Florida Senate - 2023 SB 1664
By Senator Hooper
21-01750B-23 20231664__
1 A bill to be entitled
2 An act relating to economic development; amending s.
3 20.60, F.S.; requiring the Secretary of Economic
4 Opportunity to appoint deputy secretaries and
5 directors for specified divisions of the Department of
6 Economic Opportunity; amending s. 163.3175, F.S.;
7 revising the list of local governments affected by
8 Naval Support Activity Orlando; conforming a provision
9 to changes made by the act; amending s. 201.25, F.S.;
10 exempting loans made with funds administered by the
11 Department of Economic Opportunity from certain taxes;
12 amending s. 288.018, F.S.; revising requirements
13 relating to the Florida Rural Development Grants
14 Program; amending s. 288.065, F.S.; removing a
15 requirement that certain repayments under the Rural
16 Community Development Revolving Loan Fund be matched;
17 amending s. 288.0655, F.S.; revising grant
18 requirements and authorizations relating to the Rural
19 Infrastructure Fund; revising limits on grant awards;
20 amending s. 288.075, F.S.; revising the definition of
21 the term “economic development agency”; amending s.
22 288.8017, F.S.; conforming provisions to changes made
23 by the act; amending s. 288.9604, F.S.; deleting a
24 future repeal of the Florida Development Finance
25 Corporation; amending ss. 288.980 and 288.985, F.S.;
26 conforming provisions to changes made by the act;
27 amending s. 288.987, F.S.; renaming the Florida
28 Defense Support Task Force as the Florida Defense
29 Support Council; amending s. 331.3081, F.S.; revising
30 the composition of Space Florida’s board of directors;
31 providing requirements for appointments to and
32 vacancies on the board; amending s. 446.71, F.S.;
33 revising requirements relating to the Everglades
34 Restoration Agricultural Community Employment Training
35 Program; defining terms; authorizing, rather than
36 requiring, the department to adopt rules; amending s.
37 695.03, F.S.; requiring the Secretary of Economic
38 Opportunity, rather than the Governor, to appoint
39 certain commissioners of deeds; reenacting s.
40 288.106(2)(c), F.S., relating to the tax refund
41 program for qualified target industry businesses, to
42 incorporate the amendment made to s. 288.075, F.S., in
43 a reference thereto; providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Paragraph (b) of subsection (3) of section
48 20.60, Florida Statutes, is amended to read:
49 20.60 Department of Economic Opportunity; creation; powers
50 and duties.—
51 (3)
52 (b) The secretary:
53 1. May create offices within the Office of the Secretary
54 and within the divisions established in paragraph (a) to promote
55 efficient and effective operation of the department.
56 2. Shall appoint deputy secretaries for the Division of
57 Strategic Business Development, the Division of Community
58 Development, and the Division of Workforce Services and
59 directors for the Division of Finance and Administration and the
60 Division of Information Technology a director for each division,
61 who shall directly administer his or her division and be
62 responsible to the secretary.
63 Section 2. Paragraph (i) of subsection (2) and subsection
64 (3) of section 163.3175, Florida Statutes, are amended to read:
65 163.3175 Legislative findings on compatibility of
66 development with military installations; exchange of information
67 between local governments and military installations.—
68 (2) Certain major military installations, due to their
69 mission and activities, have a greater potential for
70 experiencing compatibility and coordination issues than others.
71 Consequently, this section and the provisions in s.
72 163.3177(6)(a), relating to compatibility of land development
73 with military installations, apply to specific affected local
74 governments in proximity to and in association with specific
75 military installations, as follows:
76 (i) Naval Support Activity Orlando, including Bugg Spring
77 and Naval Ordnance Test Unit, associated with Lake, Marion,
78 Orange, and Sumter Counties and Groveland, Howey-in-the-Hills,
79 Leesburg, County and Orlando, and Wildwood.
80 (3) The Florida Defense Support Council Task Force may
81 recommend to the Legislature changes to the military
82 installations and local governments specified in subsection (2)
83 based on a military base’s potential for impacts from
84 encroachment, and incompatible land uses and development.
