Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1664
Ì424206|Î424206
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Commerce and Tourism (Hooper) recommended the
following:
1 Senate Amendment (with title amendment)
2
3
4 Delete lines 172 - 687
5 and insert:
6 comparable communities. Eligible uses of funds include, and
7 improving access to and the availability of broadband Internet
8 service; however, the funds may not be used to serve any retail
9 end user that already has access to broadband Internet service.
10 Eligible uses of funds also shall include improvements to public
11 infrastructure for industrial or commercial sites, upgrades to
12 or development of public tourism infrastructure, and
13 improvements to broadband Internet service and access in
14 unserved or underserved rural communities; however, the funds
15 may not be used to serve any retail end user that already has
16 access to broadband Internet service. Improvements to broadband
17 Internet service and access must be conducted through a
18 partnership or partnerships with one or more dealers, as defined
19 in s. 202.11(2), and the partnership or partnerships must be
20 established through a competitive selection process that is
21 publicly noticed. Authorized infrastructure may include the
22 following public or public-private partnership facilities: storm
23 water systems; telecommunications facilities; broadband
24 facilities; roads or other remedies to transportation
25 impediments; nature-based tourism facilities; or other physical
26 requirements necessary to facilitate tourism, trade, and
27 economic development activities in the community. Authorized
28 infrastructure may also include publicly or privately owned
29 self-powered nature-based tourism facilities, publicly owned
30 telecommunications facilities, and broadband facilities, and
31 additions to the distribution facilities of the existing natural
32 gas utility as defined in s. 366.04(3)(c), the existing electric
33 utility as defined in s. 366.02, or the existing water or
34 wastewater utility as defined in s. 367.021(12), or any other
35 existing water or wastewater facility, which owns a gas or
36 electric distribution system or a water or wastewater system in
37 this state where:
38 1. A contribution-in-aid of construction is required to
39 serve public or public-private partnership facilities under the
40 tariffs of any natural gas, electric, water, or wastewater
41 utility as defined herein; and
42 2. Such utilities as defined herein are willing and able to
43 provide such service.
44 (c) To facilitate timely response and induce the location
45 or expansion of specific job creating opportunities, The
46 department may award grants of up to $300,000 for infrastructure
47 feasibility studies, design and engineering activities, or other
48 infrastructure planning and preparation activities. Authorized
49 grants shall be up to $50,000 for an employment project with a
50 business committed to create at least 100 jobs; up to $150,000
51 for an employment project with a business committed to create at
52 least 300 jobs; and up to $300,000 for a project in a rural area
53 of opportunity. Grants awarded under this paragraph may be used
54 in conjunction with grants awarded under paragraph (b), provided
55 that the total amount of both grants does not exceed 30 percent
56 of the total project cost. In evaluating applications under this
57 paragraph, the department shall consider the extent to which the
58 application seeks to minimize administrative and consultant
59 expenses.
60 (e) To enable local governments to access the resources
61 available pursuant to s. 403.973(18), the department may award
62 grants for surveys, feasibility studies, and other activities
63 related to the identification and preclearance review of land
64 which is suitable for preclearance review. Authorized grants
65 under this paragraph do not require a local match and may not
66 exceed $75,000 each, except in the case of a project in a rural
67 area of opportunity, in which case the grant may not exceed
68 $300,000. Any funds awarded under this paragraph must be matched
69 at a level of 50 percent with local funds, except that any funds
70 awarded for a project in a rural area of opportunity must be
71 matched at a level of 33 percent with local funds. If an
72 application for funding is for a catalyst site, as defined in s.
73 288.0656, the requirement for local match may be waived pursuant
74 to the process in s. 288.06561. In evaluating applications under
75 this paragraph, the department shall consider the extent to
76 which the application seeks to minimize administrative and
77 consultant expenses.
78 (3) The department, in consultation with Enterprise
79 Florida, Inc., the Florida Tourism Industry Marketing
80 Corporation, the Department of Environmental Protection, and the
81 Florida Fish and Wildlife Conservation Commission, as
82 appropriate, shall review and certify applications pursuant to
83 s. 288.061. The review shall include an evaluation of the
84 economic benefit of the projects and their long-term viability.
85 The department shall have final approval for any grant under
86 this section.
