Florida Senate - 2023               CS for CS for CS for SB 1664
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Transportation, Tourism, and Economic Development; the
       Committee on Commerce and Tourism; and Senator Hooper
       
       
       
       594-04257-23                                          20231664c3
    1                        A bill to be entitled                      
    2         An act relating to economic programs; providing for a
    3         type two transfer of the duties and functions of
    4         Enterprise Florida, Inc., to the Department of
    5         Commerce; providing legislative intent; providing for
    6         a transition period; requiring the department and
    7         Enterprise Florida, Inc., to coordinate the
    8         development and implementation of a transition plan;
    9         providing requirements for the transition plan;
   10         specifying that certain binding contracts remain
   11         binding; requiring the transfer of specified funds;
   12         requiring the department to submit specified
   13         amendments and information to the Federal Government
   14         and seek specified waivers; requiring the Division of
   15         Law Revision to provide assistance to specified
   16         committees for certain purposes; prohibiting certain
   17         actions from being taken relating to specified
   18         programs; specifying that existing contracts or
   19         agreements authorized under such programs continue in
   20         full force and effect; providing appropriations;
   21         amending ss. 11.45, 14.32, 15.18, 15.182, and 20.435,
   22         F.S.; conforming provisions to changes made by the
   23         act; amending s. 20.60, F.S.; renaming the Department
   24         of Economic Opportunity as the Department of Commerce;
   25         designating the head of the department as the
   26         Secretary of Commerce; requiring the secretary to
   27         serve as the Governor’s chief negotiator for certain
   28         purposes; renaming the Division of Strategic Business
   29         Development as the Division of Economic Development;
   30         revising the duties and purposes of the department;
   31         revising the duties of the Division of Workforce
   32         Services; conforming provisions to changes made by the
   33         act; repealing s. 20.601, F.S., relating to review of
   34         the Department of Economic Opportunity; amending s.
   35         159.803, F.S.; requiring the department to develop
   36         certain protocols and measures; conforming provisions
   37         to changes made by the act; amending ss. 189.033,
   38         196.012, and 212.08, 212.098, 212.20, 212.205,
   39         213.053, 220.02, 220.13, and 220.16, F.S.; conforming
   40         provisions to changes made by the act; repealing s.
   41         220.1899, F.S., relating to an entertainment industry
   42         tax credit; amending s. 220.191, F.S.; defining the
   43         term “average private sector wage in the area”;
   44         conforming provisions to changes made by the act;
   45         repealing s. 220.194, F.S., relating to corporate
   46         income tax credits for spaceflight projects; amending
   47         ss. 220.196, 272.11, 287.0947, and 287.137, F.S.;
   48         conforming provisions to changes made by the act;
   49         amending s. 288.0001, F.S.; revising required analyses
   50         provided by the Office of Economic and Demographic
   51         Research and Office of Program Policy Analysis and
   52         Government Accountability; conforming provisions to
   53         changes made by the act; amending ss. 288.001 and
   54         288.005, F.S.; conforming provisions to changes made
   55         by the act; amending s. 288.012, F.S.; requiring the
   56         department to establish a direct-support organization
   57         for a specified purpose; specifying the Secretary of
   58         Commerce is the head of such direct-support
   59         organization; authorizing the secretary to provide for
   60         the appointment of a director and other staff;
   61         providing requirements and authorizations relating to
   62         the direct-support organization; providing
   63         requirements for an agreement between the direct
   64         support organization and the department; requiring the
   65         department to submit a proposed operating budget for
   66         the direct-support organization to the Governor and
   67         the Legislature; providing for a future repeal;
   68         conforming provisions to changes made by the act;
   69         amending s. 288.017, F.S.; providing authority to the
   70         Florida Tourism Industry Marketing Corporation, rather
   71         than Enterprise Florida, Inc., to establish and
   72         administer a cooperative advertising matching grants
   73         program; conforming provisions to changes made by the
   74         act; amending ss. 288.018, 288.047, 288.061, 288.0655,
   75         288.0656, 288.0658, 288.075, and 288.076, F.S.;
   76         conforming provisions to changes made by the act;
   77         amending s. 288.095, F.S.; requiring the department to
   78         issue quarterly reports relating to the status of
   79         certain payments and escrow activity to specified
   80         entities; requiring the department to create a
   81         separate account for specified transferred funds;
   82         requiring the department to transfer payments to the
   83         General Revenue Fund; conforming provisions to changes
   84         made by the act; amending s. 288.101, F.S.; revising
   85         authorizations relating to the Florida Job Growth
   86         Grant Fund; repealing ss. 288.1045 and 288.106, F.S.,
   87         relating to the qualified defense contractor and space
   88         flight business tax refund program and a tax refund
   89         program for qualified target industry businesses,
   90         respectively; amending 288.107, F.S.; revising
   91         requirements relating to brownfield redevelopment
   92         bonus refunds; authorizing the department to adopt
   93         rules; conforming provisions to changes made by the
   94         act; amending s. 288.108, F.S.; conforming provisions
   95         to changes made by the act; repealing ss. 288.1081,
   96         288.1082, 288.1088, and 288.1089, F.S., relating to
   97         the Economic Gardening Business Loan Pilot Program,
   98         the Economic Gardening Technical Assistance Pilot
   99         Program, the Quick Action Closing Fund, and the
  100         Innovation Incentive Program, respectively; amending
  101         ss. 288.111, 288.11621, and 288.11631, F.S.;
  102         conforming provisions to changes made by the act;
  103         repealing ss. 288.1168 and 288.1169, F.S., relating to
  104         the professional golf hall of fame facility and the
  105         International Game Fish Association World Center
  106         facility, respectively; amending s. 288.122, F.S.;
  107         conforming a provision to changes made by the act;
  108         amending s. 288.1226, F.S.; revising the composition
  109         of the board of directors of the Florida Tourism
  110         Industry Marketing Corporation; conforming provisions
  111         to changes made by the act; amending s. 288.12265,
  112         F.S.; transferring responsibility for administering
  113         and operating welcome centers from Enterprise Florida,
  114         Inc., to the Florida Tourism Industry Marketing
  115         Corporation; reviving, readopting, and amending s.
  116         288.1229, F.S., relating to promotion and development
  117         of sports-related industries and amateur athletics;
  118         requiring the department to establish the Florida
  119         Sports Foundation direct-support organization;
  120         providing requirements for the foundation, including
  121         development of the Florida Senior Games; providing and
  122         revising requirements for the Florida Senior Games and
  123         the Sunshine State Games, respectively; conforming
  124         provisions to changes made by the act; amending s.
  125         288.125, F.S.; conforming a provision to changes made
  126         by the act; repealing ss. 288.1251, 288.1252,
  127         288.1253, and 288.1254, F.S., relating to the
  128         promotion and development of the entertainment
  129         industry by the Office of Film and Entertainment, the
  130         Florida Film and Entertainment Advisory Council,
  131         certain travel and entertainment expenses, and an
  132         entertainment industry financial incentive program,
  133         respectively; amending ss. 288.1258, 288.7015,
  134         288.706, 288.773, 288.776, 288.7771, 288.816, and
  135         288.826, F.S.; conforming provisions to changes made
  136         by the act; repealing ss. 288.901, 288.9015, 288.903,
  137         288.904, 288.905, and 288.906, F.S., relating to
  138         Enterprise Florida, Inc., powers of board of directors
  139         of Enterprise Florida, Inc., duties of Enterprise
  140         Florida, Inc., funding for Enterprise Florida, Inc.,
  141         the president and employees of Enterprise Florida,
  142         Inc., and the annual report and audits of Enterprise
  143         Florida, Inc., and its divisions, respectively;
  144         renumbering and amending s. 288.907, F.S.; conforming
  145         provisions to changes made by the act; repealing s.
  146         288.911, F.S., relating to the creation and
  147         implementation of a marketing and image campaign;
  148         renumbering and amending s. 288.912, F.S.; conforming
  149         provisions to changes made by the act; repealing s.
  150         288.92, F.S., relating to the divisions of Enterprise
  151         Florida, Inc.; renumbering and amending s. 288.923,
  152         F.S.; revising the responsibilities and duties of the
  153         Florida Tourism Industry Marketing Corporation;
  154         conforming provisions to changes made by the act;
  155         repealing ss. 288.95155 and 288.9519, F.S., relating
  156         to the Florida Small Business Technology Growth
  157         Program and a not-for-profit corporation intended to
  158         promote the competitiveness and profitability of high
  159         technology business and industry, respectively;
  160         renumbering and amending s. 288.9520, F.S.; specifying
  161         that the department is the custodian of certain public
  162         records; conforming provisions to changes made by the
  163         act; repealing s. 288.955, F.S., relating to Scripps
  164         Florida Funding Corporation; amending s. 288.9603,
  165         F.S.; conforming a provision to changes made by the
  166         act; amending s. 288.9604, F.S.; removing the future
  167         repeal of the Florida Development Finance Corporation;
  168         amending ss. 288.9605, 288.9614, 288.9624, 288.9625,
  169         288.96255, 288.980, and 288.987, F.S.; conforming
  170         provisions to changes made by the act; repealing ss.
  171         288.991, 288.9912, 288.9913, 288.9914, 288.9915,
  172         288.9916, 288.9917, 288.9918, 288.9919, 288.9920,
  173         288.9921, and 288.9922, F.S., relating to the New
  174         Markets Development Program Act; amending s. 288.9932,
  175         F.S.; deleting the definition of the term “domiciled
  176         in this state”; repealing s. 288.9934, F.S., relating
  177         to the Microfinance Loan Program; amending s.
  178         288.9935, F.S.; conforming provisions to changes made
  179         by the act; repealing ss. 288.9936 and 288.9937, F.S.,
  180         relating to the annual report of the Microfinance Loan
  181         Program and the evaluation of certain programs,
  182         respectively; amending ss. 288.9961, 290.0056,
  183         290.0065, 290.00677, 290.053, and 295.22, F.S.;
  184         conforming provisions to changes made by the act;
  185         amending ss. 320.08058, 339.2821, 377.703, 377.804,
  186         377.809, 380.0657, 403.7032, 403.973, 443.091,
  187         443.191, 445.004, 445.045, 446.44, 477.0135, 570.81,
  188         570.85, 625.3255, 657.042, 658.67, 1004.015, 1004.65,
  189         1004.78, and 1011.76, F.S.; conforming provisions to
  190         changes made by the act; directing the Division of Law
  191         Revision to prepare a reviser’s bill for a specified
  192         purpose; providing effective dates.
  193          
  194  Be It Enacted by the Legislature of the State of Florida:
  195  
  196         Section 1. (1)All duties, functions, records, pending
  197  issues, existing contracts, administrative authority,
  198  administrative rules, and unexpended balances of appropriations,
  199  allocations, and other public funds relating to Enterprise
  200  Florida, Inc., are transferred by a type two transfer, as
  201  defined in s. 20.06, Florida Statutes, to the Department of
  202  Commerce, as created by this act.
  203         (2) It is the intent of the Legislature that the changes
  204  made by this act be accomplished with minimal disruption of
  205  services provided to the public and with minimal disruption to
  206  employees of any organization. To that end, the Legislature
  207  directs all applicable units of state government to contribute
  208  to the successful implementation of this act, and the
  209  Legislature believes that a transition period between the
  210  effective date of this act and December 1, 2023, is appropriate
  211  and warranted.
  212         (3)(a)The Department of Commerce, as created by this act,
  213  and Enterprise Florida, Inc., shall each coordinate the
  214  development and implementation of a transition plan by August 1,
  215  2023, that supports the implementation of this act. The
  216  department shall coordinate the submission of any budget
  217  amendments, in accordance with chapter 216, Florida Statutes,
  218  which may be necessary to implement this act.
  219         (b) The Legislature directs that notwithstanding the
  220  changes made by this act, Enterprise Florida, Inc., may continue
  221  with such powers, duties, functions, records, offices,
  222  personnel, property, pending issues, and existing contracts as
  223  provided in Florida Statutes 2022 until December 1, 2023, except
  224  that the board of directors shall stand repealed on October 1,
  225  2023. The president of Enterprise Florida, Inc., shall continue
  226  the operations of the direct-support organization until full
  227  implementation of the transition plan. The transition plan shall
  228  provide for transfer of powers, duties, functions, records,
  229  offices, personnel, property, pending issues, and existing
  230  contracts related to international business development and
  231  trade to the direct-support organization created under s.
  232  288.012, Florida Statutes.
  233         (4)The transfer of any program, activity, duty, or
  234  function under this act includes the transfer of any records and
  235  unexpended balances of appropriations, allocations, or other
  236  funds related to such program, activity, duty, or function.
  237  Unless otherwise provided, the successor organization to any
  238  program, activity, duty, or function transferred under this act
  239  shall become the custodian of any property of the organization
  240  that was responsible for the program, activity, duty, or
  241  function immediately prior to the transfer.
  242         (5)Any binding contract or interagency agreement existing
  243  before December 1, 2023, between Enterprise Florida, Inc., and
  244  any other agency, entity, or person shall continue as a binding
  245  contract or agreement for the remainder of the term of such
  246  contract or agreement on the successor department, agency, or
  247  entity responsible for the program, activity, or functions
  248  relative to the contract or agreement.
  249         (6)Any funds held in trust which were donated to or earned
  250  by the Division of International Trade and Business Development,
  251  the Division of Sports Industry Development, or the Division of
  252  Tourism Marketing of Enterprise Florida, Inc., shall be
  253  transferred to the direct-support organization created under s.
  254  288.012, Florida Statutes, the Florida Tourism Industry
  255  Marketing Corporation, or the Florida Sports Foundation, as
  256  appropriate, for the original purposes of the funds.
  257         (7)The department shall submit in a timely manner to the
  258  applicable federal departments or agencies any necessary
  259  amendments or supplemental information concerning plans which
  260  the state or one of the entities is required to submit to the
  261  Federal Government in connection with any federal or state
  262  program. The department shall seek any waivers from the
  263  requirements of federal law or rules which may be necessary to
  264  administer the provisions of this act.
  265         Section 2. The Legislature recognizes that there is a need
  266  to conform the Florida Statutes to the policy decisions
  267  reflected in this act and that there is a need to resolve
  268  apparent conflicts between any other legislation that has been
  269  or may be enacted during the 2023 Regular Session of the
  270  Legislature and the transfer of duties made by this act.
  271  Therefore, in the interim between this act becoming law and the
  272  2024 Regular Session of the Legislature or an earlier special
  273  session addressing this issue, the Division of Law Revision
  274  shall provide the relevant substantive committees of the Senate
  275  and the House of Representatives with assistance, upon request,
  276  to enable such committees to prepare draft legislation to
  277  conform the Florida Statutes and any legislation enacted during
  278  2023 to the provisions of this act.
  279         Section 3. For programs established pursuant to s.
  280  220.1899, s. 220.194, s. 288.1045, s. 288.106, s. 288.1081, s.
  281  288.1082, s. 288.1088, s. 288.1089, s. 288.95155, s. 288.9916,
  282  or s. 288.9934, Florida Statutes, no new or additional
  283  applications or certifications shall be approved, no new letters
  284  of certification may be issued, no new contracts or agreements
  285  may be executed, and no new awards may be made. Any existing
  286  contracts or agreements authorized under any of these programs
  287  shall continue in full force and effect in accordance with the
  288  statutory requirements in effect when the contract or agreement
  289  was executed or last modified. However, no further
  290  modifications, extensions, or waivers may be made or granted
  291  relating to such contracts or agreements except computations by
  292  the Department of Revenue of the income generated by or arising
  293  out of the qualifying project.
  294         Section 4. (1)For the 2023-2024 fiscal year, the sum of $5
  295  million in recurring funds from the Florida International Trade
  296  and Promotion Trust Fund is appropriated to the direct-support
  297  organization created under s. 288.012, Florida Statutes.
  298         (2)For the 2023-2024 fiscal year, 20 full-time equivalent
  299  positions with associated salary rate of 1,406,860 are
  300  authorized and the sum of $5 million in recurring funds from the
  301  State Economic Enhancement and Development Trust Fund is
  302  appropriated to the Department of Economic Opportunity to carry
  303  out the provisions of this act. The remaining funds are
  304  appropriated to the department to carry-out the provisions of
  305  this act.
  306         (3)For the 2023-2024 fiscal year, the sum of $2 million in
  307  nonrecurring funds from the State Economic Enhancement and
  308  Development Trust Fund is appropriated to Enterprise Florida,
  309  Inc., to facilitate the transition plan and transfers required
  310  by this act. The unexpended balance of funds as of December 31,
  311  2023, shall revert.
  312         Section 5. Paragraph (i) of subsection (3) of section
  313  11.45, Florida Statutes, is amended to read:
  314         11.45 Definitions; duties; authorities; reports; rules.—
  315         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
  316  General may, pursuant to his or her own authority, or at the
  317  direction of the Legislative Auditing Committee, conduct audits
  318  or other engagements as determined appropriate by the Auditor
  319  General of:
  320         (i)Enterprise Florida, Inc., including any of its boards,
  321  advisory committees, or similar groups created by Enterprise
  322  Florida, Inc., and programs. The audit report may not reveal the
  323  identity of any person who has anonymously made a donation to
  324  Enterprise Florida, Inc., pursuant to this paragraph. The
  325  identity of a donor or prospective donor to Enterprise Florida,
  326  Inc., who desires to remain anonymous and all information
  327  identifying such donor or prospective donor are confidential and
  328  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
  329  of the State Constitution. Such anonymity shall be maintained in
  330  the auditor’s report.
  331         Section 6. Paragraph (a) of subsection (3) of section
  332  14.32, Florida Statutes, is amended to read:
  333         14.32 Office of Chief Inspector General.—
  334         (3) Related to public-private partnerships, the Chief
  335  Inspector General:
  336         (a) Shall advise public-private partnerships, including
  337  Enterprise Florida, Inc., in their development, utilization, and
  338  improvement of internal control measures necessary to ensure
  339  fiscal accountability.
  340         Section 7. Section 15.18, Florida Statutes, is amended to
  341  read:
  342         15.18 International and cultural relations.—The Divisions
  343  of Arts and Culture, Historical Resources, and Library and
  344  Information Services of the Department of State promote programs
  345  having substantial cultural, artistic, and indirect economic
  346  significance that emphasize American creativity. The Secretary
  347  of State, as the head administrator of these divisions, shall
  348  hereafter be known as “Florida’s Chief Arts and Culture
  349  Officer.” As this officer, the Secretary of State is encouraged
  350  to initiate and develop relationships between the state and
  351  foreign cultural officers, their representatives, and other
  352  foreign governmental officials in order to promote Florida as
  353  the center of American creativity. The Secretary of State shall
  354  coordinate international activities pursuant to this section
  355  with the Department of Commerce Enterprise Florida, Inc., and
  356  any other organization the secretary deems appropriate. For the
  357  accomplishment of this purpose, the Secretary of State shall
  358  have the power and authority to:
  359         (1) Disseminate any information pertaining to the State of
  360  Florida which promotes the state’s cultural assets.
  361         (2) Plan and carry out activities designed to cause
  362  improved cultural and governmental programs and exchanges with
  363  foreign countries.
  364         (3) Plan and implement cultural and social activities for
  365  visiting foreign heads of state, diplomats, dignitaries, and
  366  exchange groups.
  367         (4) Encourage and cooperate with other public and private
  368  organizations or groups in their efforts to promote the cultural
  369  advantages of Florida.
  370         (5) Serve as the liaison with all foreign consular and
  371  ambassadorial corps, as well as international organizations,
  372  that are consistent with the purposes of this section.
  373         (6) Provide, arrange, and make expenditures for the
  374  achievement of any or all of the purposes specified in this
  375  section.
  376         Section 8. Subsection (2) of section 15.182, Florida
  377  Statutes, is amended to read:
  378         15.182 International travel by state-funded musical,
  379  cultural, or artistic organizations; notification to the
  380  Department of State.—
  381         (2) The Department of State, in conjunction with the
  382  Department of Commerce Economic Opportunity and Enterprise
  383  Florida, Inc., shall act as an intermediary between performing
  384  musical, cultural, and artistic organizations and Florida
  385  businesses to encourage and coordinate joint undertakings. Such
  386  coordination may include, but is not limited to, encouraging
  387  business and industry to sponsor cultural events, assistance
  388  with travel of such organizations, and coordinating travel
  389  schedules of cultural performance groups and international trade
  390  missions.
  391         Section 9. Effective July 1, 2024, paragraph (a) of
  392  subsection (7) of section 20.435, Florida Statutes, is amended
  393  to read:
  394         20.435 Department of Health; trust funds.—The following
  395  trust funds shall be administered by the Department of Health:
  396         (7) Biomedical Research Trust Fund.
  397         (a) Funds to be credited to the trust fund shall consist of
  398  funds appropriated by the Legislature. Funds shall be used for
  399  the purposes of the James and Esther King Biomedical Research
  400  Program, the Casey DeSantis Cancer Research Program, and the
  401  William G. “Bill” Bankhead, Jr., and David Coley Cancer Research
  402  Program as specified in ss. 215.5602, 288.955, 381.915, and
  403  381.922. The trust fund is exempt from the service charges
  404  imposed by s. 215.20.
  405         Section 10. Section 20.60, Florida Statutes, is amended to
  406  read:
  407         20.60 Department of Commerce Economic Opportunity;
  408  creation; powers and duties.—
  409         (1) There is created the Department of Commerce Economic
  410  Opportunity.
  411         (2) The head of the department is the Secretary of Commerce
  412  Economic Opportunity, who shall be appointed by the Governor,
  413  subject to confirmation by the Senate. The secretary shall serve
  414  at the pleasure of and report to the Governor and shall serve as
  415  the Governor’s chief negotiator for business recruitment and
  416  expansion and economic development. The secretary may appoint
  417  deputy and assistant secretaries as necessary to aid the
  418  secretary in fulfilling his or her statutory obligations.
  419         (3)(a) The following divisions and offices of the
  420  Department of Commerce Economic Opportunity are established:
  421         1. The Division of Economic Strategic Business Development.
  422         2. The Division of Community Development.
  423         3. The Division of Workforce Services.
  424         4. The Division of Finance and Administration.
  425         5. The Division of Information Technology.
  426         6. The Office of the Secretary.
  427         7. The Office of Economic Accountability and Transparency,
  428  which shall:
  429         a. Oversee the department’s critical objectives as
  430  determined by the secretary and make sure that the department’s
  431  key objectives are clearly communicated to the public.
  432         b. Organize department resources, expertise, data, and
  433  research to focus on and solve the complex economic challenges
  434  facing the state.
  435         c. Provide leadership for the department’s priority issues
  436  that require integration of policy, management, and critical
  437  objectives from multiple programs and organizations internal and
  438  external to the department; and organize and manage external
  439  communication on such priority issues.
  440         d. Promote and facilitate key department initiatives to
  441  address priority economic issues and explore data and identify
  442  opportunities for innovative approaches to address such economic
  443  issues.
  444         e. Promote strategic planning for the department.
  445         (b) The secretary:
  446         1. May create offices within the Office of the Secretary
  447  and within the divisions established in paragraph (a) to promote
  448  efficient and effective operation of the department.
  449         2. Shall appoint a director for each division, who shall
  450  directly administer his or her division and be responsible to
  451  the secretary.
  452         (4) The purpose of the department is to assist the Governor
  453  in working with the Legislature, state agencies, business
  454  leaders, and economic development professionals to formulate and
  455  implement coherent and consistent policies and strategies
  456  designed to promote economic opportunities for all Floridians.
  457  The department is the state’s chief agency for business
  458  recruitment and expansion and economic development. To
  459  accomplish such purposes, the department shall:
  460         (a) Facilitate the direct involvement of the Governor and
  461  the Lieutenant Governor in economic development and workforce
  462  development projects designed to create, expand, and retain
  463  businesses in this state, to recruit business from around the
  464  world, to promote the state as a pro-business location for new
  465  investment, and to facilitate other job-creating efforts.
  466         (b) Recruit new businesses to this state and promote the
  467  expansion of existing businesses by expediting permitting and
  468  location decisions, worker placement and training, and incentive
  469  awards.
  470         (c) Promote viable, sustainable communities by providing
  471  technical assistance and guidance on growth and development
  472  issues, grants, and other assistance to local communities.
  473         (d) Ensure that the state’s goals and policies relating to
  474  economic development, workforce development, community planning
  475  and development, and affordable housing are fully integrated
  476  with appropriate implementation strategies.
  477         (e) Manage the activities of public-private partnerships
  478  and state agencies in order to avoid duplication and promote
  479  coordinated and consistent implementation of programs in areas
  480  including, but not limited to, tourism; international trade and
  481  investment; business recruitment, creation, retention, and
  482  expansion; minority and small business development; defense,
  483  space, and aerospace development; rural community development;
  484  and the development and promotion of professional and amateur
  485  sporting events.
  486         (f) Coordinate with state agencies on the processing of
  487  state development approvals or permits to minimize the
  488  duplication of information provided by the applicant and the
  489  time before approval or disapproval.
  490         (g) Notwithstanding part I of chapter 287, contract with
  491  the direct-support organization created under s. 288.1229 to
  492  guide, stimulate, and promote the sports industry in this state,
  493  to promote the participation of residents of this state in
  494  amateur athletic competition, and to promote this state as a
  495  host for national and international amateur athletic
  496  competitions.
  497         (h) Encourage and oversee the coordination of international
  498  trade development efforts of public institutions, business
  499  associations, economic development councils, and private
  500  industry. Notwithstanding part I of chapter 287, the department
  501  shall contract with the direct-support organization created
  502  under s. 288.012 to assist with coordination, provide services
  503  through State of Florida international offices, and assist in
  504  developing and carrying out the 5-year statewide strategic plan
  505  as it relates to foreign investment, international partnerships,
  506  and other international business and trade development.
  507         (i)Support Florida’s defense, space, and aerospace
  508  industries, including research and development, and strengthen
  509  this state’s existing leadership in defense, space, and
  510  aerospace activity and economic growth.
  511         (5) The divisions within the department have specific
  512  responsibilities to achieve the duties, responsibilities, and
  513  goals of the department. Specifically:
  514         (a) The Division of Economic Strategic Business Development
  515  shall:
  516         1. Analyze and evaluate business prospects identified by
  517  the Governor and, the secretary, and Enterprise Florida, Inc.
  518         2. Administer certain tax refund, tax credit, and grant
  519  programs created in law. Notwithstanding any other provision of
  520  law, the department may expend interest earned from the
  521  investment of program funds deposited in the Grants and
  522  Donations Trust Fund to contract for the administration of those
  523  programs, or portions of the programs, assigned to the
  524  department by law, by the appropriations process, or by the
  525  Governor. Such expenditures shall be subject to review under
  526  chapter 216.
  527         3. Develop measurement protocols for the state incentive
  528  programs and for the contracted entities which will be used to
  529  determine their performance and competitive value to the state.
  530  Performance measures, benchmarks, and sanctions must be
  531  developed in consultation with the legislative appropriations
  532  committees and the appropriate substantive committees, and are
  533  subject to the review and approval process provided in s.
  534  216.177. The approved performance measures, standards, and
  535  sanctions shall be included and made a part of the strategic
  536  plan for contracts entered into for delivery of programs
  537  authorized by this section.
  538         4. Develop a 5-year statewide strategic plan. The strategic
  539  plan must include, but need not be limited to:
  540         a. Strategies for the promotion of business formation,
  541  expansion, recruitment, and retention through aggressive
  542  marketing, attraction of venture capital and finance
  543  development, domestic trade, international development, and
  544  export assistance, which lead to more and better jobs and higher
  545  wages for all geographic regions, disadvantaged communities, and
  546  populations of the state, including rural areas, minority
  547  businesses, and urban core areas.
  548         b. The development of realistic policies and programs to
  549  further the economic diversity of the state, its regions, and
  550  their associated industrial clusters.
  551         c. Specific provisions for the stimulation of economic
  552  development and job creation in rural areas and midsize cities
  553  and counties of the state, including strategies for rural
  554  marketing and the development of infrastructure in rural areas.
  555         d. Provisions for the promotion of the successful long-term
  556  economic development of the state with increased emphasis in
  557  market research and information.
  558         e. Plans for the generation of foreign investment in the
  559  state which create jobs paying above-average wages and which
  560  result in reverse investment in the state, including programs
  561  that establish viable overseas markets, assist in meeting the
  562  financing requirements of export-ready firms, broaden
  563  opportunities for international joint venture relationships, use
  564  the resources of academic and other institutions, coordinate
  565  trade assistance and facilitation services, and facilitate
  566  availability of and access to education and training programs
  567  that assure requisite skills and competencies necessary to
  568  compete successfully in the global marketplace.
  569         f. The identification of business sectors that are of
  570  current or future importance to the state’s economy and to the
  571  state’s global business image, and development of specific
  572  strategies to promote the development of such sectors.
  573         g. Strategies for talent development necessary in the state
  574  to encourage economic development growth, taking into account
  575  factors such as the state’s talent supply chain, education and
  576  training opportunities, and available workforce.
  577         h.Strategies and plans to support this state’s defense,
  578  space, and aerospace industries and the emerging complementary
  579  business activities and industries that support the development
  580  and growth of defense, space, and aerospace in this state.
  581         5. Update the strategic plan every 5 years.
  582         6. Involve Enterprise Florida, Inc.; CareerSource Florida,
  583  Inc.; direct-support organizations of the department; local
  584  governments; the general public; local and regional economic
  585  development organizations; other local, state, and federal
  586  economic, international, and workforce development entities; the
  587  business community; and educational institutions to assist with
  588  the strategic plan.
  589         7. Coordinate with the Florida Tourism Industry Marketing
  590  Corporation in the development of the 4-year marketing plan
  591  required by s. 288.12261.
  592         (b) The Division of Community Development shall:
  593         1. Assist local governments and their communities in
  594  finding creative planning solutions to help them foster vibrant,
  595  healthy communities, while protecting the functions of important
  596  state resources and facilities.
  597         2. Administer state and federal grant programs as provided
  598  by law to provide community development and project planning
  599  activities to maintain viable communities, revitalize existing
  600  communities, and expand economic development and employment
  601  opportunities, including:
  602         a. The Community Services Block Grant Program.
  603         b. The Community Development Block Grant Program in chapter
  604  290.
  605         c. The Low-Income Home Energy Assistance Program in chapter
  606  409.
  607         d. The Weatherization Assistance Program in chapter 409.
  608         e. The Neighborhood Stabilization Program.
  609         f. The local comprehensive planning process and the
  610  development of regional impact process.
  611         g. The Front Porch Florida Initiative through the Office of
  612  Urban Opportunity, which is created within the division. The
  613  purpose of the office is to administer the Front Porch Florida
  614  initiative, a comprehensive, community-based urban core
  615  redevelopment program that enables urban core residents to craft
  616  solutions to the unique challenges of each designated community.
  617         3. Assist in developing the 5-year statewide strategic plan
  618  required by this section.
  619         (c) The Division of Workforce Services shall:
  620         1. Prepare and submit a unified budget request for
  621  workforce development in accordance with chapter 216 for, and in
  622  conjunction with, the state board as defined in s. 445.002.
  623         2. Ensure that the state appropriately administers federal
  624  and state workforce funding by administering plans and policies
  625  of the state board as defined in s. 445.002. The operating
  626  budget and midyear amendments thereto must be part of such
  627  contract.
  628         a. All program and fiscal instructions to local workforce
  629  development boards shall emanate from the Department of Commerce
  630  Economic Opportunity pursuant to plans and policies of the state
  631  board as defined in s. 445.002, which shall be responsible for
  632  all policy directions to the local workforce development boards.
