged in the residential home
 1626  building industry.
 1627         (b) One citizen actively engaged in the banking or mortgage
 1628  banking industry.
 1629         (c) One citizen who is a representative of those areas of
 1630  labor engaged in home building.
 1631         (d) One citizen with experience in housing development who
 1632  is an advocate for low-income persons.
 1633         (e) One citizen actively engaged in the commercial building
 1634  industry.
 1635         (f) One citizen who is a former local government elected
 1636  official.
 1637         (g) Two citizens of the state who are not principally
 1638  employed as members or representatives of any of the groups
 1639  specified in paragraphs (a)-(f).
 1640         Section 41. Subsection (1) of section 420.506, Florida
 1641  Statutes, is amended to read:
 1642         420.506 Executive director; agents and employees; inspector
 1643  general.—
 1644         (1) The appointment and removal of an executive director
 1645  shall be by the Secretary executive director of the Department
 1646  of Economic Opportunity, with the advice and consent of the
 1647  corporation’s board of directors. The executive director shall
 1648  employ legal and technical experts and such other agents and
 1649  employees, permanent and temporary, as the corporation may
 1650  require, and shall communicate with and provide information to
 1651  the Legislature with respect to the corporation’s activities.
 1652  Notwithstanding s. 216.262, the board may develop and implement
 1653  rules regarding the employment of employees of the corporation
 1654  and service providers, including legal counsel. The board is
 1655  entitled to establish travel procedures and guidelines for
 1656  employees of the corporation, subject to s. 112.061(6) and (7).
 1657  The executive director’s office and the corporation’s files and
 1658  records must be located in Leon County.
 1659         Section 42. Subsection (30) of section 420.507, Florida
 1660  Statutes, is amended to read:
 1661         420.507 Powers of the corporation.—The corporation shall
 1662  have all the powers necessary or convenient to carry out and
 1663  effectuate the purposes and provisions of this part, including
 1664  the following powers which are in addition to all other powers
 1665  granted by other provisions of this part:
 1666         (30) To prepare and submit to the Secretary executive
 1667  director of Economic Opportunity the department a budget request
 1668  for purposes of the corporation, which request shall,
 1669  notwithstanding the provisions of chapter 216 and in accordance
 1670  with s. 216.351, contain a request for operational expenditures
 1671  and separate requests for other authorized corporation programs.
 1672  The request need not contain information on the number of
 1673  employees, salaries, or any classification thereof, and the
 1674  approved operating budget therefor need not comply with s.
 1675  216.181(8)-(10). The secretary executive director may include
 1676  within the department’s budget request the corporation’s budget
 1677  request in the form as authorized by this section.
 1678         Section 43. Subsection (2) of section 420.511, Florida
 1679  Statutes, is amended to read:
 1680         420.511 Strategic business plan; long-range program plan;
 1681  annual report; audited financial statements.—
 1682         (2) The corporation, in coordination with the department,
 1683  shall annually develop a long-range program plan for the
 1684  provision of affordable housing in this state as required
 1685  pursuant to chapter 186. In part, the plan must include
 1686  provisions that maximize the abilities of the corporation to
 1687  implement the state housing strategy established under s.
 1688  420.0003, to respond to federal housing initiatives, and to
 1689  develop programs in a manner that is more responsive to the
 1690  needs of public and private partners. The plan shall be
 1691  developed on a schedule consistent with that established by s.
 1692  186.021. For purposes of this section, the Secretary of Economic
 1693  Opportunity executive director or his or her designee shall
 1694  serve as the corporation’s representative to achieve a
 1695  coordinated and integrated planning relationship with the
 1696  department.
 1697         Section 44. Subsection (7) of section 420.602, Florida
 1698  Statutes, is amended to read:
 1699         420.602 Definitions.—As used in this part, the following
 1700  terms shall have the following meanings, unless the context
 1701  otherwise requires:
 1702         (7) “Director” means the executive director of the
 1703  Department of Economic Opportunity.
 1704         Section 45. Subsection (5) of section 420.609, Florida
 1705  Statutes, is amended to read:
 1706         420.609 Affordable Housing Study Commission.—Because the
 1707  Legislature firmly supports affordable housing in Florida for
 1708  all economic classes:
 1709         (5) The commission shall review, evaluate, and make
 1710  recommendations regarding existing and proposed housing programs
 1711  and initiatives. The commission shall provide these and any
 1712  other housing recommendations to the Secretary director of
 1713  Economic Opportunity the department and the executive director
 1714  of the corporation.
