ENROLLED
       2024 Legislature                                           SB 82
       
       
       
       
       
       
                                                               202482er
    1  
    2         An act relating to the Florida Statutes; amending ss.
    3         11.40, 11.45, 14.20195, 14.36, 16.615, 17.61, 20.04,
    4         20.166, 20.181, 20.605, 45.031, 69.041, 110.112,
    5         112.63, 112.665, 119.071, 120.80, 125.045, 155.40,
    6         159.8081, 159.8083, 159.809, 159.81, 161.142, 161.54,
    7         163.3164, 163.3221, 163.3251, 163.3756, 163.503,
    8         163.5055, 163.506, 163.508, 163.511, 163.512, 166.021,
    9         171.204, 186.504, 189.012, 190.009, 190.047, 191.009,
   10         191.015, 201.15, 212.08, 212.096, 212.097, 212.098,
   11         213.053, 215.5588, 216.292, 218.32, 218.37, 218.411,
   12         220.03, 220.153, 220.183, 220.1895, 220.191, 222.15,
   13         252.85, 253.025, 255.099, 258.501, 259.042, 267.0625,
   14         288.005, 288.061, 288.075, 288.1201, 288.1226,
   15         288.8012, 288.8014, 288.9604, 288.9610, 288.987,
   16         288.9961, 290.004, 290.0065, 290.00729, 290.042,
   17         290.0455, 290.0491, 290.06561, 311.07, 311.09, 311.10,
   18         311.101, 311.105, 311.11, 311.22, 320.08058, 322.142,
   19         327.803, 331.3051, 331.3081, 331.324, 332.115,
   20         334.065, 334.066, 339.135, 339.175, 339.2821, 342.201,
   21         369.303, 369.318, 369.321, 369.322, 369.323, 369.324,
   22         373.199, 373.4149, 373.453, 373.461, 375.021, 377.809,
   23         378.411, 379.2291, 380.031, 380.093, 381.0086,
   24         397.754, 403.0752, 403.0891, 403.507, 403.508,
   25         403.524, 403.526, 403.527, 403.757, 403.941, 403.9411,
   26         403.973, 404.0617, 409.1451, 409.2576, 409.25996,
   27         409.508, 409.509, 410.502, 413.80, 413.801, 414.24,
   28         414.40, 420.0004, 420.0005, 420.0006, 420.101,
   29         420.111, 420.36, 420.424, 420.503, 420.504, 420.506,
   30         420.507, 420.511, 420.602, 420.606, 420.609, 420.622,
   31         420.631, 420.635, 421.001, 422.001, 423.001, 427.012,
   32         440.12, 440.15, 440.381, 443.012, 443.036, 443.041,
   33         443.051, 443.071, 443.101, 443.111, 443.1113,
   34         443.1115, 443.1116, 443.1118, 443.1215, 443.1216,
   35         443.1217, 443.131, 443.1312, 443.1313, 443.1315,
   36         443.1316, 443.1317, 443.141, 443.151, 443.163,
   37         443.171, 443.1715, 443.17161, 443.181, 443.191,
   38         443.211, 443.221, 445.002, 445.003, 445.004, 445.009,
   39         445.016, 445.024, 445.0325, 445.038, 445.045, 445.056,
   40         445.06, 445.07, 446.41, 446.53, 446.71, 448.09,
   41         448.095, 448.109, 448.110, 450.161, 450.191, 450.261,
   42         450.31, 468.529, 551.104, 553.79, 570.71, 624.5105,
   43         627.42397, 641.514, 692.203, 692.204, 720.403,
   44         720.404, 720.406, 943.0311, 944.801, 945.10, 985.601,
   45         1001.02, 1001.03, 1001.706, 1002.20, 1002.395,
   46         1002.895, 1003.4156, 1003.491, 1003.493, 1004.015,
   47         1004.46, 1008.39, 1008.40, 1008.41, 1011.76, 1011.80,
   48         and 1011.802, F.S., to conform to section 147 of
   49         chapter 2023-173, Laws of Florida, which directs the
   50         Division of Law Revision to prepare a reviser’s bill
   51         for the 2024 Regular Session of the Legislature to
   52         replace references to the terms “Department of
   53         Economic Opportunity” and “Secretary of Economic
   54         Opportunity,” wherever they occur in the Florida
   55         Statutes, with the terms “Department of Commerce” and
   56         “Secretary of Commerce,” respectively; providing
   57         effective dates.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Paragraph (b) of subsection (2) of section
   62  11.40, Florida Statutes, is amended to read:
   63         11.40 Legislative Auditing Committee.—
   64         (2) Following notification by the Auditor General, the
   65  Department of Financial Services, the Division of Bond Finance
   66  of the State Board of Administration, the Governor or his or her
   67  designee, or the Commissioner of Education or his or her
   68  designee of the failure of a local governmental entity, district
   69  school board, charter school, or charter technical career center
   70  to comply with the applicable provisions within s. 11.45(5)-(7),
   71  s. 218.32(1), s. 218.38, or s. 218.503(3), the Legislative
   72  Auditing Committee may schedule a hearing to determine if the
   73  entity should be subject to further state action. If the
   74  committee determines that the entity should be subject to
   75  further state action, the committee shall:
   76         (b) In the case of a special district created by:
   77         1. A special act, notify the President of the Senate, the
   78  Speaker of the House of Representatives, the standing committees
   79  of the Senate and the House of Representatives charged with
   80  special district oversight as determined by the presiding
   81  officers of each respective chamber, the legislators who
   82  represent a portion of the geographical jurisdiction of the
   83  special district, and the Department of Commerce Economic
   84  Opportunity that the special district has failed to comply with
   85  the law. Upon receipt of notification, the Department of
   86  Commerce Economic Opportunity shall proceed pursuant to s.
   87  189.062 or s. 189.067. If the special district remains in
   88  noncompliance after the process set forth in s. 189.0651, or if
   89  a public hearing is not held, the Legislative Auditing Committee
   90  may request the department to proceed pursuant to s. 189.067(3).
   91         2. A local ordinance, notify the chair or equivalent of the
   92  local general-purpose government pursuant to s. 189.0652 and the
   93  Department of Commerce Economic Opportunity that the special
   94  district has failed to comply with the law. Upon receipt of
   95  notification, the department shall proceed pursuant to s.
   96  189.062 or s. 189.067. If the special district remains in
   97  noncompliance after the process set forth in s. 189.0652, or if
   98  a public hearing is not held, the Legislative Auditing Committee
   99  may request the department to proceed pursuant to s. 189.067(3).
  100         3. Any manner other than a special act or local ordinance,
  101  notify the Department of Commerce Economic Opportunity that the
  102  special district has failed to comply with the law. Upon receipt
  103  of notification, the department shall proceed pursuant to s.
  104  189.062 or s. 189.067(3).
  105         Section 2. Paragraph (c) of subsection (7) of section
  106  11.45, Florida Statutes, is amended to read:
  107         11.45 Definitions; duties; authorities; reports; rules.—
  108         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
  109         (c) The Auditor General shall provide annually a list of
  110  those special districts which are not in compliance with s.
  111  218.39 to the Special District Accountability Program of the
  112  Department of Commerce Economic Opportunity.
  113         Section 3. Paragraph (b) of subsection (2) of section
  114  14.20195, Florida Statutes, is amended to read:
  115         14.20195 Suicide Prevention Coordinating Council; creation;
  116  membership; duties.—There is created within the Statewide Office
  117  for Suicide Prevention a Suicide Prevention Coordinating
  118  Council. The council shall develop strategies for preventing
  119  suicide.
  120         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
  121  shall consist of 31 voting members and 1 nonvoting member.
  122         (b) The following state officials or their designees shall
  123  serve on the coordinating council:
  124         1. The Secretary of Elderly Affairs.
  125         2. The State Surgeon General.
  126         3. The Commissioner of Education.
  127         4. The Secretary of Health Care Administration.
  128         5. The Secretary of Juvenile Justice.
  129         6. The Secretary of Corrections.
  130         7. The executive director of the Department of Law
  131  Enforcement.
  132         8. The executive director of the Department of Veterans’
  133  Affairs.
  134         9. The Secretary of Children and Families.
  135         10. The Secretary of Commerce Economic Opportunity.
  136         Section 4. Paragraphs (c) and (d) of subsection (2),
  137  paragraphs (d) and (k) of subsection (3), paragraph (c) of
  138  subsection (4), and paragraph (b) of subsection (5) of section
  139  14.36, Florida Statutes, are amended to read:
  140         14.36 Reimagining Education and Career Help Act.—The
  141  Reimagining Education and Career Help Act is created to address
  142  the evolving needs of Florida’s economy by increasing the level
  143  of collaboration and cooperation among state businesses and
  144  education communities while improving training within and equity
  145  and access to a more integrated workforce and education system
  146  for all Floridians.
  147         (2) As used in this section, the term:
  148         (c) “Workforce development system” means the entities and
  149  activities that contribute to the state’s talent pipeline system
  150  through education, training, and support services that prepare
  151  individuals for employment or career advancement, and the
  152  entities that are responsible for oversight or conducting those
  153  activities such as CareerSource Florida, Inc., local workforce
  154  development boards, one-stop career centers, the Department of
  155  Commerce Economic Opportunity, the Department of Education, and
  156  the Department of Children and Families.
  157         (d) “Workforce education region” means areas of the state
  158  identified by the Department of Education, in collaboration with
  159  the Department of Commerce Economic Opportunity, to maximize
  160  resource allocation by combining two or more sources of funding
  161  to integrate education and training in order to improve access
  162  to credentials of value for participants in adult education
  163  programs.
  164         (3) The duties of the office are to:
  165         (d) Coordinate state and federal workforce related
  166  programs, plans, resources, and activities provided by
  167  CareerSource Florida, Inc., the Department of Commerce Economic
  168  Opportunity, and the Department of Education.
  169         (k) Facilitate coordination among the Department of
  170  Commerce Economic Opportunity, the Department of Education, and
  171  CareerSource Florida, Inc., to develop and expand
  172  apprenticeship, preapprenticeship, and other work-based learning
  173  models and streamline efforts to recruit and onboard new
  174  apprentices, preapprentices, students, and employers interested
  175  in work-based learning opportunities. Such coordination must
  176  include, but need not be limited to, conducting outreach with
  177  business leaders, local governments, and education providers.
  178         (4) The office shall create a no-wrong-door-entry strategy
  179  to improve equity and access to the myriad of state and
  180  federally funded workforce related programs through CareerSource
  181  Florida, Inc., local workforce development boards, one-stop
  182  career centers, school districts, charter technical centers,
  183  Florida College System institutions, the State University
  184  System, and through eligible training providers. Individuals
  185  must not be required to visit multiple locations when seeking
  186  access to education and workforce training. To create the
  187  strategy, the office shall:
  188         (c) Coordinate and facilitate a memorandum of understanding
  189  between the Department of Commerce Economic Opportunity and the
  190  Department of Children and Families to permit Supplemental
  191  Nutrition Assistance Program (SNAP) and Temporary Assistance for
  192  Needy Families (TANF) clients to precertify for Workforce
  193  Innovation and Opportunity Act training services without having
  194  to physically visit a one-stop center.
  195         (5) The office shall provide the public with access to
  196  available federal, state, and local services and provide
  197  stakeholders with a systemwide, global view of workforce related
  198  program data across various programs through actionable
  199  qualitative and quantitative information. The office shall:
  200         (b) Provide access to labor market data consistent with the
  201  information developed by the Labor Market Estimating Conference
  202  and the Labor Market Statistics Center within the Department of
  203  Commerce Economic Opportunity and provide guidance on how to
  204  analyze the data, the appropriate use of the data, and any
  205  limitations of the data, including instances in which such data
  206  may not be used.
  207         Section 5. Paragraph (j) of subsection (1) of section
  208  16.615, Florida Statutes, is amended to read:
  209         16.615 Council on the Social Status of Black Men and Boys.—
  210         (1) The Council on the Social Status of Black Men and Boys
  211  is established within the Department of Legal Affairs and shall
  212  consist of 19 members appointed as follows:
  213         (j) The Secretary of Commerce Economic Opportunity or his
  214  or her designee.
  215         Section 6. Paragraph (c) of subsection (3) of section
  216  17.61, Florida Statutes, is amended to read:
  217         17.61 Chief Financial Officer; powers and duties in the
  218  investment of certain funds.—
  219         (3)
  220         (c) Except as provided in this paragraph and except for
  221  moneys described in paragraph (d), the following agencies may
  222  not invest trust fund moneys as provided in this section, but
  223  shall retain such moneys in their respective trust funds for
  224  investment, with interest appropriated to the General Revenue
  225  Fund, pursuant to s. 17.57:
  226         1. The Agency for Health Care Administration, except for
  227  the Tobacco Settlement Trust Fund.
  228         2. The Agency for Persons with Disabilities, except for:
  229         a. The Federal Grants Trust Fund.
  230         b. The Tobacco Settlement Trust Fund.
  231         3. The Department of Children and Families, except for:
  232         a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
  233         b. The Social Services Block Grant Trust Fund.
  234         c. The Tobacco Settlement Trust Fund.
  235         4. The Department of Corrections.
  236         5. The Department of Elderly Affairs, except for:
  237         a. The Federal Grants Trust Fund.
  238         b. The Tobacco Settlement Trust Fund.
  239         6. The Department of Health, except for:
  240         a. The Federal Grants Trust Fund.
  241         b. The Grants and Donations Trust Fund.
  242         c. The Maternal and Child Health Block Grant Trust Fund.
  243         d. The Tobacco Settlement Trust Fund.
  244         7. The Department of Highway Safety and Motor Vehicles,
  245  only for the Security Deposits Trust Fund.
  246         8. The Department of Juvenile Justice.
  247         9. The Department of Law Enforcement.
  248         10. The Department of Legal Affairs.
  249         11. The Department of State, only for:
  250         a. The Grants and Donations Trust Fund.
  251         b. The Records Management Trust Fund.
  252         12. The Department of Commerce Economic Opportunity, only
  253  for the Economic Development Trust Fund.
  254         13. The Florida Public Service Commission, only for the
  255  Florida Public Service Regulatory Trust Fund.
  256         14. The Justice Administrative Commission.
  257         15. The state courts system.
  258         Section 7. Subsection (3) and paragraph (b) of subsection
  259  (7) of section 20.04, Florida Statutes, are amended to read:
  260         20.04 Structure of executive branch.—The executive branch
  261  of state government is structured as follows:
  262         (3) For their internal structure, all departments, except
  263  for the Department of Financial Services, the Department of
  264  Commerce Economic Opportunity, the Department of Children and
  265  Families, the Department of Corrections, the Department of
  266  Management Services, the Department of Revenue, and the
  267  Department of Transportation, must adhere to the following
  268  standard terms:
  269         (a) The principal unit of the department is the “division.”
  270  Each division is headed by a “director.”
  271         (b) The principal unit of the division is the “bureau.”
  272  Each bureau is headed by a “chief.”
  273         (c) The principal unit of the bureau is the “section.” Each
  274  section is headed by an “administrator.”
  275         (d) If further subdivision is necessary, sections may be
  276  divided into “subsections,” which are headed by “supervisors.”
  277         (7)
  278         (b) Within the limitations of this subsection, the head of
  279  the department may recommend the establishment of additional
  280  divisions, bureaus, sections, and subsections of the department
  281  to promote efficient and effective operation of the department.
  282  However, additional divisions, or offices in the Department of
  283  Children and Families, the Department of Corrections, the
  284  Department of Commerce Economic Opportunity, and the Department
  285  of Transportation, may be established only by specific statutory
  286  enactment. New bureaus, sections, and subsections of departments
  287  may be initiated by a department and established as recommended
  288  by the Department of Management Services and approved by the
  289  Executive Office of the Governor, or may be established by
  290  specific statutory enactment.
  291         Section 8. Paragraph (c) of subsection (4) of section
  292  20.166, Florida Statutes, is amended to read:
  293         20.166 Florida Business Information Portal.—
  294         (4) The state agencies that must cooperate with the
  295  Department of Business and Professional Regulation in the
  296  development, implementation, and ongoing content updates of the
  297  Florida Business Information Portal include, but are not limited
  298  to:
  299         (c) The Department of Commerce Economic Opportunity.
  300         Section 9. Subsection (1) of section 20.181, Florida
  301  Statutes, is amended to read:
  302         20.181 Federal Grants Trust Fund.—
  303         (1) The Federal Grants Trust Fund is created within the
  304  Department of Commerce Economic Opportunity.
  305         Section 10. Section 20.605, Florida Statutes, is amended to
  306  read:
  307         20.605 Administrative Trust Fund of the Department of
  308  Commerce Economic Opportunity.—
  309         (1) The Administrative Trust Fund is created within the
  310  Department of Commerce Economic Opportunity.
  311         (2) Funds shall be used for the purpose of supporting the
  312  administrative functions of the department as required by law,
  313  pursuant to legislative appropriation or an approved amendment
  314  to the department’s operating budget pursuant to the provisions
  315  of chapter 216.
  316         (3) Notwithstanding the provisions of s. 216.301 and
  317  pursuant to s. 216.351, any balance in the trust fund at the end
  318  of any fiscal year shall remain in the trust fund at the end of
  319  the year and shall be available for carrying out the purposes of
  320  the trust fund.
  321         Section 11. Paragraph (a) of subsection (7) of section
  322  45.031, Florida Statutes, is amended to read:
  323         45.031 Judicial sales procedure.—In any sale of real or
  324  personal property under an order or judgment, the procedures
  325  provided in this section and ss. 45.0315-45.035 may be followed
  326  as an alternative to any other sale procedure if so ordered by
  327  the court.
  328         (7) DISBURSEMENTS OF PROCEEDS.—
  329         (a) On filing a certificate of title, the clerk shall
  330  disburse the proceeds of the sale in accordance with the order
  331  or final judgment and shall file a report of such disbursements
  332  and serve a copy of it on each party, and on the Department of
  333  Revenue if the department was named as a defendant in the action
  334  or if the Department of Commerce Economic Opportunity or the
  335  former Agency for Workforce Innovation was named as a defendant
  336  while the Department of Revenue was providing reemployment
  337  assistance tax collection services under contract with the
  338  Department of Commerce Economic Opportunity or the former Agency
  339  for Workforce Innovation through an interagency agreement
  340  pursuant to s. 443.1316.
  341         Section 12. Paragraph (a) of subsection (4) of section
  342  69.041, Florida Statutes, is amended to read:
  343         69.041 State named party; lien foreclosure, suit to quiet
  344  title.—
  345         (4)(a) The Department of Revenue has the right to
  346  participate in the disbursement of funds remaining in the
  347  registry of the court after distribution pursuant to s.
  348  45.031(7). The department shall participate in accordance with
  349  applicable procedures in any mortgage foreclosure action in
  350  which the department has a duly filed tax warrant, or interests
  351  under a lien arising from a judgment, order, or decree for
  352  support, as defined in s. 409.2554, or interest in a
  353  reemployment assistance tax lien under contract with the
  354  Department of Commerce Economic Opportunity through an
  355  interagency agreement pursuant to s. 443.1316, against the
  356  subject property and with the same priority, regardless of
  357  whether a default against the department, the Department of
  358  Commerce Economic Opportunity, or the former Agency for
  359  Workforce Innovation has been entered for failure to file an
  360  answer or other responsive pleading.
  361         Section 13. Paragraph (a) of subsection (3) of section
  362  110.112, Florida Statutes, is amended to read:
  363         110.112 Affirmative action; equal employment opportunity.—
  364         (3)(a) The department, in consultation with the Agency for
  365  Persons with Disabilities, the Division of Vocational
  366  Rehabilitation and the Division of Blind Services of the
  367  Department of Education, the Department of Commerce Economic
  368  Opportunity, and the Executive Office of the Governor, shall
  369  develop and implement programs that incorporate internships,
  370  mentoring, on-the-job training, unpaid work experience,
  371  situational assessments, and other innovative strategies that
  372  are specifically geared toward individuals who have a
  373  disability.
  374         Section 14. Paragraph (d) of subsection (4) of section
  375  112.63, Florida Statutes, is amended to read:
  376         112.63 Actuarial reports and statements of actuarial
  377  impact; review.—
  378         (4) Upon receipt, pursuant to subsection (2), of an
  379  actuarial report, or, pursuant to subsection (3), of a statement
  380  of actuarial impact, the Department of Management Services shall
  381  acknowledge such receipt, but shall only review and comment on
  382  each retirement system’s or plan’s actuarial valuations at least
  383  on a triennial basis.
  384         (d) In the case of an affected special district, the
  385  Department of Management Services shall also notify the
  386  Department of Commerce Economic Opportunity. Upon receipt of
  387  notification, the Department of Commerce Economic Opportunity
  388  shall proceed pursuant to s. 189.067.
  389         1. Failure of a special district to provide a required
  390  report or statement, to make appropriate adjustments, or to
  391  provide additional material information after the procedures
  392  specified in s. 189.067(1) are exhausted shall be deemed final
  393  action by the special district.
  394         2. The Department of Management Services may notify the
  395  Department of Commerce Economic Opportunity of those special
  396  districts that failed to come into compliance. Upon receipt of
  397  notification, the Department of Commerce Economic Opportunity
  398  shall proceed pursuant to s. 189.067(4).
  399         Section 15. Paragraph (f) of subsection (1) of section
  400  112.665, Florida Statutes, is amended to read:
  401         112.665 Duties of Department of Management Services.—
  402         (1) The Department of Management Services shall:
  403         (f) Annually issue, by January 1, a report to the Special
  404  District Accountability Program of the Department of Commerce
  405  Economic Opportunity which includes the participation in and
  406  compliance of special districts with the local government
  407  retirement system provisions in s. 112.63 and the state
  408  administered retirement system provisions specified in part I of
  409  chapter 121; and
  410         Section 16. Paragraph (h) of subsection (1) and paragraph
  411  (f) of subsection (5) of section 119.071, Florida Statutes, are
  412  amended to read:
  413         119.071 General exemptions from inspection or copying of
  414  public records.—
  415         (1) AGENCY ADMINISTRATION.—
  416         (h)1. Information relating to communications services
  417  locations, project proposals, and challenges submitted to the
  418  Department of Commerce Economic Opportunity under s. 288.9962 or
  419  pursuant to a federal broadband access grant program implemented
  420  by the Department of Commerce Economic Opportunity is
  421  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  422  of the State Constitution if such information is not otherwise
  423  publicly available and the release of such information would
  424  reveal:
  425         a. The location or capacity of communications network
  426  facilities;
  427         b. Communications network areas, including geographical
  428  maps indicating actual or proposed locations of network
  429  infrastructure or facilities;
  430         c. The features, functions, and capabilities of
  431  communications network infrastructure and facilities;
  432         d. Security, including cybersecurity, of the design,
  433  construction, and operation of the communications network and
  434  associated services and products;
  435         e. Specific customer locations; or
  436         f. Sources of funding or in-kind contributions for a
  437  project.
  438         2. This exemption does not apply to any required functions
  439  of the department under s. 288.9962 relating to publishing a
  440  description of the proposed unserved areas to be served and the
  441  proposed broadband Internet speeds of the areas to be served as
  442  provided by the applicant and approved by the department.
  443         3. This paragraph is subject to the Open Government Sunset
  444  Review Act in accordance with s. 119.15 and shall stand repealed
  445  on October 2, 2028, unless reviewed and saved from repeal
  446  through reenactment by the Legislature.
  447         (5) OTHER PERSONAL INFORMATION.—
  448         (f)1. The following information held by the Department of
  449  Commerce Economic Opportunity, the Florida Housing Finance
  450  Corporation, a county, a municipality, or a local housing
  451  finance agency is confidential and exempt from s. 119.07(1) and
  452  s. 24(a), Art. I of the State Constitution:
  453         a. Medical history records and information related to
  454  health or property insurance provided by an applicant for or a
  455  participant in a federal, state, or local housing assistance
  456  program.
  457         b. Property photographs and personal identifying
  458  information of an applicant for or a participant in a federal,
  459  state, or local housing assistance program for the purpose of
  460  disaster recovery assistance for a presidentially declared
  461  disaster.
  462         2. Governmental entities or their agents shall have access
  463  to such confidential and exempt records and information for the
  464  purpose of auditing federal, state, or local housing programs or
  465  housing assistance programs.
  466         3. Such confidential and exempt records and information may
  467  be used in any administrative or judicial proceeding, provided
  468  such records are kept confidential and exempt unless otherwise
  469  ordered by a court.
  470         4. Sub-subparagraph 1.b. is subject to the Open Government
  471  Sunset Review Act in accordance with s. 119.15 and shall stand
  472  repealed on October 2, 2025, unless reviewed and saved from
  473  repeal through reenactment by the Legislature.
  474         Section 17. Subsection (10) of section 120.80, Florida
  475  Statutes, is amended to read:
  476         120.80 Exceptions and special requirements; agencies.—
  477         (10) DEPARTMENT OF COMMERCE ECONOMIC OPPORTUNITY.—
  478         (a) Notwithstanding s. 120.54, the rulemaking provisions of
  479  this chapter do not apply to reemployment assistance appeals
  480  referees.
  481         (b) Notwithstanding s. 120.54(5), the uniform rules of
  482  procedure do not apply to appeal proceedings conducted under
  483  chapter 443 by the Reemployment Assistance Appeals Commission,
  484  special deputies, or reemployment assistance appeals referees.
  485         (c) Notwithstanding s. 120.57(1)(a), hearings under chapter
  486  443 may not be conducted by an administrative law judge assigned
  487  by the division, but instead shall be conducted by the
  488  Reemployment Assistance Appeals Commission in reemployment
  489  assistance appeals, reemployment assistance appeals referees,
  490  and the Department of Commerce Economic Opportunity or its
  491  special deputies under s. 443.141.
  492         Section 18. Paragraph (a) of subsection (5) of section
  493  125.045, Florida Statutes, is amended to read:
  494         125.045 County economic development powers.—
  495         (5)(a) By January 15, 2011, and annually thereafter, each
  496  county shall report to the Office of Economic and Demographic
  497  Research the economic development incentives in excess of
  498  $25,000 given to any business during the county’s previous
  499  fiscal year. The Office of Economic and Demographic Research
  500  shall compile the information from the counties into a report
  501  and provide the report to the President of the Senate, the
  502  Speaker of the House of Representatives, and the Department of
  503  Commerce Economic Opportunity. Economic development incentives
  504  include:
  505         1. Direct financial incentives of monetary assistance
  506  provided to a business from the county or through an
  507  organization authorized by the county. Such incentives include,
  508  but are not limited to, grants, loans, equity investments, loan
  509  insurance and guarantees, and training subsidies.
  510         2. Indirect incentives in the form of grants and loans
  511  provided to businesses and community organizations that provide
  512  support to businesses or promote business investment or
  513  development.
  514         3. Fee-based or tax-based incentives, including, but not
  515  limited to, credits, refunds, exemptions, and property tax
  516  abatement or assessment reductions.
  517         4. Below-market rate leases or deeds for real property.
  518         Section 19. Paragraph (a) of subsection (16) and subsection
  519  (17) of section 155.40, Florida Statutes, are amended to read:
  520         155.40 Sale or lease of county, district, or municipal
  521  hospital; effect of sale.—
  522         (16) If a county, district, or municipal hospital is sold
  523  or leased, the governing board shall:
  524         (a) Deposit 50 percent of the net proceeds of the sale or
  525  lease into a health care economic development trust fund, which
  526  shall be under the control of the county commission of the
  527  county in which the property is located, if the hospital is a
  528  county hospital or district hospital whose geographic boundaries
  529  extend beyond a single municipality, or, if the hospital is a
  530  municipal hospital or district hospital whose geographic
  531  boundaries lie entirely within a single municipality, under the
  532  control of the city or municipal government in which the
  533  hospital is located. The use and distribution of the funds shall
  534  be at the discretion of a majority of the county commission if
  535  the hospital is a county hospital or district hospital whose
  536  geographic boundaries extend beyond a single municipality, or,
  537  if the hospital is a municipal hospital or district hospital
  538  whose geographic boundaries lie entirely within a single
  539  municipality, at the discretion of a majority of the members of
  540  the municipal government. The members of the county commission
  541  or the municipal government, depending on the type of hospital
  542  being sold, shall serve as trustees of the trust fund. The net
  543  proceeds in the health care economic development trust fund
  544  shall be distributed, in consultation with the Department of
  545  Commerce Economic Opportunity, to promote job creation in the
  546  health care sector of the economy through new or expanded health
  547  care business development, new or expanded health care services,
  548  or new or expanded health care education programs or
  549  commercialization of health care research within the affected
  550  community; and
  551  
  552  For the purposes of this subsection, the term “net proceeds”
  553  means the sale price after payment of all district debts and
  554  obligations.
  555         (17) If a county, district, or municipal hospital or health
  556  care system is sold or leased to a for-profit corporation or
  557  other business entity subject to local taxation, the resulting
  558  county and municipal ad valorem tax revenue from the formerly
  559  tax-exempt property shall be distributed by the county
  560  commission of the county in which the property is located, if
  561  the hospital is a county hospital or district hospital whose
  562  geographic boundaries extend beyond a single municipality, or,
  563  if the hospital is a municipal hospital or district hospital
  564  whose geographic boundaries lie entirely within a single
  565  municipality, such ad valorem tax revenues shall be distributed
  566  by the municipal government. The distribution of such ad valorem
  567  tax revenues shall be made in consultation with the Department
  568  of Commerce Economic Opportunity, for purposes set forth in
  569  subsection (16).
  570         Section 20. Paragraph (a) of subsection (2) of section
  571  159.8081, Florida Statutes, is amended to read:
  572         159.8081 Manufacturing facility bond pool.—
  573         (2)(a) The first 75 percent of this pool shall be available
  574  on a first come, first served basis, except that 15 percent of
  575  the state volume limitation allocated to this pool shall be
  576  available as provided in paragraph (b). Before issuing any
  577  written confirmations for the remaining 25 percent of this pool,
  578  the executive director shall forward all notices of intent to
  579  issue which are received by the division for manufacturing
  580  facility projects to the Department of Commerce Economic
  581  Opportunity. The Department of Commerce Economic Opportunity
  582  shall decide, after receipt of the notices of intent to issue,
  583  which notices will receive written confirmations. Such decision
  584  shall be communicated in writing by the Department of Commerce
  585  Economic Opportunity to the executive director within 10 days of
  586  receipt of such notices of intent to issue.
  587         Section 21. Section 159.8083, Florida Statutes, is amended
  588  to read:
  589         159.8083 Florida First Business allocation pool.—The
  590  Florida First Business allocation pool is hereby established.
  591  The Florida First Business allocation pool shall be available
  592  solely to provide written confirmation for private activity
  593  bonds to finance Florida First Business projects certified by
  594  the Department of Commerce Economic Opportunity as eligible to
  595  receive a written confirmation. Allocations from such pool shall
  596  be awarded statewide pursuant to procedures specified in s.
  597  159.805, except that the provisions of s. 159.805(2), (3), and
  598  (6) do not apply. Florida First Business projects that are
  599  eligible for a carryforward do not lose their allocation
  600  pursuant to s. 159.809(3) on October 1, or pursuant to s.
  601  159.809(4) on November 16, if they have applied for and have
  602  been granted a carryforward by the division pursuant to s.
  603  159.81(1). In issuing written confirmations of allocations for
  604  Florida First Business projects, the division shall use the
  605  Florida First Business allocation pool. If allocation is not
  606  available from the Florida First Business allocation pool, the
  607  division shall issue written confirmations of allocations for
  608  Florida First Business projects pursuant to s. 159.806 or s.
  609  159.807, in such order. For the purpose of determining priority
  610  within a regional allocation pool or the state allocation pool,
  611  notices of intent to issue bonds for Florida First Business
  612  projects to be issued from a regional allocation pool or the
  613  state allocation pool shall be considered to have been received
  614  by the division at the time it is determined by the division
  615  that the Florida First Business allocation pool is unavailable
  616  to issue confirmation for such Florida First Business project.
  617  If the total amount requested in notices of intent to issue
  618  private activity bonds for Florida First Business projects
  619  exceeds the total amount of the Florida First Business
  620  allocation pool, the director shall forward all timely notices
  621  of intent to issue, which are received by the division for such
  622  projects, to the Department of Commerce Economic Opportunity,
  623  which shall render a decision as to which notices of intent to
  624  issue are to receive written confirmations.
  625         Section 22. Subsection (3) of section 159.809, Florida
  626  Statutes, is amended to read:
  627         159.809 Recapture of unused amounts.—
  628         (3) On October 1 of each year, any portion of the
  629  allocation made to the Florida First Business allocation pool
  630  pursuant to s. 159.804(5), subsection (1), or subsection (2),
  631  which is eligible for carryforward pursuant to s. 146(f) of the
  632  Code but which has not been certified for carryforward by the
  633  Department of Commerce Economic Opportunity, shall be returned
  634  to the Florida First Business allocation pool.
  635         Section 23. Subsection (1) of section 159.81, Florida
  636  Statutes, is amended to read:
  637         159.81 Unused allocations; carryforwards.—
  638         (1) The division shall, when requested, provide
  639  carryforwards pursuant to s. 146(f) of the Code for written
  640  confirmations for priority projects which qualify for a
  641  carryforward pursuant to s. 146(f) of the Code, if such request
  642  is accompanied by an opinion of bond counsel to that effect. In
  643  addition, in the case of Florida First Business projects, the
  644  division shall, when requested, grant requests for carryforward
  645  only after receipt of a certification from the Department of
  646  Commerce Economic Opportunity that the project has been approved
  647  by the department to receive carryforward.
  648         Section 24. Subsection (4) of section 161.142, Florida
  649  Statutes, is amended to read:
  650         161.142 Declaration of public policy relating to improved
  651  navigation inlets.—The Legislature recognizes the need for
  652  maintaining navigation inlets to promote commercial and
  653  recreational uses of our coastal waters and their resources. The
  654  Legislature further recognizes that inlets interrupt or alter
  655  the natural drift of beach-quality sand resources, which often
  656  results in these sand resources being deposited in nearshore
  657  areas or in the inlet channel, or in the inland waterway
  658  adjacent to the inlet, instead of providing natural nourishment
  659  to the adjacent eroding beaches. Accordingly, the Legislature
  660  finds it is in the public interest to replicate the natural
  661  drift of sand which is interrupted or altered by inlets to be
  662  replaced and for each level of government to undertake all
  663  reasonable efforts to maximize inlet sand bypassing to ensure
  664  that beach-quality sand is placed on adjacent eroding beaches.
  665  Such activities cannot make up for the historical sand deficits
  666  caused by inlets but shall be designed to balance the sediment
  667  budget of the inlet and adjacent beaches and extend the life of
  668  proximate beach-restoration projects so that periodic
  669  nourishment is needed less frequently. Therefore, in furtherance
  670  of this declaration of public policy and the Legislature’s
  671  intent to redirect and recommit the state’s comprehensive beach
  672  management efforts to address the beach erosion caused by
  673  inlets, the department shall ensure that:
  674         (4) The provisions of subsections (1) and (2) shall not be
  675  a requirement imposed upon ports listed in s. 403.021(9)(b);
  676  however, such ports must demonstrate reasonable effort to place
  677  beach-quality sand from construction and maintenance dredging
  678  and port-development projects on adjacent eroding beaches in
  679  accordance with port master plans approved by the Department of
  680  Commerce Economic Opportunity, and permits approved and issued
  681  by the department, to ensure compliance with this section. Ports
  682  may sponsor or cosponsor inlet management projects that are
  683  fully eligible for state cost sharing.
  684         Section 25. Subsection (10) of section 161.54, Florida
  685  Statutes, is amended to read:
  686         161.54 Definitions.—In construing ss. 161.52-161.58:
  687         (10) “State land planning agency” means the Department of
  688  Commerce Economic Opportunity.
  689         Section 26. Subsection (44) of section 163.3164, Florida
  690  Statutes, is amended to read:
  691         163.3164 Community Planning Act; definitions.—As used in
  692  this act:
  693         (44) “State land planning agency” means the Department of
  694  Commerce Economic Opportunity.
  695         Section 27. Subsection (14) of section 163.3221, Florida
  696  Statutes, is amended to read:
  697         163.3221 Florida Local Government Development Agreement
  698  Act; definitions.—As used in ss. 163.3220-163.3243:
  699         (14) “State land planning agency” means the Department of
  700  Commerce Economic Opportunity.
  701         Section 28. Subsection (1) of section 163.3251, Florida
  702  Statutes, is amended to read:
  703         163.3251 Definitions.—As used in this section and ss.
  704  163.3252 and 163.3253, the term:
  705         (1) “Department” means the Department of Commerce Economic
  706  Opportunity.
  707         Section 29. Subsections (2) and (6) of section 163.3756,
  708  Florida Statutes, are amended to read:
  709         163.3756 Inactive community redevelopment agencies.—
  710         (2)(a) A community redevelopment agency that has reported
  711  no revenue, no expenditures, and no debt under s. 189.016(9) or
  712  s. 218.32 for 6 consecutive fiscal years beginning no earlier
  713  than October 1, 2016, must be declared inactive by the
  714  Department of Commerce Economic Opportunity, which shall notify
  715  the agency of the declaration. If the agency does not have board
  716  members or an agent, the notice of the declaration of inactive
  717  status must be delivered to the county or municipal governing
  718  board or commission that created the agency.
  719         (b) The governing board of a community redevelopment agency
  720  that is declared inactive under this section may seek to
  721  invalidate the declaration by initiating proceedings under s.
  722  189.062(5) within 30 days after the date of the receipt of the
  723  notice from the Department of Commerce Economic Opportunity.
  724         (6) The Department of Commerce Economic Opportunity shall
  725  maintain on its website a separate list of community
  726  redevelopment agencies declared inactive under this section.
  727         Section 30. Subsection (3) of section 163.503, Florida
  728  Statutes, is amended to read:
  729         163.503 Definitions.—
  730         (3) “Department” means the Department of Commerce Economic
  731  Opportunity.
  732         Section 31. Subsection (1) of section 163.5055, Florida
  733  Statutes, is amended to read:
  734         163.5055 Registration of district establishment; notice of
  735  dissolution.—
  736         (1)(a) Each neighborhood improvement district authorized
  737  and established under this part shall within 30 days thereof
  738  register with the Department of Commerce Economic Opportunity by
  739  providing the department with the district’s name, location,
  740  size, and type, and such other information as the department may
  741  require.
  742         (b) Each local governing body that authorizes the
  743  dissolution of a district shall notify the Department of
  744  Commerce Economic Opportunity within 30 days after the
  745  dissolution of the district.
  746         Section 32. Paragraph (h) of subsection (1) of section
  747  163.506, Florida Statutes, is amended to read:
  748         163.506 Local government neighborhood improvement
  749  districts; creation; advisory council; dissolution.—
  750         (1) After a local planning ordinance has been adopted
  751  authorizing the creation of local government neighborhood
  752  improvement districts, the local governing body of a
  753  municipality or county may create local government neighborhood
  754  improvement districts by the enactment of a separate ordinance
  755  for each district, which ordinance:
  756         (h) Requires the district to notify the Department of
  757  Commerce Economic Opportunity in writing of its establishment
  758  within 30 days thereof pursuant to s. 163.5055.
  759         Section 33. Paragraph (g) of subsection (1) of section
  760  163.508, Florida Statutes, is amended to read:
  761         163.508 Property owners’ association neighborhood
  762  improvement districts; creation; powers and duties; duration.—
  763         (1) After a local planning ordinance has been adopted
  764  authorizing the creation of property owners’ association
  765  neighborhood improvement districts, the local governing body of
  766  a municipality or county may create property owners’ association
  767  neighborhood improvement districts by the enactment of a
  768  separate ordinance for each district, which ordinance:
  769         (g) Requires the district to notify the Department of
  770  Commerce Economic Opportunity in writing of its establishment
  771  within 30 days thereof pursuant to s. 163.5055.
  772         Section 34. Paragraph (i) of subsection (1) of section
  773  163.511, Florida Statutes, is amended to read:
  774         163.511 Special neighborhood improvement districts;
  775  creation; referendum; board of directors; duration; extension.—
  776         (1) After a local planning ordinance has been adopted
  777  authorizing the creation of special neighborhood improvement
  778  districts, the governing body of a municipality or county may
  779  declare the need for and create special residential or business
  780  neighborhood improvement districts by the enactment of a
  781  separate ordinance for each district, which ordinance:
  782         (i) Requires the district to notify the Department of
  783  Commerce Economic Opportunity in writing of its establishment
  784  within 30 days thereof pursuant to s. 163.5055.
  785         Section 35. Paragraph (i) of subsection (1) of section
  786  163.512, Florida Statutes, is amended to read:
  787         163.512 Community redevelopment neighborhood improvement
  788  districts; creation; advisory council; dissolution.—
  789         (1) Upon the recommendation of the community redevelopment
  790  agency and after a local planning ordinance has been adopted
  791  authorizing the creation of community redevelopment neighborhood
  792  improvement districts, the local governing body of a
  793  municipality or county may create community redevelopment
  794  neighborhood improvement districts by the enactment of a
  795  separate ordinance for each district, which ordinance:
  796         (i) Requires the district to notify the Department of Legal
  797  Affairs and the Department of Commerce Economic Opportunity in
  798  writing of its establishment within 30 days thereof pursuant to
  799  s. 163.5055.
  800         Section 36. Paragraph (e) of subsection (8) of section
  801  166.021, Florida Statutes, is amended to read:
  802         166.021 Powers.—
  803         (8)
  804         (e)1. By January 15, 2011, and annually thereafter, each
  805  municipality having annual revenues or expenditures greater than
  806  $250,000 shall report to the Office of Economic and Demographic
  807  Research the economic development incentives in excess of
  808  $25,000 given to any business during the municipality’s previous
  809  fiscal year. The Office of Economic and Demographic Research
  810  shall compile the information from the municipalities into a
  811  report and provide the report to the President of the Senate,
  812  the Speaker of the House of Representatives, and the Department
  813  of Commerce Economic Opportunity. Economic development
  814  incentives include:
  815         a. Direct financial incentives of monetary assistance
  816  provided to a business from the municipality or through an
  817  organization authorized by the municipality. Such incentives
  818  include, but are not limited to, grants, loans, equity
  819  investments, loan insurance and guarantees, and training
  820  subsidies.
  821         b. Indirect incentives in the form of grants and loans
  822  provided to businesses and community organizations that provide
  823  support to businesses or promote business investment or
  824  development.
  825         c. Fee-based or tax-based incentives, including, but not
  826  limited to, credits, refunds, exemptions, and property tax
  827  abatement or assessment reductions.
  828         d. Below-market rate leases or deeds for real property.
  829         2. A municipality shall report its economic development
  830  incentives in the format specified by the Office of Economic and
  831  Demographic Research.
  832         3. The Office of Economic and Demographic Research shall
  833  compile the economic development incentives provided by each
  834  municipality in a manner that shows the total of each class of
  835  economic development incentives provided by each municipality
  836  and all municipalities.
  837         Section 37. Subsection (1) of section 171.204, Florida
  838  Statutes, is amended to read:
  839         171.204 Prerequisites to annexation under this part.—The
  840  interlocal service boundary agreement may describe the character
  841  of land that may be annexed under this part and may provide that
  842  the restrictions on the character of land that may be annexed
  843  pursuant to part I are not restrictions on land that may be
  844  annexed pursuant to this part. As determined in the interlocal
  845  service boundary agreement, any character of land may be
  846  annexed, including, but not limited to, an annexation of land
  847  not contiguous to the boundaries of the annexing municipality,
  848  an annexation that creates an enclave, or an annexation where
  849  the annexed area is not reasonably compact; however, such area
  850  must be “urban in character” as defined in s. 171.031. The
  851  interlocal service boundary agreement may not allow for
  852  annexation of land within a municipality that is not a party to
  853  the agreement or of land that is within another county. Before
  854  annexation of land that is not contiguous to the boundaries of
  855  the annexing municipality, an annexation that creates an
  856  enclave, or an annexation of land that is not currently served
  857  by water or sewer utilities, one of the following options must
  858  be followed:
  859         (1) The municipality shall transmit a comprehensive plan
  860  amendment that proposes specific amendments relating to the
  861  property anticipated for annexation to the Department of
  862  Commerce Economic Opportunity for review under chapter 163.
  863  After considering the department’s review, the municipality may
  864  approve the annexation and comprehensive plan amendment
  865  concurrently. The local government must adopt the annexation and
  866  the comprehensive plan amendment as separate and distinct
  867  actions but may take such actions at a single public hearing; or
  868         Section 38. Paragraph (c) of subsection (4) of section
  869  186.504, Florida Statutes, is amended to read:
  870         186.504 Regional planning councils; creation; membership.—
  871         (4) In addition to voting members appointed pursuant to
  872  paragraph (2)(c), the Governor shall appoint the following ex
  873  officio nonvoting members to each regional planning council:
  874         (c) A representative nominated by the Department of
  875  Commerce Economic Opportunity.
  876  
  877  The Governor may also appoint ex officio nonvoting members
  878  representing appropriate metropolitan planning organizations and
  879  regional water supply authorities.
  880         Section 39. Subsection (1) of section 189.012, Florida
  881  Statutes, is amended to read:
  882         189.012 Definitions.—As used in this chapter, the term:
  883         (1) “Department” means the Department of Commerce Economic
  884  Opportunity.
  885         Section 40. Subsection (2) of section 190.009, Florida
  886  Statutes, is amended to read:
  887         190.009 Disclosure of public financing.—
  888         (2) The Department of Commerce Economic Opportunity shall
  889  keep a current list of districts and their disclosures pursuant
  890  to this act and shall make such studies and reports and take
  891  such actions as it deems necessary.
  892         Section 41. Section 190.047, Florida Statutes, is amended
  893  to read:
  894         190.047 Incorporation or annexation of district.—
  895         (1) Upon attaining the population standards for
  896  incorporation contained in s. 165.061 and as determined by the
  897  Department of Commerce Economic Opportunity, any district wholly
  898  contained within the unincorporated area of a county that also
  899  meets the other requirements for incorporation contained in s.
  900  165.061 shall hold a referendum at a general election on the
  901  question of whether to incorporate. However, any district
  902  contiguous to the boundary of a municipality may be annexed to
  903  such municipality pursuant to the provisions of chapter 171.
  904         (2) The Department of Commerce Economic Opportunity shall
  905  annually monitor the status of the district for purposes of
  906  carrying out the provisions of this section.
  907         Section 42. Subsection (1) of section 191.009, Florida
  908  Statutes, is amended to read:
  909         191.009 Taxes; non-ad valorem assessments; impact fees and
  910  user charges.—
  911         (1) AD VALOREM TAXES.—An elected board may levy and assess
  912  ad valorem taxes on all taxable property in the district to
  913  construct, operate, and maintain district facilities and
  914  services, to pay the principal of, and interest on, general
  915  obligation bonds of the district, and to provide for any sinking
  916  or other funds established in connection with such bonds. An ad
  917  valorem tax levied by the board for operating purposes,
  918  exclusive of debt service on bonds, may not exceed 3.75 mills
  919  unless a higher amount has been previously authorized by law,
  920  subject to a referendum as required by the State Constitution
  921  and this act. The ballot question on such referendum shall state
  922  the currently authorized millage rate and the year of its
  923  approval by referendum. The levy of ad valorem taxes pursuant to
  924  this section must be approved by referendum called by the board
  925  when the proposed levy of ad valorem taxes exceeds the amount
  926  authorized by prior special act, general law of local
  927  application, or county ordinance approved by referendum. Nothing
  928  in this act shall require a referendum on the levy of ad valorem
  929  taxes in an amount previously authorized by special act, general
  930  law of local application, or county ordinance approved by
  931  referendum. Such tax shall be assessed, levied, and collected in
  932  the same manner as county taxes. The levy of ad valorem taxes
  933  approved by referendum shall be reported within 60 days after
  934  the vote to the Department of Commerce Economic Opportunity.
  935         Section 43. Section 191.015, Florida Statutes, is amended
  936  to read:
  937         191.015 Codification.—Each fire control district existing
  938  on the effective date of this section, by December 1, 2004,
  939  shall submit to the Legislature a draft codified charter, at its
  940  expense, so that its special acts may be codified into a single
  941  act for reenactment by the Legislature, if there is more than
  942  one special act for the district. The Legislature may adopt a
  943  schedule for individual district codification. Any codified act
  944  relating to a district, which act is submitted to the
  945  Legislature for reenactment, shall provide for the repeal of all
  946  prior special acts of the Legislature relating to the district.
  947  The codified act shall be filed with the Department of Commerce
  948  Economic Opportunity pursuant to s. 189.016(2).
  949         Section 44. Paragraphs (b), (d), and (f) of subsection (4)
  950  of section 201.15, Florida Statutes, are amended to read:
  951         201.15 Distribution of taxes collected.—All taxes collected
  952  under this chapter are hereby pledged and shall be first made
  953  available to make payments when due on bonds issued pursuant to
  954  s. 215.618 or s. 215.619, or any other bonds authorized to be
  955  issued on a parity basis with such bonds. Such pledge and
  956  availability for the payment of these bonds shall have priority
  957  over any requirement for the costs of collection and enforcement
  958  under this section. Before distribution pursuant to this
  959  section, the Department of Revenue shall deduct amounts
  960  necessary to pay the costs of the collection and enforcement of
  961  the tax levied by this chapter. The costs may not be levied
  962  against any portion of taxes pledged to debt service on bonds to
  963  the extent that the costs are required to pay any amounts
  964  relating to the bonds. All of the costs of the collection and
  965  enforcement of the tax levied by this chapter shall be available
  966  and transferred to the extent necessary to pay debt service and
  967  any other amounts payable with respect to bonds authorized
  968  before January 1, 2017, secured by revenues distributed pursuant
  969  to this section. All taxes remaining after deduction of costs
  970  shall be distributed as follows:
  971         (4) After the required distributions to the Land
  972  Acquisition Trust Fund pursuant to subsections (1) and (2), the
  973  lesser of 8 percent of the remainder or $150 million in each
  974  fiscal year shall be paid into the State Treasury to the credit
  975  of the State Housing Trust Fund and shall be expended pursuant
  976  to s. 420.50871. If 8 percent of the remainder is greater than
  977  $150 million in any fiscal year, the difference between 8
  978  percent of the remainder and $150 million shall be paid into the
  979  State Treasury to the credit of the General Revenue Fund. The
  980  remainder shall be distributed as follows:
  981         (b) The lesser of 0.1456 percent of the remainder or $3.25
  982  million in each fiscal year shall be paid into the State
  983  Treasury to the credit of the Grants and Donations Trust Fund in
  984  the Department of Commerce Economic Opportunity to fund
  985  technical assistance to local governments.
  986  
  987  Moneys distributed pursuant to paragraphs (a) and (b) may not be
  988  pledged for debt service unless such pledge is approved by
  989  referendum of the voters.
  990         (d) An amount equaling 5.20254 percent of the remainder in
  991  each fiscal year shall be paid into the State Treasury to the
  992  credit of the State Housing Trust Fund. Of such funds:
  993         1. Twelve and one-half percent of that amount shall be
  994  deposited into the State Housing Trust Fund and expended by the
  995  Department of Commerce Economic Opportunity and the Florida
  996  Housing Finance Corporation for the purposes for which the State
  997  Housing Trust Fund was created and exists by law.
  998         2. Eighty-seven and one-half percent of that amount shall
  999  be distributed to the Local Government Housing Trust Fund and
 1000  used for the purposes for which the Local Government Housing
 1001  Trust Fund was created and exists by law. Funds from this
 1002  category may also be used to provide for state and local
 1003  services to assist the homeless.
 1004         (f) A total of $75 million shall be paid into the State
 1005  Treasury to the credit of the State Economic Enhancement and
 1006  Development Trust Fund within the Department of Commerce
 1007  Economic Opportunity.
 1008         Section 45. Effective July 1, 2033, paragraphs (b), (d),
 1009  and (f) of subsection (4) of section 201.15, Florida Statutes,
 1010  as amended by section 11 of chapter 2023-17, Laws of Florida,
 1011  are amended to read:
 1012         201.15 Distribution of taxes collected.—All taxes collected
 1013  under this chapter are hereby pledged and shall be first made
 1014  available to make payments when due on bonds issued pursuant to
 1015  s. 215.618 or s. 215.619, or any other bonds authorized to be
 1016  issued on a parity basis with such bonds. Such pledge and
 1017  availability for the payment of these bonds shall have priority
 1018  over any requirement for the payment of service charges or costs
 1019  of collection and enforcement under this section. All taxes
 1020  collected under this chapter, except taxes distributed to the
 1021  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
 1022  are subject to the service charge imposed in s. 215.20(1).
 1023  Before distribution pursuant to this section, the Department of
 1024  Revenue shall deduct amounts necessary to pay the costs of the
 1025  collection and enforcement of the tax levied by this chapter.
 1026  The costs and service charge may not be levied against any
 1027  portion of taxes pledged to debt service on bonds to the extent
 1028  that the costs and service charge are required to pay any
 1029  amounts relating to the bonds. All of the costs of the
 1030  collection and enforcement of the tax levied by this chapter and
 1031  the service charge shall be available and transferred to the
 1032  extent necessary to pay debt service and any other amounts
 1033  payable with respect to bonds authorized before January 1, 2017,
 1034  secured by revenues distributed pursuant to this section. All
 1035  taxes remaining after deduction of costs shall be distributed as
 1036  follows:
 1037         (4) After the required distributions to the Land
 1038  Acquisition Trust Fund pursuant to subsections (1) and (2) and
 1039  deduction of the service charge imposed pursuant to s.
 1040  215.20(1), the remainder shall be distributed as follows:
 1041         (b) The lesser of 0.1456 percent of the remainder or $3.25
 1042  million in each fiscal year shall be paid into the State
 1043  Treasury to the credit of the Grants and Donations Trust Fund in
 1044  the Department of Commerce Economic Opportunity to fund
 1045  technical assistance to local governments.
 1046  
 1047  Moneys distributed pursuant to paragraphs (a) and (b) may not be
 1048  pledged for debt service unless such pledge is approved by
 1049  referendum of the voters.
 1050         (d) An amount equaling 5.20254 percent of the remainder in
 1051  each fiscal year shall be paid into the State Treasury to the
 1052  credit of the State Housing Trust Fund. Of such funds:
 1053         1. Twelve and one-half percent of that amount shall be
 1054  deposited into the State Housing Trust Fund and expended by the
 1055  Department of Commerce Economic Opportunity and the Florida
 1056  Housing Finance Corporation for the purposes for which the State
 1057  Housing Trust Fund was created and exists by law.
 1058         2. Eighty-seven and one-half percent of that amount shall
 1059  be distributed to the Local Government Housing Trust Fund and
 1060  used for the purposes for which the Local Government Housing
 1061  Trust Fund was created and exists by law. Funds from this
 1062  category may also be used to provide for state and local
 1063  services to assist the homeless.