  633         b. Unless otherwise provided by agreement with the state
  634  board as defined in s. 445.002, administrative and personnel
  635  policies of the Department of Commerce Economic Opportunity
  636  apply.
  637         3. Implement the state’s reemployment assistance program.
  638  The Department of Commerce Economic Opportunity shall ensure
  639  that the state appropriately administers the reemployment
  640  assistance program pursuant to state and federal law.
  641         4. Assist in developing the 5-year statewide strategic plan
  642  required by this section, including identifying education and
  643  training programs to ensure that the state has the skilled and
  644  competent workforce necessary to attract and grow business in
  645  this state and allow them to compete successfully in domestic
  646  and global markets.
  647         (6)(a) The Department of Commerce Economic Opportunity is
  648  the administrative agency designated for receipt of federal
  649  workforce development grants and other federal funds. The
  650  department shall administer the duties and responsibilities
  651  assigned by the Governor under each federal grant assigned to
  652  the department. The department shall expend each revenue source
  653  as provided by federal and state law and as provided in plans
  654  developed by and agreements with the state board as defined in
  655  s. 445.002. The department may serve as the contract
  656  administrator for contracts entered into by the state board
  657  under s. 445.004(5).
  658         (b) The Department of Commerce Economic Opportunity shall
  659  serve as the designated agency for purposes of each federal
  660  workforce development grant assigned to it for administration.
  661  The department shall carry out the duties assigned to it by the
  662  Governor, under the terms and conditions of each grant. The
  663  department shall have the level of authority and autonomy
  664  necessary to be the designated recipient of each federal grant
  665  assigned to it and shall disburse such grants pursuant to the
  666  plans and policies of the state board as defined in s. 445.002.
  667  The secretary may, upon delegation from the Governor and
  668  pursuant to agreement with the state board, sign contracts,
  669  grants, and other instruments as necessary to execute functions
  670  assigned to the department. Notwithstanding other provisions of
  671  law, the department shall administer other programs funded by
  672  federal or state appropriations, as determined by the
  673  Legislature in the General Appropriations Act or other law.
  674         (7) The department may provide or contract for training for
  675  employees of administrative entities and case managers of any
  676  contracted providers to ensure they have the necessary
  677  competencies and skills to provide adequate administrative
  678  oversight and delivery of the full array of client services.
  679         (8) The Reemployment Assistance Appeals Commission,
  680  authorized by s. 443.012, is not subject to control,
  681  supervision, or direction by the department in the performance
  682  of its powers and duties but shall receive any and all support
  683  and assistance from the department which is required for the
  684  performance of its duties.
  685         (9) The secretary shall:
  686         (a) Manage all activities and responsibilities of the
  687  department.
  688         (b) Serve as the manager for the state with respect to
  689  contracts with Enterprise Florida, Inc., and all applicable
  690  direct-support organizations. To accomplish the provisions of
  691  this section and applicable provisions of chapter 288, and
  692  notwithstanding the provisions of part I of chapter 287, the
  693  secretary shall enter into specific contracts with Enterprise
  694  Florida, Inc., and other appropriate direct-support
  695  organizations. Such contracts may be for multiyear terms and
  696  must include specific performance measures for each year. For
  697  purposes of this section, the Florida Tourism Industry Marketing
  698  Corporation and the Institute for Commercialization of Florida
  699  Technology is are not an appropriate direct-support organization
  700  organizations.
  701         (c) Serve as a member of the board of directors of the
  702  Florida Development Finance Corporation. The secretary may
  703  designate an employee of the department to serve in this
  704  capacity.
  705         (10) The department, with assistance from Enterprise
  706  Florida, Inc., shall, by November 1 of each year, submit an
  707  annual report to the Governor, the President of the Senate, and
  708  the Speaker of the House of Representatives on the condition of
  709  the business climate and economic development in the state.
  710         (a) The report must include the identification of problems
  711  and a prioritized list of recommendations.
  712         (b) The department shall collect and maintain data on the
  713  development and utilization of the international trade
  714  development program for inclusion in the report.
  715         (c) The report must incorporate annual reports of other
  716  programs, including:
  717         1.Information provided by the Department of Revenue under
  718  s. 290.014.
  719         2.Information provided by enterprise zone development
  720  agencies under s. 290.0056 and an analysis of the activities and
  721  accomplishments of each enterprise zone.
  722         3.The Economic Gardening Business Loan Pilot Program
  723  established under s. 288.1081 and the Economic Gardening
  724  Technical Assistance Pilot Program established under s.
  725  288.1082.
  726         1.4. A detailed report of the performance of the Black
  727  Business Loan Program and a cumulative summary of quarterly
  728  report data required under s. 288.714.
  729         2.5. The Rural Economic Development Initiative established
  730  under s. 288.0656.
  731         3.6. The Florida Unique Abilities Partner Program.
  732         4.7. A detailed report of the performance of the Florida
  733  Development Finance Corporation and a summary of the
  734  corporation’s report required under s. 288.9610.
  735         (11) The department shall establish annual performance
  736  standards for Enterprise Florida, Inc.; CareerSource Florida,
  737  Inc.; the Florida Tourism Industry Marketing Corporation; Space
  738  Florida; and the Florida Development Finance Corporation; and
  739  any other direct-support organization of the department and
  740  report annually on how these performance measures are being met
  741  in the annual report required under subsection (10).
  742         (12) The department shall have an official seal by which
  743  its records, orders, and proceedings are authenticated. The seal
  744  shall be judicially noticed.
  745         (13) The department shall administer the role of state
  746  government under part I of chapter 421, relating to public
  747  housing; chapter 422, relating to housing cooperation law; and
  748  chapter 423, tax exemption of housing authorities. The
  749  department is the agency of state government responsible for the
  750  state’s role in housing and urban development.
  751         Section 11. Section 20.601, Florida Statutes, is repealed.
  752         Section 12. Subsection (11) of section 159.803, Florida
  753  Statutes, is amended to read:
  754         159.803 Definitions.—As used in this part, the term:
  755         (11) “Florida First Business project” means any project
  756  which is certified by the Department of Commerce Economic
  757  Opportunity as eligible to receive an allocation from the
  758  Florida First Business allocation pool established pursuant to
  759  s. 159.8083. The Department of Commerce Economic Opportunity may
  760  certify those projects proposed by a business which qualify as a
  761  target industry business as defined in s. 288.005 meeting the
  762  criteria set forth in s. 288.106(4)(b) or any project providing
  763  a substantial economic benefit to this state. The department
  764  shall develop measurement protocols and performance measures to
  765  determine what competitive value a project by a target industry
  766  business will bring to the state pursuant to ss. 20.60(5)(a)3.
  767  and 288.061(2).
  768         Section 13. Section 189.033, Florida Statutes, is amended
  769  to read:
  770         189.033 Independent special district services in
  771  disproportionally affected county; rate reduction for providers
  772  providing economic benefits.—If the governing body of an
  773  independent special district that provides water, wastewater,
  774  and sanitation services in a disproportionally affected county,
  775  as defined in s. 288.106(8), determines that a new user or the
  776  expansion of an existing user of one or more of its utility
  777  systems will provide a significant benefit to the community in
  778  terms of increased job opportunities, economies of scale, or
  779  economic development in the area, the governing body may
  780  authorize a reduction of its rates, fees, or charges for that
  781  user for a specified period of time. A governing body that
  782  exercises this power must do so by resolution that states the
  783  anticipated economic benefit justifying the reduction as well as
  784  the period of time that the reduction will remain in place. As
  785  used in this section, the term “disproportionally affected
  786  county” means Bay County, Escambia County, Franklin County, Gulf
  787  County, Okaloosa County, Santa Rosa County, Walton County, or
  788  Wakulla County.
  789         Section 14. Paragraph (a) of subsection (14) of section
  790  196.012, Florida Statutes, is amended, to read:
  791         196.012 Definitions.—For the purpose of this chapter, the
  792  following terms are defined as follows, except where the context
  793  clearly indicates otherwise:
  794         (14) “New business” means:
  795         (a)1. A business or organization establishing 10 or more
  796  new jobs to employ 10 or more full-time employees in this state,
  797  paying an average wage for such new jobs that is above the
  798  average wage in the area, which principally engages in any one
  799  or more of the following operations:
  800         a. Manufactures, processes, compounds, fabricates, or
  801  produces for sale items of tangible personal property at a fixed
  802  location and which comprises an industrial or manufacturing
  803  plant; or
  804         b. Is a target industry business as defined in s. 288.005
  805  s. 288.106(2)(q);
  806         2. A business or organization establishing 25 or more new
  807  jobs to employ 25 or more full-time employees in this state, the
  808  sales factor of which, as defined by s. 220.15(5), for the
  809  facility with respect to which it requests an economic
  810  development ad valorem tax exemption is less than 0.50 for each
  811  year the exemption is claimed; or
  812         3. An office space in this state owned and used by a
  813  business or organization newly domiciled in this state; provided
  814  such office space houses 50 or more full-time employees of such
  815  business or organization; provided that such business or
  816  organization office first begins operation on a site clearly
  817  separate from any other commercial or industrial operation owned
  818  by the same business or organization.
  819         Section 15. Paragraphs (j) and (q) of subsection (5) of
  820  section 212.08, Florida Statutes, are amended to read:
  821         212.08 Sales, rental, use, consumption, distribution, and
  822  storage tax; specified exemptions.—The sale at retail, the
  823  rental, the use, the consumption, the distribution, and the
  824  storage to be used or consumed in this state of the following
  825  are hereby specifically exempt from the tax imposed by this
  826  chapter.
  827         (5) EXEMPTIONS; ACCOUNT OF USE.—
  828         (j) Machinery and equipment used in semiconductor, defense,
  829  or space technology production.—
  830         1.a. Industrial machinery and equipment used in
  831  semiconductor technology facilities certified under subparagraph
  832  5. to manufacture, process, compound, or produce semiconductor
  833  technology products for sale or for use by these facilities are
  834  exempt from the tax imposed by this chapter. For purposes of
  835  this paragraph, industrial machinery and equipment includes
  836  molds, dies, machine tooling, other appurtenances or accessories
  837  to machinery and equipment, testing equipment, test beds,
  838  computers, and software, whether purchased or self-fabricated,
  839  and, if self-fabricated, includes materials and labor for
  840  design, fabrication, and assembly.
  841         b. Industrial machinery and equipment used in defense or
  842  space technology facilities certified under subparagraph 5. to
  843  design, manufacture, assemble, process, compound, or produce
  844  defense technology products or space technology products for
  845  sale or for use by these facilities are exempt from the tax
  846  imposed by this chapter.
  847         2. Building materials purchased for use in manufacturing or
  848  expanding clean rooms in semiconductor-manufacturing facilities
  849  are exempt from the tax imposed by this chapter.
  850         3. In addition to meeting the criteria mandated by
  851  subparagraph 1. or subparagraph 2., a business must be certified
  852  by the Department of Commerce Economic Opportunity in order to
  853  qualify for exemption under this paragraph.
  854         4. For items purchased tax-exempt pursuant to this
  855  paragraph, possession of a written certification from the
  856  purchaser, certifying the purchaser’s entitlement to the
  857  exemption, relieves the seller of the responsibility of
  858  collecting the tax on the sale of such items, and the department
  859  shall look solely to the purchaser for recovery of the tax if it
  860  determines that the purchaser was not entitled to the exemption.
  861         5.a. To be eligible to receive the exemption provided by
  862  subparagraph 1. or subparagraph 2., a qualifying business entity
  863  shall initially apply to the Department of Commerce Enterprise
  864  Florida, Inc. The original certification is valid for a period
  865  of 2 years. In lieu of submitting a new application, the
  866  original certification may be renewed biennially by submitting
  867  to the Department of Commerce Economic Opportunity a statement,
  868  certified under oath, that there has not been a material change
  869  in the conditions or circumstances entitling the business entity
  870  to the original certification. The initial application and the
  871  certification renewal statement shall be developed by the
  872  Department of Commerce Economic Opportunity.
  873         b. The Division of Economic Strategic Business Development
  874  of the Department of Commerce Economic Opportunity shall review
  875  each submitted initial application and determine whether or not
  876  the application is complete within 5 working days. Once
  877  complete, the division shall, within 10 working days, evaluate
  878  the application and recommend approval or disapproval to the
  879  Department of Commerce Economic Opportunity.
  880         c. Upon receipt of the initial application and
  881  recommendation from the division or upon receipt of a
  882  certification renewal statement, the Department of Commerce
  883  Economic Opportunity shall certify within 5 working days those
  884  applicants who are found to meet the requirements of this
  885  section and notify the applicant of the original certification
  886  or certification renewal. If the Department of Commerce Economic
  887  Opportunity finds that the applicant does not meet the
  888  requirements, it shall notify the applicant and Enterprise
  889  Florida, Inc., within 10 working days that the application for
  890  certification has been denied and the reasons for denial. The
  891  Department of Commerce Economic Opportunity has final approval
  892  authority for certification under this section.
  893         d. The initial application and certification renewal
  894  statement must indicate, for program evaluation purposes only,
  895  the average number of full-time equivalent employees at the
  896  facility over the preceding calendar year, the average wage and
  897  benefits paid to those employees over the preceding calendar
  898  year, the total investment made in real and tangible personal
  899  property over the preceding calendar year, and the total value
  900  of tax-exempt purchases and taxes exempted during the previous
  901  year. The department shall assist the Department of Commerce
  902  Economic Opportunity in evaluating and verifying information
  903  provided in the application for exemption.
  904         e. The Department of Commerce Economic Opportunity may use
  905  the information reported on the initial application and
  906  certification renewal statement for evaluation purposes only.
  907         6. A business certified to receive this exemption may elect
  908  to designate one or more state universities or community
  909  colleges as recipients of up to 100 percent of the amount of the
  910  exemption. To receive these funds, the institution must agree to
  911  match the funds with equivalent cash, programs, services, or
  912  other in-kind support on a one-to-one basis for research and
  913  development projects requested by the certified business. The
  914  rights to any patents, royalties, or real or intellectual
  915  property must be vested in the business unless otherwise agreed
  916  to by the business and the university or community college.
  917         7. As used in this paragraph, the term:
  918         a. “Semiconductor technology products” means raw
  919  semiconductor wafers or semiconductor thin films that are
  920  transformed into semiconductor memory or logic wafers, including
  921  wafers containing mixed memory and logic circuits; related
  922  assembly and test operations; active-matrix flat panel displays;
  923  semiconductor chips; semiconductor lasers; optoelectronic
  924  elements; and related semiconductor technology products as
  925  determined by the Department of Commerce Economic Opportunity.
  926         b. “Clean rooms” means manufacturing facilities enclosed in
  927  a manner that meets the clean manufacturing requirements
  928  necessary for high-technology semiconductor-manufacturing
  929  environments.
  930         c. “Defense technology products” means products that have a
  931  military application, including, but not limited to, weapons,
  932  weapons systems, guidance systems, surveillance systems,
  933  communications or information systems, munitions, aircraft,
  934  vessels, or boats, or components thereof, which are intended for
  935  military use and manufactured in performance of a contract with
  936  the United States Department of Defense or the military branch
  937  of a recognized foreign government or a subcontract thereunder
  938  which relates to matters of national defense.
  939         d. “Space technology products” means products that are
  940  specifically designed or manufactured for application in space
  941  activities, including, but not limited to, space launch
  942  vehicles, space flight vehicles, missiles, satellites or
  943  research payloads, avionics, and associated control systems and
  944  processing systems and components of any of the foregoing. The
  945  term does not include products that are designed or manufactured
  946  for general commercial aviation or other uses even though those
  947  products may also serve an incidental use in space applications.
  948         (q)Entertainment industry tax credit; authorization;
  949  eligibility for credits.—The credits against the state sales tax
  950  authorized pursuant to s. 288.1254 shall be deducted from any
  951  sales and use tax remitted by the dealer to the department by
  952  electronic funds transfer and may only be deducted on a sales
  953  and use tax return initiated through electronic data
  954  interchange. The dealer shall separately state the credit on the
  955  electronic return. The net amount of tax due and payable must be
  956  remitted by electronic funds transfer. If the credit for the
  957  qualified expenditures is larger than the amount owed on the
  958  sales and use tax return that is eligible for the credit, the
  959  unused amount of the credit may be carried forward to a
  960  succeeding reporting period as provided in s. 288.1254(4)(e). A
  961  dealer may only obtain a credit using the method described in
  962  this subparagraph. A dealer is not authorized to obtain a credit
  963  by applying for a refund.
  964         Section 16. Paragraph (a) of subsection (1) of section
  965  212.098, Florida Statutes, is amended to read:
  966         212.098 Rural Job Tax Credit Program.—
  967         (1) As used in this section, the term:
  968         (a) “Eligible business” means any sole proprietorship,
  969  firm, partnership, or corporation that is located in a qualified
  970  county and is predominantly engaged in, or is headquarters for a
  971  business predominantly engaged in, activities usually provided
  972  for consideration by firms classified within the following
  973  standard industrial classifications: SIC 01-SIC 09 (agriculture,
  974  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 422
  975  (public warehousing and storage); SIC 70 (hotels and other
  976  lodging places); SIC 7391 (research and development); SIC 781
  977  (motion picture production and allied services); SIC 7992
  978  (public golf courses); and SIC 7996 (amusement parks); and a
  979  targeted industry eligible for the qualified target industry
  980  business tax refund under s. 288.106. A call center or similar
  981  customer service operation that services a multistate market or
  982  an international market is also an eligible business. In
  983  addition, the Department of Commerce Economic Opportunity may,
  984  as part of its final budget request submitted pursuant to s.
  985  216.023, recommend additions to or deletions from the list of
  986  standard industrial classifications used to determine an
  987  eligible business, and the Legislature may implement such
  988  recommendations. Excluded from eligible receipts are receipts
  989  from retail sales, except such receipts for hotels and other
  990  lodging places classified in SIC 70, public golf courses in SIC
  991  7992, and amusement parks in SIC 7996. For purposes of this
  992  paragraph, the term “predominantly” means that more than 50
  993  percent of the business’s gross receipts from all sources is
  994  generated by those activities usually provided for consideration
  995  by firms in the specified standard industrial classification.
  996  The determination of whether the business is located in a
  997  qualified county and the tier ranking of that county must be
  998  based on the date of application for the credit under this
  999  section. Commonly owned and controlled entities are to be
 1000  considered a single business entity.
 1001         Section 17. Paragraph (d) of subsection (6) of section
 1002  212.20, Florida Statutes, is amended to read:
 1003         212.20 Funds collected, disposition; additional powers of
 1004  department; operational expense; refund of taxes adjudicated
 1005  unconstitutionally collected.—
 1006         (6) Distribution of all proceeds under this chapter and ss.
 1007  202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
 1008         (d) The proceeds of all other taxes and fees imposed
 1009  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
 1010  and (2)(b) shall be distributed as follows:
 1011         1. In any fiscal year, the greater of $500 million, minus
 1012  an amount equal to 4.6 percent of the proceeds of the taxes
 1013  collected pursuant to chapter 201, or 5.2 percent of all other
 1014  taxes and fees imposed pursuant to this chapter or remitted
 1015  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
 1016  monthly installments into the General Revenue Fund.
 1017         2. After the distribution under subparagraph 1., 8.9744
 1018  percent of the amount remitted by a sales tax dealer located
 1019  within a participating county pursuant to s. 218.61 shall be
 1020  transferred into the Local Government Half-cent Sales Tax
 1021  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
 1022  transferred shall be reduced by 0.1 percent, and the department
 1023  shall distribute this amount to the Public Employees Relations
 1024  Commission Trust Fund less $5,000 each month, which shall be
 1025  added to the amount calculated in subparagraph 3. and
 1026  distributed accordingly.
 1027         3. After the distribution under subparagraphs 1. and 2.,
 1028  0.0966 percent shall be transferred to the Local Government
 1029  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
 1030  to s. 218.65.
 1031         4. After the distributions under subparagraphs 1., 2., and
 1032  3., 2.0810 percent of the available proceeds shall be
 1033  transferred monthly to the Revenue Sharing Trust Fund for
 1034  Counties pursuant to s. 218.215.
 1035         5. After the distributions under subparagraphs 1., 2., and
 1036  3., 1.3653 percent of the available proceeds shall be
 1037  transferred monthly to the Revenue Sharing Trust Fund for
 1038  Municipalities pursuant to s. 218.215. If the total revenue to
 1039  be distributed pursuant to this subparagraph is at least as
 1040  great as the amount due from the Revenue Sharing Trust Fund for
 1041  Municipalities and the former Municipal Financial Assistance
 1042  Trust Fund in state fiscal year 1999-2000, no municipality shall
 1043  receive less than the amount due from the Revenue Sharing Trust
 1044  Fund for Municipalities and the former Municipal Financial
 1045  Assistance Trust Fund in state fiscal year 1999-2000. If the
 1046  total proceeds to be distributed are less than the amount
 1047  received in combination from the Revenue Sharing Trust Fund for
 1048  Municipalities and the former Municipal Financial Assistance
 1049  Trust Fund in state fiscal year 1999-2000, each municipality
 1050  shall receive an amount proportionate to the amount it was due
 1051  in state fiscal year 1999-2000.
 1052         6. Of the remaining proceeds:
 1053         a. In each fiscal year, the sum of $29,915,500 shall be
 1054  divided into as many equal parts as there are counties in the
 1055  state, and one part shall be distributed to each county. The
 1056  distribution among the several counties must begin each fiscal
 1057  year on or before January 5th and continue monthly for a total
 1058  of 4 months. If a local or special law required that any moneys
 1059  accruing to a county in fiscal year 1999-2000 under the then
 1060  existing provisions of s. 550.135 be paid directly to the
 1061  district school board, special district, or a municipal
 1062  government, such payment must continue until the local or
 1063  special law is amended or repealed. The state covenants with
 1064  holders of bonds or other instruments of indebtedness issued by
 1065  local governments, special districts, or district school boards
 1066  before July 1, 2000, that it is not the intent of this
 1067  subparagraph to adversely affect the rights of those holders or
 1068  relieve local governments, special districts, or district school
 1069  boards of the duty to meet their obligations as a result of
 1070  previous pledges or assignments or trusts entered into which
 1071  obligated funds received from the distribution to county
 1072  governments under then-existing s. 550.135. This distribution
 1073  specifically is in lieu of funds distributed under s. 550.135
 1074  before July 1, 2000.
 1075         b. The department shall distribute $166,667 monthly to each
 1076  applicant certified as a facility for a new or retained
 1077  professional sports franchise pursuant to s. 288.1162. Up to
 1078  $41,667 shall be distributed monthly by the department to each
 1079  certified applicant as defined in s. 288.11621 for a facility
 1080  for a spring training franchise. However, not more than $416,670
 1081  may be distributed monthly in the aggregate to all certified
 1082  applicants for facilities for spring training franchises.
 1083  Distributions begin 60 days after such certification and
 1084  continue for not more than 30 years, except as otherwise
 1085  provided in s. 288.11621. A certified applicant identified in
 1086  this sub-subparagraph may not receive more in distributions than
 1087  expended by the applicant for the public purposes provided in s.
 1088  288.1162(5) or s. 288.11621(3).
 1089         c.Beginning 30 days after notice by the Department of
 1090  Economic Opportunity to the Department of Revenue that an
 1091  applicant has been certified as the professional golf hall of
 1092  fame pursuant to s. 288.1168 and is open to the public, $166,667
 1093  shall be distributed monthly, for up to 300 months, to the
 1094  applicant.
 1095         d.Beginning 30 days after notice by the Department of
 1096  Economic Opportunity to the Department of Revenue that the
 1097  applicant has been certified as the International Game Fish
 1098  Association World Center facility pursuant to s. 288.1169, and
 1099  the facility is open to the public, $83,333 shall be distributed
 1100  monthly, for up to 168 months, to the applicant. This
 1101  distribution is subject to reduction pursuant to s. 288.1169.
 1102         c.e. The department shall distribute up to $83,333 monthly
 1103  to each certified applicant as defined in s. 288.11631 for a
 1104  facility used by a single spring training franchise, or up to
 1105  $166,667 monthly to each certified applicant as defined in s.
 1106  288.11631 for a facility used by more than one spring training
 1107  franchise. Monthly distributions begin 60 days after such
 1108  certification or July 1, 2016, whichever is later, and continue
 1109  for not more than 20 years to each certified applicant as
 1110  defined in s. 288.11631 for a facility used by a single spring
 1111  training franchise or not more than 25 years to each certified
 1112  applicant as defined in s. 288.11631 for a facility used by more
 1113  than one spring training franchise. A certified applicant
 1114  identified in this sub-subparagraph may not receive more in
 1115  distributions than expended by the applicant for the public
 1116  purposes provided in s. 288.11631(3).
 1117         d.f. The Department shall distribute $15,333 monthly to the
 1118  State Transportation Trust Fund.
 1119         e.g.(I) On or before July 25, 2021, August 25, 2021, and
 1120  September 25, 2021, the department shall distribute $324,533,334
 1121  in each of those months to the Unemployment Compensation Trust
 1122  Fund, less an adjustment for refunds issued from the General
 1123  Revenue Fund pursuant to s. 443.131(3)(e)3. before making the
 1124  distribution. The adjustments made by the department to the
 1125  total distributions shall be equal to the total refunds made
 1126  pursuant to s. 443.131(3)(e)3. If the amount of refunds to be
 1127  subtracted from any single distribution exceeds the
 1128  distribution, the department may not make that distribution and
 1129  must subtract the remaining balance from the next distribution.
 1130         (II) Beginning July 2022, and on or before the 25th day of
 1131  each month, the department shall distribute $90 million monthly
 1132  to the Unemployment Compensation Trust Fund.
 1133         (III) If the ending balance of the Unemployment
 1134  Compensation Trust Fund exceeds $4,071,519,600 on the last day
 1135  of any month, as determined from United States Department of the
 1136  Treasury data, the Office of Economic and Demographic Research
 1137  shall certify to the department that the ending balance of the
 1138  trust fund exceeds such amount.
 1139         (IV) This sub-subparagraph is repealed, and the department
 1140  shall end monthly distributions under sub-sub-subparagraph (II),
 1141  on the date the department receives certification under sub-sub
 1142  subparagraph (III).
 1143         7. All other proceeds must remain in the General Revenue
 1144  Fund.
 1145         Section 18. Section 212.205, Florida Statutes, is amended
 1146  to read:
 1147         212.205 Sales tax distribution reporting.—By March 15 of
 1148  each year, each person who received a distribution pursuant to
 1149  s. 212.20(6)(d)6.b. and c. s. 212.20(6)(d)6.b.-e. in the
 1150  preceding calendar year shall report to the Office of Economic
 1151  and Demographic Research the following information:
 1152         (1) An itemized accounting of all expenditures of the funds
 1153  distributed in the preceding calendar year, including amounts
 1154  spent on debt service.
 1155         (2) A statement indicating what portion of the distributed
 1156  funds have been pledged for debt service.
 1157         (3) The original principal amount and current debt service
 1158  schedule of any bonds or other borrowing for which the
 1159  distributed funds have been pledged for debt service.
 1160         Section 19. Paragraph (aa) of subsection (8) of section
 1161  213.053, Florida Statutes, is amended to read:
 1162         213.053 Confidentiality and information sharing.—
 1163         (8) Notwithstanding any other provision of this section,
 1164  the department may provide:
 1165         (aa) Information relating to tax credits taken under s.
 1166  220.194 to Space Florida.
 1167  
 1168  Disclosure of information under this subsection shall be
 1169  pursuant to a written agreement between the executive director
 1170  and the agency. Such agencies, governmental or nongovernmental,
 1171  shall be bound by the same requirements of confidentiality as
 1172  the Department of Revenue. Breach of confidentiality is a
 1173  misdemeanor of the first degree, punishable as provided by s.
 1174  775.082 or s. 775.083.
 1175         Section 20. Subsection (8) of section 220.02, Florida
 1176  Statutes, is amended to read:
 1177         220.02 Legislative intent.—
 1178         (8) It is the intent of the Legislature that credits
 1179  against either the corporate income tax or the franchise tax be
 1180  applied in the following order: those enumerated in s. 631.828,
 1181  those enumerated in s. 220.191, those enumerated in s. 220.181,
 1182  those enumerated in s. 220.183, those enumerated in s. 220.182,
 1183  those enumerated in s. 220.1895, those enumerated in s. 220.195,
 1184  those enumerated in s. 220.184, those enumerated in s. 220.186,
 1185  those enumerated in s. 220.1845, those enumerated in s. 220.19,
 1186  those enumerated in s. 220.185, those enumerated in s. 220.1875,
 1187  those enumerated in s. 220.1876, those enumerated in s.
 1188  220.1877, those enumerated in s. 220.193, those enumerated in
 1189  former s. 288.9916, those enumerated in s. 220.1899, those
 1190  enumerated in s. 220.194, those enumerated in s. 220.196, those
 1191  enumerated in s. 220.198, and those enumerated in s. 220.1915.
 1192         Section 21. Paragraphs (a) and (b) of subsection (1) of
 1193  section 220.13, Florida Statutes, are amended to read:
 1194         220.13 “Adjusted federal income” defined.—
 1195         (1) The term “adjusted federal income” means an amount
 1196  equal to the taxpayer’s taxable income as defined in subsection
 1197  (2), or such taxable income of more than one taxpayer as
 1198  provided in s. 220.131, for the taxable year, adjusted as
 1199  follows:
 1200         (a) Additions.—There shall be added to such taxable income:
 1201         1.a. The amount of any tax upon or measured by income,
 1202  excluding taxes based on gross receipts or revenues, paid or
 1203  accrued as a liability to the District of Columbia or any state
 1204  of the United States which is deductible from gross income in
 1205  the computation of taxable income for the taxable year.
 1206         b. Notwithstanding sub-subparagraph a., if a credit taken
 1207  under s. 220.1875, s. 220.1876, or s. 220.1877 is added to
 1208  taxable income in a previous taxable year under subparagraph 11.
 1209  and is taken as a deduction for federal tax purposes in the
 1210  current taxable year, the amount of the deduction allowed shall
 1211  not be added to taxable income in the current year. The
 1212  exception in this sub-subparagraph is intended to ensure that
 1213  the credit under s. 220.1875, s. 220.1876, or s. 220.1877 is
 1214  added in the applicable taxable year and does not result in a
 1215  duplicate addition in a subsequent year.
 1216         2. The amount of interest which is excluded from taxable
 1217  income under s. 103(a) of the Internal Revenue Code or any other
 1218  federal law, less the associated expenses disallowed in the
 1219  computation of taxable income under s. 265 of the Internal
 1220  Revenue Code or any other law, excluding 60 percent of any
 1221  amounts included in alternative minimum taxable income, as
 1222  defined in s. 55(b)(2) of the Internal Revenue Code, if the
 1223  taxpayer pays tax under s. 220.11(3).
 1224         3. In the case of a regulated investment company or real
 1225  estate investment trust, an amount equal to the excess of the
 1226  net long-term capital gain for the taxable year over the amount
 1227  of the capital gain dividends attributable to the taxable year.
 1228         4. That portion of the wages or salaries paid or incurred
 1229  for the taxable year which is equal to the amount of the credit
 1230  allowable for the taxable year under s. 220.181. This
 1231  subparagraph shall expire on the date specified in s. 290.016
 1232  for the expiration of the Florida Enterprise Zone Act.