85 Section 3. Subsection (4) is added to section 201.25,
86 Florida Statutes, to read:
87 201.25 Tax exemptions for certain loans.—There shall be
88 exempt from all taxes imposed by this chapter:
89 (4) Any loan made with funds administered by the Department
90 of Economic Opportunity.
91 Section 4. Paragraphs (b), (c), and (d) of subsection (1)
92 and paragraphs (b) and (c) of subsection (2) of section 288.018,
93 Florida Statutes, are amended to read:
94 288.018 Regional Rural Development Grants Program.—
95 (1)
96 (b) The department shall establish a matching grant program
97 to provide funding to regional economic development
98 organizations for the purpose of building the professional
99 capacity of those organizations. Building the professional
100 capacity of a regional economic development organization
101 includes hiring professional staff to develop, deliver, and
102 provide needed economic development professional services,
103 including technical assistance, education and leadership
104 development, marketing, and project recruitment. Matching Grants
105 may also be used by a regional economic development organization
106 to provide technical assistance to local governments, local
107 economic development organizations, and existing and prospective
108 businesses.
109 (c) A regional economic development organization may apply
110 annually to the department for a matching grant. The department
111 is authorized to approve, on an annual basis, grants to such
112 regional economic development organizations. The maximum amount
113 an organization may receive in any year will be $50,000, or
114 $250,000 for any three regional economic development
115 organizations that serve an entire region of a rural area of
116 opportunity designated pursuant to s. 288.0656(7) if they are
117 recognized by the department as serving such a region.
118 (d) Grant funds received by a regional economic development
119 organization must be matched each year by nonstate resources in
120 an amount equal to 25 percent of the state contribution.
121 (2) In approving the participants, the department shall
122 consider the demonstrated need of the applicant for assistance
123 and require the following:
124 (b) Demonstration that each unit of local government has
125 made a financial or in-kind commitment to the regional
126 organization.
127 (c) Demonstration that the private sector has made
128 financial or in-kind commitments to the regional organization.
129 Section 5. Paragraph (c) of subsection (2) of section
130 288.065, Florida Statutes, is amended to read:
131 288.065 Rural Community Development Revolving Loan Fund.—
132 (2)
133 (c) All repayments of principal and interest shall be
134 returned to the loan fund and made available for loans to other
135 applicants. However, in a rural area of opportunity designated
136 by the Governor, and upon approval by the department, repayments
137 of principal and interest may be retained by the applicant if
138 such repayments are dedicated and matched to fund regionally
139 based economic development organizations representing the rural
140 area of opportunity.
141 Section 6. Subsection (1), paragraphs (b), (c), and (e) of
142 subsection (2), and subsection (3) of section 288.0655, Florida
143 Statutes, are amended to read:
144 288.0655 Rural Infrastructure Fund.—
145 (1) There is created within the department the Rural
146 Infrastructure Fund to facilitate the planning, preparing, and
147 financing of infrastructure projects in rural communities which
148 will encourage job creation, capital investment, and the
149 strengthening and diversification of rural economies by
150 promoting tourism, trade, and economic development.
151 (2)
152 (b) To facilitate access of rural communities and rural
153 areas of opportunity as defined by the Rural Economic
154 Development Initiative to infrastructure funding programs of the
155 Federal Government, such as those offered by the United States
156 Department of Agriculture and the United States Department of
157 Commerce, and state programs, including those offered by Rural
158 Economic Development Initiative agencies, and to facilitate
159 local government or private infrastructure funding efforts, the
160 department may award grants for up to 75 50 percent of the total
161 infrastructure project cost or up to 100 percent of the total
162 infrastructure project cost for a project located in a rural
163 community or a rural area of opportunity as those terms are
164 defined in s. 288.0656(2) which is also located in a fiscally
165 constrained county as described in s. 218.67(1). Eligible
166 projects must be related to specific job-creation or job
167 retention opportunities. Eligible uses of funds projects may
168 also include improving any inadequate infrastructure that has
169 resulted in regulatory action that prohibits economic or
170 community growth, reducing the costs to community users of
171 proposed infrastructure improvements that exceed such costs in
172 comparable communities, and improving access to and the
173 availability of broadband Internet service. Eligible uses of
174 funds shall include improvements to public infrastructure for
175 industrial or commercial sites, upgrades to or development of
176 public tourism infrastructure, and improvements to broadband
177 Internet service and access in unserved or underserved rural
178 communities. Improvements to broadband Internet service and
179 access must be conducted through a partnership or partnerships
180 with one or more dealers, as defined in s. 202.11(2), and the
181 partnership or partnerships must be established through a
182 competitive selection process that is publicly noticed.
