Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7024
       
       
       
       FOR CONSIDERATION By the Committee on Commerce and Tourism
       
       
       
       
       577-00918B-12                                         20127024__
    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         259.035, F.S.; correcting a reference to the number of
   24         members of the Acquisition and Restoration Council;
   25         amending s. 288.12265, F.S.; authorizing Enterprise
   26         Florida, Inc., to contract with the Florida Tourism
   27         Industry Marketing Corporation for management and
   28         operation of welcome centers; amending s. 288.901,
   29         F.S.; limiting the requirement that members of the
   30         board of directors of Enterprise Florida, Inc., be
   31         confirmed by the Senate to those members who are
   32         appointed by the Governor; amending s. 288.980, F.S.;
   33         changing a reference to the Office of Tourism, Trade,
   34         and Economic Development to the Department of Economic
   35         Opportunity; correcting the number of grant programs
   36         relating to Florida Economic Reinvestment Initiative;
   37         amending s. 331.3081, F.S.; adding the Governor or the
   38         Lieutenant Governor as the Governor’s designee as a
   39         member and chair of the board of directors of Space
   40         Florida; providing for the advisory council to make
   41         recommendations to the board of directors of Space
   42         Florida; providing for members of the advisory council
   43         to be reimbursed for expenses as determined by the
   44         board of directors of Space Florida; repealing s.
   45         163.03, F.S., relating to the powers and duties of the
   46         Secretary of Community Affairs and functions of
   47         Department of Community Affairs with respect to
   48         federal grant-in-aid programs; repealing s. 373.461,
   49         F.S., relating to the purchase of land for the
   50         restoration of the Lake Apopka Basin; repealing s.
   51         379.2353, F.S., relating to the designation of
   52         enterprise zones in communities suffering adverse
   53         impacts from the adoption of the constitutional
   54         amendment limiting the use of nets to harvest marine
   55         species; providing an effective date.
   56  
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Subsection (1) of section 68.096, Florida
   60  Statutes, is amended to read:
   61         68.096 Definitions.—For purposes of this act:
   62         (1) “Department” means the Department of Legal Community
   63  Affairs.
   64         Section 2. Section 68.105, Florida Statutes, is amended to
   65  read:
   66         68.105 Use of funds; reports.—All appropriations made for
   67  the purposes of the Florida Access to Civil Legal Assistance
   68  this Act shall only be used only for legal education or
   69  assistance in family law, juvenile law, entitlement to federal
   70  benefits, protection from domestic violence, elder abuse, child
   71  abuse, or immigration law. These funds may shall not be used in
   72  criminal or postconviction relief matters;, for lobbying
   73  activities;, to sue the state, its agencies or political
   74  subdivisions, or colleges or universities;, for class action
   75  lawsuits, to provide legal assistance with respect to
   76  noncriminal infractions pursuant to chapter 316, chapter 318,
   77  chapter 320, or chapter 322;, to contest regulatory decisions of
   78  any municipal, county, or state administrative or legislative
   79  body;, or to file or assist in the filing of private causes of
   80  action under federal or state statutes relating to or arising
   81  out of employment or terms or conditions of employment. The
   82  contracting organization shall require pilot projects to provide
   83  data on the number of clients served, the types of cases, the
   84  reasons the cases were closed, and the state dollars saved and
   85  federal dollars brought into the state because of the legal
   86  services provided. The contracting organization shall provide to
   87  the department of Community Affairs, within 60 days after
   88  completing of the completion of the contract, a report on the
   89  legal services provided, the state dollars saved, and the
   90  federal dollars brought into the state.
   91         Section 3. Subsection (1) of section 159.81, Florida
   92  Statutes, is amended to read:
   93         159.81 Unused allocations; carryforwards.—
   94         (1) The division shall, when requested, provide
   95  carryforwards pursuant to s. 146(f) of the Code for written
   96  confirmations for priority projects which qualify for a
   97  carryforward pursuant to s. 146(f) of the Code, if such request
   98  is accompanied by an opinion of bond counsel to that effect. In
   99  addition, in the case of Florida First Business projects, the
  100  division shall, when requested, grant requests for carryforward
  101  only after receipt of a certification from the Department of
  102  Economic Opportunity Office of Tourism, Trade, and Economic
  103  Development that the project has been approved by the such
  104  department office to receive carryforward.
  105         Section 4. Paragraph (b) of subsection (6) of section
  106  163.2517, Florida Statutes, is amended to read:
  107         163.2517 Designation of urban infill and redevelopment
  108  area.—
  109         (6)
  110         (b) If the local government fails to implement the urban
  111  infill and redevelopment plan in accordance with the deadlines
  112  set forth in the plan, the state land planning agency Department
  113  of Community Affairs may seek to rescind the economic and
  114  regulatory incentives granted to the urban infill and
  115  redevelopment area, subject to the provisions of chapter 120.
  116  The action to rescind may be initiated 90 days after issuing a
  117  written letter of warning to the local government.
  118         Section 5. Subsection (3) of section 163.3178, Florida
  119  Statutes, is amended to read:
  120         163.3178 Coastal management.—
  121         (3) Expansions to port harbors, spoil disposal sites,
  122  navigation channels, turning basins, harbor berths, and other
  123  related inwater harbor facilities of ports listed in s.
  124  403.021(9); port transportation facilities and projects listed
  125  in s. 311.07(3)(b); intermodal transportation facilities
  126  identified pursuant to s. 311.09(3); and facilities determined
  127  by the state land planning agency Department of Community
  128  Affairs and applicable general-purpose local government to be
  129  port-related industrial or commercial projects located within 3
  130  miles of or in a port master plan area which rely upon the use
  131  of port and intermodal transportation facilities may shall not
  132  be designated as developments of regional impact if such
  133  expansions, projects, or facilities are consistent with
  134  comprehensive master plans that are in compliance with this
  135  section.
  136         Section 6. Subsection (3) of section 163.3191, Florida
  137  Statutes, is amended to read:
  138         163.3191 Evaluation and appraisal of comprehensive plan.—
  139         (3) Local governments are encouraged to comprehensively
  140  evaluate and, as necessary, update comprehensive plans to
  141  reflect changes in local conditions. Plan amendments transmitted
  142  pursuant to this section shall be reviewed pursuant to in
  143  accordance with s. 163.3184(4).
  144         Section 7. Section 163.3204, Florida Statutes, is amended
  145  to read:
  146         163.3204 Cooperation by state and regional agencies.—The
  147  state land planning agency Department of Community Affairs and
  148  any ad hoc working groups appointed by the department and all
  149  state and regional agencies involved in the administration and
  150  implementation of the Community Planning this Act shall
  151  cooperate and work with units of local government in the
  152  preparation and adoption of comprehensive plans, or elements or
  153  portions thereof, and of local land development regulations.
  154         Section 8. Subsection (14) of section 163.3221, Florida
  155  Statutes, is amended to read:
  156         163.3221 Florida Local Government Development Agreement
  157  Act; definitions.—As used in ss. 163.3220-163.3243:
  158         (14) “State land planning agency” means the Department of
  159  Economic Opportunity Community Affairs.
  160         Section 9. Subsection (1) of section 163.3246, Florida
  161  Statutes, is amended to read:
  162         163.3246 Local government comprehensive planning
  163  certification program.—
  164         (1) There is created the Local Government Comprehensive
  165  Planning Certification Program to be administered by the state
  166  land planning agency Department of Community Affairs. The
  167  purpose of the program is to create a certification process for
  168  local governments who identify a geographic area for
  169  certification within which they commit to directing growth and
  170  who, because of a demonstrated record of effectively adopting,
  171  implementing, and enforcing its comprehensive plan, the level of
  172  technical planning experience exhibited by the local government,
  173  and a commitment to implement exemplary planning practices,
  174  require less state and regional oversight of the comprehensive
  175  plan amendment process. The purpose of the certification area is
  176  to designate areas that are contiguous, compact, and appropriate
  177  for urban growth and development within a 10-year planning
  178  timeframe. Municipalities and counties are encouraged to jointly
  179  establish the certification area, and subsequently enter into
  180  joint certification agreement with the department.