 1233         5. That portion of the ad valorem school taxes paid or
 1234  incurred for the taxable year which is equal to the amount of
 1235  the credit allowable for the taxable year under s. 220.182. This
 1236  subparagraph shall expire on the date specified in s. 290.016
 1237  for the expiration of the Florida Enterprise Zone Act.
 1238         6. The amount taken as a credit under s. 220.195 which is
 1239  deductible from gross income in the computation of taxable
 1240  income for the taxable year.
 1241         7. That portion of assessments to fund a guaranty
 1242  association incurred for the taxable year which is equal to the
 1243  amount of the credit allowable for the taxable year.
 1244         8. In the case of a nonprofit corporation which holds a
 1245  pari-mutuel permit and which is exempt from federal income tax
 1246  as a farmers’ cooperative, an amount equal to the excess of the
 1247  gross income attributable to the pari-mutuel operations over the
 1248  attributable expenses for the taxable year.
 1249         9. The amount taken as a credit for the taxable year under
 1250  s. 220.1895.
 1251         10. Up to nine percent of the eligible basis of any
 1252  designated project which is equal to the credit allowable for
 1253  the taxable year under s. 220.185.
 1254         11. Any amount taken as a credit for the taxable year under
 1255  s. 220.1875, s. 220.1876, or s. 220.1877. The addition in this
 1256  subparagraph is intended to ensure that the same amount is not
 1257  allowed for the tax purposes of this state as both a deduction
 1258  from income and a credit against the tax. This addition is not
 1259  intended to result in adding the same expense back to income
 1260  more than once.
 1261         12. The amount taken as a credit for the taxable year under
 1262  s. 220.193.
 1263         13. Any portion of a qualified investment, as defined in
 1264  former s. 288.9913, which is claimed as a deduction by the
 1265  taxpayer and taken as a credit against income tax pursuant to
 1266  former s. 288.9916.
 1267         14.The costs to acquire a tax credit pursuant to s.
 1268  288.1254(5) that are deducted from or otherwise reduce federal
 1269  taxable income for the taxable year.
 1270         15.The amount taken as a credit for the taxable year
 1271  pursuant to s. 220.194.
 1272         14.16. The amount taken as a credit for the taxable year
 1273  under s. 220.196. The addition in this subparagraph is intended
 1274  to ensure that the same amount is not allowed for the tax
 1275  purposes of this state as both a deduction from income and a
 1276  credit against the tax. The addition is not intended to result
 1277  in adding the same expense back to income more than once.
 1278         15.17. The amount taken as a credit for the taxable year
 1279  pursuant to s. 220.198.
 1280         16.18. The amount taken as a credit for the taxable year
 1281  pursuant to s. 220.1915.
 1282         (b) Subtractions.—
 1283         1. There shall be subtracted from such taxable income:
 1284         a. The net operating loss deduction allowable for federal
 1285  income tax purposes under s. 172 of the Internal Revenue Code
 1286  for the taxable year, except that any net operating loss that is
 1287  transferred pursuant to s. 220.194(6) may not be deducted by the
 1288  seller,
 1289         b. The net capital loss allowable for federal income tax
 1290  purposes under s. 1212 of the Internal Revenue Code for the
 1291  taxable year,
 1292         c. The excess charitable contribution deduction allowable
 1293  for federal income tax purposes under s. 170(d)(2) of the
 1294  Internal Revenue Code for the taxable year, and
 1295         d. The excess contributions deductions allowable for
 1296  federal income tax purposes under s. 404 of the Internal Revenue
 1297  Code for the taxable year.
 1298  
 1299  However, a net operating loss and a capital loss shall never be
 1300  carried back as a deduction to a prior taxable year, but all
 1301  deductions attributable to such losses shall be deemed net
 1302  operating loss carryovers and capital loss carryovers,
 1303  respectively, and treated in the same manner, to the same
 1304  extent, and for the same time periods as are prescribed for such
 1305  carryovers in ss. 172 and 1212, respectively, of the Internal
 1306  Revenue Code.
 1307         2. There shall be subtracted from such taxable income any
 1308  amount to the extent included therein the following:
 1309         a. Dividends treated as received from sources without the
 1310  United States, as determined under s. 862 of the Internal
 1311  Revenue Code.
 1312         b. All amounts included in taxable income under s. 78, s.
 1313  951, or s. 951A of the Internal Revenue Code.
 1314  
 1315  However, any amount subtracted under this subparagraph is
 1316  allowed only to the extent such amount is not deductible in
 1317  determining federal taxable income. As to any amount subtracted
 1318  under this subparagraph, there shall be added to such taxable
 1319  income all expenses deducted on the taxpayer’s return for the
 1320  taxable year which are attributable, directly or indirectly, to
 1321  such subtracted amount. Further, no amount shall be subtracted
 1322  with respect to dividends paid or deemed paid by a Domestic
 1323  International Sales Corporation.
 1324         3. In computing “adjusted federal income” for taxable years
 1325  beginning after December 31, 1976, there shall be allowed as a
 1326  deduction the amount of wages and salaries paid or incurred
 1327  within this state for the taxable year for which no deduction is
 1328  allowed pursuant to s. 280C(a) of the Internal Revenue Code
 1329  (relating to credit for employment of certain new employees).
 1330         4. There shall be subtracted from such taxable income any
 1331  amount of nonbusiness income included therein.
 1332         5. There shall be subtracted any amount of taxes of foreign
 1333  countries allowable as credits for taxable years beginning on or
 1334  after September 1, 1985, under s. 901 of the Internal Revenue
 1335  Code to any corporation which derived less than 20 percent of
 1336  its gross income or loss for its taxable year ended in 1984 from
 1337  sources within the United States, as described in s.
 1338  861(a)(2)(A) of the Internal Revenue Code, not including credits
 1339  allowed under ss. 902 and 960 of the Internal Revenue Code,
 1340  withholding taxes on dividends within the meaning of sub
 1341  subparagraph 2.a., and withholding taxes on royalties, interest,
 1342  technical service fees, and capital gains.
 1343         6. Notwithstanding any other provision of this code, except
 1344  with respect to amounts subtracted pursuant to subparagraphs 1.
 1345  and 3., any increment of any apportionment factor which is
 1346  directly related to an increment of gross receipts or income
 1347  which is deducted, subtracted, or otherwise excluded in
 1348  determining adjusted federal income shall be excluded from both
 1349  the numerator and denominator of such apportionment factor.
 1350  Further, all valuations made for apportionment factor purposes
 1351  shall be made on a basis consistent with the taxpayer’s method
 1352  of accounting for federal income tax purposes.
 1353         Section 22. Subsection (5) of section 220.16, Florida
 1354  Statutes, is amended to read:
 1355         220.16 Allocation of nonbusiness income.—Nonbusiness income
 1356  shall be allocated as follows:
 1357         (5) The amount of payments received in exchange for
 1358  transferring a net operating loss authorized by s. 220.194 is
 1359  allocable to the state.
 1360         Section 23. Section 220.1899, Florida Statutes, is
 1361  repealed.
 1362         Section 24. Present paragraphs (a) through (g) of
 1363  subsection (1) of section 220.191, Florida Statutes, are
 1364  redesignated as paragraphs (b) through (h), respectively, a new
 1365  paragraph (a) is added to that subsection, and present paragraph
 1366  (g) of subsection (1), paragraph (a) of subsection (3), and
 1367  subsections (5) and (6) of that section are amended, to read:
 1368         220.191 Capital investment tax credit.—
 1369         (1) DEFINITIONS.—For purposes of this section:
 1370         (a)“Average private sector wage in the area” means the
 1371  statewide private sector average wage or the average of all
 1372  private sector wages and salaries in the county or in the
 1373  standard metropolitan area in which a business is located.
 1374         (h)(g) “Qualifying project” means a facility in this state
 1375  meeting one or more of the following criteria:
 1376         1. A new or expanding facility in this state which creates
 1377  at least 100 new jobs in this state and is in one of the high
 1378  impact sectors identified by Enterprise Florida, Inc., and
 1379  certified by the former Department of Economic Opportunity
 1380  pursuant to former s. 288.108(6), including, but not limited to,
 1381  aviation, aerospace, automotive, and silicon technology
 1382  industries. However, between July 1, 2011, and June 30, 2014,
 1383  the requirement that a facility be in a high-impact sector is
 1384  waived for any otherwise eligible business from another state
 1385  which locates all or a portion of its business to a
 1386  Disproportionally Affected County. For purposes of this section,
 1387  the term “Disproportionally Affected County” means Bay County,
 1388  Escambia County, Franklin County, Gulf County, Okaloosa County,
 1389  Santa Rosa County, Walton County, or Wakulla County.
 1390         2. A new or expanded facility in this state which is
 1391  engaged in a target industry designated pursuant to the
 1392  procedure specified in s. 288.005(6) s. 288.106(2) and which is
 1393  induced by this credit to create or retain at least 1,000 jobs
 1394  in this state, provided that at least 100 of those jobs are new,
 1395  pay an annual average wage of at least 130 percent of the
 1396  average private sector wage in the area as defined in s.
 1397  288.106(2), and make a cumulative capital investment of at least
 1398  $100 million. Jobs may be considered retained only if there is
 1399  significant evidence that the loss of jobs is imminent.
 1400  Notwithstanding subsection (2), annual credits against the tax
 1401  imposed by this chapter may not exceed 50 percent of the
 1402  increased annual corporate income tax liability or the premium
 1403  tax liability generated by or arising out of a project
 1404  qualifying under this subparagraph. A facility that qualifies
 1405  under this subparagraph for an annual credit against the tax
 1406  imposed by this chapter may take the tax credit for a period not
 1407  to exceed 5 years.
 1408         3. A new or expanded headquarters facility in this state
 1409  which locates in an enterprise zone and brownfield area and is
 1410  induced by this credit to create at least 1,500 jobs which on
 1411  average pay at least 200 percent of the statewide average annual
 1412  private sector wage, as published by the Department of Commerce
 1413  Economic Opportunity, and which new or expanded headquarters
 1414  facility makes a cumulative capital investment in this state of
 1415  at least $250 million.
 1416         (3)(a) Notwithstanding subsection (2), an annual credit
 1417  against the tax imposed by this chapter shall be granted to a
 1418  qualifying business which establishes a qualifying project
 1419  pursuant to subparagraph (1)(h)3. (1)(g)3., in an amount equal
 1420  to the lesser of $15 million or 5 percent of the eligible
 1421  capital costs made in connection with a qualifying project, for
 1422  a period not to exceed 20 years beginning with the commencement
 1423  of operations of the project. The tax credit shall be granted
 1424  against the corporate income tax liability of the qualifying
 1425  business and as further provided in paragraph (c). The total tax
 1426  credit provided pursuant to this subsection shall be equal to no
 1427  more than 100 percent of the eligible capital costs of the
 1428  qualifying project.
 1429         (5) Applications shall be reviewed and certified pursuant
 1430  to s. 288.061. The Department of Commerce Economic Opportunity,
 1431  upon a recommendation by Enterprise Florida, Inc., shall first
 1432  certify a business as eligible to receive tax credits pursuant
 1433  to this section prior to the commencement of operations of a
 1434  qualifying project, and such certification shall be transmitted
 1435  to the Department of Revenue. Upon receipt of the certification,
 1436  the Department of Revenue shall enter into a written agreement
 1437  with the qualifying business specifying, at a minimum, the
 1438  method by which income generated by or arising out of the
 1439  qualifying project will be determined.
 1440         (6) The Department of Commerce Economic Opportunity, in
 1441  consultation with Enterprise Florida, Inc., is authorized to
 1442  develop the necessary guidelines and application materials for
 1443  the certification process described in subsection (5).
 1444         Section 25. Section 220.194, Florida Statutes, is repealed.
 1445         Section 26. Paragraph (b) of subsection (1) and paragraph
 1446  (a) of subsection (2) of section 220.196, Florida Statutes, are
 1447  amended to read:
 1448         220.196 Research and development tax credit.—
 1449         (1) DEFINITIONS.—As used in this section, the term:
 1450         (b) “Business enterprise” means any corporation as defined
 1451  in s. 220.03 which meets the definition of a target industry
 1452  business as defined in s. 288.005 s. 288.106.
 1453         (2) TAX CREDIT.—
 1454         (a) As provided in this section, a business enterprise is
 1455  eligible for a credit against the tax imposed by this chapter if
 1456  it:
 1457         1. Has qualified research expenses in this state in the
 1458  taxable year exceeding the base amount;
 1459         2. Claims and is allowed a research credit for such
 1460  qualified research expenses under 26 U.S.C. s. 41 for the same
 1461  taxable year as subparagraph 1.; and
 1462         3. Is a qualified target industry business as defined in
 1463  former s. 288.106(2)(n). Only qualified target industry
 1464  businesses in the manufacturing, life sciences, information
 1465  technology, aviation and aerospace, homeland security and
 1466  defense, cloud information technology, marine sciences,
 1467  materials science, and nanotechnology industries may qualify for
 1468  a tax credit under this section. A business applying for a
 1469  credit pursuant to this section shall include a letter from the
 1470  Department of Commerce Economic Opportunity certifying whether
 1471  the business meets the requirements of this subparagraph with
 1472  its application for credit. The Department of Commerce Economic
 1473  Opportunity shall provide such a letter upon receiving a
 1474  request.
 1475         Section 27. Section 272.11, Florida Statutes, is amended to
 1476  read:
 1477         272.11 Capitol information center.—The Florida Tourism
 1478  Industry Marketing Corporation Enterprise Florida, Inc., shall
 1479  establish, maintain, and operate a Capitol information center
 1480  somewhere within the area of the Capitol Center and employ
 1481  personnel or enter into contracts to maintain same.
 1482         Section 28. Paragraph (f) of subsection (1) of section
 1483  287.0947, Florida Statutes, is amended to read:
 1484         287.0947 Florida Advisory Council on Small and Minority
 1485  Business Development; creation; membership; duties.—
 1486         (1) The Secretary of Management Services may create the
 1487  Florida Advisory Council on Small and Minority Business
 1488  Development with the purpose of advising and assisting the
 1489  secretary in carrying out the secretary’s duties with respect to
 1490  minority businesses and economic and business development. It is
 1491  the intent of the Legislature that the membership of such
 1492  council include practitioners, laypersons, financiers, and
 1493  others with business development experience who can provide
 1494  invaluable insight and expertise for this state in the
 1495  diversification of its markets and networking of business
 1496  opportunities. The council shall initially consist of 19
 1497  persons, each of whom is or has been actively engaged in small
 1498  and minority business development, either in private industry,
 1499  in governmental service, or as a scholar of recognized
 1500  achievement in the study of such matters. Initially, the council
 1501  shall consist of members representing all regions of the state
 1502  and shall include at least one member from each group identified
 1503  within the definition of “minority person” in s. 288.703(4),
 1504  considering also gender and nationality subgroups, and shall
 1505  consist of the following:
 1506         (f) The Secretary of Commerce or his or her designee A
 1507  member from the board of directors of Enterprise Florida, Inc.
 1508  
 1509  A candidate for appointment may be considered if eligible to be
 1510  certified as an owner of a minority business enterprise, or if
 1511  otherwise qualified under the criteria above. Vacancies may be
 1512  filled by appointment of the secretary, in the manner of the
 1513  original appointment.
 1514         Section 29. Paragraph (e) of subsection (1) of section
 1515  287.137, Florida Statutes, is amended to read:
 1516         287.137 Antitrust violations; denial or revocation of the
 1517  right to transact business with public entities; denial of
 1518  economic benefits.—
 1519         (1) As used in this section, the term:
 1520         (e) “Economic incentives” means state grants, cash grants,
 1521  tax exemptions, tax refunds, tax credits, state funds, and other
 1522  state incentives under chapter 288 or administered by the
 1523  Department of Commerce Enterprise Florida, Inc.
 1524         Section 30. Subsections (2) and (4) of section 288.0001,
 1525  Florida Statutes, are amended to read:
 1526         288.0001 Economic Development Programs Evaluation.—The
 1527  Office of Economic and Demographic Research and the Office of
 1528  Program Policy Analysis and Government Accountability (OPPAGA)
 1529  shall develop and present to the Governor, the President of the
 1530  Senate, the Speaker of the House of Representatives, and the
 1531  chairs of the legislative appropriations committees the Economic
 1532  Development Programs Evaluation.
 1533         (2) The Office of Economic and Demographic Research and
 1534  OPPAGA shall provide a detailed analysis of economic development
 1535  programs as provided in the following schedule:
 1536         (a) By January 1, 2026 January 1, 2014, and every 3 years
 1537  thereafter, an analysis of the following:
 1538         1. The capital investment tax credit established under s.
 1539  220.191.
 1540         2. Space Florida established under s. 331.302.
 1541         3. The research and development tax credit established
 1542  under 220.196.
 1543         4. The Urban High-Crime Area Job Tax Credit Program
 1544  established under s. 212.097 and authorized under s. 220.1895.
 1545         5. The Rural Job Tax Credit Program established under s.
 1546  212.098 and authorized under s. 220.1895.
 1547         6. The Florida Job Growth Grant Fund established under s.
 1548  288.101 The qualified target industry tax refund established
 1549  under s. 288.106.
 1550         7.3. The brownfield redevelopment bonus refund established
 1551  under s. 288.107.
 1552         4.High-impact business performance grants established
 1553  under s. 288.108.
 1554         5. The Quick Action Closing Fund established under s.
 1555  288.1088.
 1556         6.The Innovation Incentive Program established under s.
 1557  288.1089.
 1558         7.Enterprise Zone Program incentives established under ss.
 1559  212.08(5) and (15), 212.096, 220.181, and 220.182.
 1560         8. The New Markets Development Program established under
 1561  ss. 288.991-288.9922.
 1562         (b) By January 1, 2024 January 1, 2015, and every 3 years
 1563  thereafter, an analysis of the following:
 1564         1. The entertainment industry financial incentive program
 1565  established under s. 288.1254.
 1566         2. The entertainment industry sales tax exemption program
 1567  established under s. 288.1258.
 1568         2.3. VISIT Florida and its programs established or funded
 1569  under ss. 288.122, 288.1226, 288.12261, 288.12265, and 288.124.
 1570         3.4. The Florida Sports Foundation and related programs,
 1571  including those established under ss. 288.1162, 288.11621,
 1572  288.1166, 288.1167, 288.1168, 288.1169, and 288.1171.
 1573         (c) By January 1, 2025 January 1, 2016, and every 3 years
 1574  thereafter, an analysis of the following:
 1575         1. The qualified defense contractor and space flight
 1576  business tax refund program established under s. 288.1045.
 1577         2. The tax exemption for semiconductor, defense, or space
 1578  technology sales established under s. 212.08(5)(j).
 1579         2.3. The Military Base Protection Program established under
 1580  s. 288.980.
 1581         3.4. The Quick Response Training Program established under
 1582  s. 288.047.
 1583         4.5. The Incumbent Worker Training Program established
 1584  under s. 445.003.
 1585         5.6. International trade and business development programs
 1586  established or funded under s. 288.826.
 1587         6.(d)By January 1, 2019, and every 3 years thereafter, an
 1588  analysis of The grant and entrepreneur initiative programs
 1589  established under s. 295.22(3)(d) and (e).
 1590         (4) Pursuant to the schedule established in subsection (2),
 1591  OPPAGA shall evaluate each program over the previous 3 years for
 1592  its effectiveness and value to the taxpayers of this state and
 1593  include recommendations on each program for consideration by the
 1594  Legislature. The analysis may include relevant economic
 1595  development reports or analyses prepared by the department of
 1596  Economic Opportunity, Enterprise Florida, Inc., or local or
 1597  regional economic development organizations,; interviews with
 1598  the parties involved,; or any other relevant data.
 1599         Section 31. Paragraph (b) of subsection (4) of section
 1600  288.001, Florida Statutes, is amended to read:
 1601         288.001 The Florida Small Business Development Center
 1602  Network.—
 1603         (4) STATEWIDE ADVISORY BOARD.—
 1604         (b) The statewide advisory board shall consist of 19
 1605  members from across the state. At least 12 members must be
 1606  representatives of the private sector who are knowledgeable of
 1607  the needs and challenges of small businesses. The members must
 1608  represent various segments and industries of the economy in this
 1609  state and must bring knowledge and skills to the statewide
 1610  advisory board which would enhance the board’s collective
 1611  knowledge of small business assistance needs and challenges.
 1612  Minority and gender representation must be considered when
 1613  making appointments to the board. The board must include the
 1614  following members:
 1615         1. Three members appointed from the private sector by the
 1616  President of the Senate.
 1617         2. Three members appointed from the private sector by the
 1618  Speaker of the House of Representatives.
 1619         3. Three members appointed from the private sector by the
 1620  Governor.
 1621         4. Three members appointed from the private sector by the
 1622  network’s statewide director.
 1623         5. One member appointed by the host institution.
 1624         6. The Secretary of Commerce President of Enterprise
 1625  Florida, Inc., or his or her designee.
 1626         7. The Chief Financial Officer or his or her designee.
 1627         8. The President of the Florida Chamber of Commerce or his
 1628  or her designee.
 1629         9. The Small Business Development Center Project Officer
 1630  from the U.S. Small Business Administration at the South Florida
 1631  District Office or his or her designee.
 1632         10. The executive director of the National Federation of
 1633  Independent Businesses, Florida, or his or her designee.
 1634         11. The executive director of the Florida United Business
 1635  Association or his or her designee.
 1636         Section 32. Present subsections (1) and (2) of section
 1637  288.005, Florida Statutes, are redesignated as subsections (2)
 1638  and (1), respectively, and subsection (6) is added to that
 1639  section, to read:
 1640         288.005 Definitions.—As used in this chapter, the term:
 1641         (6) “Target industry business” means a corporate
 1642  headquarters business or any business that is engaged in one of
 1643  the target industries identified pursuant to the following
 1644  criteria developed by the Department of Commerce:
 1645         (a) Future growth.—The industry forecast indicates strong
 1646  expectation for future growth in employment and output,
 1647  according to the most recent available data. Special
 1648  consideration should be given to businesses that export goods
 1649  to, or provide services in, international markets and businesses
 1650  that onshore business operations to replace domestic and
 1651  international imports of goods or services.
 1652         (b) Stability.—The industry is not subject to periodic
 1653  layoffs, whether due to seasonality or sensitivity to volatile
 1654  economic variables such as weather. The industry is also
 1655  relatively resistant to recession, so that the demand for
 1656  products of this industry is not typically subject to decline
 1657  during an economic downturn.
 1658         (c) High wage.—The industry pays relatively high wages
 1659  compared to statewide or area averages.
 1660         (d) Market and resource independent.—The industry business
 1661  location is not dependent on markets or resources in the state
 1662  as indicated by industry analysis, except for businesses in the
 1663  renewable energy industry.
 1664         (e) Industrial base diversification and strengthening.—The
 1665  industry contributes toward expanding or diversifying the
 1666  state’s or area’s economic base, as indicated by analysis of
 1667  employment and output shares compared to national and regional
 1668  trends. Special consideration should be given to industries that
 1669  strengthen regional economies by adding value to basic products
 1670  or building regional industrial clusters as indicated by
 1671  industry analysis. Special consideration should also be given to
 1672  the development of strong industrial clusters that include
 1673  defense and homeland security businesses.
 1674         (f) Positive economic impact.—The industry has strong
 1675  positive economic impacts on or benefits to the state or
 1676  regional economies. Special consideration should be given to
 1677  industries that facilitate the development of the state as a hub
 1678  for domestic and global trade and logistics.
 1679  
 1680  The term does not include any business engaged in retail
 1681  industry activities; any electrical utility company as defined
 1682  in s. 366.02(4); any phosphate or other solid minerals
 1683  severance, mining, or processing operation; any oil or gas
 1684  exploration or production operation; or any business subject to
 1685  regulation by the Division of Hotels and Restaurants of the
 1686  Department of Business and Professional Regulation. Any business
 1687  within NAICS code 5611 or 5614, office administrative services
 1688  and business support services, respectively, may be considered a
 1689  target industry business only after the local governing body and
 1690  the Department of Commerce determine that the community in which
 1691  the business may locate has conditions affecting the fiscal and
 1692  economic viability of the local community or area, including,
 1693  but not limited to, low per capita income, high unemployment,
 1694  high underemployment, and a lack of year-round stable employment
 1695  opportunities, and such conditions may be improved by the
 1696  business locating in such community. By January 1 of every 3rd
 1697  year, beginning January 1, 2011, the Department of Commerce, in
 1698  consultation with economic development organizations, the State
 1699  University System, local governments, employee and employer
 1700  organizations, market analysts, and economists, shall review
 1701  and, as appropriate, revise the list of target industries and
 1702  submit the list to the Governor, the President of the Senate,
 1703  and the Speaker of the House of Representatives.
 1704         Section 33. Section 288.012, Florida Statutes, is amended
 1705  to read:
 1706         288.012 State of Florida international offices; direct
 1707  support organization.—The Legislature finds that the expansion
 1708  of international trade and tourism is vital to the overall
 1709  health and growth of the economy of this state. This expansion
 1710  is hampered by the lack of technical and business assistance,
 1711  financial assistance, and information services for businesses in
 1712  this state. The Legislature finds that these businesses could be
 1713  assisted by providing these services at State of Florida
 1714  international offices. The Legislature further finds that the
 1715  accessibility and provision of services at these offices can be
 1716  enhanced through cooperative agreements or strategic alliances
 1717  between private businesses and state, local, and international
 1718  governmental entities.
 1719         (1) The department is authorized to:
 1720         (a) Establish and operate offices in other countries for
 1721  the purpose of promoting trade and economic development
 1722  opportunities of the state, and promoting the gathering of trade
 1723  data information and research on trade opportunities in specific
 1724  countries.
 1725         (b) Enter into agreements with governmental and private
 1726  sector entities to establish and operate offices in other
 1727  countries which contain provisions that may conflict with the
 1728  general laws of the state pertaining to the purchase of office
 1729  space, employment of personnel, and contracts for services. When
 1730  agreements pursuant to this section are made which set
 1731  compensation in another country’s currency, such agreements
 1732  shall be subject to the requirements of s. 215.425, but the
 1733  purchase of another country’s currency by the department to meet
 1734  such obligations shall be subject only to s. 216.311.
 1735         (2) Each international office shall have in place an
 1736  operational plan approved by the participating boards or other
 1737  governing authority, a copy of which shall be provided to the
 1738  department. These operating plans shall be reviewed and updated
 1739  each fiscal year and shall include, at a minimum, the following:
 1740         (a) Specific policies and procedures encompassing the
 1741  entire scope of the operation and management of each office.
 1742         (b) A comprehensive, commercial strategic plan identifying
 1743  marketing opportunities and industry sector priorities for the
 1744  country in which an international office is located.
 1745         (c) Provisions for access to information for Florida
 1746  businesses related to trade leads and inquiries.
 1747         (d) Identification of new and emerging market opportunities
 1748  for Florida businesses. This information shall be provided
 1749  either free of charge or on a fee basis with fees set only to
 1750  recover the costs of providing the information.
 1751         (e) Provision of access for Florida businesses to
 1752  international trade assistance services provided by state and
 1753  local entities, seaport and airport information, and other
 1754  services identified by the department.
 1755         (f) Qualitative and quantitative performance measures for
 1756  each office, including, but not limited to, the number of
 1757  businesses assisted, the number of trade leads and inquiries
 1758  generated, the number of international buyers and importers
 1759  contacted, and the amount and type of marketing conducted.
 1760         (3) Each international office shall annually submit to the
 1761  department Enterprise Florida, Inc., a complete and detailed
 1762  report on its activities and accomplishments during the previous
 1763  fiscal year. for inclusion in the annual report required under
 1764  s. 288.906. In the format and by the annual date prescribed by
 1765  Enterprise Florida, Inc., The report must set forth information
 1766  on:
 1767         (a) The number of Florida companies assisted.
 1768         (b) The number of inquiries received about investment
 1769  opportunities in this state.
 1770         (c) The number of trade leads generated.
 1771         (d) The number of investment projects announced.
 1772         (e) The estimated U.S. dollar value of sales confirmations.
 1773         (f) The number of representation agreements.
 1774         (g) The number of company consultations.
 1775         (h) Barriers or other issues affecting the effective
 1776  operation of the office.
 1777         (i) Changes in office operations which are planned for the
 1778  current fiscal year.
 1779         (j) Marketing activities conducted.
 1780         (k) Strategic alliances formed with organizations in the
 1781  country in which the office is located.
 1782         (l) Activities conducted with Florida’s other international
 1783  offices.
 1784         (m) Any other information that the office believes would
 1785  contribute to an understanding of its activities.
 1786         (4) The Department of Commerce Economic Opportunity, in
 1787  connection with the establishment, operation, and management of
 1788  any of its offices located in another country, is exempt from
 1789  the provisions of ss. 255.21, 255.25, and 255.254 relating to
 1790  leasing of buildings; ss. 283.33 and 283.35 relating to bids for
 1791  printing; ss. 287.001-287.20 relating to purchasing and motor
 1792  vehicles; and ss. 282.003-282.00515 and 282.702-282.7101
 1793  relating to communications, and from all statutory provisions
 1794  relating to state employment.
 1795         (a) The department may exercise such exemptions only upon
 1796  prior approval of the Governor.
 1797         (b) If approval for an exemption under this section is
 1798  granted as an integral part of a plan of operation for a
 1799  specified international office, such action shall constitute
 1800  continuing authority for the department to exercise the
 1801  exemption, but only in the context and upon the terms originally
 1802  granted. Any modification of the approved plan of operation with
 1803  respect to an exemption contained therein must be resubmitted to
 1804  the Governor for his or her approval. An approval granted to
 1805  exercise an exemption in any other context shall be restricted
 1806  to the specific instance for which the exemption is to be
 1807  exercised.
 1808         (c) As used in this subsection, the term “plan of
 1809  operation” means the plan developed pursuant to subsection (2).
 1810         (d) Upon final action by the Governor with respect to a
 1811  request to exercise the exemption authorized in this subsection,
 1812  the department shall report such action, along with the original
 1813  request and any modifications thereto, to the President of the
 1814  Senate and the Speaker of the House of Representatives within 30
 1815  days.
 1816         (5) Where feasible and appropriate, international offices
 1817  established and operated under this section may provide one-stop
 1818  access to the economic development, trade, and tourism
 1819  information, services, and programs of the state. Where feasible
 1820  and appropriate, such offices may also be collocated with other
 1821  international offices of the state.
 1822         (6)(a) The department shall establish a direct-support
 1823  organization, organized as a nonprofit under chapter 617 and
 1824  recognized under s. 501(c)(3) of the Internal Revenue Code is
 1825  authorized to make and to enter into contracts with Enterprise
 1826  Florida, Inc., to carry out the provisions of this section,
 1827  assist with the coordination of international trade development
 1828  efforts, and assist in development and planning related to
 1829  foreign investment, international partnerships, and other
 1830  international business and trade development. The organization
 1831  is exempt from paying fees under s. 617.0122. The department
 1832  must approve the articles of incorporation and bylaws of the
 1833  direct-support organization.
 1834         (b) The Secretary of Commerce shall be the head of the
 1835  direct-support organization and may provide for the appointment
 1836  of a director and other staff as necessary to carry out the
 1837  responsibilities of the organization. The director and staff of
 1838  the organization are subject to ss. 112.313(1)-(8), (10), (12),
 1839  and (15); 112.3135; and 112.3143(2). For purposes of applying
 1840  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
 1841  112.3143(2) to activities of the president and staff, those
 1842  persons shall be considered public officers or employees and the
 1843  corporation shall be considered their agency.