183 Authorized infrastructure may include the following public or
184 public-private partnership facilities: storm water systems;
185 telecommunications facilities; broadband facilities; roads or
186 other remedies to transportation impediments; nature-based
187 tourism facilities; or other physical requirements necessary to
188 facilitate tourism, trade, and economic development activities
189 in the community. Authorized infrastructure may also include
190 publicly or privately owned self-powered nature-based tourism
191 facilities, publicly owned telecommunications facilities, and
192 broadband facilities, and additions to the distribution
193 facilities of the existing natural gas utility as defined in s.
194 366.04(3)(c), the existing electric utility as defined in s.
195 366.02, or the existing water or wastewater utility as defined
196 in s. 367.021(12), or any other existing water or wastewater
197 facility, which owns a gas or electric distribution system or a
198 water or wastewater system in this state where:
199 1. A contribution-in-aid of construction is required to
200 serve public or public-private partnership facilities under the
201 tariffs of any natural gas, electric, water, or wastewater
202 utility as defined herein; and
203 2. Such utilities as defined herein are willing and able to
204 provide such service.
205 (c) To facilitate timely response and induce the location
206 or expansion of specific job creating opportunities, The
207 department may award grants of up to $300,000 for infrastructure
208 feasibility studies, design and engineering activities, or other
209 infrastructure planning and preparation activities. Authorized
210 grants shall be up to $50,000 for an employment project with a
211 business committed to create at least 100 jobs; up to $150,000
212 for an employment project with a business committed to create at
213 least 300 jobs; and up to $300,000 for a project in a rural area
214 of opportunity. Grants awarded under this paragraph may be used
215 in conjunction with grants awarded under paragraph (b), provided
216 that the total amount of both grants does not exceed 30 percent
217 of the total project cost. In evaluating applications under this
218 paragraph, the department shall consider the extent to which the
219 application seeks to minimize administrative and consultant
220 expenses.
221 (e) To enable local governments to access the resources
222 available pursuant to s. 403.973(18), the department may award
223 grants for surveys, feasibility studies, and other activities
224 related to the identification and preclearance review of land
225 which is suitable for preclearance review. Authorized grants
226 under this paragraph do not require a local match and may not
227 exceed $75,000 each, except in the case of a project in a rural
228 area of opportunity, in which case the grant may not exceed
229 $300,000. Any funds awarded under this paragraph must be matched
230 at a level of 50 percent with local funds, except that any funds
231 awarded for a project in a rural area of opportunity must be
232 matched at a level of 33 percent with local funds. If an
233 application for funding is for a catalyst site, as defined in s.
234 288.0656, the requirement for local match may be waived pursuant
235 to the process in s. 288.06561. In evaluating applications under
236 this paragraph, the department shall consider the extent to
237 which the application seeks to minimize administrative and
238 consultant expenses.
239 (3) The department, in consultation with Enterprise
240 Florida, Inc., the Florida Tourism Industry Marketing
241 Corporation, the Department of Environmental Protection, and the
242 Florida Fish and Wildlife Conservation Commission, as
243 appropriate, shall review and certify applications pursuant to
244 s. 288.061. The review shall include an evaluation of the
245 economic benefit of the projects and their long-term viability.
246 The department shall have final approval for any grant under
247 this section.
248 Section 7. Paragraph (a) of subsection (1) of section
249 288.075, Florida Statutes, is amended to read:
250 288.075 Confidentiality of records.—
251 (1) DEFINITIONS.—As used in this section, the term:
252 (a) “Economic development agency” means:
253 1. The Department of Economic Opportunity;
254 2. Any industrial development authority created in
255 accordance with part III of chapter 159 or by special law;
256 3. Space Florida created in part II of chapter 331;
257 4. The public economic development agency of a county or
258 municipality or, if the county or municipality does not have a
259 public economic development agency, the county or municipal
260 officers or employees assigned the duty to promote the general
261 business interests or industrial interests of that county or
262 municipality or the responsibilities related thereto;
263 5. Any research and development authority created in
264 accordance with part V of chapter 159; or
265 6. Any private agency, person, partnership, corporation, or
266 business entity when authorized by the state, a municipality, or
267 a county to promote the general business interests or industrial
268 interests of the state or that municipality or county.