87 Section 7. Paragraph (a) of subsection (1) of section
88 288.075, Florida Statutes, is amended to read:
89 288.075 Confidentiality of records.—
90 (1) DEFINITIONS.—As used in this section, the term:
91 (a) “Economic development agency” means:
92 1. The Department of Economic Opportunity;
93 2. Any industrial development authority created in
94 accordance with part III of chapter 159 or by special law;
95 3. Space Florida created in part II of chapter 331;
96 4. The public economic development agency of a county or
97 municipality or, if the county or municipality does not have a
98 public economic development agency, the county or municipal
99 officers or employees assigned the duty to promote the general
100 business interests or industrial interests of that county or
101 municipality or the responsibilities related thereto;
102 5. Any research and development authority created in
103 accordance with part V of chapter 159; or
104 6. Any private agency, person, partnership, corporation, or
105 business entity when authorized by the state, a municipality, or
106 a county to promote the general business interests or industrial
107 interests of the state or that municipality or county.
108 Section 8. Subsection (1) of section 288.8017, Florida
109 Statutes, is amended to read:
110 288.8017 Awards.—
111 (1) Triumph Gulf Coast, Inc., shall make awards from
112 available funds to projects or programs that meet the priorities
113 for economic recovery, diversification, and enhancement of the
114 disproportionately affected counties. Awards may be provided for
115 any of the following:
116 (a) Ad valorem tax rate reduction within disproportionately
117 affected counties.;
118 (b) Local match requirements of s. 288.0655 for projects in
119 the disproportionately affected counties.;
120 (c) Public infrastructure projects for construction,
121 expansion, or maintenance which are shown to enhance economic
122 recovery, diversification, and enhancement of the
123 disproportionately affected counties. For the purposes of this
124 paragraph, the term “public infrastructure projects” includes
125 projects for workforce housing.;
126 (d) Grants to local governments in the disproportionately
127 affected counties to establish and maintain equipment and
128 trained personnel for local action plans of response to respond
129 to disasters, such as plans created for the Coastal Impacts
130 Assistance Program.;
131 (e) Grants to support programs that prepare students for
132 future occupations and careers at K-20 institutions that have
133 campuses in the disproportionately affected counties. Eligible
134 programs include those that increase students’ technology skills
135 and knowledge; encourage industry certifications; provide
136 rigorous, alternative pathways for students to meet high school
137 graduation requirements; strengthen career readiness
138 initiatives; fund high-demand programs of emphasis at the
139 bachelor’s and master’s level designated by the Board of
140 Governors; and, similar to or the same as talent retention
141 programs created by the Chancellor of the State University
142 System and the Commission of Education, encourage students with
143 interest or aptitude for science, technology, engineering,
144 mathematics, and medical disciplines to pursue postsecondary
145 education at a state university or a Florida College System
146 institution within the disproportionately affected counties.;
147 (f) Grants to support programs that provide participants in
148 the disproportionately affected counties with transferable,
149 sustainable workforce skills that are not confined to a single
150 employer.; and
151 (g) Grants to the tourism entity created under s. 288.1226
152 for the purpose of advertising and promoting tourism and Fresh
153 From Florida, and grants to promote workforce and
154 infrastructure, on behalf of all of the disproportionately
155 affected counties.
156 Section 9. Subsection (5) of section 288.9604, Florida
157 Statutes, is amended to read:
158 288.9604 Creation of the corporation.—
159 (5) This section is repealed July 1, 2023, and July 1 of
160 every fourth year thereafter, unless reviewed and saved from
161 repeal by the Legislature.
162 Section 10. Paragraph (b) of subsection (2) of section
163 288.980, Florida Statutes, is amended to read:
164 288.980 Military base retention; legislative intent; grants
165 program.—
166 (2)
167 (b)1. The department shall annually request military
168 installations in the state to provide the department with a list
169 of base buffering encroachment lands for fee simple or less
170 than-fee simple acquisitions before October 1.
171 2. The department shall submit the list of base buffering
172 encroachment lands to the Florida Defense Support Council Task
173 Force created in s. 288.987.
174 3. The Florida Defense Support Council Task Force shall,
175 annually by December 1, review the list of base buffering
176 encroachment lands submitted by the military installations and
177 provide its recommendations for ranking the lands for
178 acquisition to the department.