 1844         (c) The authority, duties, and exemptions provided in this
 1845  section apply to the direct-support organization Enterprise
 1846  Florida, Inc., to the same degree and subject to the same
 1847  conditions as applied to the department. To the greatest extent
 1848  possible, the department’s agreement with the direct-support
 1849  organization such contracts shall include provisions for
 1850  cooperative agreements or strategic alliances between private
 1851  businesses and state, international, and local governmental
 1852  entities to operate international offices. The direct-support
 1853  organization may coordinate and plan international trade
 1854  missions, including setting up travel, arranging for
 1855  participation by Florida businesses, and tracking data related
 1856  to outcomes of the trade missions on behalf of the department.
 1857  The organization shall comply with the per diem and travel
 1858  expense provisions of s. 112.061.
 1859         (d) The agreement between the department and the direct
 1860  support organization must specify the approval of the
 1861  department, the powers and duties of the direct-support
 1862  organization, and rules with which the direct-support
 1863  organization must comply. The department may authorize, without
 1864  charge, appropriate use of property, facilities, and personnel
 1865  of the department by the direct-support organization for
 1866  approved purposes. The agreement between the department and the
 1867  organization must prescribe the conditions with which the
 1868  organization must comply in order to use property, facilities,
 1869  or personnel of the department. Such conditions must provide for
 1870  budget and audit review and oversight by the department.
 1871  However, the department may not authorize the use of property,
 1872  facilities, or personnel of the department by the direct-support
 1873  organization that does not provide equal employment
 1874  opportunities to all persons regardless of race, color,
 1875  religion, sex, age, or national origin.
 1876         (e)The direct-support organization may conduct programs
 1877  and activities; raise funds; request and receive grants, gifts,
 1878  and bequests of money; acquire, receive, hold, invest, and
 1879  administer, in its own name, securities, funds, objects of
 1880  value, or other property, real or personal; and make
 1881  expenditures to or for the direct or indirect benefit of the
 1882  organization if such furthers the duties and mission of the
 1883  organization and is in the best interests of this state.
 1884         (f) The direct-support organization may accept grants or
 1885  other donations in order to facilitate trade missions and
 1886  conduct other related international activities. Funds of the
 1887  organization must be held in a separate depository account in
 1888  the name of the organization, subject to the provisions of the
 1889  contract with the department, and must be used in a manner
 1890  consistent with the goals of the organization. Any funds and
 1891  property held by the organization shall revert to the department
 1892  if the organization is no longer approved to operate by the
 1893  department, fails to maintain its tax-exempt status, or ceases
 1894  to exist.
 1895         (g) The department must determine and annually certify that
 1896  the direct-support organization is complying with the terms of
 1897  the contract and is doing so consistent with the goals and
 1898  purposes of the organization and in the best interests of the
 1899  state. The organization is required to annually submit to the
 1900  department its federal Internal Revenue Service Application for
 1901  Recognition of Exemption form (Form 1023) and federal Internal
 1902  Revenue Service Return of Organization Exempt from Income Tax
 1903  form (Form 990); an annual budget for approval by the
 1904  department; an annual financial audit in accordance with s.
 1905  215.981; and an annual itemized accounting of the total amount
 1906  of travel and entertainment expenses.
 1907         (h) The fiscal year of the direct-support organization
 1908  begins on July 1 of each year and ends on June 30 of the
 1909  following year. By August 15 of each fiscal year, the department
 1910  shall submit a proposed operating budget for the direct-support
 1911  organization, including amounts to be expended on international
 1912  offices, trade missions, events, other operating capital outlay,
 1913  salaries and benefits for each employee, and contributions and
 1914  expenditures, to the Governor, the President of the Senate, and
 1915  the Speaker of the House of Representatives.
 1916         (i) This subsection is repealed October 1, 2028, unless
 1917  reviewed and saved from repeal by the Legislature.
 1918         Section 34. Section 288.017, Florida Statutes, is amended
 1919  to read:
 1920         288.017 Cooperative advertising matching grants program.—
 1921         (1) The Florida Tourism Industry Marketing Corporation
 1922  Enterprise Florida, Inc., is authorized to establish a
 1923  cooperative advertising matching grants program and, pursuant
 1924  thereto, to make expenditures and enter into contracts with
 1925  local governments and nonprofit corporations for the purpose of
 1926  publicizing the tourism advantages of the state. The department,
 1927  based on recommendations from the corporation Enterprise
 1928  Florida, Inc., shall have final approval of grants awarded
 1929  through this program. Enterprise Florida, Inc., may contract
 1930  with its direct-support organization to administer the program.
 1931         (2) The total annual allocation of funds for this grant
 1932  program may not exceed $40,000. Each grant awarded under the
 1933  program shall be limited to no more than $2,500 and shall be
 1934  matched by nonstate dollars. All grants shall be restricted to
 1935  local governments and nonprofit corporations serving and located
 1936  in municipalities having a population of 50,000 persons or less
 1937  or in counties with an unincorporated area having a population
 1938  of 200,000 persons or less.
 1939         (3) The Florida Tourism Marketing Corporation Enterprise
 1940  Florida, Inc., shall conduct an annual competitive selection
 1941  process for the award of grants under the program. In
 1942  determining its recommendations for the grant awards, the
 1943  corporation commission shall consider the demonstrated need of
 1944  the applicant for advertising assistance, the feasibility and
 1945  projected benefit of the applicant’s proposal, the amount of
 1946  nonstate funds that will be leveraged, and such other criteria
 1947  as the department commission deems appropriate. In evaluating
 1948  grant applications, the department shall consider
 1949  recommendations from the corporation Enterprise Florida, Inc.
 1950  The department, however, has final approval authority for any
 1951  grant under this section.
 1952         Section 35. Subsection (4) of section 288.018, Florida
 1953  Statutes, is amended to read:
 1954         288.018 Regional Rural Development Grants Program.—
 1955         (4) The department may expend up to $750,000 each fiscal
 1956  year from funds appropriated to the Rural Community Development
 1957  Revolving Loan Fund for the purposes outlined in this section.
 1958  The department may contract with Enterprise Florida, Inc., for
 1959  the administration of the purposes specified in this section.
 1960  Funds released to Enterprise Florida, Inc., for this purpose
 1961  shall be released quarterly and shall be calculated based on the
 1962  applications in process.
 1963         Section 36. Subsections (1), (9), and (10) of section
 1964  288.047, Florida Statutes, are amended, to read:
 1965         288.047 Quick-response training for economic development.—
 1966         (1) The Quick-Response Training Program is created to meet
 1967  the workforce-skill needs of existing, new, and expanding
 1968  industries. The program shall be administered by CareerSource
 1969  Florida, Inc., in conjunction with Enterprise Florida, Inc., and
 1970  the Department of Education. CareerSource Florida, Inc., shall
 1971  adopt guidelines for the administration of this program, shall
 1972  provide technical services, and shall identify businesses that
 1973  seek services through the program. CareerSource Florida, Inc.,
 1974  may contract with Enterprise Florida, Inc., or administer this
 1975  program directly, if it is determined that such an arrangement
 1976  maximizes the amount of the Quick Response grant going to direct
 1977  services.
 1978         (9)Notwithstanding any other provision of law, eligible
 1979  matching contributions received under this section from the
 1980  Quick-Response Training Program may be counted toward the
 1981  private sector support of Enterprise Florida, Inc., under s.
 1982  288.904.
 1983         (10)CareerSource Florida, Inc., and Enterprise Florida,
 1984  Inc., shall coordinate and cooperate in administering this
 1985  section so that any division of responsibility between the two
 1986  organizations which relates to marketing or administering the
 1987  Quick-Response Training Program is not apparent to a business
 1988  that inquires about or applies for funding under this section. A
 1989  business shall be provided with a single point of contact for
 1990  information and assistance.
 1991         Section 37. Subsections (1) and (4) of section 288.061,
 1992  Florida Statutes, are amended to read:
 1993         288.061 Economic development incentive application
 1994  process.—
 1995         (1) Upon receiving a submitted economic development
 1996  incentive application, the Division of Economic Strategic
 1997  Business Development of the department of Economic Opportunity
 1998  and designated staff of Enterprise Florida, Inc., shall review
 1999  the application to ensure that the application is complete,
 2000  whether and what type of state and local permits may be
 2001  necessary for the applicant’s project, whether it is possible to
 2002  waive such permits, and what state incentives and amounts of
 2003  such incentives may be available to the applicant. The
 2004  department shall recommend to the Secretary of Commerce Economic
 2005  Opportunity to approve or disapprove an applicant business. If
 2006  review of the application demonstrates that the application is
 2007  incomplete, the secretary shall notify the applicant business
 2008  within the first 5 business days after receiving the
 2009  application.
 2010         (4) The department shall validate contractor performance
 2011  and report such validation in the annual incentives report
 2012  required under s. 288.0065 s. 288.907.
 2013         Section 38. Paragraph (e) of subsection (2) and subsections
 2014  (3) and (4) of section 288.0655, Florida Statutes, are amended
 2015  to read:
 2016         288.0655 Rural Infrastructure Fund.—
 2017         (2)
 2018         (e) To enable local governments to access the resources
 2019  available pursuant to s. 403.973(17) s. 403.973(18), the
 2020  department may award grants for surveys, feasibility studies,
 2021  and other activities related to the identification and
 2022  preclearance review of land which is suitable for preclearance
 2023  review. Authorized grants under this paragraph may not exceed
 2024  $75,000 each, except in the case of a project in a rural area of
 2025  opportunity, in which case the grant may not exceed $300,000.
 2026  Any funds awarded under this paragraph must be matched at a
 2027  level of 50 percent with local funds, except that any funds
 2028  awarded for a project in a rural area of opportunity must be
 2029  matched at a level of 33 percent with local funds. If an
 2030  application for funding is for a catalyst site, as defined in s.
 2031  288.0656, the requirement for local match may be waived pursuant
 2032  to the process in s. 288.06561. In evaluating applications under
 2033  this paragraph, the department shall consider the extent to
 2034  which the application seeks to minimize administrative and
 2035  consultant expenses.
 2036         (3) The department, in consultation with Enterprise
 2037  Florida, Inc., the Florida Tourism Industry Marketing
 2038  Corporation, the Department of Environmental Protection, and the
 2039  Florida Fish and Wildlife Conservation Commission, as
 2040  appropriate, shall review and certify applications pursuant to
 2041  s. 288.061. The review shall include an evaluation of the
 2042  economic benefit of the projects and their long-term viability.
 2043  The department shall have final approval for any grant under
 2044  this section.
 2045         (4)By September 1, 2021, the department shall, in
 2046  consultation with the organizations listed in subsection (3),
 2047  and other organizations, reevaluate existing guidelines and
 2048  criteria governing submission of applications for funding,
 2049  review and evaluation of such applications, and approval of
 2050  funding under this section. The department shall consider
 2051  factors including, but not limited to, the project’s potential
 2052  for enhanced job creation or increased capital investment, the
 2053  demonstration and level of local public and private commitment,
 2054  whether the project is located in a community development
 2055  corporation service area, or in an urban high-crime area as
 2056  designated under s. 212.097, the unemployment rate of the county
 2057  in which the project would be located, and the poverty rate of
 2058  the community.
 2059         Section 39. Paragraph (a) of subsection (6) and paragraphs
 2060  (a) and (c) of subsection (7) of section 288.0656, Florida
 2061  Statutes, are amended to read:
 2062         288.0656 Rural Economic Development Initiative.—
 2063         (6)(a) By August 1 of each year, the head of each of the
 2064  following agencies and organizations shall designate a deputy
 2065  secretary or higher-level staff person from within the agency or
 2066  organization to serve as the REDI representative for the agency
 2067  or organization:
 2068         1. The Department of Transportation.
 2069         2. The Department of Environmental Protection.
 2070         3. The Department of Agriculture and Consumer Services.
 2071         4. The Department of State.
 2072         5. The Department of Health.
 2073         6. The Department of Children and Families.
 2074         7. The Department of Corrections.
 2075         8. The Department of Education.
 2076         9. The Department of Juvenile Justice.
 2077         10. The Fish and Wildlife Conservation Commission.
 2078         11. Each water management district.
 2079         12. Enterprise Florida, Inc.
 2080         13. CareerSource Florida, Inc.
 2081         13.14. VISIT Florida.
 2082         14.15. The Florida Regional Planning Council Association.
 2083         15.16. The Agency for Health Care Administration.
 2084         16.17. The Institute of Food and Agricultural Sciences
 2085  (IFAS).
 2086  
 2087  An alternate for each designee shall also be chosen, and the
 2088  names of the designees and alternates shall be sent to the
 2089  Secretary of Commerce Economic Opportunity.
 2090         (7)
 2091         (a) REDI may recommend to the Governor up to three rural
 2092  areas of opportunity. The Governor may by executive order
 2093  designate up to three rural areas of opportunity which will
 2094  establish these areas as priority assignments for REDI as well
 2095  as to allow the Governor, acting through REDI, to waive
 2096  criteria, requirements, or similar provisions of any economic
 2097  development incentive. Such incentives shall include, but are
 2098  not limited to, the Qualified Target Industry Tax Refund Program
 2099  under s. 288.106, the Quick Response Training Program under s.
 2100  288.047, the Quick Response Training Program for participants in
 2101  the welfare transition program under s. 288.047(8),
 2102  transportation projects under s. 339.2821, the brownfield
 2103  redevelopment bonus refund under s. 288.107, and the rural job
 2104  tax credit program under ss. 212.098 and 220.1895.
 2105         (c) Each rural area of opportunity may designate catalyst
 2106  projects, provided that each catalyst project is specifically
 2107  recommended by REDI, identified as a catalyst project by
 2108  Enterprise Florida, Inc., and confirmed as a catalyst project by
 2109  the department. All state agencies and departments shall use all
 2110  available tools and resources to the extent permissible by law
 2111  to promote the creation and development of each catalyst project
 2112  and the development of catalyst sites.
 2113         Section 40. Section 288.0658, Florida Statutes, is amended
 2114  to read:
 2115         288.0658 Nature-based recreation; promotion and other
 2116  assistance by Fish and Wildlife Conservation Commission.—The
 2117  Florida Fish and Wildlife Conservation Commission is directed to
 2118  assist Enterprise Florida, Inc.; the Florida Tourism Industry
 2119  Marketing Corporation, doing business as VISIT Florida;
 2120  convention and visitor bureaus; tourist development councils;
 2121  economic development organizations; and local governments
 2122  through the provision of marketing advice, technical expertise,
 2123  promotional support, and product development related to nature
 2124  based recreation and sustainable use of natural resources. In
 2125  carrying out this responsibility, the Florida Fish and Wildlife
 2126  Conservation Commission shall focus its efforts on fostering
 2127  nature-based recreation in rural communities and regions
 2128  encompassing rural communities. As used in this section, the
 2129  term “nature-based recreation” means leisure activities related
 2130  to the state’s lands, waters, and fish and wildlife resources,
 2131  including, but not limited to, wildlife viewing, fishing,
 2132  hiking, canoeing, kayaking, camping, hunting, backpacking, and
 2133  nature photography.
 2134         Section 41. Subsection (6) of section 288.075, Florida
 2135  Statutes, is amended to read:
 2136         288.075 Confidentiality of records.—
 2137         (6) ECONOMIC INCENTIVE PROGRAMS.—
 2138         (a) The following information held by an economic
 2139  development agency pursuant to the administration of an economic
 2140  incentive program for qualified businesses is confidential and
 2141  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2142  Constitution for a period not to exceed the duration of the
 2143  incentive agreement, including an agreement authorizing a tax
 2144  refund or tax credit, or upon termination of the incentive
 2145  agreement:
 2146         1. The percentage of the business’s sales occurring outside
 2147  this state and, for businesses applying under s. 288.1045, the
 2148  percentage of the business’s gross receipts derived from
 2149  Department of Defense contracts during the 5 years immediately
 2150  preceding the date the business’s application is submitted.
 2151         2. An individual employee’s personal identifying
 2152  information that is held as evidence of the achievement or
 2153  nonachievement of the wage requirements of the tax refund, tax
 2154  credit, or incentive agreement programs or of the job creation
 2155  requirements of such programs.
 2156         3. The amount of:
 2157         a. Taxes on sales, use, and other transactions paid
 2158  pursuant to chapter 212;
 2159         b. Corporate income taxes paid pursuant to chapter 220;
 2160         c. Intangible personal property taxes paid pursuant to
 2161  chapter 199;
 2162         d. Insurance premium taxes paid pursuant to chapter 624;
 2163         e. Excise taxes paid on documents pursuant to chapter 201;
 2164         f. Ad valorem taxes paid, as defined in s. 220.03(1); or
 2165         g. State communications services taxes paid pursuant to
 2166  chapter 202.
 2167  
 2168  However, an economic development agency may disclose in the
 2169  annual incentives report required under s. 288.0065 s. 288.907
 2170  the aggregate amount of each tax identified in this subparagraph
 2171  and paid by all businesses participating in each economic
 2172  incentive program.
 2173         (b)1. The following information held by an economic
 2174  development agency relating to a specific business participating
 2175  in an economic incentive program is no longer confidential or
 2176  exempt 180 days after a final project order for an economic
 2177  incentive agreement is issued, until a date specified in the
 2178  final project order, or if the information is otherwise
 2179  disclosed, whichever occurs first:
 2180         1.a. The name of the qualified business.
 2181         2.b. The total number of jobs the business committed to
 2182  create or retain.
 2183         3.c. The total number of jobs created or retained by the
 2184  business.
 2185         4.d. Notwithstanding s. 213.053(2), the amount of tax
 2186  refunds, tax credits, or incentives awarded to, claimed by, or,
 2187  if applicable, refunded to the state by the business.
 2188         5.e. The anticipated total annual wages of employees the
 2189  business committed to hire or retain.
 2190         2.For a business applying for certification under s.
 2191  288.1045 which is based on obtaining a new Department of Defense
 2192  contract, the total number of jobs expected and the amount of
 2193  tax refunds claimed may not be released until the new Department
 2194  of Defense contract is awarded.
 2195         Section 42. Paragraphs (a), (c), and (e) of subsection (1),
 2196  paragraph (e) of subsection (3), and subsections (6), (7), and
 2197  (8) of section 288.076 are amended to read:
 2198         288.076 Return on investment reporting for economic
 2199  development programs.—
 2200         (1) As used in this section, the term:
 2201         (a) “Jobs” means full-time equivalent positions, including,
 2202  but not limited to, positions obtained from a temporary
 2203  employment agency or employee leasing company or through a union
 2204  agreement or coemployment under a professional employer
 2205  organization agreement, that result directly from a project in
 2206  this state. The term does not include temporary construction
 2207  jobs involved with the construction of facilities for the
 2208  project or any jobs previously included in any application for
 2209  tax refunds has the same meaning as provided in s.
 2210  288.106(2)(i).
 2211         (c) “Project” means the creation of a new business or
 2212  expansion of an existing business has the same meaning as
 2213  provided in s. 288.106(2)(m).
 2214         (e) “State investment” means any state grants, tax
 2215  exemptions, tax refunds, tax credits, or other state incentives
 2216  provided to a business under a program administered by the
 2217  department, including the capital investment tax credit under s.
 2218  220.191.
 2219         (3) Within 48 hours after expiration of the period of
 2220  confidentiality for project information deemed confidential and
 2221  exempt pursuant to s. 288.075, the department shall publish the
 2222  following information pertaining to each project:
 2223         (e) Project performance goals.—
 2224         1. The incremental direct jobs attributable to the project,
 2225  identifying the number of jobs generated and the number of jobs
 2226  retained.
 2227         2. The number of jobs generated and the number of jobs
 2228  retained by the project, and for projects commencing after
 2229  October 1, 2013, the average annual wage of persons holding such
 2230  jobs.
 2231         3. The incremental direct capital investment in the state
 2232  generated by the project.
 2233         (6) Annually, the department shall publish information
 2234  relating to the progress of Quick Action Closing Fund projects,
 2235  awarded under former s. 288.1088, until all contracts are
 2236  complete or terminated including the average number of days
 2237  between the date the department receives a completed application
 2238  and the date on which the application is approved.
 2239         (7)(a) Within 48 hours after expiration of the period of
 2240  confidentiality provided under s. 288.075, the department shall
 2241  publish the contract or agreement described in s. 288.061,
 2242  redacted to protect the participant business from disclosure of
 2243  information that remains confidential or exempt by law.
 2244         (b)Within 48 hours after submitting any report of findings
 2245  and recommendations made pursuant to s. 288.106(7)(d) concerning
 2246  a business’s failure to complete a tax refund agreement pursuant
 2247  to the tax refund program for qualified target industry
 2248  businesses, the department shall publish such report.
 2249         (8) For projects completed before October 1, 2013, the
 2250  department shall compile and, by October 1, 2014, shall publish
 2251  the information described in subsections (3), (4), and (5), to
 2252  the extent such information is available and applicable.
 2253         Section 43. Section 288.095, Florida Statutes, is amended
 2254  to read:
 2255         288.095 Economic Development Trust Fund.—
 2256         (1) The Economic Development Trust Fund is created within
 2257  the department of Economic Opportunity. Moneys deposited into
 2258  the fund must be used only to support the authorized activities
 2259  and operations of the department.
 2260         (2) There is created, within the Economic Development Trust
 2261  Fund, the Economic Development Incentives Account. The Economic
 2262  Development Incentives Account consists of moneys appropriated
 2263  to the account for purposes of the tax incentives programs
 2264  authorized under s. 288.107 and former s. 288.106 ss. 288.1045
 2265  and 288.106, and local financial support provided under former
 2266  s. 288.106 ss. 288.1045 and 288.106. Moneys in the Economic
 2267  Development Incentives Account shall be subject to the
 2268  provisions of s. 216.301(1)(a).
 2269         (3)(a) The department may approve applications for
 2270  certification pursuant to ss. 288.1045(3) and 288.106. However,
 2271  The total state share of tax refund payments may not exceed $35
 2272  million.
 2273         (b) The total amount of tax refund claims approved for
 2274  payment by the department based on actual project performance
 2275  may not exceed the amount appropriated to the Economic
 2276  Development Incentives Account for such purposes for the fiscal
 2277  year. Claims for tax refunds under s. 288.107 and former ss.
 2278  288.1045 and 288.106 shall be paid in the order the claims are
 2279  approved by the department. In the event the Legislature does
 2280  not appropriate an amount sufficient to satisfy the tax refunds
 2281  under s. 288.107 and former s. 288.106 ss. 288.1045 and 288.106
 2282  in a fiscal year, the department shall pay the tax refunds from
 2283  the appropriation for the following fiscal year. By March 1 of
 2284  each year, the department shall notify the legislative
 2285  appropriations committees of the Senate and House of
 2286  Representatives of any anticipated shortfall in the amount of
 2287  funds needed to satisfy claims for tax refunds from the
 2288  appropriation for the current fiscal year.
 2289         (c) Moneys in the Economic Development Incentives Account
 2290  may be used only to pay tax refunds and make other payments
 2291  authorized under s. 288.1045, s. 288.106, or s. 288.107 or in
 2292  agreements authorized under former s. 288.106. The department
 2293  shall report within 10 days after the end of each quarter to the
 2294  Office of Policy and Budget in the Executive Officer of the
 2295  Governor, the chair of the Senate Appropriations Committee or
 2296  its successor, and the chair of the House of Representatives
 2297  Appropriations Committee or its successor regarding the status
 2298  of payments made for all economic development programs
 2299  administered by the department under this chapter, including s.
 2300  288.107 and former ss. 288.106 and 288.108.
 2301         (d) The department may adopt rules necessary to carry out
 2302  the provisions of this subsection, including rules providing for
 2303  the use of moneys in the Economic Development Incentives Account
 2304  and for the administration of the Economic Development
 2305  Incentives Account.
 2306         (4) The department shall create a separate account for
 2307  funds transferred from the former Enterprise Florida, Inc., held
 2308  for payments for agreements under the Quick Action Closing Fund
 2309  under former s. 288.1088 or the Innovation Incentive Program
 2310  under former s. 288.1089. The department shall report within 10
 2311  days after the end of each quarter to the Office of Policy and
 2312  Budget in the Executive Office of the Governor, the chair of the
 2313  Senate Appropriations Committee or its successor, and the chair
 2314  of the House of Representatives Appropriations Committee or its
 2315  successor regarding all escrow activity relating to both
 2316  programs, including payments made pursuant to confirmed
 2317  performance under the remaining contracts, payments returned to
 2318  the state due to noncompliance, and contracts terminated due to
 2319  noncompliance. The department must transfer to the General
 2320  Revenue Fund any payments returned to the state, either returned
 2321  by the recipient or through action by the department to
 2322  administratively or otherwise legally obtain repayment of funds,
 2323  and any funds associated with terminated contracts.
 2324         Section 44. Subsection (2) and paragraph (c) of subsection
 2325  (3) of section 288.101, Florida Statutes, as amended by chapter
 2326  2023-17, Laws of Florida, are amended to read:
 2327         288.101 Florida Job Growth Grant Fund.—
 2328         (2) The department and Enterprise Florida, Inc., may
 2329  identify projects, solicit proposals, and make funding
 2330  recommendations to the Governor, who is authorized to approve:
 2331         (a) State or local public infrastructure projects to
 2332  promote:
 2333         1. Economic recovery in specific regions of this state;
 2334         2. Economic diversification; or
 2335         3. Economic enhancement in a targeted industry.
 2336         (b) State or local public infrastructure projects to
 2337  facilitate the development or construction of affordable
 2338  housing. This paragraph is repealed July 1, 2033.
 2339         (c) Infrastructure funding to accelerate the rehabilitation
 2340  of the Herbert Hoover Dike. The department or the South Florida
 2341  Water Management District may enter into agreements, as
 2342  necessary, with the United States Army Corps of Engineers to
 2343  implement this paragraph.
 2344         (d) Workforce training grants to support programs at state
 2345  colleges and state technical centers that provide participants
 2346  with transferable, sustainable workforce skills applicable to
 2347  more than a single employer, and for equipment associated with
 2348  these programs. The department shall work with CareerSource
 2349  Florida, Inc., to ensure programs are offered to the public
 2350  based on criteria established by the state college or state
 2351  technical center and do not exclude applicants who are
 2352  unemployed or underemployed.
 2353         (3) For purposes of this section:
 2354         (c) “Targeted industry” means any industry identified in
 2355  the most recent list provided to the Governor, the President of
 2356  the Senate, and the Speaker of the House of Representatives in
 2357  accordance with s. 288.005 s. 288.106(2)(q).
 2358         Section 45. Section 288.1045, Florida Statutes, is
 2359  repealed.
 2360         Section 46. Section 288.106, Florida Statutes, is repealed.
 2361         Section 47. Paragraphs (d) and (f) of subsection (1),
 2362  subsection (2), paragraph (b) of subsection (3), subsection (4),
 2363  and paragraph (b) of subsection (5) of section 288.107, Florida
 2364  Statutes, are amended, and paragraph (c) is added to subsection
 2365  (5) of that section, to read:
 2366         288.107 Brownfield redevelopment bonus refunds.—
 2367         (1) DEFINITIONS.—As used in this section:
 2368         (d) “Eligible business” means:
 2369         1. A qualified target industry business as defined in s.
 2370  288.106(2); or
 2371         2. a business that can demonstrate a fixed capital
 2372  investment of at least $2 million in mixed-use business
 2373  activities, including multiunit housing, commercial, retail, and
 2374  industrial in brownfield areas eligible for bonus refunds, and
 2375  that provides benefits to its employees.
 2376         (f) “Project” means the creation of a new business or the
 2377  expansion of an existing business as defined in s. 288.106.
 2378         (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
 2379  shall be approved by the department as specified in the final
 2380  order and allowed from the account as follows:
 2381         (a) A bonus refund of $2,500 shall be allowed to any
 2382  qualified target industry business as defined in s. 288.106 for
 2383  each new Florida job created in a brownfield area eligible for
 2384  bonus refunds which is claimed on the qualified target industry
 2385  business’s annual refund claim authorized in s. 288.106(6).
 2386         (b) a bonus refund of up to $2,500 shall be allowed to any
 2387  other eligible business as defined in subparagraph (1)(d)2. for
 2388  each new Florida job created in a brownfield area eligible for
 2389  bonus refunds which is claimed under an annual claim procedure
 2390  similar to the annual refund claim authorized in former s.
 2391  288.106(6). The amount of the refund shall be equal to 20
 2392  percent of the average annual wage for the jobs created.
 2393         (3) CRITERIA.—The minimum criteria for participation in the
 2394  brownfield redevelopment bonus refund are:
 2395         (b) The completion of a fixed capital investment of at
 2396  least $2 million in mixed-use business activities, including
 2397  multiunit housing, commercial, retail, and industrial in
 2398  brownfield areas eligible for bonus refunds, by an eligible
 2399  business applying for a refund under subsection (2) paragraph
 2400  (2)(b) which provides benefits to its employees.
 2401         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 2402         (a) To be eligible to receive a bonus refund for new
 2403  Florida jobs created in a brownfield area eligible for bonus
 2404  refunds, a business must have been certified as an a qualified
 2405  target industry business under s. 288.106 or eligible business
 2406  as defined in paragraph (1)(d) and must have indicated on the
 2407  qualified target industry business tax refund application form
 2408  submitted to the department in accordance with s. 288.106(4) or
 2409  other similar agreement for other eligible business as defined
 2410  in paragraph (1)(d) that the project for which the application
 2411  is submitted is or will be located in a brownfield area eligible
 2412  for bonus refunds and that the business is applying for
 2413  certification as a qualified brownfield business under this
 2414  section, and must have signed a qualified target industry
 2415  business tax refund agreement with the department that indicates
 2416  that the business has been certified as a qualified target
 2417  industry business located in a brownfield area eligible for
 2418  bonus refunds and specifies the schedule of brownfield
 2419  redevelopment bonus refunds that the business may be eligible to
 2420  receive in each fiscal year.
 2421         (b) To be considered to receive an eligible brownfield
 2422  redevelopment bonus refund payment, the business meeting the
 2423  requirements of paragraph (a) must submit a claim once each
 2424  fiscal year on a claim form approved by the department which
 2425  indicates the location of the brownfield site for which a
 2426  rehabilitation agreement with the Department of Environmental
 2427  Protection or a local government delegated by the Department of
 2428  Environmental Protection has been executed under s. 376.80, the
 2429  address of the business facility’s brownfield location, the name
 2430  of the brownfield in which it is located, the number of jobs
 2431  created, and the average wage of the jobs created by the
 2432  business within the brownfield as defined in s. 288.106 or other
 2433  eligible business as defined in paragraph (1)(d) and the
 2434  administrative rules and policies for that section.
 2435         (c) The bonus refunds shall be available on the same
 2436  schedule as the qualified target industry tax refund payments
 2437  scheduled in the qualified target industry tax refund agreement
 2438  authorized in s. 288.106 or other similar agreement for other
 2439  eligible businesses as defined in paragraph (1)(e).
 2440         (d) After entering into a tax refund agreement as provided
 2441  in s. 288.106 or other similar agreement for other eligible
 2442  businesses as defined in paragraph (1)(e), an eligible business
 2443  may receive brownfield redevelopment bonus refunds from the
 2444  account:
 2445         1. For both of the following taxes due and paid by that
 2446  business beginning with the first taxable year of the business
 2447  that begins after entering into the agreement:
 2448         a. Corporate income taxes under chapter 220.
 2449         b. Insurance premium tax under s. 624.509.
 2450         2. For all of the following taxes due and paid by that
 2451  business after entering into the agreement:
 2452         a. Taxes on sales, use, and other transactions under
 2453  chapter 212.