269 Section 8. Subsection (1) of section 288.8017, Florida
270 Statutes, is amended to read:
271 288.8017 Awards.—
272 (1) Triumph Gulf Coast, Inc., shall make awards from
273 available funds to projects or programs that meet the priorities
274 for economic recovery, diversification, and enhancement of the
275 disproportionately affected counties. Awards may be provided
276 for:
277 (a) Ad valorem tax rate reduction within disproportionately
278 affected counties;
279 (b) Local match requirements of s. 288.0655 for projects in
280 the disproportionately affected counties;
281 (c) Public infrastructure projects for construction,
282 expansion, or maintenance which are shown to enhance economic
283 recovery, diversification, and enhancement of the
284 disproportionately affected counties;
285 (d) Grants to local governments in the disproportionately
286 affected counties to establish and maintain equipment and
287 trained personnel for local action plans of response to respond
288 to disasters, such as plans created for the Coastal Impacts
289 Assistance Program;
290 (e) Grants to support programs that prepare students for
291 future occupations and careers at K-20 institutions that have
292 campuses in the disproportionately affected counties. Eligible
293 programs include those that increase students’ technology skills
294 and knowledge; encourage industry certifications; provide
295 rigorous, alternative pathways for students to meet high school
296 graduation requirements; strengthen career readiness
297 initiatives; fund high-demand programs of emphasis at the
298 bachelor’s and master’s level designated by the Board of
299 Governors; and, similar to or the same as talent retention
300 programs created by the Chancellor of the State University
301 System and the Commission of Education, encourage students with
302 interest or aptitude for science, technology, engineering,
303 mathematics, and medical disciplines to pursue postsecondary
304 education at a state university or a Florida College System
305 institution within the disproportionately affected counties;
306 (f) Grants to support programs that provide participants in
307 the disproportionately affected counties with transferable,
308 sustainable workforce skills that are not confined to a single
309 employer; and
310 (g) Grants to the tourism entity created under s. 288.1226
311 for the purpose of advertising and promoting tourism and Fresh
312 From Florida, and grants to promote workforce and
313 infrastructure, on behalf of all of the disproportionately
314 affected counties.
315 Section 9. Subsection (5) of section 288.9604, Florida
316 Statutes, is amended to read:
317 288.9604 Creation of the corporation.—
318 (5) This section is repealed July 1, 2023, and July 1 of
319 every fourth year thereafter, unless reviewed and saved from
320 repeal by the Legislature.
321 Section 10. Paragraph (b) of subsection (2) of section
322 288.980, Florida Statutes, is amended to read:
323 288.980 Military base retention; legislative intent; grants
324 program.—
325 (2)
326 (b)1. The department shall annually request military
327 installations in the state to provide the department with a list
328 of base buffering encroachment lands for fee simple or less
329 than-fee simple acquisitions before October 1.
330 2. The department shall submit the list of base buffering
331 encroachment lands to the Florida Defense Support Council Task
332 Force created in s. 288.987.
333 3. The Florida Defense Support Council Task Force shall,
334 annually by December 1, review the list of base buffering
335 encroachment lands submitted by the military installations and
336 provide its recommendations for ranking the lands for
337 acquisition to the department.
338 4. The department shall annually submit the list of base
339 buffering encroachment lands provided by the Florida Defense
340 Support Council Task Force to the Board of Trustees of the
341 Internal Improvement Trust Fund, which may acquire the lands
342 pursuant to s. 253.025. At a minimum, the annual list must
343 contain for each recommended land acquisition:
344 a. A legal description of the land and its property
345 identification number;
346 b. A detailed map of the land; and
347 c. A management and monitoring agreement to ensure the land
348 serves a base buffering purpose.
