Florida Senate - 2012                             CS for SB 1204
       
       
       
       By the Committees on Commerce and Tourism; and Commerce and
       Tourism
       
       
       
       577-02028-12                                          20121204c1
    1                        A bill to be entitled                      
    2         An act relating to governmental reorganization;
    3         amending ss. 68.096, 68.105, 159.81, 163.2517,
    4         163.3178, 163.3191, 163.3204, 163.3221, 163.3246,
    5         163.3247, 163.336, 163.458, 163.460, 163.461, 163.462,
    6         163.5055, 163.506, 163.508, 163.511, 163.512, 212.096,
    7         213.053, 215.55865, 218.411, 220.153, 220.183,
    8         220.194, 258.501, 259.042, 259.101, 282.201, 288.021,
    9         288.1045, 288.106, 288.108, 288.1083, 288.1089,
   10         288.1097, 288.11621, 288.1168, 288.1171, 288.1254,
   11         288.714, 288.7102, 288.987, 290.0055, 290.0065,
   12         290.00726, 290.00727, 290.00728, 311.09, 320.08058,
   13         339.135, 342.201, 377.703, 377.809, 380.06, 402.56,
   14         403.0891, 420.503, 420.507, 420.101, 420.0005,
   15         420.0006, 443.036, 443.091, 443.111, 443.141,
   16         443.1715, 443.17161, 446.50, 450.261, 509.032,
   17         624.5105, 1002.75, and 1002.79, F.S.; correcting
   18         references to agency names and divisions and
   19         correcting cross-references to conform to the
   20         governmental reorganization resulting from the
   21         enactment of chapter 2011-142, Laws of Florida; making
   22         technical and grammatical changes; amending s.
   23         163.3178, F.S.; deleting obsolete provisions related
   24         to countywide marina siting plans; conforming a cross
   25         reference; amending s. 259.035, F.S.; correcting a
   26         reference to the number of members of the Acquisition
   27         and Restoration Council; amending s. 288.12265, F.S.;
   28         authorizing Enterprise Florida, Inc., to contract with
   29         the Florida Tourism Industry Marketing Corporation for
   30         management and operation of welcome centers; amending
   31         s. 288.901, F.S.; limiting the requirement that
   32         members of the board of directors of Enterprise
   33         Florida, Inc., be confirmed by the Senate to those
   34         members who are appointed by the Governor; amending s.
   35         288.980, F.S.; changing a reference to the Office of
   36         Tourism, Trade, and Economic Development to the
   37         Department of Economic Opportunity; correcting the
   38         number of grant programs relating to the Florida
   39         Economic Reinvestment Initiative; amending s.
   40         331.3081, F.S.; adding the Governor or the Governor’s
   41         designee as a member and chair of the board of
   42         directors of Space Florida; deleting provisions
   43         establishing the Space Florida advisory council;
   44         amending s. 20.60, F.S.; establishing the Division of
   45         Information Technology within the Department of
   46         Economic Opportunity; repealing s. 163.03, F.S.,
   47         relating to the powers and duties of the Secretary of
   48         Community Affairs and functions of Department of
   49         Community Affairs with respect to federal grant-in-aid
   50         programs; amending s. 373.461, F.S.; removing obsolete
   51         provisions related to the purchase of land for the
   52         restoration of the Lake Apopka Basin; repealing s.
   53         379.2353, F.S., relating to the designation of
   54         enterprise zones in communities suffering adverse
   55         impacts from the adoption of the constitutional
   56         amendment limiting the use of nets to harvest marine
   57         species; providing an effective date.
   58  
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Subsection (1) of section 68.096, Florida
   62  Statutes, is amended to read:
   63         68.096 Definitions.—For purposes of this act:
   64         (1) “Department” means the Department of Legal Community
   65  Affairs.
   66         Section 2. Section 68.105, Florida Statutes, is amended to
   67  read:
   68         68.105 Use of funds; reports.—All appropriations made for
   69  the purposes of the Florida Access to Civil Legal Assistance
   70  this Act shall only be used only for legal education or
   71  assistance in family law, juvenile law, entitlement to federal
   72  benefits, protection from domestic violence, elder abuse, child
   73  abuse, or immigration law. These funds may shall not be used in
   74  criminal or postconviction relief matters;, for lobbying
   75  activities;, to sue the state, its agencies or political
   76  subdivisions, or colleges or universities;, for class action
   77  lawsuits, to provide legal assistance with respect to
   78  noncriminal infractions pursuant to chapter 316, chapter 318,
   79  chapter 320, or chapter 322;, to contest regulatory decisions of
   80  any municipal, county, or state administrative or legislative
   81  body;, or to file or assist in the filing of private causes of
   82  action under federal or state statutes relating to or arising
   83  out of employment or terms or conditions of employment. The
   84  contracting organization shall require pilot projects to provide
   85  data on the number of clients served, the types of cases, the
   86  reasons the cases were closed, and the state dollars saved and
   87  federal dollars brought into the state because of the legal
   88  services provided. The contracting organization shall provide to
   89  the department of Community Affairs, within 60 days after
   90  completing of the completion of the contract, a report on the
   91  legal services provided, the state dollars saved, and the
   92  federal dollars brought into the state.
   93         Section 3. Subsection (1) of section 159.81, Florida
   94  Statutes, is amended to read:
   95         159.81 Unused allocations; carryforwards.—
   96         (1) The division shall, when requested, provide
   97  carryforwards pursuant to s. 146(f) of the Code for written
   98  confirmations for priority projects which qualify for a
   99  carryforward pursuant to s. 146(f) of the Code, if such request
  100  is accompanied by an opinion of bond counsel to that effect. In
  101  addition, in the case of Florida First Business projects, the
  102  division shall, when requested, grant requests for carryforward
  103  only after receipt of a certification from the Department of
  104  Economic Opportunity Office of Tourism, Trade, and Economic
  105  Development that the project has been approved by the such
  106  department office to receive carryforward.
  107         Section 4. Paragraph (b) of subsection (6) of section
  108  163.2517, Florida Statutes, is amended to read:
  109         163.2517 Designation of urban infill and redevelopment
  110  area.—
  111         (6)
  112         (b) If the local government fails to implement the urban
  113  infill and redevelopment plan in accordance with the deadlines
  114  set forth in the plan, the state land planning agency Department
  115  of Community Affairs may seek to rescind the economic and
  116  regulatory incentives granted to the urban infill and
  117  redevelopment area, subject to the provisions of chapter 120.
  118  The action to rescind may be initiated 90 days after issuing a
  119  written letter of warning to the local government.
  120         Section 5. Paragraph (h) of subsection (2) and subsections
  121  (3) and (6) of section 163.3178, Florida Statutes, are amended,
  122  and present subsections (7) through (9) of that section are
  123  renumbered as subsections (6) through (8), respectively, to
  124  read:
  125         163.3178 Coastal management.—
  126         (2) Each coastal management element required by s.
  127  163.3177(6)(g) shall be based on studies, surveys, and data; be
  128  consistent with coastal resource plans prepared and adopted
  129  pursuant to general or special law; and contain:
  130         (h) Designation of coastal high-hazard areas and the
  131  criteria for mitigation for a comprehensive plan amendment in a
  132  coastal high-hazard area as defined in subsection (8) (9). The
  133  coastal high-hazard area is the area below the elevation of the
  134  category 1 storm surge line as established by a Sea, Lake, and
  135  Overland Surges from Hurricanes (SLOSH) computerized storm surge
  136  model. Application of mitigation and the application of
  137  development and redevelopment policies, pursuant to s.
  138  380.27(2), and any rules adopted thereunder, shall be at the
  139  discretion of local government.
  140         (3) Expansions to port harbors, spoil disposal sites,
  141  navigation channels, turning basins, harbor berths, and other
  142  related inwater harbor facilities of ports listed in s.
  143  403.021(9); port transportation facilities and projects listed
  144  in s. 311.07(3)(b); intermodal transportation facilities
  145  identified pursuant to s. 311.09(3); and facilities determined
  146  by the state land planning agency Department of Community
  147  Affairs and applicable general-purpose local government to be
  148  port-related industrial or commercial projects located within 3
  149  miles of or in a port master plan area which rely upon the use
  150  of port and intermodal transportation facilities may shall not
  151  be designated as developments of regional impact if such
  152  expansions, projects, or facilities are consistent with
  153  comprehensive master plans that are in compliance with this
  154  section.
  155         (6) Local governments are encouraged to adopt countywide
  156  marina siting plans to designate sites for existing and future
  157  marinas. The Coastal Resources Interagency Management Committee,
  158  at the direction of the Legislature, shall identify incentives
  159  to encourage local governments to adopt such siting plans and
  160  uniform criteria and standards to be used by local governments
  161  to implement state goals, objectives, and policies relating to
  162  marina siting. These criteria must ensure that priority is given
  163  to water-dependent land uses. Countywide marina siting plans
  164  must be consistent with state and regional environmental
  165  planning policies and standards. Each local government in the
  166  coastal area which participates in adoption of a countywide
  167  marina siting plan shall incorporate the plan into the coastal
  168  management element of its local comprehensive plan.
  169         Section 6. Subsection (3) of section 163.3191, Florida
  170  Statutes, is amended to read:
  171         163.3191 Evaluation and appraisal of comprehensive plan.—
  172         (3) Local governments are encouraged to comprehensively
  173  evaluate and, as necessary, update comprehensive plans to
  174  reflect changes in local conditions. Plan amendments transmitted
  175  pursuant to this section shall be reviewed pursuant to in
  176  accordance with s. 163.3184(4).
  177         Section 7. Section 163.3204, Florida Statutes, is amended
  178  to read:
  179         163.3204 Cooperation by state and regional agencies.—The
  180  state land planning agency Department of Community Affairs and
  181  any ad hoc working groups appointed by the department and all
  182  state and regional agencies involved in the administration and
  183  implementation of the Community Planning this Act shall
  184  cooperate and work with units of local government in the
  185  preparation and adoption of comprehensive plans, or elements or
  186  portions thereof, and of local land development regulations.
  187         Section 8. Subsection (14) of section 163.3221, Florida
  188  Statutes, is amended to read:
  189         163.3221 Florida Local Government Development Agreement
  190  Act; definitions.—As used in ss. 163.3220-163.3243:
  191         (14) “State land planning agency” means the Department of
  192  Economic Opportunity Community Affairs.
  193         Section 9. Subsection (1) of section 163.3246, Florida
  194  Statutes, is amended to read:
  195         163.3246 Local government comprehensive planning
  196  certification program.—
  197         (1) There is created the Local Government Comprehensive
  198  Planning Certification Program to be administered by the state
  199  land planning agency Department of Community Affairs. The
  200  purpose of the program is to create a certification process for
  201  local governments who identify a geographic area for
  202  certification within which they commit to directing growth and
  203  who, because of a demonstrated record of effectively adopting,
  204  implementing, and enforcing its comprehensive plan, the level of
  205  technical planning experience exhibited by the local government,
  206  and a commitment to implement exemplary planning practices,
  207  require less state and regional oversight of the comprehensive
  208  plan amendment process. The purpose of the certification area is
  209  to designate areas that are contiguous, compact, and appropriate
  210  for urban growth and development within a 10-year planning
  211  timeframe. Municipalities and counties are encouraged to jointly
  212  establish the certification area, and subsequently enter into
  213  joint certification agreement with the department.
  214         Section 10. Paragraphs (a) and (b) of subsection (5) of
  215  section 163.3247, Florida Statutes, are amended to read:
  216         163.3247 Century Commission for a Sustainable Florida.—
  217         (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.—
  218         (a) The executive director of the state land planning
  219  agency Secretary of Community Affairs shall select an executive
  220  director of the commission, and the executive director of the
  221  commission shall serve at the pleasure of the executive director
  222  of the state land planning agency secretary under the
  223  supervision and control of the commission.
  224         (b) The state land planning agency Department of Community
  225  Affairs shall provide staff and other resources necessary to
  226  accomplish the goals of the commission based upon
  227  recommendations of the Governor.
  228         Section 11. Paragraph (c) of subsection (2) of section
  229  163.336, Florida Statutes, is amended to read:
  230         163.336 Coastal resort area redevelopment pilot project.—
  231         (2) PILOT PROJECT ADMINISTRATION.—
  232         (c) The Office of the Governor, the Department of
  233  Environmental Protection, and the Department of Economic
  234  Opportunity Community Affairs are directed to provide technical
  235  assistance to expedite permitting for redevelopment projects and
  236  construction activities within the pilot project areas
  237  consistent with the principles, processes, and timeframes
  238  provided in s. 403.973.
  239         Section 12. Section 163.458, Florida Statutes, is amended
  240  to read:
  241         163.458 Three-tiered plan.—The Department of Economic
  242  Opportunity may Community Affairs is authorized to award core
  243  administrative and operating grants. Administrative and
  244  operating grants shall be used for staff salaries and
  245  administrative expenses for eligible community-based development
  246  organizations selected through a competitive three-tiered
  247  process for the purpose of housing and economic development
  248  projects. The department shall adopt by rule a set of criteria
  249  for three-tiered funding which that shall ensure equitable
  250  geographic distribution of the funding throughout the state.
  251  This three-tiered plan shall include emerging, intermediate, and
  252  mature community-based development organizations recognizing the
  253  varying needs of the three tiers. Funding shall be provided for
  254  core administrative and operating grants for all levels of
  255  community-based development organizations. Priority shall be
  256  given to those organizations that demonstrate community-based
  257  productivity and high performance as evidenced by past projects
  258  developed with stakeholder input that have responded to
  259  neighborhood needs, and have current projects located in high
  260  poverty neighborhoods, and to emerging community-based
  261  development corporations that demonstrate a positive need
  262  identified by stakeholders. Persons, equipment, supplies, and
  263  other resources funded in whole or in part by grant funds shall
  264  be used utilized to further the purposes of the Community-Based
  265  Development Organization Assistance this Act, and may be used
  266  utilized to further the goals and objectives of the Front Porch
  267  Florida Initiative. Each community-based development
  268  organization is shall be eligible to apply for a grant of up to
  269  $50,000 per year for a period of 5 years.
  270         Section 13. Section 163.460, Florida Statutes, is amended
  271  to read:
  272         163.460 Application requirements.—A community-based
  273  development organization applying for a core administrative and
  274  operating grant pursuant to the Community-Based Development
  275  Organization Assistance this Act must submit a proposal to the
  276  Department of Economic Opportunity which Community Affairs that
  277  includes:
  278         (1) A map and narrative description of the service areas
  279  for the community-based development organization.
  280         (2) A copy of the documents creating the community-based
  281  development organization.
  282         (3) A listing of the membership of the board of the
  283  community-based development organization, including individual
  284  members’ terms of office and the number of low-income residents
  285  on the board.
  286         (4) The organization’s annual revitalization plan that
  287  describes the expenditure of the funds, including goals,
  288  objectives, and expected results, and has a clear relationship
  289  to the local municipality’s comprehensive plan.
  290         (5) Other supporting information that may be required by
  291  the Department of Economic Opportunity Community Affairs to
  292  determine the organization’s capacity and productivity.
  293         (6) A description of the location, financing plan, and
  294  potential impact of the business enterprises on residential,
  295  commercial, or industrial development, which that shows a clear
  296  relationship to the organization’s annual revitalization plan
  297  and demonstrates how the proposed expenditures are directly
  298  related to the scope of work for the proposed projects in the
  299  annual revitalization plan.
  300         Section 14. Section 163.461, Florida Statutes, is amended
  301  to read:
  302         163.461 Reporting and evaluation requirements.—Community
  303  based development organizations that receive funds under the
  304  Community-Based Development Organization Assistance this Act
  305  shall provide the following information to the Department of
  306  Economic Opportunity Community Affairs annually:
  307         (1) A listing of business firms and individuals assisted by
  308  the community-based development organization during the
  309  reporting period.
  310         (2) A listing of the type, source, purpose, and amount of
  311  each individual grant, loan, or donation received by the
  312  community-based development organization during the reporting
  313  period.
  314         (3) The number of paid and voluntary positions within the
  315  community-based development organization.
  316         (4) A listing of the salaries and administrative and
  317  operating expenses of the community-based development
  318  organization.
  319         (5) An identification and explanation of changes in the
  320  boundaries of the target area.
  321         (6) The amount of earned income from projects, programs,
  322  and development activities.
  323         (7) The number and description of projects in
  324  predevelopment phase, projects under construction, ongoing
  325  service programs, construction projects completed, and projects
  326  at sell-out or lease-up and property management phase, and a
  327  written explanation of the reasons that caused any projects not
  328  to be completed for the projected development phase.
  329         (8) The impact of the projects, as a result of receiving
  330  funding under this act, on residents in the target area, and the
  331  relationship of this impact to expected outcomes listed in the
  332  organization’s annual revitalization plan.
  333         (9) The number of housing units rehabilitated or
  334  constructed at various stages of development, predevelopment
  335  phase, construction phase, completion and sell-out or lease-up
  336  phase, and condominium or property management phase by the
  337  community-based development organization within the service area
  338  during the reporting period.
  339         (10) The number of housing units, number of projects, and
  340  number of persons served by prior projects developed by the
  341  organization, the amounts of project financing leverage with
  342  state funds for each prior and current project, and the
  343  incremental amounts of local and state real estate tax and sales
  344  tax revenue generated directly by the projects and programs
  345  annually.
  346         (11) The number of jobs, both permanent and temporary,
  347  received by individuals who were directly assisted by the
  348  community-based development organization through assistance to
  349  the business such as a loan or other credit assistance.