 2454         b. Intangible personal property taxes under chapter 199.
 2455         c. Excise taxes on documents under chapter 201.
 2456         d. Ad valorem taxes paid, as defined in s. 220.03(1).
 2457         e. State communications services taxes administered under
 2458  chapter 202. This provision does not apply to the gross receipts
 2459  tax imposed under chapter 203 and administered under chapter 202
 2460  or the local communications services tax authorized under s.
 2461  202.19 pursuant to s. 288.106(3)(d).
 2462         (d)(e) An eligible business that fraudulently claims a
 2463  refund under this section:
 2464         1. Is liable for repayment of the amount of the refund to
 2465  the account, plus a mandatory penalty in the amount of 200
 2466  percent of the tax refund, which shall be deposited into the
 2467  General Revenue Fund.
 2468         2. Commits a felony of the third degree, punishable as
 2469  provided in s. 775.082, s. 775.083, or s. 775.084.
 2470         (e)(f) Applications shall be reviewed and certified
 2471  pursuant to s. 288.061 before the business has made a decision
 2472  to locate or expand a facility in this state. The department
 2473  shall review all applications submitted under s. 288.106 or
 2474  other similar application forms for other eligible businesses as
 2475  defined in paragraph (1)(d) which indicate that the proposed
 2476  project will be located in a brownfield area eligible for bonus
 2477  refunds and determine, with the assistance of the Department of
 2478  Environmental Protection, that the project location is within a
 2479  brownfield area eligible for bonus refunds as provided in this
 2480  act.
 2481         (f)(g) The department shall approve all claims for a
 2482  brownfield redevelopment bonus refund payment that are found to
 2483  meet the requirements of this section paragraphs (b) and (d).
 2484         (g)(h) The department, with such assistance as may be
 2485  required from the Department of Environmental Protection, shall
 2486  specify by written final order the amount of the brownfield
 2487  redevelopment bonus refund that is authorized for the qualified
 2488  target industry business for the fiscal year within 30 days
 2489  after the date that the claim for the annual tax refund is
 2490  received by the department.
 2491         (h)(i) The total amount of the bonus refunds approved by
 2492  the department under this section in any fiscal year must not
 2493  exceed the total amount appropriated to the Economic Development
 2494  Incentives Account for this purpose for the fiscal year. In the
 2495  event that the Legislature does not appropriate an amount
 2496  sufficient to satisfy projections by the department for
 2497  brownfield redevelopment bonus refunds under this section in a
 2498  fiscal year, the department shall, not later than July 15 of
 2499  such year, determine the proportion of each brownfield
 2500  redevelopment bonus refund claim which shall be paid by dividing
 2501  the amount appropriated for tax refunds for the fiscal year by
 2502  the projected total of brownfield redevelopment bonus refund
 2503  claims for the fiscal year. The amount of each claim for a
 2504  brownfield redevelopment bonus tax refund shall be multiplied by
 2505  the resulting quotient. If, after the payment of all such refund
 2506  claims, funds remain in the Economic Development Incentives
 2507  Account for brownfield redevelopment tax refunds, the department
 2508  shall recalculate the proportion for each refund claim and
 2509  adjust the amount of each claim accordingly.
 2510         (i)(j) Upon approval of the brownfield redevelopment bonus
 2511  refund, payment shall be made for the amount specified in the
 2512  final order. If the final order is appealed, payment may not be
 2513  made for a refund to the qualified target industry business
 2514  until the conclusion of all appeals of that order.
 2515         (5) ADMINISTRATION.—
 2516         (b) To facilitate the process of monitoring and auditing
 2517  applications made under this program, the department may provide
 2518  a list of qualified target industry businesses to the Department
 2519  of Revenue, to the Department of Environmental Protection, or to
 2520  any local government authority. The department may request the
 2521  assistance of those entities with respect to monitoring the
 2522  payment of the taxes listed in paragraph (3)(c) s. 288.106(3).
 2523         (c) The department may adopt rules, including an
 2524  application form, to administer this section.
 2525         Section 48. Paragraph (c) of subsection (2) and subsection
 2526  (6) of section 288.108, Florida Statutes, are amended to read:
 2527         288.108 High-impact business.—
 2528         (2) DEFINITIONS.—As used in this section, the term:
 2529         (c) “Eligible high-impact business” means a business in one
 2530  of the high-impact sectors identified by Enterprise Florida,
 2531  Inc., and certified by the department as provided in subsection
 2532  (5), which is making a cumulative investment in the state of at
 2533  least $50 million and creating at least 50 new full-time
 2534  equivalent jobs in the state or a research and development
 2535  facility making a cumulative investment of at least $25 million
 2536  and creating at least 25 new full-time equivalent jobs. Such
 2537  investment and employment must be achieved in a period not to
 2538  exceed 3 years after the date the business is certified as a
 2539  qualified high-impact business.
 2540         (6) SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.—
 2541         (a) The department Enterprise Florida, Inc., shall, by
 2542  January 1, of every third year, beginning January 1, 2011,
 2543  initiate the process of reviewing and, if appropriate, selecting
 2544  a new high-impact sector for designation or recommending the
 2545  deactivation of a designated high-impact sector. The process of
 2546  reviewing designated high-impact sectors or recommending the
 2547  deactivation of a designated high-impact sector shall be in
 2548  consultation with the department, economic development
 2549  organizations, the State University System, local governments,
 2550  employee and employer organizations, market analysts, and
 2551  economists.
 2552         (b) The department has authority, after meeting the
 2553  requirements of this subsection recommendation from Enterprise
 2554  Florida, Inc., to designate a high-impact sector or to
 2555  deauthorize a designated high-impact sector.
 2556         (c) To begin the process of selecting and designating a new
 2557  high-impact sector, the department Enterprise Florida, Inc.,
 2558  shall undertake a thorough study of the proposed sector. This
 2559  study must consider the definition of the sector, including the
 2560  types of facilities which characterize the sector that might
 2561  qualify for a high-impact performance grant and whether a
 2562  powerful incentive like the high-impact performance grant is
 2563  needed to induce major facilities in the sector to locate or
 2564  grow in this state; the benefits that major facilities in the
 2565  sector have or could have on the state’s economy and the
 2566  relative significance of those benefits; the needs of the sector
 2567  and major sector facilities, including natural, public, and
 2568  human resources and benefits and costs with regard to these
 2569  resources; the sector’s current and future markets; the current
 2570  fiscal and potential fiscal impacts of the sector, to both the
 2571  state and its communities; any geographic opportunities or
 2572  limitations with regard to the sector, including areas of the
 2573  state most likely to benefit from the sector and areas unlikely
 2574  to benefit from the sector; the state’s advantages or
 2575  disadvantages with regard to the sector; and the long-term
 2576  expectations for the industry on a global level and in the
 2577  state. If the department Enterprise Florida, Inc., finds
 2578  favorable conditions for the designation of the sector as a
 2579  high-impact sector, it shall include in the study
 2580  recommendations for a complete and comprehensive sector
 2581  strategy, including appropriate marketing and workforce
 2582  strategies for the entire sector and any recommendations that
 2583  Enterprise Florida, Inc., may have for statutory or policy
 2584  changes needed to improve the state’s business climate and to
 2585  attract and grow Florida businesses, particularly small
 2586  businesses, in the proposed sector. The study shall reflect the
 2587  finding of the sector-business network specified in paragraph
 2588  (d).
 2589         (d) In conjunction with the study required in paragraph
 2590  (c), the department Enterprise Florida, Inc., shall develop and
 2591  consult with a network of sector businesses. While this network
 2592  may include non-Florida businesses, it must include any
 2593  businesses currently within the state. If the number of Florida
 2594  businesses in the sector is large, a representative cross
 2595  section of Florida sector businesses may form the core of this
 2596  network.
 2597         (e) The study and its findings and recommendations and the
 2598  recommendations gathered from the sector-business network must
 2599  be discussed and considered during at least one meeting per
 2600  calendar year of leaders in business, government, education,
 2601  workforce development, and economic development called by the
 2602  Governor to address the business climate in the state, develop a
 2603  common vision for the economic future of the state, and identify
 2604  economic development efforts to fulfill that vision.
 2605         (f) If after consideration of the completed study required
 2606  in paragraph (c) and the input derived from consultation with
 2607  the sector-business network in paragraph (d) and the meeting as
 2608  required in paragraph (e), the department board of directors of
 2609  Enterprise Florida, Inc., finds that the sector will have
 2610  exceptionally large and widespread benefits to the state and its
 2611  citizens, relative to any public costs; that the sector is
 2612  characterized by the types of facilities that require
 2613  exceptionally large investments and provide employment
 2614  opportunities to a relatively large number of workers in high
 2615  quality, high-income jobs that might qualify for a high-impact
 2616  performance grant; and that given the competition for such
 2617  businesses it may be necessary for the state to be able to offer
 2618  a large inducement, such as a high-impact performance grant, to
 2619  attract such a business to the state or to encourage businesses
 2620  to continue to grow in the state, the board of directors of
 2621  Enterprise Florida, Inc., may recommend that the department may
 2622  designate consider the designation of the sector as a high
 2623  impact business sector or may.
 2624         (g) Upon receiving a recommendation from the board of
 2625  directors of Enterprise Florida, Inc., together with the study
 2626  required in paragraph (c) and a summary of the findings and
 2627  recommendations of the sector-business network required in
 2628  paragraph (d), including a list of all meetings of the sector
 2629  network and participants in those meetings and the findings and
 2630  recommendations from the meeting as required in paragraph (e),
 2631  the department shall after a thorough evaluation of the study
 2632  and accompanying materials report its findings and either concur
 2633  in the recommendation of Enterprise Florida, Inc., and designate
 2634  the sector as a high-impact business sector or notify Enterprise
 2635  Florida, Inc., that it does not concur and deny the board’s
 2636  request for designation or return the recommendation and study
 2637  to Enterprise Florida, Inc., for further evaluation. In any
 2638  case, the department’s decision must be in writing and justify
 2639  the reasons for the decision.
 2640         (g)(h) If the department designates the sector as a high
 2641  impact sector, it shall, within 30 days, notify the Governor,
 2642  the President of the Senate, and the Speaker of the House of
 2643  Representatives of its decision and provide a complete report on
 2644  its decision, including copies of the material compiled in the
 2645  evaluation, studies, and meetings required under this subsection
 2646  provided by Enterprise Florida, Inc., and the department’s
 2647  evaluation and comment on any statutory or policy changes
 2648  recommended by Enterprise Florida, Inc.
 2649         (h)(i) For the purposes of this subsection, a high-impact
 2650  sector consists of the silicon technology sector that Enterprise
 2651  Florida, Inc., has found to be focused around the type of high
 2652  impact businesses for which the incentive created in this
 2653  subsection is required and will create the kinds of sector and
 2654  economy wide benefits that justify the use of state resources to
 2655  encourage these investments and require substantial inducements
 2656  to compete with the incentive packages offered by other states
 2657  and nations.
 2658         Section 49. Section 288.1081, Florida Statutes, is
 2659  repealed.
 2660         Section 50. Section 288.1082, Florida Statutes, is
 2661  repealed.
 2662         Section 51. Section 288.1088, Florida Statutes, is
 2663  repealed.
 2664         Section 52. Section 288.1089, Florida Statutes, is
 2665  repealed.
 2666         Section 53. Section 288.111, Florida Statutes, is amended
 2667  to read:
 2668         288.111 Information concerning local manufacturing
 2669  development programs.—The department shall develop materials
 2670  that identify each local government that establishes a local
 2671  manufacturing development program under s. 163.3252. The
 2672  materials, which the department may elect to develop and
 2673  maintain in electronic format or in any other format deemed by
 2674  the department to provide public access, must be updated at
 2675  least annually. Enterprise Florida, Inc., shall, and other State
 2676  agencies may, distribute the materials to prospective, new,
 2677  expanding, and relocating businesses seeking to conduct business
 2678  in this state.
 2679         Section 54. Subsection (7) of section 288.11621, Florida
 2680  Statutes, is amended to read:
 2681         288.11621 Spring training baseball franchises.—
 2682         (7) STRATEGIC PLANNING.—The department shall request
 2683  assistance from Enterprise Florida, Inc., and the Florida
 2684  Grapefruit League Association to develop a comprehensive
 2685  strategic plan to:
 2686         (a) Finance spring training facilities.
 2687         (b) Monitor and oversee the use of state funds awarded to
 2688  applicants.
 2689         (c) Identify the financial impact that spring training has
 2690  on the state and ways in which to maintain or improve that
 2691  impact.
 2692         (d) Identify opportunities to develop public-private
 2693  partnerships to engage in marketing activities and advertise
 2694  spring training baseball.
 2695         (e) Identify efforts made by other states to maintain or
 2696  develop partnerships with baseball spring training teams.
 2697         (f) Develop recommendations for the Legislature to sustain
 2698  or improve this state’s spring training tradition.
 2699         Section 55. Paragraph (c) of subsection (2) and paragraphs
 2700  (a), (c), and (d) of subsection (3) of section 288.11631,
 2701  Florida Statutes, are amended to read:
 2702         288.11631 Retention of Major League Baseball spring
 2703  training baseball franchises.—
 2704         (2) CERTIFICATION PROCESS.—
 2705         (c) Each applicant certified on or after July 1, 2013,
 2706  shall enter into an agreement with the department which:
 2707         1. Specifies the amount of the state incentive funding to
 2708  be distributed. The amount of state incentive funding per
 2709  certified applicant may not exceed $20 million. However, if a
 2710  certified applicant’s facility is used by more than one spring
 2711  training franchise, the maximum amount may not exceed $50
 2712  million, and the Department of Revenue shall make distributions
 2713  to the applicant pursuant to s. 212.20(6)(d)6.c. s.
 2714  212.20(6)(d)6.e.
 2715         2. States the criteria that the certified applicant must
 2716  meet in order to remain certified. These criteria must include a
 2717  provision stating that the spring training franchise must
 2718  reimburse the state for any funds received if the franchise does
 2719  not comply with the terms of the contract. If bonds were issued
 2720  to construct or renovate a facility for a spring training
 2721  franchise, the required reimbursement must be equal to the total
 2722  amount of state distributions expected to be paid from the date
 2723  the franchise violates the agreement with the applicant through
 2724  the final maturity of the bonds.
 2725         3. States that the certified applicant is subject to
 2726  decertification if the certified applicant fails to comply with
 2727  this section or the agreement.
 2728         4. States that the department may recover state incentive
 2729  funds if the certified applicant is decertified.
 2730         5. Specifies the information that the certified applicant
 2731  must report to the department.
 2732         6. Includes any provision deemed prudent by the department.
 2733         (3) USE OF FUNDS.—
 2734         (a) A certified applicant may use funds provided under s.
 2735  212.20(6)(d)6.c. s. 212.20(6)(d)6.e. only to:
 2736         1. Serve the public purpose of constructing or renovating a
 2737  facility for a spring training franchise.
 2738         2. Pay or pledge for the payment of debt service on, or to
 2739  fund debt service reserve funds, arbitrage rebate obligations,
 2740  or other amounts payable with respect thereto, bonds issued for
 2741  the construction or renovation of such facility, or for the
 2742  reimbursement of such costs or the refinancing of bonds issued
 2743  for such purposes.
 2744         (c) The Department of Revenue may not distribute funds
 2745  under s. 212.20(6)(d)6.c. s. 212.20(6)(d)6.e. until July 1,
 2746  2016. Further, the Department of Revenue may not distribute
 2747  funds to an applicant certified on or after July 1, 2013, until
 2748  it receives notice from the department that:
 2749         1. The certified applicant has encumbered funds under
 2750  either subparagraph (a)1. or subparagraph (a)2.; and
 2751         2. If applicable, any existing agreement with a spring
 2752  training franchise for the use of a facility has expired.
 2753         (d)1. All certified applicants shall place unexpended state
 2754  funds received pursuant to s. 212.20(6)(d)6.c. s.
 2755  212.20(6)(d)6.e. in a trust fund or separate account for use
 2756  only as authorized in this section.
 2757         2. A certified applicant may request that the department
 2758  notify the Department of Revenue to suspend further
 2759  distributions of state funds made available under s.
 2760  212.20(6)(d)6.c. s. 212.20(6)(d)6.e. for 12 months after
 2761  expiration of an existing agreement with a spring training
 2762  franchise to provide the certified applicant with an opportunity
 2763  to enter into a new agreement with a spring training franchise,
 2764  at which time the distributions shall resume.
 2765         3. The expenditure of state funds distributed to an
 2766  applicant certified after July 1, 2013, must begin within 48
 2767  months after the initial receipt of the state funds. In
 2768  addition, the construction or renovation of a spring training
 2769  facility must be completed within 24 months after the project’s
 2770  commencement.
 2771         Section 56. Section 288.1168, Florida Statutes, is
 2772  repealed.
 2773         Section 57. Section 288.1169, Florida Statutes, is
 2774  repealed.
 2775         Section 58. Section 288.122, Florida Statutes, is amended
 2776  to read:
 2777         288.122 Tourism Promotional Trust Fund.—There is created
 2778  within the department the Tourism Promotional Trust Fund. Moneys
 2779  deposited in the Tourism Promotional Trust Fund shall only be
 2780  used to support the authorized activities and operations and the
 2781  tourism promotion and marketing activities, services, functions,
 2782  and programs administered by the department Enterprise Florida,
 2783  Inc., through a contract with the direct-support organization
 2784  created under s. 288.1226.
 2785         Section 59. Subsections (2), (3), and (4), paragraphs (a),
 2786  (c), (g), (h), (i), and (k) of subsection (5), and subsections
 2787  (7) and (8) of section 288.1226, Florida Statutes, as amended by
 2788  chapter 2023-20, Laws of Florida, are amended to read:
 2789         288.1226 Florida Tourism Industry Marketing Corporation;
 2790  use of property; board of directors; duties; audit.—
 2791         (2) ESTABLISHMENT.—The Florida Tourism Industry Marketing
 2792  Corporation is a direct-support organization of the department
 2793  Enterprise Florida, Inc.
 2794         (a) The Florida Tourism Industry Marketing Corporation is a
 2795  corporation not for profit, as defined in s. 501(c)(6) of the
 2796  Internal Revenue Code of 1986, as amended, that is incorporated
 2797  under the provisions of chapter 617 and approved by the
 2798  Department of State.
 2799         (b) The corporation is organized and operated exclusively
 2800  to request, receive, hold, invest, and administer property and
 2801  to manage and make expenditures for the operation of the
 2802  activities, services, functions, and programs of this state
 2803  which relate to the statewide, national, and international
 2804  promotion and marketing of tourism.
 2805         (c)1. The corporation is not an agency for the purposes of
 2806  chapters 120, 216, and 287; ss. 255.21, 255.25, and 255.254,
 2807  relating to leasing of buildings; ss. 283.33 and 283.35,
 2808  relating to bids for printing; s. 215.31; and parts I, II, and
 2809  IV-VIII of chapter 112. However, the corporation shall comply
 2810  with the per diem and travel expense provisions of s. 112.061.
 2811         2. It is not a violation of s. 112.3143(2) or (4) for the
 2812  officers or members of the board of directors of the corporation
 2813  to:
 2814         a. Vote on the 4-year marketing plan required under s.
 2815  288.12261 s. 288.923 or vote on any individual component of or
 2816  amendment to the plan.
 2817         b. Participate in the establishment or calculation of
 2818  payments related to the private match requirements of subsection
 2819  (6). The officer or member must file an annual disclosure
 2820  describing the nature of his or her interests or the interests
 2821  of his or her principals, including corporate parents and
 2822  subsidiaries of his or her principal, in the private match
 2823  requirements. This annual disclosure requirement satisfies the
 2824  disclosure requirement of s. 112.3143(4). This disclosure must
 2825  be placed on the corporation’s website or included in the
 2826  minutes of each meeting of the corporation’s board of directors
 2827  at which the private match requirements are discussed or voted
 2828  upon.
 2829         (d) The corporation is subject to the provisions of chapter
 2830  119, relating to public meetings, and those provisions of
 2831  chapter 286 relating to public meetings and records.
 2832         (3) USE OF PROPERTY.—The department Enterprise Florida,
 2833  Inc.:
 2834         (a) Is authorized to permit the use of property and
 2835  facilities of the department Enterprise Florida, Inc., by the
 2836  corporation, subject to the provisions of this section.
 2837         (b) Shall prescribe conditions with which the corporation
 2838  must comply in order to use property and facilities of the
 2839  department Enterprise Florida, Inc. Such conditions shall
 2840  provide for budget and audit review and for oversight by the
 2841  department Enterprise Florida, Inc.
 2842         (c) May not permit the use of property and facilities of
 2843  the department Enterprise Florida, Inc., if the corporation does
 2844  not provide equal employment opportunities to all persons,
 2845  regardless of race, color, national origin, sex, age, or
 2846  religion.
 2847         (4) BOARD OF DIRECTORS.—The board of directors of the
 2848  corporation shall be composed of 31 tourism-industry-related
 2849  members, appointed by Enterprise Florida, Inc., in conjunction
 2850  with the department. Board members shall serve without
 2851  compensation, but are entitled to receive reimbursement for per
 2852  diem and travel expenses pursuant to s. 112.061. Such expenses
 2853  must be paid out of funds of the corporation. The board shall be
 2854  composed of all of the following members:
 2855         (a) Sixteen members, appointed in such a manner as to
 2856  equitably represent all geographic areas of this state, with no
 2857  fewer than two members from any of the following regions:
 2858         1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
 2859  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
 2860  Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
 2861         2. Region 2, composed of Alachua, Baker, Bradford, Clay,
 2862  Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
 2863  Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
 2864  Taylor, and Union Counties.
 2865         3. Region 3, composed of Brevard, Indian River, Lake,
 2866  Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
 2867  Volusia Counties.
 2868         4. Region 4, composed of Citrus, Hernando, Hillsborough,
 2869  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
 2870         5. Region 5, composed of Charlotte, Collier, DeSoto,
 2871  Glades, Hardee, Hendry, Highlands, and Lee Counties.
 2872         6. Region 6, composed of Broward, Martin, Miami-Dade,
 2873  Monroe, and Palm Beach Counties.
 2874         (b) The following industry and organization
 2875  representatives: 1 representative from the statewide rental car
 2876  industry; 7 representatives from tourist-related statewide
 2877  associations, including those that represent hotels,
 2878  campgrounds, county destination marketing organizations,
 2879  museums, restaurants, retail, and attractions; 3 representatives
 2880  from county destination marketing organizations; 1
 2881  representative from the cruise industry; 1 representative from
 2882  an automobile and travel services membership organization that
 2883  has at least 2.8 million members in Florida; 1 representative
 2884  from the airline industry; 1 representative from the nature
 2885  based tourism industry; and 1 representative from the space
 2886  tourism industry, who will each serve for a term of 2 years.
 2887         (5) POWERS AND DUTIES.—The corporation, in the performance
 2888  of its duties:
 2889         (a) May make and enter into contracts and assume such other
 2890  functions as are necessary to carry out the provisions of the 4
 2891  year marketing plan required by s. 288.12261 s. 288.923, and the
 2892  corporation’s contract with the department Enterprise Florida,
 2893  Inc., which are not inconsistent with this or any other
 2894  provision of law. A proposed contract with a total cost of
 2895  $750,000 or more is subject to the notice and review procedures
 2896  of s. 216.177. If the chair and vice chair of the Legislative
 2897  Budget Commission, or the President of the Senate and the
 2898  Speaker of the House of Representatives, timely advise the
 2899  corporation in writing that such proposed contract is contrary
 2900  to legislative policy and intent, the corporation may not
 2901  execute such proposed contract. The corporation may not enter
 2902  into multiple related contracts to avoid the requirements of
 2903  this paragraph.
 2904         (c) May establish a cooperative marketing program with
 2905  other public and private entities which allows the use of the
 2906  VISIT Florida logo in tourism promotion campaigns which meet the
 2907  standards of the department Enterprise Florida, Inc., for which
 2908  the corporation may charge a reasonable fee.
 2909         (g) Shall hire and establish salaries and personnel and
 2910  employee benefit programs for such permanent and temporary
 2911  employees as are necessary to carry out the provisions of the 4
 2912  year marketing plan and the corporation’s contract with the
 2913  department Enterprise Florida, Inc., which are not inconsistent
 2914  with this or any other provision of law. However, an employee
 2915  may not receive public compensation for employment that exceeds
 2916  the salary and benefits authorized to be paid to the Governor.
 2917  Any public payments of performance bonuses or severance pay to
 2918  employees of the corporation are prohibited unless specifically
 2919  authorized by law.
 2920         (h) May adopt, change, amend, and repeal bylaws, not
 2921  inconsistent with law or its articles of incorporation, for the
 2922  administration of the provisions of the 4-year marketing plan
 2923  and the corporation’s contract with the department Enterprise
 2924  Florida, Inc.
 2925         (i) May conduct its affairs, carry on its operations, and
 2926  have offices and exercise the powers granted by this act in any
 2927  state, territory, district, or possession of the United States
 2928  or any foreign country. Where feasible, appropriate, and
 2929  recommended by the 4-year marketing plan developed by the
 2930  Division of Tourism Promotion of Enterprise Florida, Inc., the
 2931  corporation may collocate the programs of foreign tourism
 2932  offices in cooperation with any foreign office operated by any
 2933  agency of this state.
 2934         (k) May request or accept any grant, payment, or gift, of
 2935  funds or property made by this state or by the United States or
 2936  any department or agency thereof or by any individual, firm,
 2937  corporation, municipality, county, or organization for any or
 2938  all of the purposes of the 4-year marketing plan and the
 2939  corporation’s contract with the department Enterprise Florida,
 2940  Inc., that are not inconsistent with this or any other provision
 2941  of law. Such funds shall be deposited in a bank account
 2942  established by the corporation’s board of directors. The
 2943  corporation may expend such funds in accordance with the terms
 2944  and conditions of any such grant, payment, or gift, in the
 2945  pursuit of its administration or in support of the programs it
 2946  administers. The corporation shall separately account for the
 2947  public funds and the private funds deposited into the
 2948  corporation’s bank account.
 2949         (7) ANNUAL AUDIT.—The corporation shall provide for an
 2950  annual financial audit in accordance with s. 215.981. The annual
 2951  audit report shall be submitted to the Auditor General; the
 2952  Office of Program Policy Analysis and Government Accountability;
 2953  Enterprise Florida, Inc.; and the department for review. The
 2954  Office of Program Policy Analysis and Government Accountability;
 2955  Enterprise Florida, Inc.; the department; and the Auditor
 2956  General have the authority to require and receive from the
 2957  corporation or from its independent auditor any detail or
 2958  supplemental data relative to the operation of the corporation.
 2959  The department shall annually certify whether the corporation is
 2960  operating in a manner and achieving the objectives that are
 2961  consistent with the policies and goals of the department
 2962  Enterprise Florida, Inc., and its long-range marketing plan. The
 2963  identity of a donor or prospective donor to the corporation who
 2964  desires to remain anonymous and all information identifying such
 2965  donor or prospective donor are confidential and exempt from the
 2966  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 2967  Constitution. Such anonymity shall be maintained in the
 2968  auditor’s report.
 2969         (8) REPORT.—The corporation shall provide to the department
 2970  a quarterly report that to Enterprise Florida, Inc., which
 2971  shall:
 2972         (a) Measures Measure the current vitality of the visitor
 2973  industry of this state as compared to the vitality of such
 2974  industry for the year to date and for comparable quarters of
 2975  past years. Indicators of vitality shall be determined by the
 2976  department Enterprise Florida, Inc., and shall include, but not
 2977  be limited to, estimated visitor count and party size, length of
 2978  stay, average expenditure per party, and visitor origin and
 2979  destination.
 2980         (b) Provides Provide detailed, unaudited financial
 2981  statements of sources and uses of public and private funds.
 2982         (c) Measures Measure progress toward towards annual goals
 2983  and objectives set forth in the 4-year marketing plan.
 2984         (d) Reviews Review all pertinent research findings.
 2985         (e) Provides Provide other measures of accountability as
 2986  requested by the department Enterprise Florida, Inc.
 2987  
 2988  The corporation must take all steps necessary to provide all
 2989  data that is used to develop the report, including source data,
 2990  to the Office of Economic and Demographic Research.
 2991         Section 60. Section 288.12265, Florida Statutes, is amended
 2992  to read:
 2993         288.12265 Welcome centers.—
 2994         (1) Responsibility for the welcome centers is assigned to
 2995  Enterprise Florida, Inc., which shall contract with the Florida
 2996  Tourism Industry Marketing Corporation to employ all welcome
 2997  center staff.
 2998         (2) The Florida Tourism Industry Marketing Corporation
 2999  Enterprise Florida, Inc., shall administer and operate the
 3000  welcome centers and,. pursuant to a contract with the Department
 3001  of Transportation, Enterprise Florida, Inc., shall be
 3002  responsible for routine repair, replacement, or improvement and
 3003  the day-to-day management of interior areas occupied by the
 3004  welcome centers. All other repairs, replacements, or
 3005  improvements to the welcome centers shall be the responsibility
 3006  of the Department of Transportation. Enterprise Florida, Inc.,
 3007  may contract with the Florida Tourism Industry Marketing
 3008  Corporation for the management and operation of the welcome
 3009  centers.
 3010         Section 61. Notwithstanding the repeal of section 288.1229,
 3011  Florida Statutes, in s. 485, chapter 2011-142, Laws of Florida,
 3012  that section is revived, readopted, and amended to read:
 3013         288.1229 Promotion and development of sports-related
 3014  industries and amateur athletics; direct-support organization
 3015  established; powers and duties.—
 3016         (1) The department shall establish a direct-support
 3017  organization known as the Florida Sports Foundation. The
 3018  foundation shall The Office of Tourism, Trade, and Economic
 3019  Development may authorize a direct-support organization to
 3020  assist the department office in:
 3021         (a) The promotion and development of the sports industry
 3022  and related industries for the purpose of improving the economic
 3023  presence of these industries in Florida.
 3024         (b) The promotion of amateur athletic participation for the
 3025  citizens of Florida and the promotion of Florida as a host for
 3026  national and international amateur athletic competitions for the
 3027  purpose of encouraging and increasing the direct and ancillary
 3028  economic benefits of amateur athletic events and competitions.
 3029         (c) The retention of professional sports franchises,
 3030  including the spring training operations of Major League
 3031  Baseball.
 3032         (2) The Florida Sports Foundation To be authorized as a
 3033  direct-support organization, an organization must:
 3034         (a) Be incorporated as a corporation not for profit
 3035  pursuant to chapter 617.
 3036         (b) Be governed by a board of directors, which must consist
 3037  of up to 15 members appointed by the Governor and up to 15
 3038  members appointed by the existing board of directors. In making
 3039  appointments, the Governor board must consider a potential
 3040  member’s background in community service and sports activism in,
 3041  and financial support of, the sports industry, professional
 3042  sports, or organized amateur athletics. Members must be
 3043  residents of the state and highly knowledgeable about or active
 3044  in professional or organized amateur sports.
 3045         1. The board must contain representatives of all
 3046  geographical regions of the state and must represent ethnic and
 3047  gender diversity.
 3048         2. The terms of office of the members shall be 4 years. No
 3049  member may serve more than two consecutive terms. The Governor
 3050  may remove any member for cause and shall fill all vacancies
 3051  that occur.
 3052         (c) Have as its purpose, as stated in its articles of
 3053  incorporation, to receive, hold, invest, and administer
 3054  property; to raise funds and receive gifts; and to promote and
 3055  develop the sports industry and related industries for the
 3056  purpose of increasing the economic presence of these industries
 3057  in Florida.