349 Section 11. Subsection (1) and paragraph (a) of subsection
350 (2) of section 288.985, Florida Statutes, are amended to read:
351 288.985 Exemptions from public records and public meetings
352 requirements.—
353 (1) The following records held by the Florida Defense
354 Support Council Task Force are exempt from s. 119.07(1) and s.
355 24(a), Art. I of the State Constitution:
356 (a) That portion of a record which relates to strengths and
357 weaknesses of military installations or military missions in
358 this state relative to the selection criteria for the
359 realignment and closure of military bases and missions under any
360 United States Department of Defense base realignment and closure
361 process.
362 (b) That portion of a record which relates to strengths and
363 weaknesses of military installations or military missions in
364 other states or territories and the vulnerability of such
365 installations or missions to base realignment or closure under
366 the United States Department of Defense base realignment and
367 closure process, and any agreements or proposals to relocate or
368 realign military units and missions from other states or
369 territories.
370 (c) That portion of a record which relates to the state’s
371 strategy to retain its military bases during any United States
372 Department of Defense base realignment and closure process and
373 any agreements or proposals to relocate or realign military
374 units and missions.
375 (2)(a) Meetings or portions of meetings of the Florida
376 Defense Support Council Task Force, or a workgroup of the
377 council task force, at which records are presented or discussed
378 that are exempt under subsection (1) are exempt from s. 286.011
379 and s. 24(b), Art. I of the State Constitution.
380 Section 12. Section 288.987, Florida Statutes, is amended
381 to read:
382 288.987 Florida Defense Support Council Task Force.—
383 (1) The Florida Defense Support Council Task Force is
384 created.
385 (2) The mission of the council task force is to make
386 recommendations to preserve and protect military installations
387 to support the state’s position in research and development
388 related to or arising out of military missions and contracting,
389 and to improve the state’s military-friendly environment for
390 servicemembers, military dependents, military retirees, and
391 businesses that bring military and base-related jobs to the
392 state.
393 (3) The council task force shall be comprised of the
394 Governor or his or her designee, and 12 members appointed as
395 follows:
396 (a) Four members appointed by the Governor.
397 (b) Four members appointed by the President of the Senate.
398 (c) Four members appointed by the Speaker of the House of
399 Representatives.
400 (d) Appointed members must represent defense-related
401 industries or communities that host military bases and
402 installations. All appointments must be made by August 1, 2011.
403 Members shall serve for a term of 4 years, with the first term
404 ending July 1, 2015. However, if members of the Legislature are
405 appointed to the council task force, those members shall serve
406 until the expiration of their legislative term and may be
407 reappointed once. A vacancy shall be filled for the remainder of
408 the unexpired term in the same manner as the initial
409 appointment. All members of the council are eligible for
410 reappointment. A member who serves in the Legislature may
411 participate in all council task force activities but may only
412 vote on matters that are advisory.
413 (4) The President of the Senate and the Speaker of the
414 House of Representatives shall each designate one of their
415 appointees to serve as chair of the council task force. The
416 chair shall rotate each July 1. The appointee designated by the
417 President of the Senate shall serve as initial chair. If the
418 Governor, instead of his or her designee, participates in the
419 activities of the council task force, then the Governor shall
420 serve as chair.
421 (5) The Secretary of Economic Opportunity, or his or her
422 designee, shall serve as the ex officio, nonvoting executive
423 director of the council task force.
424 (6) The council task force shall submit an annual progress
425 report and work plan to the Governor, the President of the
426 Senate, and the Speaker of the House of Representatives each
427 February 1.
428 (7) The department shall contract with the council task
429 force for expenditure of appropriated funds, which may be used
430 by the council task force for economic and product research and
431 development, joint planning with host communities to accommodate
432 military missions and prevent base encroachment, advocacy on the
433 state’s behalf with federal civilian and military officials,
434 assistance to school districts in providing a smooth transition
435 for large numbers of additional military-related students, job
436 training and placement for military spouses in communities with
437 high proportions of active duty military personnel, and
438 promotion of the state to military and related contractors and
439 employers. The council task force may annually spend up to
440 $250,000 of funds appropriated to the department for the council
441 task force for staffing and administrative expenses of the
442 council task force, including travel and per diem costs incurred
443 by council task force members who are not otherwise eligible for
444 state reimbursement.