  350         (12) An identification and explanation of changes in the
  351  boundaries of the service area.
  352         (13) The impact of completed projects on residents in the
  353  target area and the relationship of this impact to expected
  354  outcomes listed in the organization’s annual revitalization
  355  plan.
  356         (14) Such other information as the Department of Economic
  357  Opportunity Community Affairs requires.
  358         Section 15. Section 163.462, Florida Statutes, is amended
  359  to read:
  360         163.462 Rulemaking authority.—The Department of Economic
  361  Opportunity Community Affairs shall adopt rules for the
  362  administration of the Community-Based Development Organization
  363  Assistance this Act.
  364         Section 16. Subsection (1) of section 163.5055, Florida
  365  Statutes, is amended to read:
  366         163.5055 Registration of district establishment; notice of
  367  dissolution.—
  368         (1)(a) Each neighborhood improvement district authorized
  369  and established under this part shall within 30 days thereof
  370  register with both the Department of Economic Opportunity
  371  Community Affairs and the Department of Legal Affairs by
  372  providing these departments with the district’s name, location,
  373  size, and type, and such other information as the departments
  374  may require.
  375         (b) Each local governing body that which authorizes the
  376  dissolution of a district shall notify both the Department of
  377  Economic Opportunity Community Affairs and the Department of
  378  Legal Affairs within 30 days after the dissolution of the
  379  district.
  380         Section 17. Paragraph (h) of subsection (1) of section
  381  163.506, Florida Statutes, is amended to read:
  382         163.506 Local government neighborhood improvement
  383  districts; creation; advisory council; dissolution.—
  384         (1) After a local planning ordinance has been adopted
  385  authorizing the creation of local government neighborhood
  386  improvement districts, the local governing body of a
  387  municipality or county may create local government neighborhood
  388  improvement districts by the enactment of a separate ordinance
  389  for each district, which ordinance:
  390         (h) Requires the district to notify the Department of Legal
  391  Affairs and the Department of Economic Opportunity Community
  392  Affairs in writing of its establishment within 30 days thereof
  393  pursuant to s. 163.5055.
  394         Section 18. Paragraph (g) of subsection (1) of section
  395  163.508, Florida Statutes, is amended to read:
  396         163.508 Property owners’ association neighborhood
  397  improvement districts; creation; powers and duties; duration.—
  398         (1) After a local planning ordinance has been adopted
  399  authorizing the creation of property owners’ association
  400  neighborhood improvement districts, the local governing body of
  401  a municipality or county may create property owners’ association
  402  neighborhood improvement districts by the enactment of a
  403  separate ordinance for each district, which ordinance:
  404         (g) Requires the district to notify the Department of Legal
  405  Affairs and the Department of Economic Opportunity Community
  406  Affairs in writing of its establishment within 30 days thereof
  407  pursuant to s. 163.5055.
  408         Section 19. Paragraph (i) of subsection (1) of section
  409  163.511, Florida Statutes, is amended to read:
  410         163.511 Special neighborhood improvement districts;
  411  creation; referendum; board of directors; duration; extension.—
  412         (1) After a local planning ordinance has been adopted
  413  authorizing the creation of special neighborhood improvement
  414  districts, the governing body of a municipality or county may
  415  declare the need for and create special residential or business
  416  neighborhood improvement districts by the enactment of a
  417  separate ordinance for each district, which ordinance:
  418         (i) Requires the district to notify the Department of Legal
  419  Affairs and the Department of Economic Opportunity Community
  420  Affairs in writing of its establishment within 30 days thereof
  421  pursuant to s. 163.5055.
  422         Section 20. Paragraph (i) of subsection (1) of section
  423  163.512, Florida Statutes, is amended to read:
  424         163.512 Community redevelopment neighborhood improvement
  425  districts; creation; advisory council; dissolution.—
  426         (1) Upon the recommendation of the community redevelopment
  427  agency and after a local planning ordinance has been adopted
  428  authorizing the creation of community redevelopment neighborhood
  429  improvement districts, the local governing body of a
  430  municipality or county may create community redevelopment
  431  neighborhood improvement districts by the enactment of a
  432  separate ordinance for each district, which ordinance:
  433         (i) Requires the district to notify the Department of Legal
  434  Affairs and the Department of Economic Opportunity Community
  435  Affairs in writing of its establishment within 30 days thereof
  436  pursuant to s. 163.5055.
  437         Section 21. Paragraph (d) of subsection (1) of section
  438  212.096, Florida Statutes, is amended to read:
  439         212.096 Sales, rental, storage, use tax; enterprise zone
  440  jobs credit against sales tax.—
  441         (1) For the purposes of the credit provided in this
  442  section:
  443         (d) “Job” means a full-time position, as consistent with
  444  terms used by the Department of Economic Opportunity Agency for
  445  Workforce Innovation and the United States Department of Labor
  446  for purposes of unemployment compensation tax administration and
  447  employment estimation resulting directly from a business
  448  operation in this state. This term does may not include a
  449  temporary construction job involved with the construction of
  450  facilities or any job that has previously been included in any
  451  application for tax credits under s. 220.181(1). The term also
  452  includes employment of an employee leased from an employee
  453  leasing company licensed under chapter 468 if such employee has
  454  been continuously leased to the employer for an average of at
  455  least 36 hours per week for more than 6 months.
  456  
  457  A person shall be deemed to be employed if the person performs
  458  duties in connection with the operations of the business on a
  459  regular, full-time basis, provided the person is performing such
  460  duties for an average of at least 36 hours per week each month.
  461  The person must be performing such duties at a business site
  462  located in the enterprise zone.
  463         Section 22. Paragraphs (k) and (bb) of subsection (8) of
  464  section 213.053, Florida Statutes, are amended, and present
  465  paragraphs (l) through (bb) of that subsection are redesignated
  466  as paragraphs (k) through (aa), respectively, to read:
  467         213.053 Confidentiality and information sharing.—
  468         (8) Notwithstanding any other provision of this section,
  469  the department may provide:
  470         (k) Information relative to single sales factor
  471  apportionment used by a taxpayer to the Office of Tourism,
  472  Trade, and Economic Development or its employees or agents who
  473  are identified in writing by the office to the department for
  474  use by the office to administer s. 220.153.
  475         (aa)(bb) Information relating to tax credits taken under s.
  476  220.194 to the Office of Tourism, Trade, and Economic
  477  Development or to Space Florida.
  478  
  479  Disclosure of information under this subsection shall be
  480  pursuant to a written agreement between the executive director
  481  and the agency. Such agencies, governmental or nongovernmental,
  482  shall be bound by the same requirements of confidentiality as
  483  the Department of Revenue. Breach of confidentiality is a
  484  misdemeanor of the first degree, punishable as provided by s.
  485  775.082 or s. 775.083.
  486         Section 23. Section 215.55865, Florida Statutes, is amended
  487  to read:
  488         215.55865 Uniform home grading scale.—The Financial
  489  Services Commission shall adopt a uniform home grading scale to
  490  grade the ability of a home to withstand the wind load from a
  491  sustained severe tropical storm or hurricane. The commission
  492  shall coordinate with the Office of Insurance Regulation, the
  493  Department of Financial Services, and the Florida Building
  494  Commission Department of Community Affairs in developing the
  495  grading scale, which must be based upon and consistent with the
  496  rating system required by chapter 2006-12, Laws of Florida. The
  497  commission shall adopt the uniform grading scale by rule no
  498  later than June 30, 2007.
  499         Section 24. Paragraph (c) of subsection (1) of section
  500  218.411, Florida Statutes, is amended to read:
  501         218.411 Authorization for state technical and advisory
  502  assistance.—
  503         (1) The board is authorized, upon request, to assist local
  504  governments in investing funds that are temporarily in excess of
  505  operating needs by:
  506         (c) Providing, in cooperation with the Department of
  507  Economic Opportunity Community Affairs, technical assistance to
  508  local governments in investment of surplus funds.
  509         Section 25. Subsections (1), (2), and (3), paragraphs (b)
  510  and (c) of subsection (4), and subsection (5) of section
  511  220.153, Florida Statutes, are amended to read:
  512         220.153 Apportionment by sales factor.—
  513         (1) DEFINITIONS.—As used in this section, the term:
  514         (a) “Office” means the Office of Tourism, Trade, and
  515  Economic Development.
  516         (b) “qualified capital expenditures” means expenditures in
  517  this state for purposes substantially related to a business’s
  518  production or sale of goods or services. The expenditure must
  519  fund the acquisition of additional real property (land,
  520  buildings, including appurtenances, fixtures and fixed
  521  equipment, structures, etc.), including additions, replacements,
  522  major repairs, and renovations to real property which materially
  523  extend its useful life or materially improve or change its
  524  functional use and the furniture and equipment necessary to
  525  furnish and operate a new or improved facility. The term
  526  “qualified capital expenditures” does not include an expenditure
  527  for a passive investment or for an investment intended for the
  528  accumulation of reserves or the realization of profit for
  529  distribution to any person holding an ownership interest in the
  530  business. The term “qualified capital expenditures” does not
  531  include expenditures to acquire an existing business or
  532  expenditures in excess of $125 million to acquire land or
  533  buildings.
  534         (2) APPORTIONMENT OF TAXES; ELIGIBILITY.—A taxpayer, not
  535  including a financial organization as defined in s. 220.15(6) or
  536  a bank, savings association, international banking facility, or
  537  banking organization as defined in s. 220.62, doing business
  538  within and without this state, who applies and demonstrates to
  539  the Department of Economic Opportunity office that, within a 2
  540  year period beginning on or after July 1, 2011, it has made
  541  qualified capital expenditures equal to or exceeding $250
  542  million may apportion its adjusted federal income solely by the
  543  sales factor set forth in s. 220.15(5), commencing in the
  544  taxable year that the Department of Economic Opportunity office
  545  approves the application, but not before a taxable year that
  546  begins on or after January 1, 2013. Once approved, a taxpayer
  547  may elect to apportion its adjusted federal income for any
  548  taxable year using the method provided under this section or the
  549  method provided under s. 220.15.
  550         (3) QUALIFICATION PROCESS.—
  551         (a) To qualify as a taxpayer who is eligible to apportion
  552  its adjusted federal income under this section:
  553         1. The taxpayer must notify the Department of Economic
  554  Opportunity office of its intent to submit an application to
  555  apportion its adjusted federal income in order to commence the
  556  2-year period for measuring qualified capital expenditures.
  557         2. The taxpayer must submit an application to apportion its
  558  adjusted federal income under this section to the Department of
  559  Economic Opportunity office within 2 years after notifying the
  560  Department of Economic Opportunity office of the taxpayer’s
  561  intent to qualify. The application must be made under oath and
  562  provide such information as the Department of Economic
  563  Opportunity office reasonably requires by rule for determining
  564  the applicant’s eligibility to apportion adjusted federal income
  565  under this section. The taxpayer is responsible for
  566  affirmatively demonstrating to the satisfaction of the
  567  Department of Economic Opportunity office that it meets the
  568  eligibility requirements.
  569         (b) The taxpayer notice and application forms shall be
  570  established by the Department of Economic Opportunity office by
  571  rule. The Department of Economic Opportunity office shall
  572  acknowledge receipt of the notice and approve or deny the
  573  application in writing within 45 days after receipt.
  574         (4) REVIEW AUTHORITY; RECAPTURE OF TAX.—
  575         (b) The Department of Economic Opportunity office may, by
  576  order, revoke its decision to grant eligibility for
  577  apportionment pursuant to this section, and may also order the
  578  recalculation of apportionment factors to those applicable under
  579  s. 220.15 if, as the result of an audit, investigation, or
  580  examination, it determines that information provided by the
  581  taxpayer in the application, or in a statement, representation,
  582  record, report, plan, or other document provided to the
  583  Department of Economic Opportunity office to become eligible for
  584  apportionment, was materially false at the time it was made and
  585  that an individual acting on behalf of the taxpayer knew, or
  586  should have known, that the information submitted was false. The
  587  taxpayer shall pay such additional taxes and interest as may be
  588  due pursuant to this chapter computed as the difference between
  589  the tax that would have been due under the apportionment formula
  590  provided in s. 220.15 for such years and the tax actually paid.
  591  In addition, the department shall assess a penalty equal to 100
  592  percent of the additional tax due.
  593         (c) The Department of Economic Opportunity office shall
  594  immediately notify the department of an order affecting a
  595  taxpayer’s eligibility to apportion tax pursuant to this
  596  section. A taxpayer who is liable for past tax must file an
  597  amended return with the department, or such other report as the
  598  department prescribes by rule, and pay any required tax,
  599  interest, and penalty within 60 days after the taxpayer receives
  600  notification from the Department of Economic Opportunity office
  601  that the previously approved credits have been revoked. If the
  602  revocation is contested, the taxpayer shall file an amended
  603  return or other report within 30 days after an order becomes
  604  final. A taxpayer who fails to pay the past tax, interest, and
  605  penalty by the due date is subject to the penalties provided in
  606  s. 220.803.
  607         (5) RULES.—The Department of Economic Opportunity office
  608  and the department may adopt rules to administer this section.
  609         Section 26. Paragraph (b) of subsection (2) of section
  610  220.183, Florida Statutes, is amended to read:
  611         220.183 Community contribution tax credit.—
  612         (2) ELIGIBILITY REQUIREMENTS.—
  613         (b)1. All community contributions must be reserved
  614  exclusively for use in projects as defined in s. 220.03(1)(t).
  615         2. If, during the first 10 business days of the state
  616  fiscal year, eligible tax credit applications for projects that
  617  provide homeownership opportunities for low-income or very-low
  618  income households as defined in s. 420.9071(19) and (28) are
  619  received for less than the annual tax credits available for
  620  those projects, the Department of Economic Opportunity shall
  621  grant tax credits for those applications and shall grant
  622  remaining tax credits on a first-come, first-served basis for
  623  any subsequent eligible applications received before the end of
  624  the state fiscal year. If, during the first 10 business days of
  625  the state fiscal year, eligible tax credit applications for
  626  projects that provide homeownership opportunities for low-income
  627  or very-low-income households as defined in s. 420.9071(19) and
  628  (28) are received for more than the annual tax credits available
  629  for those projects, the Department of Economic Opportunity
  630  office shall grant the tax credits for those applications as
  631  follows:
  632         a. If tax credit applications submitted for approved
  633  projects of an eligible sponsor do not exceed $200,000 in total,
  634  the credit shall be granted in full if the tax credit
  635  applications are approved.
  636         b. If tax credit applications submitted for approved
  637  projects of an eligible sponsor exceed $200,000 in total, the
  638  amount of tax credits granted under sub-subparagraph a. shall be
  639  subtracted from the amount of available tax credits, and the
  640  remaining credits shall be granted to each approved tax credit
  641  application on a pro rata basis.
  642         3. If, during the first 10 business days of the state
  643  fiscal year, eligible tax credit applications for projects other
  644  than those that provide homeownership opportunities for low
  645  income or very-low-income households as defined in s.
  646  420.9071(19) and (28) are received for less than the annual tax
  647  credits available for those projects, the Department of Economic
  648  Opportunity office shall grant tax credits for those
  649  applications and shall grant remaining tax credits on a first
  650  come, first-served basis for any subsequent eligible
  651  applications received before the end of the state fiscal year.
  652  If, during the first 10 business days of the state fiscal year,
  653  eligible tax credit applications for projects other than those
  654  that provide homeownership opportunities for low-income or very
  655  low-income households as defined in s. 420.9071(19) and (28) are
  656  received for more than the annual tax credits available for
  657  those projects, the Department of Economic Opportunity office
  658  shall grant the tax credits for those applications on a pro rata
  659  basis.
  660         Section 27. Paragraphs (b), (d), (e), and (f) of subsection
  661  (3), paragraphs (a), (c), and (e) of subsection (4), subsection
  662  (5), paragraph (b) of subsection (6), paragraphs (a), (b), (d),
  663  and (e) of subsection (7), paragraph (a) of subsection (8), and
  664  subsection (9) of section 220.194, Florida Statutes, are amended
  665  to read:
  666         220.194 Corporate income tax credits for spaceflight
  667  projects.—
  668         (3) DEFINITIONS.—As used in this section, the term:
  669         (b) “Certified” means that a spaceflight business has been
  670  certified by the Department of Economic Opportunity office as
  671  meeting all of the requirements necessary to obtain at least one
  672  of the approved tax credits available under this section,
  673  including approval to transfer a credit.
  674         (d) “New job” means the full-time employment of an employee
  675  in a manner that is consistent with terms used by the Department
  676  of Economic Opportunity Agency for Workforce Innovation and the
  677  United States Department of Labor for purposes of unemployment
  678  compensation tax administration and employment estimation. In
  679  order to meet the requirement for certification specified in
  680  paragraph (5)(b), a new job must:
  681         1. Pay new employees at least 115 percent of the statewide
  682  or countywide average annual private sector wage for the 3
  683  taxable years immediately preceding filing an application for
  684  certification;
  685         2. Require a new employee to perform duties on a regular
  686  full-time basis in this state for an average of at least 36
  687  hours per week each month for the 3 taxable years immediately
  688  preceding filing an application for certification; and
  689         3. Not be held by a person who has previously been included
  690  as a new employee on an application for any credit authorized
  691  under this section.
  692         (e) “Office” means the Office of Tourism, Trade, and
  693  Economic Development.
  694         (e)(f) “Payload” means an object built or assembled in this
  695  state to be placed into earth’s upper atmospheres or space.