  181         Section 10. Paragraphs (a) and (b) of subsection (5) of
  182  section 163.3247, Florida Statutes, are amended to read:
  183         163.3247 Century Commission for a Sustainable Florida.—
  184         (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.—
  185         (a) The executive director of the state land planning
  186  agency Secretary of Community Affairs shall select an executive
  187  director of the commission, and the executive director of the
  188  commission shall serve at the pleasure of the executive director
  189  of the state land planning agency secretary under the
  190  supervision and control of the commission.
  191         (b) The state land planning agency Department of Community
  192  Affairs shall provide staff and other resources necessary to
  193  accomplish the goals of the commission based upon
  194  recommendations of the Governor.
  195         Section 11. Paragraph (c) of subsection (2) of section
  196  163.336, Florida Statutes, is amended to read:
  197         163.336 Coastal resort area redevelopment pilot project.—
  198         (2) PILOT PROJECT ADMINISTRATION.—
  199         (c) The Office of the Governor, the Department of
  200  Environmental Protection, and the Department of Economic
  201  Opportunity Community Affairs are directed to provide technical
  202  assistance to expedite permitting for redevelopment projects and
  203  construction activities within the pilot project areas
  204  consistent with the principles, processes, and timeframes
  205  provided in s. 403.973.
  206         Section 12. Section 163.458, Florida Statutes, is amended
  207  to read:
  208         163.458 Three-tiered plan.—The Department of Economic
  209  Opportunity may Community Affairs is authorized to award core
  210  administrative and operating grants. Administrative and
  211  operating grants shall be used for staff salaries and
  212  administrative expenses for eligible community-based development
  213  organizations selected through a competitive three-tiered
  214  process for the purpose of housing and economic development
  215  projects. The department shall adopt by rule a set of criteria
  216  for three-tiered funding which that shall ensure equitable
  217  geographic distribution of the funding throughout the state.
  218  This three-tiered plan shall include emerging, intermediate, and
  219  mature community-based development organizations recognizing the
  220  varying needs of the three tiers. Funding shall be provided for
  221  core administrative and operating grants for all levels of
  222  community-based development organizations. Priority shall be
  223  given to those organizations that demonstrate community-based
  224  productivity and high performance as evidenced by past projects
  225  developed with stakeholder input that have responded to
  226  neighborhood needs, and have current projects located in high
  227  poverty neighborhoods, and to emerging community-based
  228  development corporations that demonstrate a positive need
  229  identified by stakeholders. Persons, equipment, supplies, and
  230  other resources funded in whole or in part by grant funds shall
  231  be used utilized to further the purposes of the Community-Based
  232  Development Organization Assistance this Act, and may be used
  233  utilized to further the goals and objectives of the Front Porch
  234  Florida Initiative. Each community-based development
  235  organization is shall be eligible to apply for a grant of up to
  236  $50,000 per year for a period of 5 years.
  237         Section 13. Section 163.460, Florida Statutes, is amended
  238  to read:
  239         163.460 Application requirements.—A community-based
  240  development organization applying for a core administrative and
  241  operating grant pursuant to the Community-Based Development
  242  Organization Assistance this Act must submit a proposal to the
  243  Department of Economic Opportunity which Community Affairs that
  244  includes:
  245         (1) A map and narrative description of the service areas
  246  for the community-based development organization.
  247         (2) A copy of the documents creating the community-based
  248  development organization.
  249         (3) A listing of the membership of the board of the
  250  community-based development organization, including individual
  251  members’ terms of office and the number of low-income residents
  252  on the board.
  253         (4) The organization’s annual revitalization plan that
  254  describes the expenditure of the funds, including goals,
  255  objectives, and expected results, and has a clear relationship
  256  to the local municipality’s comprehensive plan.
  257         (5) Other supporting information that may be required by
  258  the Department of Economic Opportunity Community Affairs to
  259  determine the organization’s capacity and productivity.
  260         (6) A description of the location, financing plan, and
  261  potential impact of the business enterprises on residential,
  262  commercial, or industrial development, which that shows a clear
  263  relationship to the organization’s annual revitalization plan
  264  and demonstrates how the proposed expenditures are directly
  265  related to the scope of work for the proposed projects in the
  266  annual revitalization plan.
  267         Section 14. Section 163.461, Florida Statutes, is amended
  268  to read:
  269         163.461 Reporting and evaluation requirements.—Community
  270  based development organizations that receive funds under the
  271  Community-Based Development Organization Assistance this Act
  272  shall provide the following information to the Department of
  273  Economic Opportunity Community Affairs annually:
  274         (1) A listing of business firms and individuals assisted by
  275  the community-based development organization during the
  276  reporting period.
  277         (2) A listing of the type, source, purpose, and amount of
  278  each individual grant, loan, or donation received by the
  279  community-based development organization during the reporting
  280  period.
  281         (3) The number of paid and voluntary positions within the
  282  community-based development organization.
  283         (4) A listing of the salaries and administrative and
  284  operating expenses of the community-based development
  285  organization.
  286         (5) An identification and explanation of changes in the
  287  boundaries of the target area.
  288         (6) The amount of earned income from projects, programs,
  289  and development activities.
  290         (7) The number and description of projects in
  291  predevelopment phase, projects under construction, ongoing
  292  service programs, construction projects completed, and projects
  293  at sell-out or lease-up and property management phase, and a
  294  written explanation of the reasons that caused any projects not
  295  to be completed for the projected development phase.
  296         (8) The impact of the projects, as a result of receiving
  297  funding under this act, on residents in the target area, and the
  298  relationship of this impact to expected outcomes listed in the
  299  organization’s annual revitalization plan.
  300         (9) The number of housing units rehabilitated or
  301  constructed at various stages of development, predevelopment
  302  phase, construction phase, completion and sell-out or lease-up
  303  phase, and condominium or property management phase by the
  304  community-based development organization within the service area
  305  during the reporting period.
  306         (10) The number of housing units, number of projects, and
  307  number of persons served by prior projects developed by the
  308  organization, the amounts of project financing leverage with
  309  state funds for each prior and current project, and the
  310  incremental amounts of local and state real estate tax and sales
  311  tax revenue generated directly by the projects and programs
  312  annually.
  313         (11) The number of jobs, both permanent and temporary,
  314  received by individuals who were directly assisted by the
  315  community-based development organization through assistance to
  316  the business such as a loan or other credit assistance.
  317         (12) An identification and explanation of changes in the
  318  boundaries of the service area.
  319         (13) The impact of completed projects on residents in the
  320  target area and the relationship of this impact to expected
  321  outcomes listed in the organization’s annual revitalization
  322  plan.
  323         (14) Such other information as the Department of Economic
  324  Opportunity Community Affairs requires.
  325         Section 15. Section 163.462, Florida Statutes, is amended
  326  to read:
  327         163.462 Rulemaking authority.—The Department of Economic
  328  Opportunity Community Affairs shall adopt rules for the
  329  administration of the Community-Based Development Organization
  330  Assistance this Act.
  331         Section 16. Subsection (1) of section 163.5055, Florida
  332  Statutes, is amended to read:
  333         163.5055 Registration of district establishment; notice of
  334  dissolution.—
  335         (1)(a) Each neighborhood improvement district authorized
  336  and established under this part shall within 30 days thereof
  337  register with both the Department of Economic Opportunity
  338  Community Affairs and the Department of Legal Affairs by
  339  providing these departments with the district’s name, location,
  340  size, and type, and such other information as the departments
  341  may require.