445 Section 13. Section 331.3081, Florida Statutes, is amended
446 to read:
447 331.3081 Board of directors.—
448 (1) Space Florida shall be governed by a 14-member 13
449 member independent board of directors that consists of the
450 members appointed to the board of directors of Enterprise
451 Florida, Inc., by the Governor, the President of the Senate, and
452 the Speaker of the House of Representatives pursuant to s.
453 288.901(5)(a)8. and the Governor, who shall serve ex officio, or
454 who may appoint a designee to serve, as the chair and a voting
455 member of the board, the secretary of the Department of Economic
456 Opportunity, six members appointed by the Governor, three
457 members appointed by the President of the Senate, and three
458 members appointed by the Speaker of the House of
459 Representatives.
460 (2) In making their appointments, the Governor, the
461 President of the Senate, and the Speaker of the House of
462 Representatives shall ensure that the composition of the board
463 of directors reflects this state’s aerospace industry and is
464 representative of the intent, duties, and purpose of Space
465 Florida.
466 (3) Members appointed before July 1, 2023, shall continue
467 to serve for the remainder of their current term. As the terms
468 of such members expire, successors must be appointed to 4-year
469 terms.
470 (4) A vacancy on the board of directors must be filled for
471 the remainder of the unexpired term in the same manner as the
472 original appointment.
473 Section 14. Section 446.71, Florida Statutes, is amended to
474 read:
475 446.71 Everglades Restoration Agricultural Community
476 Employment Training Program.—
477 (1) The Department of Economic Opportunity, in cooperation
478 with the state board as defined in s. 445.002, shall establish
479 the Everglades Restoration Agricultural Community Employment
480 Training Program within the Department of Economic Opportunity.
481 The Department of Economic Opportunity shall use funds
482 appropriated to the program by the Legislature to provide grants
483 to stimulate and support training and employment programs that
484 seek to match persons who complete such training programs to
485 nonagricultural employment opportunities in areas of high
486 agricultural unemployment, and to provide other training,
487 educational, and information services necessary to stimulate the
488 creation of jobs in the areas of high agricultural unemployment.
489 In determining whether to provide funds to a particular program,
490 the Department of Economic Opportunity shall consider the
491 location of the program in proximity to the program’s intended
492 participants.
493 (2) The Legislature supports projects that improve the
494 economy in the Everglades Agricultural Area. In recognition of
495 the employment opportunities and economic development generated
496 by new and expanding industries in the area, such as the
497 Airglades Airport in Hendry County and the development of an
498 inland port in Palm Beach County, the Legislature finds that
499 training the citizens of the state to fill the needs of these
500 industries significantly enhances the economic viability of the
501 region.
502 (2) As used in this section, the term:
503 (a) “Department” means the Department of Economic
504 Opportunity.
505 (b) “Employer-based training program” means a program
506 established by, or to be established by, a business in this
507 state that provides training for in-demand nonagricultural
508 occupations for its employees.
509 (c) “Everglades Agricultural Area” has the same meaning as
510 in s. 373.4592(15).
511 (d) “Institution-based training program” means a
512 certificate program or other program of study provided by a
513 public or private university, college, or technical or
514 vocational training institution which provides training for in
515 demand nonagricultural occupations.
516 (e) “Program” means the Everglades Restoration Agricultural
517 Community Employment Training Program.
518 (3) The department, in cooperation with the state board as
519 defined in s. 445.002, shall establish the Everglades
520 Restoration Agricultural Community Employment Training Program.
521 The department shall use funds appropriated to the program by
522 the Legislature to provide grants to stimulate and support
523 employer-based training programs and institution-based training
524 programs that seek to match persons who complete such training
525 programs to nonagricultural employment opportunities in the
526 Everglades Agricultural Area and any rural areas of opportunity
527 as designated by the Governor pursuant to s. 288.0656(2)(d)
528 which include DeSoto, Glades, Hardee, Hendry, Highlands, and
529 Okeechobee Counties and the cities of Pahokee, Belle Glade, and
530 South Bay, and Immokalee. The department shall use program funds
531 to provide other training, educational, and information services
532 necessary to stimulate the creation of jobs in the Everglades
533 Agricultural Area and in any rural areas of opportunity as
534 designated by the Governor pursuant to s. 288.0656(2)(d) which
535 include DeSoto, Glades, Hardee, Hendry, Highlands, and
536 Okeechobee Counties and the cities of Pahokee, Belle Glade, and
537 South Bay, and Immokalee. In determining whether to provide
538 funds to a particular employer-based training program or
539 institution-based training program, the department must consider
540 the location of such training program in proximity to the
541 program’s intended participants.