 1064         (f) A total of $75 million shall be paid into the State
 1065  Treasury to the credit of the State Economic Enhancement and
 1066  Development Trust Fund within the Department of Commerce
 1067  Economic Opportunity.
 1068         Section 46. Paragraphs (p) and (q) of subsection (5) of
 1069  section 212.08, Florida Statutes, are amended to read:
 1070         212.08 Sales, rental, use, consumption, distribution, and
 1071  storage tax; specified exemptions.—The sale at retail, the
 1072  rental, the use, the consumption, the distribution, and the
 1073  storage to be used or consumed in this state of the following
 1074  are hereby specifically exempt from the tax imposed by this
 1075  chapter.
 1076         (5) EXEMPTIONS; ACCOUNT OF USE.—
 1077         (p) Community contribution tax credit for donations.—
 1078         1. Authorization.—Persons who are registered with the
 1079  department under s. 212.18 to collect or remit sales or use tax
 1080  and who make donations to eligible sponsors are eligible for tax
 1081  credits against their state sales and use tax liabilities as
 1082  provided in this paragraph:
 1083         a. The credit shall be computed as 50 percent of the
 1084  person’s approved annual community contribution.
 1085         b. The credit shall be granted as a refund against state
 1086  sales and use taxes reported on returns and remitted in the 12
 1087  months preceding the date of application to the department for
 1088  the credit as required in sub-subparagraph 3.c. If the annual
 1089  credit is not fully used through such refund because of
 1090  insufficient tax payments during the applicable 12-month period,
 1091  the unused amount may be included in an application for a refund
 1092  made pursuant to sub-subparagraph 3.c. in subsequent years
 1093  against the total tax payments made for such year. Carryover
 1094  credits may be applied for a 3-year period without regard to any
 1095  time limitation that would otherwise apply under s. 215.26.
 1096         c. A person may not receive more than $200,000 in annual
 1097  tax credits for all approved community contributions made in any
 1098  one year.
 1099         d. All proposals for the granting of the tax credit require
 1100  the prior approval of the Department of Commerce Economic
 1101  Opportunity.
 1102         e. The total amount of tax credits which may be granted for
 1103  all programs approved under this paragraph and ss. 220.183 and
 1104  624.5105 is $25 million in the 2023-2024 fiscal year and in each
 1105  fiscal year thereafter for projects that provide housing
 1106  opportunities for persons with special needs or homeownership
 1107  opportunities for low-income households or very-low-income
 1108  households and $4.5 million in the 2022-2023 fiscal year and in
 1109  each fiscal year thereafter for all other projects. As used in
 1110  this paragraph, the term “person with special needs” has the
 1111  same meaning as in s. 420.0004 and the terms “low-income
 1112  person,” “low-income household,” “very-low-income person,” and
 1113  “very-low-income household” have the same meanings as in s.
 1114  420.9071.
 1115         f. A person who is eligible to receive the credit provided
 1116  in this paragraph, s. 220.183, or s. 624.5105 may receive the
 1117  credit only under one section of the person’s choice.
 1118         2. Eligibility requirements.—
 1119         a. A community contribution by a person must be in the
 1120  following form:
 1121         (I) Cash or other liquid assets;
 1122         (II) Real property, including 100 percent ownership of a
 1123  real property holding company;
 1124         (III) Goods or inventory; or
 1125         (IV) Other physical resources identified by the Department
 1126  of Commerce Economic Opportunity.
 1127  
 1128  For purposes of this sub-subparagraph, the term “real property
 1129  holding company” means a Florida entity, such as a Florida
 1130  limited liability company, that is wholly owned by the person;
 1131  is the sole owner of real property, as defined in s.
 1132  192.001(12), located in this state; is disregarded as an entity
 1133  for federal income tax purposes pursuant to 26 C.F.R. s.
 1134  301.7701-3(b)(1)(ii); and at the time of contribution to an
 1135  eligible sponsor, has no material assets other than the real
 1136  property and any other property that qualifies as a community
 1137  contribution.
 1138         b. All community contributions must be reserved exclusively
 1139  for use in a project. As used in this sub-subparagraph, the term
 1140  “project” means activity undertaken by an eligible sponsor which
 1141  is designed to construct, improve, or substantially rehabilitate
 1142  housing that is affordable to low-income households or very-low
 1143  income households; designed to provide housing opportunities for
 1144  persons with special needs; designed to provide commercial,
 1145  industrial, or public resources and facilities; or designed to
 1146  improve entrepreneurial and job-development opportunities for
 1147  low-income persons. A project may be the investment necessary to
 1148  increase access to high-speed broadband capability in a rural
 1149  community that had an enterprise zone designated pursuant to
 1150  chapter 290 as of May 1, 2015, including projects that result in
 1151  improvements to communications assets that are owned by a
 1152  business. A project may include the provision of museum
 1153  educational programs and materials that are directly related to
 1154  a project approved between January 1, 1996, and December 31,
 1155  1999, and located in an area which was in an enterprise zone
 1156  designated pursuant to s. 290.0065 as of May 1, 2015. This
 1157  paragraph does not preclude projects that propose to construct
 1158  or rehabilitate housing for low-income households or very-low
 1159  income households on scattered sites or housing opportunities
 1160  for persons with special needs. With respect to housing,
 1161  contributions may be used to pay the following eligible special
 1162  needs, low-income, and very-low-income housing-related
 1163  activities:
 1164         (I) Project development impact and management fees for
 1165  special needs, low-income, or very-low-income housing projects;
 1166         (II) Down payment and closing costs for persons with
 1167  special needs, low-income persons, and very-low-income persons;
 1168         (III) Administrative costs, including housing counseling
 1169  and marketing fees, not to exceed 10 percent of the community
 1170  contribution, directly related to special needs, low-income, or
 1171  very-low-income projects; and
 1172         (IV) Removal of liens recorded against residential property
 1173  by municipal, county, or special district local governments if
 1174  satisfaction of the lien is a necessary precedent to the
 1175  transfer of the property to a low-income person or very-low
 1176  income person for the purpose of promoting home ownership.
 1177  Contributions for lien removal must be received from a
 1178  nonrelated third party.
 1179         c. The project must be undertaken by an “eligible sponsor,”
 1180  which includes:
 1181         (I) A community action program;
 1182         (II) A nonprofit community-based development organization
 1183  whose mission is the provision of housing for persons with
 1184  special needs, low-income households, or very-low-income
 1185  households or increasing entrepreneurial and job-development
 1186  opportunities for low-income persons;
 1187         (III) A neighborhood housing services corporation;
 1188         (IV) A local housing authority created under chapter 421;
 1189         (V) A community redevelopment agency created under s.
 1190  163.356;
 1191         (VI) A historic preservation district agency or
 1192  organization;
 1193         (VII) A local workforce development board;
 1194         (VIII) A direct-support organization as provided in s.
 1195  1009.983;
 1196         (IX) An enterprise zone development agency created under s.
 1197  290.0056;
 1198         (X) A community-based organization incorporated under
 1199  chapter 617 which is recognized as educational, charitable, or
 1200  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 1201  and whose bylaws and articles of incorporation include
 1202  affordable housing, economic development, or community
 1203  development as the primary mission of the corporation;
 1204         (XI) Units of local government;
 1205         (XII) Units of state government; or
 1206         (XIII) Any other agency that the Department of Commerce
 1207  Economic Opportunity designates by rule.
 1208  
 1209  A contributing person may not have a financial interest in the
 1210  eligible sponsor.
 1211         d. The project must be located in an area which was in an
 1212  enterprise zone designated pursuant to chapter 290 as of May 1,
 1213  2015, or a Front Porch Florida Community, unless the project
 1214  increases access to high-speed broadband capability in a rural
 1215  community that had an enterprise zone designated pursuant to
 1216  chapter 290 as of May 1, 2015, but is physically located outside
 1217  the designated rural zone boundaries. Any project designed to
 1218  construct or rehabilitate housing for low-income households or
 1219  very-low-income households or housing opportunities for persons
 1220  with special needs is exempt from the area requirement of this
 1221  sub-subparagraph.
 1222         e.(I) If, during the first 10 business days of the state
 1223  fiscal year, eligible tax credit applications for projects that
 1224  provide housing opportunities for persons with special needs or
 1225  homeownership opportunities for low-income households or very
 1226  low-income households are received for less than the annual tax
 1227  credits available for those projects, the Department of Commerce
 1228  Economic Opportunity shall grant tax credits for those
 1229  applications and grant remaining tax credits on a first-come,
 1230  first-served basis for subsequent eligible applications received
 1231  before the end of the state fiscal year. If, during the first 10
 1232  business days of the state fiscal year, eligible tax credit
 1233  applications for projects that provide housing opportunities for
 1234  persons with special needs or homeownership opportunities for
 1235  low-income households or very-low-income households are received
 1236  for more than the annual tax credits available for those
 1237  projects, the Department of Commerce Economic Opportunity shall
 1238  grant the tax credits for those applications as follows:
 1239         (A) If tax credit applications submitted for approved
 1240  projects of an eligible sponsor do not exceed $200,000 in total,
 1241  the credits shall be granted in full if the tax credit
 1242  applications are approved.
 1243         (B) If tax credit applications submitted for approved
 1244  projects of an eligible sponsor exceed $200,000 in total, the
 1245  amount of tax credits granted pursuant to sub-sub-sub
 1246  subparagraph (A) shall be subtracted from the amount of
 1247  available tax credits, and the remaining credits shall be
 1248  granted to each approved tax credit application on a pro rata
 1249  basis.
 1250         (II) If, during the first 10 business days of the state
 1251  fiscal year, eligible tax credit applications for projects other
 1252  than those that provide housing opportunities for persons with
 1253  special needs or homeownership opportunities for low-income
 1254  households or very-low-income households are received for less
 1255  than the annual tax credits available for those projects, the
 1256  Department of Commerce Economic Opportunity shall grant tax
 1257  credits for those applications and shall grant remaining tax
 1258  credits on a first-come, first-served basis for subsequent
 1259  eligible applications received before the end of the state
 1260  fiscal year. If, during the first 10 business days of the state
 1261  fiscal year, eligible tax credit applications for projects other
 1262  than those that provide housing opportunities for persons with
 1263  special needs or homeownership opportunities for low-income
 1264  households or very-low-income households are received for more
 1265  than the annual tax credits available for those projects, the
 1266  Department of Commerce Economic Opportunity shall grant the tax
 1267  credits for those applications on a pro rata basis.
 1268         3. Application requirements.—
 1269         a. An eligible sponsor seeking to participate in this
 1270  program must submit a proposal to the Department of Commerce
 1271  Economic Opportunity which sets forth the name of the sponsor, a
 1272  description of the project, and the area in which the project is
 1273  located, together with such supporting information as is
 1274  prescribed by rule. The proposal must also contain a resolution
 1275  from the local governmental unit in which the project is located
 1276  certifying that the project is consistent with local plans and
 1277  regulations.
 1278         b. A person seeking to participate in this program must
 1279  submit an application for tax credit to the Department of
 1280  Commerce Economic Opportunity which sets forth the name of the
 1281  sponsor; a description of the project; and the type, value, and
 1282  purpose of the contribution. The sponsor shall verify, in
 1283  writing, the terms of the application and indicate its receipt
 1284  of the contribution, and such verification must accompany the
 1285  application for tax credit. The person must submit a separate
 1286  tax credit application to the Department of Commerce Economic
 1287  Opportunity for each individual contribution that it makes to
 1288  each individual project.
 1289         c. A person who has received notification from the
 1290  Department of Commerce Economic Opportunity that a tax credit
 1291  has been approved must apply to the department to receive the
 1292  refund. Application must be made on the form prescribed for
 1293  claiming refunds of sales and use taxes and be accompanied by a
 1294  copy of the notification. A person may submit only one
 1295  application for refund to the department within a 12-month
 1296  period.
 1297         4. Administration.—
 1298         a. The Department of Commerce Economic Opportunity may
 1299  adopt rules necessary to administer this paragraph, including
 1300  rules for the approval or disapproval of proposals by a person.
 1301         b. The decision of the Department of Commerce Economic
 1302  Opportunity must be in writing, and, if approved, the
 1303  notification shall state the maximum credit allowable to the
 1304  person. Upon approval, the Department of Commerce Economic
 1305  Opportunity shall transmit a copy of the decision to the
 1306  department.
 1307         c. The Department of Commerce Economic Opportunity shall
 1308  periodically monitor all projects in a manner consistent with
 1309  available resources to ensure that resources are used in
 1310  accordance with this paragraph; however, each project must be
 1311  reviewed at least once every 2 years.
 1312         d. The Department of Commerce Economic Opportunity shall,
 1313  in consultation with the statewide and regional housing and
 1314  financial intermediaries, market the availability of the
 1315  community contribution tax credit program to community-based
 1316  organizations.
 1317         (q) Building materials, the rental of tangible personal
 1318  property, and pest control services used in new construction
 1319  located in a rural area of opportunity.—
 1320         1. As used in this paragraph, the term:
 1321         a. “Building materials” means tangible personal property
 1322  that becomes a component part of improvements to real property.
 1323         b. “Exempt goods and services” means building materials,
 1324  the rental of tangible personal property, and pest control
 1325  services used in new construction.
 1326         c. “New construction” means improvements to real property
 1327  which did not previously exist. The term does not include the
 1328  reconstruction, renovation, restoration, rehabilitation,
 1329  modification, alteration, or expansion of buildings already
 1330  located on the parcel on which the new construction is built.
 1331         d. “Pest control” has the same meaning as in s. 482.021.
 1332         e. “Real property” has the same meaning as provided in s.
 1333  192.001, but does not include a condominium parcel or
 1334  condominium property as defined in s. 718.103.
 1335         f. “Substantially completed” has the same meaning as in s.
 1336  192.042(1).
 1337         2. Building materials, the rental of tangible personal
 1338  property, and pest control services used in new construction
 1339  located in a rural area of opportunity, as designated by the
 1340  Governor pursuant to s. 288.0656, are exempt from the tax
 1341  imposed by this chapter if an owner, lessee, or lessor can
 1342  demonstrate to the satisfaction of the department that the
 1343  requirements of this paragraph have been met. Except as provided
 1344  in subparagraph 3., this exemption inures to the owner, lessee,
 1345  or lessor at the time the new construction occurs, but only
 1346  through a refund of previously paid taxes. To receive a refund
 1347  pursuant to this paragraph, the owner, lessee, or lessor of the
 1348  new construction must file an application under oath with the
 1349  Department of Commerce Economic Opportunity. The application
 1350  must include all of the following:
 1351         a. The name and address of the person claiming the refund.
 1352         b. An address and assessment roll parcel number of the real
 1353  property that was improved by the new construction for which a
 1354  refund of previously paid taxes is being sought.
 1355         c. A description of the new construction.
 1356         d. A copy of a valid building permit issued by the county
 1357  or municipal building department for the new construction.
 1358         e. A sworn statement, under penalty of perjury, from the
 1359  general contractor licensed in this state with whom the
 1360  applicant contracted to build the new construction, which
 1361  specifies the exempt goods and services, the actual cost of the
 1362  exempt goods and services, and the amount of sales tax paid in
 1363  this state on the exempt goods and services, and which states
 1364  that the improvement to the real property was new construction.
 1365  If a general contractor was not used, the applicant shall make
 1366  the sworn statement required by this sub-subparagraph. Copies of
 1367  the invoices evidencing the actual cost of the exempt goods and
 1368  services and the amount of sales tax paid on such goods and
 1369  services must be attached to the sworn statement provided by the
 1370  general contractor or by the applicant. If copies of such
 1371  invoices are not attached, the cost of the exempt goods and
 1372  services is deemed to be an amount equal to 40 percent of the
 1373  increase in assessed value of the property for ad valorem tax
 1374  purposes.
 1375         f. A certification by the local building code inspector
 1376  that the new construction is substantially completed and is new
 1377  construction.
 1378         3. The exemption under this paragraph inures to a
 1379  municipality, county, other governmental unit or agency, or
 1380  nonprofit community-based organization through a refund of
 1381  previously paid taxes if the exempt goods and services are paid
 1382  for from the funds of a community development block grant, the
 1383  State Housing Initiatives Partnership Program, or a similar
 1384  grant or loan program. To receive a refund, a municipality,
 1385  county, other governmental unit or agency, or nonprofit
 1386  community-based organization must file an application that
 1387  includes the same information required under subparagraph 2. In
 1388  addition, the application must include a sworn statement signed
 1389  by the chief executive officer of the municipality, county,
 1390  other governmental unit or agency, or nonprofit community-based
 1391  organization seeking a refund which states that the exempt goods
 1392  and services for which a refund is sought were funded by a
 1393  community development block grant, the State Housing Initiatives
 1394  Partnership Program, or a similar grant or loan program.
 1395         4. Within 10 working days after receiving an application,
 1396  the Department of Commerce Economic Opportunity shall review the
 1397  application to determine whether it contains all of the
 1398  information required by subparagraph 2. or subparagraph 3., as
 1399  appropriate, and meets the criteria set out in this paragraph.
 1400  The Department of Commerce Economic Opportunity shall certify
 1401  all applications that contain the required information and are
 1402  eligible to receive a refund. The certification must be in
 1403  writing and a copy must be transmitted by the Department of
 1404  Commerce Economic Opportunity to the executive director of the
 1405  department. The applicant is responsible for forwarding a
 1406  certified application to the department within the period
 1407  specified in subparagraph 5.
 1408         5. An application for a refund must be submitted to the
 1409  department within 6 months after the new construction is deemed
 1410  to be substantially completed by the local building code
 1411  inspector or by November 1 after the improved property is first
 1412  subject to assessment.
 1413         6. Only one exemption through a refund of previously paid
 1414  taxes for the new construction may be claimed for any single
 1415  parcel of property unless there is a change in ownership, a new
 1416  lessor, or a new lessee of the real property. A refund may not
 1417  be granted unless the amount to be refunded exceeds $500. A
 1418  refund may not exceed the lesser of 97.5 percent of the Florida
 1419  sales or use tax paid on the cost of the exempt goods and
 1420  services as determined pursuant to sub-subparagraph 2.e. or
 1421  $10,000. The department shall issue a refund within 30 days
 1422  after it formally approves a refund application.
 1423         7. The department shall deduct 10 percent of each refund
 1424  amount granted under this paragraph from the amount transferred
 1425  into the Local Government Half-cent Sales Tax Clearing Trust
 1426  Fund pursuant to s. 212.20 for the county area in which the new
 1427  construction is located and shall transfer that amount to the
 1428  General Revenue Fund.
 1429         8. The department may adopt rules governing the manner and
 1430  format of refund applications and may establish guidelines as to
 1431  the requisites for an affirmative showing of qualification for
 1432  exemption under this paragraph.
 1433         9. This exemption does not apply to improvements for which
 1434  construction began before July 1, 2017.
 1435         Section 47. Paragraph (d) of subsection (1) of section
 1436  212.096, Florida Statutes, is amended to read:
 1437         212.096 Sales, rental, storage, use tax; enterprise zone
 1438  jobs credit against sales tax.—
 1439         (1) For the purposes of the credit provided in this
 1440  section:
 1441         (d) “Job” means a full-time position, as consistent with
 1442  terms used by the Department of Commerce Economic Opportunity
 1443  and the United States Department of Labor for purposes of
 1444  reemployment assistance tax administration and employment
 1445  estimation resulting directly from a business operation in this
 1446  state. This term does not include a temporary construction job
 1447  involved with the construction of facilities or any job that has
 1448  previously been included in any application for tax credits
 1449  under s. 220.181(1). The term also includes employment of an
 1450  employee leased from an employee leasing company licensed under
 1451  chapter 468 if such employee has been continuously leased to the
 1452  employer for an average of at least 36 hours per week for more
 1453  than 6 months.
 1454  
 1455  A person shall be deemed to be employed if the person performs
 1456  duties in connection with the operations of the business on a
 1457  regular, full-time basis, provided the person is performing such
 1458  duties for an average of at least 36 hours per week each month.
 1459  The person must be performing such duties at a business site
 1460  located in the enterprise zone.
 1461         Section 48. Paragraphs (a) and (e) of subsection (1),
 1462  subsections (6) and (7), paragraphs (a) and (c) of subsection
 1463  (10), and subsection (11) of section 212.097, Florida Statutes,
 1464  are amended to read:
 1465         212.097 Urban High-Crime Area Job Tax Credit Program.—
 1466         (1) As used in this section, the term:
 1467         (a) “Eligible business” means any sole proprietorship,
 1468  firm, partnership, or corporation that is located in a qualified
 1469  county and is predominantly engaged in, or is headquarters for a
 1470  business predominantly engaged in, activities usually provided
 1471  for consideration by firms classified within the following
 1472  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 1473  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 52
 1474  SIC 57 and SIC 59 (retail); SIC 422 (public warehousing and
 1475  storage); SIC 70 (hotels and other lodging places); SIC 7391
 1476  (research and development); SIC 781 (motion picture production
 1477  and allied services); SIC 7992 (public golf courses); and SIC
 1478  7996 (amusement parks). A call center or similar customer
 1479  service operation that services a multistate market or
 1480  international market is also an eligible business. In addition,
 1481  the Department of Commerce Economic Opportunity may, as part of
 1482  its final budget request submitted pursuant to s. 216.023,
 1483  recommend additions to or deletions from the list of standard
 1484  industrial classifications used to determine an eligible
 1485  business, and the Legislature may implement such
 1486  recommendations. Excluded from eligible receipts are receipts
 1487  from retail sales, except such receipts for SIC 52-SIC 57 and
 1488  SIC 59 (retail) hotels and other lodging places classified in
 1489  SIC 70, public golf courses in SIC 7992, and amusement parks in
 1490  SIC 7996. For purposes of this paragraph, the term
 1491  “predominantly” means that more than 50 percent of the
 1492  business’s gross receipts from all sources is generated by those
 1493  activities usually provided for consideration by firms in the
 1494  specified standard industrial classification. The determination
 1495  of whether the business is located in a qualified high-crime
 1496  area and the tier ranking of that area must be based on the date
 1497  of application for the credit under this section. Commonly owned
 1498  and controlled entities are to be considered a single business
 1499  entity.
 1500         (e) “Qualified high-crime area” means an area selected by
 1501  the Department of Commerce Economic Opportunity in the following
 1502  manner: every third year, the Department of Commerce Economic
 1503  Opportunity shall rank and tier those areas nominated under
 1504  subsection (7), according to the following prioritized criteria:
 1505         1. Highest arrest rates within the geographic area for
 1506  violent crime and for such other crimes as drug sale, drug
 1507  possession, prostitution, vandalism, and civil disturbances;
 1508         2. Highest reported crime volume and rate of specific
 1509  property crimes such as business and residential burglary, motor
 1510  vehicle theft, and vandalism;
 1511         3. Highest percentage of reported index crimes that are
 1512  violent in nature;
 1513         4. Highest overall index crime volume for the area; and
 1514         5. Highest overall index crime rate for the geographic
 1515  area.
 1516  
 1517  Tier-one areas are ranked 1 through 5 and represent the highest
 1518  crime areas according to this ranking. Tier-two areas are ranked
 1519  6 through 10 according to this ranking. Tier-three areas are
 1520  ranked 11 through 15. Notwithstanding this definition,
 1521  “qualified high-crime area” also means an area that has been
 1522  designated as a federal Empowerment Zone pursuant to the
 1523  Taxpayer Relief Act of 1997. Such a designated area is ranked in
 1524  tier three until the areas are reevaluated by the Department of
 1525  Commerce Economic Opportunity.
 1526         (6) Any county or municipality, or a county and one or more
 1527  municipalities together, may apply to the Department of Commerce
 1528  Economic Opportunity for the designation of an area as a high
 1529  crime area after the adoption by the governing body or bodies of
 1530  a resolution that:
 1531         (a) Finds that a high-crime area exists in such county or
 1532  municipality, or in both the county and one or more
 1533  municipalities, which chronically exhibits extreme and
 1534  unacceptable levels of poverty, unemployment, physical
 1535  deterioration, and economic disinvestment;
 1536         (b) Determines that the rehabilitation, conservation, or
 1537  redevelopment, or a combination thereof, of such a high-crime
 1538  area is necessary in the interest of the health, safety, and
 1539  welfare of the residents of such county or municipality, or such
 1540  county and one or more municipalities; and
 1541         (c) Determines that the revitalization of such a high-crime
 1542  area can occur if the public sector or private sector can be
 1543  induced to invest its own resources in productive enterprises
 1544  that build or rebuild the economic viability of the area.
 1545         (7) The governing body of the entity nominating the area
 1546  shall provide to the Department of Commerce Economic Opportunity
 1547  the following:
 1548         (a) The overall index crime rate for the geographic area;
 1549         (b) The overall index crime volume for the area;
 1550         (c) The percentage of reported index crimes that are
 1551  violent in nature;
 1552         (d) The reported crime volume and rate of specific property
 1553  crimes such as business and residential burglary, motor vehicle
 1554  theft, and vandalism; and
 1555         (e) The arrest rates within the geographic area for violent
 1556  crime and for such other crimes as drug sale, drug possession,
 1557  prostitution, disorderly conduct, vandalism, and other public
 1558  order offenses.
 1559         (10)(a) In order to claim this credit, an eligible business
 1560  must file under oath with the Department of Commerce Economic
 1561  Opportunity a statement that includes the name and address of
 1562  the eligible business and any other information that is required
 1563  to process the application.
 1564         (c) The maximum credit amount that may be approved during
 1565  any calendar year is $5 million, of which $1 million shall be
 1566  exclusively reserved for tier-one areas. The Department of
 1567  Revenue, in conjunction with the Department of Commerce Economic
 1568  Opportunity, shall notify the governing bodies in areas
 1569  designated as urban high-crime areas when the $5 million maximum
 1570  amount has been reached. Applications must be considered for
 1571  approval in the order in which they are received without regard
 1572  to whether the credit is for a new or existing business. This
 1573  limitation applies to the value of the credit as contained in
 1574  approved applications. Approved credits may be taken in the time
 1575  and manner allowed pursuant to this section.
 1576         (11) If the application is insufficient to support the
 1577  credit authorized in this section, the Department of Commerce
 1578  Economic Opportunity shall deny the credit and notify the
 1579  business of that fact. The business may reapply for this credit
 1580  within 3 months after such notification.
 1581         Section 49. Paragraph (c) of subsection (1), paragraphs
 1582  (a), (b), and (c) of subsection (6), and subsection (7) of
 1583  section 212.098, Florida Statutes, are amended to read:
 1584         212.098 Rural Job Tax Credit Program.—
 1585         (1) As used in this section, the term:
 1586         (c) “Qualified area” means any area that is contained
 1587  within a rural area of opportunity designated under s. 288.0656,
 1588  a county that has a population of fewer than 75,000 persons, or
 1589  a county that has a population of 125,000 or less and is
 1590  contiguous to a county that has a population of less than
 1591  75,000, selected in the following manner: every third year, the
 1592  Department of Commerce Economic Opportunity shall rank and tier
 1593  the state’s counties according to the following four factors:
 1594         1. Highest unemployment rate for the most recent 36-month
 1595  period.
 1596         2. Lowest per capita income for the most recent 36-month
 1597  period.
 1598         3. Highest percentage of residents whose incomes are below
 1599  the poverty level, based upon the most recent data available.
 1600         4. Average weekly manufacturing wage, based upon the most
 1601  recent data available.
 1602         (6)(a) In order to claim this credit, an eligible business
 1603  must file under oath with the Department of Commerce Economic
 1604  Opportunity a statement that includes the name and address of
 1605  the eligible business, the starting salary or hourly wages paid
 1606  to the new employee, and any other information that the
 1607  Department of Revenue requires.
 1608         (b) Pursuant to the incentive review process under s.
 1609  288.061, the Department of Commerce Economic Opportunity shall
 1610  review the application to determine whether it contains all the
 1611  information required by this subsection and meets the criteria
 1612  set out in this section. Subject to the provisions of paragraph
 1613  (c), the Department of Commerce Economic Opportunity shall
 1614  approve all applications that contain the information required
 1615  by this subsection and meet the criteria set out in this section
 1616  as eligible to receive a credit.
 1617         (c) The maximum credit amount that may be approved during
 1618  any calendar year is $5 million. The Department of Revenue, in
 1619  conjunction with the Department of Commerce Economic
 1620  Opportunity, shall notify the governing bodies in areas
 1621  designated as qualified counties when the $5 million maximum
 1622  amount has been reached. Applications must be considered for
 1623  approval in the order in which they are received without regard
 1624  to whether the credit is for a new or existing business. This
 1625  limitation applies to the value of the credit as contained in
 1626  approved applications. Approved credits may be taken in the time
 1627  and manner allowed pursuant to this section.
 1628         (7) If the application is insufficient to support the
 1629  credit authorized in this section, the Department of Commerce
 1630  Economic Opportunity shall deny the credit and notify the
 1631  business of that fact. The business may reapply for this credit
 1632  within 3 months after such notification.
 1633         Section 50. Subsection (4) and paragraph (a) of subsection
 1634  (7) of section 213.053, Florida Statutes, are amended to read:
 1635         213.053 Confidentiality and information sharing.—
 1636         (4) The department, while providing reemployment assistance
 1637  tax collection services under contract with the Department of
 1638  Commerce Economic Opportunity through an interagency agreement
 1639  pursuant to s. 443.1316, may release reemployment assistance tax
 1640  rate information to the agent of an employer who provides
 1641  payroll services for more than 100 employers, pursuant to the
 1642  terms of a memorandum of understanding. The memorandum of
 1643  understanding must state that the agent affirms, subject to the
 1644  criminal penalties contained in ss. 443.171 and 443.1715, that
 1645  the agent will retain the confidentiality of the information,
 1646  that the agent has in effect a power of attorney from the
 1647  employer which permits the agent to obtain reemployment
 1648  assistance tax rate information, and that the agent shall
 1649  provide the department with a copy of the employer’s power of
 1650  attorney upon request.
 1651         (7)(a) Any information received by the Department of
 1652  Revenue in connection with the administration of taxes,
 1653  including, but not limited to, information contained in returns,
 1654  reports, accounts, or declarations filed by persons subject to
 1655  tax, shall be made available to the following in performance of
 1656  their official duties:
 1657         1. The Auditor General or his or her authorized agent;
 1658         2. The director of the Office of Program Policy Analysis
 1659  and Government Accountability or his or her authorized agent;
 1660         3. The Chief Financial Officer or his or her authorized
 1661  agent;
 1662         4. The Director of the Office of Insurance Regulation of
 1663  the Financial Services Commission or his or her authorized
 1664  agent;
 1665         5. A property appraiser or tax collector or their
 1666  authorized agents pursuant to s. 195.084(1);
 1667         6. Designated employees of the Department of Education
 1668  solely for determination of each school district’s price level
 1669  index pursuant to s. 1011.62(2);
 1670         7. The Secretary of Commerce Economic Opportunity or his or
 1671  her authorized agent;
 1672         8. The taxpayers’ rights advocate or his or her authorized
 1673  agent pursuant to s. 20.21(3); and
 1674         9. The coordinator of the Office of Economic and
 1675  Demographic Research or his or her authorized agent.
 1676         Section 51. Subsection (1) of section 215.5588, Florida
 1677  Statutes, is amended to read:
 1678         215.5588 Florida Disaster Recovery Program.—
 1679         (1) The Department of Commerce Economic Opportunity shall
 1680  implement the 2006 Disaster Recovery Program from funds provided
 1681  through the Emergency Supplemental Appropriations Act for
 1682  Defense, the Global War on Terror, and Hurricane Recovery, 2006,
 1683  for the purpose of assisting local governments in satisfying
 1684  disaster recovery needs in the areas of low-income housing and
 1685  infrastructure, with a primary focus on the hardening of single
 1686  family and multifamily housing units, not only to ensure that
 1687  affordable housing can withstand the effects of hurricane-force
 1688  winds, but also to mitigate the increasing costs of insurance,
 1689  which may ultimately render existing affordable homes
 1690  unaffordable or uninsurable. This section does not create an
 1691  entitlement for local governments or property owners or obligate
 1692  the state in any way to fund disaster recovery needs.
 1693         Section 52. Paragraph (a) of subsection (6) of section
 1694  216.292, Florida Statutes, is amended to read:
 1695         216.292 Appropriations nontransferable; exceptions.—
 1696         (6) The Chief Financial Officer shall transfer from any
 1697  available funds of an agency or the judicial branch the
 1698  following amounts and shall report all such transfers and the
 1699  reasons therefor to the legislative appropriations committees
 1700  and the Executive Office of the Governor:
 1701         (a) The amount due to the Unemployment Compensation Trust
 1702  Fund which is more than 90 days delinquent on reimbursements due
 1703  to the Unemployment Compensation Trust Fund. The amount
 1704  transferred shall be that certified by the state agency
 1705  providing reemployment assistance tax collection services under
 1706  contract with the Department of Commerce Economic Opportunity
 1707  through an interagency agreement pursuant to s. 443.1316.
 1708         Section 53. Paragraph (f) of subsection (1), subsection
 1709  (2), and paragraph (c) of subsection (3) of section 218.32,
 1710  Florida Statutes, are amended to read:
 1711         218.32 Annual financial reports; local governmental
 1712  entities.—
 1713         (1)
 1714         (f) If the department does not receive a completed annual
 1715  financial report from a local governmental entity within the
 1716  required period, it shall notify the Legislative Auditing
 1717  Committee and the Special District Accountability Program of the
 1718  Department of Commerce Economic Opportunity of the entity’s
 1719  failure to comply with the reporting requirements.
 1720         (2) The department shall annually by December 1 file a
 1721  verified report with the Governor, the Legislature, the Auditor
 1722  General, and the Special District Accountability Program of the
 1723  Department of Commerce Economic Opportunity showing the
 1724  revenues, both locally derived and derived from
 1725  intergovernmental transfers, and the expenditures of each local
 1726  governmental entity, regional planning council, local government
 1727  finance commission, and municipal power corporation that is
 1728  required to submit an annual financial report. In preparing the
 1729  verified report, the department may request additional
 1730  information from the local governmental entity. The information
 1731  requested must be provided to the department within 45 days
 1732  after the request. If the local governmental entity does not
 1733  comply with the request, the department shall notify the
 1734  Legislative Auditing Committee, which may take action pursuant
 1735  to s. 11.40(2). The report must include, but is not limited to:
 1736         (a) The total revenues and expenditures of each local
 1737  governmental entity that is a component unit included in the
 1738  annual financial report of the reporting entity.
 1739         (b) The amount of outstanding long-term debt by each local
 1740  governmental entity. For purposes of this paragraph, the term
 1741  “long-term debt” means any agreement or series of agreements to
 1742  pay money, which, at inception, contemplate terms of payment
 1743  exceeding 1 year in duration.
 1744         (3)
 1745         (c) By November 1 of each year, the department must provide
 1746  the Special District Accountability Program of the Department of
 1747  Commerce Economic Opportunity with a list of each community
 1748  redevelopment agency that does not report any revenues,
 1749  expenditures, or debt for the community redevelopment agency’s
 1750  previous fiscal year.
 1751         Section 54. Paragraph (f) of subsection (1) of section
 1752  218.37, Florida Statutes, is amended to read:
 1753         218.37 Powers and duties of Division of Bond Finance;
 1754  advisory council.—
 1755         (1) The Division of Bond Finance of the State Board of
 1756  Administration, with respect to both general obligation bonds
 1757  and revenue bonds, shall:
 1758         (f) By January 1 each year, provide the Special District
 1759  Accountability Program of the Department of Commerce Economic
 1760  Opportunity with a list of special districts that are not in
 1761  compliance with the requirements in s. 218.38.
 1762         Section 55. Paragraph (c) of subsection (1) of section
 1763  218.411, Florida Statutes, is amended to read:
 1764         218.411 Authorization for state technical and advisory
 1765  assistance.—
 1766         (1) The board is authorized, upon request, to assist local
 1767  governments in investing funds that are temporarily in excess of
 1768  operating needs by:
 1769         (c) Providing, in cooperation with the Department of
 1770  Commerce Economic Opportunity, technical assistance to local
 1771  governments in investment of surplus funds.
 1772         Section 56. Paragraph (ff) of subsection (1) of section
 1773  220.03, Florida Statutes, is amended to read:
 1774         220.03 Definitions.—
 1775         (1) SPECIFIC TERMS.—When used in this code, and when not
 1776  otherwise distinctly expressed or manifestly incompatible with
 1777  the intent thereof, the following terms shall have the following
 1778  meanings:
 1779         (ff) “Job” means a full-time position, as consistent with
 1780  terms used by the Department of Commerce Economic Opportunity
 1781  and the United States Department of Labor for purposes of
 1782  reemployment assistance tax administration and employment
 1783  estimation resulting directly from business operations in this
 1784  state. The term may not include a temporary construction job
 1785  involved with the construction of facilities or any job that has
 1786  previously been included in any application for tax credits
 1787  under s. 212.096. The term also includes employment of an
 1788  employee leased from an employee leasing company licensed under
 1789  chapter 468 if the employee has been continuously leased to the
 1790  employer for an average of at least 36 hours per week for more
 1791  than 6 months.
 1792         Section 57. Subsections (2) and (3), paragraphs (b) and (c)
 1793  of subsection (4), and subsection (5) of section 220.153,
 1794  Florida Statutes, are amended to read:
 1795         220.153 Apportionment by sales factor.—
 1796         (2) APPORTIONMENT OF TAXES; ELIGIBILITY.—A taxpayer, not
 1797  including a financial organization as defined in s. 220.15(6) or
 1798  a bank, savings association, international banking facility, or
 1799  banking organization as defined in s. 220.62, doing business
 1800  within and without this state, who applies and demonstrates to
 1801  the Department of Commerce Economic Opportunity that, within a
 1802  2-year period beginning on or after July 1, 2011, it has made
 1803  qualified capital expenditures equal to or exceeding $250
 1804  million may apportion its adjusted federal income solely by the
 1805  sales factor set forth in s. 220.15(5), commencing in the
 1806  taxable year that the Department of Commerce Economic
 1807  Opportunity approves the application, but not before a taxable
 1808  year that begins on or after January 1, 2013. Once approved, a
 1809  taxpayer may elect to apportion its adjusted federal income for
 1810  any taxable year using the method provided under this section or
 1811  the method provided under s. 220.15.
 1812         (3) QUALIFICATION PROCESS.—
 1813         (a) To qualify as a taxpayer who is eligible to apportion
 1814  its adjusted federal income under this section:
 1815         1. The taxpayer must notify the Department of Commerce
 1816  Economic Opportunity of its intent to submit an application to
 1817  apportion its adjusted federal income in order to commence the
 1818  2-year period for measuring qualified capital expenditures.
 1819         2. The taxpayer must submit an application to apportion its
 1820  adjusted federal income under this section to the Department of
 1821  Commerce Economic Opportunity within 2 years after notifying the
 1822  Department of Commerce Economic Opportunity of the taxpayer’s
 1823  intent to qualify. The application must be made under oath and
 1824  provide such information as the Department of Commerce Economic
 1825  Opportunity reasonably requires by rule for determining the
 1826  applicant’s eligibility to apportion adjusted federal income
 1827  under this section. The taxpayer is responsible for
 1828  affirmatively demonstrating to the satisfaction of the
 1829  Department of Commerce Economic Opportunity that it meets the
 1830  eligibility requirements.
 1831         (b) The taxpayer notice and application forms shall be
 1832  established by the Department of Commerce Economic Opportunity
 1833  by rule. The Department of Commerce Economic Opportunity shall
 1834  acknowledge receipt of the notice and approve or deny the
 1835  application in writing within 45 days after receipt.
 1836         (4) REVIEW AUTHORITY; RECAPTURE OF TAX.—
 1837         (b) The Department of Commerce Economic Opportunity may, by
 1838  order, revoke its decision to grant eligibility for
 1839  apportionment pursuant to this section, and may also order the
 1840  recalculation of apportionment factors to those applicable under
 1841  s. 220.15 if, as the result of an audit, investigation, or
 1842  examination, it determines that information provided by the
 1843  taxpayer in the application, or in a statement, representation,
 1844  record, report, plan, or other document provided to the
 1845  Department of Commerce Economic Opportunity to become eligible
 1846  for apportionment, was materially false at the time it was made
 1847  and that an individual acting on behalf of the taxpayer knew, or
 1848  should have known, that the information submitted was false. The
 1849  taxpayer shall pay such additional taxes and interest as may be
 1850  due pursuant to this chapter computed as the difference between
 1851  the tax that would have been due under the apportionment formula
 1852  provided in s. 220.15 for such years and the tax actually paid.
 1853  In addition, the department shall assess a penalty equal to 100
 1854  percent of the additional tax due.
 1855         (c) The Department of Commerce Economic Opportunity shall
 1856  immediately notify the department of an order affecting a
 1857  taxpayer’s eligibility to apportion tax pursuant to this
 1858  section. A taxpayer who is liable for past tax must file an
 1859  amended return with the department, or such other report as the
 1860  department prescribes by rule, and pay any required tax,
 1861  interest, and penalty within 60 days after the taxpayer receives
 1862  notification from the Department of Commerce Economic
 1863  Opportunity that the previously approved credits have been
 1864  revoked. If the revocation is contested, the taxpayer shall file
 1865  an amended return or other report within 30 days after an order
 1866  becomes final. A taxpayer who fails to pay the past tax,
 1867  interest, and penalty by the due date is subject to the
 1868  penalties provided in s. 220.803.
 1869         (5) RULES.—The Department of Commerce Economic Opportunity
 1870  and the department may adopt rules to administer this section.
 1871         Section 58. Paragraph (d) of subsection (1), paragraphs (b)
 1872  and (c) of subsection (2), paragraphs (a) and (b) of subsection
 1873  (3), and paragraphs (a), (b), (c), and (e) of subsection (4) of
 1874  section 220.183, Florida Statutes, are amended to read:
 1875         220.183 Community contribution tax credit.—
 1876         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
 1877  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
 1878  SPENDING.—
 1879         (d) All proposals for the granting of the tax credit shall
 1880  require the prior approval of the Department of Commerce
 1881  Economic Opportunity.
 1882         (2) ELIGIBILITY REQUIREMENTS.—
 1883         (b)1. All community contributions must be reserved
 1884  exclusively for use in projects as defined in s. 220.03(1)(t).
 1885         2. If, during the first 10 business days of the state
 1886  fiscal year, eligible tax credit applications for projects that
 1887  provide housing opportunities for persons with special needs as
 1888  defined in s. 420.0004 or homeownership opportunities for low
 1889  income or very-low-income households as defined in s.
 1890  420.9071(20) and (30) are received for less than the annual tax
 1891  credits available for those projects, the Department of Commerce
 1892  Economic Opportunity shall grant tax credits for those
 1893  applications and shall grant remaining tax credits on a first
 1894  come, first-served basis for any subsequent eligible
 1895  applications received before the end of the state fiscal year.
 1896  If, during the first 10 business days of the state fiscal year,
 1897  eligible tax credit applications for projects that provide
 1898  housing opportunities for persons with special needs as defined
 1899  in s. 420.0004 or homeownership opportunities for low-income or
 1900  very-low-income households as defined in s. 420.9071(20) and
 1901  (30) are received for more than the annual tax credits available
 1902  for those projects, the Department of Commerce Economic
 1903  Opportunity shall grant the tax credits for those applications
 1904  as follows:
 1905         a. If tax credit applications submitted for approved
 1906  projects of an eligible sponsor do not exceed $200,000 in total,
 1907  the credit shall be granted in full if the tax credit
 1908  applications are approved.
 1909         b. If tax credit applications submitted for approved
 1910  projects of an eligible sponsor exceed $200,000 in total, the
 1911  amount of tax credits granted under sub-subparagraph a. shall be
 1912  subtracted from the amount of available tax credits, and the
 1913  remaining credits shall be granted to each approved tax credit
 1914  application on a pro rata basis.
 1915         3. If, during the first 10 business days of the state
 1916  fiscal year, eligible tax credit applications for projects other
 1917  than those that provide housing opportunities for persons with
 1918  special needs as defined in s. 420.0004 or homeownership
 1919  opportunities for low-income or very-low-income households as
 1920  defined in s. 420.9071(20) and (30) are received for less than
 1921  the annual tax credits available for those projects, the
 1922  Department of Commerce Economic Opportunity shall grant tax
 1923  credits for those applications and shall grant remaining tax
 1924  credits on a first-come, first-served basis for any subsequent
 1925  eligible applications received before the end of the state
 1926  fiscal year. If, during the first 10 business days of the state
 1927  fiscal year, eligible tax credit applications for projects other
 1928  than those that provide housing opportunities for persons with
 1929  special needs as defined in s. 420.0004 or homeownership
 1930  opportunities for low-income or very-low-income households as
 1931  defined in s. 420.9071(20) and (30) are received for more than
 1932  the annual tax credits available for those projects, the
 1933  Department of Commerce Economic Opportunity shall grant the tax
 1934  credits for those applications on a pro rata basis.
 1935         (c) The project must be undertaken by an “eligible
 1936  sponsor,” defined here as:
 1937         1. A community action program;
 1938         2. A nonprofit community-based development organization
 1939  whose mission is the provision of housing for persons with
 1940  special needs or low-income or very-low-income households or
 1941  increasing entrepreneurial and job-development opportunities for
 1942  low-income persons;
 1943         3. A neighborhood housing services corporation;
 1944         4. A local housing authority, created pursuant to chapter
 1945  421;
 1946         5. A community redevelopment agency, created pursuant to s.
 1947  163.356;
 1948         6. A historic preservation district agency or organization;
 1949         7. A local workforce development board;
 1950         8. A direct-support organization as provided in s.
 1951  1009.983;
 1952         9. An enterprise zone development agency created pursuant
 1953  to s. 290.0056;
 1954         10. A community-based organization incorporated under
 1955  chapter 617 which is recognized as educational, charitable, or
 1956  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 1957  and whose bylaws and articles of incorporation include
 1958  affordable housing, economic development, or community
 1959  development as the primary mission of the corporation;
 1960         11. Units of local government;
 1961         12. Units of state government; or
 1962         13. Such other agency as the Department of Commerce
 1963  Economic Opportunity may, from time to time, designate by rule.
 1964  
 1965  In no event shall a contributing business firm have a financial
 1966  interest in the eligible sponsor.
 1967         (3) APPLICATION REQUIREMENTS.—
 1968         (a) Any eligible sponsor wishing to participate in this
 1969  program must submit a proposal to the Department of Commerce
 1970  Economic Opportunity which sets forth the sponsor, the project,
 1971  the area in which the project is located, and such supporting
 1972  information as may be prescribed by rule. The proposal shall
 1973  also contain a resolution from the local governmental unit in
 1974  which it is located certifying that the project is consistent
 1975  with local plans and regulations.
 1976         (b) Any business wishing to participate in this program
 1977  must submit an application for tax credit to the Department of
 1978  Commerce Economic Opportunity, which application sets forth the
 1979  sponsor; the project; and the type, value, and purpose of the
 1980  contribution. The sponsor shall verify the terms of the
 1981  application and indicate its receipt of the contribution, which
 1982  verification must be in writing and accompany the application
 1983  for tax credit.
 1984         (4) ADMINISTRATION.—
 1985         (a) The Department of Commerce Economic Opportunity has
 1986  authority to adopt rules pursuant to ss. 120.536(1) and 120.54
 1987  to implement the provisions of this section, including rules for
 1988  the approval or disapproval of proposals by business firms.
 1989         (b) The decision of the Department of Commerce Economic
 1990  Opportunity shall be in writing, and, if approved, the
 1991  notification must state the maximum credit allowable to the
 1992  business firm. A copy of the decision shall be transmitted to
 1993  the executive director of the Department of Revenue, who shall
 1994  apply such credit to the tax liability of the business firm.
 1995         (c) The Department of Commerce Economic Opportunity shall
 1996  periodically monitor all projects in a manner consistent with
 1997  available resources to ensure that resources are utilized in
 1998  accordance with this section; however, each project shall be
 1999  reviewed no less often than once every 2 years.
 2000         (e) The Department of Commerce Economic Opportunity shall,
 2001  in consultation with the Florida Housing Finance Corporation and
 2002  the statewide and regional housing and financial intermediaries,
 2003  market the availability of the community contribution tax credit
 2004  program to community-based organizations.
 2005         Section 59. Section 220.1895, Florida Statutes, is amended
 2006  to read:
 2007         220.1895 Rural Job Tax Credit and Urban High-Crime Area Job
 2008  Tax Credit.—There shall be allowed a credit against the tax
 2009  imposed by this chapter amounts approved by the Department of
 2010  Commerce Economic Opportunity pursuant to the Rural Job Tax
 2011  Credit Program in s. 212.098 and the Urban High-Crime Area Job
 2012  Tax Credit Program in s. 212.097. A corporation that uses its
 2013  credit against the tax imposed by this chapter may not take the
 2014  credit against the tax imposed by chapter 212. If any credit
 2015  granted under this section is not fully used in the first year
 2016  for which it becomes available, the unused amount may be carried
 2017  forward for a period not to exceed 5 years. The carryover may be
 2018  used in a subsequent year when the tax imposed by this chapter
 2019  for such year exceeds the credit for such year under this
 2020  section after applying the other credits and unused credit
 2021  carryovers in the order provided in s. 220.02(8).
 2022         Section 60. Paragraphs (f) and (g) of subsection (1) of
 2023  section 220.191, Florida Statutes, are amended to read:
 2024         220.191 Capital investment tax credit.—
 2025         (1) DEFINITIONS.—For purposes of this section:
 2026         (f) “Jobs” means full-time equivalent positions, as that
 2027  term is consistent with terms used by the Department of Commerce
 2028  Economic Opportunity and the United States Department of Labor
 2029  for purposes of reemployment assistance tax administration and
 2030  employment estimation, resulting directly from a project in this
 2031  state. The term does not include temporary construction jobs
 2032  involved in the construction of the project facility.
 2033         (g) “Qualifying business” means a business which
 2034  establishes a qualifying project in this state and which is
 2035  certified by the Department of Commerce Economic Opportunity to
 2036  receive tax credits pursuant to this section.
 2037         Section 61. Subsection (2) of section 222.15, Florida
 2038  Statutes, is amended to read:
 2039         222.15 Wages or reemployment assistance or unemployment
 2040  compensation payments due deceased employee may be paid spouse
 2041  or certain relatives.—
 2042         (2) It is also lawful for the Department of Commerce
 2043  Economic Opportunity, in case of death of any unemployed
 2044  individual, to pay to those persons referred to in subsection
 2045  (1) any reemployment assistance or unemployment compensation
 2046  payments that may be due to the individual at the time of his or
 2047  her death.
 2048         Section 62. Subsection (1) of section 252.85, Florida
 2049  Statutes, is amended to read:
 2050         252.85 Fees.—
 2051         (1) Any owner or operator of a facility required under s.
 2052  302 or s. 312 of EPCRA, or by s. 252.87, to submit a
 2053  notification or an annual inventory form to the commission shall
 2054  be required to pay an annual registration fee. The fee for any
 2055  company, including all facilities under common ownership or
 2056  control, shall not be less than $25 nor more than $2,000. The
 2057  division shall establish a reduced fee, of not less than $25 nor
 2058  more than $500, applicable to any owner or operator regulated
 2059  under part I of chapter 368, chapter 527, or s. 376.303, which
 2060  does not have present any extremely hazardous substance, as
 2061  defined by EPCRA, in excess of a threshold planning quantity, as
 2062  established by EPCRA. The division shall establish a reduced fee
 2063  of not less than $25 nor more than $1,000, applicable to any
 2064  owner or operator of a facility with a Standard Industrial
 2065  Classification Code of 01, 02, or 07, which is eligible for the
 2066  “routine agricultural use” exemption provided in ss. 311 and 312
 2067  of EPCRA. The fee under this subsection shall be based on the
 2068  number of employees employed within the state at facilities
 2069  under the common ownership or control of such owner or operator,
 2070  which number shall be determined, to the extent possible, in
 2071  accordance with data supplied by the Department of Commerce
 2072  Economic Opportunity or its tax collection service provider. In
 2073  order to avoid the duplicative reporting of seasonal and
 2074  temporary agricultural employees, fees applicable to owners or
 2075  operators of agricultural facilities, which are eligible for the
 2076  “routine agricultural use” reporting exemption provided in ss.
 2077  311 and 312 of EPCRA, shall be based on employee data which most
 2078  closely reflects such owner or operator’s permanent nonseasonal
 2079  workforce. The division shall establish by rule the date by
 2080  which the fee is to be paid, as well as a formula or method of
 2081  determining the applicable fee under this subsection without
 2082  regard to the number of facilities under common ownership or
 2083  control. The division may require owners or operators of
 2084  multiple facilities to demonstrate common ownership or control
 2085  for purposes of this subsection.
 2086         Section 63. Paragraph (a) of subsection (21) of section
 2087  253.025, Florida Statutes, is amended to read:
 2088         253.025 Acquisition of state lands.—
 2089         (21)(a) The board of trustees may acquire, pursuant to s.
 2090  288.980(2)(b), nonconservation lands from the annual list
 2091  submitted by the Department of Commerce Economic Opportunity for
 2092  the purpose of buffering a military installation against
 2093  encroachment.
 2094         Section 64. Paragraph (b) of subsection (1) of section
 2095  255.099, Florida Statutes, is amended to read:
 2096         255.099 Preference to state residents.—
 2097         (1) Each contract for construction that is funded by state
 2098  funds must contain a provision requiring the contractor to give
 2099  preference to the employment of state residents in the
 2100  performance of the work on the project if state residents have
 2101  substantially equal qualifications to those of nonresidents. A
 2102  contract for construction funded by local funds may contain such
 2103  a provision.
 2104         (b) A contractor required to employ state residents must
 2105  contact the Department of Commerce Economic Opportunity to post
 2106  the contractor’s employment needs in the state’s job bank
 2107  system.