  342         (b) Each local governing body that which authorizes the
  343  dissolution of a district shall notify both the Department of
  344  Economic Opportunity Community Affairs and the Department of
  345  Legal Affairs within 30 days after the dissolution of the
  346  district.
  347         Section 17. Paragraph (h) of subsection (1) of section
  348  163.506, Florida Statutes, is amended to read:
  349         163.506 Local government neighborhood improvement
  350  districts; creation; advisory council; dissolution.—
  351         (1) After a local planning ordinance has been adopted
  352  authorizing the creation of local government neighborhood
  353  improvement districts, the local governing body of a
  354  municipality or county may create local government neighborhood
  355  improvement districts by the enactment of a separate ordinance
  356  for each district, which ordinance:
  357         (h) Requires the district to notify the Department of Legal
  358  Affairs and the Department of Economic Opportunity Community
  359  Affairs in writing of its establishment within 30 days thereof
  360  pursuant to s. 163.5055.
  361         Section 18. Paragraph (g) of subsection (1) of section
  362  163.508, Florida Statutes, is amended to read:
  363         163.508 Property owners’ association neighborhood
  364  improvement districts; creation; powers and duties; duration.—
  365         (1) After a local planning ordinance has been adopted
  366  authorizing the creation of property owners’ association
  367  neighborhood improvement districts, the local governing body of
  368  a municipality or county may create property owners’ association
  369  neighborhood improvement districts by the enactment of a
  370  separate ordinance for each district, which ordinance:
  371         (g) Requires the district to notify the Department of Legal
  372  Affairs and the Department of Economic Opportunity Community
  373  Affairs in writing of its establishment within 30 days thereof
  374  pursuant to s. 163.5055.
  375         Section 19. Paragraph (i) of subsection (1) of section
  376  163.511, Florida Statutes, is amended to read:
  377         163.511 Special neighborhood improvement districts;
  378  creation; referendum; board of directors; duration; extension.—
  379         (1) After a local planning ordinance has been adopted
  380  authorizing the creation of special neighborhood improvement
  381  districts, the governing body of a municipality or county may
  382  declare the need for and create special residential or business
  383  neighborhood improvement districts by the enactment of a
  384  separate ordinance for each district, which ordinance:
  385         (i) Requires the district to notify the Department of Legal
  386  Affairs and the Department of Economic Opportunity Community
  387  Affairs in writing of its establishment within 30 days thereof
  388  pursuant to s. 163.5055.
  389         Section 20. Paragraph (i) of subsection (1) of section
  390  163.512, Florida Statutes, is amended to read:
  391         163.512 Community redevelopment neighborhood improvement
  392  districts; creation; advisory council; dissolution.—
  393         (1) Upon the recommendation of the community redevelopment
  394  agency and after a local planning ordinance has been adopted
  395  authorizing the creation of community redevelopment neighborhood
  396  improvement districts, the local governing body of a
  397  municipality or county may create community redevelopment
  398  neighborhood improvement districts by the enactment of a
  399  separate ordinance for each district, which ordinance:
  400         (i) Requires the district to notify the Department of Legal
  401  Affairs and the Department of Economic Opportunity Community
  402  Affairs in writing of its establishment within 30 days thereof
  403  pursuant to s. 163.5055.
  404         Section 21. Paragraph (d) of subsection (1) of section
  405  212.096, Florida Statutes, is amended to read:
  406         212.096 Sales, rental, storage, use tax; enterprise zone
  407  jobs credit against sales tax.—
  408         (1) For the purposes of the credit provided in this
  409  section:
  410         (d) “Job” means a full-time position, as consistent with
  411  terms used by the Department of Economic Opportunity Agency for
  412  Workforce Innovation and the United States Department of Labor
  413  for purposes of unemployment compensation tax administration and
  414  employment estimation resulting directly from a business
  415  operation in this state. This term does may not include a
  416  temporary construction job involved with the construction of
  417  facilities or any job that has previously been included in any
  418  application for tax credits under s. 220.181(1). The term also
  419  includes employment of an employee leased from an employee
  420  leasing company licensed under chapter 468 if such employee has
  421  been continuously leased to the employer for an average of at
  422  least 36 hours per week for more than 6 months.
  423  
  424  A person shall be deemed to be employed if the person performs
  425  duties in connection with the operations of the business on a
  426  regular, full-time basis, provided the person is performing such
  427  duties for an average of at least 36 hours per week each month.
  428  The person must be performing such duties at a business site
  429  located in the enterprise zone.
  430         Section 22. Paragraphs (k) and (bb) of subsection (8) of
  431  section 213.053, Florida Statutes, are amended, and present
  432  paragraphs (l) through (bb) of that subsection are redesignated
  433  as paragraphs (k) through (aa), respectively, to read:
  434         213.053 Confidentiality and information sharing.—
  435         (8) Notwithstanding any other provision of this section,
  436  the department may provide:
  437         (k) Information relative to single sales factor
  438  apportionment used by a taxpayer to the Office of Tourism,
  439  Trade, and Economic Development or its employees or agents who
  440  are identified in writing by the office to the department for
  441  use by the office to administer s. 220.153.
  442         (aa)(bb) Information relating to tax credits taken under s.
  443  220.194 to the Office of Tourism, Trade, and Economic
  444  Development or to Space Florida.
  445  
  446  Disclosure of information under this subsection shall be
  447  pursuant to a written agreement between the executive director
  448  and the agency. Such agencies, governmental or nongovernmental,
  449  shall be bound by the same requirements of confidentiality as
  450  the Department of Revenue. Breach of confidentiality is a
  451  misdemeanor of the first degree, punishable as provided by s.
  452  775.082 or s. 775.083.
  453         Section 23. Section 215.55865, Florida Statutes, is amended
  454  to read:
  455         215.55865 Uniform home grading scale.—The Financial
  456  Services Commission shall adopt a uniform home grading scale to
  457  grade the ability of a home to withstand the wind load from a
  458  sustained severe tropical storm or hurricane. The commission
  459  shall coordinate with the Office of Insurance Regulation, the
  460  Department of Financial Services, and the Florida Building
  461  Commission Department of Community Affairs in developing the
  462  grading scale, which must be based upon and consistent with the
  463  rating system required by chapter 2006-12, Laws of Florida. The
  464  commission shall adopt the uniform grading scale by rule no
  465  later than June 30, 2007.
  466         Section 24. Paragraph (c) of subsection (1) of section
  467  218.411, Florida Statutes, is amended to read:
  468         218.411 Authorization for state technical and advisory
  469  assistance.—
  470         (1) The board is authorized, upon request, to assist local
  471  governments in investing funds that are temporarily in excess of
  472  operating needs by:
  473         (c) Providing, in cooperation with the Department of
  474  Economic Opportunity Community Affairs, technical assistance to
  475  local governments in investment of surplus funds.
  476         Section 25. Subsections (1), (2), and (3), paragraphs (b)
  477  and (c) of subsection (4), and subsection (5) of section
  478  220.153, Florida Statutes, are amended to read:
  479         220.153 Apportionment by sales factor.—
  480         (1) DEFINITIONS.—As used in this section, the term:
  481         (a) “Office” means the Office of Tourism, Trade, and
  482  Economic Development.
  483         (b) “qualified capital expenditures” means expenditures in
  484  this state for purposes substantially related to a business’s
  485  production or sale of goods or services. The expenditure must
  486  fund the acquisition of additional real property (land,
  487  buildings, including appurtenances, fixtures and fixed
  488  equipment, structures, etc.), including additions, replacements,
  489  major repairs, and renovations to real property which materially
  490  extend its useful life or materially improve or change its
  491  functional use and the furniture and equipment necessary to
  492  furnish and operate a new or improved facility. The term
  493  “qualified capital expenditures” does not include an expenditure
  494  for a passive investment or for an investment intended for the
  495  accumulation of reserves or the realization of profit for
  496  distribution to any person holding an ownership interest in the
  497  business. The term “qualified capital expenditures” does not
  498  include expenditures to acquire an existing business or
  499  expenditures in excess of $125 million to acquire land or
  500  buildings.