  696         (4) TAX CREDITS.—
  697         (a) If approved and certified pursuant to subsection (5),
  698  the following tax credits may be taken on a return for a taxable
  699  year beginning on or after October 1, 2015:
  700         1. A certified spaceflight business may take a
  701  nontransferable corporate income tax credit for up to 50 percent
  702  of the business’s tax liability under this chapter for the
  703  taxable year in which the credit is taken. The maximum
  704  nontransferable tax credit amount that may be approved per
  705  taxpayer for a taxable year is $1 million. No more than $3
  706  million in total tax credits pursuant to this subparagraph may
  707  be certified pursuant to subsection (5). No credit may be
  708  approved after October 1, 2017.
  709         2. A certified spaceflight business may transfer, in whole
  710  or in part, its Florida net operating loss that would otherwise
  711  be available to be taken on a return filed under this chapter,
  712  provided that the activity giving rise to such net operating
  713  loss must have occurred after July 1, 2011. The transfer allowed
  714  under this subparagraph will be in the form of a transferable
  715  tax credit equal to the amount of the net operating loss
  716  eligible to be transferred. The maximum transferable tax credit
  717  amount that may be approved per taxpayer for a taxable year is
  718  $2.5 million. No more than $7 million in total tax credits
  719  pursuant to this subparagraph may be certified pursuant to
  720  subsection (5). No credit may be approved after October 1, 2017.
  721         a. In order to transfer the credit, the business must:
  722         (I) Have been approved to transfer the tax credit for the
  723  taxable year in which it is transferred;
  724         (II) Have incurred a qualifying net operating loss on
  725  activity in this state after July 1, 2011, directly associated
  726  with one or more spaceflight projects in any of its 3 previous
  727  taxable years;
  728         (III) Not be 50 percent or more owned or controlled,
  729  directly or indirectly, by another corporation that has
  730  demonstrated positive net income in any of the 3 previous
  731  taxable years of ongoing operations; and
  732         (IV) Not be part of a consolidated group of affiliated
  733  corporations, as filed for federal income tax purposes, which in
  734  the aggregate demonstrated positive net income in any of the 3
  735  previous taxable years.
  736         b. The credit that may be transferred by a certified
  737  spaceflight business:
  738         (I) Is limited to the amount of eligible net operating
  739  losses incurred in the immediate 3 taxable years before the
  740  transfer; and
  741         (II) Must be directly associated with a spaceflight project
  742  in this state as verified through an audit or examination by a
  743  certified public accountant licensed to do business in this
  744  state and as verified by the Department of Economic Opportunity
  745  office.
  746         (c) Credits approved under subparagraph (a)1. may be taken
  747  only against the corporate income tax liability generated by or
  748  arising out of a spaceflight project in this state, as verified
  749  through an audit or examination by a certified public accountant
  750  licensed to do business in this state and as verified by the
  751  Department of Economic Opportunity office.
  752         (e) The certified spaceflight business or transferee must
  753  demonstrate to the satisfaction of the Department of Economic
  754  Opportunity office and the department that it is eligible to
  755  take the credits approved under this section.
  756         (5) APPLICATION AND CERTIFICATION.—
  757         (a) In order to claim a tax credit under this section, a
  758  spaceflight business must first submit an application to the
  759  Department of Economic Opportunity office for approval to earn
  760  tax credits or create transferable tax credits. The application
  761  must be filed by the date established by the Department of
  762  Economic Opportunity office. In addition to any information that
  763  the Department of Economic Opportunity office may require, the
  764  applicant must provide a complete description of the activity in
  765  this state which demonstrates to the Department of Economic
  766  Opportunity office the applicant’s likelihood to be certified to
  767  take or transfer a credit. The applicant must also provide a
  768  description of the total amount and type of credits for which
  769  approval is sought. The Department of Economic Opportunity
  770  office may consult with Space Florida regarding the
  771  qualifications of an applicant. The applicant shall provide an
  772  affidavit certifying that all information contained in the
  773  application is true and correct.
  774         1. Approval of the credits shall be provided on a first
  775  come, first-served basis, based on the date the completed
  776  applications are received by the Department of Economic
  777  Opportunity office. A taxpayer may not submit more than one
  778  completed application per state fiscal year. The Department of
  779  Economic Opportunity office may not accept an incomplete
  780  placeholder application, and the submission of such an
  781  application will not secure a place in the first-come, first
  782  served application line.
  783         2. The Department of Economic Opportunity office has 60
  784  days after the receipt of a completed application within which
  785  to issue a notice of intent to deny or approve an application
  786  for credits. The Department of Economic Opportunity office must
  787  ensure that the corporate income tax credits approved for all
  788  applicants do not exceed the limits provided in this section.
  789         (b) In order to take a tax credit under subparagraph (a)1.
  790  or, if applicable, to transfer an approved credit under
  791  subparagraph (a)2., a spaceflight business must submit an
  792  application for certification to the Department of Economic
  793  Opportunity office along with a nonrefundable $250 fee.
  794         1. The application must include:
  795         a. The name and physical in-state address of the taxpayer.
  796         b. Documentation demonstrating to the satisfaction of the
  797  Department of Economic Opportunity office that:
  798         (I) The taxpayer is a spaceflight business.
  799         (II) The business has engaged in a qualifying spaceflight
  800  project before taking or transferring a credit under this
  801  section.
  802         c. In addition to any requirement specific to a credit,
  803  documentation that the business has:
  804         (I) Created 35 new jobs in this state directly associated
  805  with spaceflight projects during its immediately preceding 3
  806  taxable years. The business shall be deemed to have created new
  807  jobs if the number of full-time jobs located in this state at
  808  the time of application for certification is greater than the
  809  total number of full-time jobs located in this state at the time
  810  of application for approval to earn credits; and
  811         (II) Invested a total of at least $15 million in this state
  812  on a spaceflight project during its immediately preceding 3
  813  taxable years.
  814         d. The total amount and types of credits sought.
  815         e. An acknowledgment that a transfer of a tax credit is to
  816  be accomplished pursuant to subsection (5).
  817         f. A copy of an audit or audits of the preceding 3 taxable
  818  years, prepared by a certified public accountant licensed to
  819  practice in this state, which identifies that portion of the
  820  business’s activities in this state related to spaceflight
  821  projects in this state.
  822         g. An acknowledgment that the business must file an annual
  823  report on the spaceflight project’s progress with the Department
  824  of Economic Opportunity office.
  825         h. Any other information necessary to demonstrate that the
  826  applicant meets the job creation, investment, and other
  827  requirements of this section.
  828         2. Within 60 days after receipt of the application for
  829  certification, the Department of Economic Opportunity office
  830  shall evaluate the application and recommend the business for
  831  certification or denial. The executive director of the
  832  Department of Economic Opportunity office must approve or deny
  833  the application within 30 days after receiving the
  834  recommendation. If approved, the Department of Economic
  835  Opportunity office must provide a letter of certification to the
  836  applicant consistent with any restrictions imposed. If the
  837  Department of Economic Opportunity office denies any part of the
  838  requested credit, the Department of Economic Opportunity office
  839  must inform the applicant of the grounds for the denial. A copy
  840  of the certification shall be submitted to the department within
  841  10 days after the executive director’s approval.
  842         (6) TRANSFERABILITY OF CREDIT.—
  843         (b) In order to perfect the transfer, the transferor shall
  844  provide the department with a written transfer statement that
  845  has been approved by the Department of Economic Opportunity
  846  office notifying the department of the transferor’s intent to
  847  transfer the tax credits to the transferee; the date that the
  848  transfer is effective; the transferee’s name, address, and
  849  federal taxpayer identification number; the tax period; and the
  850  amount of tax credits to be transferred. Upon receipt of the
  851  approved transfer statement, the department shall provide the
  852  transferee and the Department of Economic Opportunity office
  853  with a certificate reflecting the tax credit amounts
  854  transferred. A copy of the certificate must be attached to each
  855  tax return for which the transferee seeks to apply the credits.
  856         (7) AUDIT AUTHORITY; RECAPTURE OF CREDITS.—
  857         (a) In addition to its existing audit and investigative
  858  authority, the department may perform any additional financial
  859  and technical audits and investigations, including examining the
  860  accounts, books, and financial records of the tax credit
  861  applicant, which are necessary for verifying the accuracy of the
  862  return and to ensure compliance with this section. If requested
  863  by the department, the Department of Economic Opportunity office
  864  and Space Florida must provide technical assistance for any
  865  technical audits or examinations performed under this
  866  subsection.
  867         (b) Grounds for forfeiture of previously claimed tax
  868  credits approved under this section exist if the department
  869  determines, as a result of an audit or examination, or from
  870  information received from the Department of Economic Opportunity
  871  office, that a certified spaceflight business, or in the case of
  872  transferred tax credits, a taxpayer received tax credits for
  873  which the certified spaceflight business or taxpayer was not
  874  entitled. The spaceflight business or transferee must file an
  875  amended return reflecting the disallowed credits and paying any
  876  tax due as a result of the amendment.
  877         (d) The Department of Economic Opportunity office may
  878  revoke or modify a certification granting eligibility for tax
  879  credits if it finds that the certified spaceflight business made
  880  a false statement or representation in any application, record,
  881  report, plan, or other document filed in an attempt to receive
  882  tax credits under this section. The Department of Economic
  883  Opportunity office shall immediately notify the department of
  884  any revoked or modified orders affecting previously granted tax
  885  credits. The certified spaceflight business must also notify the
  886  department of any change in its claimed tax credit.
  887         (e) The certified spaceflight business must file with the
  888  department an amended return or other report required by the
  889  department by rule and pay any required tax and interest within
  890  60 days after the certified business receives notification from
  891  the Department of Economic Opportunity office that previously
  892  approved tax credits have been revoked or modified. If the
  893  revocation or modification order is contested, the spaceflight
  894  business must file the amended return or other report within 60
  895  days after a final order is issued.
  896         (8) RULES.—
  897         (a) The Department of Economic Opportunity office, in
  898  consultation with Space Florida, shall adopt rules to administer
  899  this section, including rules relating to application forms for
  900  credit approval and certification, and the application and
  901  certification procedures, guidelines, and requirements necessary
  902  to administer this section.
  903         (9) ANNUAL REPORT.—Beginning in 2014, the Department of
  904  Economic Opportunity office, in cooperation with Space Florida
  905  and the department, shall submit an annual report summarizing
  906  activities relating to the Florida Space Business Incentives Act
  907  established under this section to the Governor, the President of
  908  the Senate, and the Speaker of the House of Representatives by
  909  each November 30.
  910         Section 28. Paragraph (b) of subsection (3), paragraph (b)
  911  of subsection (4), subsection (6), paragraph (a) of subsection
  912  (7), and paragraph (c) of subsection (9) of section 258.501,
  913  Florida Statutes, are amended to read:
  914         258.501 Myakka River; wild and scenic segment.—
  915         (3) DEFINITIONS.—As used in this section, the term:
  916         (b) “Agreement” means the interagency operating agreement
  917  between the department, the Department of Economic Opportunity
  918  Community Affairs, and Sarasota County or the City of North
  919  Port.
  920         (4) DESIGNATION OF WILD AND SCENIC RIVER.—
  921         (b) The governments of Sarasota County and the City of
  922  North Port shall manage the Myakka River wild and scenic
  923  protection zone under their existing authorities for
  924  comprehensive planning, the regulation of land development
  925  activities, and other necessary or appropriate ordinances and in
  926  conformance with this section, the management plan required
  927  under subsection (5), and the agreements adopted by the
  928  department and the Department of Economic Opportunity Community
  929  Affairs with the city and county pursuant to this section.
  930         (6) AMENDMENT OF REGULATIONS AND COMPREHENSIVE PLANS.—
  931         (a) Sarasota County and the City of North Port shall amend
  932  their comprehensive plans so that the parts of such plans that
  933  affect the wild and scenic protection zone conform to, or are
  934  more stringent than, this section, the river management plan,
  935  and management guidelines and performance standards to be
  936  developed and contained within agreements to be adopted by the
  937  department, the Department of Economic Opportunity Community
  938  Affairs, and the city and county. The guidelines and performance
  939  standards must be used by the department and the Department of
  940  Economic Opportunity Community Affairs to review and monitor the
  941  regulation of activities by the city and county in the wild and
  942  scenic protection zone. Amendments to those comprehensive plans
  943  must include specific policies and guidelines for minimizing
  944  adverse impacts on resources in the river area and for managing
  945  the wild and scenic protection zone in conformance with this
  946  section, the river management plan, and the agreement. Such
  947  comprehensive plans must be amended within 1 year after the
  948  adoption date of the agreement, and thereafter, within 6 months
  949  following an amendment to this section, the river management
  950  plan, or the agreement, as may be necessary. For the purposes
  951  established in this subsection, such amendments need not conform
  952  to statutory or local ordinance limitations on the frequency of
  953  consideration of amendments to local comprehensive plans.
  954         (b) Sarasota County and the City of North Port shall adopt
  955  or amend, within 1 year after the department and the Department
  956  of Economic Opportunity Community Affairs adopt with the city
  957  and with the county agreements for regulating activities in the
  958  wild and scenic protection zone, any necessary ordinances and
  959  land development regulations so that those ordinances and
  960  regulations conform to the purposes of this section, the river
  961  management plan, and the agreement. Thereafter, following any
  962  amendment to this section, the river management plan, or the
  963  agreement, the city and county must amend or adopt, within 1
  964  year, appropriate ordinances and land development regulations to
  965  maintain such local ordinances and regulations in conformance
  966  with this section, the river management plan, and the agreement.
  967  Those ordinances and regulations must provide that activities
  968  must be prohibited, or must undergo review and either be denied
  969  or permitted with or without conditions, so as to minimize
  970  potential adverse physical and visual impacts on resource values
  971  in the river area and to minimize adverse impacts on private
  972  landowners’ use of land for residential purposes. The resource
  973  values of concern are those identified in this section and by
  974  the coordinating council in the river management plan.
  975  Activities which may be prohibited, subject to the agreement,
  976  include, but are not limited to, landfills, clear cuttings,
  977  major new infrastructure facilities, major activities that would
  978  alter historic water or flood flows, multifamily residential
  979  construction, commercial and industrial development, and mining
  980  and major excavations. However, appurtenant structures for these
  981  activities may be permitted if such structures do not have
  982  adverse visual or measurable adverse environmental impacts to
  983  resource values in the river area.
  984         (c) If the Department of Economic Opportunity Community
  985  Affairs determines that the local comprehensive plan or land
  986  development regulations, as amended or supplemented by the local
  987  government, are not in conformance with the purposes of this
  988  section, the river management plan, and the agreement, the
  989  Department of Economic Opportunity Community Affairs shall issue
  990  a notice of intent to find the plan not in compliance and such
  991  plan shall be subject to the administrative proceedings in
  992  accordance with s. 163.3184.
  993         (7) MANAGEMENT COORDINATING COUNCIL.—
  994         (a) Upon designation, the department shall create a
  995  permanent council to provide interagency and intergovernmental
  996  coordination in the management of the river. The coordinating
  997  council shall be composed of one representative appointed from
  998  each of the following: the department, the Department of
  999  Transportation, the Fish and Wildlife Conservation Commission,
 1000  the Department of Economic Opportunity Community Affairs, the
 1001  Division of Forestry of the Department of Agriculture and
 1002  Consumer Services, the Division of Historical Resources of the
 1003  Department of State, the Tampa Bay Regional Planning Council,
 1004  the Southwest Florida Water Management District, the Southwest
 1005  Florida Regional Planning Council, Manatee County, Sarasota
 1006  County, Charlotte County, the City of Sarasota, the City of
 1007  North Port, agricultural interests, environmental organizations,
 1008  and any others deemed advisable by the department.
 1009         (9) RULEMAKING AUTHORITY.—
 1010         (c) The department and the Department of Economic
 1011  Opportunity Community Affairs must enter into agreements with
 1012  the City of North Port and Sarasota County which that provide
 1013  for guiding and monitoring the regulation of activities by the
 1014  city and county, in accordance with subsection (6). Such
 1015  agreements shall include guidelines and performance standards
 1016  for regulating proposed activities so as to minimize adverse
 1017  environmental and visual impacts of such activities on the
 1018  resource values in the river area, and to minimize adverse
 1019  impacts to landowners’ use of land for residential purposes.
 1020         Section 29. Subsection (3) of section 259.042, Florida
 1021  Statutes, is amended to read:
 1022         259.042 Tax increment financing for conservation lands.—
 1023         (3) The governing body of the jurisdiction that will
 1024  administer the separate reserve account shall provide
 1025  documentation to the Department of Economic Opportunity
 1026  Community Affairs identifying the boundary of the tax increment
 1027  area. The department shall determine whether the boundary is
 1028  appropriate in that property owners within the boundary will
 1029  receive a benefit from the proposed purchase of identified
 1030  conservation lands. The department must issue a letter of
 1031  approval stating that the establishment of the tax increment
 1032  area and the proposed purchases would benefit property owners
 1033  within the boundary and serve a public purpose before any tax
 1034  increment funds are deposited into the separate reserve account.
 1035  If the department fails to provide the required letter within 90
 1036  days after receiving sufficient documentation of the boundary,
 1037  the establishment of the area and the proposed purchases are
 1038  deemed to provide such benefit and serve a public purpose.