 2108         Section 65. Paragraph (b) of subsection (3), paragraph (b)
 2109  of subsection (4), subsection (6), paragraph (a) of subsection
 2110  (7), and paragraph (c) of subsection (9) of section 258.501,
 2111  Florida Statutes, are amended to read:
 2112         258.501 Myakka River; wild and scenic segment.—
 2113         (3) DEFINITIONS.—As used in this section, the term:
 2114         (b) “Agreement” means the interagency operating agreement
 2115  between the department, the Department of Commerce Economic
 2116  Opportunity, and Sarasota County or the City of North Port.
 2117         (4) DESIGNATION OF WILD AND SCENIC RIVER.—
 2118         (b) The governments of Sarasota County and the City of
 2119  North Port shall manage the Myakka River wild and scenic
 2120  protection zone under their existing authorities for
 2121  comprehensive planning, the regulation of land development
 2122  activities, and other necessary or appropriate ordinances and in
 2123  conformance with this section, the management plan required
 2124  under subsection (5), and the agreements adopted by the
 2125  department and the Department of Commerce Economic Opportunity
 2126  with the city and county pursuant to this section.
 2127         (6) AMENDMENT OF REGULATIONS AND COMPREHENSIVE PLANS.—
 2128         (a) Sarasota County and the City of North Port shall amend
 2129  their comprehensive plans so that the parts of such plans that
 2130  affect the wild and scenic protection zone conform to, or are
 2131  more stringent than, this section, the river management plan,
 2132  and management guidelines and performance standards to be
 2133  developed and contained within agreements to be adopted by the
 2134  department, the Department of Commerce Economic Opportunity, and
 2135  the city and county. The guidelines and performance standards
 2136  must be used by the department and the Department of Commerce
 2137  Economic Opportunity to review and monitor the regulation of
 2138  activities by the city and county in the wild and scenic
 2139  protection zone. Amendments to those comprehensive plans must
 2140  include specific policies and guidelines for minimizing adverse
 2141  impacts on resources in the river area and for managing the wild
 2142  and scenic protection zone in conformance with this section, the
 2143  river management plan, and the agreement. Such comprehensive
 2144  plans must be amended within 1 year after the adoption date of
 2145  the agreement, and thereafter, within 6 months following an
 2146  amendment to this section, the river management plan, or the
 2147  agreement, as may be necessary. For the purposes established in
 2148  this subsection, such amendments need not conform to statutory
 2149  or local ordinance limitations on the frequency of consideration
 2150  of amendments to local comprehensive plans.
 2151         (b) Sarasota County and the City of North Port shall adopt
 2152  or amend, within 1 year after the department and the Department
 2153  of Commerce Economic Opportunity adopt with the city and with
 2154  the county agreements for regulating activities in the wild and
 2155  scenic protection zone, any necessary ordinances and land
 2156  development regulations so that those ordinances and regulations
 2157  conform to the purposes of this section, the river management
 2158  plan, and the agreement. Thereafter, following any amendment to
 2159  this section, the river management plan, or the agreement, the
 2160  city and county must amend or adopt, within 1 year, appropriate
 2161  ordinances and land development regulations to maintain such
 2162  local ordinances and regulations in conformance with this
 2163  section, the river management plan, and the agreement. Those
 2164  ordinances and regulations must provide that activities must be
 2165  prohibited, or must undergo review and either be denied or
 2166  permitted with or without conditions, so as to minimize
 2167  potential adverse physical and visual impacts on resource values
 2168  in the river area and to minimize adverse impacts on private
 2169  landowners’ use of land for residential purposes. The resource
 2170  values of concern are those identified in this section and by
 2171  the coordinating council in the river management plan.
 2172  Activities which may be prohibited, subject to the agreement,
 2173  include, but are not limited to, landfills, clear cuttings,
 2174  major new infrastructure facilities, major activities that would
 2175  alter historic water or flood flows, multifamily residential
 2176  construction, commercial and industrial development, and mining
 2177  and major excavations. However, appurtenant structures for these
 2178  activities may be permitted if such structures do not have
 2179  adverse visual or measurable adverse environmental impacts to
 2180  resource values in the river area.
 2181         (c) If the Department of Commerce Economic Opportunity
 2182  determines that the local comprehensive plan or land development
 2183  regulations, as amended or supplemented by the local government,
 2184  are not in conformance with the purposes of this section, the
 2185  river management plan, and the agreement, the Department of
 2186  Commerce Economic Opportunity shall issue a notice of intent to
 2187  find the plan not in compliance and such plan shall be subject
 2188  to the administrative proceedings in accordance with s.
 2189  163.3184.
 2190         (7) MANAGEMENT COORDINATING COUNCIL.—
 2191         (a) Upon designation, the department shall create a
 2192  permanent council to provide interagency and intergovernmental
 2193  coordination in the management of the river. The coordinating
 2194  council shall be composed of one representative appointed from
 2195  each of the following: the department, the Department of
 2196  Transportation, the Fish and Wildlife Conservation Commission,
 2197  the Department of Commerce Economic Opportunity, the Florida
 2198  Forest Service of the Department of Agriculture and Consumer
 2199  Services, the Division of Historical Resources of the Department
 2200  of State, the Tampa Bay Regional Planning Council, the Southwest
 2201  Florida Water Management District, the Southwest Florida
 2202  Regional Planning Council, Manatee County, Sarasota County,
 2203  Charlotte County, the City of Sarasota, the City of North Port,
 2204  agricultural interests, environmental organizations, and any
 2205  others deemed advisable by the department.
 2206         (9) RULEMAKING AUTHORITY.—
 2207         (c) The department and the Department of Commerce Economic
 2208  Opportunity must enter into agreements with the City of North
 2209  Port and Sarasota County which provide for guiding and
 2210  monitoring the regulation of activities by the city and county,
 2211  in accordance with subsection (6). Such agreements shall include
 2212  guidelines and performance standards for regulating proposed
 2213  activities so as to minimize adverse environmental and visual
 2214  impacts of such activities on the resource values in the river
 2215  area, and to minimize adverse impacts to landowners’ use of land
 2216  for residential purposes.
 2217         Section 66. Subsection (3) of section 259.042, Florida
 2218  Statutes, is amended to read:
 2219         259.042 Tax increment financing for conservation lands.—
 2220         (3) The governing body of the jurisdiction that will
 2221  administer the separate reserve account shall provide
 2222  documentation to the Department of Commerce Economic Opportunity
 2223  identifying the boundary of the tax increment area. The
 2224  department shall determine whether the boundary is appropriate
 2225  in that property owners within the boundary will receive a
 2226  benefit from the proposed purchase of identified conservation
 2227  lands. The department must issue a letter of approval stating
 2228  that the establishment of the tax increment area and the
 2229  proposed purchases would benefit property owners within the
 2230  boundary and serve a public purpose before any tax increment
 2231  funds are deposited into the separate reserve account. If the
 2232  department fails to provide the required letter within 90 days
 2233  after receiving sufficient documentation of the boundary, the
 2234  establishment of the area and the proposed purchases are deemed
 2235  to provide such benefit and serve a public purpose.
 2236         Section 67. Paragraph (b) of subsection (4) of section
 2237  267.0625, Florida Statutes, is amended to read:
 2238         267.0625 Abrogation of offensive and derogatory geographic
 2239  place names.—
 2240         (4) The division shall:
 2241         (b) Notify the Department of Transportation, the Department
 2242  of Commerce Economic Opportunity, the Department of Management
 2243  Services, and any other entity that compiles information for or
 2244  develops maps or markers for the state of the name change so
 2245  that it may be reflected on subsequent editions of any maps,
 2246  informational literature, or markers produced by those entities.
 2247         Section 68. Subsection (2) of section 288.005, Florida
 2248  Statutes, is amended to read:
 2249         288.005 Definitions.—As used in this chapter, the term:
 2250         (2) “Department” means the Department of Commerce Economic
 2251  Opportunity.
 2252         Section 69. Subsection (3), paragraph (a) of subsection
 2253  (5), and subsection (6) of section 288.061, Florida Statutes,
 2254  are amended to read:
 2255         288.061 Economic development incentive application
 2256  process.—
 2257         (3) Within 10 business days after the department receives
 2258  the submitted economic development incentive application, the
 2259  Secretary of Commerce Economic Opportunity shall approve or
 2260  disapprove the application and issue a letter of certification
 2261  to the applicant which includes a justification of that
 2262  decision, unless the business requests an extension of that
 2263  time.
 2264         (a) The contract or agreement with the applicant must
 2265  specify the total amount of the award, the performance
 2266  conditions that must be met to obtain the award, the schedule
 2267  for payment, and sanctions that would apply for failure to meet
 2268  performance conditions. The department may enter into one
 2269  agreement or contract covering all of the state incentives that
 2270  are being provided to the applicant. The contract must provide
 2271  that release of funds is contingent upon sufficient
 2272  appropriation of funds by the Legislature.
 2273         (b) The release of funds for the incentive or incentives
 2274  awarded to the applicant depends upon the statutory requirements
 2275  of the particular incentive program.
 2276         (5)(a) The Secretary of Commerce Economic Opportunity may
 2277  not approve an economic development incentive application unless
 2278  the application includes a signed written declaration by the
 2279  applicant which states that the applicant has read the
 2280  information in the application and that the information is true,
 2281  correct, and complete to the best of the applicant’s knowledge
 2282  and belief.
 2283         (6) Beginning July 1, 2020, The Secretary of Commerce
 2284  Economic Opportunity may not approve an economic development
 2285  incentive application unless the application includes proof to
 2286  the department that the applicant business is registered with
 2287  and uses the E-Verify system, as defined in s. 448.095, to
 2288  verify the work authorization status of all newly hired
 2289  employees. If the department determines that an awardee is not
 2290  complying with this subsection, the department must notify the
 2291  awardee by certified mail of the department’s determination of
 2292  noncompliance and the awardee’s right to appeal the
 2293  determination. Upon a final determination of noncompliance, the
 2294  awardee must repay all moneys received as an economic
 2295  development incentive to the department within 30 days after the
 2296  final determination.
 2297         Section 70. Paragraph (a) of subsection (1) of section
 2298  288.075, Florida Statutes, is amended to read:
 2299         288.075 Confidentiality of records.—
 2300         (1) DEFINITIONS.—As used in this section, the term:
 2301         (a) “Economic development agency” means:
 2302         1. The Department of Commerce Economic Opportunity;
 2303         2. Any industrial development authority created in
 2304  accordance with part III of chapter 159 or by special law;
 2305         3. Space Florida created in part II of chapter 331;
 2306         4. The public economic development agency of a county or
 2307  municipality or, if the county or municipality does not have a
 2308  public economic development agency, the county or municipal
 2309  officers or employees assigned the duty to promote the general
 2310  business interests or industrial interests of that county or
 2311  municipality or the responsibilities related thereto;
 2312         5. Any research and development authority created in
 2313  accordance with part V of chapter 159; or
 2314         6. Any private agency, person, partnership, corporation, or
 2315  business entity when authorized by the state, a municipality, or
 2316  a county to promote the general business interests or industrial
 2317  interests of the state or that municipality or county.
 2318         Section 71. Subsection (1) of section 288.1201, Florida
 2319  Statutes, is amended to read:
 2320         288.1201 State Economic Enhancement and Development Trust
 2321  Fund.—
 2322         (1) There is created within the Department of Commerce
 2323  Economic Opportunity the State Economic Enhancement and
 2324  Development Trust Fund. Moneys deposited in the trust fund shall
 2325  be used for infrastructure and job creation opportunities and
 2326  for the following purposes or programs:
 2327         (a) Transportation facilities that meet a strategic and
 2328  essential state interest with respect to the economic
 2329  development of the state;
 2330         (b) Affordable housing programs and projects in accordance
 2331  with chapter 420;
 2332         (c) Economic development incentives for job creation and
 2333  capital investment;
 2334         (d) Workforce training associated with locating a new
 2335  business or expanding an existing business; and
 2336         (e) Tourism promotion and marketing services, functions,
 2337  and programs.
 2338         Section 72. Subsection (11) of section 288.1226, Florida
 2339  Statutes, is amended to read:
 2340         288.1226 Florida Tourism Industry Marketing Corporation;
 2341  use of property; board of directors; duties; audit.—
 2342         (11) PROPOSED OPERATING BUDGET SUBMISSION.—By August 15 of
 2343  each fiscal year, the Department of Commerce Economic
 2344  Opportunity shall submit a proposed operating budget for the
 2345  corporation including amounts to be expended on advertising,
 2346  marketing, promotions, events, other operating capital outlay,
 2347  and salaries and benefits for each employee to the Governor, the
 2348  President of the Senate, and the Speaker of the House of
 2349  Representatives.
 2350         Section 73. Subsection (2) of section 288.8012, Florida
 2351  Statutes, is amended to read:
 2352         288.8012 Definitions.—As used in ss. 288.8011-288.8018, the
 2353  term:
 2354         (2) “Department” means the Department of Commerce Economic
 2355  Opportunity.
 2356         Section 74. Subsection (8) of section 288.8014, Florida
 2357  Statutes, is amended to read:
 2358         288.8014 Triumph Gulf Coast, Inc.; organization; board of
 2359  directors.—
 2360         (8) The Secretary of Commerce Economic Opportunity, or his
 2361  or her designee, the Secretary of Environmental Protection, or
 2362  his or her designee, and the chair of the Committee of 8
 2363  Disproportionally Affected Counties, or his or her designee,
 2364  shall be available to consult with the board of directors and
 2365  may be requested to attend meetings of the board of directors.
 2366  These individuals shall not be permitted to vote on any matter
 2367  before the board.
 2368         Section 75. Subsection (2) of section 288.9604, Florida
 2369  Statutes, is amended to read:
 2370         288.9604 Creation of the corporation.—
 2371         (2) The board of directors of the corporation shall consist
 2372  of seven directors. The Secretary of Commerce Economic
 2373  Opportunity, or his or her designee, shall serve as chair of the
 2374  board of directors of the corporation. The director of the
 2375  Division of Bond Finance of the State Board of Administration,
 2376  or his or her designee, shall serve as a director on the board
 2377  of directors of the corporation. The Governor, subject to
 2378  confirmation by the Senate, shall appoint the remaining five
 2379  directors of the board of directors of the corporation. The
 2380  terms of office for the appointed directors are for 4 years
 2381  after the date of their appointment. A vacancy occurring during
 2382  a term of an appointed director shall be filled for the
 2383  unexpired term. An appointed director is eligible for
 2384  reappointment. At least three of the appointed directors of the
 2385  corporation must have experience in finance, and one of the
 2386  directors must have experience in economic development.
 2387         Section 76. Section 288.9610, Florida Statutes, is amended
 2388  to read:
 2389         288.9610 Annual reports of Florida Development Finance
 2390  Corporation.—On or before 90 days after the close of the Florida
 2391  Development Finance Corporation’s fiscal year, the corporation
 2392  shall submit to the Governor, the Legislature, the Auditor
 2393  General, the Department of Commerce Economic Opportunity, and
 2394  the governing body of each public entity for which the
 2395  corporation issues revenue bonds pursuant to s. 288.9606 or with
 2396  which it has entered into an interlocal agreement a complete and
 2397  detailed report setting forth:
 2398         (1) The results of any audit conducted under s. 11.45.
 2399         (2) The activities, operations, and accomplishments of the
 2400  Florida Development Finance Corporation, including the number of
 2401  businesses assisted by the corporation.
 2402         (3) Its assets, liabilities, income, and operating expenses
 2403  at the end of its most recent fiscal year, including a
 2404  description of all of its outstanding revenue bonds.
 2405         Section 77. Subsection (5) of section 288.987, Florida
 2406  Statutes, is amended to read:
 2407         288.987 Florida Defense Support Task Force.—
 2408         (5) The Secretary of Commerce Economic Opportunity, or his
 2409  or her designee, shall serve as the ex officio, nonvoting
 2410  executive director of the task force.
 2411         Section 78. Paragraph (b) of subsection (2) of section
 2412  288.9961, Florida Statutes, is amended to read:
 2413         288.9961 Promotion of broadband adoption; Florida Office of
 2414  Broadband.—
 2415         (2) DEFINITIONS.—As used in this section, the term:
 2416         (b) “Department” means the Department of Commerce Economic
 2417  Opportunity.
 2418         Section 79. Subsection (2) of section 290.004, Florida
 2419  Statutes, is amended to read:
 2420         290.004 Definitions relating to Florida Enterprise Zone
 2421  Act.—As used in ss. 290.001-290.016:
 2422         (2) “Department” means the Department of Commerce Economic
 2423  Opportunity.
 2424         Section 80. Paragraph (a) of subsection (6) of section
 2425  290.0065, Florida Statutes, is amended to read:
 2426         290.0065 State designation of enterprise zones.—
 2427         (6)(a) The department may develop guidelines necessary for
 2428  the approval of areas under this section by the Secretary of
 2429  Commerce Economic Opportunity.
 2430         Section 81. Section 290.00729, Florida Statutes, is amended
 2431  to read:
 2432         290.00729 Enterprise zone designation for Charlotte
 2433  County.—Charlotte County may apply to the Department of Commerce
 2434  Economic Opportunity for designation of one enterprise zone
 2435  encompassing an area not to exceed 20 square miles within
 2436  Charlotte County. Notwithstanding s. 290.0065 limiting the total
 2437  number of enterprise zones designated and the number of
 2438  enterprise zones within a population category, the department
 2439  may designate one enterprise zone under this section. The
 2440  department shall establish the initial effective date of the
 2441  enterprise zone designated under this section.
 2442         Section 82. Subsection (3) of section 290.042, Florida
 2443  Statutes, is amended to read:
 2444         290.042 Definitions relating to Florida Small Cities
 2445  Community Development Block Grant Program Act.—As used in ss.
 2446  290.0401-290.048, the term:
 2447         (3) “Department” means the Department of Commerce Economic
 2448  Opportunity.
 2449         Section 83. Subsection (4) of section 290.0455, Florida
 2450  Statutes, is amended to read:
 2451         290.0455 Small Cities Community Development Block Grant
 2452  Loan Guarantee Program; Section 108 loan guarantees.—
 2453         (4) An applicant approved by the United States Department
 2454  of Housing and Urban Development to receive a Section 108 loan
 2455  shall enter into an agreement with the Department of Commerce
 2456  Economic Opportunity which requires the applicant to pledge half
 2457  of the amount necessary to guarantee the loan in the event of
 2458  default.
 2459         Section 84. Paragraph (a) of subsection (2) and subsection
 2460  (4) of section 290.0491, Florida Statutes, are amended to read:
 2461         290.0491 Florida Empowerment Zones.—
 2462         (2) DEFINITIONS.—As used in this section, the term:
 2463         (a) “Department” means the Department of Commerce Economic
 2464  Opportunity.
 2465         (4) EMPOWERMENT ZONE PROGRAM.—There is created an economic
 2466  development program to be known as the Florida Empowerment Zone
 2467  Program. The program shall exist for 10 years and, except as
 2468  otherwise provided by law, be operated by the Department of
 2469  Commerce Economic Opportunity in conjunction with the Federal
 2470  Empowerment Zone Program.
 2471         Section 85. Section 290.06561, Florida Statutes, is amended
 2472  to read:
 2473         290.06561 Designation of rural enterprise zone as catalyst
 2474  site.—Notwithstanding s. 290.0065(1), the Department of Commerce
 2475  Economic Opportunity, upon request of the host county, shall
 2476  designate as a rural enterprise zone any catalyst site as
 2477  defined in s. 288.0656(2)(b) that was approved before January 1,
 2478  2010, and that is not located in an existing rural enterprise
 2479  zone. The request from the host county must include the legal
 2480  description of the catalyst site and the name and contact
 2481  information for the county development authority responsible for
 2482  managing the catalyst site. The designation shall provide
 2483  businesses locating within the catalyst site the same
 2484  eligibility for economic incentives and other benefits of a
 2485  rural enterprise zone designated under s. 290.0065. The
 2486  reporting criteria for a catalyst site designated as a rural
 2487  enterprise zone under this section are the same as for other
 2488  rural enterprise zones. Host county development authorities may
 2489  enter into memoranda of agreement, as necessary, to coordinate
 2490  their efforts to implement this section.
 2491         Section 86. Subsection (2) of section 311.07, Florida
 2492  Statutes, is amended to read:
 2493         311.07 Florida seaport transportation and economic
 2494  development funding.—
 2495         (2) A minimum of $25 million per year shall be made
 2496  available from the State Transportation Trust Fund to fund the
 2497  Florida Seaport Transportation and Economic Development Program.
 2498  The Florida Seaport Transportation and Economic Development
 2499  Council created in s. 311.09 shall develop guidelines for
 2500  project funding. Council staff, the Department of
 2501  Transportation, and the Department of Commerce Economic
 2502  Opportunity shall work in cooperation to review projects and
 2503  allocate funds in accordance with the schedule required for the
 2504  Department of Transportation to include these projects in the
 2505  tentative work program developed pursuant to s. 339.135(4).
 2506         Section 87. Subsections (1), (3), (5), (7), (8), and (10)
 2507  of section 311.09, Florida Statutes, are amended to read:
 2508         311.09 Florida Seaport Transportation and Economic
 2509  Development Council.—
 2510         (1) The Florida Seaport Transportation and Economic
 2511  Development Council is created within the Department of
 2512  Transportation. The council consists of the following 18
 2513  members: the port director, or the port director’s designee, of
 2514  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
 2515  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
 2516  St. Petersburg, Putnam County, Tampa, Port St. Joe, Panama City,
 2517  Pensacola, Key West, and Fernandina; the secretary of the
 2518  Department of Transportation or his or her designee; and the
 2519  secretary of the Department of Commerce Economic Opportunity or
 2520  his or her designee.
 2521         (3) The council shall prepare a 5-year Florida Seaport
 2522  Mission Plan defining the goals and objectives of the council
 2523  concerning the development of port facilities and an intermodal
 2524  transportation system consistent with the goals of the Florida
 2525  Transportation Plan developed pursuant to s. 339.155. The
 2526  Florida Seaport Mission Plan shall include specific
 2527  recommendations for the construction of transportation
 2528  facilities connecting any port to another transportation mode
 2529  and for the efficient, cost-effective development of
 2530  transportation facilities or port facilities for the purpose of
 2531  enhancing trade, promoting cargo flow, increasing cruise
 2532  passenger movements, increasing port revenues, and providing
 2533  economic benefits to the state. The council shall develop a
 2534  priority list of projects based on these recommendations
 2535  annually and submit the list to the Department of
 2536  Transportation. The council shall update the 5-year Florida
 2537  Seaport Mission Plan annually and shall submit the plan no later
 2538  than February 1 of each year to the President of the Senate, the
 2539  Speaker of the House of Representatives, the Department of
 2540  Commerce Economic Opportunity, and the Department of
 2541  Transportation. The council shall develop programs, based on an
 2542  examination of existing programs in Florida and other states,
 2543  for the training of minorities and secondary school students in
 2544  job skills associated with employment opportunities in the
 2545  maritime industry, and report on progress and recommendations
 2546  for further action to the President of the Senate and the
 2547  Speaker of the House of Representatives annually.
 2548         (5) The council shall review and approve or disapprove each
 2549  project eligible to be funded pursuant to the Florida Seaport
 2550  Transportation and Economic Development Program. The council
 2551  shall annually submit to the Secretary of Transportation and the
 2552  executive director of the Department of Commerce Economic
 2553  Opportunity, or his or her designee, a list of projects which
 2554  have been approved by the council. The list shall specify the
 2555  recommended funding level for each project; and, if staged
 2556  implementation of the project is appropriate, the funding
 2557  requirements for each stage shall be specified.
 2558         (7) The Department of Commerce Economic Opportunity shall
 2559  review the list of project applications approved by the council
 2560  to evaluate the economic benefit of the project and to determine
 2561  whether the project is consistent with the Florida Seaport
 2562  Mission Plan and with state economic development goals and
 2563  policies. The Department of Commerce Economic Opportunity shall
 2564  review the proposed project’s consistency with state, regional,
 2565  and local plans, as appropriate, and the economic benefits of
 2566  each project based upon the rules adopted pursuant to subsection
 2567  (4). The Department of Commerce Economic Opportunity shall
 2568  identify those projects that it has determined do not offer an
 2569  economic benefit to the state, are not consistent with an
 2570  appropriate plan, or are not consistent with the Florida Seaport
 2571  Mission Plan or state economic development goals and policies
 2572  and shall notify the council of its findings.
 2573         (8) The council shall review the findings of the Department
 2574  of Commerce Economic Opportunity and the Department of
 2575  Transportation. Projects found to be inconsistent pursuant to
 2576  subsection (6) or subsection (7) or projects that have been
 2577  determined not to offer an economic benefit to the state
 2578  pursuant to subsection (7) may not be included in the list of
 2579  projects to be funded.
 2580         (10) The council shall meet at the call of its chairperson,
 2581  at the request of a majority of its membership, or at such times
 2582  as may be prescribed in its bylaws. However, the council must
 2583  meet at least semiannually. A majority of voting members of the
 2584  council constitutes a quorum for the purpose of transacting the
 2585  business of the council. All members of the council are voting
 2586  members. A vote of the majority of the voting members present is
 2587  sufficient for any action of the council, except that a member
 2588  representing the Department of Transportation or the Department
 2589  of Commerce Economic Opportunity may vote to overrule any action
 2590  of the council approving a project pursuant to subsection (5).
 2591  The bylaws of the council may require a greater vote for a
 2592  particular action.
 2593         Section 88. Subsection (2) of section 311.10, Florida
 2594  Statutes, is amended to read:
 2595         311.10 Strategic Port Investment Initiative.—
 2596         (2) Prior to making final project allocations, the
 2597  Department of Transportation shall schedule a publicly noticed
 2598  workshop with the Department of Commerce Economic Opportunity
 2599  and the deepwater ports listed in s. 311.09 to review the
 2600  proposed projects. After considering the comments received, the
 2601  Department of Transportation shall finalize a prioritized list
 2602  of potential projects.
 2603         Section 89. Subsection (4) of section 311.101, Florida
 2604  Statutes, is amended to read:
 2605         311.101 Intermodal Logistics Center Infrastructure Support
 2606  Program.—
 2607         (4) The department shall coordinate and consult with the
 2608  Department of Commerce Economic Opportunity in the selection of
 2609  projects to be funded by this program.
 2610         Section 90. Paragraph (b) of subsection (1) of section
 2611  311.105, Florida Statutes, is amended to read:
 2612         311.105 Florida Seaport Environmental Management Committee;
 2613  permitting; mitigation.—
 2614         (1)
 2615         (b) The committee shall consist of the following members:
 2616  the Secretary of Environmental Protection, or his or her
 2617  designee, as an ex officio, nonvoting member; a designee from
 2618  the United States Army Corps of Engineers, as an ex officio,
 2619  nonvoting member; a designee from the Florida Inland Navigation
 2620  District, as an ex officio, nonvoting member; the Secretary of
 2621  Commerce Economic Opportunity, or his or her designee, as an ex
 2622  officio, nonvoting member; and five or more port directors, as
 2623  voting members, appointed to the committee by the council chair,
 2624  who shall also designate one such member as committee chair.
 2625         Section 91. Section 311.11, Florida Statutes, is amended to
 2626  read:
 2627         311.11 Seaport Employment Training Grant Program.—
 2628         (1) The Department of Commerce Economic Opportunity, in
 2629  cooperation with the Florida Seaport Transportation and Economic
 2630  Development Council, shall establish a Seaport Employment
 2631  Training Grant Program within the Department of Commerce
 2632  Economic Opportunity. The Department of Commerce Economic
 2633  Opportunity shall grant funds appropriated by the Legislature to
 2634  the program for the purpose of stimulating and supporting
 2635  seaport training and employment programs which will seek to
 2636  match state and local training programs with identified job
 2637  skills associated with employment opportunities in the port,
 2638  maritime, and transportation industries, and for the purpose of
 2639  providing such other training, educational, and information
 2640  services as required to stimulate jobs in the described
 2641  industries. Funds may be used for the purchase of equipment to
 2642  be used for training purposes, hiring instructors, and any other
 2643  purpose associated with the training program. The contribution
 2644  of the Department of Commerce Economic Opportunity to any
 2645  specific training program may not exceed 50 percent of the total
 2646  cost of the program. Matching contributions may include services
 2647  in kind, including, but not limited to, training instructors,
 2648  equipment usage, and training facilities.
 2649         (2) The Department of Commerce Economic Opportunity shall
 2650  adopt criteria to implement this section.
 2651         Section 92. Subsection (2) of section 311.22, Florida
 2652  Statutes, is amended to read:
 2653         311.22 Additional authorization for funding certain
 2654  dredging projects.—
 2655         (2) The council shall adopt rules for evaluating the
 2656  projects that may be funded pursuant to this section. The rules
 2657  must provide criteria for evaluating the economic benefit of the
 2658  project. The rules must include the creation of an
 2659  administrative review process by the council which is similar to
 2660  the process described in s. 311.09(5)-(11), and provide for a
 2661  review by the Department of Transportation and the Department of
 2662  Commerce Economic Opportunity of all projects submitted for
 2663  funding under this section.
 2664         Section 93. Paragraph (b) of subsection (58) of section
 2665  320.08058, Florida Statutes, is amended to read:
 2666         320.08058 Specialty license plates.—
 2667         (58) PROTECT FLORIDA SPRINGS LICENSE PLATES.—
 2668         (b) The annual use fees shall be distributed to the
 2669  Wildlife Foundation of Florida, Inc., a citizen support
 2670  organization created pursuant to s. 379.223, which shall
 2671  administer the fees as follows:
 2672         1. Wildlife Foundation of Florida, Inc., shall retain the
 2673  first $60,000 of the annual use fees as direct reimbursement for
 2674  administrative costs, startup costs, and costs incurred in the
 2675  development and approval process.
 2676         2. Thereafter, a maximum of 10 percent of the fees may be
 2677  used for administrative costs directly associated with education
 2678  programs, conservation, springs research, and grant
 2679  administration of the foundation. A maximum of 15 percent of the
 2680  fees may be used for continuing promotion and marketing of the
 2681  license plate.
 2682         3. At least 55 percent of the fees shall be available for
 2683  competitive grants for targeted community-based springs research
 2684  not currently available for state funding. The remaining 20
 2685  percent shall be directed toward community outreach programs
 2686  aimed at implementing such research findings. The competitive
 2687  grants shall be administered and approved by the board of
 2688  directors of the Wildlife Foundation of Florida. The granting
 2689  advisory committee shall be composed of nine members, including
 2690  one representative from the Fish and Wildlife Conservation
 2691  Commission, one representative from the Department of
 2692  Environmental Protection, one representative from the Department
 2693  of Health, one representative from the Department of Commerce
 2694  Economic Opportunity, three citizen representatives, and two
 2695  representatives from nonprofit stakeholder groups.
 2696         4. The remaining funds shall be distributed with the
 2697  approval of and accountability to the board of directors of the
 2698  Wildlife Foundation of Florida, and shall be used to support
 2699  activities contributing to education, outreach, and springs
 2700  conservation.
 2701         Section 94. Paragraph (k) of subsection (4) of section
 2702  322.142, Florida Statutes, is amended to read:
 2703         322.142 Color photographic or digital imaged licenses.—
 2704         (4) The department may maintain a film negative or print
 2705  file. The department shall maintain a record of the digital
 2706  image and signature of the licensees, together with other data
 2707  required by the department for identification and retrieval.
 2708  Reproductions from the file or digital record are exempt from
 2709  the provisions of s. 119.07(1) and may be made and issued only:
 2710         (k) To the Department of Commerce Economic Opportunity
 2711  pursuant to an interagency agreement to facilitate the
 2712  validation of reemployment assistance claims and the
 2713  identification of fraudulent or false reemployment assistance
 2714  claims;
 2715         Section 95. Subsection (3) of section 327.803, Florida
 2716  Statutes, is amended to read:
 2717         327.803 Boating Advisory Council.—
 2718         (3) The purpose of the council is to make recommendations
 2719  to the Fish and Wildlife Conservation Commission and the
 2720  Department of Commerce Economic Opportunity regarding issues
 2721  affecting the boating community, including, but not limited to,
 2722  issues related to:
 2723         (a) Boating and diving safety education.
 2724         (b) Boating-related facilities, including marinas and boat
 2725  testing facilities.
 2726         (c) Boat usage.
 2727         (d) Boat access.
 2728         (e) Working waterfronts.
 2729         Section 96. Subsections (2), (3), (6), (13), and (15) of
 2730  section 331.3051, Florida Statutes, are amended to read:
 2731         331.3051 Duties of Space Florida.—Space Florida shall:
 2732         (2) Enter into agreement with the Department of Education,
 2733  the Department of Transportation, the Department of Commerce
 2734  Economic Opportunity, and CareerSource Florida, Inc., for the
 2735  purpose of implementing this act.
 2736         (3) In cooperation with the Department of Commerce Economic
 2737  Opportunity, develop a plan to retain, expand, attract, and
 2738  create aerospace industry entities, public or private, which
 2739  results in the creation of high-value-added businesses and jobs
 2740  in this state.
 2741         (6) Develop, in cooperation with the Department of Commerce
 2742  Economic Opportunity, a plan to provide financing assistance to
 2743  aerospace businesses. The plan may include the following
 2744  activities:
 2745         (a) Assembling, publishing, and disseminating information
 2746  concerning financing opportunities and techniques for aerospace
 2747  projects, programs, and activities; sources of public and
 2748  private aerospace financing assistance; and sources of
 2749  aerospace-related financing.
 2750         (b) Organizing, hosting, and participating in seminars and
 2751  other forums designed to disseminate information and technical
 2752  assistance regarding aerospace-related financing.
 2753         (c) Coordinating with programs and goals of the Department
 2754  of Defense, the National Aeronautics and Space Administration,
 2755  the Export-Import Bank of the United States, the International
 2756  Trade Administration of the United States Department of
 2757  Commerce, the Foreign Credit Insurance Association, and other
 2758  private and public programs and organizations, domestic and
 2759  foreign.
 2760         (d) Establishing a network of contacts among those domestic
 2761  and foreign public and private organizations that provide
 2762  information, technical assistance, and financial support to the
 2763  aerospace industry.
 2764         (e) Financing aerospace business development projects or
 2765  initiatives using funds provided by the Legislature.
 2766         (13) Partner with the Division of Workforce Services of the
 2767  Department of Commerce Economic Opportunity, CareerSource
 2768  Florida, Inc., and local workforce development boards to support
 2769  initiatives that address the high technology skills and staff
 2770  resources needed to better promote the state’s efforts in
 2771  becoming the nation’s leader in aerospace and space exploration.
 2772         (15) By October 1, 2023, and each year thereafter, submit
 2773  to the Department of Commerce Economic Opportunity for inclusion
 2774  in the annual report required under s. 20.60 a complete and
 2775  detailed written report setting forth:
 2776         (a) Its operations and accomplishments during the fiscal
 2777  year.
 2778         (b) Accomplishments and progress concerning the
 2779  implementation of the spaceport master plan and other measurable
 2780  goals, and any updates to such plan and measurable goals.
 2781         (c) Any other information required by the Department of
 2782  Commerce Economic Opportunity.
 2783         Section 97. Subsection (6) of section 331.3081, Florida
 2784  Statutes, is amended to read:
 2785         331.3081 Board of directors.—
 2786         (6) The board shall conduct education for newly appointed
 2787  board members as provided by the Department of Commerce Economic
 2788  Opportunity in accordance with s. 189.063.
 2789         Section 98. Paragraphs (b) and (c) of subsection (2) of
 2790  section 331.324, Florida Statutes, are amended to read:
 2791         331.324 Contracts, grants, and contributions.—
 2792         (2)
 2793         (b) A final assessment report shall be submitted to the
 2794  Space Florida board of directors and the Secretary of Commerce
 2795  Economic Opportunity or his or her designee. Within 30 days
 2796  after receipt of the final assessment report, the board shall
 2797  submit to the Department of Commerce Economic Opportunity a
 2798  written statement of explanation or rebuttal concerning findings
 2799  requiring corrective action, including corrective action to be
 2800  taken to preclude a recurrence.
 2801         (c) Beginning October 1, 2023, and every 3 years
 2802  thereafter, Space Florida shall complete a risk-based compliance
 2803  assessment of all internal contracts executed by Space Florida
 2804  for the preceding 3 fiscal years. The assessment must include
 2805  steps to reasonably ensure that contracted service
 2806  organizations’ controls relevant to services provided are
 2807  suitably designed and operating effectively. The assessment
 2808  findings must be submitted to the board of directors, the
 2809  Secretary of Commerce Economic Opportunity or his or her
 2810  designee, the Governor, the President of the Senate, and the
 2811  Speaker of the House of Representatives.
 2812         Section 99. Subsection (1) of section 332.115, Florida
 2813  Statutes, is amended to read:
 2814         332.115 Joint project agreement with port district for
 2815  transportation corridor between airport and port facility.—
 2816         (1) An eligible agency may acquire, construct, and operate
 2817  all equipment, appurtenances, and land necessary to establish,
 2818  maintain, and operate, or to license others to establish,
 2819  maintain, operate, or use, a transportation corridor connecting
 2820  an airport operated by such eligible agency with a port
 2821  facility, which corridor must be acquired, constructed, and used
 2822  for the transportation of persons between the airport and the
 2823  port facility, for the transportation of cargo, and for the
 2824  location and operation of lines for the transmission of water,
 2825  electricity, communications, information, petroleum products,
 2826  products of a public utility (including new technologies of a
 2827  public utility nature), and materials. However, any such
 2828  corridor may be established and operated only pursuant to a
 2829  joint project agreement between an eligible agency as defined in
 2830  s. 332.004 and a port district as defined in s. 315.02, and such
 2831  agreement must be approved by the Department of Transportation
 2832  and the Department of Commerce Economic Opportunity. Before the
 2833  Department of Transportation approves the joint project
 2834  agreement, that department must review the public purpose and
 2835  necessity for the corridor pursuant to s. 337.273(5) and must
 2836  also determine that the proposed corridor is consistent with the
 2837  Florida Transportation Plan. Before the Department of Commerce
 2838  Economic Opportunity approves the joint project agreement, that
 2839  department must determine that the proposed corridor is
 2840  consistent with the applicable local government comprehensive
 2841  plans. An affected local government may provide its comments
 2842  regarding the consistency of the proposed corridor with its
 2843  comprehensive plan to the Department of Commerce Economic
 2844  Opportunity.
 2845         Section 100. Subsection (3) of section 334.065, Florida
 2846  Statutes, is amended to read:
 2847         334.065 Center for Urban Transportation Research.—
 2848         (3) An advisory board shall be created to periodically and
 2849  objectively review and advise the center concerning its research
 2850  program. Except for projects mandated by law, state-funded base
 2851  projects shall not be undertaken without approval of the
 2852  advisory board. The membership of the board shall consist of
 2853  nine experts in transportation-related areas, including the
 2854  secretaries of the Department of Transportation, the Department
 2855  of Environmental Protection, and the Department of Commerce
 2856  Economic Opportunity, or their designees, and a member of the
 2857  Florida Transportation Commission. The nomination of the
 2858  remaining members of the board shall be made to the President of
 2859  the University of South Florida by the College of Engineering at
 2860  the University of South Florida, and the appointment of these
 2861  members must be reviewed and approved by the Florida
 2862  Transportation Commission and confirmed by the Board of
 2863  Governors.
 2864         Section 101. Paragraph (d) of subsection (3) of section
 2865  334.066, Florida Statutes, is amended to read:
 2866         334.066 Implementing Solutions from Transportation Research
 2867  and Evaluating Emerging Technologies Living Lab.—
 2868         (3) An advisory board shall be created to periodically
 2869  review and advise I-STREET concerning its research program. The
 2870  board shall consist of nine members with expertise in
 2871  transportation-related areas, as follows:
 2872         (d) The Secretary of Commerce Economic Opportunity or his
 2873  or her designee.
 2874         Section 102. Paragraph (f) of subsection (4) of section
 2875  339.135, Florida Statutes, is amended to read:
 2876         339.135 Work program; legislative budget request;
 2877  definitions; preparation, adoption, execution, and amendment.—
 2878         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
 2879         (f) The central office shall submit a preliminary copy of
 2880  the tentative work program to the Executive Office of the
 2881  Governor, the legislative appropriations committees, the Florida
 2882  Transportation Commission, and the Department of Commerce
 2883  Economic Opportunity at least 14 days prior to the convening of
 2884  the regular legislative session. Prior to the statewide public
 2885  hearing required by paragraph (g), the Department of Commerce
 2886  Economic Opportunity shall transmit to the Florida
 2887  Transportation Commission a list of those projects and project
 2888  phases contained in the tentative work program which are
 2889  identified as being inconsistent with approved local government
 2890  comprehensive plans. For urbanized areas of metropolitan
 2891  planning organizations, the list may not contain any project or
 2892  project phase that is scheduled in a transportation improvement
 2893  program unless such inconsistency has been previously reported
 2894  to the affected metropolitan planning organization.
 2895         Section 103. Paragraphs (f) and (g) of subsection (8) of
 2896  section 339.175, Florida Statutes, are amended to read:
 2897         339.175 Metropolitan planning organization.—
 2898         (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
 2899  in cooperation with the state and affected public transportation
 2900  operators, develop a transportation improvement program for the
 2901  area within the jurisdiction of the M.P.O. In the development of
 2902  the transportation improvement program, each M.P.O. must provide
 2903  the public, affected public agencies, representatives of
 2904  transportation agency employees, freight shippers, providers of
 2905  freight transportation services, private providers of
 2906  transportation, representatives of users of public transit, and
 2907  other interested parties with a reasonable opportunity to
 2908  comment on the proposed transportation improvement program.
 2909         (f) The adopted annual transportation improvement program
 2910  for M.P.O.’s in nonattainment or maintenance areas must be
 2911  submitted to the district secretary and the Department of
 2912  Commerce Economic Opportunity at least 90 days before the
 2913  submission of the state transportation improvement program by
 2914  the department to the appropriate federal agencies. The annual
 2915  transportation improvement program for M.P.O.’s in attainment
 2916  areas must be submitted to the district secretary and the
 2917  Department of Commerce Economic Opportunity at least 45 days
 2918  before the department submits the state transportation
 2919  improvement program to the appropriate federal agencies;
 2920  however, the department, the Department of Commerce Economic
 2921  Opportunity, and a metropolitan planning organization may, in
 2922  writing, agree to vary this submittal date. The Governor or the
 2923  Governor’s designee shall review and approve each transportation
 2924  improvement program and any amendments thereto.
 2925         (g) The Department of Commerce Economic Opportunity shall
 2926  review the annual transportation improvement program of each
 2927  M.P.O. for consistency with the approved local government
 2928  comprehensive plans of the units of local government whose
 2929  boundaries are within the metropolitan area of each M.P.O. and
 2930  shall identify those projects that are inconsistent with such
 2931  comprehensive plans. The Department of Commerce Economic
 2932  Opportunity shall notify an M.P.O. of any transportation
 2933  projects contained in its transportation improvement program
 2934  which are inconsistent with the approved local government
 2935  comprehensive plans of the units of local government whose
 2936  boundaries are within the metropolitan area of the M.P.O.
 2937         Section 104. Paragraph (b) of subsection (1) and
 2938  subsections (2) and (6) of section 339.2821, Florida Statutes,
 2939  are amended to read:
 2940         339.2821 Economic development transportation projects.—
 2941         (1)
 2942         (b) As used in this section, the term:
 2943         1. “Governmental body” means an instrumentality of the
 2944  state or a county, municipality, district, authority, board, or
 2945  commission, or an agency thereof, within which jurisdiction the
 2946  transportation project is located and which is responsible to
 2947  the department for the transportation project.
 2948         2. “Transportation project” means a transportation
 2949  facility, as defined in s. 334.03, which the department, in
 2950  consultation with the Department of Commerce Economic
 2951  Opportunity, deems necessary to facilitate the economic
 2952  development and growth of the state.
 2953         (2) The department, in consultation with the Department of
 2954  Commerce Economic Opportunity, shall review each transportation
 2955  project for approval and funding. In the review, the department
 2956  must consider:
 2957         (a) The cost per job created or retained considering the
 2958  amount of transportation funds requested;
 2959         (b) The average hourly rate of wages for jobs created;
 2960         (c) The reliance on any program as an inducement for
 2961  determining the transportation project’s location;
 2962         (d) The amount of capital investment to be made by a
 2963  business;
 2964         (e) The demonstrated local commitment;
 2965         (f) The location of the transportation project in an
 2966  enterprise zone as designated in s. 290.0055;
 2967         (g) The location of the transportation project in a
 2968  spaceport territory as defined in s. 331.304;
 2969         (h) The unemployment rate of the surrounding area; and
 2970         (i) The poverty rate of the community.
 2971  
 2972  The department may contact any agency it deems appropriate for
 2973  additional information regarding the approval of a
 2974  transportation project. A transportation project must be
 2975  approved by the department to be eligible for funding.
 2976         (6) Each governmental body receiving funds under this
 2977  section shall submit to the department a financial audit of the
 2978  governmental body conducted by an independent certified public
 2979  accountant. The department, in consultation with the Department
 2980  of Commerce Economic Opportunity, shall develop procedures to
 2981  ensure that audits are received and reviewed in a timely manner
 2982  and that deficiencies or questioned costs noted in the audit are
 2983  resolved.
 2984         Section 105. Subsection (1) of section 342.201, Florida
 2985  Statutes, is amended to read:
 2986         342.201 Waterfronts Florida Program.—
 2987         (1) There is established within the Department of Commerce
 2988  Economic Opportunity the Waterfronts Florida Program to provide
 2989  technical assistance and support to communities in revitalizing
 2990  waterfront areas in this state.
 2991         Section 106. Subsection (3) of section 369.303, Florida
 2992  Statutes, is amended to read:
 2993         369.303 Definitions.—As used in this part:
 2994         (3) “Department” means the Department of Commerce Economic
 2995  Opportunity.
 2996         Section 107. Subsection (1) of section 369.318, Florida
 2997  Statutes, is amended to read:
 2998         369.318 Studies.—
 2999         (1) The Department of Environmental Protection shall study
 3000  the efficacy and applicability of water quality and wastewater
 3001  treatment standards needed to achieve nitrogen reductions
 3002  protective of surface and groundwater quality within the Wekiva
 3003  Study Area and report to the Governor and the Department of
 3004  Commerce Economic Opportunity. The Department of Environmental
 3005  Protection may adopt rules to implement the specific
 3006  recommendations set forth in sections C.2. and C.4. of its
 3007  report entitled “A Strategy for Water Quality Protection:
 3008  Wastewater Treatment in the Wekiva Study Area,” dated December
 3009  2004, in order to achieve nitrogen reductions protective of
 3010  surface and groundwater quality in the Wekiva Study Area and
 3011  implement Recommendation 8 of the Wekiva River Basin
 3012  Coordinating Committee’s final report dated March 16, 2004. The
 3013  rules shall provide an opportunity for relief from such specific
 3014  recommendations upon affirmative demonstration by the permittee
 3015  or permit applicant, based on water quality data, physical
 3016  circumstances, or other credible information, that the discharge
 3017  of treated wastewater is protective of surface water and
 3018  groundwater quality with respect to nitrate nitrogen as set
 3019  forth in section C.1. of the referenced December 2004 report.
 3020         Section 108. Subsections (5) and (7) of section 369.321,
 3021  Florida Statutes, are amended to read:
 3022         369.321 Comprehensive plan amendments.—Except as otherwise
 3023  expressly provided, by January 1, 2006, each local government
 3024  within the Wekiva Study Area shall amend its local government
 3025  comprehensive plan to include the following:
 3026         (5) Comprehensive plans and comprehensive plan amendments
 3027  adopted by the local governments to implement this section shall
 3028  be reviewed by the Department of Commerce Economic Opportunity
 3029  pursuant to s. 163.3184.
 3030         (7) During the period prior to the adoption of the
 3031  comprehensive plan amendments required by this act, any local
 3032  comprehensive plan amendment adopted by a city or county that
 3033  applies to land located within the Wekiva Study Area shall
 3034  protect surface and groundwater resources and be reviewed by the
 3035  Department of Commerce Economic Opportunity using best available
 3036  data, including the information presented to the Wekiva River
 3037  Basin Coordinating Committee.
 3038         Section 109. Subsections (1) and (3) of section 369.322,
 3039  Florida Statutes, are amended to read:
 3040         369.322 Coordination of land use and water supply within
 3041  the Wekiva Study Area.—
 3042         (1) In their review of local government comprehensive plan
 3043  amendments for property located within the Wekiva Study Area
 3044  pursuant to s. 163.3184, the Department of Commerce Economic
 3045  Opportunity and the St. Johns River Water Management District
 3046  shall assure that amendments that increase development potential
 3047  demonstrate that adequate potable water consumptive use permit
 3048  capacity is available.
 3049         (3) In recognition of the need to balance resource
 3050  protection, existing infrastructure and improvements planned or
 3051  committed as part of approved development, consistent with
 3052  existing municipal or county comprehensive plans and economic
 3053  development opportunities, planned community development
 3054  initiatives that assure protection of surface and groundwater
 3055  resources while promoting compact, ecologically and economically
 3056  sustainable growth should be encouraged. Small area studies,
 3057  sector plans, or similar planning tools should support these
 3058  community development initiatives. In addition, the Department
 3059  of Commerce Economic Opportunity may make available best
 3060  practice guides that demonstrate how to balance resource
 3061  protection and economic development opportunities.
 3062         Section 110. Section 369.323, Florida Statutes, is amended
 3063  to read:
 3064         369.323 Compliance.—Comprehensive plans and plan amendments
 3065  adopted by the local governments within the Wekiva Study Area to
 3066  implement this act shall be reviewed for compliance by the
 3067  Department of Commerce Economic Opportunity.
 3068         Section 111. Subsections (1) and (5) of section 369.324,
 3069  Florida Statutes, are amended to read:
 3070         369.324 Wekiva River Basin Commission.—
 3071         (1) The Wekiva River Basin Commission is created to monitor
 3072  and ensure the implementation of the recommendations of the
 3073  Wekiva River Basin Coordinating Committee for the Wekiva Study
 3074  Area. The East Central Florida Regional Planning Council shall
 3075  provide staff support to the commission with funding assistance
 3076  from the Department of Commerce Economic Opportunity. The
 3077  commission shall be comprised of a total of 18 members appointed
 3078  by the Governor, 9 of whom shall be voting members and 9 shall
 3079  be ad hoc nonvoting members. The voting members shall include:
 3080         (a) One member of each of the Boards of County
 3081  Commissioners for Lake, Orange, and Seminole Counties.
 3082         (b) One municipal elected official to serve as a
 3083  representative of the municipalities located within the Wekiva
 3084  Study Area of Lake County.
 3085         (c) One municipal elected official to serve as a
 3086  representative of the municipalities located within the Wekiva
 3087  Study Area of Orange County.
 3088         (d) One municipal elected official to serve as a
 3089  representative of the municipalities located within the Wekiva
 3090  Study Area of Seminole County.
 3091         (e) One citizen representing an environmental or
 3092  conservation organization, one citizen representing a local
 3093  property owner, a land developer, or an agricultural entity, and
 3094  one at-large citizen who shall serve as chair of the council.
 3095         (f) The ad hoc nonvoting members shall include one
 3096  representative from each of the following entities:
 3097         1. St. Johns River Management District.
 3098         2. Department of Commerce Economic Opportunity.
 3099         3. Department of Environmental Protection.
 3100         4. Department of Health.
 3101         5. Department of Agriculture and Consumer Services.
 3102         6. Fish and Wildlife Conservation Commission.
 3103         7. Department of Transportation.
 3104         8. MetroPlan Orlando.
 3105         9. Central Florida Expressway Authority.
 3106         (5) The commission shall report annually, no later than
 3107  December 31 of each year, to the Governor, the President of the
 3108  Senate, the Speaker of the House of Representatives, and the
 3109  Department of Commerce Economic Opportunity on implementation
 3110  progress.
 3111         Section 112. Paragraph (b) of subsection (3) of section
 3112  373.199, Florida Statutes, is amended to read:
 3113         373.199 Florida Forever Water Management District Work
 3114  Plan.—
 3115         (3) In developing the list, each water management district
 3116  shall:
 3117         (b) Work cooperatively with the applicable ecosystem
 3118  management area teams and other citizen advisory groups, the
 3119  Department of Environmental Protection and its district offices,
 3120  the Department of Agriculture and Consumer Services, the Fish
 3121  and Wildlife Conservation Commission, the Department of Commerce
 3122  Economic Opportunity, the Department of Transportation, other
 3123  state agencies, and federal agencies, where applicable.
 3124         Section 113. Subsection (5) of section 373.4149, Florida
 3125  Statutes, is amended to read:
 3126         373.4149 Miami-Dade County Lake Belt Plan.—
 3127         (5) The secretary of the Department of Environmental
 3128  Protection, the secretary of the Department of Commerce Economic
 3129  Opportunity, the secretary of the Department of Transportation,
 3130  the Commissioner of Agriculture, the executive director of the
 3131  Fish and Wildlife Conservation Commission, and the executive
 3132  director of the South Florida Water Management District may
 3133  enter into agreements with landowners, developers, businesses,
 3134  industries, individuals, and governmental agencies as necessary
 3135  to effectuate the Miami-Dade County Lake Belt Plan and the
 3136  provisions of this section.
 3137         Section 114. Paragraph (a) of subsection (1) of section
 3138  373.453, Florida Statutes, is amended to read:
 3139         373.453 Surface water improvement and management plans and
 3140  programs.—
 3141         (1)(a) Each water management district, in cooperation with
 3142  the department, the Department of Agriculture and Consumer
 3143  Services, the Department of Commerce Economic Opportunity, the
 3144  Fish and Wildlife Conservation Commission, local governments,
 3145  and others, shall maintain a list that prioritizes water bodies
 3146  of regional or statewide significance within the water
 3147  management district. The list shall be reviewed and updated
 3148  every 5 years.
 3149         Section 115. Paragraph (f) of subsection (5) of section
 3150  373.461, Florida Statutes, is amended to read:
 3151         373.461 Lake Apopka improvement and management.—
 3152         (5) PURCHASE OF AGRICULTURAL LANDS.—
 3153         (f)1. Tangible personal property acquired by the district
 3154  as part of related facilities pursuant to this section, and
 3155  classified as surplus by the district, shall be sold by the
 3156  Department of Management Services. The Department of Management
 3157  Services shall deposit the proceeds of such sale in the Economic
 3158  Development Trust Fund in the Department of Commerce Economic
 3159  Opportunity. The proceeds shall be used for the purpose of
 3160  providing economic and infrastructure development in portions of
 3161  northwestern Orange County and east central Lake County which
 3162  will be adversely affected economically due to the acquisition
 3163  of lands pursuant to this subsection.