179 4. The department shall annually submit the list of base
180 buffering encroachment lands provided by the Florida Defense
181 Support Council Task Force to the Board of Trustees of the
182 Internal Improvement Trust Fund, which may acquire the lands
183 pursuant to s. 253.025. At a minimum, the annual list must
184 contain for each recommended land acquisition:
185 a. A legal description of the land and its property
186 identification number;
187 b. A detailed map of the land; and
188 c. A management and monitoring agreement to ensure the land
189 serves a base buffering purpose.
190 Section 11. Subsection (1) and paragraph (a) of subsection
191 (2) of section 288.985, Florida Statutes, are amended to read:
192 288.985 Exemptions from public records and public meetings
193 requirements.—
194 (1) The following records held by the Florida Defense
195 Support Council Task Force are exempt from s. 119.07(1) and s.
196 24(a), Art. I of the State Constitution:
197 (a) That portion of a record which relates to strengths and
198 weaknesses of military installations or military missions in
199 this state relative to the selection criteria for the
200 realignment and closure of military bases and missions under any
201 United States Department of Defense base realignment and closure
202 process.
203 (b) That portion of a record which relates to strengths and
204 weaknesses of military installations or military missions in
205 other states or territories and the vulnerability of such
206 installations or missions to base realignment or closure under
207 the United States Department of Defense base realignment and
208 closure process, and any agreements or proposals to relocate or
209 realign military units and missions from other states or
210 territories.
211 (c) That portion of a record which relates to the state’s
212 strategy to retain its military bases during any United States
213 Department of Defense base realignment and closure process and
214 any agreements or proposals to relocate or realign military
215 units and missions.
216 (2)(a) Meetings or portions of meetings of the Florida
217 Defense Support Council Task Force, or a workgroup of the
218 council task force, at which records are presented or discussed
219 that are exempt under subsection (1) are exempt from s. 286.011
220 and s. 24(b), Art. I of the State Constitution.
221 Section 12. Section 288.987, Florida Statutes, is amended
222 to read:
223 288.987 Florida Defense Support Council Task Force.—
224 (1) The Florida Defense Support Council Task Force is
225 created.
226 (2) The mission of the council task force is to make
227 recommendations to preserve and protect military installations
228 to support the state’s position in research and development
229 related to or arising out of military missions and contracting,
230 and to improve the state’s military-friendly environment for
231 servicemembers, military dependents, military retirees, and
232 businesses that bring military and base-related jobs to the
233 state.
234 (3) The council task force shall be comprised of the
235 Governor or his or her designee, and 12 members appointed as
236 follows:
237 (a) Four members appointed by the Governor.
238 (b) Four members appointed by the President of the Senate.
239 (c) Four members appointed by the Speaker of the House of
240 Representatives.
241 (d) Appointed members must represent defense-related
242 industries or communities that host military bases and
243 installations. All appointments must be made by August 1, 2011.
244 Members shall serve for a term of 4 years, with the first term
245 ending July 1, 2015. However, if members of the Legislature are
246 appointed to the council task force, those members shall serve
247 until the expiration of their legislative term and may be
248 reappointed once. A vacancy shall be filled for the remainder of
249 the unexpired term in the same manner as the initial
250 appointment. All members of the council are eligible for
251 reappointment. A member who serves in the Legislature may
252 participate in all council task force activities but may only
253 vote on matters that are advisory.
254 (4) The President of the Senate and the Speaker of the
255 House of Representatives shall each designate one of their
256 appointees to serve as chair of the council task force. The
257 chair shall rotate each July 1. The appointee designated by the
258 President of the Senate shall serve as initial chair. If the
259 Governor, instead of his or her designee, participates in the
260 activities of the council task force, then the Governor shall
261 serve as chair.
262 (5) The Secretary of Economic Opportunity, or his or her
263 designee, shall serve as the ex officio, nonvoting executive
264 director of the council task force.