  501         (2) APPORTIONMENT OF TAXES; ELIGIBILITY.—A taxpayer, not
  502  including a financial organization as defined in s. 220.15(6) or
  503  a bank, savings association, international banking facility, or
  504  banking organization as defined in s. 220.62, doing business
  505  within and without this state, who applies and demonstrates to
  506  the Department of Economic Opportunity office that, within a 2
  507  year period beginning on or after July 1, 2011, it has made
  508  qualified capital expenditures equal to or exceeding $250
  509  million may apportion its adjusted federal income solely by the
  510  sales factor set forth in s. 220.15(5), commencing in the
  511  taxable year that the Department of Economic Opportunity office
  512  approves the application, but not before a taxable year that
  513  begins on or after January 1, 2013. Once approved, a taxpayer
  514  may elect to apportion its adjusted federal income for any
  515  taxable year using the method provided under this section or the
  516  method provided under s. 220.15.
  517         (3) QUALIFICATION PROCESS.—
  518         (a) To qualify as a taxpayer who is eligible to apportion
  519  its adjusted federal income under this section:
  520         1. The taxpayer must notify the Department of Economic
  521  Opportunity office of its intent to submit an application to
  522  apportion its adjusted federal income in order to commence the
  523  2-year period for measuring qualified capital expenditures.
  524         2. The taxpayer must submit an application to apportion its
  525  adjusted federal income under this section to the Department of
  526  Economic Opportunity office within 2 years after notifying the
  527  Department of Economic Opportunity office of the taxpayer’s
  528  intent to qualify. The application must be made under oath and
  529  provide such information as the Department of Economic
  530  Opportunity office reasonably requires by rule for determining
  531  the applicant’s eligibility to apportion adjusted federal income
  532  under this section. The taxpayer is responsible for
  533  affirmatively demonstrating to the satisfaction of the
  534  Department of Economic Opportunity office that it meets the
  535  eligibility requirements.
  536         (b) The taxpayer notice and application forms shall be
  537  established by the Department of Economic Opportunity office by
  538  rule. The Department of Economic Opportunity office shall
  539  acknowledge receipt of the notice and approve or deny the
  540  application in writing within 45 days after receipt.
  541         (4) REVIEW AUTHORITY; RECAPTURE OF TAX.—
  542         (b) The Department of Economic Opportunity office may, by
  543  order, revoke its decision to grant eligibility for
  544  apportionment pursuant to this section, and may also order the
  545  recalculation of apportionment factors to those applicable under
  546  s. 220.15 if, as the result of an audit, investigation, or
  547  examination, it determines that information provided by the
  548  taxpayer in the application, or in a statement, representation,
  549  record, report, plan, or other document provided to the
  550  Department of Economic Opportunity office to become eligible for
  551  apportionment, was materially false at the time it was made and
  552  that an individual acting on behalf of the taxpayer knew, or
  553  should have known, that the information submitted was false. The
  554  taxpayer shall pay such additional taxes and interest as may be
  555  due pursuant to this chapter computed as the difference between
  556  the tax that would have been due under the apportionment formula
  557  provided in s. 220.15 for such years and the tax actually paid.
  558  In addition, the department shall assess a penalty equal to 100
  559  percent of the additional tax due.
  560         (c) The Department of Economic Opportunity office shall
  561  immediately notify the department of an order affecting a
  562  taxpayer’s eligibility to apportion tax pursuant to this
  563  section. A taxpayer who is liable for past tax must file an
  564  amended return with the department, or such other report as the
  565  department prescribes by rule, and pay any required tax,
  566  interest, and penalty within 60 days after the taxpayer receives
  567  notification from the Department of Economic Opportunity office
  568  that the previously approved credits have been revoked. If the
  569  revocation is contested, the taxpayer shall file an amended
  570  return or other report within 30 days after an order becomes
  571  final. A taxpayer who fails to pay the past tax, interest, and
  572  penalty by the due date is subject to the penalties provided in
  573  s. 220.803.
  574         (5) RULES.—The Department of Economic Opportunity office
  575  and the department may adopt rules to administer this section.
  576         Section 26. Paragraph (b) of subsection (2) of section
  577  220.183, Florida Statutes, is amended to read:
  578         220.183 Community contribution tax credit.—
  579         (2) ELIGIBILITY REQUIREMENTS.—
  580         (b)1. All community contributions must be reserved
  581  exclusively for use in projects as defined in s. 220.03(1)(t).
  582         2. If, during the first 10 business days of the state
  583  fiscal year, eligible tax credit applications for projects that
  584  provide homeownership opportunities for low-income or very-low
  585  income households as defined in s. 420.9071(19) and (28) are
  586  received for less than the annual tax credits available for
  587  those projects, the Department of Economic Opportunity shall
  588  grant tax credits for those applications and shall grant
  589  remaining tax credits on a first-come, first-served basis for
  590  any subsequent eligible applications received before the end of
  591  the state fiscal year. If, during the first 10 business days of
  592  the state fiscal year, eligible tax credit applications for
  593  projects that provide homeownership opportunities for low-income
  594  or very-low-income households as defined in s. 420.9071(19) and
  595  (28) are received for more than the annual tax credits available
  596  for those projects, the Department of Economic Opportunity
  597  office shall grant the tax credits for those applications as
  598  follows:
  599         a. If tax credit applications submitted for approved
  600  projects of an eligible sponsor do not exceed $200,000 in total,
  601  the credit shall be granted in full if the tax credit
  602  applications are approved.
  603         b. If tax credit applications submitted for approved
  604  projects of an eligible sponsor exceed $200,000 in total, the
  605  amount of tax credits granted under sub-subparagraph a. shall be
  606  subtracted from the amount of available tax credits, and the
  607  remaining credits shall be granted to each approved tax credit
  608  application on a pro rata basis.
  609         3. If, during the first 10 business days of the state
  610  fiscal year, eligible tax credit applications for projects other
  611  than those that provide homeownership opportunities for low
  612  income or very-low-income households as defined in s.
  613  420.9071(19) and (28) are received for less than the annual tax
  614  credits available for those projects, the Department of Economic
  615  Opportunity office shall grant tax credits for those
  616  applications and shall grant remaining tax credits on a first
  617  come, first-served basis for any subsequent eligible
  618  applications received before the end of the state fiscal year.
  619  If, during the first 10 business days of the state fiscal year,
  620  eligible tax credit applications for projects other than those
  621  that provide homeownership opportunities for low-income or very
  622  low-income households as defined in s. 420.9071(19) and (28) are
  623  received for more than the annual tax credits available for
  624  those projects, the Department of Economic Opportunity office
  625  shall grant the tax credits for those applications on a pro rata
  626  basis.
  627         Section 27. Paragraphs (b), (d), (e), and (f) of subsection
  628  (3), paragraphs (a), (c), and (e) of subsection (4), subsection
  629  (5), paragraph (b) of subsection (6), paragraphs (a), (b), (d),
  630  and (e) of subsection (7), paragraph (a) of subsection (8), and
  631  subsection (9) of section 220.194, Florida Statutes, are amended
  632  to read:
  633         220.194 Corporate income tax credits for spaceflight
  634  projects.—
  635         (3) DEFINITIONS.—As used in this section, the term:
  636         (b) “Certified” means that a spaceflight business has been
  637  certified by the Department of Economic Opportunity office as
  638  meeting all of the requirements necessary to obtain at least one
  639  of the approved tax credits available under this section,
  640  including approval to transfer a credit.