 3164         2. The Department of Commerce Economic Opportunity shall,
 3165  upon presentation of the appropriate documentation justifying
 3166  expenditure of the funds deposited pursuant to this paragraph,
 3167  pay any obligation for which it has sufficient funds from the
 3168  proceeds of the sale of tangible personal property and which
 3169  meets the limitations specified in paragraph (g). The authority
 3170  of the Department of Commerce Economic Opportunity to expend
 3171  such funds shall expire 5 years from the effective date of this
 3172  paragraph. Such expenditures may occur without future
 3173  appropriation from the Legislature.
 3174         3. Funds deposited under this paragraph may not be used for
 3175  any purpose other than those enumerated in paragraph (g).
 3176         Section 116. Subsection (1) of section 375.021, Florida
 3177  Statutes, is amended to read:
 3178         375.021 Comprehensive multipurpose outdoor recreation
 3179  plan.—
 3180         (1) The department is given the responsibility, authority,
 3181  and power to develop and execute a comprehensive multipurpose
 3182  outdoor recreation plan for this state with the cooperation of
 3183  the Department of Agriculture and Consumer Services, the
 3184  Department of Transportation, the Fish and Wildlife Conservation
 3185  Commission, the Department of Commerce Economic Opportunity, and
 3186  the water management districts.
 3187         Section 117. Subsection (1), paragraph (c) of subsection
 3188  (2), subsection (3), and paragraphs (c) and (d) of subsection
 3189  (4) of section 377.809, Florida Statutes, are amended to read:
 3190         377.809 Energy Economic Zone Pilot Program.—
 3191         (1) The Department of Commerce Economic Opportunity, in
 3192  consultation with the Department of Transportation, shall
 3193  implement an Energy Economic Zone Pilot Program for the purpose
 3194  of developing a model to help communities cultivate green
 3195  economic development, encourage renewable electric energy
 3196  generation, manufacture products that contribute to energy
 3197  conservation and green jobs, and further implement chapter 2008
 3198  191, Laws of Florida, relative to discouraging sprawl and
 3199  developing energy-efficient land use patterns and greenhouse gas
 3200  reduction strategies. The Department of Agriculture and Consumer
 3201  Services shall provide technical assistance to the departments
 3202  in developing and administering the program.
 3203         (2)
 3204         (c) The Department of Commerce Economic Opportunity shall
 3205  grant at least one application if the application meets the
 3206  requirements of this subsection and the community has
 3207  demonstrated a prior commitment to energy conservation, carbon
 3208  reduction, green building, and economic development. The
 3209  Department of Commerce Economic Opportunity shall provide the
 3210  pilot community, including businesses within the energy economic
 3211  zone, with technical assistance in identifying and qualifying
 3212  for eligible grants and credits in job creation, energy, and
 3213  other areas.
 3214         (3) The Department of Commerce Economic Opportunity shall
 3215  submit a report to the Governor, the President of the Senate,
 3216  and the Speaker of the House of Representatives by February 15,
 3217  2015, evaluating whether the pilot program has demonstrated
 3218  success. The report shall contain recommendations with regard to
 3219  whether the program should be expanded for use by other local
 3220  governments and whether state policies should be revised to
 3221  encourage the goals of the program.
 3222         (4)
 3223         (c) Upon approving an incentive for an eligible business,
 3224  the governing body that has jurisdiction over the energy
 3225  economic zone shall provide the taxpayer with a certificate
 3226  indicating the name and federal identification number of the
 3227  eligible business, the date the incentive is provided, the name
 3228  of the energy economic zone, the incentive type, and the
 3229  incentive amount. The local governing body shall certify to the
 3230  Department of Revenue or the Department of Commerce Economic
 3231  Opportunity, whichever is applicable, which businesses or
 3232  properties are eligible to receive any or all of the state
 3233  incentives according to their statutory requirements. The
 3234  governing body that has jurisdiction over the energy economic
 3235  zone shall provide a copy of the certificate to the Department
 3236  of Revenue and the Department of Commerce Economic Opportunity
 3237  as notification that such incentives were approved for the
 3238  specific eligible business or property. For incentives to be
 3239  claimed against the sales and use tax under chapter 212, the
 3240  Department of Revenue shall send, within 14 days after receipt,
 3241  written instructions to an eligible business on how to claim the
 3242  credit on a sales and use tax return initiated through an
 3243  electronic data interchange. Any credit against the sales and
 3244  use tax shall be deducted from any sales and use tax remitted by
 3245  the dealer to the Department of Revenue by electronic funds
 3246  transfer and may be deducted only on a sales and use tax return
 3247  initiated through an electronic data interchange. The dealer
 3248  shall separately state the credit on the electronic return. The
 3249  net amount of tax due and payable must be remitted by electronic
 3250  funds transfer. If the credit exceeds the amount owed on the
 3251  sales and use tax return, such excess amount may be carried
 3252  forward for a period not to exceed 12 months after the date that
 3253  the credit is initially claimed.
 3254         (d) If all conditions are deemed met, the Department of
 3255  Commerce Economic Opportunity and the Department of Revenue may
 3256  adopt emergency rules pursuant to ss. 120.536(1) and 120.54 to
 3257  administer this subsection. The emergency rules shall remain in
 3258  effect for 6 months after the rules are adopted, and the rules
 3259  may be renewed while the procedures to adopt permanent rules
 3260  addressing the subject of the emergency rules are pending.
 3261         Section 118. Subsection (3) of section 378.411, Florida
 3262  Statutes, is amended to read:
 3263         378.411 Certification to receive notices of intent to mine,
 3264  to review, and to inspect for compliance.—
 3265         (3) In making his or her determination, the secretary shall
 3266  consult with the Department of Commerce Economic Opportunity,
 3267  the appropriate regional planning council, and the appropriate
 3268  water management district.
 3269         Section 119. Paragraph (c) of subsection (4) of section
 3270  379.2291, Florida Statutes, is amended to read:
 3271         379.2291 Endangered and Threatened Species Act.—
 3272         (4) INTERAGENCY COORDINATION.—
 3273         (c) The commission, in consultation with the Department of
 3274  Agriculture and Consumer Services, the Department of Commerce
 3275  Economic Opportunity, or the Department of Transportation, may
 3276  establish reduced speed zones along roads, streets, and highways
 3277  to protect endangered species or threatened species.
 3278         Section 120. Subsection (18) of section 380.031, Florida
 3279  Statutes, is amended to read:
 3280         380.031 Definitions.—As used in this chapter:
 3281         (18) “State land planning agency” means the Department of
 3282  Commerce Economic Opportunity and may be referred to in this
 3283  part as the “department.”
 3284         Section 121. Paragraph (d) of subsection (3) of section
 3285  380.093, Florida Statutes, is amended to read:
 3286         380.093 Resilient Florida Grant Program; comprehensive
 3287  statewide flood vulnerability and sea level rise data set and
 3288  assessment; Statewide Flooding and Sea Level Rise Resilience
 3289  Plan; regional resilience entities.—
 3290         (3) RESILIENT FLORIDA GRANT PROGRAM.—
 3291         (d) A vulnerability assessment conducted pursuant to
 3292  paragraph (b) must include all of the following:
 3293         1. Peril of flood comprehensive plan amendments that
 3294  address the requirements of s. 163.3178(2)(f), if the county or
 3295  municipality is subject to such requirements and has not
 3296  complied with such requirements as determined by the Department
 3297  of Commerce Economic Opportunity.
 3298         2. If applicable, the depth of:
 3299         a. Tidal flooding, including future high tide flooding,
 3300  which must use thresholds published and provided by the
 3301  department. To the extent practicable, the analysis should also
 3302  geographically display the number of tidal flood days expected
 3303  for each scenario and planning horizon.
 3304         b. Current and future storm surge flooding using publicly
 3305  available National Oceanic and Atmospheric Administration or
 3306  Federal Emergency Management Agency storm surge data. The
 3307  initial storm surge event used must equal or exceed the current
 3308  100-year flood event. Higher frequency storm events may be
 3309  analyzed to understand the exposure of a critical asset.
 3310         c. To the extent practicable, rainfall-induced flooding
 3311  using spatiotemporal analysis or existing hydrologic and
 3312  hydraulic modeling results. Future boundary conditions should be
 3313  modified to consider sea level rise and high tide conditions.
 3314  Vulnerability assessments for rainfall-induced flooding must
 3315  include the depth of rainfall-induced flooding for a 100-year
 3316  storm and a 500-year storm, as defined by the applicable water
 3317  management district or, if necessary, the appropriate federal
 3318  agency. Future rainfall conditions should be used, if available.
 3319  Noncoastal communities must perform a rainfall-induced flooding
 3320  assessment.
 3321         d. To the extent practicable, compound flooding or the
 3322  combination of tidal, storm surge, and rainfall-induced
 3323  flooding.
 3324         3. The following scenarios and standards:
 3325         a. All analyses in the North American Vertical Datum of
 3326  1988.
 3327         b. At least two local sea level rise scenarios, which must
 3328  include the 2017 National Oceanic and Atmospheric Administration
 3329  intermediate-low and intermediate-high sea level rise
 3330  projections.
 3331         c. At least two planning horizons that include planning
 3332  horizons for the years 2040 and 2070.
 3333         d. Local sea level data that has been interpolated between
 3334  the two closest National Oceanic and Atmospheric Administration
 3335  tide gauges. Local sea level data may be taken from one such
 3336  gauge if the gauge has a higher mean sea level. Data taken from
 3337  an alternate tide gauge may be used with appropriate rationale
 3338  and department approval, as long as it is publicly available or
 3339  submitted to the department pursuant to paragraph (b).
 3340         Section 122. Subsection (6) of section 381.0086, Florida
 3341  Statutes, is amended to read:
 3342         381.0086 Rules; variances; penalties.—
 3343         (6) For the purposes of filing an interstate clearance
 3344  order with the Department of Commerce Economic Opportunity, if
 3345  the housing is covered by 20 C.F.R. part 654, subpart E, no
 3346  permanent structural variance referred to in subsection (2) is
 3347  allowed.
 3348         Section 123. Subsection (6) of section 397.754, Florida
 3349  Statutes, is amended to read:
 3350         397.754 Duties and responsibilities of the Department of
 3351  Corrections.—The Department of Corrections shall:
 3352         (6) In cooperation with other agencies, actively seek to
 3353  enhance resources for the provision of treatment services for
 3354  inmates and to develop partnerships with other state agencies,
 3355  including but not limited to the Departments of Children and
 3356  Families, Education, Commerce Economic Opportunity, and Law
 3357  Enforcement.
 3358         Section 124. Subsection (5) of section 403.0752, Florida
 3359  Statutes, is amended to read:
 3360         403.0752 Ecosystem management agreements.—
 3361         (5) The Secretary of Commerce Economic Opportunity, the
 3362  Secretary of Transportation, the Commissioner of Agriculture,
 3363  the Executive Director of the Fish and Wildlife Conservation
 3364  Commission, and the executive directors of the water management
 3365  districts are authorized to participate in the development of
 3366  ecosystem management agreements with regulated entities and
 3367  other governmental agencies as necessary to effectuate the
 3368  provisions of this section. Local governments are encouraged to
 3369  participate in ecosystem management agreements.
 3370         Section 125. Subsection (6) of section 403.0891, Florida
 3371  Statutes, is amended to read:
 3372         403.0891 State, regional, and local stormwater management
 3373  plans and programs.—The department, the water management
 3374  districts, and local governments shall have the responsibility
 3375  for the development of mutually compatible stormwater management
 3376  programs.
 3377         (6) The department and the Department of Commerce Economic
 3378  Opportunity, in cooperation with local governments in the
 3379  coastal zone, shall develop a model stormwater management
 3380  program that could be adopted by local governments. The model
 3381  program must contain model ordinances that target nutrient
 3382  reduction practices and use green infrastructure. The model
 3383  program shall contain dedicated funding options, including a
 3384  stormwater utility fee system based upon an equitable unit cost
 3385  approach. Funding options shall be designed to generate capital
 3386  to retrofit existing stormwater management systems, build new
 3387  treatment systems, operate facilities, and maintain and service
 3388  debt.
 3389         Section 126. Paragraph (a) of subsection (2) of section
 3390  403.507, Florida Statutes, is amended to read:
 3391         403.507 Preliminary statements of issues, reports, project
 3392  analyses, and studies.—
 3393         (2)(a) No later than 100 days after the certification
 3394  application has been determined complete, the following agencies
 3395  shall prepare reports as provided below and shall submit them to
 3396  the department and the applicant, unless a final order denying
 3397  the determination of need has been issued under s. 403.519:
 3398         1. The Department of Commerce Economic Opportunity shall
 3399  prepare a report containing recommendations which address the
 3400  impact upon the public of the proposed electrical power plant,
 3401  based on the degree to which the electrical power plant is
 3402  consistent with the applicable portions of the state
 3403  comprehensive plan, emergency management, and other such matters
 3404  within its jurisdiction. The Department of Commerce Economic
 3405  Opportunity may also comment on the consistency of the proposed
 3406  electrical power plant with applicable strategic regional policy
 3407  plans or local comprehensive plans and land development
 3408  regulations.
 3409         2. The water management district shall prepare a report as
 3410  to matters within its jurisdiction, including but not limited
 3411  to, the impact of the proposed electrical power plant on water
 3412  resources, regional water supply planning, and district-owned
 3413  lands and works.
 3414         3. Each local government in whose jurisdiction the proposed
 3415  electrical power plant is to be located shall prepare a report
 3416  as to the consistency of the proposed electrical power plant
 3417  with all applicable local ordinances, regulations, standards, or
 3418  criteria that apply to the proposed electrical power plant,
 3419  including any applicable local environmental regulations adopted
 3420  pursuant to s. 403.182 or by other means.
 3421         4. The Fish and Wildlife Conservation Commission shall
 3422  prepare a report as to matters within its jurisdiction.
 3423         5. The Department of Transportation shall address the
 3424  impact of the proposed electrical power plant on matters within
 3425  its jurisdiction.
 3426         Section 127. Paragraph (a) of subsection (3) of section
 3427  403.508, Florida Statutes, is amended to read:
 3428         403.508 Land use and certification hearings, parties,
 3429  participants.—
 3430         (3)(a) Parties to the proceeding shall include:
 3431         1. The applicant.
 3432         2. The Public Service Commission.
 3433         3. The Department of Commerce Economic Opportunity.
 3434         4. The Fish and Wildlife Conservation Commission.
 3435         5. The water management district.
 3436         6. The department.
 3437         7. The local government.
 3438         8. The Department of Transportation.
 3439         Section 128. Paragraph (b) of subsection (2) of section
 3440  403.524, Florida Statutes, is amended to read:
 3441         403.524 Applicability; certification; exemptions.—
 3442         (2) Except as provided in subsection (1), construction of a
 3443  transmission line may not be undertaken without first obtaining
 3444  certification under this act, but this act does not apply to:
 3445         (b) Transmission lines that have been exempted by a binding
 3446  letter of interpretation issued under s. 380.06(3), or in which
 3447  the Department of Commerce Economic Opportunity or its
 3448  predecessor agency has determined the utility to have vested
 3449  development rights within the meaning of s. 380.05(18) or s.
 3450  380.06(8).
 3451         Section 129. Paragraph (a) of subsection (2) of section
 3452  403.526, Florida Statutes, is amended to read:
 3453         403.526 Preliminary statements of issues, reports, and
 3454  project analyses; studies.—
 3455         (2)(a) No later than 90 days after the filing of the
 3456  application, the following agencies shall prepare reports as
 3457  provided below, unless a final order denying the determination
 3458  of need has been issued under s. 403.537:
 3459         1. The department shall prepare a report as to the impact
 3460  of each proposed transmission line or corridor as it relates to
 3461  matters within its jurisdiction.
 3462         2. Each water management district in the jurisdiction of
 3463  which a proposed transmission line or corridor is to be located
 3464  shall prepare a report as to the impact on water resources and
 3465  other matters within its jurisdiction.
 3466         3. The Department of Commerce Economic Opportunity shall
 3467  prepare a report containing recommendations which address the
 3468  impact upon the public of the proposed transmission line or
 3469  corridor, based on the degree to which the proposed transmission
 3470  line or corridor is consistent with the applicable portions of
 3471  the state comprehensive plan, emergency management, and other
 3472  matters within its jurisdiction. The Department of Commerce
 3473  Economic Opportunity may also comment on the consistency of the
 3474  proposed transmission line or corridor with applicable strategic
 3475  regional policy plans or local comprehensive plans and land
 3476  development regulations.
 3477         4. The Fish and Wildlife Conservation Commission shall
 3478  prepare a report as to the impact of each proposed transmission
 3479  line or corridor on fish and wildlife resources and other
 3480  matters within its jurisdiction.
 3481         5. Each local government shall prepare a report as to the
 3482  impact of each proposed transmission line or corridor on matters
 3483  within its jurisdiction, including the consistency of the
 3484  proposed transmission line or corridor with all applicable local
 3485  ordinances, regulations, standards, or criteria that apply to
 3486  the proposed transmission line or corridor, including local
 3487  comprehensive plans, zoning regulations, land development
 3488  regulations, and any applicable local environmental regulations
 3489  adopted pursuant to s. 403.182 or by other means. A change by
 3490  the responsible local government or local agency in local
 3491  comprehensive plans, zoning ordinances, or other regulations
 3492  made after the date required for the filing of the local
 3493  government’s report required by this section is not applicable
 3494  to the certification of the proposed transmission line or
 3495  corridor unless the certification is denied or the application
 3496  is withdrawn.
 3497         6. The Department of Transportation shall prepare a report
 3498  as to the impact of the proposed transmission line or corridor
 3499  on state roads, railroads, airports, aeronautics, seaports, and
 3500  other matters within its jurisdiction.
 3501         7. The commission shall prepare a report containing its
 3502  determination under s. 403.537, and the report may include the
 3503  comments from the commission with respect to any other subject
 3504  within its jurisdiction.
 3505         8. Any other agency, if requested by the department, shall
 3506  also perform studies or prepare reports as to subjects within
 3507  the jurisdiction of the agency which may potentially be affected
 3508  by the proposed transmission line.
 3509         Section 130. Paragraph (a) of subsection (2) of section
 3510  403.527, Florida Statutes, is amended to read:
 3511         403.527 Certification hearing, parties, participants.—
 3512         (2)(a) Parties to the proceeding shall be:
 3513         1. The applicant.
 3514         2. The department.
 3515         3. The commission.
 3516         4. The Department of Commerce Economic Opportunity.
 3517         5. The Fish and Wildlife Conservation Commission.
 3518         6. The Department of Transportation.
 3519         7. Each water management district in the jurisdiction of
 3520  which the proposed transmission line or corridor is to be
 3521  located.
 3522         8. The local government.
 3523         Section 131. Subsection (1) of section 403.757, Florida
 3524  Statutes, is amended to read:
 3525         403.757 Coordination with other state agencies.—
 3526         (1) The department shall coordinate its activities and
 3527  functions under ss. 403.75-403.769 and s. 526.01, as amended by
 3528  chapter 84-338, Laws of Florida, with the Department of Commerce
 3529  Economic Opportunity and other state agencies to avoid
 3530  duplication in reporting and information gathering.
 3531         Section 132. Paragraph (a) of subsection (2) of section
 3532  403.941, Florida Statutes, is amended to read:
 3533         403.941 Preliminary statements of issues, reports, and
 3534  studies.—
 3535         (2)(a) The affected agencies shall prepare reports as
 3536  provided in this paragraph and shall submit them to the
 3537  department and the applicant within 60 days after the
 3538  application is determined sufficient:
 3539         1. The department shall prepare a report as to the impact
 3540  of each proposed natural gas transmission pipeline or corridor
 3541  as it relates to matters within its jurisdiction.
 3542         2. Each water management district in the jurisdiction of
 3543  which a proposed natural gas transmission pipeline or corridor
 3544  is to be located shall prepare a report as to the impact on
 3545  water resources and other matters within its jurisdiction.
 3546         3. The Department of Commerce Economic Opportunity shall
 3547  prepare a report containing recommendations which address the
 3548  impact upon the public of the proposed natural gas transmission
 3549  pipeline or corridor, based on the degree to which the proposed
 3550  natural gas transmission pipeline or corridor is consistent with
 3551  the applicable portions of the state comprehensive plan and
 3552  other matters within its jurisdiction. The Department of
 3553  Commerce Economic Opportunity may also comment on the
 3554  consistency of the proposed natural gas transmission pipeline or
 3555  corridor with applicable strategic regional policy plans or
 3556  local comprehensive plans and land development regulations.
 3557         4. The Fish and Wildlife Conservation Commission shall
 3558  prepare a report as to the impact of each proposed natural gas
 3559  transmission pipeline or corridor on fish and wildlife resources
 3560  and other matters within its jurisdiction.
 3561         5. Each local government in which the natural gas
 3562  transmission pipeline or natural gas transmission pipeline
 3563  corridor will be located shall prepare a report as to the impact
 3564  of each proposed natural gas transmission pipeline or corridor
 3565  on matters within its jurisdiction, including the consistency of
 3566  the proposed natural gas transmission pipeline or corridor with
 3567  all applicable local ordinances, regulations, standards, or
 3568  criteria that apply to the proposed natural gas transmission
 3569  pipeline or corridor, including local comprehensive plans,
 3570  zoning regulations, land development regulations, and any
 3571  applicable local environmental regulations adopted pursuant to
 3572  s. 403.182 or by other means. No change by the responsible local
 3573  government or local agency in local comprehensive plans, zoning
 3574  ordinances, or other regulations made after the date required
 3575  for the filing of the local government’s report required by this
 3576  section shall be applicable to the certification of the proposed
 3577  natural gas transmission pipeline or corridor unless the
 3578  certification is denied or the application is withdrawn.
 3579         6. The Department of Transportation shall prepare a report
 3580  on the effect of the natural gas transmission pipeline or
 3581  natural gas transmission pipeline corridor on matters within its
 3582  jurisdiction, including roadway crossings by the pipeline. The
 3583  report shall contain at a minimum:
 3584         a. A report by the applicant to the department stating that
 3585  all requirements of the department’s utilities accommodation
 3586  guide have been or will be met in regard to the proposed
 3587  pipeline or pipeline corridor; and
 3588         b. A statement by the department as to the adequacy of the
 3589  report to the department by the applicant.
 3590         7. The Department of State, Division of Historical
 3591  Resources, shall prepare a report on the impact of the natural
 3592  gas transmission pipeline or natural gas transmission pipeline
 3593  corridor on matters within its jurisdiction.
 3594         8. The commission shall prepare a report addressing matters
 3595  within its jurisdiction. The commission’s report shall include
 3596  its determination of need issued pursuant to s. 403.9422.
 3597         Section 133. Paragraph (a) of subsection (4) of section
 3598  403.9411, Florida Statutes, is amended to read:
 3599         403.9411 Notice; proceedings; parties and participants.—
 3600         (4)(a) Parties to the proceeding shall be:
 3601         1. The applicant.
 3602         2. The department.
 3603         3. The commission.
 3604         4. The Department of Commerce Economic Opportunity.
 3605         5. The Fish and Wildlife Conservation Commission.
 3606         6. Each water management district in the jurisdiction of
 3607  which the proposed natural gas transmission pipeline or corridor
 3608  is to be located.
 3609         7. The local government.
 3610         8. The Department of Transportation.
 3611         9. The Department of State, Division of Historical
 3612  Resources.
 3613         Section 134. Paragraphs (b) and (c) of subsection (3) and
 3614  subsection (17) of section 403.973, Florida Statutes, are
 3615  amended to read:
 3616         403.973 Expedited permitting; amendments to comprehensive
 3617  plans.—
 3618         (3)
 3619         (b) On a case-by-case basis and at the request of a county
 3620  or municipal government, the Department of Commerce Economic
 3621  Opportunity may certify as eligible for expedited review a
 3622  project not meeting the minimum job creation thresholds but
 3623  creating a minimum of 10 jobs. The recommendation from the
 3624  governing body of the county or municipality in which the
 3625  project may be located is required in order for the Department
 3626  of Commerce Economic Opportunity to certify that any project is
 3627  eligible for expedited review under this paragraph. When
 3628  considering projects that do not meet the minimum job creation
 3629  thresholds but that are recommended by the governing body in
 3630  which the project may be located, the Department of Commerce
 3631  Economic Opportunity shall consider economic impact factors that
 3632  include, but are not limited to:
 3633         1. The proposed wage and skill levels relative to those
 3634  existing in the area in which the project may be located;
 3635         2. The project’s potential to diversify and strengthen the
 3636  area’s economy;
 3637         3. The amount of capital investment; and
 3638         4. The number of jobs that will be made available for
 3639  persons served by the welfare transition program.
 3640         (c) At the request of a county or municipal government, the
 3641  Department of Commerce Economic Opportunity or a Quick
 3642  Permitting County may certify projects located in counties where
 3643  the ratio of new jobs per participant in the welfare transition
 3644  program, as determined by CareerSource Florida, Inc., is less
 3645  than one or otherwise critical, as eligible for the expedited
 3646  permitting process. Such projects must meet the numerical
 3647  criteria for job creation specified in this subsection, but the
 3648  jobs created by the project do not have to be high-wage jobs
 3649  that diversify the state’s economy.
 3650         (17) The Department of Commerce Economic Opportunity,
 3651  working with the Rural Economic Development Initiative, shall
 3652  provide technical assistance in preparing permit applications
 3653  and local comprehensive plan amendments for counties having a
 3654  population of fewer than 75,000 residents, or counties having
 3655  fewer than 125,000 residents which are contiguous to counties
 3656  having fewer than 75,000 residents. Additional assistance may
 3657  include, but not be limited to, guidance in land development
 3658  regulations and permitting processes, working cooperatively with
 3659  state, regional, and local entities to identify areas within
 3660  these counties which may be suitable or adaptable for
 3661  preclearance review of specified types of land uses and other
 3662  activities requiring permits.
 3663         Section 135. Paragraph (d) of subsection (4) of section
 3664  404.0617, Florida Statutes, is amended to read:
 3665         404.0617 Siting of commercial low-level radioactive waste
 3666  management facilities.—
 3667         (4) The Governor and Cabinet shall consider the following
 3668  when determining whether to grant a petition for a variance from
 3669  local ordinances, regulations, or plans:
 3670         (d) Such studies, reports, and information as the Governor
 3671  and Cabinet may request of the Department of Commerce Economic
 3672  Opportunity addressing whether or not the proposed facility
 3673  unreasonably interferes with the achievement of the goals and
 3674  objectives of any adopted state or local comprehensive plan and
 3675  any other matter within its jurisdiction.
 3676         Section 136. Paragraph (c) of subsection (7) of section
 3677  409.1451, Florida Statutes, is amended to read:
 3678         409.1451 The Road-to-Independence Program.—
 3679         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
 3680  secretary shall establish the Independent Living Services
 3681  Advisory Council for the purpose of reviewing and making
 3682  recommendations concerning the implementation and operation of
 3683  s. 39.6251 and the Road-to-Independence Program.
 3684         (c) Members of the advisory council shall be appointed by
 3685  the secretary of the department. The membership of the advisory
 3686  council must include, at a minimum, young adults who receive
 3687  services and funding through the Road-to-Independence Program,
 3688  representatives from the headquarters and regional offices of
 3689  the department, community-based care lead agencies, the
 3690  Department of Juvenile Justice, the Department of Commerce
 3691  Economic Opportunity, the Department of Education, the Agency
 3692  for Health Care Administration, the State Youth Advisory Board,
 3693  CareerSource Florida, Inc., the Statewide Guardian Ad Litem
 3694  Office, foster parents, and advocates for children in care. The
 3695  secretary shall determine the length of the term to be served by
 3696  each member appointed to the advisory council, which may not
 3697  exceed 4 years.
 3698         Section 137. Subsection (8) of section 409.2576, Florida
 3699  Statutes, is amended to read:
 3700         409.2576 State Directory of New Hires.—
 3701         (8) PROVIDING INFORMATION TO NATIONAL DIRECTORY.—The State
 3702  Directory of New Hires must furnish information regarding newly
 3703  hired or rehired employees and other individuals subject to
 3704  reporting to the National Directory of New Hires for matching
 3705  with the records of other state case registries within 3
 3706  business days of entering such information into the State
 3707  Directory of New Hires. The State Directory of New Hires shall
 3708  enter into an agreement with the Department of Commerce Economic
 3709  Opportunity or its tax collection service provider for the
 3710  quarterly reporting to the National Directory of New Hires
 3711  information on wages and reemployment assistance taken from the
 3712  quarterly report to the Secretary of Labor, now required by
 3713  Title III of the Social Security Act, except that no report
 3714  shall be filed with respect to an employee of a state or local
 3715  agency performing intelligence or counterintelligence functions,
 3716  if the head of such agency has determined that filing such a
 3717  report could endanger the safety of the employee or compromise
 3718  an ongoing investigation or intelligence mission.
 3719         Section 138. Section 409.25996, Florida Statutes, is
 3720  amended to read:
 3721         409.25996 Organizations that assist noncustodial parents.
 3722  The Department of Commerce Economic Opportunity shall award
 3723  grants to organizations that assist noncustodial parents who are
 3724  unemployed or underemployed and have difficulty meeting child
 3725  support obligations to become self-sufficient and establish a
 3726  successful pattern of paying child support obligations.
 3727         Section 139. Subsections (2), (3), and (4) of section
 3728  409.508, Florida Statutes, are amended to read:
 3729         409.508 Low-income home energy assistance program.—
 3730         (2) The Department of Commerce Economic Opportunity is
 3731  designated as the state agency to administer the Low-income Home
 3732  Energy Assistance Act of 1981, 42 U.S.C. ss. 8621 et seq. The
 3733  Department of Commerce Economic Opportunity is authorized to
 3734  provide home energy assistance benefits to eligible households
 3735  which may be in the form of cash, vouchers, certificates, or
 3736  direct payments to electric or natural gas utilities or other
 3737  energy suppliers and operators of low-rent, subsidized housing
 3738  in behalf of eligible households. Priority shall be given to
 3739  eligible households having at least one elderly or handicapped
 3740  individual and to eligible households with the lowest incomes.
 3741         (3) Agreements may be established between electric or
 3742  natural gas utility companies, other energy suppliers, the
 3743  Department of Revenue, and the Department of Commerce Economic
 3744  Opportunity for the purpose of providing payments to energy
 3745  suppliers in the form of a credit against sales and use taxes
 3746  due or direct payments to energy suppliers for services rendered
 3747  to low-income, eligible households.
 3748         (4) The Department of Commerce Economic Opportunity shall
 3749  adopt rules to carry out the provisions of this act.
 3750         Section 140. Subsection (2) of section 409.509, Florida
 3751  Statutes, is amended to read:
 3752         409.509 Definitions; weatherization of low-income
 3753  residences.—As used in this act, the term:
 3754         (2) “Department” means the Department of Commerce Economic
 3755  Opportunity.
 3756         Section 141. Subsection (2) and paragraph (f) of subsection
 3757  (3) of section 410.502, Florida Statutes, are amended to read:
 3758         410.502 Housing and living arrangements; special needs of
 3759  the elderly; services.—The Department of Elderly Affairs shall
 3760  provide services related to housing and living arrangements
 3761  which meet the special needs of the elderly. Such services shall
 3762  include, but not be limited to:
 3763         (2) Coordinating with the Department of Commerce Economic
 3764  Opportunity to gather and maintain data on living arrangements
 3765  which meet the special needs of the elderly and to disseminate
 3766  such information to the public. Such information shall include
 3767  types of facilities, cost of care, services provided, and
 3768  possible sources of help in meeting the cost of care for
 3769  indigent individuals.
 3770         (3) Promoting, through the Department of Elderly Affairs
 3771  staff activities and area agencies on aging, the development of
 3772  a variety of living arrangements through public and private
 3773  auspices to meet the various needs and desires of the elderly,
 3774  including, but not limited to:
 3775         (f) Retirement communities for independent communal living,
 3776  to be developed in conjunction with the Department of Commerce
 3777  Economic Opportunity.
 3778  
 3779  Demonstration projects must be used advisedly to test the extent
 3780  to which these and other innovative housing and living
 3781  arrangements do meet the basic and special needs of the elderly.
 3782         Section 142. Paragraph (f) of subsection (4) of section
 3783  413.80, Florida Statutes, is amended to read:
 3784         413.80 Employment First Act.—
 3785         (4) INTERAGENCY COOPERATIVE AGREEMENT.—The following state
 3786  agencies and organizations, and others, as appropriate, shall
 3787  develop an interagency cooperative agreement to implement this
 3788  act:
 3789         (f) The Department of Commerce Economic Opportunity.
 3790         Section 143. Subsection (1) and paragraph (a) of subsection
 3791  (2) of section 413.801, Florida Statutes, are amended to read:
 3792         413.801 Florida Unique Abilities Partner Program.—
 3793         (1) CREATION AND PURPOSE.—The Department of Commerce
 3794  Economic Opportunity shall establish the Florida Unique
 3795  Abilities Partner Program to designate a business entity as a
 3796  Florida Unique Abilities Partner if the business entity
 3797  demonstrates commitment, through employment or support, to the
 3798  independence of individuals who have a disability. The
 3799  department shall consult with the Agency for Persons with
 3800  Disabilities, the Division of Vocational Rehabilitation of the
 3801  Department of Education, the Division of Blind Services of the
 3802  Department of Education, and CareerSource Florida, Inc., in
 3803  creating the program.
 3804         (2) DEFINITIONS.—As used in this section, the term:
 3805         (a) “Department” means the Department of Commerce Economic
 3806  Opportunity.
 3807         Section 144. Section 414.24, Florida Statutes, is amended
 3808  to read:
 3809         414.24 Integrated welfare reform and child welfare
 3810  services.—The department shall develop integrated service
 3811  delivery strategies to better meet the needs of families subject
 3812  to work activity requirements who are involved in the child
 3813  welfare system or are at high risk of involvement in the child
 3814  welfare system. To the extent that resources are available, the
 3815  department and the Department of Commerce Economic Opportunity
 3816  shall provide funds to one or more service districts to promote
 3817  development of integrated, nonduplicative case management within
 3818  the department, the Department of Commerce Economic Opportunity,
 3819  other participating government agencies, and community partners.
 3820  Alternative delivery systems shall be encouraged which include
 3821  well-defined, pertinent outcome measures. Other factors to be
 3822  considered shall include innovation regarding training,
 3823  enhancement of existing resources, and increased private sector
 3824  and business sector participation.
 3825         Section 145. Paragraph (d) of subsection (2) of section
 3826  414.40, Florida Statutes, is amended to read:
 3827         414.40 Stop Inmate Fraud Program established; guidelines.—
 3828         (2) The Department of Financial Services is directed to
 3829  implement the Stop Inmate Fraud Program in accordance with the
 3830  following guidelines:
 3831         (d) Data obtained from correctional institutions or other
 3832  detention facilities shall be compared with the client files of
 3833  the Department of Children and Families, the Department of
 3834  Commerce Economic Opportunity, and other state or local agencies
 3835  as needed to identify persons wrongfully obtaining benefits.
 3836  Data comparisons shall be accomplished during periods of low
 3837  information demand by agency personnel to minimize inconvenience
 3838  to the agency.
 3839         Section 146. Subsection (6) of section 420.0004, Florida
 3840  Statutes, is amended to read:
 3841         420.0004 Definitions.—As used in this part, unless the
 3842  context otherwise indicates:
 3843         (6) “Department” means the Department of Commerce Economic
 3844  Opportunity.
 3845         Section 147. Subsection (1) of section 420.0005, Florida
 3846  Statutes, is amended to read:
 3847         420.0005 State Housing Trust Fund; State Housing Fund.—
 3848         (1) There is established in the State Treasury a separate
 3849  trust fund to be named the “State Housing Trust Fund.” There
 3850  shall be deposited in the fund all moneys appropriated by the
 3851  Legislature, or moneys received from any other source, for the
 3852  purpose of this chapter, and all proceeds derived from the use
 3853  of such moneys. The fund shall be administered by the Florida
 3854  Housing Finance Corporation on behalf of the department, as
 3855  specified in this chapter. Money deposited to the fund and
 3856  appropriated by the Legislature must, notwithstanding the
 3857  provisions of chapter 216 or s. 420.504(3), be transferred
 3858  quarterly in advance, to the extent available, or, if not so
 3859  available, as soon as received into the State Housing Trust
 3860  Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
 3861  by the Chief Financial Officer to the corporation upon
 3862  certification by the Secretary of Commerce Economic Opportunity
 3863  that the corporation is in compliance with the requirements of
 3864  s. 420.0006. The certification made by the secretary shall also
 3865  include the split of funds among programs administered by the
 3866  corporation and the department as specified in chapter 92-317,
 3867  Laws of Florida, as amended. Moneys advanced by the Chief
 3868  Financial Officer must be deposited by the corporation into a
 3869  separate fund established with a qualified public depository
 3870  meeting the requirements of chapter 280 to be named the “State
 3871  Housing Fund” and used for the purposes of this chapter.
 3872  Administrative and personnel costs incurred in implementing this
 3873  chapter may be paid from the State Housing Fund, but such costs
 3874  may not exceed 5 percent of the moneys deposited into such fund.
 3875  To the State Housing Fund shall be credited all loan repayments,
 3876  penalties, and other fees and charges accruing to such fund
 3877  under this chapter. It is the intent of this chapter that all
 3878  loan repayments, penalties, and other fees and charges collected
 3879  be credited in full to the program account from which the loan
 3880  originated. Moneys in the State Housing Fund which are not
 3881  currently needed for the purposes of this chapter shall be
 3882  invested in such manner as is provided for by statute. The
 3883  interest received on any such investment shall be credited to
 3884  the State Housing Fund.
 3885         Section 148. Section 420.0006, Florida Statutes, is amended
 3886  to read:
 3887         420.0006 Authority to contract with corporation; contract
 3888  requirements; nonperformance.—The Secretary of Commerce Economic
 3889  Opportunity shall contract, notwithstanding part I of chapter
 3890  287, with the Florida Housing Finance Corporation on a multiyear
 3891  basis to stimulate, provide, and foster affordable housing in
 3892  the state. The contract must incorporate the performance
 3893  measures required by s. 420.511 and be consistent with the
 3894  corporation’s strategic business plan prepared in accordance
 3895  with s. 420.511. The contract must provide that if the
 3896  corporation fails to comply with a performance measure required
 3897  by s. 420.511, the secretary shall notify the Governor and refer
 3898  the nonperformance to the department’s inspector general for
 3899  review and determination as to whether such failure is due to
 3900  forces beyond the corporation’s control or whether such failure
 3901  is due to inadequate management of the corporation’s resources.
 3902  Advances shall continue to be made pursuant to s. 420.0005
 3903  during the pendency of the review. If such failure is due to
 3904  outside forces, it may not be deemed a violation of the
 3905  contract. If such failure is due to inadequate management, the
 3906  department’s inspector general shall provide recommendations
 3907  regarding solutions. The Governor may resolve differences of
 3908  opinion with respect to performance under the contract and may
 3909  request that advances continue in the event of a failure under
 3910  the contract due to inadequate management. The Chief Financial
 3911  Officer shall approve the request absent a finding by the Chief
 3912  Financial Officer that continuing such advances would adversely
 3913  impact the state; however, the Chief Financial Officer shall
 3914  provide advances sufficient to meet the debt service
 3915  requirements of the corporation and sufficient to fund contracts
 3916  committing funds from the State Housing Trust Fund if such
 3917  contracts are in accordance with the laws of this state.
 3918         Section 149. Paragraph (d) of subsection (1) of section
 3919  420.101, Florida Statutes, is amended to read:
 3920         420.101 Housing Development Corporation of Florida;
 3921  creation, membership, and purposes.—
 3922         (1) Twenty-five or more persons, a majority of whom shall
 3923  be residents of this state, who may desire to create a housing
 3924  development corporation under the provisions of this part for
 3925  the purpose of promoting and developing housing and advancing
 3926  the prosperity and economic welfare of the state and, to that
 3927  end, to exercise the powers and privileges hereinafter provided,
 3928  may be incorporated by filing in the Department of State, as
 3929  hereinafter provided, articles of incorporation. The articles of
 3930  incorporation shall contain:
 3931         (d) The names and post office addresses of the members of
 3932  the first board of directors. The first board of directors shall
 3933  be elected by and from the stockholders of the corporation and
 3934  shall consist of 21 members. However, five of such members shall
 3935  consist of the following persons, who shall be nonvoting
 3936  members: the Secretary of Commerce Economic Opportunity or her
 3937  or his designee; the head of the Department of Financial
 3938  Services or her or his designee with expertise in banking
 3939  matters; a designee of the head of the Department of Financial
 3940  Services with expertise in insurance matters; one state senator
 3941  appointed by the President of the Senate; and one representative
 3942  appointed by the Speaker of the House of Representatives.
 3943         Section 150. Subsection (8) of section 420.111, Florida
 3944  Statutes, is amended to read:
 3945         420.111 Housing Development Corporation of Florida;
 3946  additional powers.—In furtherance of its purposes and in
 3947  addition to the powers now or hereafter conferred on business
 3948  corporations by part I of chapter 607, the corporation shall,
 3949  subject to the restrictions and limitations contained in this
 3950  section, have the following powers:
 3951         (8) To cooperate with, and avail itself of the facilities
 3952  of, the United States Department of Housing and Urban
 3953  Development, the Department of Commerce Economic Opportunity,
 3954  and any other similar local, state, or Federal Government
 3955  agency; and to cooperate with and assist, and otherwise
 3956  encourage, organizations in the various communities of the state
 3957  on the promotion, assistance, and development of the housing and
 3958  economic welfare of such communities or of this state or any
 3959  part thereof.
 3960         Section 151. Section 420.36, Florida Statutes, is amended
 3961  to read:
 3962         420.36 Low-income Emergency Home Repair Program.—There is
 3963  established within the Department of Commerce Economic
 3964  Opportunity the Low-income Emergency Home Repair Program to
 3965  assist low-income persons, especially the elderly and physically
 3966  disabled, in making emergency repairs which directly affect
 3967  their health and safety.
 3968         (1) As used in this section, the term:
 3969         (a) “Grantee” means a local public or private nonprofit
 3970  agency currently receiving funds from the department to conduct
 3971  a weatherization assistance program in one or more counties or a
 3972  public or nonprofit agency chosen as outlined in subparagraph
 3973  (4)(c)4.
 3974         (b) “Subgrantee” means a local public or private nonprofit
 3975  agency experienced in weatherization, emergency repairs, or
 3976  rehabilitation of housing.
 3977         (2) A person is eligible to receive assistance if that
 3978  person has an income in relation to that person’s family size
 3979  which is at or below 125 percent of the poverty level as
 3980  specified annually in the federal Office of Management and
 3981  Budget Poverty Guidelines. Eligible persons over 60 years of age
 3982  and eligible persons who are physically disabled shall be given
 3983  priority in the program.
 3984         (3)(a) Allowable repairs, including materials and labor,
 3985  which may be charged under the program include:
 3986         1. Correcting deficiencies in support beams, load-bearing
 3987  walls, and floor joists.
 3988         2. Repair or replacement of unsafe or nonfunctional space
 3989  heating or water heating systems.
 3990         3. Egress or physically disabled accessibility repairs,
 3991  improvements, or assistive devices, including wheelchair ramps,
 3992  steps, porches, handrails, or other health and safety measures.
 3993         4. Plumbing, pump, well, and line repairs to ensure safe
 3994  drinking water and sanitary sewage.
 3995         5. Electrical repairs.
 3996         6. Repairs to deteriorating walls, floors, and roofs.
 3997         7. Other interior and exterior repairs as necessary for the
 3998  health and safety of the resident.
 3999         (b) Administrative expenses may not exceed 10 percent of
 4000  the total grant funds.
 4001         (c) Each grantee shall be required to provide an in-kind or
 4002  cash match of at least 20 percent of the funds granted. Grantees
 4003  and subgrantees shall be encouraged to use community resources
 4004  to provide such match, including family, church, and
 4005  neighborhood volunteers and materials provided by local groups
 4006  and businesses. Grantees shall coordinate with local governments
 4007  through their community development block grant entitlement
 4008  programs and other housing programs, local housing partnerships,
 4009  and agencies under contract to a lead agency for the provisions
 4010  of services under the Community Care for the Elderly Act, ss.
 4011  430.201-430.207.
 4012         (4)(a) Funds appropriated to the department for the program
 4013  shall be deposited in the Federal Grants Trust Fund.
 4014  Administrative and personnel costs incurred by the department in
 4015  implementing the provisions of this section may be paid from the
 4016  fund.
 4017         (b) The grantee may subgrant these funds to a subgrantee if
 4018  the grantee is unable to serve all of the county or the target
 4019  population. Grantee and subgrantee eligibility shall be
 4020  determined by the department.
 4021         (c) Funds shall be distributed to grantees and subgrantees
 4022  as follows:
 4023         1. For each county, a base amount of at least $3,000 shall
 4024  be set aside from the total funds available, and such amount
 4025  shall be deducted from the total amount appropriated by the
 4026  Legislature.
 4027         2. The balance of the funds appropriated by the Legislature
 4028  shall be divided by the total poverty population of the state,
 4029  and this quotient shall be multiplied by each county’s share of
 4030  the poverty population. That amount plus the base of at least
 4031  $3,000 constitutes each county’s share. A grantee that serves
 4032  more than one county shall receive the base amount plus the
 4033  poverty population share for each county to be served. Contracts
 4034  with grantees may be renewed annually.
 4035         3. The funds allocated to each county shall be offered
 4036  first to an existing weatherization assistance program grantee
 4037  in good standing, as determined by the department, which can
 4038  provide services to the target population of low-income persons,
 4039  low-income elderly persons, and low-income physically disabled
 4040  persons throughout the county.
 4041         4. If a weatherization assistance program grantee is not
 4042  available to serve the entire county area, the funds shall be
 4043  distributed through the following process:
 4044         a. An announcement of funding availability shall be
 4045  provided to the county. The county may elect to administer the
 4046  program.
 4047         b. If the county elects not to administer the program, the
 4048  department shall establish rules to address the selection of one
 4049  or more public or private not-for-profit agencies that are
 4050  experienced in weatherization, rehabilitation, or emergency
 4051  repair to administer the program.
 4052         5. If no eligible agency agrees to serve a county, the
 4053  funds for that county shall be distributed to grantees having
 4054  the best performance record as determined by department rule. At
 4055  the end of the contract year, any uncontracted or unexpended
 4056  funds shall be returned to the Federal Grants Trust Fund and
 4057  reallocated under the next year’s contracting cycle.
 4058         (5) The department may perform all actions appropriate and
 4059  necessary to carry out the purposes of this section, including,
 4060  but not limited to:
 4061         (a) Entering into contracts and agreements with the Federal
 4062  Government, agencies of the state, local governments, or any
 4063  person, association, corporation, or entity.
 4064         (b) Seeking and accepting funding from any public or
 4065  private source.
 4066         (c) Adopting and enforcing rules consistent with this
 4067  section.
 4068         Section 152. Subsection (1) of section 420.424, Florida
 4069  Statutes, is amended to read:
 4070         420.424 Definitions.—As used in ss. 420.421-420.429:
 4071         (1) “Department” means the Department of Commerce Economic
 4072  Opportunity.
 4073         Section 153. Subsections (9) and (13) of section 420.503,
 4074  Florida Statutes, are amended to read:
 4075         420.503 Definitions.—As used in this part, the term:
 4076         (9) “Contract” means the contract between the Secretary of
 4077  Commerce Economic Opportunity and the corporation for provision
 4078  of housing services referenced in s. 420.0006.
 4079         (13) “Department” means the Department of Commerce Economic
 4080  Opportunity.
 4081         Section 154. Subsections (1) and (3) of section 420.504,
 4082  Florida Statutes, are amended to read:
 4083         420.504 Public corporation; creation, membership, terms,
 4084  expenses.—
 4085         (1) A public corporation and a public body corporate and
 4086  politic, to be known as the “Florida Housing Finance
 4087  Corporation,” is created within the Department of Commerce
 4088  Economic Opportunity. It is declared to be the intent of and
 4089  constitutional construction by the Legislature that the Florida
 4090  Housing Finance Corporation constitutes an entrepreneurial
 4091  public corporation organized to provide and promote the public
 4092  welfare by administering the governmental function of financing
 4093  or refinancing housing and related facilities in this state and
 4094  that the corporation is not a department of the executive branch
 4095  of state government within the scope and meaning of s. 6, Art.
 4096  IV of the State Constitution, but is functionally related to the
 4097  Department of Commerce Economic Opportunity in which it is
 4098  placed. The executive function of state government to be
 4099  performed by the Secretary of Commerce Economic Opportunity in
 4100  the conduct of the business of the Florida Housing Finance
 4101  Corporation must be performed pursuant to a contract to monitor
 4102  and set performance standards for the implementation of the
 4103  business plan for the provision of housing approved for the
 4104  corporation as provided in s. 420.0006. This contract must
 4105  include performance standards for the provision of affordable
 4106  housing in this state established in the strategic business plan
 4107  described in s. 420.511.
 4108         (3) The corporation is a separate budget entity and is not
 4109  subject to control, supervision, or direction by the department
 4110  in any manner, including, but not limited to, personnel,
 4111  purchasing, transactions involving real or personal property,
 4112  and budgetary matters. The corporation shall consist of a board
 4113  of directors composed of the Secretary of Commerce Economic
 4114  Opportunity as an ex officio and voting member, or a senior
 4115  level agency employee designated by the secretary, one member
 4116  appointed by the President of the Senate, one member appointed
 4117  by the Speaker of the House of Representatives, and eight
 4118  members appointed by the Governor subject to confirmation by the
 4119  Senate from the following:
 4120         (a) One citizen actively engaged in the residential home
 4121  building industry.
 4122         (b) One citizen actively engaged in the banking or mortgage
 4123  banking industry.
 4124         (c) One citizen who is a representative of those areas of
 4125  labor engaged in home building.
 4126         (d) One citizen with experience in housing development who
 4127  is an advocate for low-income persons.
 4128         (e) One citizen actively engaged in the commercial building
 4129  industry.
 4130         (f) One citizen who is a former local government elected
 4131  official.
 4132         (g) Two citizens of the state who are not principally
 4133  employed as members or representatives of any of the groups
 4134  specified in paragraphs (a)-(f).
 4135         Section 155. Subsection (1) of section 420.506, Florida
 4136  Statutes, is amended to read:
 4137         420.506 Executive director; agents and employees; inspector
 4138  general.—
 4139         (1) The appointment and removal of an executive director
 4140  shall be by the Secretary of Commerce Economic Opportunity, with
 4141  the advice and consent of the corporation’s board of directors.
 4142  The executive director shall employ legal and technical experts
 4143  and such other agents and employees, permanent and temporary, as
 4144  the corporation may require, and shall communicate with and
 4145  provide information to the Legislature with respect to the
 4146  corporation’s activities. Notwithstanding s. 216.262, the board
 4147  may develop and implement rules regarding the employment of
 4148  employees of the corporation and service providers, including
 4149  legal counsel. The board is entitled to establish travel
 4150  procedures and guidelines for employees of the corporation,
 4151  subject to s. 112.061(6) and (7). The executive director’s
 4152  office and the corporation’s files and records must be located
 4153  in Leon County.
 4154         Section 156. Subsection (30) of section 420.507, Florida
 4155  Statutes, is amended to read:
 4156         420.507 Powers of the corporation.—The corporation shall
 4157  have all the powers necessary or convenient to carry out and
 4158  effectuate the purposes and provisions of this part, including
 4159  the following powers which are in addition to all other powers
 4160  granted by other provisions of this part:
 4161         (30) To prepare and submit to the Secretary of Commerce
 4162  Economic Opportunity a budget request for purposes of the
 4163  corporation, which request must, notwithstanding the provisions
 4164  of chapter 216 and in accordance with s. 216.351, contain a
 4165  request for operational expenditures and separate requests for
 4166  other authorized corporation programs. The request must include,
 4167  for informational purposes, the amount of state funds necessary
 4168  to use all federal housing funds anticipated to be received by,
 4169  or allocated to, the state in the fiscal year in order to
 4170  maximize the production of new, affordable multifamily housing
 4171  units in this state. The request need not contain information on
 4172  the number of employees, salaries, or any classification
 4173  thereof, and the approved operating budget therefor need not
 4174  comply with s. 216.181(8)-(10). The secretary may include within
 4175  the department’s budget request the corporation’s budget request
 4176  in the form as authorized by this section.
 4177         Section 157. Effective July 1, 2033, subsection (30) of
 4178  section 420.507, Florida Statutes, as amended by section 30 of
 4179  chapter 2023-17, Laws of Florida, is amended to read:
 4180         420.507 Powers of the corporation.—The corporation shall
 4181  have all the powers necessary or convenient to carry out and
 4182  effectuate the purposes and provisions of this part, including
 4183  the following powers which are in addition to all other powers
 4184  granted by other provisions of this part:
 4185         (30) To prepare and submit to the Secretary of Commerce
 4186  Economic Opportunity a budget request for purposes of the
 4187  corporation, which request shall, notwithstanding the provisions
 4188  of chapter 216 and in accordance with s. 216.351, contain a
 4189  request for operational expenditures and separate requests for
 4190  other authorized corporation programs. The request need not
 4191  contain information on the number of employees, salaries, or any
 4192  classification thereof, and the approved operating budget
 4193  therefor need not comply with s. 216.181(8)-(10). The secretary
 4194  may include within the department’s budget request the
 4195  corporation’s budget request in the form as authorized by this
 4196  section.
 4197         Section 158. Subsection (2) of section 420.511, Florida
 4198  Statutes, is amended to read:
 4199         420.511 Strategic business plan; long-range program plan;
 4200  annual report; audited financial statements.—
 4201         (2) The corporation, in coordination with the department,
 4202  shall annually develop a long-range program plan for the
 4203  provision of affordable housing in this state as required
 4204  pursuant to chapter 186. In part, the plan must include
 4205  provisions that maximize the abilities of the corporation to
 4206  implement the state housing strategy established under s.
 4207  420.0003, to respond to federal housing initiatives, and to
 4208  develop programs in a manner that is more responsive to the
 4209  needs of public and private partners. The plan shall be
 4210  developed on a schedule consistent with that established by s.
 4211  186.021. For purposes of this section, the Secretary of Commerce
 4212  Economic Opportunity or his or her designee shall serve as the
 4213  corporation’s representative to achieve a coordinated and
 4214  integrated planning relationship with the department.