265 (6) The council task force shall submit an annual progress
266 report and work plan to the Governor, the President of the
267 Senate, and the Speaker of the House of Representatives each
268 February 1.
269 (7) The department shall contract with the council task
270 force for expenditure of appropriated funds, which may be used
271 by the council task force for economic and product research and
272 development, joint planning with host communities to accommodate
273 military missions and prevent base encroachment, advocacy on the
274 state’s behalf with federal civilian and military officials,
275 assistance to school districts in providing a smooth transition
276 for large numbers of additional military-related students, job
277 training and placement for military spouses in communities with
278 high proportions of active duty military personnel, and
279 promotion of the state to military and related contractors and
280 employers. The council task force may annually spend up to
281 $250,000 of funds appropriated to the department for the council
282 task force for staffing and administrative expenses of the
283 council task force, including travel and per diem costs incurred
284 by council task force members who are not otherwise eligible for
285 state reimbursement.
286 Section 13. Section 446.71, Florida Statutes, is amended to
287 read:
288 446.71 Everglades Restoration Agricultural Community
289 Employment Training Program.—
290 (1) The Department of Economic Opportunity, in cooperation
291 with the state board as defined in s. 445.002, shall establish
292 the Everglades Restoration Agricultural Community Employment
293 Training Program within the Department of Economic Opportunity.
294 The Department of Economic Opportunity shall use funds
295 appropriated to the program by the Legislature to provide grants
296 to stimulate and support training and employment programs that
297 seek to match persons who complete such training programs to
298 nonagricultural employment opportunities in areas of high
299 agricultural unemployment, and to provide other training,
300 educational, and information services necessary to stimulate the
301 creation of jobs in the areas of high agricultural unemployment.
302 In determining whether to provide funds to a particular program,
303 the Department of Economic Opportunity shall consider the
304 location of the program in proximity to the program’s intended
305 participants.
306 (2) The Legislature supports projects that improve the
307 economy in the Everglades Agricultural Area. In recognition of
308 the employment opportunities and economic development generated
309 by new and expanding industries in the area, such as the
310 Airglades Airport in Hendry County and the development of an
311 inland port in Palm Beach County, the Legislature finds that
312 training the citizens of the state to fill the needs of these
313 industries significantly enhances the economic viability of the
314 region.
315 (2) As used in this section, the term:
316 (a) “Department” means the Department of Economic
317 Opportunity.
318 (b) “Employer-based training program” means a program
319 established by, or to be established by, a business in this
320 state that provides training for in-demand nonagricultural
321 occupations for its employees.
322 (c) “Everglades Agricultural Area” has the same meaning as
323 in s. 373.4592(15).
324 (d) “Institution-based training program” means a
325 certificate program or other program of study provided by a
326 public or private university, college, or technical or
327 vocational training institution which provides training for in
328 demand nonagricultural occupations.
329 (e) “Program” means the Everglades Restoration Agricultural
330 Community Employment Training Program.
331 (3) The department, in cooperation with the state board as
332 defined in s. 445.002, shall establish the Everglades
333 Restoration Agricultural Community Employment Training Program.
334 The department shall use funds appropriated to the program by
335 the Legislature to provide grants to stimulate and support
336 employer-based training programs and institution-based training
337 programs that seek to match persons who complete such training
338 programs to nonagricultural employment opportunities in the
339 Everglades Agricultural Area and any rural area of opportunity
340 as defined in s. 288.0656(2), which includes DeSoto, Glades,
341 Hardee, Hendry, Highlands, and Okeechobee Counties and the
342 cities of Belle Glade, Immokalee, Pahokee, and South Bay. The
343 department shall use program funds to provide training,
344 educational, and information services necessary to stimulate the
345 creation of jobs in the Everglades Agricultural Area and in any
346 rural area of opportunity as defined in s. 288.0656(2), which
347 includes DeSoto, Glades, Hardee, Hendry, Highlands, and
348 Okeechobee Counties and the cities of Belle Glade, Immokalee,
349 Pahokee, and South Bay. In determining whether to provide funds
350 to a particular employer-based training program or institution
351 based training program, the department must consider the
352 location of such training program in proximity to the program’s
353 intended participants.