  641         (d) “New job” means the full-time employment of an employee
  642  in a manner that is consistent with terms used by the Department
  643  of Economic Opportunity Agency for Workforce Innovation and the
  644  United States Department of Labor for purposes of unemployment
  645  compensation tax administration and employment estimation. In
  646  order to meet the requirement for certification specified in
  647  paragraph (5)(b), a new job must:
  648         1. Pay new employees at least 115 percent of the statewide
  649  or countywide average annual private sector wage for the 3
  650  taxable years immediately preceding filing an application for
  651  certification;
  652         2. Require a new employee to perform duties on a regular
  653  full-time basis in this state for an average of at least 36
  654  hours per week each month for the 3 taxable years immediately
  655  preceding filing an application for certification; and
  656         3. Not be held by a person who has previously been included
  657  as a new employee on an application for any credit authorized
  658  under this section.
  659         (e) “Office” means the Office of Tourism, Trade, and
  660  Economic Development.
  661         (e)(f) “Payload” means an object built or assembled in this
  662  state to be placed into earth’s upper atmospheres or space.
  663         (4) TAX CREDITS.—
  664         (a) If approved and certified pursuant to subsection (5),
  665  the following tax credits may be taken on a return for a taxable
  666  year beginning on or after October 1, 2015:
  667         1. A certified spaceflight business may take a
  668  nontransferable corporate income tax credit for up to 50 percent
  669  of the business’s tax liability under this chapter for the
  670  taxable year in which the credit is taken. The maximum
  671  nontransferable tax credit amount that may be approved per
  672  taxpayer for a taxable year is $1 million. No more than $3
  673  million in total tax credits pursuant to this subparagraph may
  674  be certified pursuant to subsection (5). No credit may be
  675  approved after October 1, 2017.
  676         2. A certified spaceflight business may transfer, in whole
  677  or in part, its Florida net operating loss that would otherwise
  678  be available to be taken on a return filed under this chapter,
  679  provided that the activity giving rise to such net operating
  680  loss must have occurred after July 1, 2011. The transfer allowed
  681  under this subparagraph will be in the form of a transferable
  682  tax credit equal to the amount of the net operating loss
  683  eligible to be transferred. The maximum transferable tax credit
  684  amount that may be approved per taxpayer for a taxable year is
  685  $2.5 million. No more than $7 million in total tax credits
  686  pursuant to this subparagraph may be certified pursuant to
  687  subsection (5). No credit may be approved after October 1, 2017.
  688         a. In order to transfer the credit, the business must:
  689         (I) Have been approved to transfer the tax credit for the
  690  taxable year in which it is transferred;
  691         (II) Have incurred a qualifying net operating loss on
  692  activity in this state after July 1, 2011, directly associated
  693  with one or more spaceflight projects in any of its 3 previous
  694  taxable years;
  695         (III) Not be 50 percent or more owned or controlled,
  696  directly or indirectly, by another corporation that has
  697  demonstrated positive net income in any of the 3 previous
  698  taxable years of ongoing operations; and
  699         (IV) Not be part of a consolidated group of affiliated
  700  corporations, as filed for federal income tax purposes, which in
  701  the aggregate demonstrated positive net income in any of the 3
  702  previous taxable years.
  703         b. The credit that may be transferred by a certified
  704  spaceflight business:
  705         (I) Is limited to the amount of eligible net operating
  706  losses incurred in the immediate 3 taxable years before the
  707  transfer; and
  708         (II) Must be directly associated with a spaceflight project
  709  in this state as verified through an audit or examination by a
  710  certified public accountant licensed to do business in this
  711  state and as verified by the Department of Economic Opportunity
  712  office.
  713         (c) Credits approved under subparagraph (a)1. may be taken
  714  only against the corporate income tax liability generated by or
  715  arising out of a spaceflight project in this state, as verified
  716  through an audit or examination by a certified public accountant
  717  licensed to do business in this state and as verified by the
  718  Department of Economic Opportunity office.
  719         (e) The certified spaceflight business or transferee must
  720  demonstrate to the satisfaction of the Department of Economic
  721  Opportunity office and the department that it is eligible to
  722  take the credits approved under this section.
  723         (5) APPLICATION AND CERTIFICATION.—
  724         (a) In order to claim a tax credit under this section, a
  725  spaceflight business must first submit an application to the
  726  Department of Economic Opportunity office for approval to earn
  727  tax credits or create transferable tax credits. The application
  728  must be filed by the date established by the Department of
  729  Economic Opportunity office. In addition to any information that
  730  the Department of Economic Opportunity office may require, the
  731  applicant must provide a complete description of the activity in
  732  this state which demonstrates to the Department of Economic
  733  Opportunity office the applicant’s likelihood to be certified to
  734  take or transfer a credit. The applicant must also provide a
  735  description of the total amount and type of credits for which
  736  approval is sought. The Department of Economic Opportunity
  737  office may consult with Space Florida regarding the
  738  qualifications of an applicant. The applicant shall provide an
  739  affidavit certifying that all information contained in the
  740  application is true and correct.
  741         1. Approval of the credits shall be provided on a first
  742  come, first-served basis, based on the date the completed
  743  applications are received by the Department of Economic
  744  Opportunity office. A taxpayer may not submit more than one
  745  completed application per state fiscal year. The Department of
  746  Economic Opportunity office may not accept an incomplete
  747  placeholder application, and the submission of such an
  748  application will not secure a place in the first-come, first
  749  served application line.
  750         2. The Department of Economic Opportunity office has 60
  751  days after the receipt of a completed application within which
  752  to issue a notice of intent to deny or approve an application
  753  for credits. The Department of Economic Opportunity office must
  754  ensure that the corporate income tax credits approved for all
  755  applicants do not exceed the limits provided in this section.
  756         (b) In order to take a tax credit under subparagraph (a)1.
  757  or, if applicable, to transfer an approved credit under
  758  subparagraph (a)2., a spaceflight business must submit an
  759  application for certification to the Department of Economic
  760  Opportunity office along with a nonrefundable $250 fee.
  761         1. The application must include:
  762         a. The name and physical in-state address of the taxpayer.
  763         b. Documentation demonstrating to the satisfaction of the
  764  Department of Economic Opportunity office that:
  765         (I) The taxpayer is a spaceflight business.
  766         (II) The business has engaged in a qualifying spaceflight
  767  project before taking or transferring a credit under this
  768  section.
  769         c. In addition to any requirement specific to a credit,
  770  documentation that the business has:
  771         (I) Created 35 new jobs in this state directly associated
  772  with spaceflight projects during its immediately preceding 3
  773  taxable years. The business shall be deemed to have created new
  774  jobs if the number of full-time jobs located in this state at
  775  the time of application for certification is greater than the
  776  total number of full-time jobs located in this state at the time
  777  of application for approval to earn credits; and
  778         (II) Invested a total of at least $15 million in this state
  779  on a spaceflight project during its immediately preceding 3
  780  taxable years.
  781         d. The total amount and types of credits sought.
  782         e. An acknowledgment that a transfer of a tax credit is to
  783  be accomplished pursuant to subsection (5).
  784         f. A copy of an audit or audits of the preceding 3 taxable
  785  years, prepared by a certified public accountant licensed to
  786  practice in this state, which identifies that portion of the
  787  business’s activities in this state related to spaceflight
  788  projects in this state.
  789         g. An acknowledgment that the business must file an annual
  790  report on the spaceflight project’s progress with the Department
  791  of Economic Opportunity office.
  792         h. Any other information necessary to demonstrate that the
  793  applicant meets the job creation, investment, and other
  794  requirements of this section.