 1039         Section 30. Paragraph (c) of subsection (3) of section
 1040  259.101, Florida Statutes, is amended to read:
 1041         259.101 Florida Preservation 2000 Act.—
 1042         (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the costs
 1043  of issuance, the costs of funding reserve accounts, and other
 1044  costs with respect to the bonds, the proceeds of bonds issued
 1045  pursuant to this act shall be deposited into the Florida
 1046  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
 1047  year 2000-2001, for each Florida Preservation 2000 program
 1048  described in paragraphs (a)-(g), that portion of each program’s
 1049  total remaining cash balance which, as of June 30, 2000, is in
 1050  excess of that program’s total remaining appropriation balances
 1051  shall be redistributed by the department and deposited into the
 1052  Save Our Everglades Trust Fund for land acquisition. For
 1053  purposes of calculating the total remaining cash balances for
 1054  this redistribution, the Florida Preservation 2000 Series 2000
 1055  bond proceeds, including interest thereon, and the fiscal year
 1056  1999-2000 General Appropriations Act amounts shall be deducted
 1057  from the remaining cash and appropriation balances,
 1058  respectively. The remaining proceeds shall be distributed by the
 1059  Department of Environmental Protection in the following manner:
 1060         (c) Ten percent to the Department of Environmental
 1061  Protection Community Affairs to provide land acquisition grants
 1062  and loans to local governments through the Florida Communities
 1063  Trust pursuant to part III of chapter 380. From funds allocated
 1064  to the trust, $3 million annually shall be used by the Division
 1065  of State Lands within the Department of Environmental Protection
 1066  to implement the Green Swamp Land Protection Initiative
 1067  specifically for the purchase of conservation easements, as
 1068  defined in s. 380.0677(3), of lands, or severable interests or
 1069  rights in lands, in the Green Swamp Area of Critical State
 1070  Concern. From funds allocated to the trust, $3 million annually
 1071  shall be used by the Monroe County Comprehensive Plan Land
 1072  Authority specifically for the purchase of a real property
 1073  interest in those lands subject to the Rate of Growth Ordinances
 1074  adopted by local governments in Monroe County or those lands
 1075  within the boundary of an approved Conservation and Recreation
 1076  Lands project located within the Florida Keys or Key West Areas
 1077  of Critical State Concern; however, title to lands acquired
 1078  within the boundary of an approved Conservation and Recreation
 1079  Lands project may, in accordance with an approved joint
 1080  acquisition agreement, vest in the Board of Trustees of the
 1081  Internal Improvement Trust Fund. Of the remaining funds, one
 1082  half shall be matched by local governments on a dollar-for
 1083  dollar basis. To the extent allowed by federal requirements for
 1084  the use of bond proceeds, the trust shall expend Preservation
 1085  2000 funds to carry out the purposes of part III of chapter 380.
 1086  
 1087  Local governments may use federal grants or loans, private
 1088  donations, or environmental mitigation funds, including
 1089  environmental mitigation funds required pursuant to s. 338.250,
 1090  for any part or all of any local match required for the purposes
 1091  described in this subsection. Bond proceeds allocated pursuant
 1092  to paragraph (c) may be used to purchase lands on the priority
 1093  lists developed pursuant to s. 259.035. Title to lands purchased
 1094  pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
 1095  vested in the Board of Trustees of the Internal Improvement
 1096  Trust Fund. Title to lands purchased pursuant to paragraph (c)
 1097  may be vested in the Board of Trustees of the Internal
 1098  Improvement Trust Fund. The board of trustees shall hold title
 1099  to land protection agreements and conservation easements that
 1100  were or will be acquired pursuant to s. 380.0677, and the
 1101  Southwest Florida Water Management District and the St. Johns
 1102  River Water Management District shall monitor such agreements
 1103  and easements within their respective districts until the state
 1104  assumes this responsibility.
 1105         Section 31. Paragraphs (e) and (h) of subsection (4) of
 1106  section 282.201, Florida Statutes, are amended to read:
 1107         282.201 State data center system; agency duties and
 1108  limitations.—A state data center system that includes all
 1109  primary data centers, other nonprimary data centers, and
 1110  computing facilities, and that provides an enterprise
 1111  information technology service as defined in s. 282.0041, is
 1112  established.
 1113         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
 1114         (e) During the 2012-2013 fiscal year, the following shall
 1115  be consolidated into the Southwood Shared Resource Center:
 1116         1. By September 30, 2012, the Division of Emergency
 1117  Management and the Department of Community Affairs, except for
 1118  the Emergency Operation Center’s management system in
 1119  Tallahassee and the Camp Blanding Emergency Operations Center in
 1120  Starke.
 1121         2. By September 30, 2012, the Department of Revenue’s
 1122  Carlton Building and Imaging Center locations.
 1123         3. By December 31, 2012, the Department of Health’s Test
 1124  and Development Lab and all remaining data center resources
 1125  located at the Capital Circle Office Complex.
 1126         (h) During the 2014-2015 fiscal year, the following
 1127  agencies shall work with the Agency for Enterprise Information
 1128  Technology to begin preliminary planning for consolidation into
 1129  a primary data center:
 1130         1. The Department of Health’s Jacksonville Lab Data Center.
 1131         2. The Department of Transportation’s district offices,
 1132  toll offices, and the District Materials Office.
 1133         3. The Department of Military Affairs’ Camp Blanding Joint
 1134  Training Center in Starke.
 1135         4. The Department of Community Affairs’ Camp Blanding
 1136  Emergency Operations Center in Starke.
 1137         5. The Department of Education’s Division of Blind Services
 1138  disaster recovery site in Daytona Beach.
 1139         6. The Department of Education’s disaster recovery site at
 1140  Santa Fe College.
 1141         7. The Department of the Lottery’s Disaster Recovery Backup
 1142  Data Center in Orlando.
 1143         8. The Fish and Wildlife Conservation Commission’s Fish and
 1144  Wildlife Research Institute in St. Petersburg.
 1145         9. The Department of Children and Family Services’ Suncoast
 1146  Data Center in Tampa.
 1147         10. The Department of Children and Family Services’ Florida
 1148  State Hospital in Chattahoochee.
 1149         Section 32. Subsection (1) of section 288.021, Florida
 1150  Statutes, is amended to read:
 1151         288.021 Economic development liaison.—
 1152         (1) The heads of the Department of Transportation, the
 1153  Department of Environmental Protection and an additional member
 1154  appointed by the secretary of the department, the Agency for
 1155  Workforce Innovation, the Department of Education, the
 1156  Department of Management Services, the Department of Revenue,
 1157  the Fish and Wildlife Conservation Commission, each water
 1158  management district, and each Department of Transportation
 1159  District office shall designate a high-level staff member from
 1160  within such agency to serve as the economic development liaison
 1161  for the agency. This person shall report to the agency head and
 1162  have general knowledge both of the state’s permitting and other
 1163  regulatory functions and of the state’s economic goals,
 1164  policies, and programs. This person shall also be the primary
 1165  point of contact for the agency with the department on issues
 1166  and projects important to the economic development of Florida,
 1167  including its rural areas, to expedite project review, to ensure
 1168  a prompt, effective response to problems arising with regard to
 1169  permitting and regulatory functions, and to work closely with
 1170  the other economic development liaisons to resolve interagency
 1171  conflicts.
 1172         Section 33. Paragraph (f) of subsection (2) and paragraph
 1173  (c) of subsection (5) of section 288.1045, Florida Statutes, are
 1174  amended to read:
 1175         288.1045 Qualified defense contractor and space flight
 1176  business tax refund program.—
 1177         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
 1178         (f) After entering into a tax refund agreement pursuant to
 1179  subsection (4), a qualified applicant may:
 1180         1. Receive refunds from the account for corporate income
 1181  taxes due and paid pursuant to chapter 220 by that business
 1182  beginning with the first taxable year of the business which
 1183  begins after entering into the agreement.
 1184         2. Receive refunds from the account for the following taxes
 1185  due and paid by that business after entering into the agreement:
 1186         a. Taxes on sales, use, and other transactions paid
 1187  pursuant to chapter 212.
 1188         b. Intangible personal property taxes paid pursuant to
 1189  chapter 199.
 1190         c. Excise taxes paid on documents pursuant to chapter 201.
 1191         d. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
 1192  June 1, 1996.
 1193         e. State communications services taxes administered under
 1194  chapter 202. This provision does not apply to the gross receipts
 1195  tax imposed under chapter 203 and administered under chapter 202
 1196  or the local communications services tax authorized under s.
 1197  202.19.
 1198  
 1199  However, a qualified applicant may not receive a tax refund
 1200  pursuant to this section for any amount of credit, refund, or
 1201  exemption granted such contractor for any of such taxes. If a
 1202  refund for such taxes is provided by the department, which taxes
 1203  are subsequently adjusted by the application of any credit,
 1204  refund, or exemption granted to the qualified applicant other
 1205  than that provided in this section, the qualified applicant
 1206  shall reimburse the Economic Development Trust Fund for the
 1207  amount of such credit, refund, or exemption. A qualified
 1208  applicant must notify and tender payment to the department
 1209  office within 20 days after receiving a credit, refund, or
 1210  exemption, other than that provided in this section.
 1211         (5) ANNUAL CLAIM FOR REFUND.—
 1212         (c) A tax refund may not be approved for any qualified
 1213  applicant unless local financial support has been paid to the
 1214  Economic Development Trust Fund for that refund. If the local
 1215  financial support is less than 20 percent of the approved tax
 1216  refund, the tax refund shall be reduced. The tax refund paid may
 1217  not exceed 5 times the local financial support received. Funding
 1218  from local sources includes tax abatement under s. 196.1995 or
 1219  the appraised market value of municipal or county land,
 1220  including any improvements or structures, conveyed or provided
 1221  at a discount through a sale or lease to that applicant. The
 1222  amount of any tax refund for an applicant approved under this
 1223  section shall be reduced by the amount of any such tax abatement
 1224  granted or the value of the land granted, including the value of
 1225  any improvements or structures; and the limitations in
 1226  subsection (2) shall be reduced by the amount of any such tax
 1227  abatement or the value of the land granted, including any
 1228  improvements or structures. A report listing all sources of the
 1229  local financial support shall be provided to the department
 1230  office when such support is paid to the Economic Development
 1231  Trust Fund.
 1232         Section 34. Paragraph (f) of subsection (4) and paragraphs
 1233  (c), (d), and (e) of subsection (6) of section 288.106, Florida
 1234  Statutes, are amended to read:
 1235         288.106 Tax refund program for qualified target industry
 1236  businesses.—
 1237         (4) APPLICATION AND APPROVAL PROCESS.—
 1238         (f) Effective July 1, 2011, Notwithstanding paragraph
 1239  (2)(j) (2)(k), the department office may reduce the local
 1240  financial support requirements of this section by one-half for a
 1241  qualified target industry business located in Bay County,
 1242  Escambia County, Franklin County, Gadsden County, Gulf County,
 1243  Jefferson County, Leon County, Okaloosa County, Santa Rosa
 1244  County, Wakulla County, or Walton County, if the department
 1245  office determines that such reduction of the local financial
 1246  support requirements is in the best interest of the state and
 1247  facilitates economic development, growth, or new employment
 1248  opportunities in such county. This paragraph expires June 30,
 1249  2014.
 1250         (6) ANNUAL CLAIM FOR REFUND.—
 1251         (c) The department may waive the requirement for proof of
 1252  taxes paid in future years for a qualified target industry
 1253  business that provides the department office with proof that, in
 1254  a single year, the business has paid an amount of state taxes
 1255  from the categories in paragraph (3)(d) which that is at least
 1256  equal to the total amount of tax refunds that the business may
 1257  receive through successful completion of its tax refund
 1258  agreement.
 1259         (d) A tax refund may not be approved for a qualified target
 1260  industry business unless the required local financial support
 1261  has been paid into the account for that refund. If the local
 1262  financial support provided is less than 20 percent of the
 1263  approved tax refund, the tax refund must be reduced. In no event
 1264  may the tax refund exceed an amount that is equal to 5 times the
 1265  amount of the local financial support received. Further, funding
 1266  from local sources includes any tax abatement granted to that
 1267  business under s. 196.1995 or the appraised market value of
 1268  municipal or county land conveyed or provided at a discount to
 1269  that business. The amount of any tax refund for such business
 1270  approved under this section must be reduced by the amount of any
 1271  such tax abatement granted or the value of the land granted, and
 1272  the limitations in subsection (3) and paragraph (4)(e) must be
 1273  reduced by the amount of any such tax abatement or the value of
 1274  the land granted. A report listing all sources of the local
 1275  financial support shall be provided to the department office
 1276  when such support is paid to the account.
 1277         (e) A prorated tax refund, less a 5 percent 5-percent
 1278  penalty, shall be approved for a qualified target industry
 1279  business if all other applicable requirements have been
 1280  satisfied and the business proves to the satisfaction of the
 1281  department office that:
 1282         1. It has achieved at least 80 percent of its projected
 1283  employment; and
 1284         2. The average wage paid by the business is at least 90
 1285  percent of the average wage specified in the tax refund
 1286  agreement, but in no case less than 115 percent of the average
 1287  private sector wage in the area available at the time of
 1288  certification, or 150 percent or 200 percent of the average
 1289  private sector wage if the business requested the additional
 1290  per-job tax refund authorized in paragraph (3)(b) for wages
 1291  above those levels. The prorated tax refund shall be calculated
 1292  by multiplying the tax refund amount for which the qualified
 1293  target industry business would have been eligible, if all
 1294  applicable requirements had been satisfied, by the percentage of
 1295  the average employment specified in the tax refund agreement
 1296  which was achieved, and by the percentage of the average wages
 1297  specified in the tax refund agreement which was achieved.
 1298         Section 35. Paragraph (a) of subsection (3) of section
 1299  288.108, Florida Statutes, is amended to read:
 1300         288.108 High-impact business.—
 1301         (3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE
 1302  AMOUNTS.—
 1303         (a) Upon commencement of operations, a qualified high
 1304  impact business is eligible to receive a high-impact business
 1305  performance grant in the amount as determined by the department
 1306  office under subsection (5), consistent with eligible amounts as
 1307  provided in paragraph (b), and specified in the qualified high
 1308  impact business agreement. The precise conditions that are
 1309  considered commencement of operations must be specified in the
 1310  qualified high-impact business agreement.
 1311         Section 36. Subsection (3) of section 288.1083, Florida
 1312  Statutes, is amended to read:
 1313         288.1083 Manufacturing and Spaceport Investment Incentive
 1314  Program.—
 1315         (3) Beginning July 1, 2010, and ending June 30, 2011, and
 1316  beginning July 1, 2011, and ending June 30, 2012, sales and use
 1317  tax paid in this state on eligible equipment purchases may
 1318  qualify for a refund as provided in this section. The total
 1319  amount of refunds that may be allocated by the department office
 1320  to all applicants during the period beginning July 1, 2010, and
 1321  ending June 30, 2011, is $19 million. The total amount of tax
 1322  refunds that may be allocated to all applicants during the
 1323  period beginning July 1, 2011, and ending June 30, 2012, is $24
 1324  million. An applicant may not be allocated more than $50,000 in
 1325  refunds under this section for a single year. Preliminary refund
 1326  allocations that are revoked or voluntarily surrendered shall be
 1327  immediately available for reallocation.
 1328         Section 37. Paragraph (l) of subsection (2) of section
 1329  288.1089, Florida Statutes, is amended to read:
 1330         288.1089 Innovation Incentive Program.—
 1331         (2) As used in this section, the term:
 1332         (l) “Match” means funding from local sources, public or
 1333  private, which will be paid to the applicant and which is equal
 1334  to 100 percent of an award. Eligible match funding may include
 1335  any tax abatement granted to the applicant under s. 196.1995 or
 1336  the appraised market value of land, buildings, infrastructure,
 1337  or equipment conveyed or provided at a discount to the
 1338  applicant. Complete documentation of a match payment or other
 1339  conveyance must be presented to and verified by the department
 1340  office prior to transfer of state funds to an applicant. An
 1341  applicant may not provide, directly or indirectly, more than 5
 1342  percent of match funding in any fiscal year. The sources of such
 1343  funding may not include, directly or indirectly, state funds
 1344  appropriated from the General Revenue Fund or any state trust
 1345  fund, excluding tax revenues shared with local governments
 1346  pursuant to law.
 1347         Section 38. Subsection (2) of section 288.1097, Florida
 1348  Statutes, is amended to read:
 1349         288.1097 Qualified job training organizations;
 1350  certification; duties.—
 1351         (2) To be eligible for funding, an organization must be
 1352  certified by the department Office of Tourism, Trade, and
 1353  Economic Development as meeting the criteria in subsection (1).
 1354  After certification, the department Office of Tourism, Trade,
 1355  and Economic Development may release funds to the qualified job
 1356  training organization pursuant to a contract with the
 1357  organization. The contract must include the performance
 1358  conditions that must be met in order to obtain the award or
 1359  portions of the award, including, but not limited to, net new
 1360  employment in the state, the methodology for validating
 1361  performance, the schedule of payments, and sanctions for failure
 1362  to meet the performance requirements including any provisions
 1363  for repayment of awards. The contract must also require that
 1364  salaries paid to officers and employees of the qualified job
 1365  training organization comply with s. 4958 of the Internal
 1366  Revenue Code of 1986, as amended.
 1367         Section 39. Paragraph (c) of subsection (3) of section
 1368  288.11621, Florida Statutes, is amended to read:
 1369         288.11621 Spring training baseball franchises.—
 1370         (3) USE OF FUNDS.—
 1371         (c) The Department of Revenue may not distribute funds to
 1372  an applicant certified on or after July 1, 2010, until it
 1373  receives notice from the department office that the certified
 1374  applicant has encumbered funds under subparagraph (a)2.