354 (4) Program funds may be used to provide for grants for
355 tuition for institution-based training public or private
356 technical or vocational programs. Program funds may also be used
357 for and matching grants to employers to conduct employer-based
358 training programs. Funds may be used, or for the purchase of
359 equipment necessary to be used for training purposes, the hiring
360 of instructors, or any other purpose directly associated with
361 the employer-based training programs or institution-based
362 training programs. For the first 6 months of each fiscal year,
363 the department shall set aside up to 50 percent of the funds
364 appropriated to the program by the Legislature to fund employer
365 based training programs. At the end of the 6-month period, any
366 unused funds from the set-aside funds may be used to provide
367 funding for institution-based training programs program.
368 (5)(4) The department of Economic Opportunity may not award
369 a grant to any employer-based given training program if the
370 grant which exceeds 50 percent of the total cost of the program.
371 If, unless the employer-based training program is located within
372 a rural area of opportunity, the department may award a grant of
373 in which case the grant may exceed 50 percent of the total cost
374 of the program and up to 100 percent of program costs. Employer
375 matching contributions may include in-kind services, including,
376 but not limited to, the provision of training instructors,
377 equipment, and training facilities. The department must
378 prioritize grants to employer-based training programs that are
379 located in the Everglades Agricultural Area or in any rural area
380 of opportunity as defined in s. 288.0656(2), which includes
381 DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee
382 Counties and the cities of Belle Glade, Immokalee, Pahokee, and
383 South Bay.
384 (6)(5) Before awarding a grant pursuant to granting a
385 request for funds made in accordance with this section, the
386 department of Economic Opportunity shall enter into a grant
387 agreement with the employer or requester of funds and the
388 institution receiving funding through the program. Such
389 agreement must include all of the following information:
390 (a) An identification of the personnel necessary to conduct
391 the instructional program, the qualifications of such personnel,
392 and the respective responsibilities of the parties for paying
393 costs associated with the employment of such personnel.
394 (b) An identification of the estimated length of the
395 instructional program.
396 (c) An identification of all direct, training-related
397 costs, including tuition and fees, curriculum development, books
398 and classroom materials, and overhead or indirect costs.
399 (d) An identification of special program requirements that
400 are not otherwise addressed in the agreement.
401 (7)(6) The department of Economic Opportunity may grant up
402 to 100 percent of the tuition for an institution-based a
403 training program participant who currently resides, and has
404 resided for the preceding 12 months at least 3 of the 5
405 immediately preceding years, within the Everglades Agricultural
406 Area or in any rural area of opportunity as defined in s.
407 288.0656(2), which includes DeSoto, Glades, Hardee, Hendry,
408 Highlands, and Okeechobee Counties and the cities of Belle
409 Glade, Immokalee, Pahokee, and South Bay, as described in s.
410 373.4592 and in counties that provides provide for water storage
411 and dispersed water storage that are located in rural areas of
412 opportunity as described in s. 288.0656.
413 (8)(7) Employer-based training programs established in the
414 Everglades Agricultural Area or in any rural area of opportunity
415 as defined in s. 288.0656(2), which includes DeSoto, Glades,
416 Hardee, Hendry, Highlands, and Okeechobee Counties and the
417 cities of Belle Glade, Immokalee, Pahokee, and South Bay, must
418 include opportunities to obtain the qualifications and skills
419 necessary for jobs related to federal and state restoration
420 projects, the Airglades Airport in Hendry County, an inland port
421 in Palm Beach County, or other industries with a verifiable,
422 demonstrated interest in operating within the Everglades
423 Agricultural Area or in any rural area of opportunity as defined
424 in s. 288.0656(2), which includes DeSoto, Glades, Hardee,
425 Hendry, Highlands, and Okeechobee Counties and the cities of
426 Belle Glade, Immokalee, Pahokee, and South Bay, and in counties
427 that provides provide for water storage and dispersed water
428 storage that are located in rural areas of opportunity as
429 described in s. 288.0656.
430 (9)(8) The department may of Economic Opportunity shall
431 adopt rules to implement this section.