 1715         Section 46. Subsection (2) of section 420.622, Florida
 1716  Statutes, is amended to read:
 1717         420.622 State Office on Homelessness; Council on
 1718  Homelessness.—
 1719         (2) The Council on Homelessness is created to consist of 19
 1720  representatives of public and private agencies who shall develop
 1721  policy and advise the State Office on Homelessness. The council
 1722  members shall be: the Secretary of Children and Families, or his
 1723  or her designee; the Secretary executive director of the
 1724  Department of Economic Opportunity, or his or her designee, who
 1725  shall advise the council on issues related to rural development;
 1726  the State Surgeon General, or his or her designee; the Executive
 1727  Director of Veterans’ Affairs, or his or her designee; the
 1728  Secretary of Corrections, or his or her designee; the Secretary
 1729  of Health Care Administration, or his or her designee; the
 1730  Commissioner of Education, or his or her designee; the Executive
 1731  Director of CareerSource Florida, Inc., or his or her designee;
 1732  one representative of the Florida Association of Counties; one
 1733  representative of the Florida League of Cities; one
 1734  representative of the Florida Supportive Housing Coalition; one
 1735  representative of the Florida Housing Coalition; the Executive
 1736  Director of the Florida Housing Finance Corporation, or his or
 1737  her designee; one representative of the Florida Coalition for
 1738  the Homeless; the secretary of the Department of Elder Affairs,
 1739  or his or her designee; and four members appointed by the
 1740  Governor. The council members shall be nonpaid volunteers and
 1741  shall be reimbursed only for travel expenses. The appointed
 1742  members of the council shall be appointed to staggered 2-year
 1743  terms and are encouraged to have experience in the
 1744  administration or provision of resources, services, or housing
 1745  that addresses the needs of persons experiencing homelessness.
 1746  The council shall meet at least four times per year. The
 1747  importance of minority, gender, and geographic representation
 1748  shall be considered in appointing members to the council.
 1749         Section 47. Paragraph (g) of subsection (1) of section
 1750  427.012, Florida Statutes, is amended to read:
 1751         427.012 The Commission for the Transportation
 1752  Disadvantaged.—There is created the Commission for the
 1753  Transportation Disadvantaged in the Department of
 1754  Transportation.
 1755         (1) The commission shall consist of seven members, all of
 1756  whom shall be appointed by the Governor, in accordance with the
 1757  requirements of s. 20.052.
 1758         (g) The Secretary of Transportation, the Secretary of
 1759  Children and Families, the Secretary executive director of the
 1760  Department of Economic Opportunity, the executive director of
 1761  the Department of Veterans’ Affairs, the Secretary of Elderly
 1762  Affairs, the Secretary of Health Care Administration, the
 1763  director of the Agency for Persons with Disabilities, and a
 1764  county manager or administrator who is appointed by the
 1765  Governor, or a senior management level representative of each,
 1766  shall serve as ex officio, nonvoting advisors to the commission.
 1767         Section 48. Subsections (2), (3), and (4) of section
 1768  443.1116, Florida Statutes, are amended to read:
 1769         443.1116 Short-time compensation.—
 1771  wishing to participate in the short-time compensation program
 1772  must submit a signed, written, short-time plan to the Department
 1773  of Economic Opportunity for approval. The Secretary of Economic
 1774  Opportunity director or his or her designee shall approve the
 1775  plan if:
 1776         (a) The plan applies to and identifies each specific
 1777  affected unit;
 1778         (b) The individuals in the affected unit are identified by
 1779  name and social security number;
 1780         (c) The normal weekly hours of work for individuals in the
 1781  affected unit are reduced by at least 10 percent and by not more
 1782  than 40 percent;
 1783         (d) The plan includes a certified statement by the employer
 1784  that the aggregate reduction in work hours is in lieu of layoffs
 1785  that would affect at least 10 percent of the employees in the
 1786  affected unit and that would have resulted in an equivalent
 1787  reduction in work hours;
 1788         (e) The plan applies to at least 10 percent of the
 1789  employees in the affected unit;
 1790         (f) The plan is approved in writing by the collective
 1791  bargaining agent for each collective bargaining agreement
 1792  covering any individual in the affected unit;
 1793         (g) The plan does not serve as a subsidy to seasonal
 1794  employers during the off-season or as a subsidy to employers who
 1795  traditionally use part-time employees;
 1796         (h) The plan certifies that, if the employer provides
 1797  fringe benefits to any employee whose workweek is reduced under
 1798  the program, the fringe benefits will continue to be provided to
 1799  the employee participating in the short-time compensation
 1800  program under the same terms and conditions as though the
 1801  workweek of such employee had not been reduced or to the same
 1802  extent as other employees not participating in the short-time
 1803  compensation program. As used in this paragraph, the term
 1804  “fringe benefits” includes, but is not limited to, health
 1805  insurance, retirement benefits under defined benefit pension
 1806  plans as defined in subsection 35 of s. 1002 of the Employee
 1807  Retirement Income Security Act of 1974, 29 U.S.C., contributions
 1808  under a defined contribution plan as defined in s. 414(i) of the
 1809  Internal Revenue Code, paid vacation and holidays, and sick
 1810  leave;
 1811         (i) The plan describes the manner in which the requirements
 1812  of this subsection will be implemented, including a plan for
 1813  giving notice, if feasible, to an employee whose workweek is to
 1814  be reduced, together with an estimate of the number of layoffs
 1815  that would have occurred absent the ability to participate in
 1816  short-time compensation; and
 1817         (j) The terms of the employer’s written plan and
 1818  implementation are consistent with employer obligations under
 1819  applicable federal laws and laws of this state.