 1375         Section 40. Subsection (6) of section 288.1168, Florida
 1376  Statutes, is amended to read:
 1377         288.1168 Professional golf hall of fame facility.—
 1378         (6) The department Office of Tourism, Trade, and Economic
 1379  Development must recertify every 10 years that the facility is
 1380  open, continues to be the only professional golf hall of fame in
 1381  the United States recognized by the PGA Tour, Inc., and is
 1382  meeting the minimum projections for attendance or sales tax
 1383  revenue as required at the time of original certification. If
 1384  the facility is not certified as meeting the minimum
 1385  projections, the PGA Tour, Inc., shall increase its required
 1386  advertising contribution of $2 million annually to $2.5 million
 1387  annually in lieu of reduction of any funds as provided by s.
 1388  212.20. The additional $500,000 must be allocated in its
 1389  entirety for the use and promotion of generic Florida
 1390  advertising as determined by the department Office of Tourism,
 1391  Trade, and Economic Development. If the facility is not open to
 1392  the public or is no longer in use as the only professional golf
 1393  hall of fame in the United States recognized by the PGA Tour,
 1394  Inc., the entire $2.5 million for advertising must be used for
 1395  generic Florida advertising as determined by the department
 1396  Office of Tourism, Trade, and Economic Development.
 1397         Section 41. Subsection (4) of section 288.1171, Florida
 1398  Statutes, is amended to read:
 1399         288.1171 Motorsports entertainment complex; definitions;
 1400  certification; duties.—
 1401         (4) Upon determining that an applicant meets the
 1402  requirements of subsection (3), the department office shall
 1403  notify the applicant and the executive director of the
 1404  Department of Revenue of such certification by means of an
 1405  official letter granting certification. If the applicant fails
 1406  to meet the certification requirements of subsection (3), the
 1407  department office shall notify the applicant not later than 10
 1408  days following such determination.
 1409         Section 42. Paragraph (a) of subsection (8) of section
 1410  288.1254, Florida Statutes, is amended to read:
 1411         288.1254 Entertainment industry financial incentive
 1412  program.—
 1413         (8) RULES, POLICIES, AND PROCEDURES.—
 1414         (a) The department Office of Tourism, Trade, and Economic
 1415  Development may adopt rules pursuant to ss. 120.536(1) and
 1416  120.54 and develop policies and procedures to implement and
 1417  administer this section, including, but not limited to, rules
 1418  specifying requirements for the application and approval
 1419  process, records required for substantiation for tax credits,
 1420  procedures for making the election in paragraph (4)(d), the
 1421  manner and form of documentation required to claim tax credits
 1422  awarded or transferred under this section, and marketing
 1423  requirements for tax credit recipients.
 1424         Section 43. Subsection (2) of section 288.714, Florida
 1425  Statutes, is amended to read:
 1426         288.714 Quarterly and annual reports.—
 1427         (2) The department must compile a summary of all quarterly
 1428  reports and provide a copy of the summary to the board within 30
 1429  days after the end of each calendar quarter which that includes
 1430  a detailed summary of the recipient’s performance of the duties
 1431  imposed by s. 288.7102.
 1432         Section 44. Subsection (7) of section 288.7102, Florida
 1433  Statutes, is amended to read:
 1434         288.7102 Black Business Loan Program.—
 1435         (7) The department, in consultation with the board, shall
 1436  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
 1437  this section.
 1438         Section 45. Subsections (5) and (7) of section 288.987,
 1439  Florida Statutes, are amended to read:
 1440         288.987 Florida Defense Support Task Force.—
 1441         (5) The executive director of the Department of Economic
 1442  Opportunity Office of Tourism, Trade, and Economic Development
 1443  within the Executive Office of the Governor, or his or her
 1444  designee, shall serve as the ex officio, nonvoting executive
 1445  director of the task force.
 1446         (7) The department Office of Tourism, Trade, and Economic
 1447  Development shall contract with the task force for expenditure
 1448  of appropriated funds, which may be used by the task force for
 1449  economic and product research and development, joint planning
 1450  with host communities to accommodate military missions and
 1451  prevent base encroachment, advocacy on the state’s behalf with
 1452  federal civilian and military officials, assistance to school
 1453  districts in providing a smooth transition for large numbers of
 1454  additional military-related students, job training and placement
 1455  for military spouses in communities with high proportions of
 1456  active duty military personnel, and promotion of the state to
 1457  military and related contractors and employers. The task force
 1458  may annually spend up to $200,000 of funds appropriated to the
 1459  department Executive Office of the Governor, Office of Tourism,
 1460  Trade, and Economic Development, for the task force for staffing
 1461  and administrative expenses of the task force, including travel
 1462  and per diem costs incurred by task force members who are not
 1463  otherwise eligible for state reimbursement.
 1464         Section 46. Paragraph (d) of subsection (6) of section
 1465  290.0055, Florida Statutes, is amended to read:
 1466         290.0055 Local nominating procedure.—
 1467         (6)
 1468         (d)1. The governing body of a jurisdiction which has
 1469  nominated an application for an enterprise zone that is no
 1470  larger than 12 square miles and includes a portion of the state
 1471  designated as a rural area of critical economic concern under s.
 1472  288.0656(7) may apply to the department Office of Tourism,
 1473  Trade, and Economic Development to expand the boundary of the
 1474  enterprise zone by not more than 3 square miles. An application
 1475  to expand the boundary of an enterprise zone under this
 1476  paragraph must be submitted by December 31, 2012.
 1477         2. Notwithstanding the area limitations specified in
 1478  subsection (4), the department Office of Tourism, Trade, and
 1479  Economic Development may approve the request for a boundary
 1480  amendment if the area continues to satisfy the remaining
 1481  requirements of this section.
 1482         3. The department Office of Tourism, Trade, and Economic
 1483  Development shall establish the initial effective date of an
 1484  enterprise zone designated under this paragraph.
 1485         Section 47. Paragraph (a) of subsection (4) of section
 1486  290.0065, Florida Statutes, is amended to read:
 1487         290.0065 State designation of enterprise zones.—
 1488         (4)(a) Notwithstanding s. 290.0055, the department may
 1489  redesignate any state enterprise zone having an effective date
 1490  on or before January 1, 2005, as a state enterprise zone upon
 1491  completion and submittal to the department office by the
 1492  governing body for an enterprise zone of the following:
 1493         1. An updated zone profile for the enterprise zone based on
 1494  the most recent census data that complies with s. 290.0055,
 1495  except that pervasive poverty criteria may be set aside for
 1496  rural enterprise zones.
 1497         2. A resolution passed by the governing body for that
 1498  enterprise zone requesting redesignation and explaining the
 1499  reasons the conditions of the zone merit redesignation.
 1500         3. Measurable goals for the enterprise zone developed by
 1501  the enterprise zone development agency, which may be the goals
 1502  established in the enterprise zone’s strategic plan.
 1503  
 1504  The governing body may also submit a request for a boundary
 1505  change in an enterprise zone in the same application to the
 1506  department as long as the new area complies with the
 1507  requirements of s. 290.0055, except that pervasive poverty
 1508  criteria may be set aside for rural enterprise zones.
 1509         Section 48. Section 290.00726, Florida Statutes, is amended
 1510  to read:
 1511         290.00726 Enterprise zone designation for Martin County.
 1512  Martin County may apply to the department Office of Tourism,
 1513  Trade, and Economic Development for designation of one
 1514  enterprise zone for an area within Martin County, which zone
 1515  shall encompass an area of up to 10 square miles consisting of
 1516  land within the primary urban services boundary and focusing on
 1517  Indiantown, but excluding property owned by Florida Power and
 1518  Light to the west, two areas to the north designated as estate
 1519  residential, and the county-owned Timer Powers Recreational
 1520  Area. Within the designated enterprise zone, Martin County shall
 1521  exempt residential condominiums from benefiting from state
 1522  enterprise zone incentives, unless prohibited by law. The
 1523  application must have been submitted by December 31, 2011, and
 1524  must comply with the requirements of s. 290.0055.
 1525  Notwithstanding s. 290.0065 limiting the total number of
 1526  enterprise zones designated and the number of enterprise zones
 1527  within a population category, the department Office of Tourism,
 1528  Trade, and Economic Development may designate one enterprise
 1529  zone under this section. The department Office of Tourism,
 1530  Trade, and Economic Development shall establish the initial
 1531  effective date of the enterprise zone designated under this
 1532  section.
 1533         Section 49. Section 290.00727, Florida Statutes, is amended
 1534  to read:
 1535         290.00727 Enterprise zone designation for the City of Palm
 1536  Bay.—The City of Palm Bay may apply to the department Office of
 1537  Tourism, Trade, and Economic Development for designation of one
 1538  enterprise zone for an area within the northeast portion of the
 1539  city, which zone shall encompass an area of up to 5 square
 1540  miles. The application must have been submitted by December 31,
 1541  2011, and must comply with the requirements of s. 290.0055.
 1542  Notwithstanding s. 290.0065 limiting the total number of
 1543  enterprise zones designated and the number of enterprise zones
 1544  within a population category, the department Office of Tourism,
 1545  Trade, and Economic Development may designate one enterprise
 1546  zone under this section. The department Office of Tourism,
 1547  Trade, and Economic Development shall establish the initial
 1548  effective date of the enterprise zone designated under this
 1549  section.
 1550         Section 50. Section 290.00728, Florida Statutes, is amended
 1551  to read:
 1552         290.00728 Enterprise zone designation for Lake County.—Lake
 1553  County may apply to the department Office of Tourism, Trade, and
 1554  Economic Development for designation of one enterprise zone,
 1555  which zone shall encompass an area of up to 10 square miles
 1556  within Lake County. The application must have been submitted by
 1557  December 31, 2011, and must comply with the requirements of s.
 1558  290.0055. Notwithstanding s. 290.0065 limiting the total number
 1559  of enterprise zones designated and the number of enterprise
 1560  zones within a population category, the department Office of
 1561  Tourism, Trade, and Economic Development may designate one
 1562  enterprise zone under this section. The department Office of
 1563  Tourism, Trade, and Economic Development shall establish the
 1564  initial effective date of the enterprise zone designated under
 1565  this section.
 1566         Section 51. Subsections (1) and (6) of section 311.09,
 1567  Florida Statutes, are amended to read:
 1568         311.09 Florida Seaport Transportation and Economic
 1569  Development Council.—
 1570         (1) The Florida Seaport Transportation and Economic
 1571  Development Council is created within the Department of
 1572  Transportation. The council consists of the following 17 18
 1573  members: the port director, or the port director’s designee, of
 1574  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
 1575  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
 1576  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
 1577  West, and Fernandina; the secretary of the Department of
 1578  Transportation or his or her designee; and the director of the
 1579  Department of Economic Opportunity or his or her designee.
 1580         (6) The Department of Economic Opportunity Community
 1581  Affairs shall review the list of projects approved by the
 1582  council to determine consistency with approved local government
 1583  comprehensive plans of the units of local government in which
 1584  the port is located and consistency with the port master plan.
 1585  The Department of Economic Opportunity Community Affairs shall
 1586  identify and notify the council of those projects that which are
 1587  not consistent, to the maximum extent feasible, with such
 1588  comprehensive plans and port master plans.
 1589         Section 52. Paragraph (b) of subsection (9), paragraph (a)
 1590  of subsection (35), and paragraph (b) of subsection (62) of
 1591  section 320.08058, Florida Statutes, are amended to read:
 1592         320.08058 Specialty license plates.—
 1593         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
 1594         (b) The license plate annual use fees are to be annually
 1595  distributed as follows:
 1596         1. Fifty-five percent of the proceeds from the Florida
 1597  Professional Sports Team plate must be deposited into the
 1598  Professional Sports Development Trust Fund within the Department
 1599  of Economic Opportunity. These funds must be used solely to
 1600  attract and support major sports events in this state. As used
 1601  in this subparagraph, the term “major sports events” means, but
 1602  is not limited to, championship or all-star contests of Major
 1603  League Baseball, the National Basketball Association, the
 1604  National Football League, the National Hockey League, the men’s
 1605  and women’s National Collegiate Athletic Association Final Four
 1606  basketball championship, or a horseracing or dogracing Breeders’
 1607  Cup. All funds must be used to support and promote major
 1608  sporting events, and the uses must be approved by the Department
 1609  of Economic Opportunity Florida Sports Foundation.
 1610         2. The remaining proceeds of the Florida Professional
 1611  Sports Team license plate must be allocated to Enterprise
 1612  Florida, Inc. These funds must be deposited into the
 1613  Professional Sports Development Trust Fund within the Department
 1614  of Economic Opportunity. These funds must be used by Enterprise
 1615  Florida, Inc., to promote the economic development of the sports
 1616  industry; to distribute licensing and royalty fees to
 1617  participating professional sports teams; to promote education
 1618  programs in Florida schools that provide an awareness of the
 1619  benefits of physical activity and nutrition standards; to
 1620  partner with the Department of Education and the Department of
 1621  Health to develop a program that recognizes schools whose
 1622  students demonstrate excellent physical fitness or fitness
 1623  improvement; to institute a grant program for communities
 1624  bidding on minor sporting events that create an economic impact
 1625  for the state; to distribute funds to Florida-based charities
 1626  designated by Enterprise Florida, Inc., and the participating
 1627  professional sports teams; and to fulfill the sports promotion
 1628  responsibilities of the Department of Economic Opportunity.
 1629         3. Enterprise Florida, Inc., shall provide an annual
 1630  financial audit in accordance with s. 215.981 of its financial
 1631  accounts and records by an independent certified public
 1632  accountant pursuant to the contract established by the
 1633  Department of Economic Opportunity. The auditor shall submit the
 1634  audit report to the Department of Economic Opportunity for
 1635  review and approval. If the audit report is approved, the
 1636  Department of Economic Opportunity shall certify the audit
 1637  report to the Auditor General for review.
 1638         4. Notwithstanding the provisions of subparagraphs 1. and
 1639  2., proceeds from the Professional Sports Development Trust Fund
 1640  may also be used for operational expenses of Enterprise Florida,
 1641  Inc., and financial support of the Sunshine State Games.
 1642         (35) FLORIDA GOLF LICENSE PLATES.—
 1643         (a) The Department of Highway Safety and Motor Vehicles
 1644  shall develop a Florida Golf license plate as provided in this
 1645  section. The word “Florida” must appear at the bottom of the
 1646  plate. The Dade Amateur Golf Association, following consultation
 1647  with the PGA TOUR, Enterprise Florida, Inc., the Florida Sports
 1648  Foundation, the LPGA, and the PGA of America, may submit a
 1649  revised sample plate for consideration by the department.
 1650         (62) PROTECT FLORIDA SPRINGS LICENSE PLATES.—
 1651         (b) The annual use fees shall be distributed to the
 1652  Wildlife Foundation of Florida, Inc., a citizen support
 1653  organization created pursuant to s. 379.223, which shall
 1654  administer the fees as follows:
 1655         1. Wildlife Foundation of Florida, Inc., shall retain the
 1656  first $60,000 of the annual use fees as direct reimbursement for
 1657  administrative costs, startup costs, and costs incurred in the
 1658  development and approval process.
 1659         2. Thereafter, a maximum of 10 percent of the fees may be
 1660  used for administrative costs directly associated with education
 1661  programs, conservation, springs research, and grant
 1662  administration of the foundation. A maximum of 15 percent of the
 1663  fees may be used for continuing promotion and marketing of the
 1664  license plate.
 1665         3. At least 55 percent of the fees shall be available for
 1666  competitive grants for targeted community-based springs research
 1667  not currently available for state funding. The remaining 20
 1668  percent shall be directed toward community outreach programs
 1669  aimed at implementing such research findings. The competitive
 1670  grants shall be administered and approved by the board of
 1671  directors of the Wildlife Foundation of Florida. The granting
 1672  advisory committee shall be composed of nine members, including
 1673  one representative from the Fish and Wildlife Conservation
 1674  Commission, one representative from the Department of
 1675  Environmental Protection, one representative from the Department
 1676  of Health, one representative from the Department of Economic
 1677  Opportunity Community Affairs, three citizen representatives,
 1678  and two representatives from nonprofit stakeholder groups.
 1679         4. The remaining funds shall be distributed with the
 1680  approval of and accountability to the board of directors of the
 1681  Wildlife Foundation of Florida, and shall be used to support
 1682  activities contributing to education, outreach, and springs
 1683  conservation.
 1684         Section 53. Paragraph (b) of subsection (5) of section
 1685  339.135, Florida Statutes, is amended to read:
 1686         339.135 Work program; legislative budget request;
 1687  definitions; preparation, adoption, execution, and amendment.—
 1688         (5) ADOPTION OF THE WORK PROGRAM.—
 1689         (b) Notwithstanding paragraph (a), and for the 2011-2012
 1690  fiscal year only, the Department of Transportation shall
 1691  transfer funds to the Department of Economic Opportunity Office
 1692  of Tourism, Trade, and Economic Development in an amount equal
 1693  to $15 million for the purpose of funding transportation-related
 1694  needs of economic development projects. This transfer does shall
 1695  not reduce, delete, or defer any existing projects funded, as of
 1696  July 1, 2011, in the Department of Transportation’s 5-year work
 1697  program. This paragraph expires July 1, 2012.
 1698         Section 54. Subsection (1) of section 342.201, Florida
 1699  Statutes, is amended to read:
 1700         342.201 Waterfronts Florida Program.—
 1701         (1) There is established within the Department of Economic
 1702  Opportunity Environmental Protection the Waterfronts Florida
 1703  Program to provide technical assistance and support to
 1704  communities in revitalizing waterfront areas in this state.