542 (4) Program funds may be used to provide for grants for
543 tuition for public or private technical or vocational
544 institution-based training programs. Program funds may also be
545 used for and matching grants to employers to conduct employer
546 based training programs. Funds may be used, or for the purchase
547 of equipment necessary to be used for training purposes, the
548 hiring of instructors, or any other purpose directly associated
549 with the employer-based training program or institution-based
550 training program. For the first 6 months of each fiscal year,
551 the department shall set aside up to 50 percent of the funds
552 appropriated to the program by the Legislature to fund employer
553 based training programs. At the end of the 6-month period, any
554 unused funds from the set-aside funds may be used to provide
555 funding for institution-based training programs.
556 (5)(4) The department of Economic Opportunity may not award
557 a grant to any employer-based given training program if the
558 grant which exceeds 50 percent of the total cost of the program.
559 However, if, unless the employer-based training program is
560 located within a rural area of opportunity, the department may
561 award a grant of in which case the grant may exceed 50 percent
562 of the total cost of the program and up to 100 percent of
563 program costs. Employer matching contributions may include in
564 kind services, including, but not limited to, the provision of
565 training instructors, equipment, and training facilities. The
566 department must prioritize grants to employer-based training
567 programs that are located in the Everglades Agricultural Area or
568 in any rural areas of opportunity as designated by the Governor
569 pursuant to s. 288.0656(2)(d) which include DeSoto, Glades,
570 Hardee, Hendry, Highlands, and Okeechobee Counties and the
571 cities of Pahokee, Belle Glade, and South Bay, and Immokalee.
572 (6)(5) Before awarding a grant pursuant to granting a
573 request for funds made in accordance with this section, the
574 department of Economic Opportunity shall enter into a grant
575 agreement with the employer or requester of funds and the
576 institution receiving funding through the program. Such
577 agreement must include all of the following information:
578 (a) An identification of the personnel necessary to conduct
579 the instructional program, the qualifications of such personnel,
580 and the respective responsibilities of the parties for paying
581 costs associated with the employment of such personnel.
582 (b) An identification of the estimated length of the
583 instructional program.
584 (c) An identification of all direct, training-related
585 costs, including tuition and fees, curriculum development, books
586 and classroom materials, and overhead or indirect costs.
587 (d) An identification of special program requirements that
588 are not otherwise addressed in the agreement.
589 (7)(6) The department of Economic Opportunity may grant up
590 to 100 percent of the tuition for an institution-based a
591 training program participant who currently resides, and has
592 resided for the preceding 12 months at least 3 of the 5
593 immediately preceding years, within the Everglades Agricultural
594 Area or in any rural areas of opportunity as designated by the
595 Governor pursuant to s. 288.0656(2)(d), which include DeSoto,
596 Glades, Hardee, Hendry, Highlands, and Okeechobee Counties and
597 the cities of Pahokee, Belle Glade, and South Bay, and
598 Immokalee, as described in s. 373.4592 and in counties that
599 provide for water storage and dispersed water storage that are
600 located in rural areas of opportunity as described in s.
601 288.0656.
602 (8)(7) Employer-based training programs established in the
603 Everglades Agricultural Area or in any rural areas of
604 opportunity as designated by the Governor pursuant to s.