 4215         Section 159. Subsection (6) of section 420.602, Florida
 4216  Statutes, is amended to read:
 4217         420.602 Definitions.—As used in this part, the following
 4218  terms shall have the following meanings, unless the context
 4219  otherwise requires:
 4220         (6) “Department” means the Department of Commerce Economic
 4221  Opportunity.
 4222         Section 160. Subsections (3) and (4) of section 420.606,
 4223  Florida Statutes, are amended to read:
 4224         420.606 Training and technical assistance program.—
 4225         (3) TRAINING AND TECHNICAL ASSISTANCE PROGRAM.—The
 4226  Department of Commerce Economic Opportunity shall be responsible
 4227  for securing the necessary expertise to provide training and
 4228  technical assistance to:
 4229         (a) Staff of local governments, to staff of state agencies,
 4230  as appropriate, to community-based organizations, and to persons
 4231  forming such organizations, which are formed for the purpose of
 4232  developing new housing and rehabilitating existing housing that
 4233  is affordable for very-low-income persons, low-income persons,
 4234  and moderate-income persons.
 4235         1. The training component of the program shall be designed
 4236  to build the housing development capacity of community-based
 4237  organizations and local governments as a permanent resource for
 4238  the benefit of communities in this state.
 4239         a. The scope of training must include, but need not be
 4240  limited to, real estate development skills related to affordable
 4241  housing, including the construction process and property
 4242  management and disposition, the development of public-private
 4243  partnerships to reduce housing costs, model housing projects,
 4244  and management and board responsibilities of community-based
 4245  organizations.
 4246         b. Training activities may include, but are not limited to,
 4247  materials for self-instruction, workshops, seminars,
 4248  internships, coursework, and special programs developed in
 4249  conjunction with state universities and community colleges.
 4250         2. The technical assistance component of the program shall
 4251  be designed to assist applicants for state-administered programs
 4252  in developing applications and in expediting project
 4253  implementation. Technical assistance activities for the staffs
 4254  of community-based organizations and local governments who are
 4255  directly involved in the production of affordable housing may
 4256  include, but are not limited to, workshops for program
 4257  applicants, onsite visits, guidance in achieving project
 4258  completion, and a newsletter to community-based organizations
 4259  and local governments.
 4260         (b) Designated lead agencies of homeless assistance
 4261  continuums of care which receive funding from the Department of
 4262  Children and Families to provide or secure housing, programs,
 4263  and other services for homeless persons. Such training and
 4264  technical assistance, subject to a specific appropriation in the
 4265  General Appropriations Act for that purpose, must be provided by
 4266  a nonprofit entity that meets the requirements for providing
 4267  training and technical assistance under s. 420.531.
 4268         (4) POWERS.—The Department of Commerce Economic Opportunity
 4269  may do all things necessary or appropriate to carry out the
 4270  purposes of this section, including exercising the power to:
 4271         (a) Enter into contracts and agreements with the Federal
 4272  Government or with other agencies of the state, with local
 4273  governments, or with any other person, association, corporation,
 4274  or entity;
 4275         (b) Seek and accept funding from any public or private
 4276  source; and
 4277         (c) Adopt and enforce rules consistent with this section.
 4278         Section 161. Subsection (5) of section 420.609, Florida
 4279  Statutes, is amended to read:
 4280         420.609 Affordable Housing Study Commission.—Because the
 4281  Legislature firmly supports affordable housing in Florida for
 4282  all economic classes:
 4283         (5) The commission shall review, evaluate, and make
 4284  recommendations regarding existing and proposed housing programs
 4285  and initiatives. The commission shall provide these and any
 4286  other housing recommendations to the Secretary of Commerce
 4287  Economic Opportunity and the executive director of the
 4288  corporation.
 4289         Section 162. Subsection (2) of section 420.622, Florida
 4290  Statutes, is amended to read:
 4291         420.622 State Office on Homelessness; Council on
 4292  Homelessness.—
 4293         (2) The Council on Homelessness is created to consist of 19
 4294  representatives of public and private agencies who shall develop
 4295  policy and advise the State Office on Homelessness. The council
 4296  members shall be: the Secretary of Children and Families, or his
 4297  or her designee; the Secretary of Commerce Economic Opportunity,
 4298  or his or her designee, who shall advise the council on issues
 4299  related to rural development; the State Surgeon General, or his
 4300  or her designee; the Executive Director of Veterans’ Affairs, or
 4301  his or her designee; the Secretary of Corrections, or his or her
 4302  designee; the Secretary of Health Care Administration, or his or
 4303  her designee; the Commissioner of Education, or his or her
 4304  designee; the Executive Director of CareerSource Florida, Inc.,
 4305  or his or her designee; one representative of the Florida
 4306  Association of Counties; one representative of the Florida
 4307  League of Cities; one representative of the Florida Supportive
 4308  Housing Coalition; one representative of the Florida Housing
 4309  Coalition; the Executive Director of the Florida Housing Finance
 4310  Corporation, or his or her designee; one representative of the
 4311  Florida Coalition for the Homeless; the secretary of the
 4312  Department of Elder Affairs, or his or her designee; and four
 4313  members appointed by the Governor. The council members shall be
 4314  nonpaid volunteers and shall be reimbursed only for travel
 4315  expenses. The appointed members of the council shall be
 4316  appointed to staggered 2-year terms and are encouraged to have
 4317  experience in the administration or provision of resources,
 4318  services, or housing that addresses the needs of persons
 4319  experiencing homelessness. The council shall meet at least four
 4320  times per year. The importance of minority, gender, and
 4321  geographic representation shall be considered in appointing
 4322  members to the council.
 4323         Section 163. Subsection (6) of section 420.631, Florida
 4324  Statutes, is amended to read:
 4325         420.631 Definitions relating to Urban Homesteading Act.—As
 4326  used in ss. 420.630-420.635:
 4327         (6) “Office” means the Office of Urban Opportunity within
 4328  the Department of Commerce Economic Opportunity.
 4329         Section 164. Section 420.635, Florida Statutes, is amended
 4330  to read:
 4331         420.635 Loans to qualified buyers.—Contingent upon an
 4332  appropriation, the Department of Commerce Economic Opportunity,
 4333  in consultation with the Office of Urban Opportunity, shall
 4334  provide loans to qualified buyers who are required to pay the
 4335  pro rata portion of the bonded debt on single-family housing
 4336  pursuant to s. 420.634. Loans provided under this section shall
 4337  be made at a rate of interest which does not exceed the
 4338  qualified loan rate. A buyer must maintain the qualifications
 4339  specified in s. 420.633 for the full term of the loan. The loan
 4340  agreement may contain additional terms and conditions as
 4341  determined by the department.
 4342         Section 165. Section 421.001, Florida Statutes, is amended
 4343  to read:
 4344         421.001 State role in housing and urban development.—The
 4345  role of state government required by part I of chapter 421
 4346  (Housing Authorities Law), chapter 422 (Housing Cooperation
 4347  Law), and chapter 423 (Tax Exemption of Housing Authorities) is
 4348  the responsibility of the Department of Commerce Economic
 4349  Opportunity; and the department is the agency of state
 4350  government responsible for the state’s role in housing and urban
 4351  development.
 4352         Section 166. Section 422.001, Florida Statutes, is amended
 4353  to read:
 4354         422.001 State role in housing and urban development.—The
 4355  role of state government required by part I of chapter 421
 4356  (Housing Authorities Law), chapter 422 (Housing Cooperation
 4357  Law), and chapter 423 (Tax Exemption of Housing Authorities) is
 4358  the responsibility of the Department of Commerce Economic
 4359  Opportunity; and the department is the agency of state
 4360  government responsible for the state’s role in housing and urban
 4361  development.
 4362         Section 167. Section 423.001, Florida Statutes, is amended
 4363  to read:
 4364         423.001 State role in housing and urban development.—The
 4365  role of state government required by part I of chapter 421
 4366  (Housing Authorities Law), chapter 422 (Housing Cooperation
 4367  Law), and chapter 423 (Tax Exemption of Housing Authorities) is
 4368  the responsibility of the Department of Commerce Economic
 4369  Opportunity; and the department is the agency of state
 4370  government responsible for the state’s role in housing and urban
 4371  development.
 4372         Section 168. Paragraph (g) of subsection (1) of section
 4373  427.012, Florida Statutes, is amended to read:
 4374         427.012 The Commission for the Transportation
 4375  Disadvantaged.—There is created the Commission for the
 4376  Transportation Disadvantaged in the Department of
 4377  Transportation.
 4378         (1) The commission shall consist of seven members, all of
 4379  whom shall be appointed by the Governor, in accordance with the
 4380  requirements of s. 20.052.
 4381         (g) The Secretary of Transportation, the Secretary of
 4382  Children and Families, the Secretary of Commerce Economic
 4383  Opportunity, the executive director of the Department of
 4384  Veterans’ Affairs, the Secretary of Elderly Affairs, the
 4385  Secretary of Health Care Administration, the director of the
 4386  Agency for Persons with Disabilities, and a county manager or
 4387  administrator who is appointed by the Governor, or a senior
 4388  management level representative of each, shall serve as ex
 4389  officio, nonvoting advisors to the commission.
 4390         Section 169. Subsection (2) of section 440.12, Florida
 4391  Statutes, is amended to read:
 4392         440.12 Time for commencement and limits on weekly rate of
 4393  compensation.—
 4394         (2) Compensation for disability resulting from injuries
 4395  which occur after December 31, 1974, shall not be less than $20
 4396  per week. However, if the employee’s wages at the time of injury
 4397  are less than $20 per week, he or she shall receive his or her
 4398  full weekly wages. If the employee’s wages at the time of the
 4399  injury exceed $20 per week, compensation shall not exceed an
 4400  amount per week which is:
 4401         (a) Equal to 100 percent of the statewide average weekly
 4402  wage, determined as hereinafter provided for the year in which
 4403  the injury occurred; however, the increase to 100 percent from
 4404  66 2/3 percent of the statewide average weekly wage shall apply
 4405  only to injuries occurring on or after August 1, 1979; and
 4406         (b) Adjusted to the nearest dollar.
 4407  
 4408  For the purpose of this subsection, the “statewide average
 4409  weekly wage” means the average weekly wage paid by employers
 4410  subject to the Florida Reemployment Assistance Program Law as
 4411  reported to the Department of Commerce Economic Opportunity for
 4412  the four calendar quarters ending each June 30, which average
 4413  weekly wage shall be determined by the Department of Commerce
 4414  Economic Opportunity on or before November 30 of each year and
 4415  shall be used in determining the maximum weekly compensation
 4416  rate with respect to injuries occurring in the calendar year
 4417  immediately following. The statewide average weekly wage
 4418  determined by the Department of Commerce Economic Opportunity
 4419  shall be reported annually to the Legislature.
 4420         Section 170. Paragraph (c) of subsection (9) of section
 4421  440.15, Florida Statutes, is amended to read:
 4422         440.15 Compensation for disability.—Compensation for
 4423  disability shall be paid to the employee, subject to the limits
 4424  provided in s. 440.12(2), as follows:
 4425         (9) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER AND
 4426  FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE ACT.—
 4427         (c) Disability compensation benefits payable for any week,
 4428  including those benefits provided by paragraph (1)(f), may not
 4429  be reduced pursuant to this subsection until the Social Security
 4430  Administration determines the amount otherwise payable to the
 4431  employee under 42 U.S.C. ss. 402 and 423 and the employee has
 4432  begun receiving such social security benefit payments. The
 4433  employee shall, upon demand by the department, the employer, or
 4434  the carrier, authorize the Social Security Administration to
 4435  release disability information relating to her or him and
 4436  authorize the Department of Commerce Economic Opportunity to
 4437  release reemployment assistance information relating to her or
 4438  him, in accordance with rules to be adopted by the department
 4439  prescribing the procedure and manner for requesting the
 4440  authorization and for compliance by the employee. The department
 4441  or the employer or carrier may not make any payment of benefits
 4442  for total disability or those additional benefits provided by
 4443  paragraph (1)(f) for any period during which the employee
 4444  willfully fails or refuses to authorize the release of
 4445  information in the manner and within the time prescribed by such
 4446  rules. The authority for release of disability information
 4447  granted by an employee under this paragraph is effective for a
 4448  period not to exceed 12 months and such authority may be
 4449  renewed, as the department prescribes by rule.
 4450         Section 171. Subsections (4) and (7) of section 440.381,
 4451  Florida Statutes, are amended to read:
 4452         440.381 Application for coverage; reporting payroll;
 4453  payroll audit procedures; penalties.—
 4454         (4) Each employer must submit a copy of the quarterly
 4455  earnings report required by chapter 443 at the end of each
 4456  quarter to the carrier and submit self-audits supported by the
 4457  quarterly earnings reports required by chapter 443 and the rules
 4458  adopted by the Department of Commerce Economic Opportunity or by
 4459  the state agency providing reemployment assistance tax
 4460  collection services under contract with the Department of
 4461  Commerce Economic Opportunity through an interagency agreement
 4462  pursuant to s. 443.1316. The reports must include a sworn
 4463  statement by an officer or principal of the employer attesting
 4464  to the accuracy of the information contained in the report.
 4465         (7) If an employee suffering a compensable injury was not
 4466  reported as earning wages on the last quarterly earnings report
 4467  filed with the Department of Commerce Economic Opportunity or
 4468  the state agency providing reemployment assistance tax
 4469  collection services under contract with the Department of
 4470  Commerce Economic Opportunity through an interagency agreement
 4471  pursuant to s. 443.1316 before the accident, the employer shall
 4472  indemnify the carrier for all workers’ compensation benefits
 4473  paid to or on behalf of the employee unless the employer
 4474  establishes that the employee was hired after the filing of the
 4475  quarterly report, in which case the employer and employee shall
 4476  attest to the fact that the employee was employed by the
 4477  employer at the time of the injury. Failure of the employer to
 4478  indemnify the insurer within 21 days after demand by the insurer
 4479  is grounds for the insurer to immediately cancel coverage. Any
 4480  action for indemnification brought by the carrier is cognizable
 4481  in the circuit court having jurisdiction where the employer or
 4482  carrier resides or transacts business. The insurer is entitled
 4483  to a reasonable attorney’s fee if it recovers any portion of the
 4484  benefits paid in the action.
 4485         Section 172. Subsections (1), (4), and (5) of section
 4486  443.012, Florida Statutes, are amended to read:
 4487         443.012 Reemployment Assistance Appeals Commission.—
 4488         (1) There is created within the Division of Workforce
 4489  Services of the Department of Commerce Economic Opportunity a
 4490  Reemployment Assistance Appeals Commission. The commission is
 4491  composed of a chair and two other members appointed by the
 4492  Governor, subject to confirmation by the Senate. Only one
 4493  appointee may be a representative of employers, as demonstrated
 4494  by his or her previous vocation, employment, or affiliation; and
 4495  only one appointee may be a representative of employees, as
 4496  demonstrated by his or her previous vocation, employment, or
 4497  affiliation.
 4498         (a) The chair shall devote his or her entire time to
 4499  commission duties and is responsible for the administrative
 4500  functions of the commission.
 4501         (b) The chair has authority to appoint a general counsel
 4502  and other personnel to carry out the duties and responsibilities
 4503  of the commission.
 4504         (c) The chair must have the qualifications required by law
 4505  for a judge of the circuit court and may not engage in any other
 4506  business vocation or employment. Notwithstanding any other law,
 4507  the chair shall be paid a salary equal to that paid under state
 4508  law to a judge of the circuit court.
 4509         (d) The remaining members shall be paid a stipend of $100
 4510  for each day they are engaged in the work of the commission. The
 4511  chair and other members are entitled to be reimbursed for travel
 4512  expenses, as provided in s. 112.061.
 4513         (e) The total salary and travel expenses of each member of
 4514  the commission shall be paid from the Employment Security
 4515  Administration Trust Fund.
 4516         (4) The property, personnel, and appropriations relating to
 4517  the specified authority, powers, duties, and responsibilities of
 4518  the commission shall be provided to the commission by the
 4519  Department of Commerce Economic Opportunity.
 4520         (5) The commission is not subject to control, supervision,
 4521  or direction by the Department of Commerce Economic Opportunity
 4522  in performing its powers or duties under this chapter.
 4523         Section 173. Subsections (9), (42), (44), and (46) of
 4524  section 443.036, Florida Statutes, are amended to read:
 4525         443.036 Definitions.—As used in this chapter, the term:
 4526         (9) “Benefit year” means, for an individual, the 1-year
 4527  period beginning with the first day of the first week for which
 4528  the individual first files a valid claim for benefits and,
 4529  thereafter, the 1-year period beginning with the first day of
 4530  the first week for which the individual next files a valid claim
 4531  for benefits after the termination of his or her last preceding
 4532  benefit year. Each claim for benefits made in accordance with s.
 4533  443.151(2) is a valid claim if the individual was paid wages for
 4534  insured work in accordance with s. 443.091(1)(g) and is
 4535  unemployed at the time of filing the claim. However, the
 4536  Department of Commerce Economic Opportunity may adopt rules
 4537  providing for the establishment of a uniform benefit year for
 4538  all workers in one or more groups or classes of service or
 4539  within a particular industry if the department determines, after
 4540  notice to the industry and to the workers in the industry and an
 4541  opportunity to be heard in the matter, that those groups or
 4542  classes of workers in a particular industry periodically
 4543  experience unemployment resulting from layoffs or shutdowns for
 4544  limited periods of time.
 4545         (42) “Tax collection service provider” or “service
 4546  provider” means the state agency providing reemployment
 4547  assistance tax collection services under contract with the
 4548  Department of Commerce Economic Opportunity through an
 4549  interagency agreement pursuant to s. 443.1316.
 4550         (44) “Unemployment” or “unemployed” means:
 4551         (a) An individual is “totally unemployed” in any week
 4552  during which he or she does not perform any services and for
 4553  which earned income is not payable to him or her. An individual
 4554  is “partially unemployed” in any week of less than full-time
 4555  work if the earned income payable to him or her for that week is
 4556  less than his or her weekly benefit amount. The Department of
 4557  Commerce Economic Opportunity may adopt rules prescribing
 4558  distinctions in the procedures for unemployed individuals based
 4559  on total unemployment, part-time unemployment, partial
 4560  unemployment of individuals attached to their regular jobs, and
 4561  other forms of short-time work.
 4562         (b) An individual’s week of unemployment commences only
 4563  after registration with the Department of Commerce Economic
 4564  Opportunity as required in s. 443.091.
 4565         (46) “Week” means a period of 7 consecutive days as defined
 4566  in the rules of the Department of Commerce Economic Opportunity.
 4567  The department may by rule prescribe that a week is deemed to be
 4568  “in,” “within,” or “during” the benefit year that contains the
 4569  greater part of the week.
 4570         Section 174. Paragraph (a) of subsection (2) and subsection
 4571  (3) of section 443.041, Florida Statutes, are amended to read:
 4572         443.041 Waiver of rights; fees; privileged communications.—
 4573         (2) FEES.—
 4574         (a) Except as otherwise provided in this chapter, an
 4575  individual claiming benefits may not be charged fees of any kind
 4576  in any proceeding under this chapter by the commission or the
 4577  Department of Commerce Economic Opportunity, or their
 4578  representatives, or by any court or any officer of the court. An
 4579  individual claiming benefits in any proceeding before the
 4580  commission or the department, or representatives of either, or a
 4581  court may be represented by counsel or an authorized
 4582  representative, but the counsel or representative may not charge
 4583  or receive for those services more than an amount approved by
 4584  the commission, the department, or the court.
 4585         (3) PRIVILEGED COMMUNICATIONS.—All letters, reports,
 4586  communications, or any other matters, either oral or written,
 4587  between an employer and an employee or between the Department of
 4588  Commerce Economic Opportunity or its tax collection service
 4589  provider and any of their agents, representatives, or employees
 4590  which are written, sent, delivered, or made in connection with
 4591  this chapter, are privileged and may not be the subject matter
 4592  or basis for any suit for slander or libel in any court of the
 4593  state.
 4594         Section 175. Paragraph (a) of subsection (3) of section
 4595  443.051, Florida Statutes, is amended to read:
 4596         443.051 Benefits not alienable; exception, child support
 4597  intercept.—
 4598         (3) EXCEPTION, SUPPORT INTERCEPT.—
 4599         (a) The Department of Revenue shall, at least biweekly,
 4600  provide the Department of Commerce Economic Opportunity with a
 4601  magnetic tape or other electronic data file disclosing the
 4602  individuals who owe support obligations and the amount of any
 4603  legally required deductions.
 4604         Section 176. Subsections (3) and (4), paragraph (b) of
 4605  subsection (5), and subsections (6) and (8) of section 443.071,
 4606  Florida Statutes, are amended to read:
 4607         443.071 Penalties.—
 4608         (3) Any employing unit or any officer or agent of any
 4609  employing unit or any other person who fails to furnish any
 4610  reports required under this chapter or to produce or permit the
 4611  inspection of or copying of records as required under this
 4612  chapter, who fails or refuses, within 6 months after written
 4613  demand by the Department of Commerce Economic Opportunity or its
 4614  tax collection service provider, to keep and maintain the
 4615  payroll records required by this chapter or by rule of the
 4616  department or the state agency providing tax collection
 4617  services, or who willfully fails or refuses to make any
 4618  contribution, reimbursement, or other payment required from an
 4619  employer under this chapter commits a misdemeanor of the second
 4620  degree, punishable as provided in s. 775.082 or s. 775.083.
 4621         (4) Any person who establishes a fictitious employing unit
 4622  by submitting to the Department of Commerce Economic Opportunity
 4623  or its tax collection service provider fraudulent employing unit
 4624  records or tax or wage reports by the introduction of fraudulent
 4625  records into a computer system, the intentional or deliberate
 4626  alteration or destruction of computerized information or files,
 4627  or the theft of financial instruments, data, and other assets,
 4628  for the purpose of enabling herself or himself or any other
 4629  person to receive benefits under this chapter to which such
 4630  person is not entitled, commits a felony of the third degree,
 4631  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 4632         (5) In any prosecution or action under this section, the
 4633  entry into evidence of the signature of a person on a document,
 4634  letter, or other writing constitutes prima facie evidence of the
 4635  person’s identity if the following conditions exist:
 4636         (b) The signature of the person is witnessed by an agent or
 4637  employee of the Department of Commerce Economic Opportunity or
 4638  its tax collection service provider at the time the document,
 4639  letter, or other writing is filed.
 4640         (6) The entry into evidence of an application for
 4641  reemployment assistance benefits initiated by the use of the
 4642  Internet claims program or the interactive voice response system
 4643  telephone claims program of the Department of Commerce Economic
 4644  Opportunity constitutes prima facie evidence of the
 4645  establishment of a personal benefit account by or for an
 4646  individual if the following information is provided: the
 4647  applicant’s name, residence address, date of birth, social
 4648  security number, and present or former place of work.
 4649         (8) All records relating to investigations of reemployment
 4650  assistance fraud in the custody of the Department of Commerce
 4651  Economic Opportunity or its tax collection service provider are
 4652  available for examination by the Department of Law Enforcement,
 4653  the state attorneys, or the Office of the Statewide Prosecutor
 4654  in the prosecution of offenses under s. 817.568 or in
 4655  proceedings brought under this chapter.
 4656         Section 177. Paragraph (a) of subsection (1), subsections
 4657  (2), (6), and (7), and paragraph (a) of subsection (9) of
 4658  section 443.101, Florida Statutes, are amended to read:
 4659         443.101 Disqualification for benefits.—An individual shall
 4660  be disqualified for benefits:
 4661         (1)(a) For the week in which he or she has voluntarily left
 4662  work without good cause attributable to his or her employing
 4663  unit or for the week in which he or she has been discharged by
 4664  the employing unit for misconduct connected with his or her
 4665  work, based on a finding by the Department of Commerce Economic
 4666  Opportunity. As used in this paragraph, the term “work” means
 4667  any work, whether full-time, part-time, or temporary.
 4668         1. Disqualification for voluntarily quitting continues for
 4669  the full period of unemployment next ensuing after the
 4670  individual has left his or her full-time, part-time, or
 4671  temporary work voluntarily without good cause and until the
 4672  individual has earned income equal to or greater than 17 times
 4673  his or her weekly benefit amount. As used in this subsection,
 4674  the term “good cause” includes only that cause attributable to
 4675  the employing unit which would compel a reasonable employee to
 4676  cease working or attributable to the individual’s illness or
 4677  disability requiring separation from his or her work. Any other
 4678  disqualification may not be imposed.
 4679         2. An individual is not disqualified under this subsection
 4680  for:
 4681         a. Voluntarily leaving temporary work to return immediately
 4682  when called to work by the permanent employing unit that
 4683  temporarily terminated his or her work within the previous 6
 4684  calendar months;
 4685         b. Voluntarily leaving work to relocate as a result of his
 4686  or her military-connected spouse’s permanent change of station
 4687  orders, activation orders, or unit deployment orders; or
 4688         c. Voluntarily leaving work if he or she proves that his or
 4689  her discontinued employment is a direct result of circumstances
 4690  related to domestic violence as defined in s. 741.28. An
 4691  individual who voluntarily leaves work under this sub
 4692  subparagraph must:
 4693         (I) Make reasonable efforts to preserve employment, unless
 4694  the individual establishes that such remedies are likely to be
 4695  futile or to increase the risk of future incidents of domestic
 4696  violence. Such efforts may include seeking a protective
 4697  injunction, relocating to a secure place, or seeking reasonable
 4698  accommodation from the employing unit, such as a transfer or
 4699  change of assignment;
 4700         (II) Provide evidence such as an injunction, a protective
 4701  order, or other documentation authorized by state law which
 4702  reasonably proves that domestic violence has occurred; and
 4703         (III) Reasonably believe that he or she is likely to be the
 4704  victim of a future act of domestic violence at, in transit to,
 4705  or departing from his or her place of employment.
 4706         3. The employment record of an employing unit may not be
 4707  charged for the payment of benefits to an individual who has
 4708  voluntarily left work under sub-subparagraph 2.c.
 4709         4. Disqualification for being discharged for misconduct
 4710  connected with his or her work continues for the full period of
 4711  unemployment next ensuing after having been discharged and until
 4712  the individual is reemployed and has earned income of at least
 4713  17 times his or her weekly benefit amount and for not more than
 4714  52 weeks immediately following that week, as determined by the
 4715  department in each case according to the circumstances or the
 4716  seriousness of the misconduct, under the department’s rules for
 4717  determining disqualification for benefits for misconduct.
 4718         5. If an individual has provided notification to the
 4719  employing unit of his or her intent to voluntarily leave work
 4720  and the employing unit discharges the individual for reasons
 4721  other than misconduct before the date the voluntary quit was to
 4722  take effect, the individual, if otherwise entitled, shall
 4723  receive benefits from the date of the employer’s discharge until
 4724  the effective date of his or her voluntary quit.
 4725         6. If an individual is notified by the employing unit of
 4726  the employer’s intent to discharge the individual for reasons
 4727  other than misconduct and the individual quits without good
 4728  cause before the date the discharge was to take effect, the
 4729  claimant is ineligible for benefits pursuant to s. 443.091(1)(d)
 4730  for failing to be available for work for the week or weeks of
 4731  unemployment occurring before the effective date of the
 4732  discharge.
 4733         (2) If the Department of Commerce Economic Opportunity
 4734  finds that the individual has failed without good cause to apply
 4735  for available suitable work, accept suitable work when offered
 4736  to him or her, or return to the individual’s customary self
 4737  employment when directed by the department, the disqualification
 4738  continues for the full period of unemployment next ensuing after
 4739  he or she failed without good cause to apply for available
 4740  suitable work, accept suitable work, or return to his or her
 4741  customary self-employment, and until the individual has earned
 4742  income of at least 17 times his or her weekly benefit amount.
 4743  The department shall by rule adopt criteria for determining the
 4744  “suitability of work,” as used in this section. In developing
 4745  these rules, the department shall consider the duration of a
 4746  claimant’s unemployment in determining the suitability of work
 4747  and the suitability of proposed rates of compensation for
 4748  available work. Further, after an individual has received 25
 4749  weeks of benefits in a single year, suitable work is a job that
 4750  pays the minimum wage and is 120 percent or more of the weekly
 4751  benefit amount the individual is drawing.
 4752         (a) In determining whether or not any work is suitable for
 4753  an individual, the department shall consider the degree of risk
 4754  to the individual’s health, safety, and morals; the individual’s
 4755  physical fitness, prior training, experience, prior earnings,
 4756  length of unemployment, and prospects for securing local work in
 4757  his or her customary occupation; and the distance of the
 4758  available work from his or her residence.
 4759         (b) Notwithstanding any other provisions of this chapter,
 4760  work is not deemed suitable and benefits may not be denied to
 4761  any otherwise eligible individual for refusing to accept new
 4762  work under any of the following conditions:
 4763         1. The position offered is vacant due directly to a strike,
 4764  lockout, or other labor dispute.
 4765         2. The wages, hours, or other conditions of the work
 4766  offered are substantially less favorable to the individual than
 4767  those prevailing for similar work in the locality.
 4768         3. As a condition of being employed, the individual is
 4769  required to join a company union or to resign from or refrain
 4770  from joining any bona fide labor organization.
 4771         (c) If the department finds that an individual was rejected
 4772  for offered employment as the direct result of a positive,
 4773  confirmed drug test required as a condition of employment, the
 4774  individual is disqualified for refusing to accept an offer of
 4775  suitable work.
 4776         (6) For making any false or fraudulent representation for
 4777  the purpose of obtaining benefits contrary to this chapter,
 4778  constituting a violation under s. 443.071. The disqualification
 4779  imposed under this subsection shall begin with the week for
 4780  which the false or fraudulent representation was made and shall
 4781  continue for a period not to exceed 1 year after the date the
 4782  Department of Commerce Economic Opportunity discovers the false
 4783  or fraudulent representation and until any overpayment of
 4784  benefits resulting from such representation has been repaid in
 4785  full. This disqualification may be appealed in the same manner
 4786  as any other disqualification imposed under this section. A
 4787  conviction by any court of competent jurisdiction in this state
 4788  of the offense prohibited or punished by s. 443.071 is
 4789  conclusive upon the appeals referee and the commission of the
 4790  making of the false or fraudulent representation for which
 4791  disqualification is imposed under this section.
 4792         (7) If the Department of Commerce Economic Opportunity
 4793  finds that the individual is an alien, unless the alien is an
 4794  individual who has been lawfully admitted for permanent
 4795  residence or otherwise is permanently residing in the United
 4796  States under color of law, including an alien who is lawfully
 4797  present in the United States as a result of the application of
 4798  s. 203(a)(7) or s. 212(d)(5) of the Immigration and Nationality
 4799  Act, if any modifications to s. 3304(a)(14) of the Federal
 4800  Unemployment Tax Act, as provided by Pub. L. No. 94-566, which
 4801  specify other conditions or other effective dates than those
 4802  stated under federal law for the denial of benefits based on
 4803  services performed by aliens, and which modifications are
 4804  required to be implemented under state law as a condition for
 4805  full tax credit against the tax imposed by the Federal
 4806  Unemployment Tax Act, are deemed applicable under this section,
 4807  if:
 4808         (a) Any data or information required of individuals
 4809  applying for benefits to determine whether benefits are not
 4810  payable to them because of their alien status is uniformly
 4811  required from all applicants for benefits; and
 4812         (b) In the case of an individual whose application for
 4813  benefits would otherwise be approved, a determination that
 4814  benefits to such individual are not payable because of his or
 4815  her alien status may not be made except by a preponderance of
 4816  the evidence.
 4817  
 4818  If the department finds that the individual has refused without
 4819  good cause an offer of resettlement or relocation, which offer
 4820  provides for suitable employment for the individual
 4821  notwithstanding the distance of relocation, resettlement, or
 4822  employment from the current location of the individual in this
 4823  state, this disqualification continues for the week in which the
 4824  failure occurred and for not more than 17 weeks immediately
 4825  after that week, or a reduction by not more than 5 weeks from
 4826  the duration of benefits, as determined by the department in
 4827  each case.
 4828         (9) If the individual was terminated from his or her work
 4829  as follows:
 4830         (a) If the Department of Commerce Economic Opportunity or
 4831  the Reemployment Assistance Appeals Commission finds that the
 4832  individual was terminated from work for violation of any
 4833  criminal law, under any jurisdiction, which was in connection
 4834  with his or her work, and the individual was convicted, or
 4835  entered a plea of guilty or nolo contendere, the individual is
 4836  not entitled to reemployment assistance benefits for up to 52
 4837  weeks, pursuant to rules adopted by the department, and until he
 4838  or she has earned income of at least 17 times his or her weekly
 4839  benefit amount. If, before an adjudication of guilt, an
 4840  admission of guilt, or a plea of nolo contendere, the employer
 4841  proves by competent substantial evidence to the department that
 4842  the arrest was due to a crime against the employer or the
 4843  employer’s business, customers, or invitees, the individual is
 4844  not entitled to reemployment assistance benefits.
 4845  
 4846  If an individual is disqualified for benefits, the account of
 4847  the terminating employer, if the employer is in the base period,
 4848  is noncharged at the time the disqualification is imposed.
 4849         Section 178. Subsection (1) and paragraph (a) of subsection
 4850  (5) of section 443.111, Florida Statutes, are amended to read:
 4851         443.111 Payment of benefits.—
 4852         (1) MANNER OF PAYMENT.—Benefits are payable from the fund
 4853  in accordance with rules adopted by the Department of Commerce
 4854  Economic Opportunity, subject to the following requirements:
 4855         (a) Benefits are payable electronically, except that an
 4856  individual being paid by paper warrant on July 1, 2011, may
 4857  continue to be paid in that manner until the expiration of the
 4858  claim. The department may develop a system for the payment of
 4859  benefits by electronic funds transfer, including, but not
 4860  limited to, debit cards, electronic payment cards, or any other
 4861  means of electronic payment that the department deems to be
 4862  commercially viable or cost-effective. Commodities or services
 4863  related to the development of such a system shall be procured by
 4864  competitive solicitation, unless they are purchased from a state
 4865  term contract pursuant to s. 287.056. The department shall adopt
 4866  rules necessary to administer this paragraph.
 4867         (b) As required under s. 443.091(1), each claimant must
 4868  report at least biweekly to receive reemployment assistance
 4869  benefits and to attest to the fact that she or he is able and
 4870  available for work, has not refused suitable work, is seeking
 4871  work and has met the requirements of s. 443.091(1)(d), and, if
 4872  she or he has worked, to report earnings from that work. Each
 4873  claimant must continue to report regardless of any appeal or
 4874  pending appeal relating to her or his eligibility or
 4875  disqualification for benefits.
 4876         (5) DURATION OF BENEFITS.—
 4877         (a) As used in this section, the term “Florida average
 4878  unemployment rate” means the average of the 3 months for the
 4879  most recent third calendar year quarter of the seasonally
 4880  adjusted statewide unemployment rates as published by the
 4881  Department of Commerce Economic Opportunity.
 4882         Section 179. Subsection (1), paragraph (a) of subsection
 4883  (4), and subsection (5) of section 443.1113, Florida Statutes,
 4884  are amended to read:
 4885         443.1113 Reemployment Assistance Claims and Benefits
 4886  Information System.—
 4887         (1) The Department of Commerce Economic Opportunity shall
 4888  implement an integrated, modular system hosted in a cloud
 4889  computing service, as defined in s. 282.0041, that provides for
 4890  rapid provisioning of additional data processing when necessary.
 4891  The system must support the efficient distribution of benefits
 4892  and the effective operation and management of the reemployment
 4893  assistance program. The system may be cited as the “Reemployment
 4894  Assistance Claims and Benefits Information System” and must:
 4895         (a) Be accessible through the Internet on both mobile
 4896  devices and personal computers.
 4897         (b) Process reemployment assistance claims.
 4898         (c) Process benefit payments.
 4899         (d) Process and manage overpayments.
 4900         (e) Perform adjudication functions.
 4901         (f) Process appeals and manage appeal hearings.
 4902         (g) Manage and process employer charging.
 4903         (4)(a) The Department of Commerce Economic Opportunity
 4904  shall perform an annual review of the system and identify
 4905  enhancements or modernization efforts that improve the delivery
 4906  of services to claimants and employers and reporting to state
 4907  and federal entities. These improvements must include, but need
 4908  not be limited to:
 4909         1. Infrastructure upgrades through cloud services.
 4910         2. Software improvements.
 4911         3. Enhanced data analytics and reporting.
 4912         4. Increased cybersecurity pursuant to s. 282.318.
 4913         (5) By October 1, 2023, and each year thereafter, the
 4914  Department of Commerce Economic Opportunity shall submit a
 4915  Reemployment Assistance Claims and Benefits Information System
 4916  report to the Governor, the President of the Senate, and the
 4917  Speaker of the House of Representatives. The report must, at a
 4918  minimum, include:
 4919         (a) A summary of maintenance, enhancement, and
 4920  modernization efforts over the last fiscal year.
 4921         (b) A 3-year outlook of recommended enhancements or
 4922  modernization efforts that includes projected costs and
 4923  timeframes for completion.
 4924         Section 180. Paragraph (d) of subsection (1), subsection
 4925  (2), paragraph (a) of subsection (3), and subsection (6) of
 4926  section 443.1115, Florida Statutes, are amended to read:
 4927         443.1115 Extended benefits.—
 4928         (1) DEFINITIONS.—As used in this section, the term:
 4929         (d) “Rate of insured unemployment” means the percentage
 4930  derived by dividing the average weekly number of individuals
 4931  filing claims for regular compensation in this state, excluding
 4932  extended-benefit claimants for weeks of unemployment with
 4933  respect to the most recent 13-consecutive-week period, as
 4934  determined by the Department of Commerce Economic Opportunity on
 4935  the basis of its reports to the United States Secretary of
 4936  Labor, by the average monthly employment covered under this
 4937  chapter for the first four of the most recent six completed
 4938  calendar quarters ending before the end of that 13-week period.
 4939         (2) REGULAR BENEFITS ON CLAIMS FOR, AND THE PAYMENT OF,
 4940  EXTENDED BENEFITS.—Except when the result is inconsistent with
 4941  the other provisions of this section and as provided in the
 4942  rules of the Department of Commerce Economic Opportunity, the
 4943  provisions of this chapter applying to claims for, or the
 4944  payment of, regular benefits apply to claims for, and the
 4945  payment of, extended benefits. These extended benefits are
 4946  charged to the employment records of employers to the extent
 4947  that the share of those extended benefits paid from this state’s
 4948  Unemployment Compensation Trust Fund is not eligible to be
 4949  reimbursed from federal sources.
 4950         (3) ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS.—
 4951         (a) An individual is eligible to receive extended benefits
 4952  for any week of unemployment in her or his eligibility period
 4953  only if the Department of Commerce Economic Opportunity finds
 4954  that, for that week:
 4955         1. She or he is an exhaustee as defined in subsection (1).
 4956         2. She or he satisfies the requirements of this chapter for
 4957  the receipt of regular benefits applicable to individuals
 4958  claiming extended benefits, including not being subject to
 4959  disqualification from the receipt of benefits. An individual
 4960  disqualified from receiving regular benefits may not receive
 4961  extended benefits after the disqualification period terminates
 4962  if he or she was disqualified for voluntarily leaving work,
 4963  being discharged from work for misconduct, or refusing suitable
 4964  work. However, if the disqualification period for regular
 4965  benefits terminates because the individual received the required
 4966  amount of remuneration for services rendered as a common-law
 4967  employee, she or he may receive extended benefits.
 4968         3. The individual was paid wages for insured work for the
 4969  applicable benefit year equal to 1.5 times the high quarter
 4970  earnings during the base period.
 4971         (6) COMPUTATIONS.—The Department of Commerce Economic
 4972  Opportunity shall perform the computations required under
 4973  paragraph (1)(d) in accordance with regulations of the United
 4974  States Secretary of Labor.
 4975         Section 181. Subsections (2), (3), and (4) and paragraph
 4976  (a) of subsection (5) of section 443.1116, Florida Statutes, are
 4977  amended to read:
 4978         443.1116 Short-time compensation.—
 4979         (2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.—An employer
 4980  wishing to participate in the short-time compensation program
 4981  must submit a signed, written, short-time plan to the Department
 4982  of Commerce Economic Opportunity for approval. The Secretary of
 4983  Commerce Economic Opportunity or his or her designee shall
 4984  approve the plan if:
 4985         (a) The plan applies to and identifies each specific
 4986  affected unit;
 4987         (b) The individuals in the affected unit are identified by
 4988  name and social security number;
 4989         (c) The normal weekly hours of work for individuals in the
 4990  affected unit are reduced by at least 10 percent and by not more
 4991  than 40 percent;
 4992         (d) The plan includes a certified statement by the employer
 4993  that the aggregate reduction in work hours is in lieu of layoffs
 4994  that would affect at least 10 percent of the employees in the
 4995  affected unit and that would have resulted in an equivalent
 4996  reduction in work hours;
 4997         (e) The plan applies to at least 10 percent of the
 4998  employees in the affected unit;
 4999         (f) The plan is approved in writing by the collective
 5000  bargaining agent for each collective bargaining agreement
 5001  covering any individual in the affected unit;
 5002         (g) The plan does not serve as a subsidy to seasonal
 5003  employers during the off-season or as a subsidy to employers who
 5004  traditionally use part-time employees;
 5005         (h) The plan certifies that, if the employer provides
 5006  fringe benefits to any employee whose workweek is reduced under
 5007  the program, the fringe benefits will continue to be provided to
 5008  the employee participating in the short-time compensation
 5009  program under the same terms and conditions as though the
 5010  workweek of such employee had not been reduced or to the same
 5011  extent as other employees not participating in the short-time
 5012  compensation program. As used in this paragraph, the term
 5013  “fringe benefits” includes, but is not limited to, health
 5014  insurance, retirement benefits under defined benefit pension
 5015  plans as defined in the Employee Retirement Income Security Act
 5016  of 1974, 29 U.S.C. s. 1002(35), contributions under a defined
 5017  contribution plan as defined in s. 414(i) of the Internal
 5018  Revenue Code, paid vacation and holidays, and sick leave;
 5019         (i) The plan describes the manner in which the requirements
 5020  of this subsection will be implemented, including a plan for
 5021  giving notice, if feasible, to an employee whose workweek is to
 5022  be reduced, together with an estimate of the number of layoffs
 5023  that would have occurred absent the ability to participate in
 5024  short-time compensation; and
 5025         (j) The terms of the employer’s written plan and
 5026  implementation are consistent with employer obligations under
 5027  applicable federal laws and laws of this state.
 5028         (3) APPROVAL OR DISAPPROVAL OF THE PLAN.—The Secretary of
 5029  Commerce Economic Opportunity or his or her designee shall
 5030  approve or disapprove a short-time compensation plan in writing
 5031  within 15 days after its receipt. If the plan is denied, the
 5032  secretary or his or her designee shall notify the employer of
 5033  the reasons for disapproval.
 5034         (4) BEGINNING AND TERMINATION OF SHORT-TIME COMPENSATION
 5035  BENEFIT PERIOD.—A plan takes effect on the date of its approval
 5036  by the Secretary of Commerce Economic Opportunity or his or her
 5037  designee and expires at the end of the 12th full calendar month
 5038  after its effective date.
 5039         (5) ELIGIBILITY REQUIREMENTS FOR SHORT-TIME COMPENSATION
 5040  BENEFITS.—
 5041         (a) Except as provided in this subsection, an individual is
 5042  eligible to receive short-time compensation benefits for any
 5043  week only if she or he complies with this chapter and the
 5044  Department of Commerce Economic Opportunity finds that:
 5045         1. The individual is employed as a member of an affected
 5046  unit in an approved plan that was approved before the week and
 5047  is in effect for the week;
 5048         2. The individual is able to work and is available for
 5049  additional hours of work or for full-time work with the short
 5050  time employer; and
 5051         3. The normal weekly hours of work of the individual are
 5052  reduced by at least 10 percent but not by more than 40 percent,
 5053  with a corresponding reduction in wages.
 5054         Section 182. Paragraph (a) of subsection (1) of section
 5055  443.1118, Florida Statutes, is amended to read:
 5056         443.1118 Employer-assisted claims.—
 5057         (1) DEFINITIONS.—For purposes of this section:
 5058         (a) “Department” means the Department of Commerce Economic
 5059  Opportunity.
 5060         Section 183. Subsection (3) of section 443.1215, Florida
 5061  Statutes, is amended to read:
 5062         443.1215 Employers.—
 5063         (3) An employing unit that fails to keep the records of
 5064  employment required by this chapter and by the rules of the
 5065  Department of Commerce Economic Opportunity and the state agency
 5066  providing reemployment assistance tax collection services is
 5067  presumed to be an employer liable for the payment of
 5068  contributions under this chapter, regardless of the number of
 5069  individuals employed by the employing unit. However, the tax
 5070  collection service provider shall make written demand that the
 5071  employing unit keep and maintain required payroll records. The
 5072  demand must be made at least 6 months before assessing
 5073  contributions against an employing unit determined to be an
 5074  employer that is subject to this chapter solely by reason of
 5075  this subsection.
 5076         Section 184. Paragraph (a) of subsection (1), subsection
 5077  (12), and paragraph (p) of subsection (13) of section 443.1216,
 5078  Florida Statutes, are amended to read:
 5079         443.1216 Employment.—Employment, as defined in s. 443.036,
 5080  is subject to this chapter under the following conditions:
 5081         (1)(a) The employment subject to this chapter includes a
 5082  service performed, including a service performed in interstate
 5083  commerce, by:
 5084         1. An officer of a corporation.
 5085         2. An individual who, under the usual common-law rules
 5086  applicable in determining the employer-employee relationship, is
 5087  an employee. However, whenever a client, as defined in s.
 5088  443.036(18), which would otherwise be designated as an employing
 5089  unit has contracted with an employee leasing company to supply
 5090  it with workers, those workers are considered employees of the
 5091  employee leasing company. An employee leasing company may lease
 5092  corporate officers of the client to the client and other workers
 5093  to the client, except as prohibited by regulations of the
 5094  Internal Revenue Service. Employees of an employee leasing
 5095  company must be reported under the employee leasing company’s
 5096  tax identification number and contribution rate for work
 5097  performed for the employee leasing company.
 5098         a. However, except for the internal employees of an
 5099  employee leasing company, each employee leasing company may make
 5100  a separate one-time election to report and pay contributions
 5101  under the tax identification number and contribution rate for
 5102  each client of the employee leasing company. Under the client
 5103  method, an employee leasing company choosing this option must
 5104  assign leased employees to the client company that is leasing
 5105  the employees. The client method is solely a method to report
 5106  and pay unemployment contributions, and, whichever method is
 5107  chosen, such election may not impact any other aspect of state
 5108  law. An employee leasing company that elects the client method
 5109  must pay contributions at the rates assigned to each client
 5110  company.
 5111         (I) The election applies to all of the employee leasing
 5112  company’s current and future clients.
 5113         (II) The employee leasing company must notify the
 5114  Department of Revenue of its election by July 1, 2012, and such
 5115  election applies to reports and contributions for the first
 5116  quarter of the following calendar year. The notification must
 5117  include:
 5118         (A) A list of each client company and the unemployment
 5119  account number or, if one has not yet been issued, the federal
 5120  employment identification number, as established by the employee
 5121  leasing company upon the election to file by client method;
 5122         (B) A list of each client company’s current and previous
 5123  employees and their respective social security numbers for the
 5124  prior 3 state fiscal years or, if the client company has not
 5125  been a client for the prior 3 state fiscal years, such portion
 5126  of the prior 3 state fiscal years that the client company has
 5127  been a client must be supplied;
 5128         (C) The wage data and benefit charges associated with each
 5129  client company for the prior 3 state fiscal years or, if the
 5130  client company has not been a client for the prior 3 state
 5131  fiscal years, such portion of the prior 3 state fiscal years
 5132  that the client company has been a client must be supplied. If
 5133  the client company’s employment record is chargeable with
 5134  benefits for less than 8 calendar quarters while being a client
 5135  of the employee leasing company, the client company must pay
 5136  contributions at the initial rate of 2.7 percent; and
 5137         (D) The wage data and benefit charges for the prior 3 state
 5138  fiscal years that cannot be associated with a client company
 5139  must be reported and charged to the employee leasing company.
 5140         (III) Subsequent to choosing the client method, the
 5141  employee leasing company may not change its reporting method.
 5142         (IV) The employee leasing company shall file a Florida
 5143  Department of Revenue Employer’s Quarterly Report for each
 5144  client company by approved electronic means, and pay all
 5145  contributions by approved electronic means.
 5146         (V) For the purposes of calculating experience rates when
 5147  the client method is chosen, each client’s own benefit charges
 5148  and wage data experience while with the employee leasing company
 5149  determines each client’s tax rate where the client has been a
 5150  client of the employee leasing company for at least 8 calendar
 5151  quarters before the election. The client company shall continue
 5152  to report the nonleased employees under its tax rate.
 5153         (VI) The election is binding on each client of the employee
 5154  leasing company for as long as a written agreement is in effect
 5155  between the client and the employee leasing company pursuant to
 5156  s. 468.525(3)(a). If the relationship between the employee
 5157  leasing company and the client terminates, the client retains
 5158  the wage and benefit history experienced under the employee
 5159  leasing company.
 5160         (VII) Notwithstanding which election method the employee
 5161  leasing company chooses, the applicable client company is an
 5162  employing unit for purposes of s. 443.071. The employee leasing
 5163  company or any of its officers or agents are liable for any
 5164  violation of s. 443.071 engaged in by such persons or entities.
 5165  The applicable client company or any of its officers or agents
 5166  are liable for any violation of s. 443.071 engaged in by such
 5167  persons or entities. The employee leasing company or its
 5168  applicable client company is not liable for any violation of s.
 5169  443.071 engaged in by the other party or by the other party’s
 5170  officers or agents.
 5171         (VIII) If an employee leasing company fails to select the
 5172  client method of reporting not later than July 1, 2012, the
 5173  entity is required to report under the employee leasing
 5174  company’s tax identification number and contribution rate.
 5175         (IX) After an employee leasing company is licensed pursuant
 5176  to part XI of chapter 468, each newly licensed entity has 30
 5177  days after the date the license is granted to notify the tax
 5178  collection service provider in writing of their selection of the
 5179  client method. A newly licensed employee leasing company that
 5180  fails to timely select reporting pursuant to the client method
 5181  of reporting must report under the employee leasing company’s
 5182  tax identification number and contribution rate.
 5183         (X) Irrespective of the election, each transfer of trade or
 5184  business, including workforce, or a portion thereof, between
 5185  employee leasing companies is subject to the provisions of s.
 5186  443.131(3)(h) if, at the time of the transfer, there is common
 5187  ownership, management, or control between the entities.
 5188         b. In addition to any other report required to be filed by
 5189  law, an employee leasing company shall submit a report to the
 5190  Labor Market Statistics Center within the Department of Commerce
 5191  Economic Opportunity which includes each client establishment
 5192  and each establishment of the leasing company, or as otherwise
 5193  directed by the department. The report must include the
 5194  following information for each establishment:
 5195         (I) The trade or establishment name;
 5196         (II) The former reemployment assistance account number, if
 5197  available;
 5198         (III) The former federal employer’s identification number,
 5199  if available;
 5200         (IV) The industry code recognized and published by the
 5201  United States Office of Management and Budget, if available;
 5202         (V) A description of the client’s primary business activity
 5203  in order to verify or assign an industry code;
 5204         (VI) The address of the physical location;
 5205         (VII) The number of full-time and part-time employees who
 5206  worked during, or received pay that was subject to reemployment
 5207  assistance taxes for, the pay period including the 12th of the
 5208  month for each month of the quarter;
 5209         (VIII) The total wages subject to reemployment assistance
 5210  taxes paid during the calendar quarter;
 5211         (IX) An internal identification code to uniquely identify
 5212  each establishment of each client;
 5213         (X) The month and year that the client entered into the
 5214  contract for services; and
 5215         (XI) The month and year that the client terminated the
 5216  contract for services.
 5217         c. The report must be submitted electronically or in a
 5218  manner otherwise prescribed by the Department of Commerce
 5219  Economic Opportunity in the format specified by the Bureau of
 5220  Labor Statistics of the United States Department of Labor for
 5221  its Multiple Worksite Report for Professional Employer
 5222  Organizations. The report must be provided quarterly to the
 5223  Labor Market Statistics Center within the department, or as
 5224  otherwise directed by the department, and must be filed by the
 5225  last day of the month immediately after the end of the calendar
 5226  quarter. The information required in sub-sub-subparagraphs b.(X)
 5227  and (XI) need be provided only in the quarter in which the
 5228  contract to which it relates was entered into or terminated. The
 5229  sum of the employment data and the sum of the wage data in this
 5230  report must match the employment and wages reported in the
 5231  reemployment assistance quarterly tax and wage report.
 5232         d. The department shall adopt rules as necessary to
 5233  administer this subparagraph, and may administer, collect,
 5234  enforce, and waive the penalty imposed by s. 443.141(1)(b) for
 5235  the report required by this subparagraph.
 5236         e. For the purposes of this subparagraph, the term
 5237  “establishment” means any location where business is conducted
 5238  or where services or industrial operations are performed.
 5239         3. An individual other than an individual who is an
 5240  employee under subparagraph 1. or subparagraph 2., who performs
 5241  services for remuneration for any person:
 5242         a. As an agent-driver or commission-driver engaged in
 5243  distributing meat products, vegetable products, fruit products,
 5244  bakery products, beverages other than milk, or laundry or
 5245  drycleaning services for his or her principal.
 5246         b. As a traveling or city salesperson engaged on a full
 5247  time basis in the solicitation on behalf of, and the
 5248  transmission to, his or her principal of orders from
 5249  wholesalers, retailers, contractors, or operators of hotels,
 5250  restaurants, or other similar establishments for merchandise for
 5251  resale or supplies for use in the business operations. This sub
 5252  subparagraph does not apply to an agent-driver or a commission
 5253  driver and does not apply to sideline sales activities performed
 5254  on behalf of a person other than the salesperson’s principal.
 5255         4. The services described in subparagraph 3. are employment
 5256  subject to this chapter only if:
 5257         a. The contract of service contemplates that substantially
 5258  all of the services are to be performed personally by the
 5259  individual;
 5260         b. The individual does not have a substantial investment in
 5261  facilities used in connection with the services, other than
 5262  facilities used for transportation; and
 5263         c. The services are not in the nature of a single
 5264  transaction that is not part of a continuing relationship with
 5265  the person for whom the services are performed.
 5266         (12) The employment subject to this chapter includes
 5267  services covered by a reciprocal arrangement under s. 443.221
 5268  between the Department of Commerce Economic Opportunity or its
 5269  tax collection service provider and the agency charged with the
 5270  administration of another state reemployment assistance or
 5271  unemployment compensation law or a federal reemployment
 5272  assistance or unemployment compensation law, under which all
 5273  services performed by an individual for an employing unit are
 5274  deemed to be performed entirely within this state, if the
 5275  department or its tax collection service provider approved an
 5276  election of the employing unit in which all of the services
 5277  performed by the individual during the period covered by the
 5278  election are deemed to be insured work.