 1705         Section 55. Paragraph (h) of subsection (2) of section
 1706  377.703, Florida Statutes, is amended to read:
 1707         377.703 Additional functions of the Department of
 1708  Agriculture and Consumer Services.—
 1709         (2) DUTIES.—The department shall perform the following
 1710  functions, unless as otherwise provided, consistent with the
 1711  development of a state energy policy:
 1712         (h) The department shall promote the development and use of
 1713  renewable energy resources, in conformance with the provisions
 1714  of chapter 187 and s. 377.601, by:
 1715         1. Establishing goals and strategies for increasing the use
 1716  of solar energy in this state.
 1717         2. Aiding and promoting the commercialization of solar
 1718  energy technology, in cooperation with the Florida Solar Energy
 1719  Center, Enterprise Florida, Inc., and any other federal, state,
 1720  or local governmental agency which may seek to promote research,
 1721  development, and demonstration of solar energy equipment and
 1722  technology.
 1723         3. Identifying barriers to greater use of solar energy
 1724  systems in this state, and developing specific recommendations
 1725  for overcoming identified barriers, with findings and
 1726  recommendations to be submitted annually in the report to the
 1727  Governor and Legislature required under paragraph (f).
 1728         4. In cooperation with the Department of Environmental
 1729  Protection, the Department of Transportation, the Department of
 1730  Economic Opportunity Community Affairs, Enterprise Florida,
 1731  Inc., the Florida Solar Energy Center, and the Florida Solar
 1732  Energy Industries Association, investigating opportunities,
 1733  pursuant to the National Energy Policy Act of 1992, the Housing
 1734  and Community Development Act of 1992, and any subsequent
 1735  federal legislation, for solar electric vehicles and other solar
 1736  energy manufacturing, distribution, installation, and financing
 1737  efforts which will enhance this state’s position as the leader
 1738  in solar energy research, development, and use.
 1739         5. Undertaking other initiatives to advance the development
 1740  and use of renewable energy resources in this state.
 1741  
 1742  In the exercise of its responsibilities under this paragraph,
 1743  the department shall seek the assistance of the solar energy
 1744  industry in this state and other interested parties and is
 1745  authorized to enter into contracts, retain professional
 1746  consulting services, and expend funds appropriated by the
 1747  Legislature for such purposes.
 1748         Section 56. Paragraphs (c) and (d) of subsection (4) of
 1749  section 377.809, Florida Statutes, are amended to read:
 1750         377.809 Energy Economic Zone Pilot Program.—
 1751         (4)
 1752         (c) Upon approving an incentive for an eligible business,
 1753  the governing body that has jurisdiction over the energy
 1754  economic zone shall provide the taxpayer with a certificate
 1755  indicating the name and federal identification number of the
 1756  eligible business, the date the incentive is provided, the name
 1757  of the energy economic zone, the incentive type, and the
 1758  incentive amount. The local governing body shall certify to the
 1759  Department of Revenue or the Department of Economic Opportunity
 1760  Office of Tourism, Trade, and Economic Development, whichever is
 1761  applicable, which businesses or properties are eligible to
 1762  receive any or all of the state incentives according to their
 1763  statutory requirements. The governing body that has jurisdiction
 1764  over the energy economic zone shall provide a copy of the
 1765  certificate to the Department of Revenue and the Department of
 1766  Economic Opportunity Office of Tourism, Trade, and Economic
 1767  Development as notification that such incentives were approved
 1768  for the specific eligible business or property. For incentives
 1769  to be claimed against the sales and use tax under chapter 212,
 1770  the Department of Revenue shall send, within 14 days after
 1771  receipt, written instructions to an eligible business on how to
 1772  claim the credit on a sales and use tax return initiated through
 1773  an electronic data interchange. Any credit against the sales and
 1774  use tax shall be deducted from any sales and use tax remitted by
 1775  the dealer to the Department of Revenue by electronic funds
 1776  transfer and may be deducted only on a sales and use tax return
 1777  initiated through an electronic data interchange. The dealer
 1778  shall separately state the credit on the electronic return. The
 1779  net amount of tax due and payable must be remitted by electronic
 1780  funds transfer. If the credit exceeds the amount owed on the
 1781  sales and use tax return, such excess amount may be carried
 1782  forward for a period not to exceed 12 months after the date that
 1783  the credit is initially claimed.
 1784         (d) If all conditions are deemed met, the Department of
 1785  Economic Opportunity Office of Tourism, Trade, and Economic
 1786  Development and the Department of Revenue may adopt emergency
 1787  rules pursuant to ss. 120.536(1) and 120.54 to administer the
 1788  provisions of this subsection. The emergency rules shall remain
 1789  in effect for 6 months after the rules are adopted, and the
 1790  rules may be renewed while the procedures to adopt permanent
 1791  rules addressing the subject of the emergency rules are pending.
 1792         Section 57. Paragraph (b) of subsection (6), paragraph (b)
 1793  of subsection (19), paragraphs (l) and (q) of subsection (24),
 1794  and paragraphs (b) and (c) of subsection (29) of section 380.06,
 1795  Florida Statutes, are amended to read:
 1796         380.06 Developments of regional impact.—
 1797         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
 1798  PLAN AMENDMENTS.—
 1799         (b) Any local government comprehensive plan amendments
 1800  related to a proposed development of regional impact, including
 1801  any changes proposed under subsection (19), may be initiated by
 1802  a local planning agency or the developer and must be considered
 1803  by the local governing body at the same time as the application
 1804  for development approval using the procedures provided for local
 1805  plan amendment in s. 163.3187 and applicable local ordinances,
 1806  without regard to local limits on the frequency of consideration
 1807  of amendments to the local comprehensive plan. This paragraph
 1808  does not require favorable consideration of a plan amendment
 1809  solely because it is related to a development of regional
 1810  impact. The procedure for processing such comprehensive plan
 1811  amendments is as follows:
 1812         1. If a developer seeks a comprehensive plan amendment
 1813  related to a development of regional impact, the developer must
 1814  so notify in writing the regional planning agency, the
 1815  applicable local government, and the state land planning agency
 1816  no later than the date of preapplication conference or the
 1817  submission of the proposed change under subsection (19).
 1818         2. When filing the application for development approval or
 1819  the proposed change, the developer must include a written
 1820  request for comprehensive plan amendments that would be
 1821  necessitated by the development-of-regional-impact approvals
 1822  sought. That request must include data and analysis upon which
 1823  the applicable local government can determine whether to
 1824  transmit the comprehensive plan amendment pursuant to s.
 1825  163.3184.
 1826         3. The local government must advertise a public hearing on
 1827  the transmittal within 30 days after filing the application for
 1828  development approval or the proposed change and must make a
 1829  determination on the transmittal within 60 days after the
 1830  initial filing unless that time is extended by the developer.
 1831         4. If the local government approves the transmittal,
 1832  procedures set forth in s. 163.3184(3)(b) and (c)
 1833  163.3184(4)(b)-(d) must be followed.
 1834         5. Notwithstanding subsection (11) or subsection (19), the
 1835  local government may not hold a public hearing on the
 1836  application for development approval or the proposed change or
 1837  on the comprehensive plan amendments sooner than 30 days after
 1838  from receipt of the response from the state land planning agency
 1839  pursuant to s. 163.3184(3)(c)1. 163.3184(4)(d).
 1840         6. The local government must hear both the application for
 1841  development approval or the proposed change and the
 1842  comprehensive plan amendments at the same hearing. However, the
 1843  local government must take action separately on the application
 1844  for development approval or the proposed change and on the
 1845  comprehensive plan amendments.
 1846         7. Thereafter, the appeal process for the local government
 1847  development order must follow the provisions of s. 380.07, and
 1848  the compliance process for the comprehensive plan amendments
 1849  must follow the provisions of s. 163.3184.
 1850         (19) SUBSTANTIAL DEVIATIONS.—
 1851         (b) Any proposed change to a previously approved
 1852  development of regional impact or development order condition
 1853  which, either individually or cumulatively with other changes,
 1854  exceeds any of the following criteria shall constitute a
 1855  substantial deviation and shall cause the development to be
 1856  subject to further development-of-regional-impact review without
 1857  the necessity for a finding of same by the local government:
 1858         1. An increase in the number of parking spaces at an
 1859  attraction or recreational facility by 15 percent or 500 spaces,
 1860  whichever is greater, or an increase in the number of spectators
 1861  that may be accommodated at such a facility by 15 percent or
 1862  1,500 spectators, whichever is greater.
 1863         2. A new runway, a new terminal facility, a 25 percent 25
 1864  percent lengthening of an existing runway, or a 25 percent 25
 1865  percent increase in the number of gates of an existing terminal,
 1866  but only if the increase adds at least three additional gates.
 1867         3. An increase in land area for office development by 15
 1868  percent or an increase of gross floor area of office development
 1869  by 15 percent or 100,000 gross square feet, whichever is
 1870  greater.
 1871         4. An increase in the number of dwelling units by 10
 1872  percent or 55 dwelling units, whichever is greater.
 1873         5. An increase in the number of dwelling units by 50
 1874  percent or 200 units, whichever is greater, provided that 15
 1875  percent of the proposed additional dwelling units are dedicated
 1876  to affordable workforce housing, subject to a recorded land use
 1877  restriction that shall be for a period of not less than 20 years
 1878  and that includes resale provisions to ensure long-term
 1879  affordability for income-eligible homeowners and renters and
 1880  provisions for the workforce housing to be commenced prior to
 1881  the completion of 50 percent of the market rate dwelling. For
 1882  purposes of this subparagraph, the term “affordable workforce
 1883  housing” means housing that is affordable to a person who earns
 1884  less than 120 percent of the area median income, or less than
 1885  140 percent of the area median income if located in a county in
 1886  which the median purchase price for a single-family existing
 1887  home exceeds the statewide median purchase price of a single
 1888  family existing home. For purposes of this subparagraph, the
 1889  term “statewide median purchase price of a single-family
 1890  existing home” means the statewide purchase price as determined
 1891  in the Florida Sales Report, Single-Family Existing Homes,
 1892  released each January by the Florida Association of Realtors and
 1893  the University of Florida Real Estate Research Center.
 1894         6. An increase in commercial development by 60,000 square
 1895  feet of gross floor area or of parking spaces provided for
 1896  customers for 425 cars or a 10 percent 10-percent increase,
 1897  whichever is greater.
 1898         7. An increase in a recreational vehicle park area by 10
 1899  percent or 110 vehicle spaces, whichever is less.
 1900         8. A decrease in the area set aside for open space of 5
 1901  percent or 20 acres, whichever is less.
 1902         9. A proposed increase to an approved multiuse development
 1903  of regional impact where the sum of the increases of each land
 1904  use as a percentage of the applicable substantial deviation
 1905  criteria is equal to or exceeds 110 percent. The percentage of
 1906  any decrease in the amount of open space shall be treated as an
 1907  increase for purposes of determining when 110 percent has been
 1908  reached or exceeded.
 1909         10. A 15 percent 15-percent increase in the number of
 1910  external vehicle trips generated by the development above that
 1911  which was projected during the original development-of-regional
 1912  impact review.
 1913         11. Any change that which would result in development of
 1914  any area which was specifically set aside in the application for
 1915  development approval or in the development order for
 1916  preservation or special protection of endangered or threatened
 1917  plants or animals designated as endangered, threatened, or
 1918  species of special concern and their habitat, any species
 1919  protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
 1920  archaeological and historical sites designated as significant by
 1921  the Division of Historical Resources of the Department of State.
 1922  The refinement of the boundaries and configuration of such areas
 1923  shall be considered under sub-subparagraph (e)2.j.
 1924  
 1925  The substantial deviation numerical standards in subparagraphs
 1926  3., 6., and 9., excluding residential uses, and in subparagraph
 1927  10., are increased by 100 percent for a project certified under
 1928  s. 403.973 which creates jobs and meets criteria established by
 1929  the Department of Economic Opportunity Office of Tourism, Trade,
 1930  and Economic Development as to its impact on an area’s economy,
 1931  employment, and prevailing wage and skill levels. The
 1932  substantial deviation numerical standards in subparagraphs 3.,
 1933  4., 5., 6., 9., and 10. are increased by 50 percent for a
 1934  project located wholly within an urban infill and redevelopment
 1935  area designated on the applicable adopted local comprehensive
 1936  plan future land use map and not located within the coastal high
 1937  hazard area.
 1938         (24) STATUTORY EXEMPTIONS.—
 1939         (l) Any proposed development within an urban service
 1940  boundary established under s. 163.3177(14), Florida Statutes
 1941  (2010), which is not otherwise exempt pursuant to subsection
 1942  (29), is exempt from this section if the local government having
 1943  jurisdiction over the area where the development is proposed has
 1944  adopted the urban service boundary and has entered into a
 1945  binding agreement with jurisdictions that would be impacted and
 1946  with the Department of Transportation regarding the mitigation
 1947  of impacts on state and regional transportation facilities.
 1948         (q) Any development identified in an airport master plan
 1949  and adopted into the comprehensive plan pursuant to s.
 1950  163.3177(6)(k), Florida Statutes (2010) is exempt from this
 1951  section.
 1952  
 1953  If a use is exempt from review as a development of regional
 1954  impact under paragraphs (a)-(u), but will be part of a larger
 1955  project that is subject to review as a development of regional
 1956  impact, the impact of the exempt use must be included in the
 1957  review of the larger project, unless such exempt use involves a
 1958  development of regional impact that includes a landowner,
 1959  tenant, or user that has entered into a funding agreement with
 1960  the Department of Economic Opportunity under the Innovation
 1961  Incentive Program and the agreement contemplates a state award
 1962  of at least $50 million.
 1963         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 1964         (b) If a municipality that does not qualify as a dense
 1965  urban land area pursuant to s. 163.3164 designates any of the
 1966  following areas in its comprehensive plan, any proposed
 1967  development within the designated area is exempt from the
 1968  development-of-regional-impact process:
 1969         1. Urban infill as defined in s. 163.3164;
 1970         2. Community redevelopment areas as defined in s. 163.340;
 1971         3. Downtown revitalization areas as defined in s. 163.3164;
 1972         4. Urban infill and redevelopment under s. 163.2517; or
 1973         5. Urban service areas as defined in s. 163.3164 or areas
 1974  within a designated urban service boundary under s.
 1975  163.3177(14).
 1976         (c) If a county that does not qualify as a dense urban land
 1977  area pursuant to s. 163.3164 designates any of the following
 1978  areas in its comprehensive plan, any proposed development within
 1979  the designated area is exempt from the development-of-regional
 1980  impact process:
 1981         1. Urban infill as defined in s. 163.3164;
 1982         2. Urban infill and redevelopment under s. 163.2517; or
 1983         3. Urban service areas as defined in s. 163.3164.
 1984         Section 58. Paragraph (a) of subsection (4) of section
 1985  402.56, Florida Statutes, is amended to read:
 1986         402.56 Children’s cabinet; organization; responsibilities;
 1987  annual report.—
 1988         (4) MEMBERS.—The cabinet shall consist of 14 members
 1989  including the Governor and the following persons:
 1990         (a)1. The Secretary of Children and Family Services;
 1991         2. The Secretary of Juvenile Justice;
 1992         3. The director of the Agency for Persons with
 1993  Disabilities;
 1994         4. The director of the Office Division of Early Learning;
 1995         5. The State Surgeon General;
 1996         6. The Secretary of Health Care Administration;
 1997         7. The Commissioner of Education;
 1998         8. The director of the Statewide Guardian Ad Litem Office;
 1999         9. The director of the Office of Child Abuse Prevention;
 2000  and
 2001         10. Five members representing children and youth advocacy
 2002  organizations, who are not service providers and who are
 2003  appointed by the Governor.
 2004         Section 59. Subsection (6) of section 403.0891, Florida
 2005  Statutes, is amended to read:
 2006         403.0891 State, regional, and local stormwater management
 2007  plans and programs.—The department, the water management
 2008  districts, and local governments shall have the responsibility
 2009  for the development of mutually compatible stormwater management
 2010  programs.
 2011         (6) The department and the Department of Economic
 2012  Opportunity Community Affairs, in cooperation with local
 2013  governments in the coastal zone, shall develop a model
 2014  stormwater management program that could be adopted by local
 2015  governments. The model program shall contain dedicated funding
 2016  options, including a stormwater utility fee system based upon an
 2017  equitable unit cost approach. Funding options shall be designed
 2018  to generate capital to retrofit existing stormwater management
 2019  systems, build new treatment systems, operate facilities, and
 2020  maintain and service debt.
 2021         Section 60. Subsection (8) of section 420.503, Florida
 2022  Statutes, is amended to read:
 2023         420.503 Definitions.—As used in this part, the term:
 2024         (8) “Contract” means the contract between the executive
 2025  director secretary of the department and the corporation for
 2026  provision of housing services referenced in s. 420.0006.
 2027         Section 61. Subsection (30) of section 420.507, Florida
 2028  Statutes, is amended to read:
 2029         420.507 Powers of the corporation.—The corporation shall
 2030  have all the powers necessary or convenient to carry out and
 2031  effectuate the purposes and provisions of this part, including
 2032  the following powers which are in addition to all other powers
 2033  granted by other provisions of this part:
 2034         (30) To prepare and submit to the executive director
 2035  secretary of the department a budget request for purposes of the
 2036  corporation, which request shall, notwithstanding the provisions
 2037  of chapter 216 and in accordance with s. 216.351, contain a
 2038  request for operational expenditures and separate requests for
 2039  other authorized corporation programs. The request need shall
 2040  not be required to contain information on the number of
 2041  employees, salaries, or any classification thereof, and the
 2042  approved operating budget therefor need not comply with s.