 1820         (3) APPROVAL OR DISAPPROVAL OF THE PLAN.—The Secretary of
 1821  Economic Opportunity director or his or her designee shall
 1822  approve or disapprove a short-time compensation plan in writing
 1823  within 15 days after its receipt. If the plan is denied, the
 1824  secretary director or his or her designee shall notify the
 1825  employer of the reasons for disapproval.
 1827  BENEFIT PERIOD.—A plan takes effect on the date of its approval
 1828  by the Secretary of Economic Opportunity director or his or her
 1829  designee and expires at the end of the 12th full calendar month
 1830  after its effective date.
 1831         Section 49. Paragraph (d) of subsection (2) of section
 1832  446.53, Florida Statutes, is amended to read:
 1833         446.53 Concrete masonry education.—
 1834         (2)
 1835         (d) In addition to the 13 voting members described in
 1836  paragraph (a), the Secretary executive director of the
 1837  Department of Economic Opportunity, or his or her designee,
 1838  shall serve ex officio as a nonvoting member of the board of
 1839  directors of the council.
 1840         Section 50. Section 450.261, Florida Statutes, is amended
 1841  to read:
 1842         450.261 Interstate Migrant Labor Commission; Florida
 1843  membership.—In selecting the Florida membership of the
 1844  Interstate Migrant Labor Commission, the Governor may designate
 1845  the Secretary executive director of the Department of Economic
 1846  Opportunity as his or her representative.
 1847         Section 51. Paragraph (d) of subsection (1), paragraph (a)
 1848  of subsection (4), and paragraphs (b), (c), and (d) of
 1849  subsection (5) of section 624.5105, Florida Statutes, are
 1850  amended to read:
 1851         624.5105 Community contribution tax credit; authorization;
 1852  limitations; eligibility and application requirements;
 1853  administration; definitions; expiration.—
 1855         (d) Each proposal for the granting of such tax credit
 1856  requires the prior approval of the Secretary of Economic
 1857  Opportunity director.
 1858         (4) ADMINISTRATION.—
 1859         (a)1. The Department of Economic Opportunity may adopt
 1860  rules to administer this section, including rules for the
 1861  approval or disapproval of proposals by insurers.
 1862         2. The decision of the Secretary of Economic Opportunity
 1863  director shall be in writing, and, if approved, the proposal
 1864  shall state the maximum credit allowable to the insurer. A copy
 1865  of the decision shall be transmitted to the executive director
 1866  of the Department of Revenue, who shall apply such credit to the
 1867  tax liability of the insurer.
 1868         3. The Department of Economic Opportunity shall monitor all
 1869  projects periodically, in a manner consistent with available
 1870  resources to ensure that resources are utilized in accordance
 1871  with this section; however, each project shall be reviewed no
 1872  less frequently than once every 2 years.
 1873         4. The Department of Economic Opportunity shall, in
 1874  consultation with the Florida Housing Finance Corporation and
 1875  the statewide and regional housing and financial intermediaries,
 1876  market the availability of the community contribution tax credit
 1877  program to community-based organizations.
 1878         (5) DEFINITIONS.—As used in this section, the term:
 1879         (b) “Director” means the director of the Department of
 1880  Economic Opportunity.
 1881         (b)(c) “Local government” means any county or incorporated
 1882  municipality in the state.
 1883         (c)(d) “Project” means an activity as defined in s.
 1884  220.03(1)(t).
 1885         Section 52. Paragraph (f) of subsection (2) of section
 1886  1004.015, Florida Statutes, is amended to read:
 1887         1004.015 Florida Talent Development Council.—
 1888         (2) Members of the council shall include:
 1889         (f) The Secretary executive director of the Department of
 1890  Economic Opportunity.
 1891         Section 53. This act shall take effect upon becoming a law.