 3058         (d) Have a prior determination by the department Office of
 3059  Tourism, Trade, and Economic Development that the foundation
 3060  organization will benefit the department office and act in the
 3061  best interests of the state as a direct-support organization to
 3062  the department office.
 3063         (3) The Florida Sports Foundation shall operate under
 3064  contract with the department. The contract must provide Office
 3065  of Tourism, Trade, and Economic Development shall contract with
 3066  the organization and shall include in the contract that:
 3067         (a) The department office may review the foundation’s
 3068  organization’s articles of incorporation.
 3069         (b) The foundation organization shall submit an annual
 3070  budget proposal to the department office, on a form provided by
 3071  the department office, in accordance with department office
 3072  procedures for filing budget proposals based upon the
 3073  recommendation of the department office.
 3074         (c) Any funds that the foundation organization holds in
 3075  trust will revert to the state upon the expiration or
 3076  cancellation of the contract.
 3077         (d) The foundation organization is subject to an annual
 3078  financial and performance review by the department office to
 3079  determine whether the foundation organization is complying with
 3080  the terms of the contract and whether it is acting in a manner
 3081  consistent with the goals of the department office and in the
 3082  best interests of the state.
 3083         (e) The fiscal year of the foundation begins organization
 3084  will begin July 1 of each year and ends end June 30 of the next
 3085  ensuing year.
 3086         (4) The department Office of Tourism, Trade, and Economic
 3087  Development may allow the foundation organization to use the
 3088  property, facilities, personnel, and services of the department
 3089  office if the foundation organization provides equal employment
 3090  opportunities to all persons regardless of race, color,
 3091  religion, sex, age, or national origin, subject to the approval
 3092  of the executive director of the department office.
 3093         (5) The foundation organization shall provide for an annual
 3094  financial audit in accordance with s. 215.981.
 3095         (6) The foundation organization is not granted any taxing
 3096  power.
 3097         (7) In exercising the power provided in this section, the
 3098  Office of Tourism, Trade, and Economic Development may authorize
 3099  and contract with the direct-support organization existing on
 3100  June 30, 1996, and authorized by the former Florida Department
 3101  of Commerce to promote sports-related industries. An appointed
 3102  member of the board of directors of such direct-support
 3103  organization as of June 30, 1996, may serve the remainder of his
 3104  or her unexpired term.
 3105         (8) To promote amateur sports and physical fitness, the
 3106  foundation direct-support organization shall:
 3107         (a) Develop, foster, and coordinate services and programs
 3108  for amateur sports for the people of Florida.
 3109         (b) Sponsor amateur sports workshops, clinics, conferences,
 3110  and other similar activities.
 3111         (c) Give recognition to outstanding developments and
 3112  achievements in, and contributions to, amateur sports.
 3113         (d) Encourage, support, and assist local governments and
 3114  communities in the development of or hosting of local amateur
 3115  athletic events and competitions.
 3116         (e) Promote Florida as a host for national and
 3117  international amateur athletic competitions.
 3118         (f) Develop a statewide programs program of amateur
 3119  athletic competition to be known as the “Florida Senior Games”
 3120  and the “Sunshine State Games.”
 3121         (g) Continue the successful amateur sports programs
 3122  previously conducted by the Florida Governor’s Council on
 3123  Physical Fitness and Amateur Sports created under former s.
 3124  14.22.
 3125         (h) Encourage and continue the use of volunteers in its
 3126  amateur sports programs to the maximum extent possible.
 3127         (i) Develop, foster, and coordinate services and programs
 3128  designed to encourage the participation of Florida’s youth in
 3129  Olympic sports activities and competitions.
 3130         (j) Foster and coordinate services and programs designed to
 3131  contribute to the physical fitness of the citizens of Florida.
 3132         (8)(9)(a) The Sunshine State Games and Florida Senior Games
 3133  shall both be patterned after the Summer Olympics with
 3134  variations as necessitated by availability of facilities,
 3135  equipment, and expertise. The games shall be designed to
 3136  encourage the participation of athletes representing a broad
 3137  range of age groups, skill levels, and Florida communities.
 3138  Participants shall be residents of this state. Regional
 3139  competitions shall be held throughout the state, and the top
 3140  qualifiers in each sport shall proceed to the final competitions
 3141  to be held at a site in the state with the necessary facilities
 3142  and equipment for conducting the competitions.
 3143         (b) The department Executive Office of the Governor is
 3144  authorized to permit the use of property, facilities, and
 3145  personal services of or at any State University System facility
 3146  or institution by the direct-support organization operating the
 3147  Sunshine State Games and Florida Senior Games. For the purposes
 3148  of this paragraph, personal services includes full-time or part
 3149  time personnel as well as payroll processing.
 3150         Section 62. Section 288.125, Florida Statutes, is amended
 3151  to read:
 3152         288.125 Definition of “entertainment industry.”—For the
 3153  purposes of s. 288.1258 ss. 288.1251-288.1258, the term
 3154  “entertainment industry” means those persons or entities engaged
 3155  in the operation of motion picture or television studios or
 3156  recording studios; those persons or entities engaged in the
 3157  preproduction, production, or postproduction of motion pictures,
 3158  made-for-television movies, television programming, digital
 3159  media projects, commercial advertising, music videos, or sound
 3160  recordings; and those persons or entities providing products or
 3161  services directly related to the preproduction, production, or
 3162  postproduction of motion pictures, made-for-television movies,
 3163  television programming, digital media projects, commercial
 3164  advertising, music videos, or sound recordings, including, but
 3165  not limited to, the broadcast industry.
 3166         Section 63. Section 288.1251, Florida Statutes, is
 3167  repealed.
 3168         Section 64. Section 288.1252, Florida Statutes, is
 3169  repealed.
 3170         Section 65. Section 288.1253, Florida Statutes, is
 3171  repealed.
 3172         Section 66. Section 288.1254, Florida Statutes, is
 3173  repealed.
 3174         Section 67. Section 288.1258, Florida Statutes, is amended
 3175  to read:
 3176         288.1258 Entertainment industry qualified production
 3177  companies; application procedure; categories; duties of the
 3178  Department of Revenue; records and reports.—
 3179         (1) PRODUCTION COMPANIES AUTHORIZED TO APPLY.—
 3180         (a) Any production company engaged in this state in the
 3181  production of motion pictures, made-for-TV motion pictures,
 3182  television series, commercial advertising, music videos, or
 3183  sound recordings may submit an application to the Department of
 3184  Revenue to be approved by the department Office of Film and
 3185  Entertainment as a qualified production company for the purpose
 3186  of receiving a sales and use tax certificate of exemption from
 3187  the Department of Revenue.
 3188         (b) For the purposes of this section, “qualified production
 3189  company” means any production company that has submitted a
 3190  properly completed application to the Department of Revenue and
 3191  that is subsequently qualified by the department Office of Film
 3192  and Entertainment.
 3193         (2) APPLICATION PROCEDURE.—
 3194         (a) The Department of Revenue will review all submitted
 3195  applications for the required information. Within 10 working
 3196  days after the receipt of a properly completed application, the
 3197  Department of Revenue will forward the completed application to
 3198  the department Office of Film and Entertainment for approval.
 3199         (b)1. The department Office of Film and Entertainment shall
 3200  establish a process by which an entertainment industry
 3201  production company may be approved by the department office as a
 3202  qualified production company and may receive a certificate of
 3203  exemption from the Department of Revenue for the sales and use
 3204  tax exemptions under ss. 212.031, 212.06, and 212.08.
 3205         2. Upon determination by the department Office of Film and
 3206  Entertainment that a production company meets the established
 3207  approval criteria and qualifies for exemption, the department
 3208  Office of Film and Entertainment shall return the approved
 3209  application or application renewal or extension to the
 3210  Department of Revenue, which shall issue a certificate of
 3211  exemption.
 3212         3. The department Office of Film and Entertainment shall
 3213  deny an application or application for renewal or extension from
 3214  a production company if it determines that the production
 3215  company does not meet the established approval criteria.
 3216         (c) The department Office of Film and Entertainment shall
 3217  develop, with the cooperation of the Department of Revenue and
 3218  local government entertainment industry promotion agencies, a
 3219  standardized application form for use in approving qualified
 3220  production companies.
 3221         1. The application form shall include, but not be limited
 3222  to, production-related information on employment, proposed
 3223  budgets, planned purchases of items exempted from sales and use
 3224  taxes under ss. 212.031, 212.06, and 212.08, a signed
 3225  affirmation from the applicant that any items purchased for
 3226  which the applicant is seeking a tax exemption are intended for
 3227  use exclusively as an integral part of entertainment industry
 3228  preproduction, production, or postproduction activities engaged
 3229  in primarily in this state, and a signed affirmation from the
 3230  department Office of Film and Entertainment that the information
 3231  on the application form has been verified and is correct. In
 3232  lieu of information on projected employment, proposed budgets,
 3233  or planned purchases of exempted items, a production company
 3234  seeking a 1-year certificate of exemption may submit summary
 3235  historical data on employment, production budgets, and purchases
 3236  of exempted items related to production activities in this
 3237  state. Any information gathered from production companies for
 3238  the purposes of this section shall be considered confidential
 3239  taxpayer information and shall be disclosed only as provided in
 3240  s. 213.053.
 3241         2. The application form may be distributed to applicants by
 3242  the department Office of Film and Entertainment or local film
 3243  commissions.
 3244         (d) All applications, renewals, and extensions for
 3245  designation as a qualified production company shall be processed
 3246  by the department Office of Film and Entertainment.
 3247         (e) In the event that the Department of Revenue determines
 3248  that a production company no longer qualifies for a certificate
 3249  of exemption, or has used a certificate of exemption for
 3250  purposes other than those authorized by this section and chapter
 3251  212, the Department of Revenue shall revoke the certificate of
 3252  exemption of that production company, and any sales or use taxes
 3253  exempted on items purchased or leased by the production company
 3254  during the time such company did not qualify for a certificate
 3255  of exemption or improperly used a certificate of exemption shall
 3256  become immediately due to the Department of Revenue, along with
 3257  interest and penalty as provided by s. 212.12. In addition to
 3258  the other penalties imposed by law, any person who knowingly and
 3259  willfully falsifies an application, or uses a certificate of
 3260  exemption for purposes other than those authorized by this
 3261  section and chapter 212, commits a felony of the third degree,
 3262  punishable as provided in ss. 775.082, 775.083, and 775.084.
 3263         (3) CATEGORIES.—
 3264         (a)1. A production company may be qualified for designation
 3265  as a qualified production company for a period of 1 year if the
 3266  company has operated a business in Florida at a permanent
 3267  address for a period of 12 consecutive months. Such a qualified
 3268  production company shall receive a single 1-year certificate of
 3269  exemption from the Department of Revenue for the sales and use
 3270  tax exemptions under ss. 212.031, 212.06, and 212.08, which
 3271  certificate shall expire 1 year after issuance or upon the
 3272  cessation of business operations in the state, at which time the
 3273  certificate shall be surrendered to the Department of Revenue.
 3274         2. The department Office of Film and Entertainment shall
 3275  develop a method by which a qualified production company may
 3276  annually renew a 1-year certificate of exemption for a period of
 3277  up to 5 years without requiring the production company to
 3278  resubmit a new application during that 5-year period.
 3279         3. Any qualified production company may submit a new
 3280  application for a 1-year certificate of exemption upon the
 3281  expiration of that company’s certificate of exemption.
 3282         (b)1. A production company may be qualified for designation
 3283  as a qualified production company for a period of 90 days. Such
 3284  production company shall receive a single 90-day certificate of
 3285  exemption from the Department of Revenue for the sales and use
 3286  tax exemptions under ss. 212.031, 212.06, and 212.08, which
 3287  certificate shall expire 90 days after issuance, with extensions
 3288  contingent upon approval of the department Office of Film and
 3289  Entertainment. The certificate shall be surrendered to the
 3290  Department of Revenue upon its expiration.
 3291         2. Any production company may submit a new application for
 3292  a 90-day certificate of exemption upon the expiration of that
 3293  company’s certificate of exemption.
 3294         (4) DUTIES OF THE DEPARTMENT OF REVENUE.—
 3295         (a) The Department of Revenue shall review the initial
 3296  application and notify the applicant of any omissions and
 3297  request additional information if needed. An application shall
 3298  be complete upon receipt of all requested information. The
 3299  Department of Revenue shall forward all complete applications to
 3300  the department Office of Film and Entertainment within 10
 3301  working days.
 3302         (b) The Department of Revenue shall issue a numbered
 3303  certificate of exemption to a qualified production company
 3304  within 5 working days of the receipt of an approved application,
 3305  application renewal, or application extension from the
 3306  department Office of Film and Entertainment.
 3307         (c) The Department of Revenue may promulgate such rules and
 3308  shall prescribe and publish such forms as may be necessary to
 3309  effectuate the purposes of this section or any of the sales tax
 3310  exemptions which are reasonably related to the provisions of
 3311  this section.
 3312         (d) The Department of Revenue is authorized to establish
 3313  audit procedures in accordance with the provisions of ss.
 3314  212.12, 212.13, and 213.34 which relate to the sales tax
 3315  exemption provisions of this section.
 3316         (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
 3317  INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The department
 3318  Office of Film and Entertainment shall keep annual records from
 3319  the information provided on taxpayer applications for tax
 3320  exemption certificates. These records also must reflect a ratio
 3321  of the annual amount of sales and use tax exemptions under this
 3322  section, plus the incentives awarded pursuant to s. 288.1254 to
 3323  the estimated amount of funds expended by certified productions.
 3324  In addition, the department office shall maintain data showing
 3325  annual growth in Florida-based entertainment industry companies
 3326  and entertainment industry employment and wages. The employment
 3327  information must include an estimate of the full-time equivalent
 3328  positions created by each production that received tax credits
 3329  pursuant to s. 288.1254. The department Office of Film and
 3330  Entertainment shall annually report include this information in
 3331  the annual report required under s. 20.60 for the entertainment
 3332  industry financial incentive program required under s.
 3333  288.1254(10).
 3334         Section 68. Section 288.7015, Florida Statutes, is amended
 3335  to read:
 3336         288.7015 Appointment of rules ombudsman; duties.—The
 3337  Governor shall appoint a rules ombudsman, as defined in s.
 3338  288.703, in the Executive Office of the Governor, for
 3339  considering the impact of agency rules on the state’s citizens
 3340  and businesses. In carrying out duties as provided by law, the
 3341  ombudsman shall consult with Enterprise Florida, Inc., at which
 3342  point the department may recommend to improve the regulatory
 3343  environment of this state. The duties of the rules ombudsman are
 3344  to:
 3345         (1) Carry out the responsibility provided in s.
 3346  120.54(3)(b), with respect to small businesses.
 3347         (2) Review state agency rules that adversely or
 3348  disproportionately impact businesses, particularly those
 3349  relating to small and minority businesses.
 3350         (3) Make recommendations on any existing or proposed rules
 3351  to alleviate unnecessary or disproportionate adverse effects to
 3352  businesses.
 3353         (4) Each state agency shall cooperate fully with the rules
 3354  ombudsman in identifying such rules. Further, each agency shall
 3355  take the necessary steps to waive, modify, or otherwise minimize
 3356  such adverse effects of any such rules. However, nothing in this
 3357  section authorizes any state agency to waive, modify, provide
 3358  exceptions to, or otherwise alter any rule that is:
 3359         (a) Expressly required to implement or enforce any
 3360  statutory provision or the express legislative intent thereof;
 3361         (b) Designed to protect persons against discrimination on
 3362  the basis of race, color, national origin, religion, sex, age,
 3363  handicap, or marital status; or
 3364         (c) Likely to prevent a significant risk or danger to the
 3365  public health, the public safety, or the environment of the
 3366  state.
 3367         (5) The modification or waiver of any such rule pursuant to
 3368  this section must be accomplished in accordance with the
 3369  provisions of chapter 120.
 3370         Section 69. Subsection (11) of section 288.706, Florida
 3371  Statutes, is amended to read:
 3372         288.706 Florida Minority Business Loan Mobilization
 3373  Program.—
 3374         (11) The Department of Management Services shall
 3375  collaborate with Enterprise Florida, Inc., and the department to
 3376  assist in the development and enhancement of black business
 3377  enterprises.
 3378         Section 70. Subsection (1) of section 288.773, Florida
 3379  Statutes, is amended to read:
 3380         288.773 Florida Export Finance Corporation.—The Florida
 3381  Export Finance Corporation is hereby created as a corporation
 3382  not for profit, to be incorporated under the provisions of
 3383  chapter 617 and approved by the Department of State. The
 3384  corporation is organized on a nonstock basis. The purpose of the
 3385  corporation is to expand employment and income opportunities for
 3386  residents of this state through increased exports of goods and
 3387  services, by providing businesses domiciled in this state
 3388  information and technical assistance on export opportunities,
 3389  exporting techniques, and financial assistance through
 3390  guarantees and direct loan originations for sale in support of
 3391  export transactions. The corporation shall have the power and
 3392  authority to carry out the following functions:
 3393         (1) To coordinate the efforts of the corporation with
 3394  programs and goals of the United States Export-Import Bank, the
 3395  International Trade Administration of the United States
 3396  Department of Commerce, the Foreign Credit Insurance
 3397  Association, the department Enterprise Florida, Inc., and other
 3398  private and public programs and organizations, domestic and
 3399  foreign, designed to provide export assistance and export
 3400  related financing.
 3401         Section 71. Paragraph (a) of subsection (1) and paragraphs
 3402  (a), (c), and (g) of subsection (3) of section 288.776, Florida
 3403  Statutes, are amended to read:
 3404         288.776 Board of directors; powers and duties.—
 3405         (1)(a) The corporation shall have a board of directors
 3406  consisting of 15 members representing all geographic areas of
 3407  the state. Minority and gender representation must be considered
 3408  when making appointments to the board. The board membership must
 3409  include:
 3410         1. A representative of the following businesses, all of
 3411  which must be registered to do business in this state: a foreign
 3412  bank, a state bank, a federal bank, an insurance company
 3413  involved in covering trade financing risks, and a small or
 3414  medium-sized exporter.
 3415         2. The following persons or their designee: the Secretary
 3416  of Commerce the President of Enterprise Florida, Inc., the Chief
 3417  Financial Officer, the Secretary of State, and a senior official
 3418  of the United States Department of Commerce.
 3419         (3) The board shall:
 3420         (a) Prior to the expenditure of funds from the export
 3421  finance account, adopt bylaws and policies which are necessary
 3422  to carry out the responsibilities under this part, particularly
 3423  with respect to the implementation of the corporation’s programs
 3424  to insure, coinsure, lend, provide loan guarantees, and make
 3425  direct, guaranteed, or collateralized loans by the corporation
 3426  to support export transactions. The corporation’s bylaws and
 3427  policies shall be reviewed and approved by the department
 3428  Enterprise Florida, Inc., prior to final adoption by the board.
 3429         (c) Issue an annual report to the department Enterprise
 3430  Florida, Inc., on the activities of the corporation, including
 3431  an evaluation of activities and recommendations for change. The
 3432  evaluation shall include the corporation’s impact on the
 3433  following:
 3434         1. Participation of private banks and other private
 3435  organizations and individuals in the corporation’s export
 3436  financing programs.
 3437         2. Access of small and medium-sized businesses in this
 3438  state to federal export financing programs.
 3439         3. Export volume of the small and medium-sized businesses
 3440  in this state accessing the corporation’s programs.
 3441         4. Other economic and social benefits to international
 3442  programs in this state.
 3443         (g) Consult with the department Enterprise Florida, Inc.,
 3444  or any state or federal agency, to ensure that the respective
 3445  loan guarantee or working capital loan origination programs are
 3446  not duplicative and that each program makes full use of, to the
 3447  extent practicable, the resources of the other.
 3448         Section 72. Section 288.7771, Florida Statutes, is amended
 3449  to read:
 3450         288.7771 Annual report of Florida Export Finance
 3451  Corporation.—The corporation shall annually prepare and submit
 3452  to the department Enterprise Florida, Inc., for inclusion in its
 3453  annual report required under s. 20.60 s. 288.906, a complete and
 3454  detailed report setting forth:
 3455         (1) The report required in s. 288.776(3).
 3456         (2) Its assets and liabilities at the end of its most
 3457  recent fiscal year.
 3458         Section 73. Subsections (4) and (6) of section 288.816,
 3459  Florida Statutes, are amended to read:
 3460         288.816 Intergovernmental relations.—
 3461         (4) The state protocol officer shall serve as a contact for
 3462  the state with the Florida Washington Office, the Florida
 3463  Congressional Delegation, and United States Government agencies
 3464  with respect to laws or policies which may affect the interests
 3465  of the state in the area of international relations. All
 3466  inquiries received regarding international economic trade
 3467  development or reverse investment opportunities shall be
 3468  referred to the department Enterprise Florida, Inc. In addition,
 3469  the state protocol officer shall serve as liaison with other
 3470  states with respect to international programs of interest to
 3471  Florida. The state protocol officer shall also investigate and
 3472  make suggestions regarding possible areas of joint action or
 3473  regional cooperation with these states.
 3474         (6) The department and Enterprise Florida, Inc., shall help
 3475  to contribute an international perspective to the state’s
 3476  development efforts.
 3477         Section 74. Section 288.826, Florida Statutes, is amended
 3478  to read:
 3479         288.826 Florida International Trade and Promotion Trust
 3480  Fund.—There is hereby established in the State Treasury the
 3481  Florida International Trade and Promotion Trust Fund. The moneys
 3482  deposited into this trust fund shall be administered by the
 3483  department for the operation of the direct-support organization
 3484  created pursuant to s. 288.012 Enterprise Florida, Inc., and for
 3485  the operation of Florida international offices under s. 288.012.
 3486         Section 75. Section 288.901, Florida Statutes, is repealed.
 3487         Section 76. Section 288.9015, Florida Statutes, is
 3488  repealed.
 3489         Section 77. Section 288.903, Florida Statutes, is repealed.
 3490         Section 78. Section 288.904, Florida Statutes, is repealed.
 3491         Section 79. Section 288.905, Florida Statutes, is repealed.
 3492         Section 80. Section 288.906, Florida Statutes, is repealed.
 3493         Section 81. Section 288.907, Florida Statutes, is
 3494  renumbered as section 288.0065, Florida Statutes, and amended to
 3495  read:
 3496         288.0065 288.907 Annual incentives report.—By December 30
 3497  of each year, Enterprise Florida, Inc., in conjunction with the
 3498  department, shall provide the Governor, the President of the
 3499  Senate, and the Speaker of the House of Representatives a
 3500  detailed incentives report quantifying the economic benefits for
 3501  all of the economic development incentive programs administered
 3502  by the department and its public-private partnerships marketed
 3503  by Enterprise Florida, Inc. The annual incentives report must
 3504  include:
 3505         (1) For each incentive program:
 3506         (a) A brief description of the incentive program.
 3507         (b) The amount of awards granted, by year, since inception
 3508  and the annual amount actually transferred from the state
 3509  treasury to businesses or for the benefit of businesses for each
 3510  of the previous 3 years.
 3511         (c)The actual amount of private capital invested, actual
 3512  number of jobs created, and actual wages paid for incentive
 3513  agreements completed during the previous 3 years for each target
 3514  industry sector.
 3515         (2) For projects completed during the previous state fiscal
 3516  year:
 3517         (a) The number of economic development incentive
 3518  applications received.
 3519         (b) The number of recommendations made to the department by
 3520  Enterprise Florida, Inc., including the number recommended for
 3521  approval and the number recommended for denial.
 3522         (c) The number of final decisions issued by the department
 3523  for approval and for denial.
 3524         (c)(d) The projects for which a tax refund, tax credit, or
 3525  cash grant agreement was executed, identifying for each project:
 3526         1. The number of jobs committed to be created.
 3527         2. The amount of capital investments committed to be made.
 3528         3. The annual average wage committed to be paid.
 3529         4. The amount of state economic development incentives
 3530  committed to the project from each incentive program under the
 3531  project’s terms of agreement with the Department of Commerce
 3532  Economic Opportunity.
 3533         5. The amount and type of local matching funds committed to
 3534  the project.
 3535         (d)(e) Tax refunds paid or other payments made funded out
 3536  of the Economic Development Incentives Account for each project.
 3537         (e)(f) The types of projects supported.
 3538         (3) For economic development projects that received tax
 3539  refunds, tax credits, or cash grants under the terms of an
 3540  agreement for incentives:
 3541         (a) The number of jobs actually created.
 3542         (b) The amount of capital investments actually made.
 3543         (c) The annual average wage paid.
 3544         (4) For a project receiving economic development incentives
 3545  approved by the department and receiving federal or local
 3546  incentives, a description of the federal or local incentives, if
 3547  available.
 3548         (5) The number of withdrawn or terminated projects that did
 3549  not fulfill the terms of their agreements with the department
 3550  and, consequently, are not receiving incentives.
 3551         (6) For any agreements signed after July 1, 2010, findings
 3552  and recommendations on the efforts of the department to
 3553  ascertain the causes of any business’s inability to complete its
 3554  agreement made under s. 288.106.
 3555         (7) The amount of tax refunds, tax credits, or other
 3556  payments made to projects locating or expanding in state
 3557  enterprise zones, rural communities, brownfield areas, or
 3558  distressed urban communities. The report must include a separate
 3559  analysis of the impact of such tax refunds on state enterprise
 3560  zones designated under s. 290.0065, rural communities,
 3561  brownfield areas, and distressed urban communities.
 3562         (8)The name of and tax refund amount for each business
 3563  that has received a tax refund under s. 288.1045 or s. 288.106
 3564  during the preceding fiscal year.
 3565         (7)(9) An identification of the target industry businesses
 3566  and high-impact businesses.
 3567         (8)(10) A description of the trends relating to business
 3568  interest in, and usage of, the various incentives, and the
 3569  number of minority-owned or woman-owned businesses receiving
 3570  incentives.
 3571         (9)(11) An identification of incentive programs not used
 3572  and recommendations for program changes or program elimination.
 3573         (10)(12) Information related to the validation of
 3574  contractor performance required under s. 288.061.
 3575         (13)Beginning in 2014, A summation of the activities
 3576  related to the Florida Space Business Incentives Act.
 3577         Section 82. Section 288.911, Florida Statutes, is repealed.
 3578         Section 83. Section 288.912, Florida Statutes, is
 3579  renumbered as section 288.007, Florida Statutes, and amended to
 3580  read:
 3581         288.007 288.912 Inventory of communities seeking to recruit
 3582  businesses.—By September 30 of each year, a county or
 3583  municipality that has a population of at least 25,000 or its
 3584  local economic development organization must submit to the
 3585  department Enterprise Florida, Inc., a brief overview of the
 3586  strengths, services, and economic development incentives that
 3587  its community offers. The local government or its local economic
 3588  development organization also must identify any industries that
 3589  it is encouraging to locate or relocate to its area. A county or
 3590  municipality having a population of 25,000 or fewer or its local
 3591  economic development organization seeking to recruit businesses
 3592  may submit information as required in this section and may
 3593  participate in any activity or initiative resulting from the
 3594  collection, analysis, and reporting of the information to the
 3595  department Enterprise Florida, Inc., pursuant to this section.
 3596         Section 84. Section 288.92, Florida Statutes, is repealed.
 3597         Section 85. Section 288.923, Florida Statutes, is
 3598  renumbered as section 288.12261, Florida Statutes, and amended
 3599  to read:
 3600         288.12261288.923Division of Tourism Marketing;
 3601  definitions; responsibilities.—
 3602         (1) There is created within Enterprise Florida, Inc., the
 3603  Division of Tourism Marketing.
 3604         (2) As used in this section, the term:
 3605         (a) “Tourism marketing” means any effort exercised to
 3606  attract domestic and international visitors from outside the
 3607  state to destinations in this state and to stimulate Florida
 3608  resident tourism to areas within the state.
 3609         (b) “Tourist” means any person who participates in trade or
 3610  recreation activities outside the county of his or her permanent
 3611  residence or who rents or leases transient living quarters or
 3612  accommodations as described in s. 125.0104(3)(a).
 3613         (c) “County destination marketing organization” means a
 3614  public or private agency that is funded by local option tourist
 3615  development tax revenues under s. 125.0104, or local option
 3616  convention development tax revenues under s. 212.0305, and is
 3617  officially designated by a county commission to market and
 3618  promote the area for tourism or convention business or, in any
 3619  county that has not levied such taxes, a public or private
 3620  agency that is officially designated by the county commission to
 3621  market and promote the area for tourism or convention business.
 3622         (d) “Direct-support organization” means the Florida Tourism
 3623  Industry Marketing Corporation, doing business as VISIT Florida.
 3624         (2)(3)The department Enterprise Florida, Inc., shall
 3625  contract with the Florida Tourism Industry Marketing
 3626  Corporation, a direct-support organization established in s.
 3627  288.1226, to execute tourism promotion and marketing services,
 3628  functions, and programs for the state, including, but not
 3629  limited to, the activities prescribed by the 4-year marketing
 3630  plan. The division shall assist to maintain and implement the
 3631  contract.
 3632         (3)(4) The corporation’s division’s responsibilities and
 3633  duties include, but are not limited to:
 3634         (a) Maintaining and implementing the contract with the
 3635  Florida Tourism Industry Marketing Corporation.
 3636         (b) Advising the department and Enterprise Florida, Inc.,
 3637  on development of domestic and international tourism marketing
 3638  campaigns featuring Florida.
 3639         (b)(c) Developing a 4-year marketing plan.
 3640         1. At a minimum, the marketing plan shall discuss the
 3641  following:
 3642         a. Continuation of overall tourism growth in this state.
 3643         b. Expansion to new or under-represented tourist markets.
 3644         c. Maintenance of traditional and loyal tourist markets.
 3645         d. Coordination of efforts with county destination
 3646  marketing organizations, other local government marketing
 3647  groups, privately owned attractions and destinations, and other
 3648  private sector partners to create a seamless, four-season
 3649  advertising campaign for the state and its regions.
 3650         e. Development of innovative techniques or promotions to
 3651  build repeat visitation by targeted segments of the tourist
 3652  population.
 3653         f. Consideration of innovative sources of state funding for
 3654  tourism marketing.
 3655         g. Promotion of nature-based tourism, including, but not
 3656  limited to, promotion of the Florida Greenways and Trails System
 3657  as described under s. 260.014, the Florida Shared-Use
 3658  Nonmotorized Trail Network as described under s. 339.81, and
 3659  heritage tourism.
 3660         h. Coordination of efforts with the Office of Greenways and
 3661  Trails of the Department of Environmental Protection and the
 3662  department to promote and assist local communities, including,
 3663  but not limited to, communities designated as trail towns by the
 3664  Office of Greenways and Trails, to maximize use of nearby trails
 3665  as economic assets, including specific promotion of trail-based
 3666  tourism.
 3667         i. Promotion of and heritage tourism.
 3668         j.h. Development of a component to address emergency
 3669  response to natural and manmade disasters from a marketing
 3670  standpoint.
 3671         2. The plan shall be annual in construction and ongoing in
 3672  nature. Any annual revisions of the plan shall carry forward the
 3673  concepts of the remaining 3-year portion of the plan and
 3674  consider a continuum portion to preserve the 4-year timeframe of
 3675  the plan. The plan also shall include recommendations for
 3676  specific performance standards and measurable outcomes for the
 3677  corporation division and direct-support organization. The
 3678  department, in consultation with the board of directors of
 3679  Enterprise Florida, Inc., shall base the actual performance
 3680  metrics on these recommendations.