 2043  216.181(8)-(10). The executive director may secretary is
 2044  authorized to include within the department’s budget request the
 2045  corporation’s budget request in the form as authorized by this
 2046  section.
 2047         Section 62. Paragraph (d) of subsection (1) of section
 2048  420.101, Florida Statutes, is amended to read:
 2049         420.101 Housing Development Corporation of Florida;
 2050  creation, membership, and purposes.—
 2051         (1) Twenty-five or more persons, a majority of whom shall
 2052  be residents of this state, who may desire to create a housing
 2053  development corporation under the provisions of this part for
 2054  the purpose of promoting and developing housing and advancing
 2055  the prosperity and economic welfare of the state and, to that
 2056  end, to exercise the powers and privileges hereinafter provided,
 2057  may be incorporated by filing in the Department of State, as
 2058  hereinafter provided, articles of incorporation. The articles of
 2059  incorporation shall contain:
 2060         (d) The names and post office addresses of the members of
 2061  the first board of directors. The first board of directors shall
 2062  be elected by and from the stockholders of the corporation and
 2063  shall consist of 21 members. However, five of such members shall
 2064  consist of the following persons, who shall be nonvoting
 2065  members: the executive director secretary of the Department of
 2066  Economic Opportunity or her or his designee; the head of the
 2067  Department of Financial Services or her or his designee with
 2068  expertise in banking matters; a designee of the head of the
 2069  Department of Financial Services with expertise in insurance
 2070  matters; one state senator appointed by the President of the
 2071  Senate; and one representative appointed by the Speaker of the
 2072  House of Representatives.
 2073         Section 63. Section 420.0005, Florida Statutes, is amended
 2074  to read:
 2075         420.0005 State Housing Trust Fund; State Housing Fund.
 2076  There is hereby established in the State Treasury a separate
 2077  trust fund to be named the “State Housing Trust Fund.” There
 2078  shall be deposited in the fund all moneys appropriated by the
 2079  Legislature, or moneys received from any other source, for the
 2080  purpose of this chapter, and all proceeds derived from the use
 2081  of such moneys. The fund shall be administered by the Florida
 2082  Housing Finance Corporation on behalf of the department, as
 2083  specified in this chapter. Money deposited to the fund and
 2084  appropriated by the Legislature must, notwithstanding the
 2085  provisions of chapter 216 or s. 420.504(3), be transferred
 2086  quarterly in advance, to the extent available, or, if not so
 2087  available, as soon as received into the State Housing Trust
 2088  Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
 2089  by the Chief Financial Officer to the corporation upon
 2090  certification by the executive director of the Department of
 2091  Economic Opportunity that the corporation is in compliance with
 2092  the requirements of s. 420.0006. The certification made by the
 2093  executive director secretary shall also include the split of
 2094  funds among programs administered by the corporation and the
 2095  department as specified in chapter 92-317, Laws of Florida, as
 2096  amended. Moneys advanced by the Chief Financial Officer must be
 2097  deposited by the corporation into a separate fund established
 2098  with a qualified public depository meeting the requirements of
 2099  chapter 280 to be named the “State Housing Fund” and used for
 2100  the purposes of this chapter. Administrative and personnel costs
 2101  incurred in implementing this chapter may be paid from the State
 2102  Housing Fund, but such costs may not exceed 5 percent of the
 2103  moneys deposited into such fund. To the State Housing Fund shall
 2104  be credited all loan repayments, penalties, and other fees and
 2105  charges accruing to such fund under this chapter. It is the
 2106  intent of this chapter that all loan repayments, penalties, and
 2107  other fees and charges collected be credited in full to the
 2108  program account from which the loan originated. Moneys in the
 2109  State Housing Fund which are not currently needed for the
 2110  purposes of this chapter shall be invested in such manner as is
 2111  provided for by statute. The interest received on any such
 2112  investment shall be credited to the State Housing Fund.
 2113         Section 64. Section 420.0006, Florida Statutes, is amended
 2114  to read:
 2115         420.0006 Authority to contract with corporation; contract
 2116  requirements; nonperformance.—The executive director secretary
 2117  of the department shall contract, notwithstanding the provisions
 2118  of part I of chapter 287, with the Florida Housing Finance
 2119  Corporation on a multiyear basis to stimulate, provide, and
 2120  foster affordable housing in the state. The contract must
 2121  incorporate the performance measures required by s. 420.511 and
 2122  must be consistent with the provisions of the corporation’s
 2123  strategic plan prepared in accordance with s. 420.511. The
 2124  contract must provide that, in the event the corporation fails
 2125  to comply with any of the performance measures required by s.
 2126  420.511, the executive director secretary shall notify the
 2127  Governor and shall refer the nonperformance to the department’s
 2128  inspector general for review and determination as to whether
 2129  such failure is due to forces beyond the corporation’s control
 2130  or whether such failure is due to inadequate management of the
 2131  corporation’s resources. Advances shall continue to be made
 2132  pursuant to s. 420.0005 during the pendency of the review by the
 2133  department’s inspector general. If such failure is due to
 2134  outside forces, it shall not be deemed a violation of the
 2135  contract. If such failure is due to inadequate management, the
 2136  department’s inspector general shall provide recommendations
 2137  regarding solutions. The Governor is authorized to resolve any
 2138  differences of opinion with respect to performance under the
 2139  contract and may request that advances continue in the event of
 2140  a failure under the contract due to inadequate management. The
 2141  Chief Financial Officer shall approve the request absent a
 2142  finding by the Chief Financial Officer that continuing such
 2143  advances would adversely impact the state; however, in any event
 2144  the Chief Financial Officer shall provide advances sufficient to
 2145  meet the debt service requirements of the corporation and
 2146  sufficient to fund contracts committing funds from the State
 2147  Housing Trust Fund so long as such contracts are in accordance
 2148  with the laws of this state.
 2149         Section 65. Subsection (26) of section 443.036, Florida
 2150  Statutes, is amended to read:
 2151         443.036 Definitions.—As used in this chapter, the term:
 2152         (26) “Initial skills review” means an online education or
 2153  training program, such as that established under s. 1004.99,
 2154  which that is approved by the Department of Economic Opportunity
 2155  Agency for Workforce Innovation and designed to measure an
 2156  individual’s mastery level of workplace skills.
 2157         Section 66. Paragraphs (c) and (d) of subsection (1) of
 2158  section 443.091, Florida Statutes, are amended to read:
 2159         443.091 Benefit eligibility conditions.—
 2160         (1) An unemployed individual is eligible to receive
 2161  benefits for any week only if the Department of Economic
 2162  Opportunity finds that:
 2163         (c) To make continued claims for benefits, she or he is
 2164  reporting to the department in accordance with this paragraph
 2165  and department agency rules, and participating in an initial
 2166  skills review as directed by the department agency. Department
 2167  Agency rules may not conflict with s. 443.111(1)(b), which
 2168  requires that each claimant continue to report regardless of any
 2169  pending appeal relating to her or his eligibility or
 2170  disqualification for benefits.
 2171         1. For each week of unemployment claimed, each report must,
 2172  at a minimum, include the name, address, and telephone number of
 2173  each prospective employer contacted, or the date the claimant
 2174  reported to a one-stop career center, pursuant to paragraph (d).
 2175         2. The administrator or operator of the initial skills
 2176  review shall notify the department agency when the individual
 2177  completes the initial skills review and report the results of
 2178  the review to the regional workforce board or the one-stop
 2179  career center as directed by the workforce board. The workforce
 2180  board shall use the initial skills review to develop a plan for
 2181  referring individuals to training and employment opportunities.
 2182  The failure of the individual to comply with this requirement
 2183  will result in the individual being determined ineligible for
 2184  benefits for the week in which the noncompliance occurred and
 2185  for any subsequent week of unemployment until the requirement is
 2186  satisfied. However, this requirement does not apply if the
 2187  individual is able to affirmatively attest to being unable to
 2188  complete such review due to illiteracy or a language impediment.
 2189         (d) She or he is able to work and is available for work. In
 2190  order to assess eligibility for a claimed week of unemployment,
 2191  the department shall develop criteria to determine a claimant’s
 2192  ability to work and availability for work. A claimant must be
 2193  actively seeking work in order to be considered available for
 2194  work. This means engaging in systematic and sustained efforts to
 2195  find work, including contacting at least five prospective
 2196  employers for each week of unemployment claimed. The department
 2197  agency may require the claimant to provide proof of such efforts
 2198  to the one-stop career center as part of reemployment services.
 2199  The department agency shall conduct random reviews of work
 2200  search information provided by claimants. As an alternative to
 2201  contacting at least five prospective employers for any week of
 2202  unemployment claimed, a claimant may, for that same week, report
 2203  in person to a one-stop career center to meet with a
 2204  representative of the center and access reemployment services of
 2205  the center. The center shall keep a record of the services or
 2206  information provided to the claimant and shall provide the
 2207  records to the department agency upon request by the department
 2208  agency. However:
 2209         1. Notwithstanding any other provision of this paragraph or
 2210  paragraphs (b) and (e), an otherwise eligible individual may not
 2211  be denied benefits for any week because she or he is in training
 2212  with the approval of the department, or by reason of s.
 2213  443.101(2) relating to failure to apply for, or refusal to
 2214  accept, suitable work. Training may be approved by the
 2215  department in accordance with criteria prescribed by rule. A
 2216  claimant’s eligibility during approved training is contingent
 2217  upon satisfying eligibility conditions prescribed by rule.
 2218         2. Notwithstanding any other provision of this chapter, an
 2219  otherwise eligible individual who is in training approved under
 2220  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
 2221  determined ineligible or disqualified for benefits due to
 2222  enrollment in such training or because of leaving work that is
 2223  not suitable employment to enter such training. As used in this
 2224  subparagraph, the term “suitable employment” means work of a
 2225  substantially equal or higher skill level than the worker’s past
 2226  adversely affected employment, as defined for purposes of the
 2227  Trade Act of 1974, as amended, the wages for which are at least
 2228  80 percent of the worker’s average weekly wage as determined for
 2229  purposes of the Trade Act of 1974, as amended.
 2230         3. Notwithstanding any other provision of this section, an
 2231  otherwise eligible individual may not be denied benefits for any
 2232  week because she or he is before any state or federal court
 2233  pursuant to a lawfully issued summons to appear for jury duty.
 2234         Section 67. Paragraph (a) of subsection (5) of section
 2235  443.111, Florida Statutes, is amended to read:
 2236         443.111 Payment of benefits.—
 2237         (5) DURATION OF BENEFITS.—
 2238         (a) As used in this section, the term “Florida average
 2239  unemployment rate” means the average of the 3 months for the
 2240  most recent third calendar year quarter of the seasonally
 2241  adjusted statewide unemployment rates as published by the
 2242  Department of Economic Opportunity Agency for Workforce
 2243  Innovation.
 2244         Section 68. Paragraph (b) of subsection (1) of section
 2245  443.141, Florida Statutes, is amended to read:
 2246         443.141 Collection of contributions and reimbursements.—
 2247         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
 2248  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
 2249         (b) Penalty for delinquent, erroneous, incomplete, or
 2250  insufficient reports.—
 2251         1. An employing unit that fails to file any report required
 2252  by the Department of Economic Opportunity or its tax collection
 2253  service provider, in accordance with rules for administering
 2254  this chapter, shall pay to the service provider for each
 2255  delinquent report the sum of $25 for each 30 days or fraction
 2256  thereof that the employing unit is delinquent, unless the
 2257  department agency or its service provider, whichever required
 2258  the report, finds that the employing unit has good reason for
 2259  failing to file the report. The department or its service
 2260  provider may assess penalties only through the date of the
 2261  issuance of the final assessment notice. However, additional
 2262  penalties accrue if the delinquent report is subsequently filed.
 2263         2.a. An employing unit that files an erroneous, incomplete,
 2264  or insufficient report with the department or its tax collection
 2265  service provider shall pay a penalty. The amount of the penalty
 2266  is $50 or 10 percent of any tax due, whichever is greater, but
 2267  no more than $300 per report. The penalty shall be added to any
 2268  tax, penalty, or interest otherwise due.
 2269         b. The department or its tax collection service provider
 2270  shall waive the penalty if the employing unit files an accurate,
 2271  complete, and sufficient report within 30 days after a penalty
 2272  notice is issued to the employing unit. The penalty may not be
 2273  waived pursuant to this subparagraph more than one time during a
 2274  12-month period.
 2275         c. As used in this subsection, the term “erroneous,
 2276  incomplete, or insufficient report” means a report so lacking in
 2277  information, completeness, or arrangement that the report cannot
 2278  be readily understood, verified, or reviewed. Such reports
 2279  include, but are not limited to, reports having missing wage or
 2280  employee information, missing or incorrect social security
 2281  numbers, or illegible entries; reports submitted in a format
 2282  that is not approved by the department or its tax collection
 2283  service provider; and reports showing gross wages that do not
 2284  equal the total of the wages of each employee. However, the term
 2285  does not include a report that merely contains inaccurate data
 2286  that was supplied to the employer by the employee, if the
 2287  employer was unaware of the inaccuracy.
 2288         3. Penalties imposed pursuant to this paragraph shall be
 2289  deposited in the Special Employment Security Administration
 2290  Trust Fund.
 2291         4. The penalty and interest for a delinquent, erroneous,
 2292  incomplete, or insufficient report may be waived if the penalty
 2293  or interest is inequitable. The provisions of s. 213.24(1) apply
 2294  to any penalty or interest that is imposed under this section.
 2295         Section 69. Paragraph (b) of subsection (2) of section
 2296  443.1715, Florida Statutes, is amended to read:
 2297         443.1715 Disclosure of information; confidentiality.—
 2298         (2) DISCLOSURE OF INFORMATION.—
 2299         (b) The employer or the employer’s workers’ compensation
 2300  carrier against whom a claim for benefits under chapter 440 has
 2301  been made, or a representative of either, may request from the
 2302  department records of wages of the employee reported to the
 2303  department by any employer for the quarter that includes the
 2304  date of the accident that is the subject of such claim and for
 2305  subsequent quarters.
 2306         1. The request must be made with the authorization or
 2307  consent of the employee or any employer who paid wages to the
 2308  employee after the date of the accident.
 2309         2. The employer or carrier shall make the request on a form
 2310  prescribed by rule for such purpose by the department agency.
 2311  Such form shall contain a certification by the requesting party
 2312  that it is a party entitled to the information requested.
 2313         3. The department shall provide the most current
 2314  information readily available within 15 days after receiving the
 2315  request.
 2316         Section 70. Subsections (1), (2), (4), (5), (6), and (7) of
 2317  section 443.17161, Florida Statutes, are amended to read:
 2318         443.17161 Authorized electronic access to employer
 2319  information.—
 2320         (1) Notwithstanding any other provision of this chapter,
 2321  the Department of Economic Opportunity Agency for Workforce
 2322  Innovation shall contract with one or more consumer reporting
 2323  agencies to provide users with secured electronic access to
 2324  employer-provided information relating to the quarterly wages
 2325  report submitted in accordance with the state’s unemployment
 2326  compensation law. The access is limited to the wage reports for
 2327  the appropriate amount of time for the purpose the information
 2328  is requested.
 2329         (2) Users must obtain consent in writing or by electronic
 2330  signature from an applicant for credit, employment, or other
 2331  permitted purposes. Any written or electronic signature consent
 2332  from an applicant must be signed and must include the following:
 2333         (a) Specific notice that information concerning the
 2334  applicant’s wage and employment history will be released to a
 2335  consumer reporting agency;
 2336         (b) Notice that the release is made for the sole purpose of
 2337  reviewing the specific application for credit, employment, or
 2338  other permitted purpose made by the applicant;
 2339         (c) Notice that the files of the Department of Economic
 2340  Opportunity Agency for Workforce Innovation or its tax
 2341  collection service provider containing information concerning
 2342  wage and employment history which is submitted by the applicant
 2343  or his or her employers may be accessed; and
 2344         (d) A listing of the parties authorized to receive the
 2345  released information.
 2346         (4) If a consumer reporting agency or user violates this
 2347  section, the Department of Economic Opportunity Agency for
 2348  Workforce Innovation shall, upon 30 days’ written notice to the
 2349  consumer reporting agency, terminate the contract established
 2350  between the Department of Economic Opportunity Agency for
 2351  Workforce Innovation and the consumer reporting agency or
 2352  require the consumer reporting agency to terminate the contract
 2353  established between the consumer reporting agency and the user
 2354  under this section.
 2355         (5) The Department of Economic Opportunity Agency for
 2356  Workforce Innovation shall establish minimum audit, security,
 2357  net worth, and liability insurance standards, technical
 2358  requirements, and any other terms and conditions considered
 2359  necessary in the discretion of the state agency to safeguard the
 2360  confidentiality of the information released under this section
 2361  and to otherwise serve the public interest. The Department of
 2362  Economic Opportunity Agency for Workforce Innovation shall also
 2363  include, in coordination with any necessary state agencies,
 2364  necessary audit procedures to ensure that these rules are
 2365  followed.
 2366         (6) In contracting with one or more consumer reporting
 2367  agencies under this section, any revenues generated by the
 2368  contract must be used to pay the entire cost of providing access
 2369  to the information. Further, in accordance with federal
 2370  regulations, any additional revenues generated by the Department
 2371  of Economic Opportunity Agency for Workforce Innovation or the
 2372  state under this section must be paid into the Administrative
 2373  Trust Fund of the Department of Economic Opportunity Agency for
 2374  Workforce Innovation for the administration of the unemployment
 2375  compensation system or be used as program income.