  795         2. Within 60 days after receipt of the application for
  796  certification, the Department of Economic Opportunity office
  797  shall evaluate the application and recommend the business for
  798  certification or denial. The executive director of the
  799  Department of Economic Opportunity office must approve or deny
  800  the application within 30 days after receiving the
  801  recommendation. If approved, the Department of Economic
  802  Opportunity office must provide a letter of certification to the
  803  applicant consistent with any restrictions imposed. If the
  804  Department of Economic Opportunity office denies any part of the
  805  requested credit, the Department of Economic Opportunity office
  806  must inform the applicant of the grounds for the denial. A copy
  807  of the certification shall be submitted to the department within
  808  10 days after the executive director’s approval.
  809         (6) TRANSFERABILITY OF CREDIT.—
  810         (b) In order to perfect the transfer, the transferor shall
  811  provide the department with a written transfer statement that
  812  has been approved by the Department of Economic Opportunity
  813  office notifying the department of the transferor’s intent to
  814  transfer the tax credits to the transferee; the date that the
  815  transfer is effective; the transferee’s name, address, and
  816  federal taxpayer identification number; the tax period; and the
  817  amount of tax credits to be transferred. Upon receipt of the
  818  approved transfer statement, the department shall provide the
  819  transferee and the Department of Economic Opportunity office
  820  with a certificate reflecting the tax credit amounts
  821  transferred. A copy of the certificate must be attached to each
  822  tax return for which the transferee seeks to apply the credits.
  823         (7) AUDIT AUTHORITY; RECAPTURE OF CREDITS.—
  824         (a) In addition to its existing audit and investigative
  825  authority, the department may perform any additional financial
  826  and technical audits and investigations, including examining the
  827  accounts, books, and financial records of the tax credit
  828  applicant, which are necessary for verifying the accuracy of the
  829  return and to ensure compliance with this section. If requested
  830  by the department, the Department of Economic Opportunity office
  831  and Space Florida must provide technical assistance for any
  832  technical audits or examinations performed under this
  833  subsection.
  834         (b) Grounds for forfeiture of previously claimed tax
  835  credits approved under this section exist if the department
  836  determines, as a result of an audit or examination, or from
  837  information received from the Department of Economic Opportunity
  838  office, that a certified spaceflight business, or in the case of
  839  transferred tax credits, a taxpayer received tax credits for
  840  which the certified spaceflight business or taxpayer was not
  841  entitled. The spaceflight business or transferee must file an
  842  amended return reflecting the disallowed credits and paying any
  843  tax due as a result of the amendment.
  844         (d) The Department of Economic Opportunity office may
  845  revoke or modify a certification granting eligibility for tax
  846  credits if it finds that the certified spaceflight business made
  847  a false statement or representation in any application, record,
  848  report, plan, or other document filed in an attempt to receive
  849  tax credits under this section. The Department of Economic
  850  Opportunity office shall immediately notify the department of
  851  any revoked or modified orders affecting previously granted tax
  852  credits. The certified spaceflight business must also notify the
  853  department of any change in its claimed tax credit.
  854         (e) The certified spaceflight business must file with the
  855  department an amended return or other report required by the
  856  department by rule and pay any required tax and interest within
  857  60 days after the certified business receives notification from
  858  the Department of Economic Opportunity office that previously
  859  approved tax credits have been revoked or modified. If the
  860  revocation or modification order is contested, the spaceflight
  861  business must file the amended return or other report within 60
  862  days after a final order is issued.
  863         (8) RULES.—
  864         (a) The Department of Economic Opportunity office, in
  865  consultation with Space Florida, shall adopt rules to administer
  866  this section, including rules relating to application forms for
  867  credit approval and certification, and the application and
  868  certification procedures, guidelines, and requirements necessary
  869  to administer this section.
  870         (9) ANNUAL REPORT.—Beginning in 2014, the Department of
  871  Economic Opportunity office, in cooperation with Space Florida
  872  and the department, shall submit an annual report summarizing
  873  activities relating to the Florida Space Business Incentives Act
  874  established under this section to the Governor, the President of
  875  the Senate, and the Speaker of the House of Representatives by
  876  each November 30.
  877         Section 28. Paragraph (b) of subsection (3), paragraph (b)
  878  of subsection (4), subsection (6), paragraph (a) of subsection
  879  (7), and paragraph (c) of subsection (9) of section 258.501,
  880  Florida Statutes, are amended to read:
  881         258.501 Myakka River; wild and scenic segment.—
  882         (3) DEFINITIONS.—As used in this section, the term:
  883         (b) “Agreement” means the interagency operating agreement
  884  between the department, the Department of Economic Opportunity
  885  Community Affairs, and Sarasota County or the City of North
  886  Port.
  887         (4) DESIGNATION OF WILD AND SCENIC RIVER.—
  888         (b) The governments of Sarasota County and the City of
  889  North Port shall manage the Myakka River wild and scenic
  890  protection zone under their existing authorities for
  891  comprehensive planning, the regulation of land development
  892  activities, and other necessary or appropriate ordinances and in
  893  conformance with this section, the management plan required
  894  under subsection (5), and the agreements adopted by the
  895  department and the Department of Economic Opportunity Community
  896  Affairs with the city and county pursuant to this section.
  897         (6) AMENDMENT OF REGULATIONS AND COMPREHENSIVE PLANS.—
  898         (a) Sarasota County and the City of North Port shall amend
  899  their comprehensive plans so that the parts of such plans that
  900  affect the wild and scenic protection zone conform to, or are
  901  more stringent than, this section, the river management plan,
  902  and management guidelines and performance standards to be
  903  developed and contained within agreements to be adopted by the
  904  department, the Department of Economic Opportunity Community
  905  Affairs, and the city and county. The guidelines and performance
  906  standards must be used by the department and the Department of
  907  Economic Opportunity Community Affairs to review and monitor the
  908  regulation of activities by the city and county in the wild and
  909  scenic protection zone. Amendments to those comprehensive plans
  910  must include specific policies and guidelines for minimizing
  911  adverse impacts on resources in the river area and for managing
  912  the wild and scenic protection zone in conformance with this
  913  section, the river management plan, and the agreement. Such
  914  comprehensive plans must be amended within 1 year after the
  915  adoption date of the agreement, and thereafter, within 6 months
  916  following an amendment to this section, the river management
  917  plan, or the agreement, as may be necessary. For the purposes
  918  established in this subsection, such amendments need not conform
  919  to statutory or local ordinance limitations on the frequency of
  920  consideration of amendments to local comprehensive plans.
  921         (b) Sarasota County and the City of North Port shall adopt
  922  or amend, within 1 year after the department and the Department
  923  of Economic Opportunity Community Affairs adopt with the city
  924  and with the county agreements for regulating activities in the
  925  wild and scenic protection zone, any necessary ordinances and
  926  land development regulations so that those ordinances and
  927  regulations conform to the purposes of this section, the river
  928  management plan, and the agreement. Thereafter, following any
  929  amendment to this section, the river management plan, or the
  930  agreement, the city and county must amend or adopt, within 1
  931  year, appropriate ordinances and land development regulations to
  932  maintain such local ordinances and regulations in conformance
  933  with this section, the river management plan, and the agreement.
  934  Those ordinances and regulations must provide that activities
  935  must be prohibited, or must undergo review and either be denied
  936  or permitted with or without conditions, so as to minimize
  937  potential adverse physical and visual impacts on resource values
  938  in the river area and to minimize adverse impacts on private
  939  landowners’ use of land for residential purposes. The resource
  940  values of concern are those identified in this section and by
  941  the coordinating council in the river management plan.