 3681         3. The 4-year marketing plan shall be developed in
 3682  collaboration with the Florida Tourism Industry Marketing
 3683  Corporation. The plan shall be annually reviewed and approved by
 3684  the department board of directors of Enterprise Florida, Inc.
 3685         (c)(d) Drafting and submitting to the department for
 3686  submittal to the Governor, the President of the Senate, and the
 3687  Speaker of the House of Representatives by December 1 of each
 3688  year an annual report required by s. 288.92. The annual report
 3689  shall set forth for the division and the direct-support
 3690  organization:
 3691         1. Operations and accomplishments during the fiscal year,
 3692  including the economic benefit of the state’s investment and
 3693  effectiveness of the marketing plan.
 3694         2. The 4-year marketing plan, including recommendations on
 3695  methods for implementing and funding the plan.
 3696         3. The assets and liabilities of the direct-support
 3697  organization at the end of its most recent fiscal year.
 3698         4. A copy of the annual financial and compliance audit
 3699  conducted under s. 288.1226(7).
 3700         (5)Notwithstanding s. 288.92, The division shall be
 3701  staffed by the Florida Tourism Industry Marketing Corporation.
 3702  Such staff shall not be considered to be employees of the
 3703  division and shall remain employees of the Florida Tourism
 3704  Industry Marketing Corporation. Section 288.905 does not apply
 3705  to the Florida Tourism Industry Marketing Corporation.
 3706         (4)(6) This section is repealed October 1, 2028, unless
 3707  reviewed and saved from repeal by the Legislature.
 3708         Section 86. Section 288.95155, Florida Statutes, is
 3709  repealed.
 3710         Section 87. Section 288.9519, Florida Statutes, is
 3711  repealed.
 3712         Section 88. Section 288.9520, Florida Statutes, is
 3713  renumbered as section 288.002, Florida Statutes, and amended to
 3714  read:
 3715         288.002 288.9520 Public records exemption for certain
 3716  materials held by the former Enterprise Florida, Inc.—Materials
 3717  that relate to methods of manufacture or production, potential
 3718  trade secrets, potentially patentable material, actual trade
 3719  secrets, business transactions, financial and proprietary
 3720  information, and agreements or proposals to receive funding that
 3721  are received, generated, ascertained, or discovered by the
 3722  former Enterprise Florida, Inc., including its affiliates or
 3723  subsidiaries and partnership participants, such as private
 3724  enterprises, educational institutions, and other organizations,
 3725  are confidential and exempt from the provisions of s. 119.07(1)
 3726  and s. 24(a), Art. I of the State Constitution, except that a
 3727  recipient of the former Enterprise Florida, Inc., research funds
 3728  shall make available, upon request, the title and description of
 3729  the research project, the name of the researcher, and the amount
 3730  and source of funding provided for the project. Effective July
 3731  1, 2023, the Department of Commerce is the custodian of any
 3732  public records made confidential and exempt under this section.
 3733         Section 89. Effective July 1, 2024, section 288.955,
 3734  Florida Statutes, is repealed.
 3735         Section 90. Subsection (10) of section 288.9603, Florida
 3736  Statutes, is amended to read:
 3737         288.9603 Definitions.—
 3738         (10) “Partnership” means the department Enterprise Florida,
 3739  Inc.
 3740         Section 91. Subsection (5) of section 288.9604, Florida
 3741  Statutes, is amended to read:
 3742         288.9604 Creation of the corporation.—
 3743         (5) This section is repealed July 1, 2023, and July 1 of
 3744  every fourth year thereafter, unless reviewed and saved from
 3745  repeal by the Legislature.
 3746         Section 92. Paragraph (v) of subsection (2) of section
 3747  288.9605, Florida Statutes, is amended to read:
 3748         288.9605 Corporation powers.—
 3749         (2) The corporation is authorized and empowered to:
 3750         (v) Enter into investment agreements with the department
 3751  Enterprise Florida, Inc., concerning the issuance of bonds and
 3752  other forms of indebtedness and capital.
 3753         Section 93. Section 288.9614, Florida Statutes, is amended
 3754  to read:
 3755         288.9614 Authorized programs.—The department Enterprise
 3756  Florida, Inc., may take any action that it deems necessary to
 3757  achieve the purposes of this act in partnership with private
 3758  enterprises, public agencies, and other organizations,
 3759  including, but not limited to, efforts to address the long-term
 3760  debt needs of small-sized and medium-sized firms, to address the
 3761  needs of microenterprises, to expand availability of venture
 3762  capital, and to increase international trade and export finance
 3763  opportunities for firms critical to achieving the purposes of
 3764  this act.
 3765         Section 94. Paragraphs (a) and (b) of subsection (1) of
 3766  section 288.9624, Florida Statutes, are amended to read:
 3767         288.9624 Florida Opportunity Fund; creation; duties.—
 3768         (1)(a) Enterprise Florida, Inc., shall facilitate the
 3769  creation of The Florida Opportunity Fund is, a private, not-for
 3770  profit corporation organized and operated under chapter 617.
 3771  Enterprise Florida, Inc., shall be the fund’s sole shareholder
 3772  or member. The fund is not a public corporation or
 3773  instrumentality of the state. The fund shall manage its business
 3774  affairs and conduct business consistent with its organizational
 3775  documents and the purposes set forth in this section and under
 3776  contract with the department. Notwithstanding the powers granted
 3777  under chapter 617, the corporation may not amend, modify, or
 3778  repeal a bylaw or article of incorporation without the express
 3779  written consent of the department Enterprise Florida, Inc.
 3780         (b) The board of directors of the Florida Opportunity Fund
 3781  shall have five members, appointed by the Governor vote of the
 3782  board of directors of Enterprise Florida, Inc. Board members
 3783  shall serve terms as provided in the fund’s organizational
 3784  documents. Within 90 days before an anticipated vacancy by
 3785  expiration of the term of a board member, the board of directors
 3786  of the fund shall submit a list of three eligible nominees,
 3787  which may include the incumbent, to the Governor. The Governor
 3788  board of directors of Enterprise Florida, Inc. The board of
 3789  directors of Enterprise Florida, Inc., may appoint a board
 3790  member from the nominee list or may request and appoint from a
 3791  new list of three nominees not included on the previous list.
 3792         Section 95. Subsection (2) and paragraph (a) of subsection
 3793  (9) of section 288.9625, Florida Statutes, are amended to read:
 3794         288.9625 Institute for Commercialization of Florida
 3795  Technology.—
 3796         (2) The purpose of the institute is to assist, without any
 3797  financial support or specific appropriations from the state, in
 3798  the commercialization of products developed by the research and
 3799  development activities of an innovation business, including, but
 3800  not limited to, those defined in former s. 288.1089. The
 3801  institute shall fulfill its purpose in the best interests of the
 3802  state. The institute:
 3803         (a) Is a corporation primarily acting as an instrumentality
 3804  of the state pursuant to s. 768.28(2), for the purposes of
 3805  sovereign immunity;
 3806         (b) Is not an agency within the meaning of s. 20.03(11);
 3807         (c) Is subject to the open records and meetings
 3808  requirements of s. 24, Art. I of the State Constitution, chapter
 3809  119, and s. 286.011;
 3810         (d) Is not subject to chapter 287;
 3811         (e) Is governed by the code of ethics for public officers
 3812  and employees as set forth in part III of chapter 112;
 3813         (f) May create corporate subsidiaries; and
 3814         (g) May not receive any financial support or specific
 3815  appropriations from the state.
 3816         (9) By December 1 of each year, the institute shall issue
 3817  an annual report concerning its activities to the Governor, the
 3818  President of the Senate, and the Speaker of the House of
 3819  Representatives. The annual report shall be considered a public
 3820  record, as provided in paragraph (3)(b), subject to any
 3821  appropriate exemptions under s. 288.9627. The annual report must
 3822  include the following:
 3823         (a) Information on any assistance provided by the institute
 3824  to an innovation business, as defined in former s. 288.1089.
 3825         Section 96. Subsection (4) of section 288.96255, Florida
 3826  Statutes, is amended to read:
 3827         288.96255 Florida Technology Seed Capital Fund; creation;
 3828  duties.—
 3829         (4) The private fund manager shall use a thorough and
 3830  detailed process that is modeled after investment industry
 3831  practices to evaluate a proposal. In order to approve a company
 3832  for investment, the private fund manager, on behalf of the
 3833  institute, must consider if:
 3834         (a) The company has a strong intellectual property
 3835  position, a capable management team, readily identifiable paths
 3836  to market or commercialization, significant job-growth
 3837  potential, the ability to provide other sources of capital to
 3838  leverage the state’s investment, and the potential to attract
 3839  additional funding;
 3840         (b) The private fund manager has had an opportunity to
 3841  complete due diligence to its satisfaction;
 3842         (c) The company is a target industry business as defined in
 3843  s. 288.005 s. 288.106(2); and
 3844         (d) An approved private-sector lead investor who has
 3845  demonstrated due diligence typical of start-up investments in
 3846  evaluating the potential of the company has identified the
 3847  company.
 3848         Section 97. Paragraph (b) of subsection (1) of section
 3849  288.980, Florida Statutes, is amended to read:
 3850         288.980 Military base retention; legislative intent; grants
 3851  program.—
 3852         (1)
 3853         (b) The Florida Defense Alliance, an organization within
 3854  the department Enterprise Florida, Inc., is designated as the
 3855  organization to ensure that Florida, its resident military bases
 3856  and missions, and its military host communities are in
 3857  competitive positions as the United States continues its defense
 3858  realignment and downsizing. The defense alliance shall serve as
 3859  an overall advisory body for defense-related activity of the
 3860  department Enterprise Florida, Inc. The Florida Defense Alliance
 3861  may receive funding from appropriations made for that purpose
 3862  administered by the department.
 3863         Section 98. Subsection (7) of section 288.987, Florida
 3864  Statutes, is amended to read:
 3865         288.987 Florida Defense Support Task Force.—
 3866         (7) The department shall support the task force and
 3867  contract with the task force for expenditure of appropriated
 3868  funds, which may be used by the task force for economic and
 3869  product research and development, joint planning with host
 3870  communities to accommodate military missions and prevent base
 3871  encroachment, advocacy on the state’s behalf with federal
 3872  civilian and military officials, assistance to school districts
 3873  in providing a smooth transition for large numbers of additional
 3874  military-related students, job training and placement for
 3875  military spouses in communities with high proportions of active
 3876  duty military personnel, and promotion of the state to military
 3877  and related contractors and employers. The task force may
 3878  annually spend up to $250,000 of funds appropriated to the
 3879  department for the task force for staffing and administrative
 3880  expenses of the task force, including travel and per diem costs
 3881  incurred by task force members who are not otherwise eligible
 3882  for state reimbursement.
 3883         Section 99. Section 288.991, Florida Statutes, is repealed.
 3884         Section 100. Section 288.9912, Florida Statutes, is
 3885  repealed.
 3886         Section 101. Section 288.9913, Florida Statutes, is
 3887  repealed.
 3888         Section 102. Section 288.9914, Florida Statutes, is
 3889  repealed.
 3890         Section 103. Section 288.9915, Florida Statutes, is
 3891  repealed.
 3892         Section 104. Section 288.9916, Florida Statutes, is
 3893  repealed.
 3894         Section 105. Section 288.9917, Florida Statutes, is
 3895  repealed.
 3896         Section 106. Section 288.9918, Florida Statutes, is
 3897  repealed.
 3898         Section 107. Section 288.9919, Florida Statutes, is
 3899  repealed.
 3900         Section 108. Section 288.9920, Florida Statutes, is
 3901  repealed.
 3902         Section 109. Section 288.9921, Florida Statutes, is
 3903  repealed.
 3904         Section 110. Section 288.9922, Florida Statutes, is
 3905  repealed.
 3906         Section 111. Subsection (2) of section 288.9932, Florida
 3907  Statutes, is amended to read:
 3908         288.9932 Definitions.—As used in this part, the term:
 3909         (2) “Domiciled in this state” means authorized to do
 3910  business in this state and located in this state.
 3911         Section 112. Section 288.9934, Florida Statutes, is
 3912  repealed.
 3913         Section 113. Subsections (3) through (9) of section
 3914  288.9935, Florida Statutes, are amended to read:
 3915         288.9935 Microfinance Guarantee Program.—
 3916         (3) The department must enter into a contract with
 3917  Enterprise Florida, Inc., to administer the Microfinance
 3918  Guarantee Program. In administering the program, Enterprise
 3919  Florida, Inc., must, at a minimum:
 3920         (a) Establish lender and borrower eligibility requirements
 3921  in addition to those provided in this section;
 3922         (b) Determine a reasonable leverage ratio of loan amounts
 3923  guaranteed to state funds; however, the leverage ratio may not
 3924  exceed 3 to 1;
 3925         (c) Establish reasonable fees and interest;
 3926         (d) Promote the program to financial institutions that
 3927  provide loans to entrepreneurs and small businesses in order to
 3928  maximize the number of lenders throughout the state which
 3929  participate in the program;
 3930         (e) Enter into a memorandum of understanding with the
 3931  network to promote the program to underserved entrepreneurs and
 3932  small businesses;
 3933         (f) Establish limits on the total amount of loan guarantees
 3934  a single lender can receive;
 3935         (g) Establish an average loan guarantee amount for loans
 3936  guaranteed under this section;
 3937         (h) Establish a risk-sharing strategy to be employed in the
 3938  event of a loan failure; and
 3939         (i) Establish financial performance measures and objectives
 3940  for the program in order to maximize the state funds.
 3941         (4) The department Enterprise Florida, Inc., is limited to
 3942  providing loan guarantees for loans with total loan amounts of
 3943  at least $50,000 and not more than $250,000. A loan guarantee
 3944  may not exceed 50 percent of the total loan amount.
 3945         (5) The department Enterprise Florida, Inc., may not
 3946  guarantee a loan if the direct or indirect purpose or result of
 3947  the loan would be to:
 3948         (a) Pay off any creditors of the applicant, including the
 3949  refund of a debt owed to a small business investment company
 3950  organized pursuant to 15 U.S.C. s. 681;
 3951         (b) Provide funds, directly or indirectly, for payment,
 3952  distribution, or as a loan to owners, partners, or shareholders
 3953  of the applicant’s business, except as ordinary compensation for
 3954  services rendered;
 3955         (c) Finance the acquisition, construction, improvement, or
 3956  operation of real property which is, or will be, held primarily
 3957  for sale or investment;
 3958         (d) Pay for lobbying activities; or
 3959         (e) Replenish funds used for any of the purposes specified
 3960  in paragraphs (a)-(d).
 3961         (6) The department Enterprise Florida, Inc., may not use
 3962  funds appropriated from the state for costs associated with
 3963  administering the guarantee program.
 3964         (7) To be eligible to receive a loan guarantee under the
 3965  Microfinance Guarantee Program, a borrower must, at a minimum:
 3966         (a) Be an entrepreneur or small business located in this
 3967  state;
 3968         (b) Employ 25 or fewer people;
 3969         (c) Generate average annual gross revenues of $1.5 million
 3970  or less per year for the last 2 years; and
 3971         (d) Meet any additional requirements established by the
 3972  department Enterprise Florida, Inc.
 3973         (8) The department must, By October 1 of each year,
 3974  Enterprise Florida, Inc., shall submit a complete and detailed
 3975  annual report to the department for inclusion in the
 3976  department’s report required under s. 20.60(10), include an
 3977  annual report on the program. The report must, at a minimum,
 3978  provide:
 3979         (a) A comprehensive description of the program, including
 3980  an evaluation of its application and guarantee activities,
 3981  recommendations for change, and identification of any other
 3982  state programs that overlap with the program;
 3983         (b) An assessment of the current availability of and access
 3984  to credit for entrepreneurs and small businesses in this state;
 3985         (c) A summary of the financial and employment results of
 3986  the entrepreneurs and small businesses receiving loan
 3987  guarantees, including the number of full-time equivalent jobs
 3988  created as a result of the guaranteed loans and the amount of
 3989  wages paid to employees in the newly created jobs;
 3990         (d) Industry data about the borrowers, including the six
 3991  digit North American Industry Classification System (NAICS)
 3992  code;
 3993         (e) The name and location of lenders that receive loan
 3994  guarantees;
 3995         (f) The amount of state funds received by Enterprise
 3996  Florida, Inc.;
 3997         (g) The number of loan guarantee applications received;
 3998         (g)(h) The number, duration, location, and amount of
 3999  guarantees made;
 4000         (h)(i) The number and amount of guaranteed loans
 4001  outstanding, if any;
 4002         (i)(j) The number and amount of guaranteed loans with
 4003  payments overdue, if any;
 4004         (j)(k) The number and amount of guaranteed loans in
 4005  default, if any;
 4006         (k)(l) The repayment history of the guaranteed loans made;
 4007  and
 4008         (l)(m) An evaluation of the program’s ability to meet the
 4009  financial performance measures and objectives specified in
 4010  subsection (3).
 4011         (9) The credit of the state or Enterprise Florida, Inc.,
 4012  may not be pledged except for funds appropriated by law to the
 4013  Microfinance Guarantee Program. The state is not liable or
 4014  obligated in any way for claims on the program or against
 4015  Enterprise Florida, Inc., or the department.
 4016         Section 114. Section 288.9936, Florida Statutes, is
 4017  repealed.
 4018         Section 115. Section 288.9937, Florida Statutes, is
 4019  repealed.
 4020         Section 116. Subsection (3) of section 288.9961, Florida
 4021  Statutes, is amended to read:
 4022         288.9961 Promotion of broadband adoption; Florida Office of
 4023  Broadband.—
 4024         (3) STATE AGENCY.—The department is designated as the lead
 4025  state agency to facilitate the expansion of broadband Internet
 4026  service in this state. The department shall work collaboratively
 4027  with private businesses and receive staffing support and other
 4028  resources from Enterprise Florida, Inc., state agencies, local
 4029  governments, and community organizations.
 4030         Section 117. Paragraph (h) of subsection (8) of section
 4031  290.0056, Florida Statutes, is amended to read:
 4032         290.0056 Enterprise zone development agency.—
 4033         (8) The enterprise zone development agency shall have the
 4034  following powers and responsibilities:
 4035         (h) To work with the department and Enterprise Florida,
 4036  Inc., to ensure that the enterprise zone coordinator receives
 4037  training on an annual basis.
 4038         Section 118. Paragraph (b) of subsection (4) and subsection
 4039  (7) of section 290.0065, Florida Statutes, are amended to read:
 4040         290.0065 State designation of enterprise zones.—
 4041         (4)
 4042         (b) In consultation with Enterprise Florida, Inc., The
 4043  department shall, based on the enterprise zone profile and the
 4044  grounds for redesignation expressed in the resolution, determine
 4045  whether the enterprise zone merits redesignation. The department
 4046  may also examine and consider the following:
 4047         1. Progress made, if any, in the enterprise zone’s
 4048  strategic plan.
 4049         2. Use of enterprise zone incentives during the life of the
 4050  enterprise zone.
 4051  
 4052  If the department determines that the enterprise zone merits
 4053  redesignation, the department shall notify the governing body in
 4054  writing of its approval of redesignation.
 4055         (7) Upon approval by the department of a resolution
 4056  authorizing an area to be an enterprise zone pursuant to this
 4057  section, the department shall assign a unique identifying number
 4058  to that resolution. The department shall provide the Department
 4059  of Revenue and Enterprise Florida, Inc., with a copy of each
 4060  resolution approved, together with its identifying number.
 4061         Section 119. Section 290.00677, Florida Statutes, is
 4062  amended to read:
 4063         290.00677 Rural enterprise zones; special qualifications.—
 4064         (1) Notwithstanding the enterprise zone residency
 4065  requirements set out in s. 212.096(1)(c), eligible businesses as
 4066  defined in s. 212.096(1)(a) located in rural enterprise zones as
 4067  defined in s. 290.004 may receive the basic minimum credit
 4068  provided under s. 212.096 for creating a new job and hiring a
 4069  person residing within the jurisdiction of a rural community as
 4070  defined in former s. 288.106(2). All other provisions of s.
 4071  212.096, including, but not limited to, those relating to the
 4072  award of enhanced credits, apply to such businesses.
 4073         (2) Notwithstanding the enterprise zone residency
 4074  requirements set out in s. 220.03(1)(q), businesses as defined
 4075  in s. 220.03(1)(c) located in rural enterprise zones as defined
 4076  in s. 290.004 may receive the basic minimum credit provided
 4077  under s. 220.181 for creating a new job and hiring a person
 4078  residing within the jurisdiction of a rural community as defined
 4079  in former s. 288.106(2). All other provisions of s. 220.181,
 4080  including, but not limited to, those relating to the award of
 4081  enhanced credits, apply to such businesses.
 4082         Section 120. Subsections (3) and (4) of section 290.053,
 4083  Florida Statutes, are amended to read:
 4084         290.053 Response to economic emergencies in small
 4085  communities.—
 4086         (3) A local government entity shall notify the Governor
 4087  and, the Department of Commerce Economic Opportunity, and
 4088  Enterprise Florida, Inc., when one or more of the conditions
 4089  specified in subsection (2) have occurred or will occur if
 4090  action is not taken to assist the local governmental entity or
 4091  the affected community.
 4092         (4) Upon notification that one or more of the conditions
 4093  described in subsection (2) exist, the Governor or his or her
 4094  designee shall contact the local governmental entity to
 4095  determine what actions have been taken by the local governmental
 4096  entity or the affected community to resolve the economic
 4097  emergency. The Governor may waive the eligibility criteria of
 4098  any program or activity administered by the Department of
 4099  Commerce Economic Opportunity or Enterprise Florida, Inc., to
 4100  provide economic relief to the affected community by granting
 4101  participation in such programs or activities. The Governor shall
 4102  consult with the President of the Senate and the Speaker of the
 4103  House of Representatives and shall take other action, as
 4104  necessary, to resolve the economic emergency in the most
 4105  expedient manner possible. All actions taken pursuant to this
 4106  section shall be within current appropriations and shall have no
 4107  annualized impact beyond normal growth.
 4108         Section 121. Paragraph (d) of subsection (3) and subsection
 4109  (4) of section 295.22, Florida Statutes, are amended to read:
 4110         295.22 Veterans Employment and Training Services Program.—
 4111         (3) ADMINISTRATION.—Florida Is For Veterans, Inc., shall
 4112  administer the Veterans Employment and Training Services Program
 4113  and perform all of the following functions:
 4114         (d) Create a grant program to provide funding to assist
 4115  veterans in meeting the workforce-skill needs of businesses
 4116  seeking to hire, promote, or generally improve specialized
 4117  skills of veterans, establish criteria for approval of requests
 4118  for funding, and maximize the use of funding for this program.
 4119  Grant funds may be used only in the absence of available
 4120  veteran-specific federally funded programs. Grants may fund
 4121  specialized training specific to a particular business.
 4122         1. If grant funds are used to provide a technical
 4123  certificate, a licensure, or a degree, funds may be allocated
 4124  only upon a review that includes, but is not limited to,
 4125  documentation of accreditation and licensure. Instruction funded
 4126  through the program terminates when participants demonstrate
 4127  competence at the level specified in the request but may not
 4128  exceed 12 months. Preference shall be given to target industry
 4129  businesses, as defined in s. 288.005 s. 288.106, and to
 4130  businesses in the defense supply, cloud virtualization, or
 4131  commercial aviation manufacturing industries.
 4132         2. Costs and expenditures shall be limited to $8,000 per
 4133  veteran trainee. Qualified businesses must cover the entire cost
 4134  for all of the training provided before receiving reimbursement
 4135  from the corporation equal to 50 percent of the cost to train a
 4136  veteran who is a permanent, full-time employee. Eligible costs
 4137  and expenditures include:
 4138         a. Tuition and fees.
 4139         b. Books and classroom materials.
 4140         c. Rental fees for facilities.
 4141         3. Before funds are allocated for a request pursuant to
 4142  this section, the corporation shall prepare a grant agreement
 4143  between the business requesting funds and the corporation. Such
 4144  agreement must include, but need not be limited to:
 4145         a. Identification of the personnel necessary to conduct the
 4146  instructional program, instructional program description, and
 4147  any vendors used to conduct the instructional program.
 4148         b. Identification of the estimated duration of the
 4149  instructional program.
 4150         c. Identification of all direct, training-related costs.
 4151         d. Identification of special program requirements that are
 4152  not otherwise addressed in the agreement.
 4153         e. Permission to access aggregate information specific to
 4154  the wages and performance of participants upon the completion of
 4155  instruction for evaluation purposes. The agreement must specify
 4156  that any evaluation published subsequent to the instruction may
 4157  not identify the employer or any individual participant.
 4158         4. A business may receive a grant under the Quick-Response
 4159  Training Program created under s. 288.047 and a grant under this
 4160  section for the same veteran trainee. If a business receives
 4161  funds under both programs, one grant agreement may be entered
 4162  into with CareerSource Florida, Inc., as the grant
 4163  administrator.
 4164         (4)DUTIES OF ENTERPRISE FLORIDA, INC.—Enterprise Florida,
 4165  Inc., shall provide information about the corporation and its
 4166  services to prospective, new, expanding, and relocating
 4167  businesses seeking to conduct business in this state. Enterprise
 4168  Florida, Inc., shall, to the greatest extent possible,
 4169  collaborate with the corporation to meet the employment needs,
 4170  including meeting the job-creation requirements, of any business
 4171  receiving assistance or services from Enterprise Florida, Inc.
 4172         Section 122. Paragraph (a) of subsection (6), paragraph (b)
 4173  of subsection (9), paragraph (a) of subsection (34), subsection
 4174  (57), and paragraph (b) of subsection (61) of section 320.08058,
 4175  Florida Statutes, are amended to read:
 4176         320.08058 Specialty license plates.—
 4177         (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
 4178  PLATES.—
 4179         (a) Because the United States Olympic Committee has
 4180  selected this state to participate in a combined fundraising
 4181  program that provides for one-half of all money raised through
 4182  volunteer giving to stay in this state and be administered by
 4183  the Florida Sports Foundation Enterprise Florida, Inc., to
 4184  support amateur sports, and because the United States Olympic
 4185  Committee and the Florida Sports Foundation Enterprise Florida,
 4186  Inc., are nonprofit organizations dedicated to providing
 4187  athletes with support and training and preparing athletes of all
 4188  ages and skill levels for sports competition, and because the
 4189  Florida Sports Foundation Enterprise Florida, Inc., assists in
 4190  the bidding for sports competitions that provide significant
 4191  impact to the economy of this state, and the Legislature
 4192  supports the efforts of the United States Olympic Committee and
 4193  the Florida Sports Foundation Enterprise Florida, Inc., the
 4194  Legislature establishes a Florida United States Olympic
 4195  Committee license plate for the purpose of providing a
 4196  continuous funding source to support this worthwhile effort.
 4197  Florida United States Olympic Committee license plates must
 4198  contain the official United States Olympic Committee logo and
 4199  must bear a design and colors that are approved by the
 4200  department. The word “Florida” must be centered at the top of
 4201  the plate.
 4202         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
 4203         (b) The license plate annual use fees are to be annually
 4204  distributed as follows:
 4205         1. Fifty-five percent of the proceeds from the Florida
 4206  Professional Sports Team plate must be deposited into the
 4207  Professional Sports Development Trust Fund within the Department
 4208  of Commerce Economic Opportunity. These funds must be used
 4209  solely to attract and support major sports events in this state.
 4210  As used in this subparagraph, the term “major sports events”
 4211  means, but is not limited to, championship or all-star contests
 4212  of Major League Baseball, the National Basketball Association,
 4213  the National Football League, the National Hockey League, Major
 4214  League Soccer, the men’s and women’s National Collegiate
 4215  Athletic Association Final Four basketball championship, or a
 4216  horseracing or dogracing Breeders’ Cup. All funds must be used
 4217  to support and promote major sporting events, and the uses must
 4218  be approved by the Department of Commerce Economic Opportunity.
 4219         2. The remaining proceeds of the Florida Professional
 4220  Sports Team license plate must be allocated to the Florida
 4221  Sports Foundation Enterprise Florida, Inc. These funds must be
 4222  deposited into the Professional Sports Development Trust Fund
 4223  within the Department of Commerce Economic Opportunity. These
 4224  funds must be used by the Florida Sports Foundation Enterprise
 4225  Florida, Inc., to promote the economic development of the sports
 4226  industry; to distribute licensing and royalty fees to
 4227  participating professional sports teams; to promote education
 4228  programs in Florida schools that provide an awareness of the
 4229  benefits of physical activity and nutrition standards; to
 4230  partner with the Department of Education and the Department of
 4231  Health to develop a program that recognizes schools whose
 4232  students demonstrate excellent physical fitness or fitness
 4233  improvement; to institute a grant program for communities
 4234  bidding on minor sporting events that create an economic impact
 4235  for the state; to distribute funds to Florida-based charities
 4236  designated by the Florida Sports Foundation Enterprise Florida,
 4237  Inc., and the participating professional sports teams; and to
 4238  fulfill the sports promotion responsibilities of the Department
 4239  of Commerce Economic Opportunity.
 4240         3. The Florida Sports Foundation Enterprise Florida, Inc.,
 4241  shall provide an annual financial audit in accordance with s.
 4242  215.981 of its financial accounts and records by an independent
 4243  certified public accountant pursuant to the contract established
 4244  by the Department of Commerce as specified in s. 288.1229(5)
 4245  Economic Opportunity. The auditor shall submit the audit report
 4246  to the Department of Commerce Economic Opportunity for review
 4247  and approval. If the audit report is approved, the Department of
 4248  Commerce Economic Opportunity shall certify the audit report to
 4249  the Auditor General for review.
 4250         4. Notwithstanding the provisions of subparagraphs 1. and
 4251  2., proceeds from the Professional Sports Development Trust Fund
 4252  may also be used for operational expenses of the Florida Sports
 4253  Foundation Enterprise Florida, Inc., and financial support of
 4254  the Sunshine State Games and Florida Senior Games.
 4255         (34) FLORIDA GOLF LICENSE PLATES.—
 4256         (a) The Department of Highway Safety and Motor Vehicles
 4257  shall develop a Florida Golf license plate as provided in this
 4258  section. The word “Florida” must appear at the bottom of the
 4259  plate. The Dade Amateur Golf Association, following consultation
 4260  with the Florida Sports Foundation, the PGA TOUR, Enterprise
 4261  Florida, Inc., the LPGA, and the PGA of America, may submit a
 4262  revised sample plate for consideration by the department.
 4263         (57) FLORIDA NASCAR LICENSE PLATES.—
 4264         (a) The department shall develop a Florida NASCAR license
 4265  plate as provided in this section. Florida NASCAR license plates
 4266  must bear the colors and design approved by the department. The
 4267  word “Florida” must appear at the top of the plate, and the term
 4268  “NASCAR” must appear at the bottom of the plate. The National
 4269  Association for Stock Car Auto Racing, following consultation
 4270  with the Florida Sports Foundation Enterprise Florida, Inc., may
 4271  submit a sample plate for consideration by the department.
 4272         (b) The license plate annual use fees shall be distributed
 4273  to the Florida Sports Foundation Enterprise Florida, Inc. The
 4274  license plate annual use fees shall be annually allocated as
 4275  follows:
 4276         1. Up to 5 percent of the proceeds from the annual use fees
 4277  may be used by the Florida Sports Foundation Enterprise Florida,
 4278  Inc., for the administration of the NASCAR license plate
 4279  program.