 5279         (13) The following are exempt from coverage under this
 5280  chapter:
 5281         (p) Service covered by an arrangement between the
 5282  Department of Commerce Economic Opportunity, or its tax
 5283  collection service provider, and the agency charged with the
 5284  administration of another state or federal reemployment
 5285  assistance or unemployment compensation law under which all
 5286  services performed by an individual for an employing unit during
 5287  the period covered by the employing unit’s duly approved
 5288  election is deemed to be performed entirely within the other
 5289  agency’s state or under the federal law.
 5290         Section 185. Subsection (1) of section 443.1217, Florida
 5291  Statutes, is amended to read:
 5292         443.1217 Wages.—
 5293         (1) The wages subject to this chapter include all
 5294  remuneration for employment, including commissions, bonuses,
 5295  back pay awards, and the cash value of all remuneration paid in
 5296  any medium other than cash. The reasonable cash value of
 5297  remuneration in any medium other than cash must be estimated and
 5298  determined in accordance with rules adopted by the Department of
 5299  Commerce Economic Opportunity or the state agency providing tax
 5300  collection services. The wages subject to this chapter include
 5301  tips or gratuities received while performing services that
 5302  constitute employment and are included in a written statement
 5303  furnished to the employer under s. 6053(a) of the Internal
 5304  Revenue Code of 1954. As used in this section only, the term
 5305  “employment” includes services constituting employment under any
 5306  employment security law of another state or of the Federal
 5307  Government.
 5308         Section 186. Subsection (1) and paragraphs (a), (e), (i),
 5309  and (j) of subsection (3) of section 443.131, Florida Statutes,
 5310  are amended to read:
 5311         443.131 Contributions.—
 5312         (1) PAYMENT OF CONTRIBUTIONS.—Contributions accrue and are
 5313  payable by each employer for each calendar quarter he or she is
 5314  subject to this chapter for wages paid during each calendar
 5315  quarter for employment. Contributions are due and payable by
 5316  each employer to the tax collection service provider, in
 5317  accordance with the rules adopted by the Department of Commerce
 5318  Economic Opportunity or the state agency providing tax
 5319  collection services. This subsection does not prohibit the tax
 5320  collection service provider from allowing, at the request of the
 5321  employer, employers of employees performing domestic services,
 5322  as defined in s. 443.1216(6), to pay contributions or report
 5323  wages at intervals other than quarterly when the nonquarterly
 5324  payment or reporting assists the service provider and when
 5325  nonquarterly payment and reporting is authorized under federal
 5326  law. Employers of employees performing domestic services may
 5327  report wages and pay contributions annually, with a due date of
 5328  no later than January 31, unless that day is a Saturday, Sunday,
 5329  or holiday, in which event the due date is the next day that is
 5330  not a Saturday, Sunday, or holiday. For purposes of this
 5331  subsection, the term “holiday” means a day designated under s.
 5332  110.117(1) and (2) or any other day when the offices of the
 5333  United States Postal Service are closed. To qualify for this
 5334  election, the employer must employ only employees performing
 5335  domestic services, be eligible for a variation from the standard
 5336  rate computed under subsection (3), apply to this program no
 5337  later than December 1 of the preceding calendar year, and agree
 5338  to provide the department or its tax collection service provider
 5339  with any special reports that are requested, including copies of
 5340  all federal employment tax forms. An employer who fails to
 5341  timely furnish any wage information required by the department
 5342  or its tax collection service provider loses the privilege to
 5343  participate in this program, effective the calendar quarter
 5344  immediately after the calendar quarter the failure occurred. The
 5345  employer may reapply for annual reporting when a complete
 5346  calendar year elapses after the employer’s disqualification if
 5347  the employer timely furnished any requested wage information
 5348  during the period in which annual reporting was denied. An
 5349  employer may not deduct contributions, interests, penalties,
 5350  fines, or fees required under this chapter from any part of the
 5351  wages of his or her employees. A fractional part of a cent less
 5352  than one-half cent shall be disregarded from the payment of
 5353  contributions, but a fractional part of at least one-half cent
 5354  shall be increased to 1 cent.
 5355         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
 5356  EXPERIENCE.—
 5357         (a) Employment records.—The regular and short-time
 5358  compensation benefits paid to an eligible individual shall be
 5359  charged to the employment record of each employer who paid the
 5360  individual wages of at least $100 during the individual’s base
 5361  period in proportion to the total wages paid by all employers
 5362  who paid the individual wages during the individual’s base
 5363  period. Benefits may not be charged to the employment record of
 5364  an employer who furnishes part-time work to an individual who,
 5365  because of loss of employment with one or more other employers,
 5366  is eligible for partial benefits while being furnished part-time
 5367  work by the employer on substantially the same basis and in
 5368  substantially the same amount as the individual’s employment
 5369  during his or her base period, regardless of whether this part
 5370  time work is simultaneous or successive to the individual’s lost
 5371  employment. Further, as provided in s. 443.151(3), benefits may
 5372  not be charged to the employment record of an employer who
 5373  furnishes the Department of Commerce Economic Opportunity with
 5374  notice, as prescribed in rules of the department, that any of
 5375  the following apply:
 5376         1. If an individual leaves his or her work without good
 5377  cause attributable to the employer or is discharged by the
 5378  employer for misconduct connected with his or her work, benefits
 5379  subsequently paid to the individual based on wages paid by the
 5380  employer before the separation may not be charged to the
 5381  employment record of the employer.
 5382         2. If an individual is discharged by the employer for
 5383  unsatisfactory performance during an initial employment
 5384  probationary period, benefits subsequently paid to the
 5385  individual based on wages paid during the probationary period by
 5386  the employer before the separation may not be charged to the
 5387  employer’s employment record. As used in this subparagraph, the
 5388  term “initial employment probationary period” means an
 5389  established probationary plan that applies to all employees or a
 5390  specific group of employees and that does not exceed 90 calendar
 5391  days following the first day a new employee begins work. The
 5392  employee must be informed of the probationary period within the
 5393  first 7 days of work. The employer must demonstrate by
 5394  conclusive evidence that the individual was separated because of
 5395  unsatisfactory work performance and not because of lack of work
 5396  due to temporary, seasonal, casual, or other similar employment
 5397  that is not of a regular, permanent, and year-round nature.
 5398         3. Benefits subsequently paid to an individual after his or
 5399  her refusal without good cause to accept suitable work from an
 5400  employer may not be charged to the employment record of the
 5401  employer if any part of those benefits are based on wages paid
 5402  by the employer before the individual’s refusal to accept
 5403  suitable work. As used in this subparagraph, the term “good
 5404  cause” does not include distance to employment caused by a
 5405  change of residence by the individual. The department shall
 5406  adopt rules prescribing for the payment of all benefits whether
 5407  this subparagraph applies regardless of whether a
 5408  disqualification under s. 443.101 applies to the claim.
 5409         4. If an individual is separated from work as a direct
 5410  result of a natural disaster declared under the Robert T.
 5411  Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
 5412  ss. 5121 et seq., benefits subsequently paid to the individual
 5413  based on wages paid by the employer before the separation may
 5414  not be charged to the employment record of the employer.
 5415         5. If an individual is separated from work as a direct
 5416  result of an oil spill, terrorist attack, or other similar
 5417  disaster of national significance not subject to a declaration
 5418  under the Robert T. Stafford Disaster Relief and Emergency
 5419  Assistance Act, benefits subsequently paid to the individual
 5420  based on wages paid by the employer before the separation may
 5421  not be charged to the employment record of the employer.
 5422         6. If an individual is separated from work as a direct
 5423  result of domestic violence and meets all requirements in s.
 5424  443.101(1)(a)2.c., benefits subsequently paid to the individual
 5425  based on wages paid by the employer before separation may not be
 5426  charged to the employment record of the employer.
 5427         (e) Assignment of variations from the standard rate.—
 5428         1. As used in this paragraph, the terms “total benefit
 5429  payments,” “benefits paid to an individual,” and “benefits
 5430  charged to the employment record of an employer” mean the amount
 5431  of benefits paid to individuals multiplied by:
 5432         a. For benefits paid prior to July 1, 2007, 1.
 5433         b. For benefits paid during the period beginning on July 1,
 5434  2007, and ending March 31, 2011, 0.90.
 5435         c. For benefits paid after March 31, 2011, 1.
 5436         d. For benefits paid during the period beginning April 1,
 5437  2020, and ending December 31, 2020, 0.
 5438         e. For benefits paid during the period beginning January 1,
 5439  2021, and ending June 30, 2021, 1, except as otherwise adjusted
 5440  in accordance with paragraph (f).
 5441         2. For the calculation of contribution rates effective
 5442  January 1, 2012, and thereafter:
 5443         a. The tax collection service provider shall assign a
 5444  variation from the standard rate of contributions for each
 5445  calendar year to each eligible employer. In determining the
 5446  contribution rate, varying from the standard rate to be assigned
 5447  each employer, adjustment factors computed under sub-sub
 5448  subparagraphs (I)-(IV) are added to the benefit ratio. This
 5449  addition shall be accomplished in two steps by adding a variable
 5450  adjustment factor and a final adjustment factor. The sum of
 5451  these adjustment factors computed under sub-sub-subparagraphs
 5452  (I)-(IV) shall first be algebraically summed. The sum of these
 5453  adjustment factors shall next be divided by a gross benefit
 5454  ratio determined as follows: Total benefit payments for the 3
 5455  year period described in subparagraph (b)3. are charged to
 5456  employers eligible for a variation from the standard rate, minus
 5457  excess payments for the same period, divided by taxable payroll
 5458  entering into the computation of individual benefit ratios for
 5459  the calendar year for which the contribution rate is being
 5460  computed. The ratio of the sum of the adjustment factors
 5461  computed under sub-sub-subparagraphs (I)-(IV) to the gross
 5462  benefit ratio is multiplied by each individual benefit ratio
 5463  that is less than the maximum contribution rate to obtain
 5464  variable adjustment factors; except that if the sum of an
 5465  employer’s individual benefit ratio and variable adjustment
 5466  factor exceeds the maximum contribution rate, the variable
 5467  adjustment factor is reduced in order for the sum to equal the
 5468  maximum contribution rate. The variable adjustment factor for
 5469  each of these employers is multiplied by his or her taxable
 5470  payroll entering into the computation of his or her benefit
 5471  ratio. The sum of these products is divided by the taxable
 5472  payroll of the employers who entered into the computation of
 5473  their benefit ratios. The resulting ratio is subtracted from the
 5474  sum of the adjustment factors computed under sub-sub
 5475  subparagraphs (I)-(IV) to obtain the final adjustment factor.
 5476  The variable adjustment factors and the final adjustment factor
 5477  must be computed to five decimal places and rounded to the
 5478  fourth decimal place. This final adjustment factor is added to
 5479  the variable adjustment factor and benefit ratio of each
 5480  employer to obtain each employer’s contribution rate. An
 5481  employer’s contribution rate may not, however, be rounded to
 5482  less than 0.1 percent. In determining the contribution rate,
 5483  varying from the standard rate to be assigned, the computation
 5484  shall exclude any benefit that is excluded by the multipliers
 5485  under subparagraph (b)2. and subparagraph 1. The computation of
 5486  the contribution rate, varying from the standard rate to be
 5487  assigned, shall also exclude any benefit paid as a result of a
 5488  governmental order related to COVID-19 to close or reduce
 5489  capacity of a business. In addition, the contribution rate for
 5490  the 2021 and 2022 calendar years shall be calculated without the
 5491  application of the positive adjustment factor in sub-sub
 5492  subparagraph (III).
 5493         (I) An adjustment factor for noncharge benefits is computed
 5494  to the fifth decimal place and rounded to the fourth decimal
 5495  place by dividing the amount of noncharge benefits during the 3
 5496  year period described in subparagraph (b)3. by the taxable
 5497  payroll of employers eligible for a variation from the standard
 5498  rate who have a benefit ratio for the current year which is less
 5499  than the maximum contribution rate. For purposes of computing
 5500  this adjustment factor, the taxable payroll of these employers
 5501  is the taxable payrolls for the 3 years ending June 30 of the
 5502  current calendar year as reported to the tax collection service
 5503  provider by September 30 of the same calendar year. As used in
 5504  this sub-sub-subparagraph, the term “noncharge benefits” means
 5505  benefits paid to an individual, as adjusted pursuant to
 5506  subparagraph (b)2. and subparagraph 1., from the Unemployment
 5507  Compensation Trust Fund which were not charged to the employment
 5508  record of any employer, but excluding any benefit paid as a
 5509  result of a governmental order related to COVID-19 to close or
 5510  reduce capacity of a business.
 5511         (II) An adjustment factor for excess payments is computed
 5512  to the fifth decimal place, and rounded to the fourth decimal
 5513  place by dividing the total excess payments during the 3-year
 5514  period described in subparagraph (b)3. by the taxable payroll of
 5515  employers eligible for a variation from the standard rate who
 5516  have a benefit ratio for the current year which is less than the
 5517  maximum contribution rate. For purposes of computing this
 5518  adjustment factor, the taxable payroll of these employers is the
 5519  same figure used to compute the adjustment factor for noncharge
 5520  benefits under sub-sub-subparagraph (I). As used in this sub
 5521  subparagraph, the term “excess payments” means the amount of
 5522  benefits charged to the employment record of an employer, as
 5523  adjusted pursuant to subparagraph (b)2. and subparagraph 1.,
 5524  during the 3-year period described in subparagraph (b)3., but
 5525  excluding any benefit paid as a result of a governmental order
 5526  related to COVID-19 to close or reduce capacity of a business,
 5527  less the product of the maximum contribution rate and the
 5528  employer’s taxable payroll for the 3 years ending June 30 of the
 5529  current calendar year as reported to the tax collection service
 5530  provider by September 30 of the same calendar year. As used in
 5531  this sub-sub-subparagraph, the term “total excess payments”
 5532  means the sum of the individual employer excess payments for
 5533  those employers that were eligible for assignment of a
 5534  contribution rate different from the standard rate.
 5535         (III) With respect to computing a positive adjustment
 5536  factor:
 5537         (A) Beginning January 1, 2012, if the balance of the
 5538  Unemployment Compensation Trust Fund on September 30 of the
 5539  calendar year immediately preceding the calendar year for which
 5540  the contribution rate is being computed is less than 4 percent
 5541  of the taxable payrolls for the year ending June 30 as reported
 5542  to the tax collection service provider by September 30 of that
 5543  calendar year, a positive adjustment factor shall be computed.
 5544  The positive adjustment factor is computed annually to the fifth
 5545  decimal place and rounded to the fourth decimal place by
 5546  dividing the sum of the total taxable payrolls for the year
 5547  ending June 30 of the current calendar year as reported to the
 5548  tax collection service provider by September 30 of that calendar
 5549  year into a sum equal to one-fifth of the difference between the
 5550  balance of the fund as of September 30 of that calendar year and
 5551  the sum of 5 percent of the total taxable payrolls for that
 5552  year. The positive adjustment factor remains in effect for
 5553  subsequent years until the balance of the Unemployment
 5554  Compensation Trust Fund as of September 30 of the year
 5555  immediately preceding the effective date of the contribution
 5556  rate equals or exceeds 4 percent of the taxable payrolls for the
 5557  year ending June 30 of the current calendar year as reported to
 5558  the tax collection service provider by September 30 of that
 5559  calendar year.
 5560         (B) Beginning January 1, 2018, and for each year
 5561  thereafter, the positive adjustment shall be computed by
 5562  dividing the sum of the total taxable payrolls for the year
 5563  ending June 30 of the current calendar year as reported to the
 5564  tax collection service provider by September 30 of that calendar
 5565  year into a sum equal to one-fourth of the difference between
 5566  the balance of the fund as of September 30 of that calendar year
 5567  and the sum of 5 percent of the total taxable payrolls for that
 5568  year. The positive adjustment factor remains in effect for
 5569  subsequent years until the balance of the Unemployment
 5570  Compensation Trust Fund as of September 30 of the year
 5571  immediately preceding the effective date of the contribution
 5572  rate equals or exceeds 4 percent of the taxable payrolls for the
 5573  year ending June 30 of the current calendar year as reported to
 5574  the tax collection service provider by September 30 of that
 5575  calendar year.
 5576         (IV) If, beginning January 1, 2015, and each year
 5577  thereafter, the balance of the Unemployment Compensation Trust
 5578  Fund as of September 30 of the year immediately preceding the
 5579  calendar year for which the contribution rate is being computed
 5580  exceeds 5 percent of the taxable payrolls for the year ending
 5581  June 30 of the current calendar year as reported to the tax
 5582  collection service provider by September 30 of that calendar
 5583  year, a negative adjustment factor must be computed. The
 5584  negative adjustment factor shall be computed annually beginning
 5585  on January 1, 2015, and each year thereafter, to the fifth
 5586  decimal place and rounded to the fourth decimal place by
 5587  dividing the sum of the total taxable payrolls for the year
 5588  ending June 30 of the current calendar year as reported to the
 5589  tax collection service provider by September 30 of the calendar
 5590  year into a sum equal to one-fourth of the difference between
 5591  the balance of the fund as of September 30 of the current
 5592  calendar year and 5 percent of the total taxable payrolls of
 5593  that year. The negative adjustment factor remains in effect for
 5594  subsequent years until the balance of the Unemployment
 5595  Compensation Trust Fund as of September 30 of the year
 5596  immediately preceding the effective date of the contribution
 5597  rate is less than 5 percent, but more than 4 percent of the
 5598  taxable payrolls for the year ending June 30 of the current
 5599  calendar year as reported to the tax collection service provider
 5600  by September 30 of that calendar year. The negative adjustment
 5601  authorized by this section is suspended in any calendar year in
 5602  which repayment of the principal amount of an advance received
 5603  from the federal Unemployment Compensation Trust Fund under 42
 5604  U.S.C. s. 1321 is due to the Federal Government.
 5605         (V) The maximum contribution rate that may be assigned to
 5606  an employer is 5.4 percent, except employers participating in an
 5607  approved short-time compensation plan may be assigned a maximum
 5608  contribution rate that is 1 percent greater than the maximum
 5609  contribution rate for other employers in any calendar year in
 5610  which short-time compensation benefits are charged to the
 5611  employer’s employment record.
 5612         (VI) As used in this subsection, “taxable payroll” shall be
 5613  determined by excluding any part of the remuneration paid to an
 5614  individual by an employer for employment during a calendar year
 5615  in excess of the first $7,000. Beginning January 1, 2012,
 5616  “taxable payroll” shall be determined by excluding any part of
 5617  the remuneration paid to an individual by an employer for
 5618  employment during a calendar year as described in s.
 5619  443.1217(2). For the purposes of the employer rate calculation
 5620  that will take effect in January 1, 2012, and in January 1,
 5621  2013, the tax collection service provider shall use the data
 5622  available for taxable payroll from 2009 based on excluding any
 5623  part of the remuneration paid to an individual by an employer
 5624  for employment during a calendar year in excess of the first
 5625  $7,000, and from 2010 and 2011, the data available for taxable
 5626  payroll based on excluding any part of the remuneration paid to
 5627  an individual by an employer for employment during a calendar
 5628  year in excess of the first $8,500.
 5629         b. If the transfer of an employer’s employment record to an
 5630  employing unit under paragraph (g) which, before the transfer,
 5631  was an employer, the tax collection service provider shall
 5632  recompute a benefit ratio for the successor employer based on
 5633  the combined employment records and reassign an appropriate
 5634  contribution rate to the successor employer effective on the
 5635  first day of the calendar quarter immediately after the
 5636  effective date of the transfer.
 5637         3. The tax collection service provider shall reissue rates
 5638  for the 2021 calendar year. However, an employer shall continue
 5639  to timely file its employer’s quarterly reports and pay the
 5640  contributions due in a timely manner in accordance with the
 5641  rules of the Department of Commerce Economic Opportunity. The
 5642  Department of Revenue shall post the revised rates on its
 5643  website to enable employers to securely review the revised
 5644  rates. For contributions for the first quarter of the 2021
 5645  calendar year, if any employer remits to the tax collection
 5646  service provider an amount in excess of the amount that would be
 5647  due as calculated pursuant to this paragraph, the tax collection
 5648  service provider shall refund the excess amount from the amount
 5649  erroneously collected. Notwithstanding s. 443.141(6), refunds
 5650  issued through August 31, 2021, for first quarter 2021
 5651  contributions must be paid from the General Revenue Fund.
 5652         4. The tax collection service provider shall calculate and
 5653  assign contribution rates effective January 1, 2022, through
 5654  December 31, 2022, excluding any benefit charge that is excluded
 5655  by the multipliers under subparagraph (b)2. and subparagraph 1.;
 5656  without the application of the positive adjustment factor in
 5657  sub-sub-subparagraph 2.a.(III); and without the inclusion of any
 5658  benefit charge directly related to COVID-19 as a result of a
 5659  governmental order to close or reduce capacity of a business, as
 5660  determined by the Department of Commerce Economic Opportunity,
 5661  for each employer who is eligible for a variation from the
 5662  standard rate pursuant to paragraph (d). The Department of
 5663  Commerce Economic Opportunity shall provide the tax collection
 5664  service provider with all necessary benefit charge information
 5665  by August 1, 2021, including specific information for
 5666  adjustments related to COVID-19 charges resulting from a
 5667  governmental order to close or reduce capacity of a business, to
 5668  enable the tax collection service provider to calculate and
 5669  issue tax rates effective January 1, 2022. The tax collection
 5670  service provider shall calculate and post rates for the 2022
 5671  calendar year by March 1, 2022.
 5672         5. Subject to subparagraph 6., the tax collection service
 5673  provider shall calculate and assign contribution rates effective
 5674  January 1, 2023, through December 31, 2025, excluding any
 5675  benefit charge that is excluded by the multipliers under
 5676  subparagraph (b)2. and subparagraph 1.; without the application
 5677  of the positive adjustment factor in sub-sub-subparagraph
 5678  2.a.(III); and without the inclusion of any benefit charge
 5679  directly related to COVID-19 as a result of a governmental order
 5680  to close or reduce capacity of a business, as determined by the
 5681  Department of Commerce Economic Opportunity, for each employer
 5682  who is eligible for a variation from the standard rate pursuant
 5683  to paragraph (d). The Department of Commerce Economic
 5684  Opportunity shall provide the tax collection service provider
 5685  with all necessary benefit charge information by August 1 of
 5686  each year, including specific information for adjustments
 5687  related to COVID-19 charges resulting from a governmental order
 5688  to close or reduce capacity of a business, to enable the tax
 5689  collection service provider to calculate and issue tax rates
 5690  effective the following January.
 5691         6. If the balance of the Unemployment Compensation Trust
 5692  Fund on June 30 of any year exceeds $4,071,519,600, subparagraph
 5693  5. is repealed for rates effective the following years. The
 5694  Office of Economic and Demographic Research shall advise the tax
 5695  collection service provider of the balance of the trust fund on
 5696  June 30 by August 1 of that year. After the repeal of
 5697  subparagraph 5. and notwithstanding the dates specified in that
 5698  subparagraph, the tax collection service provider shall
 5699  calculate and assign contribution rates for each subsequent
 5700  calendar year as otherwise provided in this section.
 5701         (i) Additional conditions for variation from the standard
 5702  rate.—An employer’s contribution rate may not be reduced below
 5703  the standard rate under this section unless:
 5704         1. All contributions, reimbursements, interest, and
 5705  penalties incurred by the employer for wages paid by him or her
 5706  in all previous calendar quarters, except the 4 calendar
 5707  quarters immediately preceding the calendar quarter or calendar
 5708  year for which the benefit ratio is computed, are paid;
 5709         2. The employer has produced for inspection and copying all
 5710  work records in his or her possession, custody, or control which
 5711  were requested by the Department of Commerce Economic
 5712  Opportunity or its tax collection service provider pursuant to
 5713  s. 443.171(5). An employer shall have at least 60 days to
 5714  provide the requested work records before the employer is
 5715  assigned the standard rate; and
 5716         3. The employer entitled to a rate reduction has at least
 5717  one annual payroll as defined in subparagraph (b)1. unless the
 5718  employer is eligible for additional credit under the Federal
 5719  Unemployment Tax Act. If the Federal Unemployment Tax Act is
 5720  amended or repealed in a manner affecting credit under the
 5721  federal act, this section applies only to the extent that
 5722  additional credit is allowed against the payment of the tax
 5723  imposed by the act.
 5724  
 5725  The tax collection service provider shall assign an earned
 5726  contribution rate to an employer for the quarter immediately
 5727  after the quarter in which all contributions, reimbursements,
 5728  interest, and penalties are paid in full and all work records
 5729  requested pursuant to s. 443.171(5) are produced for inspection
 5730  and copying by the Department of Commerce Economic Opportunity
 5731  or the tax collection service provider.
 5732         (j) Notice of determinations of contribution rates;
 5733  redeterminations.—The state agency providing tax collection
 5734  services:
 5735         1. Shall promptly notify each employer of his or her
 5736  contribution rate as determined for any calendar year under this
 5737  section. The determination is conclusive and binding on the
 5738  employer unless within 20 days after mailing the notice of
 5739  determination to the employer’s last known address, or, in the
 5740  absence of mailing, within 20 days after delivery of the notice,
 5741  the employer files an application for review and redetermination
 5742  setting forth the grounds for review. An employer may not, in
 5743  any proceeding involving his or her contribution rate or
 5744  liability for contributions, contest the chargeability to his or
 5745  her employment record of any benefits paid in accordance with a
 5746  determination, redetermination, or decision under s. 443.151,
 5747  except on the ground that the benefits charged were not based on
 5748  services performed in employment for him or her and then only if
 5749  the employer was not a party to the determination,
 5750  redetermination, or decision, or to any other proceeding under
 5751  this chapter, in which the character of those services was
 5752  determined.
 5753         2. Shall, upon discovery of an error in computation,
 5754  reconsider any prior determination or redetermination of a
 5755  contribution rate after the 20-day period has expired and issue
 5756  a revised notice of contribution rate as redetermined. A
 5757  redetermination is subject to review, and is conclusive and
 5758  binding if review is not sought, in the same manner as review of
 5759  a determination under subparagraph 1. A reconsideration may not
 5760  be made after March 31 of the calendar year immediately after
 5761  the calendar year for which the contribution rate is applicable,
 5762  and interest may not accrue on any additional contributions
 5763  found to be due until 30 days after the employer is mailed
 5764  notice of his or her revised contribution rate.
 5765         3. May adopt rules providing for periodic notification to
 5766  employers of benefits paid and charged to their employment
 5767  records or of the status of those employment records. A
 5768  notification, unless an application for redetermination is filed
 5769  in the manner and within the time limits prescribed by the
 5770  Department of Commerce Economic Opportunity, is conclusive and
 5771  binding on the employer under this chapter. The redetermination,
 5772  and the finding of fact of the department in connection with the
 5773  redetermination, may be introduced in any subsequent
 5774  administrative or judicial proceeding involving the
 5775  determination of the contribution rate of an employer for any
 5776  calendar year. A redetermination becomes final in the same
 5777  manner provided in this subsection for findings of fact made by
 5778  the department in proceedings to redetermine the contribution
 5779  rate of an employer. Pending a redetermination or an
 5780  administrative or judicial proceeding, the employer must file
 5781  reports and pay contributions in accordance with this section.
 5782         Section 187. Paragraph (d) of subsection (2) and paragraph
 5783  (d) of subsection (3) of section 443.1312, Florida Statutes, are
 5784  amended to read:
 5785         443.1312 Reimbursements; nonprofit organizations.—Benefits
 5786  paid to employees of nonprofit organizations shall be financed
 5787  in accordance with this section.
 5788         (2) LIABILITY FOR CONTRIBUTIONS AND ELECTION OF
 5789  REIMBURSEMENT.—A nonprofit organization that is, or becomes,
 5790  subject to this chapter under s. 443.1215(1)(c) or s.
 5791  443.121(3)(a) must pay contributions under s. 443.131 unless it
 5792  elects, in accordance with this subsection, to reimburse the
 5793  Unemployment Compensation Trust Fund for all of the regular
 5794  benefits, short-time compensation benefits, and one-half of the
 5795  extended benefits paid, which are attributable to service in the
 5796  employ of the nonprofit organization, to individuals for weeks
 5797  of unemployment which begin during the effective period of the
 5798  election.
 5799         (d) In accordance with rules adopted by the Department of
 5800  Commerce Economic Opportunity or the state agency providing
 5801  reemployment assistance tax collection services, the tax
 5802  collection service provider shall notify each nonprofit
 5803  organization of any determination of the organization’s status
 5804  as an employer, the effective date of any election the
 5805  organization makes, and the effective date of any termination of
 5806  the election. Each determination is subject to reconsideration,
 5807  appeal, and review under s. 443.141(2)(c).
 5808         (3) PAYMENT OF REIMBURSEMENTS.—Reimbursements in lieu of
 5809  contributions must be paid in accordance with this subsection.
 5810         (d) The amount due, as specified in any bill from the tax
 5811  collection service provider, is conclusive, and the nonprofit
 5812  organization is liable for payment of that amount unless, within
 5813  20 days after the bill is mailed to the organization’s last
 5814  known address or otherwise delivered to the organization, the
 5815  organization files an application for redetermination by the
 5816  Department of Commerce Economic Opportunity, setting forth the
 5817  grounds for the application. The department shall promptly
 5818  review and reconsider the amount due, as specified in the bill,
 5819  and shall issue a redetermination in each case in which an
 5820  application for redetermination is filed. The redetermination is
 5821  conclusive and the nonprofit organization is liable for payment
 5822  of the amount due, as specified in the redetermination, unless,
 5823  within 20 days after the redetermination is mailed to the
 5824  organization’s last known address or otherwise delivered to the
 5825  organization, the organization files a protest, setting forth
 5826  the grounds for the appeal. Proceedings on the protest shall be
 5827  conducted in accordance with s. 443.141(2).
 5828         Section 188. Paragraph (b) of subsection (1) of section
 5829  443.1313, Florida Statutes, is amended to read:
 5830         443.1313 Public employers; reimbursements; election to pay
 5831  contributions.—Benefits paid to employees of a public employer,
 5832  as defined in s. 443.036, based on service described in s.
 5833  443.1216(2) shall be financed in accordance with this section.
 5834         (1) PAYMENT OF REIMBURSEMENTS.—
 5835         (b) If a state agency is more than 120 days delinquent on
 5836  reimbursements due to the Unemployment Compensation Trust Fund,
 5837  the tax collection service provider shall certify to the Chief
 5838  Financial Officer the amount due and the Chief Financial Officer
 5839  shall transfer the amount due to the Unemployment Compensation
 5840  Trust Fund from the funds of the agency which legally may be
 5841  used for that purpose. If a public employer other than a state
 5842  agency is more than 120 days delinquent on reimbursements due to
 5843  the Unemployment Compensation Trust Fund, upon request by the
 5844  tax collection service provider after a hearing, the Department
 5845  of Revenue or the Department of Financial Services, as
 5846  applicable, shall deduct the amount owed by the public employer
 5847  from any funds to be distributed by the applicable department to
 5848  the public employer for further distribution to the trust fund
 5849  in accordance with this chapter. If an employer for whom the
 5850  municipal or county tax collector collects taxes fails to make
 5851  the reimbursements to the Unemployment Compensation Trust Fund
 5852  required by this chapter, the tax collector after a hearing, at
 5853  the request of the tax collection service provider and upon
 5854  receipt of a certificate showing the amount owed by the
 5855  employer, shall deduct the certified amount from any taxes
 5856  collected for the employer and remit that amount to the tax
 5857  collection service provider for further distribution to the
 5858  trust fund in accordance with this chapter. This paragraph does
 5859  not apply to amounts owed by a political subdivision of the
 5860  state for benefits erroneously paid in which the claimant must
 5861  repay to the Department of Commerce Economic Opportunity under
 5862  s. 443.151(6)(a) or (b) any sum as benefits received.
 5863         Section 189. Paragraph (b) of subsection (4) and subsection
 5864  (7) of section 443.1315, Florida Statutes, are amended to read:
 5865         443.1315 Treatment of Indian tribes.—
 5866         (4)
 5867         (b)1. Services performed for an Indian tribe or tribal unit
 5868  that fails to make required reimbursements, including
 5869  assessments of interest and penalty, after all collection
 5870  activities deemed necessary by the tax collection service
 5871  provider, subject to approval by the Department of Commerce
 5872  Economic Opportunity, are exhausted may not be treated as
 5873  employment for purposes of paragraph (1)(b).
 5874         2. The tax collection service provider may determine that
 5875  any Indian tribe that loses coverage under subparagraph 1. may
 5876  have services performed for the tribe subsequently included as
 5877  employment for purposes of paragraph (1)(b) if all
 5878  contributions, reimbursements, penalties, and interest are paid.
 5879         (7) The Department of Commerce Economic Opportunity and the
 5880  state agency providing reemployment assistance tax collection
 5881  services shall adopt rules necessary to administer this section.
 5882         Section 190. Subsection (1) of section 443.1316, Florida
 5883  Statutes, is amended to read:
 5884         443.1316 Reemployment assistance tax collection services;
 5885  interagency agreement.—
 5886         (1) The Department of Commerce Economic Opportunity shall
 5887  contract with the Department of Revenue, through an interagency
 5888  agreement, to perform the duties of the tax collection service
 5889  provider and provide other reemployment assistance tax
 5890  collection services under this chapter. Under the interagency
 5891  agreement, the tax collection service provider may only
 5892  implement:
 5893         (a) The provisions of this chapter conferring duties upon
 5894  the tax collection service provider.
 5895         (b) The provisions of law conferring duties upon the
 5896  department which are specifically delegated to the tax
 5897  collection service provider in the interagency agreement.
 5898         Section 191. Section 443.1317, Florida Statutes, is amended
 5899  to read:
 5900         443.1317 Rulemaking authority; enforcement of rules.—
 5901         (1) DEPARTMENT OF COMMERCE ECONOMIC OPPORTUNITY.—
 5902         (a) Except as otherwise provided in s. 443.012, the
 5903  Department of Commerce Economic Opportunity has ultimate
 5904  authority over the administration of the Reemployment Assistance
 5905  Program.
 5906         (b) The department may adopt rules under ss. 120.536(1) and
 5907  120.54 to administer the provisions of this chapter conferring
 5908  duties upon either the department or its tax collection service
 5909  provider.
 5910         (2) TAX COLLECTION SERVICE PROVIDER.—The state agency
 5911  providing reemployment assistance tax collection services under
 5912  contract with the Department of Commerce Economic Opportunity
 5913  through an interagency agreement pursuant to s. 443.1316 may
 5914  adopt rules under ss. 120.536(1) and 120.54, subject to approval
 5915  by the department, to administer the provisions of law described
 5916  in s. 443.1316(1)(a) and (b) which are within this chapter.
 5917  These rules must not conflict with the rules adopted by the
 5918  department or with the interagency agreement.
 5919         (3) ENFORCEMENT OF RULES.—The Department of Commerce
 5920  Economic Opportunity may enforce any rule adopted by the state
 5921  agency providing reemployment assistance tax collection services
 5922  to administer this chapter. The tax collection service provider
 5923  may enforce any rule adopted by the department to administer the
 5924  provisions of law described in s. 443.1316(1)(a) and (b).
 5925         Section 192. Paragraph (b) of subsection (1), paragraph (a)
 5926  of subsection (2), paragraphs (f) and (g) of subsection (3), and
 5927  paragraph (c) of subsection (4) of section 443.141, Florida
 5928  Statutes, are amended to read:
 5929         443.141 Collection of contributions and reimbursements.—
 5930         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
 5931  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
 5932         (b) Penalty for delinquent, erroneous, incomplete, or
 5933  insufficient reports.—
 5934         1. An employing unit that fails to file any report required
 5935  by the Department of Commerce Economic Opportunity or its tax
 5936  collection service provider, in accordance with rules for
 5937  administering this chapter, shall pay to the service provider
 5938  for each delinquent report the sum of $25 for each 30 days or
 5939  fraction thereof that the employing unit is delinquent, unless
 5940  the department or its service provider, whichever required the
 5941  report, finds that the employing unit has good reason for
 5942  failing to file the report. The department or its service
 5943  provider may assess penalties only through the date of the
 5944  issuance of the final assessment notice. However, additional
 5945  penalties accrue if the delinquent report is subsequently filed.
 5946         2.a. An employing unit that files an erroneous, incomplete,
 5947  or insufficient report with the department or its tax collection
 5948  service provider shall pay a penalty. The amount of the penalty
 5949  is $50 or 10 percent of any tax due, whichever is greater, but
 5950  no more than $300 per report. The penalty shall be added to any
 5951  tax, penalty, or interest otherwise due.
 5952         b. The department or its tax collection service provider
 5953  shall waive the penalty if the employing unit files an accurate,
 5954  complete, and sufficient report within 30 days after a penalty
 5955  notice is issued to the employing unit. The penalty may not be
 5956  waived pursuant to this subparagraph more than one time during a
 5957  12-month period.
 5958         c. As used in this subsection, the term “erroneous,
 5959  incomplete, or insufficient report” means a report so lacking in
 5960  information, completeness, or arrangement that the report cannot
 5961  be readily understood, verified, or reviewed. Such reports
 5962  include, but are not limited to, reports having missing wage or
 5963  employee information, missing or incorrect social security
 5964  numbers, or illegible entries; reports submitted in a format
 5965  that is not approved by the department or its tax collection
 5966  service provider; and reports showing gross wages that do not
 5967  equal the total of the wages of each employee. However, the term
 5968  does not include a report that merely contains inaccurate data
 5969  that was supplied to the employer by the employee, if the
 5970  employer was unaware of the inaccuracy.
 5971         3. Penalties imposed pursuant to this paragraph shall be
 5972  deposited in the Special Employment Security Administration
 5973  Trust Fund.
 5974         4. The penalty and interest for a delinquent, erroneous,
 5975  incomplete, or insufficient report may be waived if the penalty
 5976  or interest is inequitable. The provisions of s. 213.24(1) apply
 5977  to any penalty or interest that is imposed under this section.
 5978         (2) REPORTS, CONTRIBUTIONS, APPEALS.—
 5979         (a) Failure to make reports and pay contributions.—If an
 5980  employing unit determined by the tax collection service provider
 5981  to be an employer subject to this chapter fails to make and file
 5982  any report as and when required by this chapter or by any rule
 5983  of the Department of Commerce Economic Opportunity or the state
 5984  agency providing tax collection services, for the purpose of
 5985  determining the amount of contributions due by the employer
 5986  under this chapter, or if any filed report is found by the
 5987  service provider to be incorrect or insufficient, and the
 5988  employer, after being notified in writing by the service
 5989  provider to file the report, or a corrected or sufficient
 5990  report, as applicable, fails to file the report within 15 days
 5991  after the date of the mailing of the notice, the tax collection
 5992  service provider may:
 5993         1. Determine the amount of contributions due from the
 5994  employer based on the information readily available to it, which
 5995  determination is deemed to be prima facie correct;
 5996         2. Assess the employer the amount of contributions
 5997  determined to be due; and
 5998         3. Immediately notify the employer by mail of the
 5999  determination and assessment including penalties as provided in
 6000  this chapter, if any, added and assessed, and demand payment
 6001  together with interest on the amount of contributions from the
 6002  date that amount was due and payable.
 6003         (3) COLLECTION PROCEEDINGS.—
 6004         (f) Reproductions.—In any proceedings in any court under
 6005  this chapter, reproductions of the original records of the
 6006  Department of Commerce Economic Opportunity, its tax collection
 6007  service provider, the former Agency for Workforce Innovation,
 6008  the former Department of Labor and Employment Security, or the
 6009  commission, including, but not limited to, photocopies or
 6010  microfilm, are primary evidence in lieu of the original records
 6011  or of the documents that were transcribed into those records.
 6012         (g) Jeopardy assessment and warrant.—If the tax collection
 6013  service provider reasonably believes that the collection of
 6014  contributions or reimbursements from an employer will be
 6015  jeopardized by delay, the service provider may assess the
 6016  contributions or reimbursements immediately, together with
 6017  interest or penalties when due, regardless of whether the
 6018  contributions or reimbursements accrued are due, and may
 6019  immediately issue a notice of lien and jeopardy warrant upon
 6020  which proceedings may be conducted as provided in this section
 6021  for notice of lien and warrant of the service provider. Within
 6022  15 days after mailing the notice of lien by registered mail, the
 6023  employer may protest the issuance of the lien in the same manner
 6024  provided in paragraph (2)(a). The protest does not operate as a
 6025  supersedeas or stay of enforcement unless the employer files
 6026  with the sheriff seeking to enforce the warrant a good and
 6027  sufficient surety bond in twice the amount demanded by the
 6028  notice of lien or warrant. The bond must be conditioned upon
 6029  payment of the amount subsequently found to be due from the
 6030  employer to the tax collection service provider in the final
 6031  order of the Department of Commerce Economic Opportunity upon
 6032  protest of assessment. The jeopardy warrant and notice of lien
 6033  are satisfied in the manner provided in this section upon
 6034  payment of the amount finally determined to be due from the
 6035  employer. If enforcement of the jeopardy warrant is not
 6036  superseded as provided in this section, the employer is entitled
 6037  to a refund from the fund of all amounts paid as contributions
 6038  or reimbursements in excess of the amount finally determined to
 6039  be due by the employer upon application being made as provided
 6040  in this chapter.
 6041         (4) MISCELLANEOUS PROVISIONS FOR COLLECTION OF
 6042  CONTRIBUTIONS AND REIMBURSEMENTS.—
 6043         (c) Any agent or employee designated by the Department of
 6044  Commerce Economic Opportunity or its tax collection service
 6045  provider may administer an oath to any person for any return or
 6046  report required by this chapter or by the rules of the
 6047  department or the state agency providing reemployment assistance
 6048  tax collection services, and an oath made before the department
 6049  or its service provider or any authorized agent or employee has
 6050  the same effect as an oath made before any judicial officer or
 6051  notary public of the state.
 6052         Section 193. Paragraph (a) of subsection (1), paragraph (a)
 6053  of subsection (2), paragraph (a) of subsection (3), paragraph
 6054  (a) of subsection (4), paragraph (a) of subsection (5),
 6055  paragraph (a) of subsection (6), and paragraph (a) of subsection
 6056  (8) of section 443.151, Florida Statutes, are amended to read:
 6057         443.151 Procedure concerning claims.—
 6058         (1) POSTING OF INFORMATION.—
 6059         (a) Each employer must post and maintain in places readily
 6060  accessible to individuals in her or his employ printed
 6061  statements concerning benefit rights, claims for benefits, and
 6062  other matters relating to the administration of this chapter as
 6063  the Department of Commerce Economic Opportunity may by rule
 6064  prescribe. Each employer must supply to individuals copies of
 6065  printed statements or other materials relating to claims for
 6066  benefits as directed by the rules of the department. The
 6067  department shall supply these printed statements and other
 6068  materials to each employer without cost to the employer.
 6069         (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
 6070  CLAIMANTS AND EMPLOYERS.—
 6071         (a) In general.—Initial and continued claims for benefits
 6072  must be made by approved electronic or alternate means and in
 6073  accordance with rules adopted by the Department of Commerce
 6074  Economic Opportunity. The department shall provide alternative
 6075  means, such as by telephone, for filing initial and continued
 6076  claims if the department determines access to the approved
 6077  electronic means is or will be unavailable and also must provide
 6078  public notice of such unavailability. The department must notify
 6079  claimants and employers regarding monetary and nonmonetary
 6080  determinations of eligibility. Investigations of issues raised
 6081  in connection with a claimant which may affect a claimant’s
 6082  eligibility for benefits or charges to an employer’s employment
 6083  record shall be conducted by the department through written,
 6084  telephonic, or electronic means as prescribed by rule.
 6085         (3) DETERMINATION OF ELIGIBILITY.—
 6086         (a) Notices of claim.—The Department of Commerce Economic
 6087  Opportunity shall promptly provide a notice of claim to the
 6088  claimant’s most recent employing unit and all employers whose
 6089  employment records are liable for benefits under the monetary
 6090  determination. The employer must respond to the notice of claim
 6091  within 14 days after the mailing date of the notice, or in lieu
 6092  of mailing, within 14 days after the delivery of the notice. If
 6093  a contributing employer or its agent fails to timely or
 6094  adequately respond to the notice of claim or request for
 6095  information, the employer’s account may not be relieved of
 6096  benefit charges as provided in s. 443.131(3)(a), notwithstanding
 6097  paragraph (5)(b). The department may adopt rules as necessary to
 6098  implement the processes described in this paragraph relating to
 6099  notices of claim.
 6100         (4) APPEALS.—
 6101         (a) Appeals referees.—
 6102         1. The Department of Commerce Economic Opportunity shall
 6103  appoint one or more impartial salaried appeals referees in
 6104  accordance with s. 443.171(3) to hear and decide appealed
 6105  claims.
 6106         2. A person may not participate on behalf of the department
 6107  as an appeals referee in any case in which she or he is an
 6108  interested party.
 6109         3. The department may designate alternates to serve in the
 6110  absence or disqualification of any appeals referee on a
 6111  temporary basis. These alternates must have the same
 6112  qualifications required of appeals referees.
 6113         4. The department shall provide the commission and the
 6114  appeals referees with proper facilities and assistance for the
 6115  execution of their functions.
 6116         (5) PAYMENT OF BENEFITS.—
 6117         (a) The Department of Commerce Economic Opportunity shall
 6118  promptly pay benefits in accordance with a determination or
 6119  redetermination regardless of any appeal or pending appeal.
 6120  Before payment of benefits to the claimant, however, each
 6121  employer who is liable for reimbursements in lieu of
 6122  contributions for payment of the benefits must be notified, at
 6123  the address on file with the department or its tax collection
 6124  service provider, of the initial determination of the claim and
 6125  must be given 10 days to respond.
 6126         (6) RECOVERY AND RECOUPMENT.—
 6127         (a) Any person who, by reason of her or his fraud, receives
 6128  benefits under this chapter to which she or he is not entitled
 6129  is liable for repaying those benefits to the Department of
 6130  Commerce Economic Opportunity on behalf of the trust fund or, in
 6131  the discretion of the department, to have those benefits
 6132  deducted from future benefits payable to her or him under this
 6133  chapter. In addition, the department shall impose upon the
 6134  claimant a penalty equal to 15 percent of the amount overpaid.
 6135  To enforce this paragraph, the department must find the
 6136  existence of fraud through a redetermination or decision under
 6137  this section within 2 years after the fraud was committed. Any
 6138  recovery or recoupment of benefits must be commenced within 7
 6139  years after the redetermination or decision.
 6140         (8) BILINGUAL REQUIREMENTS.—
 6141         (a) The Department of Commerce Economic Opportunity shall
 6142  provide printed bilingual instructional and educational
 6143  materials in the appropriate language in those counties in which
 6144  5 percent or more of the households in the county are classified
 6145  as a single-language minority.
 6146         Section 194. Subsection (1), paragraph (a) of subsection
 6147  (3), and subsection (4) of section 443.163, Florida Statutes,
 6148  are amended to read:
 6149         443.163 Electronic reporting and remitting of contributions
 6150  and reimbursements.—
 6151         (1) An employer may file any report and remit any
 6152  contributions or reimbursements required under this chapter by
 6153  electronic means. The Department of Commerce Economic
 6154  Opportunity or the state agency providing reemployment
 6155  assistance tax collection services shall adopt rules prescribing
 6156  the format and instructions necessary for electronically filing
 6157  reports and remitting contributions and reimbursements to ensure
 6158  a full collection of contributions and reimbursements due. The
 6159  acceptable method of transfer, the method, form, and content of
 6160  the electronic means, and the method, if any, by which the
 6161  employer will be provided with an acknowledgment shall be
 6162  prescribed by the department or its tax collection service
 6163  provider. However, any employer who employed 10 or more
 6164  employees in any quarter during the preceding state fiscal year
 6165  must file the Employers Quarterly Reports, including any
 6166  corrections, for the current calendar year and remit the
 6167  contributions and reimbursements due by electronic means
 6168  approved by the tax collection service provider.
 6169         (3) The tax collection service provider may waive the
 6170  requirement to file an Employers Quarterly Report by electronic
 6171  means for employers that are unable to comply despite good faith
 6172  efforts or due to circumstances beyond the employer’s reasonable
 6173  control.
 6174         (a) As prescribed by the Department of Commerce Economic
 6175  Opportunity or its tax collection service provider, grounds for
 6176  approving the waiver include, but are not limited to,
 6177  circumstances in which the employer does not:
 6178         1. Currently file information or data electronically with
 6179  any business or government agency; or
 6180         2. Have a compatible computer that meets or exceeds the
 6181  standards prescribed by the department or its tax collection
 6182  service provider.
 6183         (4) As used in this section, the term “electronic means”
 6184  includes, but is not limited to, electronic data interchange;
 6185  electronic funds transfer; and use of the Internet, telephone,
 6186  or other technology specified by the Department of Commerce
 6187  Economic Opportunity or its tax collection service provider.
 6188         Section 195. Section 443.171, Florida Statutes, is amended
 6189  to read:
 6190         443.171 Department of Commerce Economic Opportunity and
 6191  commission; powers and duties; records and reports; proceedings;
 6192  state-federal cooperation.—
 6193         (1) POWERS AND DUTIES.—The Department of Commerce Economic
 6194  Opportunity shall administer this chapter. The department may
 6195  employ persons, make expenditures, require reports, conduct
 6196  investigations, and take other action necessary or suitable to
 6197  administer this chapter. The department shall annually submit
 6198  information to the state board as defined in s. 445.002 covering
 6199  the administration and operation of this chapter during the
 6200  preceding calendar year for inclusion in the strategic plan
 6201  under s. 445.006 and may make recommendations for amendment to
 6202  this chapter.
 6203         (2) PUBLICATION OF ACTS AND RULES.—The Department of
 6204  Commerce Economic Opportunity shall cause to be printed and
 6205  distributed to the public, or otherwise distributed to the
 6206  public through the Internet or similar electronic means, the
 6207  text of this chapter and of the rules for administering this
 6208  chapter adopted by the department or the state agency providing
 6209  reemployment assistance tax collection services and any other
 6210  matter relevant and suitable. The department shall furnish this
 6211  information to any person upon request. However, any pamphlet,
 6212  rules, circulars, or reports required by this chapter may not
 6213  contain any matter except the actual data necessary to complete
 6214  them or the actual language of the rule, together with the
 6215  proper notices.
 6216         (3) PERSONNEL.—Subject to chapter 110 and the other
 6217  provisions of this chapter, the Department of Commerce Economic
 6218  Opportunity may appoint, set the compensation of, and prescribe
 6219  the duties and powers of employees, accountants, attorneys,
 6220  experts, and other persons as necessary for the performance of
 6221  the duties of the department under this chapter. The department
 6222  may delegate to any person its power and authority under this
 6223  chapter as necessary for the effective administration of this
 6224  chapter and may bond any person handling moneys or signing
 6225  checks under this chapter. The cost of these bonds must be paid
 6226  from the Employment Security Administration Trust Fund.
 6227         (4) EMPLOYMENT STABILIZATION.—The Department of Commerce
 6228  Economic Opportunity, under the direction of the state board as
 6229  defined in s. 445.002, shall take all appropriate steps to
 6230  reduce and prevent unemployment; to encourage and assist in the
 6231  adoption of practical methods of career training, retraining,
 6232  and career guidance; to investigate, recommend, advise, and
 6233  assist municipalities, counties, school districts, and the state
 6234  in the establishment and operation of reserves for public works
 6235  to be used in times of business depression and unemployment; to
 6236  promote the reemployment of unemployed workers throughout the
 6237  state in every other way that may be feasible; to refer a
 6238  claimant entitled to extended benefits to suitable work that
 6239  meets the criteria of this chapter; and, to these ends, to carry
 6240  on and publish the results of investigations and research
 6241  studies.
 6242         (5) RECORDS AND REPORTS.—Each employing unit shall keep
 6243  true and accurate work records, containing the information
 6244  required by the Department of Commerce Economic Opportunity or
 6245  its tax collection service provider. These records must be open
 6246  to inspection and are subject to being copied by the department
 6247  or its tax collection service provider at any reasonable time
 6248  and as often as necessary. The department or its tax collection
 6249  service provider may require from any employing unit any sworn
 6250  or unsworn reports, for persons employed by the employing unit,
 6251  necessary for the effective administration of this chapter.
 6252  However, a state or local governmental agency performing
 6253  intelligence or counterintelligence functions need not report an
 6254  employee if the head of that agency determines that reporting
 6255  the employee could endanger the safety of the employee or
 6256  compromise an ongoing investigation or intelligence mission.
 6257         (6) OATHS AND WITNESSES.—In the discharge of the duties
 6258  imposed by this chapter, the Department of Commerce Economic
 6259  Opportunity, its tax collection service provider, the members of
 6260  the commission, and any authorized representative of any of
 6261  these entities may administer oaths and affirmations, take
 6262  depositions, certify to official acts, and issue subpoenas to
 6263  compel the attendance of witnesses and the production of books,
 6264  papers, correspondence, memoranda, and other records deemed
 6265  necessary as evidence in connection with the administration of
 6266  this chapter.
 6267         (7) SUBPOENAS.—If a person refuses to obey a subpoena
 6268  issued to that person, any court of this state within the
 6269  jurisdiction of which the inquiry is carried on, or within the
 6270  jurisdiction of which the person is found, resides, or transacts
 6271  business, upon application by the Department of Commerce
 6272  Economic Opportunity, its tax collection service provider, the
 6273  commission, or any authorized representative of any of these
 6274  entities has jurisdiction to order the person to appear before
 6275  the entity to produce evidence or give testimony on the matter
 6276  under investigation or in question. Failure to obey the order of
 6277  the court may be punished by the court as contempt. Any person
 6278  who fails or refuses without just cause to appear or testify; to
 6279  answer any lawful inquiry; or to produce books, papers,
 6280  correspondence, memoranda, and other records within her or his
 6281  control as commanded in a subpoena of the department, its tax
 6282  collection service provider, the commission, or any authorized
 6283  representative of any of these entities commits a misdemeanor of
 6284  the second degree, punishable as provided in s. 775.082 or s.
 6285  775.083. Each day that a violation continues is a separate
 6286  offense.