605 288.0656(2)(d), which include DeSoto, Glades, Hardee, Hendry,
606 Highlands, and Okeechobee Counties and the cities of Pahokee,
607 Belle Glade, and South Bay, and Immokalee, must include
608 opportunities to obtain the qualifications and skills necessary
609 for jobs related to federal and state restoration projects, the
610 Airglades Airport in Hendry County, an inland port in Palm Beach
611 County, or other industries with a verifiable, demonstrated
612 interest in operating within the Everglades Agricultural Area or
613 in any rural areas of opportunity as designated by the Governor
614 pursuant to s. 288.0656(2)(d), which include DeSoto, Glades,
615 Hardee, Hendry, Highlands, and Okeechobee Counties and the
616 cities of Pahokee, Belle Glade, and South Bay, and Immokalee,
617 and in counties that provide for water storage and dispersed
618 water storage that are located in rural areas of opportunity as
619 described in s. 288.0656.
620 (9)(8) The department may of Economic Opportunity shall
621 adopt rules to implement this section.
622 Section 15. Subsections (2) and (3) of section 695.03,
623 Florida Statutes, are amended to read:
624 695.03 Acknowledgment and proof; validation of certain
625 acknowledgments; legalization or authentication before foreign
626 officials.—To entitle any instrument concerning real property to
627 be recorded, the execution must be acknowledged by the party
628 executing it, proved by a subscribing witness to it, or
629 legalized or authenticated in one of the following forms:
630 (2) OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES.—An
631 acknowledgment or a proof taken, administered, or made outside
632 of this state but within the United States may be taken,
633 administered, or made by or before a civil-law notary of this
634 state or a commissioner of deeds appointed by the Secretary of
635 Economic Opportunity Governor of this state; a judge or clerk of
636 any court of the United States or of any state, territory, or
637 district; by or before a United States commissioner or
638 magistrate; or by or before any notary public, justice of the
639 peace, master in chancery, or registrar or recorder of deeds of
640 any state, territory, or district having a seal, and the
641 certificate of acknowledgment or proof must be under the seal of
642 the court or officer, as the case may be. If the acknowledgment
643 or proof is taken, administered, or made by or before a notary
644 public who does not affix a seal, it is sufficient for the
645 notary public to type, print, or write by hand on the
646 instrument, “I am a Notary Public of the State of ...(state)...,
647 and my commission expires on ...(date)....”
648 (3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN
649 COUNTRIES.—An acknowledgment, an affidavit, an oath, a
650 legalization, an authentication, or a proof taken, administered,
651 or made outside the United States or in a foreign country may be
652 taken, administered, or made by or before a commissioner of
653 deeds appointed by the Secretary of Economic Opportunity
654 Governor of this state to act in such country; before a notary
655 public of such foreign country or a civil-law notary of this
656 state or of such foreign country who has an official seal;
657 before an ambassador, envoy extraordinary, minister
658 plenipotentiary, minister, commissioner, charge d’affaires,
659 consul general, consul, vice consul, consular agent, or other
660 diplomatic or consular officer of the United States appointed to
661 reside in such country; or before a military or naval officer
662 authorized by 10 U.S.C. s. 1044a to perform the duties of notary
663 public, and the certificate of acknowledgment, legalization,
664 authentication, or proof must be under the seal of the officer.
665 A certificate legalizing or authenticating the signature of a
666 person executing an instrument concerning real property and to
667 which a civil-law notary or notary public of that country has
668 affixed her or his official seal is sufficient as an
669 acknowledgment. For the purposes of this section, the term
670 “civil-law notary” means a civil-law notary as defined in
671 chapter 118 or an official of a foreign country who has an
672 official seal and who is authorized to make legal or lawful the
673 execution of any document in that jurisdiction, in which
674 jurisdiction the affixing of her or his official seal is deemed
675 proof of the execution of the document or deed in full
676 compliance with the laws of that jurisdiction.
677 Section 16. For the purpose of incorporating the amendment
678 made by this act to section 288.075, Florida Statutes, in a
679 reference thereto, paragraph (c) of subsection (2) of section
680 288.106, Florida Statutes, is reenacted to read:
681 288.106 Tax refund program for qualified target industry
682 businesses.—
683 (2) DEFINITIONS.—As used in this section:
684 (c) “Average private sector wage in the area” means the
685 statewide private sector average wage or the average of all
686 private sector wages and salaries in the county or in the
687 standard metropolitan area in which the business is located.
688 Section 17. This act shall take effect July 1, 2023.