  942  Activities which may be prohibited, subject to the agreement,
  943  include, but are not limited to, landfills, clear cuttings,
  944  major new infrastructure facilities, major activities that would
  945  alter historic water or flood flows, multifamily residential
  946  construction, commercial and industrial development, and mining
  947  and major excavations. However, appurtenant structures for these
  948  activities may be permitted if such structures do not have
  949  adverse visual or measurable adverse environmental impacts to
  950  resource values in the river area.
  951         (c) If the Department of Economic Opportunity Community
  952  Affairs determines that the local comprehensive plan or land
  953  development regulations, as amended or supplemented by the local
  954  government, are not in conformance with the purposes of this
  955  section, the river management plan, and the agreement, the
  956  Department of Economic Opportunity Community Affairs shall issue
  957  a notice of intent to find the plan not in compliance and such
  958  plan shall be subject to the administrative proceedings in
  959  accordance with s. 163.3184.
  960         (7) MANAGEMENT COORDINATING COUNCIL.—
  961         (a) Upon designation, the department shall create a
  962  permanent council to provide interagency and intergovernmental
  963  coordination in the management of the river. The coordinating
  964  council shall be composed of one representative appointed from
  965  each of the following: the department, the Department of
  966  Transportation, the Fish and Wildlife Conservation Commission,
  967  the Department of Economic Opportunity Community Affairs, the
  968  Division of Forestry of the Department of Agriculture and
  969  Consumer Services, the Division of Historical Resources of the
  970  Department of State, the Tampa Bay Regional Planning Council,
  971  the Southwest Florida Water Management District, the Southwest
  972  Florida Regional Planning Council, Manatee County, Sarasota
  973  County, Charlotte County, the City of Sarasota, the City of
  974  North Port, agricultural interests, environmental organizations,
  975  and any others deemed advisable by the department.
  976         (9) RULEMAKING AUTHORITY.—
  977         (c) The department and the Department of Economic
  978  Opportunity Community Affairs must enter into agreements with
  979  the City of North Port and Sarasota County which that provide
  980  for guiding and monitoring the regulation of activities by the
  981  city and county, in accordance with subsection (6). Such
  982  agreements shall include guidelines and performance standards
  983  for regulating proposed activities so as to minimize adverse
  984  environmental and visual impacts of such activities on the
  985  resource values in the river area, and to minimize adverse
  986  impacts to landowners’ use of land for residential purposes.
  987         Section 29. Subsection (3) of section 259.042, Florida
  988  Statutes, is amended to read:
  989         259.042 Tax increment financing for conservation lands.—
  990         (3) The governing body of the jurisdiction that will
  991  administer the separate reserve account shall provide
  992  documentation to the Department of Economic Opportunity
  993  Community Affairs identifying the boundary of the tax increment
  994  area. The department shall determine whether the boundary is
  995  appropriate in that property owners within the boundary will
  996  receive a benefit from the proposed purchase of identified
  997  conservation lands. The department must issue a letter of
  998  approval stating that the establishment of the tax increment
  999  area and the proposed purchases would benefit property owners
 1000  within the boundary and serve a public purpose before any tax
 1001  increment funds are deposited into the separate reserve account.
 1002  If the department fails to provide the required letter within 90
 1003  days after receiving sufficient documentation of the boundary,
 1004  the establishment of the area and the proposed purchases are
 1005  deemed to provide such benefit and serve a public purpose.
 1006         Section 30. Paragraph (c) of subsection (3) of section
 1007  259.101, Florida Statutes, is amended to read:
 1008         259.101 Florida Preservation 2000 Act.—
 1009         (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the costs
 1010  of issuance, the costs of funding reserve accounts, and other
 1011  costs with respect to the bonds, the proceeds of bonds issued
 1012  pursuant to this act shall be deposited into the Florida
 1013  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
 1014  year 2000-2001, for each Florida Preservation 2000 program
 1015  described in paragraphs (a)-(g), that portion of each program’s
 1016  total remaining cash balance which, as of June 30, 2000, is in
 1017  excess of that program’s total remaining appropriation balances
 1018  shall be redistributed by the department and deposited into the
 1019  Save Our Everglades Trust Fund for land acquisition. For
 1020  purposes of calculating the total remaining cash balances for
 1021  this redistribution, the Florida Preservation 2000 Series 2000
 1022  bond proceeds, including interest thereon, and the fiscal year
 1023  1999-2000 General Appropriations Act amounts shall be deducted
 1024  from the remaining cash and appropriation balances,
 1025  respectively. The remaining proceeds shall be distributed by the
 1026  Department of Environmental Protection in the following manner:
 1027         (c) Ten percent to the Department of Environmental
 1028  Protection Community Affairs to provide land acquisition grants
 1029  and loans to local governments through the Florida Communities
 1030  Trust pursuant to part III of chapter 380. From funds allocated
 1031  to the trust, $3 million annually shall be used by the Division
 1032  of State Lands within the Department of Environmental Protection
 1033  to implement the Green Swamp Land Protection Initiative
 1034  specifically for the purchase of conservation easements, as
 1035  defined in s. 380.0677(3), of lands, or severable interests or
 1036  rights in lands, in the Green Swamp Area of Critical State
 1037  Concern. From funds allocated to the trust, $3 million annually
 1038  shall be used by the Monroe County Comprehensive Plan Land
 1039  Authority specifically for the purchase of a real property
 1040  interest in those lands subject to the Rate of Growth Ordinances
 1041  adopted by local governments in Monroe County or those lands
 1042  within the boundary of an approved Conservation and Recreation
 1043  Lands project located within the Florida Keys or Key West Areas
 1044  of Critical State Concern; however, title to lands acquired
 1045  within the boundary of an approved Conservation and Recreation
 1046  Lands project may, in accordance with an approved joint
 1047  acquisition agreement, vest in the Board of Trustees of the
 1048  Internal Improvement Trust Fund. Of the remaining funds, one
 1049  half shall be matched by local governments on a dollar-for
 1050  dollar basis. To the extent allowed by federal requirements for
 1051  the use of bond proceeds, the trust shall expend Preservation
 1052  2000 funds to carry out the purposes of part III of chapter 380.
 1053  
 1054  Local governments may use federal grants or loans, private
 1055  donations, or environmental mitigation funds, including
 1056  environmental mitigation funds required pursuant to s. 338.250,
 1057  for any part or all of any local match required for the purposes
 1058  described in this subsection. Bond proceeds allocated pursuant
 1059  to paragraph (c) may be used to purchase lands on the priority
 1060  lists developed pursuant to s. 259.035. Title to lands purchased
 1061  pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
 1062  vested in the Board of Trustees of the Internal Improvement
 1063  Trust Fund. Title to lands purchased pursuant to paragraph (c)
 1064  may be vested in the Board of Trustees of the Internal
 1065  Improvement Trust Fund. The board of trustees shall hold title
 1066  to land protection agreements and conservation easements that
 1067  were or will be acquired pursuant to s. 380.0677, and the
 1068  Southwest Florida Water Management District and the St. Johns
 1069  River Water Management District shall monitor such agreements
 1070  and easements within their respective districts until the state
 1071  assumes this responsibility.
 1072         Section 31. Paragraphs (e) and (h) of subsection (4) of
 1073  section 282.201, Florida Statutes, are amended to read:
 1074         282.201 State data center system; agency duties and
 1075  limitations.—A state data center system that includes all
 1076  primary data centers, other nonprimary data centers, and
 1077  computing facilities, and that provides an enterprise
 1078  information technology service as defined in s. 282.0041, is
 1079  established.