 2376         (7) The Department of Economic Opportunity Agency for
 2377  Workforce Innovation may not provide wage and employment history
 2378  information to any consumer reporting agency before the consumer
 2379  reporting agency or agencies under contract with the Department
 2380  of Economic Opportunity Agency for Workforce Innovation pay all
 2381  development and other startup costs incurred by the state in
 2382  connection with the design, installation, and administration of
 2383  technological systems and procedures for the electronic access
 2384  program.
 2385         Section 71. Subsection (2) of section 446.50, Florida
 2386  Statutes, is amended to read:
 2387         446.50 Displaced homemakers; multiservice programs; report
 2388  to the Legislature; Displaced Homemaker Trust Fund created.—
 2389         (2) DEFINITION.—For the purposes of this section, the term
 2390  “displaced homemaker” means an individual who:
 2391         (a) Is 35 years of age or older;
 2392         (b) Has worked in the home, providing unpaid household
 2393  services for family members;
 2394         (c) Is not adequately employed, as defined by rule of the
 2395  department agency;
 2396         (d) Has had, or would have, difficulty in securing adequate
 2397  employment; and
 2398         (e) Has been dependent on the income of another family
 2399  member but is no longer supported by such income, or has been
 2400  dependent on federal assistance.
 2401         Section 72. Section 450.261, Florida Statutes, is amended
 2402  to read:
 2403         450.261 Interstate Migrant Labor Commission; Florida
 2404  membership.—In selecting the Florida membership of the
 2405  Interstate Migrant Labor Commission, the Governor may designate
 2406  the executive director secretary of the Department of Economic
 2407  Opportunity as his or her representative.
 2408         Section 73. Paragraph (c) of subsection (7) of section
 2409  509.032, Florida Statutes, is amended to read:
 2410         509.032 Duties.—
 2411         (7) PREEMPTION AUTHORITY.—
 2412         (c) Paragraph (b) does not apply to any local law,
 2413  ordinance, or regulation exclusively relating to property
 2414  valuation as a criterion for vacation rental if the local law,
 2415  ordinance, or regulation is required to be approved by the state
 2416  land planning agency Department of Community Affairs pursuant to
 2417  an area of critical state concern designation.
 2418         Section 74. Subsection (3) of section 624.5105, Florida
 2419  Statutes, is amended to read:
 2420         624.5105 Community contribution tax credit; authorization;
 2421  limitations; eligibility and application requirements;
 2422  administration; definitions; expiration.—
 2423         (3) APPLICATION REQUIREMENTS.—
 2424         (a) Any eligible sponsor wishing to participate in this
 2425  program must submit a proposal to the Department of Economic
 2426  Opportunity Office of Tourism, Trade, and Economic Development
 2427  which sets forth the sponsor, the project, the area in which the
 2428  project is located, and such supporting information as may be
 2429  prescribed by rule. The proposal shall also contain a resolution
 2430  from the local governmental unit in which the proposed project
 2431  is located certifying that the project is consistent with local
 2432  plans and regulations.
 2433         (b)1. Any insurer wishing to participate in this program
 2434  must submit an application for tax credit to the Department of
 2435  Economic Opportunity office which sets forth the sponsor; the
 2436  project; and the type, value, and purpose of the contribution.
 2437  The sponsor must verify, in writing, the terms of the
 2438  application and indicate its willingness to receive the
 2439  contribution, which verification must accompany the application
 2440  for tax credit.
 2441         2. The insurer must submit a separate application for tax
 2442  credit for each individual contribution which it proposes to
 2443  contribute to each individual project.
 2444         Section 75. Subsection (4) of section 1002.75, Florida
 2445  Statutes, is amended to read:
 2446         1002.75 Office of Early Learning; powers and duties;
 2447  operational requirements.—
 2448         (4) The Office of Early Learning shall also adopt
 2449  procedures for the agency’s distribution of funds to early
 2450  learning coalitions under s. 1002.71.
 2451         Section 76. Subsection (2) of section 1002.79, Florida
 2452  Statutes, is amended to read:
 2453         1002.79 Rulemaking authority.—
 2454         (2) The Office of Early Learning shall adopt rules under
 2455  ss. 120.536(1) and 120.54 to administer the provisions of this
 2456  part conferring duties upon the office agency.
 2457         Section 77. Paragraph (a) of subsection (1) of section
 2458  259.035, Florida Statutes, is amended to read:
 2459         259.035 Acquisition and Restoration Council.—
 2460         (1) There is created the Acquisition and Restoration
 2461  Council.
 2462         (a) The council shall be composed of 10 eleven voting
 2463  members, four of whom shall be appointed by the Governor. Of
 2464  these four appointees, three shall be from scientific
 2465  disciplines related to land, water, or environmental sciences
 2466  and the fourth shall have at least 5 years of experience in
 2467  managing lands for both active and passive types of recreation.
 2468  They shall serve 4-year terms, except that, initially, to
 2469  provide for staggered terms, two of the appointees shall serve
 2470  2-year terms. All subsequent appointments shall be for 4-year
 2471  terms. An No appointee may not shall serve more than 6 years.
 2472  The Governor may at any time fill a vacancy for the unexpired
 2473  term of a member appointed under this paragraph.
 2474         Section 78. Subsection (2) of section 288.12265, Florida
 2475  Statutes, is amended to read:
 2476         288.12265 Welcome centers.—
 2477         (2) Enterprise Florida, Inc., shall administer and operate
 2478  the welcome centers. Pursuant to a contract with the Department
 2479  of Transportation, Enterprise Florida, Inc., shall be
 2480  responsible for routine repair, replacement, or improvement and
 2481  the day-to-day management of interior areas occupied by the
 2482  welcome centers. All other repairs, replacements, or
 2483  improvements to the welcome centers shall be the responsibility
 2484  of the Department of Transportation. Enterprise Florida, Inc.,
 2485  may contract with the Florida Tourism Industry Marketing
 2486  Corporation for the management and operation of the welcome
 2487  centers.
 2488         Section 79. Paragraph (a) of subsection (5) of section
 2489  288.901, Florida Statutes, is amended to read:
 2490         288.901 Enterprise Florida, Inc.—
 2491         (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
 2492         (a) In addition to the Governor or the Governor’s designee,
 2493  the board of directors shall consist of the following appointed
 2494  members:
 2495         1. The Commissioner of Education or the commissioner’s
 2496  designee.
 2497         2. The Chief Financial Officer or his or her designee.
 2498         3. The chairperson of the board of directors of Workforce
 2499  Florida, Inc.
 2500         4. The Secretary of State or the secretary’s designee.
 2501         5. Twelve members from the private sector, six of whom
 2502  shall be appointed by the Governor, three of whom shall be
 2503  appointed by the President of the Senate, and three of whom
 2504  shall be appointed by the Speaker of the House of
 2505  Representatives. Members appointed by the Governor All
 2506  appointees are subject to Senate confirmation.
 2507         Section 80. Paragraph (d) of subsection (2) and subsection
 2508  (3) of section 288.980, Florida Statutes, are amended to read:
 2509         288.980 Military base retention; legislative intent; grants
 2510  program.—
 2511         (2)
 2512         (d) In making grant awards the department office shall
 2513  consider, at a minimum, the following factors:
 2514         1. The relative value of the particular military
 2515  installation in terms of its importance to the local and state
 2516  economy relative to other military installations vulnerable to
 2517  closure.
 2518         2. The potential job displacement within the local
 2519  community should the military installation be closed.
 2520         3. The potential adverse impact on industries and
 2521  technologies which service the military installation.
 2522         (3) The Florida Economic Reinvestment Initiative is
 2523  established to respond to the need for this state and defense
 2524  dependent communities in this state to develop alternative
 2525  economic diversification strategies to lessen reliance on
 2526  national defense dollars in the wake of base closures and
 2527  reduced federal defense expenditures and the need to formulate
 2528  specific base reuse plans and identify any specific
 2529  infrastructure needed to facilitate reuse. The initiative shall
 2530  consist of the following three two distinct grant programs to be
 2531  administered by the department:
 2532         (a) The Florida Defense Planning Grant Program, through
 2533  which funds shall be used to analyze the extent to which the
 2534  state is dependent on defense dollars and defense infrastructure
 2535  and prepare alternative economic development strategies. The
 2536  state shall work in conjunction with defense-dependent
 2537  communities in developing strategies and approaches that will
 2538  help communities make the transition from a defense economy to a
 2539  nondefense economy. Grant awards may not exceed $250,000 per
 2540  applicant and shall be available on a competitive basis.
 2541         (b) The Florida Defense Implementation Grant Program,
 2542  through which funds shall be made available to defense-dependent
 2543  communities to implement the diversification strategies
 2544  developed pursuant to paragraph (a). Eligible applicants include
 2545  defense-dependent counties and cities, and local economic
 2546  development councils located within such communities. Grant
 2547  awards may not exceed $100,000 per applicant and shall be
 2548  available on a competitive basis. Awards shall be matched on a
 2549  one-to-one basis.
 2550         (c) The Florida Military Installation Reuse Planning and
 2551  Marketing Grant Program, through which funds shall be used to
 2552  help counties, cities, and local economic development councils
 2553  develop and implement plans for the reuse of closed or realigned
 2554  military installations, including any necessary infrastructure
 2555  improvements needed to facilitate reuse and related marketing
 2556  activities.
 2557  
 2558  Applications for grants under this subsection must include a
 2559  coordinated program of work or plan of action delineating how
 2560  the eligible project will be administered and accomplished,
 2561  which must include a plan for ensuring close cooperation between
 2562  civilian and military authorities in the conduct of the funded
 2563  activities and a plan for public involvement.
 2564         Section 81. Section 331.3081, Florida Statutes, is amended
 2565  to read:
 2566         331.3081 Board of directors; advisory board.—
 2567         (1) Space Florida shall be governed by a 13­member 12
 2568  member independent board of directors that consists of the
 2569  members appointed to the board of directors of Enterprise
 2570  Florida, Inc., by the Governor, the President of the Senate, and
 2571  the Speaker of the House of Representatives pursuant to s.
 2572  288.901(5)(a)5. The Governor or the Governor’s designee shall be
 2573  an ex officio voting member and shall serve as the chair of the
 2574  board.
 2575         (2) Space Florida shall have a 15-member advisory council,
 2576  appointed by the Governor from a list of nominations submitted
 2577  by the board of directors. The advisory council shall be
 2578  composed of Florida residents with expertise in the space
 2579  industry, and each of the following areas of expertise or
 2580  experience must be represented by at least one advisory council
 2581  member: human space-flight programs, commercial launches into
 2582  space, organized labor with experience working in the aerospace
 2583  industry, aerospace-related industries, a commercial company
 2584  working under Federal Government contracts to conduct space
 2585  related business, an aerospace company whose primary client is
 2586  the United States Department of Defense, and an alternative
 2587  energy enterprise with potential for aerospace applications. The
 2588  advisory council shall elect a member to serve as the chair of
 2589  the council.
 2590         (3) The advisory council shall make recommendations to the
 2591  board of directors of Enterprise Florida, Inc., on the operation
 2592  of Space Florida, including matters pertaining to ways to
 2593  improve or enhance Florida’s efforts to expand its existing
 2594  space and aerospace industry, to improve management and use of
 2595  Florida’s state-owned real property assets related to space and
 2596  aerospace, how best to retain and, if necessary, retrain
 2597  Florida’s highly skilled space and aerospace workforce, and how
 2598  to strengthen bonds between this state, NASA, the Department of
 2599  Defense, and private space and aerospace industries.
 2600         (4) The term for an advisory council member is 4 years. A
 2601  member may not serve more than two consecutive terms. The
 2602  Governor may remove any member for cause and shall fill all
 2603  vacancies that occur.
 2604         (5) Advisory council members shall serve without
 2605  compensation but may be reimbursed for all reasonable,
 2606  necessary, and actual expenses as determined by the board of
 2607  directors of Enterprise Florida, Inc.
 2608         Section 82. Paragraph (e) is added to subsection (3) of
 2609  section 20.60, Florida Statutes, to read:
 2610         20.60 Department of Economic Opportunity; creation; powers
 2611  and duties.—
 2612         (3) The following divisions of the Department of Economic
 2613  Opportunity are established:
 2614         (e) The Division of Information Technology.
 2615         Section 83. Section 163.03, Florida Statutes, is repealed.
 2616         Section 84. Subsection (5) of section 373.461, Florida
 2617  Statutes, is amended, and present subsections (6) and (7) of
 2618  that section are renumbered as subsections (5) and (6),
 2619  respectively, to read:
 2620         373.461 Lake Apopka improvement and management.—
 2621         (5) PURCHASE OF AGRICULTURAL LANDS.—
 2622         (a) The Legislature finds that it is in the public interest
 2623  of the state to acquire lands in agricultural production, along
 2624  with their related facilities, which contribute, directly or
 2625  indirectly, to phosphorus discharges to Lake Apopka, for the
 2626  purpose of improving water quality in Lake Apopka. These lands
 2627  consist of those farming entities on Lake Apopka having consent
 2628  and settlement agreements with the district and those sand land
 2629  farms discharging indirectly to Lake Apopka through Lake Level
 2630  Canal, Apopka-Beauclair Canal, or McDonald Canal. The district
 2631  is granted the power of eminent domain on those properties.
 2632         (b) In determining the fair market value of lands to be
 2633  purchased from willing sellers, all appraisals of such lands may
 2634  consider income from the use of the property for farming and,
 2635  for this purpose, such income shall be deemed attributable to
 2636  the real estate.
 2637         (c) The district shall explore the availability of funding
 2638  from all sources, including any federal, state, regional, and
 2639  local land acquisition funding programs, to purchase the
 2640  agricultural lands described in paragraph (a). It is the
 2641  Legislature’s intent that, if such funding sources can be
 2642  identified, acquisition of the lands described in paragraph (a)
 2643  may be undertaken by the district to purchase these properties
 2644  from willing sellers. However, the purchase price paid for
 2645  acquisition of such lands that were in active cultivation during
 2646  1996 shall not exceed the highest appraisal obtained by the
 2647  district for these lands from a state-certified general
 2648  appraiser following the Uniform Standards of Professional
 2649  Appraisal Practice. This maximum purchase price limitation shall
 2650  not include, nor be applicable to, that portion of the purchase
 2651  price attributable to consideration of income described in
 2652  paragraph (b), or that portion attributable to related
 2653  facilities, or closing costs.
 2654         (d) In connection with successful acquisition of any of the
 2655  lands described in this section which are not needed for
 2656  stormwater management facilities, the district shall give the
 2657  seller the option to lease the land for a period not to exceed 5
 2658  years, at a fair market lease value for similar agricultural
 2659  lands. Proceeds derived from such leases shall be used to offset
 2660  the cost of acquiring the land.
 2661         (e) If all the lands within Zellwood are purchased in
 2662  accordance with this section prior to expiration of the consent
 2663  agreement between Zellwood and the district, Zellwood shall be
 2664  reimbursed for any costs described in subsection (4).
 2665         (f)1. Tangible personal property acquired by the district
 2666  as part of related facilities pursuant to this section, and
 2667  classified as surplus by the district, shall be sold by the
 2668  Department of Management Services. The Department of Management
 2669  Services shall deposit the proceeds of such sale in the Economic
 2670  Development Trust Fund in the Executive Office of the Governor.
 2671  The proceeds shall be used for the purpose of providing economic
 2672  and infrastructure development in portions of northwestern
 2673  Orange County and east central Lake County which will be
 2674  adversely affected economically due to the acquisition of lands
 2675  pursuant to this subsection.
 2676         2. The Office of Tourism, Trade, and Economic Development
 2677  shall, upon presentation of the appropriate documentation
 2678  justifying expenditure of the funds deposited pursuant to this
 2679  paragraph, pay any obligation for which it has sufficient funds
 2680  from the proceeds of the sale of tangible personal property and
 2681  which meets the limitations specified in paragraph (g). The
 2682  authority of the Office of Tourism, Trade, and Economic
 2683  Development to expend such funds shall expire 5 years from the
 2684  effective date of this paragraph. Such expenditures may occur
 2685  without future appropriation from the Legislature.
 2686         3. Funds deposited under this paragraph may not be used for
 2687  any purpose other than those enumerated in paragraph (g).
 2688         (g)1. The proceeds of sale of tangible personal property
 2689  authorized by paragraph (f) shall be distributed as follows: 60
 2690  percent to Orange County; 25 percent to the City of Apopka; and
 2691  15 percent to Lake County.
 2692         2. Such proceeds shall be used to implement the
 2693  redevelopment plans adopted by the Orange County Board of County
 2694  Commissioners, Apopka City Commission, and Lake County Board of
 2695  County Commissioners.
 2696         3. Of the total proceeds, the Orange County Board of County
 2697  Commissioners, Apopka City Commission, and Lake County Board of
 2698  County Commissioners, may not expend more than:
 2699         a. Twenty percent for labor force training related to the
 2700  redevelopment plan;
 2701         b. Thirty-three percent for financial or economic
 2702  incentives for business location or expansion in the
 2703  redevelopment area; and
 2704         c. Four percent for administration, planning, and marketing
 2705  the redevelopment plan.
 2706         4. The Orange County Board of County Commissioners, Apopka
 2707  City Commission, and Lake County Board of County Commissioners
 2708  must spend those revenues not expended under subparagraph 3. for
 2709  infrastructure needs necessary for the redevelopment plan.
 2710         Section 85. Section 379.2353, Florida Statutes, is
 2711  repealed.
 2712         Section 86. This act shall take effect upon becoming a law.