432 Section 14. Subsections (2) and (3) of section 695.03,
433 Florida Statutes, are amended to read:
434 695.03 Acknowledgment and proof; validation of certain
435 acknowledgments; legalization or authentication before foreign
436 officials.—To entitle any instrument concerning real property to
437 be recorded, the execution must be acknowledged by the party
438 executing it, proved by a subscribing witness to it, or
439 legalized or authenticated in one of the following forms:
440 (2) OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES.—An
441 acknowledgment or a proof taken, administered, or made outside
442 of this state but within the United States may be taken,
443 administered, or made by or before a civil-law notary of this
444 state or a commissioner of deeds appointed by the Secretary of
445 the Department of Economic Opportunity Governor of this state; a
446 judge or clerk of any court of the United States or of any
447 state, territory, or district; by or before a United States
448 commissioner or magistrate; or by or before any notary public,
449 justice of the peace, master in chancery, or registrar or
450 recorder of deeds of any state, territory, or district having a
451 seal, and the certificate of acknowledgment or proof must be
452 under the seal of the court or officer, as the case may be. If
453 the acknowledgment or proof is taken, administered, or made by
454 or before a notary public who does not affix a seal, it is
455 sufficient for the notary public to type, print, or write by
456 hand on the instrument, “I am a Notary Public of the State of
457 ...(state)..., and my commission expires on ...(date)....”
458 (3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN
459 COUNTRIES.—An acknowledgment, an affidavit, an oath, a
460 legalization, an authentication, or a proof taken, administered,
461 or made outside the United States or in a foreign country may be
462 taken, administered, or made by or before a commissioner of
463 deeds appointed by the Secretary of the Department Economic
464 Opportunity Governor of this state to act in such country;
465 before a notary public of such foreign country or a civil-law
466 notary of this state or of such foreign country who has an
467 official seal; before an ambassador, envoy extraordinary,
468 minister plenipotentiary, minister, commissioner, charge
469 d’affaires, consul general, consul, vice consul, consular agent,
470 or other diplomatic or consular officer of the United States
471 appointed to reside in such country; or before a military or
472 naval officer authorized by 10 U.S.C. s. 1044a to perform the
473 duties of notary public, and the certificate of acknowledgment,
474 legalization, authentication, or proof must be under the seal of
475 the officer. A certificate legalizing or authenticating the
476 signature of a person executing an instrument concerning real
477 property and to which a civil-law notary or notary public of
478 that country has affixed her or his official seal is sufficient
479 as an acknowledgment. For the purposes of this section, the term
480 “civil-law notary” means a civil-law notary as defined in
481 chapter 118 or an official of a foreign country who has an
482 official seal and who is authorized to make legal or lawful the
483 execution of any document in that jurisdiction, in which
484 jurisdiction the affixing of her or his official seal is deemed
485 proof of the execution of the document or deed in full
486 compliance with the laws of that jurisdiction.
487 Section 15. For the purpose of incorporating the amendment
488 made by this act to section 288.075, Florida Statutes, in a
489 reference thereto, paragraph (b) of subsection (2) of section
490 288.106, Florida Statutes, is reenacted to read:
491 288.106 Tax refund program for qualified target industry
492 businesses.—
493 (2) DEFINITIONS.—As used in this section:
494 (b) “Authorized local economic development agency” means a
495 public or private entity, including an entity defined in s.
496 288.075, authorized by a county or municipality to promote the
497 general business or industrial interests of that county or
498 municipality.
499
500 ================= T I T L E A M E N D M E N T ================
501 And the title is amended as follows:
502 Delete lines 22 - 40
503 and insert:
504 288.8017, F.S.; specifying that the term “public
505 infrastructure projects” includes projects for
506 workforce housing; conforming provisions to changes
507 made by the act; amending s. 288.9604, F.S.; deleting
508 the future repeal of provisions governing the Florida
509 Development Finance Corporation; amending ss. 288.980
510 and 288.985, F.S.; conforming provisions to changes
511 made by the act; amending s. 288.987, F.S.; renaming
512 the Florida Defense Support Task Force as the Florida
513 Defense Support Council; amending s. 446.71, F.S.;
514 revising requirements relating to the Everglades
515 Restoration Agricultural Community Employment Training
516 Program; defining terms; authorizing, rather than
517 requiring, the department to adopt rules; amending s.
518 695.03, F.S.; requiring the Secretary of the
519 Department of Economic Opportunity, rather than the
520 Governor, to appoint certain commissioners of deeds;
521 reenacting s. 288.106(2)(b), F.S., relating to the tax
522 refund