 4280         2. The National Association for Stock Car Auto Racing shall
 4281  receive up to $60,000 in proceeds from the annual use fees to be
 4282  used to pay startup costs, including costs incurred in
 4283  developing and issuing the plates. Thereafter, 10 percent of the
 4284  proceeds from the annual use fees shall be provided to the
 4285  association for the royalty rights for the use of its marks.
 4286         3. The remaining proceeds from the annual use fees shall be
 4287  distributed to the Florida Sports Foundation Enterprise Florida,
 4288  Inc. The Florida Sports Foundation Enterprise Florida, Inc.,
 4289  will retain 15 percent to support its regional grant program,
 4290  attracting sporting events to Florida; 20 percent to support the
 4291  marketing of motorsports-related tourism in the state; and 50
 4292  percent to be paid to the NASCAR Foundation, a s. 501(c)(3)
 4293  charitable organization, to support Florida-based charitable
 4294  organizations.
 4295         (c) The Florida Sports Foundation Enterprise Florida, Inc.,
 4296  shall provide an annual financial audit in accordance with s.
 4297  215.981 of its financial accounts and records by an independent
 4298  certified public accountant pursuant to the contract established
 4299  by the Department of Commerce as specified in s. 288.1229(5)
 4300  Economic Opportunity. The auditor shall submit the audit report
 4301  to the Department of Commerce Economic Opportunity for review
 4302  and approval. If the audit report is approved, the Department of
 4303  Commerce Economic Opportunity shall certify the audit report to
 4304  the Auditor General for review.
 4305         (61) FLORIDA TENNIS LICENSE PLATES.—
 4306         (b) The department shall distribute the annual use fees to
 4307  the Florida Sports Foundation Enterprise Florida, Inc. The
 4308  license plate annual use fees shall be annually allocated as
 4309  follows:
 4310         1. Up to 5 percent of the proceeds from the annual use fees
 4311  may be used by the Florida Sports Foundation Enterprise Florida,
 4312  Inc., to administer the license plate program.
 4313         2. The United States Tennis Association Florida Section
 4314  Foundation shall receive the first $60,000 in proceeds from the
 4315  annual use fees to reimburse it for startup costs,
 4316  administrative costs, and other costs it incurs in the
 4317  development and approval process.
 4318         3. Up to 5 percent of the proceeds from the annual use fees
 4319  may be used for promoting and marketing the license plates. The
 4320  remaining proceeds shall be available for grants by the United
 4321  States Tennis Association Florida Section Foundation to
 4322  nonprofit organizations to operate youth tennis programs and
 4323  adaptive tennis programs for special populations of all ages,
 4324  and for building, renovating, and maintaining public tennis
 4325  courts.
 4326         Section 123. Paragraph (a) of subsection (1) of section
 4327  339.2821, Florida Statutes, is amended to read:
 4328         339.2821 Economic development transportation projects.—
 4329         (1)(a) The department, in consultation with the Department
 4330  of Commerce Economic Opportunity and Enterprise Florida, Inc.,
 4331  may make and approve expenditures and contract with the
 4332  appropriate governmental body for the direct costs of
 4333  transportation projects. The Department of Commerce Economic
 4334  Opportunity and the Department of Environmental Protection may
 4335  formally review and comment on recommended transportation
 4336  projects, although the department has final approval authority
 4337  for any project authorized under this section.
 4338         Section 124. Paragraph (h) of subsection (2) of section
 4339  377.703, Florida Statutes, is amended to read:
 4340         377.703 Additional functions of the Department of
 4341  Agriculture and Consumer Services.—
 4342         (2) DUTIES.—The department shall perform the following
 4343  functions, unless as otherwise provided, consistent with the
 4344  development of a state energy policy:
 4345         (h) The department shall promote the development and use of
 4346  renewable energy resources, in conformance with chapter 187 and
 4347  s. 377.601, by:
 4348         1. Establishing goals and strategies for increasing the use
 4349  of renewable energy in this state.
 4350         2. Aiding and promoting the commercialization of renewable
 4351  energy resources, in cooperation with the Florida Energy Systems
 4352  Consortium, the Florida Solar Energy Center, Enterprise Florida,
 4353  Inc., and any other federal, state, or local governmental agency
 4354  that may seek to promote research, development, and the
 4355  demonstration of renewable energy equipment and technology.
 4356         3. Identifying barriers to greater use of renewable energy
 4357  resources in this state, and developing specific recommendations
 4358  for overcoming identified barriers, with findings and
 4359  recommendations to be submitted annually in the report to the
 4360  Governor and Legislature required under paragraph (f).
 4361         4. In cooperation with the Department of Environmental
 4362  Protection, the Department of Transportation, the Department of
 4363  Commerce Economic Opportunity, Enterprise Florida, Inc., the
 4364  Florida Energy Systems Consortium, the Florida Solar Energy
 4365  Center, and the Florida Solar Energy Industries Association,
 4366  investigating opportunities, pursuant to the national Energy
 4367  Policy Act of 1992, the Housing and Community Development Act of
 4368  1992, and any subsequent federal legislation, for renewable
 4369  energy resources, electric vehicles, and other renewable energy
 4370  manufacturing, distribution, installation, and financing efforts
 4371  that enhance this state’s position as the leader in renewable
 4372  energy research, development, and use.
 4373         5. Undertaking other initiatives to advance the development
 4374  and use of renewable energy resources in this state.
 4375  
 4376  In the exercise of its responsibilities under this paragraph,
 4377  the department shall seek the assistance of the renewable energy
 4378  industry in this state and other interested parties and may
 4379  enter into contracts, retain professional consulting services,
 4380  and expend funds appropriated by the Legislature for such
 4381  purposes.
 4382         Section 125. Subsection (5) of section 377.804, Florida
 4383  Statutes, is amended to read:
 4384         377.804 Renewable Energy and Energy-Efficient Technologies
 4385  Grants Program.—
 4386         (5) The department shall solicit the expertise of state
 4387  agencies, Enterprise Florida, Inc., and state universities, and
 4388  may solicit the expertise of other public and private entities
 4389  it deems appropriate, in evaluating project proposals. State
 4390  agencies shall cooperate with the department and provide such
 4391  assistance as requested.
 4392         Section 126. Paragraph (a) of subsection (4) of section
 4393  377.809, Florida Statutes, is amended to read:
 4394         377.809 Energy Economic Zone Pilot Program.—
 4395         (4)(a) Beginning July 1, 2012, all the incentives and
 4396  benefits provided for enterprise zones pursuant to state law
 4397  shall be available to the energy economic zones designated
 4398  pursuant to this section on or before July 1, 2010. In order to
 4399  provide incentives, by March 1, 2012, each local governing body
 4400  that has jurisdiction over an energy economic zone must, by
 4401  local ordinance, establish the boundary of the energy economic
 4402  zone, specify applicable energy-efficiency standards, and
 4403  determine eligibility criteria for the application of state and
 4404  local incentives and benefits in the energy economic zone.
 4405  However, in order to receive benefits provided under s. 288.106,
 4406  a business must be a qualified target industry business under s.
 4407  288.106 for state purposes. An energy economic zone’s boundary
 4408  may be revised by local ordinance. Such incentives and benefits
 4409  include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183,
 4410  288.106, and 624.5105 and the public utility discounts provided
 4411  in s. 290.007(8). The exemption provided in s. 212.08(5)(c)
 4412  shall be for renewable energy as defined in s. 377.803. For
 4413  purposes of this section, any applicable requirements for
 4414  employee residency for higher refund or credit thresholds must
 4415  be based on employee residency in the energy economic zone or an
 4416  enterprise zone. A business in an energy economic zone may also
 4417  be eligible for funding under ss. 288.047 and 445.003, and a
 4418  transportation project in an energy economic zone shall be
 4419  provided priority in funding under s. 339.2821. Other projects
 4420  shall be given priority ranking to the extent practicable for
 4421  grants administered under state energy programs.
 4422         Section 127. Subsections (1) and (5) of section 380.0657,
 4423  Florida Statutes, are amended to read:
 4424         380.0657 Expedited permitting process for economic
 4425  development projects.—
 4426         (1) The Department of Environmental Protection and, as
 4427  appropriate, the water management districts created under
 4428  chapter 373 shall adopt programs to expedite the processing of
 4429  wetland resource and environmental resource permits for economic
 4430  development projects that have been identified by a municipality
 4431  or county as meeting the definition of target industry
 4432  businesses under s. 288.005 s. 288.106, or any intermodal
 4433  logistics center receiving or sending cargo to or from Florida
 4434  ports, with the exception of those projects requiring approval
 4435  by the Board of Trustees of the Internal Improvement Trust Fund.
 4436         (5) Notwithstanding the provisions of this section, permit
 4437  applications for projects to be located in a charter county that
 4438  has a population of 1.2 million or more and has entered into a
 4439  delegation agreement with the Department of Environmental
 4440  Protection or the applicable water management district to
 4441  process environmental resource permits, wetland resource
 4442  management permits, or surface water management permits pursuant
 4443  to chapter 373 are eligible for expedited permitting under this
 4444  section only upon designation by resolution of the charter
 4445  county’s governing board. Before the governing board decides
 4446  that a project is eligible for expedited permitting, it may
 4447  require the county’s economic development agency, or such other
 4448  agency that provides advice to the governing board on economic
 4449  matters, to review and recommend whether the project meets the
 4450  definition of a target industry business as defined in s.
 4451  288.005 s. 288.106 and to identify the tangible benefits and
 4452  impacts of the project. The governing board’s decision shall be
 4453  made without consideration of the project’s geographic location
 4454  within the charter county. If the governing board designates the
 4455  project as a target industry business, the permit application
 4456  for the project shall be approved or denied within the timeframe
 4457  provided in subsection (4).
 4458         Section 128. Subsection (5) of section 403.7032, Florida
 4459  Statutes, is amended to read:
 4460         403.7032 Recycling.—
 4461         (5) The Department of Environmental Protection shall create
 4462  the Recycling Business Assistance Center by December 1, 2010. In
 4463  carrying out its duties under this subsection, the department
 4464  shall consult with state agency personnel appointed to serve as
 4465  economic development liaisons under s. 288.021 and seek
 4466  technical assistance from Enterprise Florida, Inc., to ensure
 4467  the Recycling Business Assistance Center is positioned to
 4468  succeed. The purpose of the center shall be to serve as the
 4469  mechanism for coordination among state agencies and the private
 4470  sector in order to coordinate policy and overall strategic
 4471  planning for developing new markets and expanding and enhancing
 4472  existing markets for recyclable materials in this state, other
 4473  states, and foreign countries. The duties of the center must
 4474  include, at a minimum:
 4475         (a) Identifying and developing new markets and expanding
 4476  and enhancing existing markets for recyclable materials.
 4477         (b) Pursuing expanded end uses for recycled materials.
 4478         (c) Targeting materials for concentrated market development
 4479  efforts.
 4480         (d) Developing proposals for new incentives for market
 4481  development, particularly focusing on targeted materials.
 4482         (e) Providing guidance on issues such as permitting,
 4483  finance options for recycling market development, site location,
 4484  research and development, grant program criteria for recycled
 4485  materials markets, recycling markets education and information,
 4486  and minimum content.
 4487         (f) Coordinating the efforts of various governmental
 4488  entities having market development responsibilities in order to
 4489  optimize supply and demand for recyclable materials.
 4490         (g) Evaluating source-reduced products as they relate to
 4491  state procurement policy. The evaluation shall include, but is
 4492  not limited to, the environmental and economic impact of source
 4493  reduced product purchases to the state. For the purposes of this
 4494  paragraph, the term “source-reduced” means any method, process,
 4495  product, or technology that significantly or substantially
 4496  reduces the volume or weight of a product while providing, at a
 4497  minimum, equivalent or generally similar performance and service
 4498  to and for the users of such materials.
 4499         (h) Providing evaluation of solid waste management grants,
 4500  pursuant to s. 403.7095, to reduce the flow of solid waste to
 4501  disposal facilities and encourage the sustainable recovery of
 4502  materials from Florida’s waste stream.
 4503         (i) Providing below-market financing for companies that
 4504  manufacture products from recycled materials or convert
 4505  recyclable materials into raw materials for use in manufacturing
 4506  pursuant to the Florida Recycling Loan Program as administered
 4507  by the Florida First Capital Finance Corporation.
 4508         (j) Maintaining a continuously updated online directory
 4509  listing the public and private entities that collect, transport,
 4510  broker, process, or remanufacture recyclable materials in the
 4511  state.
 4512         (k) Providing information on the availability and benefits
 4513  of using recycled materials to private entities and industries
 4514  in the state.
 4515         (l) Distributing any materials prepared in implementing
 4516  this subsection to the public, private entities, industries,
 4517  governmental entities, or other organizations upon request.
 4518         (m) Coordinating with the Department of Commerce Economic
 4519  Opportunity and its partners to provide job placement and job
 4520  training services to job seekers through the state’s workforce
 4521  services programs.
 4522         Section 129. Effective July 1, 2024, paragraph (e) of
 4523  subsection (3) and paragraph (b) of subsection (14) of section
 4524  403.973, Florida Statutes, are amended to read:
 4525         403.973 Expedited permitting; amendments to comprehensive
 4526  plans.—
 4527         (3)
 4528         (e) Projects that are part of the state-of-the-art
 4529  biomedical research institution and campus to be established in
 4530  this state by the grantee under s. 288.955 are eligible for the
 4531  expedited permitting process, if the projects are designated as
 4532  part of the institution or campus by the board of county
 4533  commissioners of the county in which the institution and campus
 4534  are established.
 4535         (14)
 4536         (b) Projects identified in paragraphs (3)(e), (f), and (g)
 4537  (3)(f)-(h) or challenges to state agency action in the expedited
 4538  permitting process for establishment of a state-of-the-art
 4539  biomedical research institution and campus in this state by the
 4540  grantee under s. 288.955 are subject to the same requirements as
 4541  challenges brought under paragraph (a), except that,
 4542  notwithstanding s. 120.574, summary proceedings must be
 4543  conducted within 30 days after a party files the motion for
 4544  summary hearing, regardless of whether the parties agree to the
 4545  summary proceeding.
 4546         Section 130. Subsections (15) and (17) of section 403.973,
 4547  Florida Statutes, are amended to read:
 4548         403.973 Expedited permitting; amendments to comprehensive
 4549  plans.—
 4550         (15)The Department of Economic Opportunity, working with
 4551  the agencies providing cooperative assistance and input
 4552  regarding the memoranda of agreement, shall review sites
 4553  proposed for the location of facilities that the Department of
 4554  Economic Opportunity has certified to be eligible for the
 4555  Innovation Incentive Program under s. 288.1089. Within 20 days
 4556  after the request for the review by the Department of Economic
 4557  Opportunity, the agencies shall provide to the Department of
 4558  Economic Opportunity a statement as to each site’s necessary
 4559  permits under local, state, and federal law and an
 4560  identification of significant permitting issues, which if
 4561  unresolved, may result in the denial of an agency permit or
 4562  approval or any significant delay caused by the permitting
 4563  process.
 4564         (16)(17) The Department of Commerce Economic Opportunity
 4565  shall be responsible for certifying a business as eligible for
 4566  undergoing expedited review under this section. Enterprise
 4567  Florida, Inc., A county or municipal government, or the Rural
 4568  Economic Development Initiative may recommend to the Department
 4569  of Commerce Economic Opportunity that a project meeting the
 4570  minimum job creation threshold undergo expedited review.
 4571         Section 131. Paragraph (c) of subsection (1) of section
 4572  443.091, Florida Statutes, is amended to read:
 4573         443.091 Benefit eligibility conditions.—
 4574         (1) An unemployed individual is eligible to receive
 4575  benefits for any week only if the Department of Commerce
 4576  Economic Opportunity finds that:
 4577         (c) To make continued claims for benefits, she or he is
 4578  reporting to the department in accordance with this paragraph
 4579  and department rules. Department rules may not conflict with s.
 4580  443.111(1)(b), which requires that each claimant continue to
 4581  report regardless of any pending appeal relating to her or his
 4582  eligibility or disqualification for benefits.
 4583         1. For each week of unemployment claimed, each report must,
 4584  at a minimum, include the name and address of each prospective
 4585  employer contacted, or the date the claimant reported to a one
 4586  stop career center, pursuant to paragraph (d). For the purposes
 4587  of this subparagraph, the term “address” means a website
 4588  address, a physical address, or an e-mail address.
 4589         2. The department shall offer an online assessment aimed at
 4590  identifying an individual’s skills, abilities, and career
 4591  aptitude. The skills assessment must be voluntary, and the
 4592  department shall allow a claimant to choose whether to take the
 4593  skills assessment. The online assessment shall be made available
 4594  to any person seeking services from a local workforce
 4595  development board or a one-stop career center.
 4596         a. If the claimant chooses to take the online assessment,
 4597  the outcome of the assessment shall be made available to the
 4598  claimant, local workforce development board, and one-stop career
 4599  center. The department, local workforce development board, or
 4600  one-stop career center shall use the assessment to develop a
 4601  plan for referring individuals to training and employment
 4602  opportunities. Aggregate data on assessment outcomes may be made
 4603  available to CareerSource Florida, Inc., and Enterprise Florida,
 4604  Inc., for use in the development of policies related to
 4605  education and training programs that will ensure that businesses
 4606  in this state have access to a skilled and competent workforce.
 4607         b. Individuals shall be informed of and offered services
 4608  through the one-stop delivery system, including career
 4609  counseling, the provision of skill match and job market
 4610  information, and skills upgrade and other training
 4611  opportunities, and shall be encouraged to participate in such
 4612  services at no cost to the individuals. The department shall
 4613  coordinate with CareerSource Florida, Inc., the local workforce
 4614  development boards, and the one-stop career centers to identify,
 4615  develop, and use best practices for improving the skills of
 4616  individuals who choose to participate in skills upgrade and
 4617  other training opportunities. The department may contract with
 4618  an entity to create the online assessment in accordance with the
 4619  competitive bidding requirements in s. 287.057. The online
 4620  assessment must work seamlessly with the Reemployment Assistance
 4621  Claims and Benefits Information System.
 4622         Section 132. Paragraph (h) of subsection (1) of section
 4623  443.191, Florida Statutes, is amended to read:
 4624         443.191 Unemployment Compensation Trust Fund; establishment
 4625  and control.—
 4626         (1) There is established, as a separate trust fund apart
 4627  from all other public funds of this state, an Unemployment
 4628  Compensation Trust Fund, which shall be administered by the
 4629  Department of Commerce Economic Opportunity exclusively for the
 4630  purposes of this chapter. The fund must consist of:
 4631         (h) All money deposited in this account as a distribution
 4632  pursuant to s. 212.20(6)(d)6.e. s. 212.20(6)(d)6.g.
 4633  
 4634  Except as otherwise provided in s. 443.1313(4), all moneys in
 4635  the fund must be mingled and undivided.
 4636         Section 133. Paragraph (d) of subsection (3), paragraph (b)
 4637  of subsection (5), and paragraph (a) of subsection (6) of
 4638  section 445.004, Florida Statutes, are amended to read:
 4639         445.004 CareerSource Florida, Inc., and the state board;
 4640  creation; purpose; membership; duties and powers.—
 4641         (3)
 4642         (d) The state board must include the Secretary of Commerce
 4643  Economic Opportunity or his or her designee, the vice
 4644  chairperson of the board of directors of Enterprise Florida,
 4645  Inc., and one member representing each of the Workforce
 4646  Innovation and Opportunity Act partners, including the Division
 4647  of Career and Adult Education, the Division of Vocational
 4648  Rehabilitation, the Division of Blind Services, the Department
 4649  of Children and Families, and other entities representing
 4650  programs identified in the Workforce Innovation and Opportunity
 4651  Act, as determined necessary.
 4652         (5) The state board has all the powers and authority not
 4653  explicitly prohibited by statute which are necessary or
 4654  convenient to carry out and effectuate its purposes as
 4655  determined by statute, Pub. L. No. 113-128, and the Governor, as
 4656  well as its functions, duties, and responsibilities, including,
 4657  but not limited to, the following:
 4658         (b) Providing policy direction to ensure that the following
 4659  programs are administered by the department consistent with
 4660  approved plans:
 4661         1. Programs authorized under Title I of the Workforce
 4662  Innovation and Opportunity Act, Pub. L. No. 113-128, with the
 4663  exception of programs funded directly by the United States
 4664  Department of Labor under Title I, s. 167.
 4665         2. Programs authorized under the Wagner-Peyser Act of 1933,
 4666  as amended, 29 U.S.C. ss. 49 et seq.
 4667         3. Activities authorized under Title II of the Trade Act of
 4668  2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
 4669  Adjustment Assistance Program.
 4670         4. Activities authorized under 38 U.S.C. chapter 41,
 4671  including job counseling, training, and placement for veterans.
 4672         5. Employment and training activities carried out under
 4673  funds awarded to this state by the United States Department of
 4674  Housing and Urban Development.
 4675         6. Welfare transition services funded by the Temporary
 4676  Assistance for Needy Families Program, created under the
 4677  Personal Responsibility and Work Opportunity Reconciliation Act
 4678  of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
 4679  of the Social Security Act, as amended.
 4680         7. The Florida Bonding Program, provided under Pub. L. No.
 4681  97-300, s. 164(a)(1).
 4682         8. The Food Assistance Employment and Training Program,
 4683  provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
 4684  2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
 4685  the Hunger Prevention Act, Pub. L. No. 100-435; and the
 4686  Agriculture Improvement Act of 2018, Pub. L. No. 115-334.
 4687         9. The Quick-Response Training Program, provided under ss.
 4688  288.046-288.047. Matching funds and in-kind contributions that
 4689  are provided by clients of the Quick-Response Training Program
 4690  count toward the requirements of s. 288.904, pertaining to the
 4691  return on investment from activities of Enterprise Florida, Inc.
 4692         10. The Work Opportunity Tax Credit, provided under the Tax
 4693  and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
 4694  the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
 4695         11. Offender placement services, provided under ss.
 4696  944.707-944.708.
 4697         (6) The state board shall achieve the purposes of this
 4698  section by:
 4699         (a) Creating a state employment, education, and training
 4700  policy that ensures workforce related programs are responsive to
 4701  present and future business and industry needs and complement
 4702  the initiatives of Enterprise Florida, Inc.
 4703         Section 134. Subsection (5) of section 445.045, Florida
 4704  Statutes, is amended to read:
 4705         445.045 Development of an Internet-based system for
 4706  information technology industry promotion and workforce
 4707  recruitment.—
 4708         (5) In furtherance of the requirements of this section that
 4709  the website promote and market the information technology
 4710  industry by communicating information on the scope of the
 4711  industry in this state, CareerSource Florida, Inc., shall
 4712  coordinate its efforts with the high-technology industry
 4713  marketing efforts of Enterprise Florida, Inc., under s. 288.911.
 4714  Through links or actual content, the website developed under
 4715  this section shall serve as a forum for distributing the
 4716  marketing campaign developed by Enterprise Florida, Inc., under
 4717  s. 288.911. In addition, CareerSource Florida, Inc., shall
 4718  solicit input from the not-for-profit corporation created to
 4719  advocate on behalf of the information technology industry as an
 4720  outgrowth of the Information Service Technology Development Task
 4721  Force created under chapter 99-354, Laws of Florida.
 4722         Section 135. Subsections (2) and (5) of section 446.44,
 4723  Florida Statutes, are amended to read:
 4724         446.44 Duties of Rural Workforce Services Program.—It shall
 4725  be the direct responsibility of the Rural Workforce Services
 4726  Program to promote and deliver employment and workforce services
 4727  and resources to the rural undeveloped and underdeveloped
 4728  counties of the state in an effort to:
 4729         (2)Assist Enterprise Florida, Inc., in attracting light,
 4730  pollution-free industry to the rural counties.
 4731         (4)(5) Develop rural workforce programs that will be
 4732  evaluated, planned, and implemented through communications and
 4733  planning with appropriate:
 4734         (a) Departments of state and federal governments.
 4735         (b)Units of Enterprise Florida, Inc.
 4736         (b)(c) Agencies and organizations of the public and private
 4737  sectors at the state, regional, and local levels.
 4738         Section 136. Subsection (5) of section 477.0135, Florida
 4739  Statutes, is amended to read:
 4740         477.0135 Exemptions.—
 4741         (5) A license is not required of any individual providing
 4742  makeup, special effects, or cosmetology services to an actor,
 4743  stunt person, musician, extra, or other talent during a
 4744  theatrical, film, or other entertainment production recognized
 4745  by the Office of Film and Entertainment as a qualified
 4746  production as defined in s. 288.1254(1). Such services are not
 4747  required to be performed in a licensed salon. Individuals exempt
 4748  under this subsection may not provide such services to the
 4749  general public.
 4750         Section 137. Subsection (1) of section 570.81, Florida
 4751  Statutes, is amended to read:
 4752         570.81 Agricultural Economic Development Project Review
 4753  Committee; powers and duties.—
 4754         (1) There is created an Agricultural Economic Development
 4755  Project Review Committee consisting of five members appointed by
 4756  the commissioner. The members shall be appointed based upon the
 4757  recommendations submitted by each entity represented on the
 4758  committee and shall include:
 4759         (a) The commissioner or the commissioner’s designee.
 4760         (b) One representative from the Farm Credit Service.
 4761         (c) One representative from the Department of Commerce
 4762  Enterprise Florida, Inc.
 4763         (d) One representative from the Florida Farm Bureau
 4764  Federation.
 4765         (e) One agricultural economist from the Institute of Food
 4766  and Agricultural Sciences or from Florida Agricultural and
 4767  Mechanical University.
 4768         Section 138. Subsection (2) of section 570.85, Florida
 4769  Statutes, is amended to read:
 4770         570.85 Agritourism.—
 4771         (2) The Department of Agriculture and Consumer Services may
 4772  provide marketing advice, technical expertise, promotional
 4773  support, and product development related to agritourism to
 4774  assist the following in their agritourism initiatives: Florida
 4775  Tourism Industry Marketing Corporation, Enterprise Florida,
 4776  Inc.; convention and visitor bureaus,; tourist development
 4777  councils,; economic development organizations,; and local
 4778  governments. In carrying out this responsibility, the department
 4779  shall focus its agritourism efforts on rural and urban
 4780  communities.
 4781         Section 139. Section 625.3255, Florida Statutes, is amended
 4782  to read:
 4783         625.3255 Capital participation instrument.—An insurer may
 4784  invest in any capital participation instrument or evidence of
 4785  indebtedness issued by the Department of Commerce Enterprise
 4786  Florida, Inc., pursuant to the Florida Small and Minority
 4787  Business Assistance Act.
 4788         Section 140. Paragraph (b) of subsection (4) of section
 4789  657.042, Florida Statutes, is amended to read:
 4790         657.042 Investment powers and limitations.—A credit union
 4791  may invest its funds subject to the following definitions,
 4792  restrictions, and limitations:
 4793         (4) INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF
 4794  CAPITAL OF THE CREDIT UNION.—Up to 1 percent of the capital of
 4795  the credit union may be invested in any of the following:
 4796         (b) Any capital participation instrument or evidence of
 4797  indebtedness issued by the Department of Commerce Enterprise
 4798  Florida, Inc., pursuant to the Florida Small and Minority
 4799  Business Assistance Act.
 4800         Section 141. Paragraph (f) of subsection (4) of section
 4801  658.67, Florida Statutes, is amended to read:
 4802         658.67 Investment powers and limitations.—A bank may invest
 4803  its funds, and a trust company may invest its corporate funds,
 4804  subject to the following definitions, restrictions, and
 4805  limitations:
 4806         (4) INVESTMENTS SUBJECT TO LIMITATION OF TEN PERCENT OR
 4807  LESS OF CAPITAL ACCOUNTS.—
 4808         (f) Up to 10 percent of the capital accounts of a bank or
 4809  trust company may be invested in any capital participation
 4810  instrument or evidence of indebtedness issued by the Department
 4811  of Commerce Enterprise Florida, Inc., pursuant to the Florida
 4812  Small and Minority Business Assistance Act.
 4813         Section 142. Paragraph (e) of subsection (2) of section
 4814  1004.015, Florida Statutes, is amended to read:
 4815         1004.015 Florida Talent Development Council.—
 4816         (2) Members of the council shall include:
 4817         (e)The president of Enterprise Florida, Inc.
 4818         Section 143. Paragraph (d) of subsection (5) of section
 4819  1004.65, Florida Statutes, is amended to read:
 4820         1004.65 Florida College System institutions; governance,
 4821  mission, and responsibilities.—
 4822         (5) The primary mission and responsibility of Florida
 4823  College System institutions is responding to community needs for
 4824  postsecondary academic education and career degree education.
 4825  This mission and responsibility includes being responsible for:
 4826         (d) Promoting economic development for the state within
 4827  each Florida College System institution district through the
 4828  provision of special programs, including, but not limited to,
 4829  the:
 4830         1. Enterprise Florida-related programs.
 4831         2. Technology transfer centers.
 4832         2.3. Economic development centers.
 4833         3.4. Workforce literacy programs.
 4834         Section 144. Paragraph (b) of subsection (10) of section
 4835  1004.78, Florida Statutes, is amended to read:
 4836         1004.78 Technology transfer centers at Florida College
 4837  System institutions.—
 4838         (10) The State Board of Education may award grants to
 4839  Florida College System institutions, or consortia of public and
 4840  private colleges and universities and other public and private
 4841  entities, for the purpose of supporting the objectives of this
 4842  section. Grants awarded pursuant to this subsection shall be in
 4843  accordance with rules of the State Board of Education. Such
 4844  rules shall include the following provisions:
 4845         (b) Grants to centers funded with state revenues
 4846  appropriated specifically for technology transfer activities
 4847  shall be reviewed and approved by the State Board of Education
 4848  using proposal solicitation, evaluation, and selection
 4849  procedures established by the state board in consultation with
 4850  the Department of Commerce Enterprise Florida, Inc. Such
 4851  procedures may include designation of specific areas or
 4852  applications of technology as priorities for the receipt of
 4853  funding.
 4854         Section 145. Subsection (4) of section 1011.76, Florida
 4855  Statutes, is amended to read:
 4856         1011.76 Small School District Stabilization Program.—
 4857         (4) The Department of Education may award the school
 4858  district a stabilization grant intended to protect the district
 4859  from continued financial reductions. The amount of the grant
 4860  will be determined by the Department of Education and may be
 4861  equivalent to the amount of the decline in revenues projected
 4862  for the next fiscal year. In addition, the Department of
 4863  Commerce Economic Opportunity may implement a rural economic
 4864  development initiative to identify the economic factors that are
 4865  negatively impacting the community to develop and may consult
 4866  with Enterprise Florida, Inc., in developing a plan to assist
 4867  the county with its economic transition. The grant will be
 4868  available to the school district for a period of up to 5 years
 4869  to the extent that funding is provided for such purpose in the
 4870  General Appropriations Act.
 4871         Section 146. The Division of Law Revision is directed to
 4872  prepare a reviser’s bill for the 2024 Regular Session of the
 4873  Legislature to change the terms “Department of Economic
 4874  Opportunity” and “Secretary of Economic Opportunity” to
 4875  “Department of Commerce” and “Secretary of Commerce,”
 4876  respectively, wherever the terms appear in the Florida Statutes
 4877  and to make such further changes as are necessary to conform the
 4878  Florida Statutes to the organizational changes effected by this
 4879  act.
 4880         Section 147. Except as otherwise expressly provided in this
 4881  act, this act shall take effect July 1, 2023.