 6287         (8) PROTECTION AGAINST SELF-INCRIMINATION.—A person is not
 6288  excused from appearing or testifying, or from producing books,
 6289  papers, correspondence, memoranda, or other records, before the
 6290  Department of Commerce Economic Opportunity, its tax collection
 6291  service provider, the commission, or any authorized
 6292  representative of any of these entities or as commanded in a
 6293  subpoena of any of these entities in any proceeding before the
 6294  department, the commission, an appeals referee, or a special
 6295  deputy on the ground that the testimony or evidence, documentary
 6296  or otherwise, required of the person may incriminate her or him
 6297  or subject her or him to a penalty or forfeiture. That person
 6298  may not be prosecuted or subjected to any penalty or forfeiture
 6299  for or on account of any transaction, matter, or thing
 6300  concerning which she or he is compelled, after having claimed
 6301  her or his privilege against self-incrimination, to testify or
 6302  produce evidence, documentary or otherwise, except that the
 6303  person testifying is not exempt from prosecution and punishment
 6304  for perjury committed while testifying.
 6305         (9) STATE-FEDERAL COOPERATION.—
 6306         (a)1. In the administration of this chapter, the Department
 6307  of Commerce Economic Opportunity and its tax collection service
 6308  provider shall cooperate with the United States Department of
 6309  Labor to the fullest extent consistent with this chapter and
 6310  shall take those actions, through the adoption of appropriate
 6311  rules, administrative methods, and standards, necessary to
 6312  secure for this state all advantages available under the
 6313  provisions of federal law relating to reemployment assistance.
 6314         2. In the administration of the provisions in s. 443.1115,
 6315  which are enacted to conform with the Federal-State Extended
 6316  Unemployment Compensation Act of 1970, the department shall take
 6317  those actions necessary to ensure that those provisions are
 6318  interpreted and applied to meet the requirements of the federal
 6319  act as interpreted by the United States Department of Labor and
 6320  to secure for this state the full reimbursement of the federal
 6321  share of extended benefits paid under this chapter which is
 6322  reimbursable under the federal act.
 6323         3. The department and its tax collection service provider
 6324  shall comply with the regulations of the United States
 6325  Department of Labor relating to the receipt or expenditure by
 6326  this state of funds granted under federal law; shall submit the
 6327  reports in the form and containing the information the United
 6328  States Department of Labor requires; and shall comply with
 6329  directions of the United States Department of Labor necessary to
 6330  assure the correctness and verification of these reports.
 6331         (b) The department and its tax collection service provider
 6332  may cooperate with every agency of the United States charged
 6333  with administration of any unemployment insurance law.
 6334         (c) The department and its tax collection service provider
 6335  shall cooperate with the agencies of other states, and shall
 6336  make every proper effort within their means, to oppose and
 6337  prevent any further action leading to the complete or
 6338  substantial federalization of state reemployment assistance
 6339  funds or state employment security programs. The department and
 6340  its tax collection service provider may make, and may cooperate
 6341  with other appropriate agencies in making, studies as to the
 6342  practicability and probable cost of possible new state
 6343  administered social security programs and the relative
 6344  desirability of state, rather than federal, action in that field
 6345  of study.
 6346         (10) EVIDENCE OF MAILING.—A mailing date on any notice,
 6347  determination, decision, order, or other document mailed by the
 6348  department or its tax collection service provider pursuant to
 6349  this chapter creates a rebuttable presumption that such notice,
 6350  determination, order, or other document was mailed on the date
 6351  indicated.
 6352         Section 196. Subsection (1) and paragraph (a) of subsection
 6353  (2) of section 443.1715, Florida Statutes, are amended to read:
 6354         443.1715 Disclosure of information; confidentiality.—
 6355         (1) RECORDS AND REPORTS.—Information revealing an employing
 6356  unit’s or individual’s identity obtained from the employing unit
 6357  or any individual under the administration of this chapter, and
 6358  any determination revealing that information, is confidential
 6359  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 6360  Constitution. This confidential information may be released in
 6361  accordance with the provisions in 20 C.F.R. part 603. A person
 6362  receiving confidential information who violates this subsection
 6363  commits a misdemeanor of the second degree, punishable as
 6364  provided in s. 775.082 or s. 775.083. The Department of Commerce
 6365  Economic Opportunity or its tax collection service provider may,
 6366  however, furnish to any employer copies of any report submitted
 6367  by that employer upon the request of the employer and may
 6368  furnish to any claimant copies of any report submitted by that
 6369  claimant upon the request of the claimant. The department or its
 6370  tax collection service provider may charge a reasonable fee for
 6371  copies of these reports as prescribed by rule, which may not
 6372  exceed the actual reasonable cost of the preparation of the
 6373  copies. Fees received for copies under this subsection must be
 6374  deposited in the Employment Security Administration Trust Fund.
 6375         (2) DISCLOSURE OF INFORMATION.—
 6376         (a) Subject to restrictions the Department of Commerce
 6377  Economic Opportunity or the state agency providing reemployment
 6378  assistance tax collection services adopts by rule, information
 6379  declared confidential under this section is available to any
 6380  agency of this or any other state, or any federal agency,
 6381  charged with the administration of any reemployment assistance
 6382  or unemployment compensation law or the maintenance of the one
 6383  stop delivery system, or the Bureau of Internal Revenue of the
 6384  United States Department of the Treasury, or the Florida
 6385  Department of Revenue. Information obtained in connection with
 6386  the administration of the one-stop delivery system may be made
 6387  available to persons or agencies for purposes appropriate to the
 6388  operation of a public employment service or a job-preparatory or
 6389  career education or training program. The department shall, on a
 6390  quarterly basis, furnish the National Directory of New Hires
 6391  with information concerning the wages and reemployment
 6392  assistance benefits paid to individuals, by the dates, in the
 6393  format, and containing the information specified in the
 6394  regulations of the United States Secretary of Health and Human
 6395  Services. Upon request, the department shall furnish any agency
 6396  of the United States charged with the administration of public
 6397  works or assistance through public employment, and may furnish
 6398  to any state agency similarly charged, the name, address,
 6399  ordinary occupation, and employment status of each recipient of
 6400  benefits and the recipient’s rights to further benefits under
 6401  this chapter. Except as otherwise provided by law, the receiving
 6402  agency must retain the confidentiality of this information as
 6403  provided in this section. The tax collection service provider
 6404  may request the Comptroller of the Currency of the United States
 6405  to examine the correctness of any return or report of any
 6406  national banking association rendered under this chapter and may
 6407  in connection with that request transmit any report or return
 6408  for examination to the Comptroller of the Currency of the United
 6409  States as provided in s. 3305(c) of the federal Internal Revenue
 6410  Code.
 6411         Section 197. Subsection (1), paragraph (c) of subsection
 6412  (2), and subsections (4), (5), (6), and (7) of section
 6413  443.17161, Florida Statutes, are amended to read:
 6414         443.17161 Authorized electronic access to employer
 6415  information.—
 6416         (1) Notwithstanding any other provision of this chapter,
 6417  the Department of Commerce Economic Opportunity shall contract
 6418  with one or more consumer reporting agencies to provide users
 6419  with secured electronic access to employer-provided information
 6420  relating to the quarterly wages report submitted in accordance
 6421  with the state’s reemployment assistance law. The access is
 6422  limited to the wage reports for the appropriate amount of time
 6423  for the purpose the information is requested.
 6424         (2) Users must obtain consent in writing or by electronic
 6425  signature from an applicant for credit, employment, or other
 6426  permitted purposes. Any written or electronic signature consent
 6427  from an applicant must be signed and must include the following:
 6428         (c) Notice that the files of the Department of Commerce
 6429  Economic Opportunity or its tax collection service provider
 6430  containing information concerning wage and employment history
 6431  which is submitted by the applicant or his or her employers may
 6432  be accessed; and
 6433         (4) If a consumer reporting agency or user violates this
 6434  section, the Department of Commerce Economic Opportunity shall,
 6435  upon 30 days’ written notice to the consumer reporting agency,
 6436  terminate the contract established between the Department of
 6437  Commerce Economic Opportunity and the consumer reporting agency
 6438  or require the consumer reporting agency to terminate the
 6439  contract established between the consumer reporting agency and
 6440  the user under this section.
 6441         (5) The Department of Commerce Economic Opportunity shall
 6442  establish minimum audit, security, net worth, and liability
 6443  insurance standards, technical requirements, and any other terms
 6444  and conditions considered necessary in the discretion of the
 6445  state agency to safeguard the confidentiality of the information
 6446  released under this section and to otherwise serve the public
 6447  interest. The Department of Commerce Economic Opportunity shall
 6448  also include, in coordination with any necessary state agencies,
 6449  necessary audit procedures to ensure that these rules are
 6450  followed.
 6451         (6) In contracting with one or more consumer reporting
 6452  agencies under this section, any revenues generated by the
 6453  contract must be used to pay the entire cost of providing access
 6454  to the information. Further, in accordance with federal
 6455  regulations, any additional revenues generated by the Department
 6456  of Commerce Economic Opportunity or the state under this section
 6457  must be paid into the Administrative Trust Fund of the
 6458  Department of Commerce Economic Opportunity for the
 6459  administration of the unemployment compensation system or be
 6460  used as program income.
 6461         (7) The Department of Commerce Economic Opportunity may not
 6462  provide wage and employment history information to any consumer
 6463  reporting agency before the consumer reporting agency or
 6464  agencies under contract with the Department of Commerce Economic
 6465  Opportunity pay all development and other startup costs incurred
 6466  by the state in connection with the design, installation, and
 6467  administration of technological systems and procedures for the
 6468  electronic access program.
 6469         Section 198. Section 443.181, Florida Statutes, is amended
 6470  to read:
 6471         443.181 Public employment service.—
 6472         (1) The one-stop delivery system established under s.
 6473  445.009 is this state’s public employment service as part of the
 6474  national system of public employment offices established under
 6475  29 U.S.C. s. 49. The Department of Commerce Economic
 6476  Opportunity, under policy direction from the state board as
 6477  defined in s. 445.002, shall cooperate with any official or
 6478  agency of the United States having power or duties under 29
 6479  U.S.C. ss. 49-49l-1 and shall perform those duties necessary to
 6480  secure to this state the funds provided under federal law for
 6481  the promotion and maintenance of the state’s public employment
 6482  service. In accordance with 29 U.S.C. s. 49c, this state accepts
 6483  29 U.S.C. ss. 49-49l-1. The department is designated the state
 6484  agency responsible for cooperating with the United States
 6485  Secretary of Labor under 29 U.S.C. s. 49c. The department shall
 6486  appoint sufficient employees to administer this section. The
 6487  department may cooperate with or enter into agreements with the
 6488  Railroad Retirement Board for the establishment, maintenance,
 6489  and use of one-stop career centers.
 6490         (2) All funds received by this state under 29 U.S.C. ss.
 6491  49-49l-1 must be paid into the Employment Security
 6492  Administration Trust Fund, and these funds are available to the
 6493  Department of Commerce Economic Opportunity for expenditure as
 6494  provided by this chapter or by federal law. For the purpose of
 6495  establishing and maintaining one-stop career centers, the
 6496  department may enter into agreements with the Railroad
 6497  Retirement Board or any other agency of the United States
 6498  charged with the administration of a reemployment assistance or
 6499  unemployment compensation law, with any political subdivision of
 6500  this state, or with any private, nonprofit organization. As a
 6501  part of any such agreement, the department may accept moneys,
 6502  services, or quarters as a contribution to the Employment
 6503  Security Administration Trust Fund.
 6504         Section 199. Subsections (2), (3), and (4) of section
 6505  443.191, Florida Statutes, are amended to read:
 6506         443.191 Unemployment Compensation Trust Fund; establishment
 6507  and control.—
 6508         (2) The Chief Financial Officer is the ex officio treasurer
 6509  and custodian of the fund and shall administer the fund in
 6510  accordance with the directions of the Department of Commerce
 6511  Economic Opportunity. All payments from the fund must be
 6512  approved by the department or by an authorized agent. The Chief
 6513  Financial Officer shall maintain within the fund three separate
 6514  accounts:
 6515         (a) A clearing account;
 6516         (b) An Unemployment Compensation Trust Fund account; and
 6517         (c) A benefit account.
 6518  
 6519  All moneys payable to the fund, including moneys received from
 6520  the United States as reimbursement for extended benefits paid by
 6521  the Department of Commerce Economic Opportunity, must be
 6522  forwarded to the Chief Financial Officer, who shall immediately
 6523  deposit them in the clearing account. Refunds payable under s.
 6524  443.141 may be paid from the clearing account. After clearance,
 6525  all other moneys in the clearing account must be immediately
 6526  deposited with the Secretary of the Treasury of the United
 6527  States to the credit of this state’s account in the federal
 6528  Unemployment Compensation Trust Fund notwithstanding any state
 6529  law relating to the deposit, administration, release, or
 6530  disbursement of moneys in the possession or custody of this
 6531  state. The benefit account consists of all moneys requisitioned
 6532  from this state’s account in the federal Unemployment
 6533  Compensation Trust Fund. Except as otherwise provided by law,
 6534  moneys in the clearing and benefit accounts may be deposited by
 6535  the Chief Financial Officer, under the direction of the
 6536  Department of Commerce Economic Opportunity, in any bank or
 6537  public depository in which general funds of the state are
 6538  deposited, but a public deposit insurance charge or premium may
 6539  not be paid out of the fund. If any warrant issued against the
 6540  clearing account or the benefit account is not presented for
 6541  payment within 1 year after issuance, the Chief Financial
 6542  Officer must cancel the warrant and credit without restriction
 6543  the amount of the warrant to the account upon which it is drawn.
 6544  When the payee or person entitled to a canceled warrant requests
 6545  payment of the warrant, the Chief Financial Officer, upon
 6546  direction of the Department of Commerce Economic Opportunity,
 6547  must issue a new warrant, payable from the account against which
 6548  the canceled warrant was drawn.
 6549         (3) Moneys may only be requisitioned from the state’s
 6550  account in the federal Unemployment Compensation Trust Fund
 6551  solely for the payment of benefits and extended benefits and for
 6552  payment in accordance with rules prescribed by the Department of
 6553  Commerce Economic Opportunity, or for the repayment of advances
 6554  made pursuant to 42 U.S.C. s. 1321, as authorized by the
 6555  Governor or the Governor’s designee, except that money credited
 6556  to this state’s account under 42 U.S.C. s. 1103 may only be used
 6557  exclusively as provided in subsection (5). The Department of
 6558  Commerce Economic Opportunity, through the Chief Financial
 6559  Officer, shall requisition from the federal Unemployment
 6560  Compensation Trust Fund amounts, not exceeding the amounts
 6561  credited to this state’s account in the fund, as necessary for
 6562  the payment of benefits and extended benefits for a reasonable
 6563  future period. Upon receipt of these amounts, the Chief
 6564  Financial Officer shall deposit the moneys in the benefit
 6565  account in the State Treasury and warrants for the payment of
 6566  benefits and extended benefits shall be drawn upon the order of
 6567  the Department of Commerce Economic Opportunity against the
 6568  account. All warrants for benefits and extended benefits are
 6569  payable directly to the ultimate beneficiary. Expenditures of
 6570  these moneys in the benefit account and refunds from the
 6571  clearing account are not subject to any law requiring specific
 6572  appropriations or other formal release by state officers of
 6573  money in their custody. All warrants issued for the payment of
 6574  benefits and refunds must bear the signature of the Chief
 6575  Financial Officer. Any balance of moneys requisitioned from this
 6576  state’s account in the federal Unemployment Compensation Trust
 6577  Fund which remains unclaimed or unpaid in the benefit account
 6578  after the period for which the moneys were requisitioned shall
 6579  be deducted from estimates for, and may be used for the payment
 6580  of, benefits and extended benefits during succeeding periods,
 6581  or, in the discretion of the Department of Commerce Economic
 6582  Opportunity, shall be redeposited with the Secretary of the
 6583  Treasury of the United States, to the credit of this state’s
 6584  account in the federal Unemployment Compensation Trust Fund, as
 6585  provided in subsection (2).
 6586         (4) Subsections (1), (2), and (3), to the extent they
 6587  relate to the federal Unemployment Compensation Trust Fund,
 6588  apply only while the fund continues to exist and while the
 6589  Secretary of the Treasury of the United States continues to
 6590  maintain for this state a separate account of all funds
 6591  deposited by this state for the payment of benefits, together
 6592  with this state’s proportionate share of the earnings of the
 6593  federal Unemployment Compensation Trust Fund, from which no
 6594  other state is permitted to make withdrawals. If the federal
 6595  Unemployment Compensation Trust Fund ceases to exist, or the
 6596  separate account is no longer maintained, all moneys,
 6597  properties, or securities belonging to this state’s account in
 6598  the federal Unemployment Compensation Trust Fund must be
 6599  transferred to the treasurer of the Unemployment Compensation
 6600  Trust Fund, who must hold, invest, transfer, sell, deposit, and
 6601  release those moneys, properties, or securities in a manner
 6602  approved by the Department of Commerce Economic Opportunity in
 6603  accordance with this chapter. These moneys must, however, be
 6604  invested in the following readily marketable classes of
 6605  securities: bonds or other interest-bearing obligations of the
 6606  United States or of the state. Further, the investment must at
 6607  all times be made in a manner that allows all the assets of the
 6608  fund to always be readily convertible into cash when needed for
 6609  the payment of benefits. The treasurer may only dispose of
 6610  securities or other properties belonging to the Unemployment
 6611  Compensation Trust Fund under the direction of the Department of
 6612  Commerce Economic Opportunity.
 6613         Section 200. Section 443.211, Florida Statutes, is amended
 6614  to read:
 6615         443.211 Employment Security Administration Trust Fund;
 6616  appropriation; reimbursement.—
 6617         (1) EMPLOYMENT SECURITY ADMINISTRATION TRUST FUND.—There is
 6618  created in the State Treasury the “Employment Security
 6619  Administration Trust Fund.” All moneys deposited into this fund
 6620  remain continuously available to the Department of Commerce
 6621  Economic Opportunity for expenditure in accordance with this
 6622  chapter and do not revert at any time and may not be transferred
 6623  to any other fund. All moneys in this fund which are received
 6624  from the Federal Government or any federal agency or which are
 6625  appropriated by this state under ss. 443.171 and 443.181, except
 6626  money received under s. 443.191(5)(c), must be expended solely
 6627  for the purposes and in the amounts found necessary by the
 6628  authorized cooperating federal agencies for the proper and
 6629  efficient administration of this chapter. The fund consists of:
 6630  all moneys appropriated by this state; all moneys received from
 6631  the United States or any federal agency; all moneys received
 6632  from any other source for the administration of this chapter;
 6633  any funds collected for enhanced, specialized, or value-added
 6634  labor market information services; any moneys received from any
 6635  agency of the United States or any other state as compensation
 6636  for services or facilities supplied to that agency; any amounts
 6637  received from any surety bond or insurance policy or from other
 6638  sources for losses sustained by the Employment Security
 6639  Administration Trust Fund or by reason of damage to equipment or
 6640  supplies purchased from moneys in the fund; and any proceeds
 6641  from the sale or disposition of such equipment or supplies. All
 6642  money requisitioned and deposited in this fund under s.
 6643  443.191(5)(c) remains part of the Unemployment Compensation
 6644  Trust Fund and must be used only in accordance with s.
 6645  443.191(5). All moneys in this fund must be deposited,
 6646  administered, and disbursed in the same manner and under the
 6647  same conditions and requirements as provided by law for other
 6648  trust funds in the State Treasury. These moneys must be secured
 6649  by the depositary in which they are held to the same extent and
 6650  in the same manner as required by the general depositary law of
 6651  the state, and collateral pledged must be maintained in a
 6652  separate custody account. All payments from the Employment
 6653  Security Administration Trust Fund must be approved by the
 6654  Department of Commerce Economic Opportunity or by an authorized
 6655  agent and must be made by the Chief Financial Officer. Any
 6656  balances in this fund do not revert at any time and must remain
 6657  continuously available to the Department of Commerce Economic
 6658  Opportunity for expenditure consistent with this chapter.
 6659         (2) SPECIAL EMPLOYMENT SECURITY ADMINISTRATION TRUST FUND.
 6660  There is created in the State Treasury the “Special Employment
 6661  Security Administration Trust Fund,” into which shall be
 6662  deposited or transferred all interest on contributions and
 6663  reimbursements, penalties, and fines or fees collected under
 6664  this chapter. Interest on contributions and reimbursements,
 6665  penalties, and fines or fees deposited during any calendar
 6666  quarter in the clearing account in the Unemployment Compensation
 6667  Trust Fund shall, as soon as practicable after the close of that
 6668  calendar quarter and upon certification of the Department of
 6669  Commerce Economic Opportunity, be transferred to the Special
 6670  Employment Security Administration Trust Fund. The amount
 6671  certified by the Department of Commerce Economic Opportunity as
 6672  required under this chapter to pay refunds of interest on
 6673  contributions and reimbursements, penalties, and fines or fees
 6674  collected and erroneously deposited into the clearing account in
 6675  the Unemployment Compensation Trust Fund shall, however, be
 6676  withheld from this transfer. The interest and penalties
 6677  certified for transfer are deemed as being erroneously deposited
 6678  in the clearing account, and their transfer to the Special
 6679  Employment Security Administration Trust Fund is deemed to be a
 6680  refund of the erroneous deposits. All moneys in this fund shall
 6681  be deposited, administered, and disbursed in the same manner and
 6682  under the same requirements as provided by law for other trust
 6683  funds in the State Treasury. These moneys may not be expended or
 6684  be available for expenditure in any manner that would permit
 6685  their substitution for, or permit a corresponding reduction in,
 6686  federal funds that would, in the absence of these moneys, be
 6687  available to finance expenditures for the administration of this
 6688  chapter. This section does not prevent these moneys from being
 6689  used as a revolving fund to cover lawful expenditures for which
 6690  federal funds are requested but not yet received, subject to the
 6691  charging of the expenditures against the funds when received.
 6692  The moneys in this fund, with the approval of the Executive
 6693  Office of the Governor, shall be used by the Department of
 6694  Commerce Economic Opportunity for paying administrative costs
 6695  that are not chargeable against funds obtained from federal
 6696  sources. All moneys in the Special Employment Security
 6697  Administration Trust Fund shall be continuously available to the
 6698  Department of Commerce Economic Opportunity for expenditure in
 6699  accordance with this chapter and do not revert at any time. All
 6700  payments from the Special Employment Security Administration
 6701  Trust Fund must be approved by the Department of Commerce
 6702  Economic Opportunity or by an authorized agent and shall be made
 6703  by the Chief Financial Officer. The moneys in this fund are
 6704  available to replace, as contemplated by subsection (3),
 6705  expenditures from the Employment Security Administration Trust
 6706  Fund which the United States Secretary of Labor, or other
 6707  authorized federal agency or authority, finds are lost or
 6708  improperly expended because of any action or contingency. The
 6709  Chief Financial Officer is liable on her or his official bond
 6710  for the faithful performance of her or his duties in connection
 6711  with the Special Employment Security Administration Trust Fund.
 6712         (3) REIMBURSEMENT OF FUND.—If any moneys received from the
 6713  United States Secretary of Labor under 42 U.S.C. ss. 501-504,
 6714  any unencumbered balances in the Employment Security
 6715  Administration Trust Fund, any moneys granted to this state
 6716  under the Wagner-Peyser Act, or any moneys made available by
 6717  this state or its political subdivisions and matched by the
 6718  moneys granted to this state under the Wagner-Peyser Act, are
 6719  after reasonable notice and opportunity for hearing, found by
 6720  the United States Secretary of Labor, because of any action or
 6721  contingency, to be lost or expended for purposes other than, or
 6722  in amounts in excess of, those allowed by the United States
 6723  Secretary of Labor for the administration of this chapter, these
 6724  moneys shall be replaced by moneys appropriated for that purpose
 6725  from the General Revenue Fund to the Employment Security
 6726  Administration Trust Fund for expenditure as provided in
 6727  subsection (1). Upon receipt of notice of such a finding by the
 6728  United States Secretary of Labor, the Department of Commerce
 6729  Economic Opportunity shall promptly report the amount required
 6730  for replacement to the Governor. The Governor shall, at the
 6731  earliest opportunity, submit to the Legislature a request for
 6732  the appropriation of the replacement funds.
 6733         (4) RESPONSIBILITY FOR TRUST FUNDS.—In connection with its
 6734  duties under s. 443.181, the Department of Commerce Economic
 6735  Opportunity is responsible for the deposit, requisition,
 6736  expenditure, approval of payment, reimbursement, and reporting
 6737  in regard to the trust funds established by this section.
 6738         Section 201. Paragraph (a) of subsection (1) and
 6739  subsections (2), (3), and (4) of section 443.221, Florida
 6740  Statutes, are amended to read:
 6741         443.221 Reciprocal arrangements.—
 6742         (1)(a) The Department of Commerce Economic Opportunity or
 6743  its tax collection service provider may enter into reciprocal
 6744  arrangements with other states or with the Federal Government,
 6745  or both, for considering services performed by an individual for
 6746  a single employing unit for which services are performed by the
 6747  individual in more than one state as services performed entirely
 6748  within any one of the states:
 6749         1. In which any part of the individual’s service is
 6750  performed;
 6751         2. In which the individual has her or his residence; or
 6752         3. In which the employing unit maintains a place of
 6753  business.
 6754         (2) The Department of Commerce Economic Opportunity or its
 6755  tax collection service provider may make to other state or
 6756  federal agencies and receive from these other state or federal
 6757  agencies reimbursements from or to the fund, in accordance with
 6758  arrangements entered into under subsection (1).
 6759         (3) The Department of Commerce Economic Opportunity or its
 6760  tax collection service provider may enter into reciprocal
 6761  arrangements with other states or the Federal Government, or
 6762  both, for exchanging services, determining and enforcing payment
 6763  obligations, and making available facilities and information.
 6764  The department or its tax collection service provider may
 6765  conduct investigations, secure and transmit information, make
 6766  available services and facilities, and exercise other powers
 6767  provided under this chapter to facilitate the administration of
 6768  any reemployment assistance or unemployment compensation or
 6769  public employment service law and, in a similar manner, accept
 6770  and use information, services, and facilities made available to
 6771  this state by the agency charged with the administration of any
 6772  other unemployment compensation or public employment service
 6773  law.
 6774         (4) To the extent permissible under federal law, the
 6775  Department of Commerce Economic Opportunity may enter into or
 6776  cooperate in arrangements whereby facilities and services
 6777  provided under this chapter and facilities and services provided
 6778  under the reemployment assistance or unemployment compensation
 6779  law of any foreign government may be used for the taking of
 6780  claims and the payment of benefits under the employment security
 6781  law of the state or under a similar law of that government.
 6782         Section 202. Subsection (1) of section 445.002, Florida
 6783  Statutes, is amended to read:
 6784         445.002 Definitions.—As used in this chapter, the term:
 6785         (1) “Department” means the Department of Commerce Economic
 6786  Opportunity.
 6787         Section 203. Paragraph (b) of subsection (7) of section
 6788  445.003, Florida Statutes, is amended to read:
 6789         445.003 Implementation of the federal Workforce Innovation
 6790  and Opportunity Act.—
 6791         (7) DUTIES OF THE DEPARTMENT.—The department shall adopt
 6792  rules to implement the requirements of this chapter, including:
 6793         (b) Initial and subsequent eligibility criteria, based on
 6794  input from the state board, local workforce development boards,
 6795  the Department of Education, and other stakeholders, for the
 6796  Workforce Innovation and Opportunity Act eligible training
 6797  provider list. This list directs training resources to programs
 6798  leading to employment in high-demand and high-priority
 6799  occupations that provide economic security, particularly those
 6800  occupations facing a shortage of skilled workers. A training
 6801  provider who offers training to obtain a credential on the
 6802  Master Credentials List under s. 445.004(4)(h) may not be
 6803  included on a state or local eligible training provider list if
 6804  the provider fails to submit the required information or fails
 6805  to meet initial or subsequent eligibility criteria. Subsequent
 6806  eligibility criteria must use the performance and outcome
 6807  measures defined and reported under s. 1008.40, to determine
 6808  whether each program offered by a training provider is qualified
 6809  to remain on the list. The Department of Commerce Economic
 6810  Opportunity and the Department of Education shall establish the
 6811  minimum criteria a training provider must achieve for
 6812  completion, earnings, and employment rates of eligible
 6813  participants. A provider must meet at least two of the minimum
 6814  criteria for subsequent eligibility. The minimum program
 6815  criteria may not exceed the threshold at which more than 20
 6816  percent of all eligible training providers in the state would
 6817  fall below.
 6818         Section 204. Paragraph (h) of subsection (4) of section
 6819  445.004, Florida Statutes, is amended to read:
 6820         445.004 CareerSource Florida, Inc., and the state board;
 6821  creation; purpose; membership; duties and powers.—
 6822         (4)
 6823         (h)1. The state board shall appoint a Credentials Review
 6824  Committee to identify nondegree credentials and degree
 6825  credentials of value for approval by the state board and
 6826  inclusion in the Master Credentials List. Such credentials must
 6827  include registered apprenticeship programs; industry
 6828  certifications, including industry certifications for
 6829  agricultural occupations submitted pursuant to s. 570.07(43);
 6830  licenses; advanced technical certificates; college credit
 6831  certificates; career certificates; applied technology diplomas;
 6832  associate degrees; baccalaureate degrees; and graduate degrees.
 6833  The Credentials Review Committee must include:
 6834         a. The Chancellor of the Division of Public Schools.
 6835         b. The Chancellor of the Division of Career and Adult
 6836  Education.
 6837         c. The Chancellor of the Florida College System.
 6838         d. The Chancellor of the State University System.
 6839         e. The director of the Office of Reimagining Education and
 6840  Career Help, who shall serve as chair of the committee.
 6841         f. Four members from local workforce development boards,
 6842  with equal representation from urban and rural regions.
 6843         g. Two members from nonpublic postsecondary institutions.
 6844         h. Two members from industry associations.
 6845         i. Two members from Florida-based businesses.
 6846         j. Two members from the Department of Commerce Economic
 6847  Opportunity.
 6848         k. One member from the Department of Agriculture and
 6849  Consumer Services.
 6850         2. All information pertaining to the Credentials Review
 6851  Committee, the process for the approval of credentials of value,
 6852  and the Master Credentials List must be made available and be
 6853  easily accessible to the public on all relevant state agency
 6854  websites.
 6855         3. The Credentials Review Committee shall establish a
 6856  definition for credentials of value and create a framework of
 6857  quality. The framework must align with federally funded
 6858  workforce accountability requirements and undergo biennial
 6859  review.
 6860         4. The criteria to determine value for nondegree
 6861  credentials should, at a minimum, require:
 6862         a. Evidence that the credential meets labor market demand
 6863  as identified by the Labor Market Statistics Center within the
 6864  Department of Commerce Economic Opportunity or the Labor Market
 6865  Estimating Conference created in s. 216.136, or meets local
 6866  demand as identified in the criteria adopted by the Credentials
 6867  Review Committee. The Credentials Review Committee may consider
 6868  additional evidence to determine labor market demand for
 6869  credentials for agricultural occupations. Evidence to be
 6870  considered by the Credentials Review Committee must include
 6871  employer information on present credential use or emerging
 6872  opportunities.
 6873         b. Evidence that the competencies mastered upon completion
 6874  of the credential are aligned with labor market demand.
 6875         c. Evidence of the employment and earnings outcomes for
 6876  individuals after obtaining the credential. Earnings outcomes
 6877  must provide middle-level to high-level wages with preference
 6878  given to credentials generating high-level wages. Credentials
 6879  that do not meet the earnings outcomes criteria must be part of
 6880  a sequence of credentials that are required for the next level
 6881  occupation that does meet the earnings outcomes criteria in
 6882  order to be identified as a credential of value. For new
 6883  credentials, this criteria may be met with conditional
 6884  eligibility until measurable labor market outcomes are obtained.
 6885         5. The Credentials Review Committee shall establish the
 6886  criteria to determine value for degree programs. This criteria
 6887  must include evidence that the program meets statewide or
 6888  regional labor market demand as identified by the Labor Market
 6889  Statistics Center within the Department of Commerce Economic
 6890  Opportunity or the Labor Market Estimating Conference created in
 6891  s. 216.136, or meets local demand as determined by the
 6892  committee. The Credentials Review Committee may consider
 6893  additional evidence to determine labor market demand for
 6894  credentials for agricultural occupations. Such criteria, once
 6895  available and applicable to baccalaureate degrees and graduate
 6896  degrees, must be used to designate programs of emphasis under s.
 6897  1001.706 and to guide the development of program standards and
 6898  benchmarks under s. 1004.92.
 6899         6. The Credentials Review Committee shall establish a
 6900  process for prioritizing nondegree credentials and degree
 6901  programs based on critical statewide or regional shortages.
 6902         7. The Credentials Review Committee shall establish a
 6903  process for:
 6904         a. At a minimum, quarterly review and approval of
 6905  credential applications. Approved credentials of value shall be
 6906  used by the committee to develop the Master Credentials List.
 6907         b. Annual review of the Master Credentials List.
 6908         c. Phasing out credentials on the Master Credentials List
 6909  that no longer meet the framework of quality. Credentials must
 6910  remain on the list for at least 1 year after identification for
 6911  removal.
 6912         d. Designating performance funding eligibility under ss.
 6913  1011.80 and 1011.81, based upon the highest available
 6914  certification for postsecondary students.
 6915         e. Upon approval, the state board shall submit the Master
 6916  Credentials List to the State Board of Education. The list must,
 6917  at a minimum, identify nondegree credentials and degree programs
 6918  determined to be of value for purposes of the CAPE Industry
 6919  Certification Funding List adopted under ss. 1008.44 and
 6920  1011.62(1); if the credential or degree program meets statewide,
 6921  regional, or local level demand; the type of certificate,
 6922  credential, or degree; and the primary standard occupation
 6923  classification code.
 6924         f. If an application submitted to the Credentials Review
 6925  Committee does not meet the required standards, the Credentials
 6926  Review Committee must provide a notice of deficiency to the
 6927  applicant and the provider who was identified as the point of
 6928  contact provided on the application by the end of the next
 6929  quarter after receipt of the application. The notice must
 6930  include the basis for denial and the procedure to appeal the
 6931  denial.
 6932         8. The Credentials Review Committee shall establish a
 6933  process for linking Classifications of Instructional Programs
 6934  (CIP) to Standard Occupational Classifications (SOC) for all new
 6935  credentials of value identified on the Master Credentials List.
 6936  The CIP code aligns instructional programs to occupations. A CIP
 6937  to SOC link indicates that programs classified in the CIP code
 6938  category prepare individuals for jobs classified in the SOC code
 6939  category. The state board shall submit approved CIP to SOC
 6940  linkages to the State Board of Education with each credential
 6941  that is added to the Master Credentials List.
 6942         9. The Credentials Review Committee shall identify all data
 6943  elements necessary to collect information on credentials by the
 6944  Florida Education and Training Placement Program automated
 6945  system under s. 1008.39.
 6946         Section 205. Paragraph (a) of subsection (8) of section
 6947  445.009, Florida Statutes, is amended to read:
 6948         445.009 One-stop delivery system.—
 6949         (8)(a) Individual Training Accounts must be expended on
 6950  programs that prepare people to enter occupations identified by
 6951  the Labor Market Statistics Center within the Department of
 6952  Commerce Economic Opportunity and the Labor Market Estimating
 6953  Conference created by s. 216.136, and on other programs
 6954  recommended and approved by the state board following a review
 6955  by the department to determine the program’s compliance with
 6956  federal law.
 6957         Section 206. Subsection (5) of section 445.016, Florida
 6958  Statutes, is amended to read:
 6959         445.016 Untried Worker Placement and Employment Incentive
 6960  Act.—
 6961         (5) Incentives must be paid according to the incentive
 6962  schedule developed by CareerSource Florida, Inc., the Department
 6963  of Commerce Economic Opportunity, and the Department of Children
 6964  and Families which costs the state less per placement than the
 6965  state’s 12-month expenditure on a welfare recipient.
 6966         Section 207. Subsection (1) of section 445.024, Florida
 6967  Statutes, is amended to read:
 6968         445.024 Work requirements.—
 6969         (1) WORK ACTIVITIES.—The Department of Commerce Economic
 6970  Opportunity may develop activities under each of the following
 6971  categories of work activities. The following categories of work
 6972  activities, based on federal law and regulations, may be used
 6973  individually or in combination to satisfy the work requirements
 6974  for a participant in the temporary cash assistance program:
 6975         (a) Unsubsidized employment.
 6976         (b) Subsidized private sector employment.
 6977         (c) Subsidized public sector employment.
 6978         (d) On-the-job training.
 6979         (e) Community service programs.
 6980         (f) Work experience.
 6981         (g) Job search and job readiness assistance.
 6982         (h) Vocational educational training.
 6983         (i) Job skills training directly related to employment.
 6984         (j) Education directly related to employment.
 6985         (k) Satisfactory attendance at a secondary school or in a
 6986  course of study leading to a high school equivalency diploma.
 6987         (l) Providing child care services.
 6988         Section 208. Subsection (1) of section 445.0325, Florida
 6989  Statutes, is amended to read:
 6990         445.0325 Welfare Transition Trust Fund.—
 6991         (1) The Welfare Transition Trust Fund is created in the
 6992  State Treasury, to be administered by the Department of Commerce
 6993  Economic Opportunity. Funds shall be credited to the trust fund
 6994  to be used for the purposes of the welfare transition program
 6995  set forth in ss. 445.017-445.032.
 6996         Section 209. Section 445.038, Florida Statutes, is amended
 6997  to read:
 6998         445.038 Digital media; job training.—CareerSource Florida,
 6999  Inc., through the Department of Commerce Economic Opportunity,
 7000  may use funds dedicated for incumbent worker training for the
 7001  digital media industry. Training may be provided by public or
 7002  private training providers for broadband digital media jobs
 7003  listed on the occupations list developed by the Labor Market
 7004  Estimating Conference or the Labor Market Statistics Center
 7005  within the Department of Commerce Economic Opportunity and on
 7006  other programs recommended and approved by the state board
 7007  following a review by the department to determine the program’s
 7008  compliance with federal law. Programs that operate outside the
 7009  normal semester time periods and coordinate the use of industry
 7010  and public resources must be given priority status for funding.
 7011         Section 210. Subsection (2), paragraph (b) of subsection
 7012  (4), and subsection (6) of section 445.045, Florida Statutes,
 7013  are amended to read:
 7014         445.045 Development of an Internet-based system for
 7015  information technology industry promotion and workforce
 7016  recruitment.—
 7017         (2) CareerSource Florida, Inc., shall coordinate with the
 7018  Department of Management Services and the Department of Commerce
 7019  Economic Opportunity to ensure links, as feasible and
 7020  appropriate, to existing job information websites maintained by
 7021  the state and state agencies and to ensure that information
 7022  technology positions offered by the state and state agencies are
 7023  posted on the information technology website.
 7024         (4)
 7025         (b) CareerSource Florida, Inc., may enter into an agreement
 7026  with the Department of Commerce Economic Opportunity or any
 7027  other public agency with the requisite information technology
 7028  expertise for the provision of design, operating, or other
 7029  technological services necessary to develop and maintain the
 7030  website.
 7031         (6) In fulfilling its responsibilities under this section,
 7032  CareerSource Florida, Inc., may enlist the assistance of and act
 7033  through the Department of Commerce Economic Opportunity. The
 7034  department is authorized and directed to provide the services
 7035  that CareerSource Florida, Inc., and the department consider
 7036  necessary to implement this section.
 7037         Section 211. Section 445.056, Florida Statutes, is amended
 7038  to read:
 7039         445.056 Citizen Soldier Matching Grant Program.—The
 7040  Department of Commerce Economic Opportunity shall implement the
 7041  matching grant program established by the former Agency for
 7042  Workforce Innovation to award matching grants to private sector
 7043  employers in this state which provide wages to employees serving
 7044  in the United States Armed Forces Reserves or the Florida
 7045  National Guard while those employees are on federal active duty.
 7046  A grant may not be provided for federal active duty served
 7047  before January 1, 2005. Each grant shall be awarded to reimburse
 7048  the employer for not more than one-half of the monthly wages
 7049  paid to an employee who is a resident of this state for the
 7050  actual period of federal active duty. The monthly grant per
 7051  employee may not exceed one-half of the difference between the
 7052  amount of monthly wages paid by the employer to the employee at
 7053  the level paid before the date the employee was called to
 7054  federal active duty and the amount of the employee’s active duty
 7055  base pay, housing and variable allowances, and subsistence
 7056  allowance. The Department of Commerce Economic Opportunity shall
 7057  implement the plan administered by the former Agency for
 7058  Workforce Innovation.
 7059         Section 212. Subsection (2), paragraph (a) of subsection
 7060  (3), and subsection (5) of section 445.06, Florida Statutes, are
 7061  amended to read:
 7062         445.06 Florida Ready to Work Credential Program.—
 7063         (2) Training required to be eligible for a credential under
 7064  the program may be conducted in public middle and high schools,
 7065  Florida College System institutions, technical centers, one-stop
 7066  career centers, vocational rehabilitation centers, Department of
 7067  Corrections facilities, and Department of Juvenile Justice
 7068  educational facilities. Such training may also be made available
 7069  at other entities that provide job training. The Department of
 7070  Commerce Economic Opportunity, in coordination with the
 7071  Department of Education, shall establish institutional readiness
 7072  criteria for program implementation.
 7073         (3) The program shall be composed of:
 7074         (a) A comprehensive identification by the Department of
 7075  Commerce Economic Opportunity and the Department of Education of
 7076  employability skills currently in demand by employers,
 7077  including, but not limited to, professionalism, time management,
 7078  communication, problem solving, collaboration, resilience,
 7079  digital literacy skills, and academic skills such as mathematics
 7080  and reading.
 7081         (5) The Department of Commerce Economic Opportunity, in
 7082  consultation with the Department of Education, shall adopt rules
 7083  pursuant to ss. 120.536(1) and 120.54 to implement the
 7084  provisions of this section.
 7085         Section 213. Subsection (1) of section 445.07, Florida
 7086  Statutes, is amended to read:
 7087         445.07 Economic security report of employment and earning
 7088  outcomes.—
 7089         (1) Beginning December 31, 2013, and annually thereafter,
 7090  the Department of Commerce Economic Opportunity, in consultation
 7091  with the Department of Education, shall prepare, or contract
 7092  with an entity to prepare, an economic security report of
 7093  employment and earning outcomes for degrees or certificates
 7094  earned at public postsecondary educational institutions.
 7095         Section 214. Section 446.41, Florida Statutes, is amended
 7096  to read:
 7097         446.41 Legislative intent with respect to rural workforce
 7098  training and development; establishment of Rural Workforce
 7099  Services Program.—In order that the state may achieve its full
 7100  economic and social potential, consideration must be given to
 7101  rural workforce training and development to enable those living
 7102  in rural areas to develop their maximum capacities and
 7103  participate productively in society. It is, therefore, the
 7104  policy of the state to make available those services needed to
 7105  assist individuals and communities in rural areas to improve
 7106  their quality of life. It is with a great sense of urgency that
 7107  a Rural Workforce Services Program is established within the
 7108  Department of Commerce Economic Opportunity, under the direction
 7109  of CareerSource Florida, Inc., to provide equal access to all
 7110  manpower training programs available to rural as well as urban
 7111  areas.
 7112         Section 215. Paragraph (a) of subsection (1) and paragraph
 7113  (d) of subsection (2) of section 446.53, Florida Statutes, are
 7114  amended to read:
 7115         446.53 Concrete masonry education.—
 7116         (1)(a) The Florida Concrete Masonry Education Council,
 7117  Inc., is created as a nonprofit corporation organized under the
 7118  laws of this state and operating as a direct-support
 7119  organization of the Department of Commerce Economic Opportunity.
 7120         (2)
 7121         (d) In addition to the 13 voting members described in
 7122  paragraph (a), the Secretary of Commerce Economic Opportunity,
 7123  or his or her designee, shall serve ex officio as a nonvoting
 7124  member of the board of directors of the council.
 7125         Section 216. Subsections (1), (4), (5), (6), and (8) of
 7126  section 446.71, Florida Statutes, are amended to read:
 7127         446.71 Everglades Restoration Agricultural Community
 7128  Employment Training Program.—
 7129         (1) The Department of Commerce Economic Opportunity, in
 7130  cooperation with the state board as defined in s. 445.002, shall
 7131  establish the Everglades Restoration Agricultural Community
 7132  Employment Training Program within the Department of Commerce
 7133  Economic Opportunity. The Department of Commerce Economic
 7134  Opportunity shall use funds appropriated to the program by the
 7135  Legislature to provide grants to stimulate and support training
 7136  and employment programs that seek to match persons who complete
 7137  such training programs to nonagricultural employment
 7138  opportunities in areas of high agricultural unemployment, and to
 7139  provide other training, educational, and information services
 7140  necessary to stimulate the creation of jobs in the areas of high
 7141  agricultural unemployment. In determining whether to provide
 7142  funds to a particular program, the Department of Commerce
 7143  Economic Opportunity shall consider the location of the program
 7144  in proximity to the program’s intended participants.
 7145         (4) The Department of Commerce Economic Opportunity may not
 7146  award a grant to any given training program which exceeds 50
 7147  percent of the total cost of the program, unless the training
 7148  program is located within a rural area of opportunity, in which
 7149  case the grant may exceed 50 percent of the total cost of the
 7150  program and up to 100 percent. Matching contributions may
 7151  include in-kind services, including, but not limited to, the
 7152  provision of training instructors, equipment, and training
 7153  facilities.
 7154         (5) Before granting a request for funds made in accordance
 7155  with this section, the Department of Commerce Economic
 7156  Opportunity shall enter into a grant agreement with the
 7157  requester of funds and the institution receiving funding through
 7158  the program. Such agreement must include all of the following
 7159  information:
 7160         (a) An identification of the personnel necessary to conduct
 7161  the instructional program, the qualifications of such personnel,
 7162  and the respective responsibilities of the parties for paying
 7163  costs associated with the employment of such personnel.
 7164         (b) An identification of the estimated length of the
 7165  instructional program.
 7166         (c) An identification of all direct, training-related
 7167  costs, including tuition and fees, curriculum development, books
 7168  and classroom materials, and overhead or indirect costs.
 7169         (d) An identification of special program requirements that
 7170  are not otherwise addressed in the agreement.
 7171         (6) The Department of Commerce Economic Opportunity may
 7172  grant up to 100 percent of the tuition for a training program
 7173  participant who currently resides, and has resided for at least
 7174  3 of the 5 immediately preceding years, within the Everglades
 7175  Agricultural Area as described in s. 373.4592 and in counties
 7176  that provide for water storage and dispersed water storage that
 7177  are located in rural areas of opportunity as described in s.
 7178  288.0656.
 7179         (8) The Department of Commerce Economic Opportunity shall
 7180  adopt rules to implement this section.
 7181         Section 217. Effective July 1, 2024, subsection (2) of
 7182  section 448.09, Florida Statutes, as amended by section 6 of
 7183  chapter 2023-40, Laws of Florida, is amended to read:
 7184         448.09 Unauthorized aliens; employment prohibited.—
 7185         (2) If the Department of Commerce Economic Opportunity
 7186  finds or is notified by an entity specified in s. 448.095(3)(a)
 7187  that an employer has knowingly employed an unauthorized alien
 7188  without verifying the employment eligibility of such person, the
 7189  department must enter an order pursuant to chapter 120 making
 7190  such determination and require repayment of any economic
 7191  development incentive pursuant to s. 288.061(6).
 7192         Section 218. Paragraph (a) of subsection (3) and paragraphs
 7193  (a) and (b) of subsection (6) of section 448.095, Florida
 7194  Statutes, are amended to read:
 7195         448.095 Employment eligibility.—
 7196         (3) ENFORCEMENT.—
 7197         (a) For the purpose of enforcement of this section, any of
 7198  the following persons or entities may request, and an employer
 7199  must provide, copies of any documentation relied upon by the
 7200  employer for the verification of a new employee’s employment
 7201  eligibility:
 7202         1. The Department of Law Enforcement;
 7203         2. The Attorney General;
 7204         3. The state attorney in the circuit in which the new
 7205  employee works;
 7206         4. The statewide prosecutor; or
 7207         5. The Department of Commerce Economic Opportunity.
 7208         (6) COMPLIANCE.—
 7209         (a) In addition to the requirements under s. 288.061(6),
 7210  beginning on July 1, 2024, if the Department of Commerce
 7211  Economic Opportunity determines that an employer failed to use
 7212  the E-Verify system to verify the employment eligibility of
 7213  employees as required under this section, the department must
 7214  notify the employer of the department’s determination of
 7215  noncompliance and provide the employer with 30 days to cure the
 7216  noncompliance.
 7217         (b) If the Department of Commerce Economic Opportunity
 7218  determines that an employer failed to use the E-Verify system as
 7219  required under this section three times in any 24-month period,
 7220  the department must impose a fine of $1,000 per day until the
 7221  employer provides sufficient proof to the department that the
 7222  noncompliance is cured. Noncompliance constitutes grounds for
 7223  the suspension of all licenses issued by a licensing agency
 7224  subject to chapter 120 until the noncompliance is cured.
 7225         Section 219. Paragraph (a) of subsection (3) of section
 7226  448.109, Florida Statutes, is amended to read:
 7227         448.109 Notification of the state minimum wage.—
 7228         (3)(a) Each year the Department of Commerce Economic
 7229  Opportunity shall, on or before December 1, create and make
 7230  available to employers a poster in English and in Spanish which
 7231  reads substantially as follows:
 7232  
 7233                         NOTICE TO EMPLOYEES                       
 7234  
 7235         The Florida minimum wage is $ ...(amount)... per hour,
 7236         with a minimum wage of at least $ ...(amount)... per
 7237         hour for tipped employees, in addition to tips, for
 7238         January 1, ...(year)..., through December 31,
 7239         ...(year)....
 7240  
 7241         The rate of the minimum wage is recalculated yearly on
 7242         September 30, based on the Consumer Price Index. Every
 7243         year on January 1 the new Florida minimum wage takes
 7244         effect.
 7245  
 7246         An employer may not retaliate against an employee for
 7247         exercising his or her right to receive the minimum
 7248         wage. Rights protected by the State Constitution
 7249         include the right to:
 7250         1. File a complaint about an employer’s alleged
 7251         noncompliance with lawful minimum wage requirements.
 7252         2. Inform any person about an employer’s alleged
 7253         noncompliance with lawful minimum wage requirements.
 7254         3. Inform any person of his or her potential
 7255         rights under Section 24, Article X of the State
 7256         Constitution and to assist him or her in asserting
 7257         such rights.
 7258  
 7259         An employee who has not received the lawful minimum
 7260         wage after notifying his or her employer and giving
 7261         the employer 15 days to resolve any claims for unpaid
 7262         wages may bring a civil action in a court of law
 7263         against an employer to recover back wages plus damages
 7264         and attorney’s fees.
 7265  
 7266         An employer found liable for intentionally violating
 7267         minimum wage requirements is subject to a fine of
 7268         $1,000 per violation, payable to the state.
 7269  
 7270         The Attorney General or other official designated by
 7271         the Legislature may bring a civil action to enforce
 7272         the minimum wage.
 7273  
 7274         For details see Section 24, Article X of the State
 7275         Constitution.
 7276         Section 220. Subsections (2), (4), and (11) of section
 7277  448.110, Florida Statutes, are amended to read:
 7278         448.110 State minimum wage; annual wage adjustment;
 7279  enforcement.—
 7280         (2) The purpose of this section is to provide measures
 7281  appropriate for the implementation of s. 24, Art. X of the State
 7282  Constitution, in accordance with authority granted to the
 7283  Legislature pursuant to s. 24(f), Art. X of the State
 7284  Constitution. To implement s. 24, Art. X of the State
 7285  Constitution, the Department of Commerce Economic Opportunity is
 7286  designated as the state Agency for Workforce Innovation.
 7287         (4)(a) Beginning September 30, 2005, and annually on
 7288  September 30 thereafter, the Department of Commerce Economic
 7289  Opportunity shall calculate an adjusted state minimum wage rate
 7290  by increasing the state minimum wage by the rate of inflation
 7291  for the 12 months prior to September 1. In calculating the
 7292  adjusted state minimum wage, the Department of Commerce Economic
 7293  Opportunity shall use the Consumer Price Index for Urban Wage
 7294  Earners and Clerical Workers, not seasonally adjusted, for the
 7295  South Region or a successor index as calculated by the United
 7296  States Department of Labor. Each adjusted state minimum wage
 7297  rate shall take effect on the following January 1, with the
 7298  initial adjusted minimum wage rate to take effect on January 1,
 7299  2006.
 7300         (b) The Department of Revenue and the Department of
 7301  Commerce Economic Opportunity shall annually publish the amount
 7302  of the adjusted state minimum wage and the effective date.
 7303  Publication shall occur by posting the adjusted state minimum
 7304  wage rate and the effective date on the Internet home pages of
 7305  the Department of Commerce Economic Opportunity and the
 7306  Department of Revenue by October 15 of each year. In addition,
 7307  to the extent funded in the General Appropriations Act, the
 7308  Department of Commerce Economic Opportunity shall provide
 7309  written notice of the adjusted rate and the effective date of
 7310  the adjusted state minimum wage to all employers registered in
 7311  the most current reemployment assistance database. Such notice
 7312  shall be mailed by November 15 of each year using the addresses
 7313  included in the database. Employers are responsible for
 7314  maintaining current address information in the reemployment
 7315  assistance database. The Department of Commerce Economic
 7316  Opportunity is not responsible for failure to provide notice due
 7317  to incorrect or incomplete address information in the database.
 7318  The Department of Commerce Economic Opportunity shall provide
 7319  the Department of Revenue with the adjusted state minimum wage
 7320  rate information and effective date in a timely manner.
 7321         (11) Except for calculating the adjusted state minimum wage
 7322  and publishing the initial state minimum wage and any annual
 7323  adjustments thereto, the authority of the Department of Commerce
 7324  Economic Opportunity in implementing s. 24, Art. X of the State
 7325  Constitution, pursuant to this section, shall be limited to that
 7326  authority expressly granted by the Legislature.
 7327         Section 221. Section 450.161, Florida Statutes, as amended
 7328  by section 400 of chapter 2011-142, Laws of Florida, is amended
 7329  to read:
 7330         450.161 Chapter not to affect career education of children;
 7331  other exceptions.—Nothing in this chapter shall prevent minors
 7332  of any age from receiving career education furnished by the
 7333  United States, this state, or any county or other political
 7334  subdivision of this state and duly approved by the Department of
 7335  Education or other duly constituted authority, nor any
 7336  apprentice indentured under a plan approved by the Department of
 7337  Commerce Economic Opportunity, or prevent the employment of any
 7338  minor 14 years of age or older when such employment is
 7339  authorized as an integral part of, or supplement to, such a
 7340  course in career education and is authorized by regulations of
 7341  the district school board of the district in which such minor is
 7342  employed, provided the employment is in compliance with the
 7343  provisions of ss. 450.021(4) and 450.061. Exemptions for the
 7344  employment of student learners 16 to 18 years of age are
 7345  provided in s. 450.061. Such an exemption shall apply when:
 7346         (1) The student learner is enrolled in a youth vocational
 7347  training program under a recognized state or local educational
 7348  authority.
 7349         (2) Such student learner is employed under a written
 7350  agreement that provides:
 7351         (a) That the work of the student learner in the occupation
 7352  declared particularly hazardous shall be incidental to the
 7353  training.
 7354         (b) That such work shall be intermittent and for short
 7355  periods of time and under the direct and close supervision of a
 7356  qualified and experienced person.
 7357         (c) That safety instructions shall be given by the school
 7358  and correlated by the employer with on-the-job training.
 7359         (d) That a schedule of organized and progressive work
 7360  processes to be performed on the job shall have been prepared.
 7361  
 7362  Each such written agreement shall contain the name of the
 7363  student learner and shall be signed by the employer, the school
 7364  coordinator and principal, and the parent or legal guardian.
 7365  Copies of each agreement shall be kept on file by both the
 7366  school and the employer. This exemption for the employment of
 7367  student learners may be revoked in any individual situation when
 7368  it is found that reasonable precautions have not been observed
 7369  for the safety of minors employed thereunder. A high school
 7370  graduate may be employed in an occupation in which he or she has
 7371  completed training as a student learner, as provided in this
 7372  section, even though he or she is not yet 18 years of age.
 7373         Section 222. Paragraph (j) of subsection (1) of section
 7374  450.191, Florida Statutes, is amended to read:
 7375         450.191 Executive Office of the Governor; powers and
 7376  duties.—
 7377         (1) The Executive Office of the Governor is authorized and
 7378  directed to:
 7379         (j) Cooperate with the Department of Commerce Economic
 7380  Opportunity in the recruitment and referral of migrant laborers
 7381  and other persons for the planting, cultivation, and harvesting
 7382  of agricultural crops in Florida.
 7383         Section 223. Section 450.261, Florida Statutes, is amended
 7384  to read:
 7385         450.261 Interstate Migrant Labor Commission; Florida
 7386  membership.—In selecting the Florida membership of the
 7387  Interstate Migrant Labor Commission, the Governor may designate
 7388  the Secretary of Commerce Economic Opportunity as his or her
 7389  representative.
 7390         Section 224. Paragraph (e) of subsection (2) of section
 7391  450.31, Florida Statutes, is amended to read:
 7392         450.31 Issuance, revocation, and suspension of, and refusal
 7393  to issue or renew, certificate of registration.—
 7394         (2) The department may revoke, suspend, or refuse to issue
 7395  or renew any certificate of registration when it is shown that
 7396  the farm labor contractor has:
 7397         (e) Failed to pay reemployment assistance taxes as
 7398  determined by the Department of Commerce Economic Opportunity;
 7399  or
 7400         Section 225. Subsection (3) of section 468.529, Florida
 7401  Statutes, is amended to read:
 7402         468.529 Licensee’s insurance; employment tax; benefit
 7403  plans.—
 7404         (3) A licensed employee leasing company shall within 30
 7405  days after initiation or termination notify its workers’
 7406  compensation insurance carrier, the Division of Workers’
 7407  Compensation of the Department of Financial Services, and the
 7408  state agency providing reemployment assistance tax collection
 7409  services under contract with the Department of Commerce Economic
 7410  Opportunity through an interagency agreement pursuant to s.
 7411  443.1316 of both the initiation or the termination of the
 7412  company’s relationship with any client company.
 7413         Section 226. Paragraph (i) of subsection (4) of section
 7414  551.104, Florida Statutes, is amended to read:
 7415         551.104 License to conduct slot machine gaming.—
 7416         (4) As a condition of licensure and to maintain continued
 7417  authority for the conduct of slot machine gaming, the slot
 7418  machine licensee shall:
 7419         (i) Create and file with the commission a written policy
 7420  for:
 7421         1. Creating opportunities to purchase from vendors in this
 7422  state, including minority vendors.
 7423         2. Creating opportunities for employment of residents of
 7424  this state, including minority residents.
 7425         3. Ensuring opportunities for construction services from
 7426  minority contractors.
 7427         4. Ensuring that opportunities for employment are offered
 7428  on an equal, nondiscriminatory basis.
 7429         5. Training for employees on responsible gaming and working
 7430  with a compulsive or addictive gambling prevention program to
 7431  further its purposes as provided for in s. 551.118.
 7432         6. The implementation of a drug-testing program that
 7433  includes, but is not limited to, requiring each employee to sign
 7434  an agreement that he or she understands that the slot machine
 7435  facility is a drug-free workplace.
 7436  
 7437  The slot machine licensee shall use the Internet-based job
 7438  listing system of the Department of Commerce Economic
 7439  Opportunity in advertising employment opportunities. Each slot
 7440  machine licensee shall provide an annual report to the Florida
 7441  Gaming Control Commission containing information indicating
 7442  compliance with this paragraph in regard to minority persons.
 7443         Section 227. Paragraph (e) of subsection (16) of section
 7444  553.79, Florida Statutes, is amended to read:
 7445         553.79 Permits; applications; issuance; inspections.—
 7446         (16) Except as provided in paragraph (e), a building permit
 7447  for a single-family residential dwelling must be issued within
 7448  30 business days after receiving the permit application unless
 7449  the permit application fails to satisfy the Florida Building
 7450  Code or the enforcing agency’s laws or ordinances.
 7451         (e) A building permit for a single-family residential
 7452  dwelling applied for by a contractor licensed in this state on
 7453  behalf of a property owner who participates in a Community
 7454  Development Block Grant–Disaster Recovery program administered
 7455  by the Department of Commerce Economic Opportunity must be
 7456  issued within 15 working days after receipt of the application
 7457  unless the permit application fails to satisfy the Florida
 7458  Building Code or the enforcing agency’s laws or ordinances.
 7459         Section 228. Subsection (10) of section 570.71, Florida
 7460  Statutes, is amended to read:
 7461         570.71 Conservation easements and agreements.—
 7462         (10) The department, in consultation with the Department of
 7463  Environmental Protection, the water management districts, the
 7464  Department of Commerce Economic Opportunity, and the Florida
 7465  Fish and Wildlife Conservation Commission, shall adopt rules
 7466  that establish an application process; a process and criteria
 7467  for setting priorities for use of funds consistent with the
 7468  purposes specified in subsection (1) and giving preference to
 7469  ranch and timber lands managed using sustainable practices,
 7470  lands in imminent danger of development or degradation, or lands
 7471  within the Florida wildlife corridor as defined in s.
 7472  259.1055(4); an appraisal process; and a process for title
 7473  review and compliance and approval of the rules by the Board of
 7474  Trustees of the Internal Improvement Trust Fund.
 7475         Section 229. Paragraph (d) of subsection (1), paragraph (e)
 7476  of subsection (2), subsection (3), and paragraph (a) of
 7477  subsection (4) of section 624.5105, Florida Statutes, are
 7478  amended to read:
 7479         624.5105 Community contribution tax credit; authorization;
 7480  limitations; eligibility and application requirements;
 7481  administration; definitions; expiration.—
 7482         (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
 7483         (d) Each proposal for the granting of such tax credit
 7484  requires the prior approval of the Secretary of Commerce
 7485  Economic Opportunity.
 7486         (2) ELIGIBILITY REQUIREMENTS.—
 7487         (e)1. If, during the first 10 business days of the state
 7488  fiscal year, eligible tax credit applications for projects that
 7489  provide housing opportunities for persons with special needs as
 7490  defined in s. 420.0004 or homeownership opportunities for low
 7491  income or very-low-income households as defined in s.
 7492  420.9071(20) and (30) are received for less than the annual tax
 7493  credits available for those projects, the Department of Commerce
 7494  Economic Opportunity shall grant tax credits for those
 7495  applications and shall grant remaining tax credits on a first
 7496  come, first-served basis for any subsequent eligible
 7497  applications received before the end of the state fiscal year.
 7498  If, during the first 10 business days of the state fiscal year,
 7499  eligible tax credit applications for projects that provide
 7500  housing opportunities for persons with special needs as defined
 7501  in s. 420.0004 or homeownership opportunities for low-income or
 7502  very-low-income households as defined in s. 420.9071(20) and
 7503  (30) are received for more than the annual tax credits available
 7504  for those projects, the Department of Commerce Economic
 7505  Opportunity shall grant the tax credits for those applications
 7506  as follows:
 7507         a. If tax credit applications submitted for approved
 7508  projects of an eligible sponsor do not exceed $200,000 in total,
 7509  the credits shall be granted in full if the tax credit
 7510  applications are approved.
 7511         b. If tax credit applications submitted for approved
 7512  projects of an eligible sponsor exceed $200,000 in total, the
 7513  amount of tax credits granted under sub-subparagraph a. shall be
 7514  subtracted from the amount of available tax credits, and the
 7515  remaining credits shall be granted to each approved tax credit
 7516  application on a pro rata basis.
 7517         2. If, during the first 10 business days of the state
 7518  fiscal year, eligible tax credit applications for projects other
 7519  than those that provide housing opportunities for persons with
 7520  special needs as defined in s. 420.0004 or homeownership
 7521  opportunities for low-income or very-low-income households as
 7522  defined in s. 420.9071(20) and (30) are received for less than
 7523  the annual tax credits available for those projects, the
 7524  Department of Commerce Economic Opportunity shall grant tax
 7525  credits for those applications and shall grant remaining tax
 7526  credits on a first-come, first-served basis for any subsequent
 7527  eligible applications received before the end of the state
 7528  fiscal year. If, during the first 10 business days of the state
 7529  fiscal year, eligible tax credit applications for projects other
 7530  than those that provide housing opportunities for persons with
 7531  special needs as defined in s. 420.0004 or homeownership
 7532  opportunities for low-income or very-low-income households as
 7533  defined in s. 420.9071(20) and (30) are received for more than
 7534  the annual tax credits available for those projects, the
 7535  Department of Commerce Economic Opportunity shall grant the tax
 7536  credits for those applications on a pro rata basis.
 7537         (3) APPLICATION REQUIREMENTS.—
 7538         (a) Any eligible sponsor wishing to participate in this
 7539  program must submit a proposal to the Department of Commerce
 7540  Economic Opportunity which sets forth the sponsor, the project,
 7541  the area in which the project is located, and such supporting
 7542  information as may be prescribed by rule. The proposal shall
 7543  also contain a resolution from the local governmental unit in
 7544  which the proposed project is located certifying that the
 7545  project is consistent with local plans and regulations.
 7546         (b)1. Any insurer wishing to participate in this program
 7547  must submit an application for tax credit to the Department of
 7548  Commerce Economic Opportunity which sets forth the sponsor; the
 7549  project; and the type, value, and purpose of the contribution.
 7550  The sponsor must verify, in writing, the terms of the
 7551  application and indicate its willingness to receive the
 7552  contribution, which verification must accompany the application
 7553  for tax credit.
 7554         2. The insurer must submit a separate application for tax
 7555  credit for each individual contribution which it proposes to
 7556  contribute to each individual project.
 7557         (4) ADMINISTRATION.—
 7558         (a)1. The Department of Commerce Economic Opportunity may
 7559  adopt rules to administer this section, including rules for the
 7560  approval or disapproval of proposals by insurers.
 7561         2. The decision of the Secretary of Commerce Economic
 7562  Opportunity shall be in writing, and, if approved, the proposal
 7563  shall state the maximum credit allowable to the insurer. A copy
 7564  of the decision shall be transmitted to the executive director
 7565  of the Department of Revenue, who shall apply such credit to the
 7566  tax liability of the insurer.
 7567         3. The Department of Commerce Economic Opportunity shall
 7568  monitor all projects periodically, in a manner consistent with
 7569  available resources to ensure that resources are utilized in
 7570  accordance with this section; however, each project shall be
 7571  reviewed no less frequently than once every 2 years.
 7572         4. The Department of Commerce Economic Opportunity shall,
 7573  in consultation with the Florida Housing Finance Corporation and
 7574  the statewide and regional housing and financial intermediaries,
 7575  market the availability of the community contribution tax credit
 7576  program to community-based organizations.
 7577         Section 230. Paragraph (c) of subsection (1) of section
 7578  627.42397, Florida Statutes, is amended to read:
 7579         627.42397 Coverage for air ambulance services.—
 7580         (1) As used in this section, the term:
 7581         (c) “Reasonable reimbursement” means reimbursement that
 7582  considers the direct cost to provide the air ambulance
 7583  transportation service to the insured, the operation of an air
 7584  ambulance service by a county which operates entirely within a
 7585  designated area of critical state concern as determined by the
 7586  Department of Commerce Economic Opportunity, and in-network
 7587  reimbursement established by the health insurer for the specific
 7588  policy. The term does not include the amount of billed charges
 7589  for the cost of services rendered.
 7590         Section 231. Paragraph (c) of subsection (1) of section
 7591  641.514, Florida Statutes, is amended to read:
 7592         641.514 Coverage for air ambulance services.—
 7593         (1) As used in this section, the term:
 7594         (c) “Reasonable reimbursement” means reimbursement that
 7595  considers the direct cost to provide the air ambulance
 7596  transportation service to the subscriber, the operation of an
 7597  air ambulance service by a county which operates entirely within
 7598  a designated area of critical state concern as determined by the
 7599  Department of Commerce Economic Opportunity, and in-network
 7600  reimbursement established by the health maintenance organization
 7601  for the specific contract. The term does not include the amount
 7602  of billed charges for the cost of services rendered.
 7603         Section 232. Paragraph (a) of subsection (3), paragraph (b)
 7604  of subsection (7), and subsection (10) of section 692.203,
 7605  Florida Statutes, are amended to read:
 7606         692.203 Purchase of real property on or around military
 7607  installations or critical infrastructure facilities by foreign
 7608  principals prohibited.—
 7609         (3)(a) A foreign principal must register with the
 7610  Department of Commerce Economic Opportunity if the foreign
 7611  principal owns or acquires real property on or within 10 miles
 7612  of any military installation or critical infrastructure facility
 7613  in this state as authorized under subsection (4) or if the
 7614  foreign principal owned or acquired an interest, other than a de
 7615  minimus indirect interest, in such property before July 1, 2023.
 7616  The department must establish a form for such registration
 7617  which, at a minimum, must include all of the following:
 7618         1. The name of the owner of the real property.
 7619         2. The address of the real property, the property
 7620  appraiser’s parcel identification number, and the property’s
 7621  legal description.
 7622         (7)
 7623         (b) The Department of Commerce Economic Opportunity may
 7624  initiate a civil action in the circuit court of the county in
 7625  which the property lies for the forfeiture of the real property
 7626  or any interest therein.
 7627         (10) The Department of Commerce Economic Opportunity shall
 7628  adopt rules to implement this section.
 7629         Section 233. Paragraph (a) of subsection (4), paragraph (b)
 7630  of subsection (7), and subsection (10) of section 692.204,
 7631  Florida Statutes, are amended to read:
 7632         692.204 Purchase or acquisition of real property by the
 7633  People’s Republic of China prohibited.—
 7634         (4)(a) A person or entity described in paragraph (1)(a),
 7635  subsection (2), or subsection (5) must register with the
 7636  Department of Commerce Economic Opportunity if the person or
 7637  entity owns or acquires more than a de minimus indirect interest
 7638  in real property in this state. The department must establish a
 7639  form for such registration which, at a minimum, must include all
 7640  of the following:
 7641         1. The name of the owner of the real property.
 7642         2. The address of the real property, the property
 7643  appraiser’s parcel identification number, and the property’s
 7644  legal description.
 7645         (7)
 7646         (b) The Department of Commerce Economic Opportunity may
 7647  initiate a civil action in the circuit court of the county in
 7648  which the property lies for the forfeiture of the real property
 7649  or any interest therein.
 7650         (10) The Department of Commerce Economic Opportunity shall
 7651  adopt rules to implement this section.
 7652         Section 234. Subsection (2) of section 720.403, Florida
 7653  Statutes, is amended to read:
 7654         720.403 Preservation of communities; revival of declaration
 7655  of covenants.—
 7656         (2) In order to preserve a community and the associated
 7657  infrastructure and common areas for the purposes described in
 7658  this section, the parcel owners in a community that was
 7659  previously subject to a declaration of covenants that has ceased
 7660  to govern one or more parcels in the community may revive the
 7661  declaration and the association for the community upon approval
 7662  by the parcel owners to be governed thereby as provided in this
 7663  act, and upon approval of the declaration and the other
 7664  governing documents for the association by the Department of
 7665  Commerce Economic Opportunity in a manner consistent with this
 7666  act.
 7667         Section 235. Section 720.404, Florida Statutes, is amended
 7668  to read:
 7669         720.404 Eligible communities; requirements for revival of
 7670  declaration.—Parcel owners in a community are eligible to seek
 7671  approval from the Department of Commerce Economic Opportunity to
 7672  revive a declaration of covenants under this act if all of the
 7673  following requirements are met:
 7674         (1) All parcels to be governed by the revived declaration
 7675  must have been once governed by a previous declaration that has
 7676  ceased to govern some or all of the parcels in the community;
 7677         (2) The revived declaration must be approved in the manner
 7678  provided in s. 720.405(6); and
 7679         (3) The revived declaration may not contain covenants that
 7680  are more restrictive on the parcel owners than the covenants
 7681  contained in the previous declaration, except that the
 7682  declaration may:
 7683         (a) Have an effective term of longer duration than the term
 7684  of the previous declaration;
 7685         (b) Omit restrictions contained in the previous
 7686  declaration;
 7687         (c) Govern fewer than all of the parcels governed by the
 7688  previous declaration;
 7689         (d) Provide for amendments to the declaration and other
 7690  governing documents; and
 7691         (e) Contain provisions required by this chapter for new
 7692  declarations that were not contained in the previous
 7693  declaration.
 7694         Section 236. Section 720.406, Florida Statutes, is amended
 7695  to read:
 7696         720.406 Department of Commerce Economic Opportunity;
 7697  submission; review and determination.—
 7698         (1) No later than 60 days after the date the proposed
 7699  revived declaration and other governing documents are approved
 7700  by the affected parcel owners, the organizing committee or its
 7701  designee must submit the proposed revived governing documents
 7702  and supporting materials to the Department of Commerce Economic
 7703  Opportunity to review and determine whether to approve or
 7704  disapprove of the proposal to preserve the residential
 7705  community. The submission to the department must include:
 7706         (a) The full text of the proposed revived declaration of
 7707  covenants and articles of incorporation and bylaws of the
 7708  homeowners’ association;
 7709         (b) A verified copy of the previous declaration of
 7710  covenants and other previous governing documents for the
 7711  community, including any amendments thereto;
 7712         (c) The legal description of each parcel to be subject to
 7713  the revived declaration and other governing documents and a plat
 7714  or other graphic depiction of the affected properties in the
 7715  community;
 7716         (d) A verified copy of the written consents of the
 7717  requisite number of the affected parcel owners approving the
 7718  revived declaration and other governing documents or, if
 7719  approval was obtained by a vote at a meeting of affected parcel
 7720  owners, verified copies of the notice of the meeting,
 7721  attendance, and voting results;
 7722         (e) An affidavit by a current or former officer of the
 7723  association or by a member of the organizing committee verifying
 7724  that the requirements for the revived declaration set forth in
 7725  s. 720.404 have been satisfied; and
 7726         (f) Such other documentation that the organizing committee
 7727  believes is supportive of the policy of preserving the
 7728  residential community and operating, managing, and maintaining
 7729  the infrastructure, aesthetic character, and common areas
 7730  serving the residential community.
 7731         (2) No later than 60 days after receiving the submission,
 7732  the department must determine whether the proposed revived
 7733  declaration of covenants and other governing documents comply
 7734  with the requirements of this act.
 7735         (a) If the department determines that the proposed revived
 7736  declaration and other governing documents comply with the act
 7737  and have been approved by the parcel owners as required by this
 7738  act, the department shall notify the organizing committee in
 7739  writing of its approval.
 7740         (b) If the department determines that the proposed revived
 7741  declaration and other governing documents do not comply with
 7742  this act or have not been approved as required by this act, the
 7743  department shall notify the organizing committee in writing that
 7744  it does not approve the governing documents and shall state the
 7745  reasons for the disapproval.
 7746         Section 237. Subsections (2) and (8) of section 943.0311,
 7747  Florida Statutes, are amended to read:
 7748         943.0311 Chief of Domestic Security; duties of the
 7749  department with respect to domestic security.—
 7750         (2) The chief shall regularly coordinate random audits
 7751  pursuant to s. 448.095 to ensure compliance and enforcement and
 7752  shall notify the Department of Commerce Economic Opportunity of
 7753  any violations.
 7754         (8) As used in this section, the term “state agency”
 7755  includes the Agency for Health Care Administration, the
 7756  Department of Agriculture and Consumer Services, the Department
 7757  of Business and Professional Regulation, the Department of
 7758  Children and Families, the Department of Citrus, the Department
 7759  of Commerce Economic Opportunity, the Department of Corrections,
 7760  the Department of Education, the Department of Elderly Affairs,
 7761  the Division of Emergency Management, the Department of
 7762  Environmental Protection, the Department of Financial Services,
 7763  the Department of Health, the Department of Highway Safety and
 7764  Motor Vehicles, the Department of Juvenile Justice, the
 7765  Department of Law Enforcement, the Department of Legal Affairs,
 7766  the Department of Management Services, the Department of
 7767  Military Affairs, the Department of Revenue, the Department of
 7768  State, the Department of the Lottery, the Department of
 7769  Transportation, the Department of Veterans’ Affairs, the Fish
 7770  and Wildlife Conservation Commission, the Florida Commission on
 7771  Offender Review, the State Board of Administration, and the
 7772  Executive Office of the Governor.
 7773         Section 238. Paragraph (h) of subsection (3) of section
 7774  944.801, Florida Statutes, is amended to read:
 7775         944.801 Education for state prisoners.—
 7776         (3) The responsibilities of the Correctional Education
 7777  Program shall be to:
 7778         (h) Develop a written procedure for selecting programs to
 7779  add to or delete from the vocational curriculum. The procedure
 7780  shall include labor market analyses that demonstrate the
 7781  projected demand for certain occupations and the projected
 7782  supply of potential employees. In conducting these analyses, the
 7783  department shall evaluate the feasibility of adding vocational
 7784  education programs that have been identified by the Department
 7785  of Commerce Economic Opportunity, the Department of Education,
 7786  or a regional coordinating council as being in undersupply in
 7787  this state. The department shall periodically reevaluate the
 7788  vocational education programs in major institutions to determine
 7789  which of the programs support and provide relevant skills to
 7790  inmates who could be assigned to a correctional work program
 7791  that is operated as a Prison Industry Enhancement Program.
 7792         Section 239. Paragraph (d) of subsection (3) of section
 7793  945.10, Florida Statutes, is amended to read:
 7794         945.10 Confidential information.—
 7795         (3) Due to substantial concerns regarding institutional
 7796  security and unreasonable and excessive demands on personnel and
 7797  resources if an inmate or an offender has unlimited or routine
 7798  access to records of the Department of Corrections, an inmate or
 7799  an offender who is under the jurisdiction of the department may
 7800  not have unrestricted access to the department’s records or to
 7801  information contained in the department’s records. However,
 7802  except as to another inmate’s or offender’s records, the
 7803  department may permit limited access to its records if an inmate
 7804  or an offender makes a written request and demonstrates an
 7805  exceptional need for information contained in the department’s
 7806  records and the information is otherwise unavailable.
 7807  Exceptional circumstances include, but are not limited to:
 7808         (d) The requested records contain information required to
 7809  process an application or claim by the inmate or offender with
 7810  the Internal Revenue Service, the Social Security
 7811  Administration, the Department of Commerce Economic Opportunity,
 7812  or any other similar application or claim with a state agency or
 7813  federal agency.
 7814         Section 240. Subsection (4) of section 985.601, Florida
 7815  Statutes, is amended to read:
 7816         985.601 Administering the juvenile justice continuum.—
 7817         (4) The department shall maintain continuing cooperation
 7818  with the Department of Education, the Department of Children and
 7819  Families, the Department of Commerce Economic Opportunity, and
 7820  the Department of Corrections for the purpose of participating
 7821  in agreements with respect to dropout prevention and the
 7822  reduction of suspensions, expulsions, and truancy; increased
 7823  access to and participation in high school equivalency diploma,
 7824  vocational, and alternative education programs; and employment
 7825  training and placement assistance. The cooperative agreements
 7826  between the departments shall include an interdepartmental plan
 7827  to cooperate in accomplishing the reduction of inappropriate
 7828  transfers of children into the adult criminal justice and
 7829  correctional systems. As part of its continuing cooperation, the
 7830  department shall participate in the planning process for
 7831  promoting a coordinated system of care for children and
 7832  adolescents pursuant to s. 394.4955.
 7833         Section 241. Paragraph (w) of subsection (2) of section
 7834  1001.02, Florida Statutes, is amended to read:
 7835         1001.02 General powers of State Board of Education.—
 7836         (2) The State Board of Education has the following duties:
 7837         (w) Beginning in the 2014-2015 academic year and annually
 7838  thereafter, to require each Florida College System institution
 7839  prior to registration to provide each enrolled student
 7840  electronic access to the economic security report of employment
 7841  and earning outcomes prepared by the Department of Commerce
 7842  Economic Opportunity pursuant to s. 445.07.
 7843         Section 242. Subsection (18) of section 1001.03, Florida
 7844  Statutes, is amended to read:
 7845         1001.03 Specific powers of State Board of Education.—
 7846         (18) UNIFIED STATE PLAN FOR SCIENCE, TECHNOLOGY,
 7847  ENGINEERING, AND MATHEMATICS (STEM).—The State Board of
 7848  Education, in consultation with the Board of Governors and the
 7849  Department of Commerce Economic Opportunity, shall adopt a
 7850  unified state plan to improve K-20 STEM education and prepare
 7851  students for high-skill, high-wage, and high-demand employment
 7852  in STEM and STEM-related fields.
 7853         Section 243. Paragraphs (b), (d), and (i) of subsection (5)
 7854  of section 1001.706, Florida Statutes, are amended to read:
 7855         1001.706 Powers and duties of the Board of Governors.—
 7856         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
 7857         (b) The Board of Governors shall develop a strategic plan
 7858  specifying goals and objectives for the State University System
 7859  and each constituent university, including each university’s
 7860  contribution to overall system goals and objectives. The
 7861  strategic plan must:
 7862         1. Include performance metrics and standards common for all
 7863  institutions and metrics and standards unique to institutions
 7864  depending on institutional core missions, including, but not
 7865  limited to, student admission requirements, retention,
 7866  graduation, percentage of graduates who have attained
 7867  employment, percentage of graduates enrolled in continued
 7868  education, licensure passage, nondegree credential attainment,
 7869  average wages of employed graduates, average cost per graduate,
 7870  excess hours, student loan burden and default rates, faculty
 7871  awards, total annual research expenditures, patents, licenses
 7872  and royalties, intellectual property, startup companies, annual
 7873  giving, endowments, and well-known, highly respected national
 7874  rankings for institutional and program achievements.
 7875         2. Consider reports and recommendations of the Florida
 7876  Talent Development Council under s. 1004.015 and the
 7877  Articulation Coordinating Committee under s. 1007.01, and the
 7878  information provided by the Labor Market Statistics Center
 7879  within the Department of Commerce Economic Opportunity and the
 7880  Labor Market Estimating Conference.
 7881         3. Include student enrollment and performance data
 7882  delineated by method of instruction, including, but not limited
 7883  to, traditional, online, and distance learning instruction.
 7884         4. Include criteria for designating baccalaureate degree
 7885  and master’s degree programs at specified universities as high
 7886  demand programs of emphasis. Once the criteria are available and
 7887  applicable to baccalaureate degrees and graduate degrees, the
 7888  Board of Governors shall adopt the criteria to determine value
 7889  for and prioritization of degree credentials and degree programs
 7890  established by the Credentials Review Committee under s. 445.004
 7891  for designating high-demand programs of emphasis. The Board of
 7892  Governors must review designated programs of emphasis, at a
 7893  minimum, every 3 years to ensure alignment with the
 7894  prioritization of degree credentials and degree programs
 7895  identified by the Credentials Review Committee.
 7896         5. Include criteria for nondegree credentials.
 7897         (d) The Board of Governors shall annually require a state
 7898  university prior to registration to provide each enrolled
 7899  student electronic access to the economic security report of
 7900  employment and earning outcomes prepared by the Department of
 7901  Commerce Economic Opportunity pursuant to s. 445.07. In
 7902  addition, the Board of Governors shall require a state
 7903  university to provide each student electronic access to the
 7904  following information each year prior to registration using the
 7905  data described in s. 1008.39:
 7906         1. The top 25 percent of degrees reported by the university
 7907  in terms of highest full-time job placement and highest average
 7908  annualized earnings in the year after earning the degree.
 7909         2. The bottom 10 percent of degrees reported by the
 7910  university in terms of lowest full-time job placement and lowest
 7911  average annualized earnings in the year after earning the
 7912  degree.
 7913         (i) The Board of Governors shall match individual student
 7914  information with information in the files of state and federal
 7915  agencies that maintain educational and employment records. The
 7916  board must enter into an agreement with the Department of
 7917  Commerce Economic Opportunity that allows access to the
 7918  individual reemployment assistance wage records maintained by
 7919  the department. The agreement must protect individual privacy
 7920  and provide that student information may be used only for the
 7921  purposes of auditing or evaluating higher education programs
 7922  offered by state universities.
 7923         Section 244. Subsection (24) of section 1002.20, Florida
 7924  Statutes, is amended to read:
 7925         1002.20 K-12 student and parent rights.—Parents of public
 7926  school students must receive accurate and timely information
 7927  regarding their child’s academic progress and must be informed
 7928  of ways they can help their child to succeed in school. K-12
 7929  students and their parents are afforded numerous statutory
 7930  rights including, but not limited to, the following:
 7931         (24) ECONOMIC SECURITY REPORT.—Beginning in the 2014-2015
 7932  school year and annually thereafter, each middle school and high
 7933  school student or the student’s parent prior to registration
 7934  shall be provided a two-page summary of the Department of
 7935  Commerce’s Economic Opportunity’s economic security report of
 7936  employment and earning outcomes prepared pursuant to s. 445.07
 7937  and electronic access to the report.
 7938         Section 245. Paragraph (a) of subsection (7) of section
 7939  1002.395, Florida Statutes, is amended to read:
 7940         1002.395 Florida Tax Credit Scholarship Program.—
 7941         (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
 7942  PARTICIPATION.—
 7943         (a) A parent whose student will be enrolled full time in a
 7944  private school must:
 7945         1. Select an eligible private school and apply for the
 7946  admission of his or her child.
 7947         2. Inform the child’s school district when the parent
 7948  withdraws his or her child to attend an eligible private school.
 7949         3. Require his or her student participating in the program
 7950  to remain in attendance throughout the school year unless
 7951  excused by the school for illness or other good cause and comply
 7952  with the private school’s published policies.
 7953         4. Meet with the private school’s principal or the
 7954  principal’s designee to review the school’s academic programs
 7955  and policies, specialized services, code of student conduct, and
 7956  attendance policies before enrollment in the private school.
 7957         5. Require his or her student participating in the program
 7958  to take the norm-referenced assessment offered by the private
 7959  school. The parent may also choose to have the student
 7960  participate in the statewide assessments pursuant to s. 1008.22.
 7961  If the parent requests that the student participating in the
 7962  scholarship program take statewide assessments pursuant to s.
 7963  1008.22 and the private school has not chosen to offer and
 7964  administer the statewide assessments, the parent is responsible
 7965  for transporting the student to the assessment site designated
 7966  by the school district.
 7967         6. Approve each payment before the scholarship funds may be
 7968  deposited by funds transfer. The parent may not designate any
 7969  entity or individual associated with the participating private
 7970  school as the parent’s attorney in fact to approve a funds
 7971  transfer. A participant who fails to comply with this paragraph
 7972  forfeits the scholarship.
 7973         7. Authorize the nonprofit scholarship-funding organization
 7974  to access information needed for income eligibility
 7975  determination and verification held by other state or federal
 7976  agencies, including the Department of Revenue, the Department of
 7977  Children and Families, the Department of Education, the
 7978  Department of Commerce Economic Opportunity, and the Agency for
 7979  Health Care Administration.
 7980         8. Agree to have the organization commit scholarship funds
 7981  on behalf of his or her student for tuition and fees for which
 7982  the parent is responsible for payment at the private school
 7983  before using empowerment account funds for additional authorized
 7984  uses under paragraph (6)(d). A parent is responsible for all
 7985  eligible expenses in excess of the amount of the scholarship.
 7986  
 7987  An eligible nonprofit scholarship-funding organization may not
 7988  further regulate, exercise control over, or require
 7989  documentation beyond the requirements of this subsection unless
 7990  the regulation, control, or documentation is necessary for
 7991  participation in the program.
 7992         Section 246. Paragraph (a) of subsection (6) of section
 7993  1002.895, Florida Statutes, is amended to read:
 7994         1002.895 Market rate schedule.—The school readiness program
 7995  market rate schedule shall be implemented as follows:
 7996         (6) The department shall establish procedures to annually
 7997  collect data regarding the cost of care to include, but not be
 7998  limited to:
 7999         (a) Data from the Department of Commerce’s Economic
 8000  Opportunity’s Bureau of Workforce Statistics and Economic
 8001  Research on the average salary for child care personnel to
 8002  include, at a minimum, child care instructors and child care
 8003  directors.
 8004         Section 247. Paragraph (e) of subsection (1) of section
 8005  1003.4156, Florida Statutes, is amended to read:
 8006         1003.4156 General requirements for middle grades
 8007  promotion.—
 8008         (1) In order for a student to be promoted to high school
 8009  from a school that includes middle grades 6, 7, and 8, the
 8010  student must successfully complete the following courses:
 8011         (e) One course in career and education planning to be
 8012  completed in grades 6, 7, or 8, which may be taught by any
 8013  member of the instructional staff. The course must be Internet
 8014  based, customizable to each student, and include research-based
 8015  assessments to assist students in determining educational and
 8016  career options and goals. In addition, the course must result in
 8017  a completed personalized academic and career plan for the
 8018  student, which must use, when available, Florida’s online career
 8019  planning and work-based learning coordination system. The course
 8020  must teach each student how to access and update the plan and
 8021  encourage the student to access and update the plan at least
 8022  annually as the student progresses through middle school and
 8023  high school. The personalized academic and career plan must
 8024  emphasize the importance of entrepreneurship and employability
 8025  skills and must include information from the Department of
 8026  Commerce’s Economic Opportunity’s economic security report under
 8027  s. 445.07 and other state career planning resources. The
 8028  required personalized academic and career plan must inform
 8029  students of high school graduation requirements, including a
 8030  detailed explanation of the requirements for earning a high
 8031  school diploma designation under s. 1003.4285 and the career and
 8032  technical education pathway to earn a standard high school
 8033  diploma under s. 1003.4282(10); the requirements for each
 8034  scholarship in the Florida Bright Futures Scholarship Program;
 8035  state university and Florida College System institution
 8036  admission requirements; available opportunities to earn college
 8037  credit in high school, including Advanced Placement courses; the
 8038  International Baccalaureate Program; the Advanced International
 8039  Certificate of Education Program; dual enrollment, including
 8040  career dual enrollment; work-based learning opportunities,
 8041  including internships and preapprenticeship and apprenticeship
 8042  programs; and career education courses, including career-themed
 8043  courses and course sequences that lead to industry certification
 8044  pursuant to s. 1003.492 or s. 1008.44. The course may be
 8045  implemented as a stand-alone course or integrated into another
 8046  course or courses.
 8047         Section 248. Subsection (2), paragraphs (a) and (b) of
 8048  subsection (3), and subsection (4) of section 1003.491, Florida
 8049  Statutes, are amended to read:
 8050         1003.491 Florida Career and Professional Education Act.—The
 8051  Florida Career and Professional Education Act is created to
 8052  provide a statewide planning partnership between the business
 8053  and education communities in order to attract, expand, and
 8054  retain targeted, high-value industry and to sustain a strong,
 8055  knowledge-based economy.
 8056         (2) Each district school board shall develop, in
 8057  collaboration with local workforce development boards, economic
 8058  development agencies, and postsecondary institutions approved to
 8059  operate in the state, a strategic 3-year plan to address and
 8060  meet local and regional workforce demands. If involvement of a
 8061  local workforce development board or an economic development
 8062  agency in the strategic plan development is not feasible, the
 8063  local school board, with the approval of the Department of
 8064  Commerce Economic Opportunity, shall collaborate with the most
 8065  appropriate regional business leadership board. Two or more
 8066  school districts may collaborate in the development of the
 8067  strategic plan and offer career-themed courses, as defined in s.
 8068  1003.493(1)(b), or a career and professional academy as a joint
 8069  venture. The strategic plan must describe in detail provisions
 8070  for the efficient transportation of students, the maximum use of
 8071  shared resources, access to courses aligned to state curriculum
 8072  standards through virtual education providers legislatively
 8073  authorized to provide part-time instruction to middle school
 8074  students, and an objective review of proposed career and
 8075  professional academy courses and other career-themed courses to
 8076  determine if the courses will lead to the attainment of industry
 8077  certifications included on the Industry Certified Funding List
 8078  pursuant to rules adopted by the State Board of Education. Each
 8079  strategic plan shall be reviewed, updated, and jointly approved
 8080  every 3 years by the local school district, local workforce
 8081  development boards, economic development agencies, and state
 8082  approved postsecondary institutions.
 8083         (3) The strategic 3-year plan developed jointly by the
 8084  local school district, local workforce development boards,
 8085  economic development agencies, and state-approved postsecondary
 8086  institutions must be constructed and based on:
 8087         (a) Research conducted to objectively determine local and
 8088  regional workforce needs for the ensuing 3 years, using labor
 8089  projections as identified by the Labor Market Statistics Center
 8090  within the Department of Commerce Economic Opportunity and the
 8091  Labor Market Estimating Conference as factors in the criteria
 8092  for the plan;
 8093         (b) Strategies to develop and implement career academies or
 8094  career-themed courses based on occupations identified by the
 8095  Labor Market Statistics Center within the Department of Commerce
 8096  Economic Opportunity and the Labor Market Estimating Conference;
 8097         (4) The State Board of Education shall establish a process
 8098  for the continual and uninterrupted review of newly proposed
 8099  core secondary courses and existing courses requested to be
 8100  considered as core courses to ensure that sufficient rigor and
 8101  relevance is provided for workforce skills and postsecondary
 8102  education and aligned to state curriculum standards.
 8103         (a) The review of newly proposed core secondary courses
 8104  shall be the responsibility of a curriculum review committee
 8105  whose membership is approved by CareerSource Florida, Inc. The
 8106  membership of the committee shall include:
 8107         1. Three certified high school counselors recommended by
 8108  the Florida Association of Student Services Administrators.
 8109         2. Three assistant superintendents for curriculum and
 8110  instruction, recommended by the Florida Association of District
 8111  School Superintendents, who serve in districts that operate
 8112  successful career and professional academies pursuant to s.
 8113  1003.492 or a successful series of courses that lead to industry
 8114  certification. Committee members in this category shall employ
 8115  the expertise of appropriate subject area specialists in the
 8116  review of proposed courses.
 8117         3. Three workforce representatives recommended by the
 8118  Department of Commerce Economic Opportunity.
 8119         4. Three admissions directors of postsecondary institutions
 8120  accredited by an accrediting agency or association recognized by
 8121  the database created and maintained by the United States
 8122  Department of Education, representing both public and private
 8123  institutions.
 8124         5. The Commissioner of Education, or his or her designee,
 8125  who is responsible for K-12 curriculum and instruction and shall
 8126  employ the expertise of appropriate subject area specialists in
 8127  the review of proposed courses.
 8128         (b) The curriculum review committee shall review newly
 8129  proposed core courses electronically. Each proposed core course
 8130  shall be approved or denied within 30 days after submission by a
 8131  district school board or local workforce development board. All
 8132  courses approved as core courses for purposes of middle school
 8133  promotion and high school graduation shall be immediately added
 8134  to the Course Code Directory. Approved core courses shall also
 8135  be reviewed and considered for approval for dual enrollment
 8136  credit. The Board of Governors and the Commissioner of Education
 8137  shall jointly recommend an annual deadline for approval of new
 8138  core courses to be included for purposes of postsecondary
 8139  admissions and dual enrollment credit the following academic
 8140  year. The State Board of Education shall establish an appeals
 8141  process in the event that a proposed course is denied which
 8142  shall require a consensus ruling by the Department of Commerce
 8143  Economic Opportunity and the Commissioner of Education within 15
 8144  days.
 8145         Section 249. Subsection (1) and paragraph (d) of subsection
 8146  (4) of section 1003.493, Florida Statutes, are amended to read:
 8147         1003.493 Career and professional academies and career
 8148  themed courses.—
 8149         (1)(a) A “career and professional academy” is a research
 8150  based program that integrates a rigorous academic curriculum
 8151  with an industry-specific curriculum aligned directly to
 8152  priority workforce needs established by the local workforce
 8153  development board or the Department of Commerce Economic
 8154  Opportunity. Career and professional academies shall be offered
 8155  by public schools and school districts. Career and professional
 8156  academies may be offered by charter schools. The Florida Virtual
 8157  School is encouraged to develop and offer rigorous career and
 8158  professional courses as appropriate. Students completing career
 8159  and professional academy programs must receive a standard high
 8160  school diploma, the highest available industry certification,
 8161  and opportunities to earn postsecondary credit if the academy
 8162  partners with a postsecondary institution approved to operate in
 8163  the state.
 8164         (b) A “career-themed course” is a course, or a course in a
 8165  series of courses, that leads to an industry certification
 8166  identified in the CAPE Industry Certification Funding List
 8167  pursuant to rules adopted by the State Board of Education.
 8168  Career-themed courses have industry-specific curriculum aligned
 8169  directly to priority workforce needs established by the local
 8170  workforce development board or the Department of Commerce
 8171  Economic Opportunity. School districts shall offer at least two
 8172  career-themed courses, and each secondary school is encouraged
 8173  to offer at least one career-themed course. The Florida Virtual
 8174  School is encouraged to develop and offer rigorous career-themed
 8175  courses as appropriate. Students completing a career-themed
 8176  course must be provided opportunities to earn postsecondary
 8177  credit if the credit for the career-themed course can be
 8178  articulated to a postsecondary institution approved to operate
 8179  in the state.
 8180         (4) Each career and professional academy and secondary
 8181  school providing a career-themed course must:
 8182         (d) Provide instruction in careers designated as high
 8183  skill, high-wage, and high-demand by the local workforce
 8184  development board, the chamber of commerce, economic development
 8185  agencies, or the Department of Commerce Economic Opportunity.
 8186         Section 250. Paragraph (e) of subsection (2) and
 8187  subsections (5) and (6) of section 1004.015, Florida Statutes,
 8188  are amended to read:
 8189         1004.015 Florida Talent Development Council.—
 8190         (2) Members of the council shall include:
 8191         (e) The Secretary of Commerce Economic Opportunity.
 8192         (5) The Department of Commerce Economic Opportunity shall
 8193  provide administrative support for the council.
 8194         (6) The council shall coordinate, facilitate, and
 8195  communicate statewide efforts to meet supply and demand needs
 8196  for the state’s health care workforce. Annually, by December 1,
 8197  the council shall report on the implementation of this
 8198  subsection and any other relevant information on the Florida
 8199  Talent Development Council’s web page located on the Department
 8200  of Commerce’s Economic Opportunity’s website. To support the
 8201  efforts of the council, the Board of Governors and the State
 8202  Board of Education shall:
 8203         (a) Provide 10-year trend information on nursing education
 8204  programs subject to the requirements of s. 464.019. The
 8205  Department of Health, the Board of Governors, the State Board of
 8206  Education, the Commission for Independent Education, the
 8207  Independent Colleges and Universities of Florida, the Florida
 8208  Center for Nursing, and postsecondary institutions participating
 8209  in a state grant, fund, or performance-based incentive program
 8210  under s. 1009.89, s. 1009.8962, or s. 1009.897 shall provide
 8211  data, by institution and program, on:
 8212         1. The number of student slots available.
 8213         2. The number of student applications submitted, the number
 8214  of qualified student applicants, the number of students
 8215  accepted, and the number of students enrolled.
 8216         3. The number of program graduates.
 8217         4. Program retention rates of students tracked from program
 8218  entry to graduation.
 8219         5. Graduate passage rates, as defined in s. 464.003, on and
 8220  the number of times each graduate took the National Council of
 8221  State Boards of Nursing Licensing Examination.
 8222         6. The number of graduates who become employed as practical
 8223  or professional nurses in the state.
 8224         7. The educational advancement of nurses through career
 8225  pathways by comparing their initial degree to the highest degree
 8226  they obtained for the preceding 10 years.
 8227         8. The outcomes of students enrolled at institutions
 8228  participating in the Linking Industry to Nursing Education
 8229  (LINE) Fund under s. 1009.8962 or the Prepping Institutions,
 8230  Programs, Employers, and Learners through Incentives for Nursing
 8231  Education (PIPELINE) Fund under s. 1009.897.
 8232         9. The outcomes of graduates who have received a nursing
 8233  student loan forgiveness repayment under s. 1009.66. Such data
 8234  must include, for the previous 4 fiscal years, the number of
 8235  graduates who have received a repayment, the amount repaid on
 8236  behalf of each graduate, each graduate’s employer of record for
 8237  each repayment and the length of employment at each employer,
 8238  and the level or levels of nursing licensure earned by each
 8239  graduate.
 8240         (b) Develop definitions for data elements and a uniform
 8241  survey for use by the Department of Health, the Commission for
 8242  Independent Education, the Independent Colleges and Universities
 8243  of Florida, and postsecondary institutions participating in a
 8244  state loan forgiveness program, grant, fund, or performance
 8245  based incentive program under s. 1009.66, s. 1009.89, s.
 8246  1009.8962, or s. 1009.897 to collect data required under
 8247  paragraph (a). The survey must include, but is not limited to, a
 8248  student’s age, gender, race, ethnicity, veteran status, wage,
 8249  employer information, loan debt, and retirement expectations.
 8250         Section 251. Paragraph (g) of subsection (1) of section
 8251  1004.46, Florida Statutes, is amended to read:
 8252         1004.46 Multidisciplinary Center for Affordable Housing.—
 8253         (1) The Multidisciplinary Center for Affordable Housing is
 8254  established within the School of Building Construction of the
 8255  College of Architecture of the University of Florida with the
 8256  collaboration of other related disciplines such as agriculture,
 8257  business administration, engineering, law, and medicine. The
 8258  center shall work in conjunction with other state universities.
 8259  The Multidisciplinary Center for Affordable Housing shall:
 8260         (g) Establish a research agenda and general work plan in
 8261  cooperation with the Department of Commerce Economic
 8262  Opportunity, which is the state agency responsible for research
 8263  and planning for affordable housing and for training and
 8264  technical assistance for providers of affordable housing.
 8265         Section 252. Subsection (3) of section 1008.39, Florida
 8266  Statutes, is amended to read:
 8267         1008.39 Florida Education and Training Placement
 8268  Information Program.—
 8269         (3) The Florida Education and Training Placement
 8270  Information Program must not make public any information that
 8271  could identify an individual or the individual’s employer. The
 8272  Department of Education must ensure that the purpose of
 8273  obtaining placement information is to evaluate and improve
 8274  public programs or to conduct research for the purpose of
 8275  improving services to the individuals whose social security
 8276  numbers are used to identify their placement. If an agreement
 8277  assures that this purpose will be served and that privacy will
 8278  be protected, the Department of Education shall have access to
 8279  the reemployment assistance wage reports maintained by the
 8280  Department of Commerce Economic Opportunity, the files of the
 8281  Department of Children and Families that contain information
 8282  about the distribution of public assistance, the files of the
 8283  Department of Corrections that contain records of
 8284  incarcerations, and the files of the Department of Business and
 8285  Professional Regulation that contain the results of licensure
 8286  examination.
 8287         Section 253. Subsection (3) of section 1008.40, Florida
 8288  Statutes, is amended to read:
 8289         1008.40 Workforce Development Information System.—The
 8290  Department of Education shall:
 8291         (3) Work with the Department of Commerce Economic
 8292  Opportunity, the Department of Children and Families, and other
 8293  entities to define statewide education, workforce development,
 8294  and employment metrics and ensure the integrity and quality of
 8295  data being collected.
 8296         Section 254. Paragraphs (c) and (f) of subsection (3) of
 8297  section 1008.41, Florida Statutes, are amended to read:
 8298         1008.41 Workforce education; management information
 8299  system.—
 8300         (3) Planning and evaluation of job-preparatory programs
 8301  shall be based on standard sources of data and use standard
 8302  occupational definitions and coding structures, including, but
 8303  not limited to:
 8304         (c) The Department of Commerce Economic Opportunity.
 8305         (f) The Labor Market Statistics Center within the
 8306  Department of Commerce Economic Opportunity.
 8307         Section 255. Subsections (2), (3), and (5) of section
 8308  1011.76, Florida Statutes, are amended to read:
 8309         1011.76 Small School District Stabilization Program.—
 8310         (2) In order to participate in this program, a school
 8311  district must be located in a rural area of opportunity
 8312  designated by the Executive Office of the Governor, and the
 8313  district school board must submit a resolution to the Department
 8314  of Commerce Economic Opportunity requesting participation in the
 8315  program. A rural area of opportunity must be a rural community,
 8316  or a region composed of such, that has been adversely affected
 8317  by an extraordinary economic event or a natural disaster or that
 8318  presents a unique economic development concern or opportunity of
 8319  regional impact. The resolution must be accompanied by
 8320  documentation of the economic conditions in the community and
 8321  provide information indicating the negative impact of these
 8322  conditions on the school district’s financial stability, and the
 8323  school district must participate in a best financial management
 8324  practices review to determine potential efficiencies that could
 8325  be implemented to reduce program costs in the district.
 8326         (3) The Department of Commerce Economic Opportunity, in
 8327  consultation with the Department of Education, shall review the
 8328  resolution and other information required by subsection (2) and
 8329  determine whether the school district is eligible to participate
 8330  in the program. Factors influencing the determination of the
 8331  Department of Commerce Economic Opportunity may include, but are
 8332  not limited to, reductions in the county tax roll resulting from
 8333  business closures or other causes, or a reduction in student
 8334  enrollment due to business closures or impacts in the local
 8335  economy.
 8336         (5) Based on the availability of funds, the Department of
 8337  Commerce Economic Opportunity or the Department of Education may
 8338  enter into contracts or issue grants necessary to implement the
 8339  program.
 8340         Section 256. Paragraph (c) of subsection (2) of section
 8341  1011.80, Florida Statutes, is amended to read:
 8342         1011.80 Funds for operation of workforce education
 8343  programs.—
 8344         (2) Any workforce education program may be conducted by a
 8345  Florida College System institution or a school district career
 8346  center as described in this subsection and, if applicable, as
 8347  approved by the State Board of Education pursuant to s.
 8348  1001.03(15). Any instruction designed to articulate to a degree
 8349  program is subject to guidelines and standards adopted by the
 8350  State Board of Education under s. 1007.25.
 8351         (c) A Florida College System institution or school district
 8352  offering a new workforce education program that is in the
 8353  statewide curriculum framework must be approved by the board of
 8354  trustees of the Florida College System institution or the
 8355  district school board based on criteria that must include, but
 8356  are not limited to, the following:
 8357         1. A description of the new workforce education program
 8358  that includes all of the following:
 8359         a. An analysis of workforce demand and unmet need
 8360  consistent with the information provided by the Labor Market
 8361  Statistics Center within the Department of Commerce Economic
 8362  Opportunity for graduates of the program on a district,
 8363  regional, or statewide basis, as appropriate, including evidence
 8364  from entities independent of the technical center or
 8365  institution.
 8366         b. The geographic region to be served.
 8367         2. Documentation of collaboration among technical centers
 8368  and institutions serving the same students in a geographical or
 8369  service area that enhances program offerings and prevents
 8370  program duplication that exceeds workforce need. Unnecessary
 8371  duplication of programs offered by public and private
 8372  institutions must be avoided.
 8373         3. Alignment of program offerings with credentials or
 8374  degree programs identified on the Master Credentials List under
 8375  s. 445.004(4).
 8376         4. Articulation agreements between technical centers and
 8377  Florida College System institutions for the enrollment of
 8378  graduates in related workforce education programs.
 8379         5. Documentation of alignment between the exit requirements
 8380  of a technical center and the admissions requirements of a
 8381  Florida College System institution into which students typically
 8382  transfer.
 8383         6. Performance and compliance indicators that will be used
 8384  in determining the program’s success.
 8385         Section 257. Paragraph (a) of subsection (2) of section
 8386  1011.802, Florida Statutes, is amended to read:
 8387         1011.802 Florida Pathways to Career Opportunities Grant
 8388  Program.—
 8389         (2) The department shall administer the grant, identify
 8390  projects, solicit proposals, and make funding recommendations to
 8391  the Commissioner of Education, who is authorized to approve
 8392  grant awards for preapprenticeship or apprenticeship programs
 8393  with demonstrated statewide or regional demand that:
 8394         (a) Address a critical statewide or regional shortage, with
 8395  consideration given to the information provided by the Labor
 8396  Market Statistics Center within the Department of Commerce
 8397  Economic Opportunity, the Labor Market Estimating Conference,
 8398  and the Credentials Review Committee; or
 8399         Reviser’s note.—Amended pursuant to the directive of the
 8400         Legislature in s. 147, ch. 2023-173, Laws of Florida, to
 8401         the Division of Law Revision to prepare a reviser’s bill
 8402         for the 2024 Regular Session of the Legislature to replace
 8403         references to the terms “Department of Economic
 8404         Opportunity” and “Secretary of Economic Opportunity,”
 8405         wherever they occur in the Florida Statutes, with the terms
 8406         “Department of Commerce” and “Secretary of Commerce,”
 8407         respectively.
 8408         Section 258. Except as otherwise provided, this act shall
 8409  take effect on the 60th day after adjournment sine die of the
 8410  session of the Legislature in which enacted.