 1080         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
 1081         (e) During the 2012-2013 fiscal year, the following shall
 1082  be consolidated into the Southwood Shared Resource Center:
 1083         1. By September 30, 2012, the Division of Emergency
 1084  Management and the Department of Community Affairs, except for
 1085  the Emergency Operation Center’s management system in
 1086  Tallahassee and the Camp Blanding Emergency Operations Center in
 1087  Starke.
 1088         2. By September 30, 2012, the Department of Revenue’s
 1089  Carlton Building and Imaging Center locations.
 1090         3. By December 31, 2012, the Department of Health’s Test
 1091  and Development Lab and all remaining data center resources
 1092  located at the Capital Circle Office Complex.
 1093         (h) During the 2014-2015 fiscal year, the following
 1094  agencies shall work with the Agency for Enterprise Information
 1095  Technology to begin preliminary planning for consolidation into
 1096  a primary data center:
 1097         1. The Department of Health’s Jacksonville Lab Data Center.
 1098         2. The Department of Transportation’s district offices,
 1099  toll offices, and the District Materials Office.
 1100         3. The Department of Military Affairs’ Camp Blanding Joint
 1101  Training Center in Starke.
 1102         4. The Department of Community Affairs’ Camp Blanding
 1103  Emergency Operations Center in Starke.
 1104         5. The Department of Education’s Division of Blind Services
 1105  disaster recovery site in Daytona Beach.
 1106         6. The Department of Education’s disaster recovery site at
 1107  Santa Fe College.
 1108         7. The Department of the Lottery’s Disaster Recovery Backup
 1109  Data Center in Orlando.
 1110         8. The Fish and Wildlife Conservation Commission’s Fish and
 1111  Wildlife Research Institute in St. Petersburg.
 1112         9. The Department of Children and Family Services’ Suncoast
 1113  Data Center in Tampa.
 1114         10. The Department of Children and Family Services’ Florida
 1115  State Hospital in Chattahoochee.
 1116         Section 32. Subsection (1) of section 288.021, Florida
 1117  Statutes, is amended to read:
 1118         288.021 Economic development liaison.—
 1119         (1) The heads of the Department of Transportation, the
 1120  Department of Environmental Protection and an additional member
 1121  appointed by the secretary of the department, the Agency for
 1122  Workforce Innovation, the Department of Education, the
 1123  Department of Management Services, the Department of Revenue,
 1124  the Fish and Wildlife Conservation Commission, each water
 1125  management district, and each Department of Transportation
 1126  District office shall designate a high-level staff member from
 1127  within such agency to serve as the economic development liaison
 1128  for the agency. This person shall report to the agency head and
 1129  have general knowledge both of the state’s permitting and other
 1130  regulatory functions and of the state’s economic goals,
 1131  policies, and programs. This person shall also be the primary
 1132  point of contact for the agency with the department on issues
 1133  and projects important to the economic development of Florida,
 1134  including its rural areas, to expedite project review, to ensure
 1135  a prompt, effective response to problems arising with regard to
 1136  permitting and regulatory functions, and to work closely with
 1137  the other economic development liaisons to resolve interagency
 1138  conflicts.
 1139         Section 33. Paragraph (f) of subsection (2) and paragraph
 1140  (c) of subsection (5) of section 288.1045, Florida Statutes, are
 1141  amended to read:
 1142         288.1045 Qualified defense contractor and space flight
 1143  business tax refund program.—
 1144         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
 1145         (f) After entering into a tax refund agreement pursuant to
 1146  subsection (4), a qualified applicant may:
 1147         1. Receive refunds from the account for corporate income
 1148  taxes due and paid pursuant to chapter 220 by that business
 1149  beginning with the first taxable year of the business which
 1150  begins after entering into the agreement.
 1151         2. Receive refunds from the account for the following taxes
 1152  due and paid by that business after entering into the agreement:
 1153         a. Taxes on sales, use, and other transactions paid
 1154  pursuant to chapter 212.
 1155         b. Intangible personal property taxes paid pursuant to
 1156  chapter 199.
 1157         c. Excise taxes paid on documents pursuant to chapter 201.
 1158         d. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
 1159  June 1, 1996.
 1160         e. State communications services taxes administered under
 1161  chapter 202. This provision does not apply to the gross receipts
 1162  tax imposed under chapter 203 and administered under chapter 202
 1163  or the local communications services tax authorized under s.
 1164  202.19.
 1165  
 1166  However, a qualified applicant may not receive a tax refund
 1167  pursuant to this section for any amount of credit, refund, or
 1168  exemption granted such contractor for any of such taxes. If a
 1169  refund for such taxes is provided by the department, which taxes
 1170  are subsequently adjusted by the application of any credit,
 1171  refund, or exemption granted to the qualified applicant other
 1172  than that provided in this section, the qualified applicant
 1173  shall reimburse the Economic Development Trust Fund for the
 1174  amount of such credit, refund, or exemption. A qualified
 1175  applicant must notify and tender payment to the department
 1176  office within 20 days after receiving a credit, refund, or
 1177  exemption, other than that provided in this section.
 1178         (5) ANNUAL CLAIM FOR REFUND.—
 1179         (c) A tax refund may not be approved for any qualified
 1180  applicant unless local financial support has been paid to the
 1181  Economic Development Trust Fund for that refund. If the local
 1182  financial support is less than 20 percent of the approved tax
 1183  refund, the tax refund shall be reduced. The tax refund paid may
 1184  not exceed 5 times the local financial support received. Funding
 1185  from local sources includes tax abatement under s. 196.1995 or
 1186  the appraised market value of municipal or county land,
 1187  including any improvements or structures, conveyed or provided
 1188  at a discount through a sale or lease to that applicant. The
 1189  amount of any tax refund for an applicant approved under this
 1190  section shall be reduced by the amount of any such tax abatement
 1191  granted or the value of the land granted, including the value of
 1192  any improvements or structures; and the limitations in
 1193  subsection (2) shall be reduced by the amount of any such tax
 1194  abatement or the value of the land granted, including any
 1195  improvements or structures. A report listing all sources of the
 1196  local financial support shall be provided to the department
 1197  office when such support is paid to the Economic Development
 1198  Trust Fund.
 1199         Section 34. Paragraph (f) of subsection (4) and paragraphs
 1200  (c), (d), and (e) of subsection (6) of section 288.106, Florida
 1201  Statutes, are amended to read:
 1202         288.106 Tax refund program for qualified target industry
 1203  businesses.—
 1204         (4) APPLICATION AND APPROVAL PROCESS.—
 1205         (f) Effective July 1, 2011, Notwithstanding paragraph
 1206  (2)(j) (2)(k), the department office may reduce the local
 1207  financial support requirements of this section by one-half for a
 1208  qualified target industry business located in Bay County,
 1209  Escambia County, Franklin County, Gadsden County, Gulf County,
 1210  Jefferson County, Leon County, Okaloosa County, Santa Rosa
 1211  County, Wakulla County, or Walton County, if the department
 1212  office determines that such reduction of the local financial
 1213  support requirements is in the best interest of the state and
 1214  facilitates economic development, growth, or new employment
 1215  opportunities in such county. This paragraph expires June 30,
 1216  2014.
 1217         (6) ANNUAL CLAIM FOR REFUND.—
 1218         (c) The department may waive the requirement for proof of
 1219  taxes paid in future years for a qualified target industry
 1220  business that provides the department office with proof that, in
 1221  a single year, the business has paid an amount of state taxes
 1222  from the categories in paragraph (3)(d) which that is at least
 1223  equal to the total amount of tax refunds that the business may
 1224  receive through successful completion of its tax refund
 1225  agreement.
 1226         (d) A tax refund may not be approved for a qualified target
 1227  industry business unless the required local financial support
 1228  has been paid into the account for that refund. If the local
 1229  financial support provided is less than 20 percent of the
 1230  approved tax refund, the tax refund must be reduced. In no event
 1231  may the tax refund exceed an amount that is equal to 5 times the
 1232  amount of the local financial support received. Further, funding
 1233  from local sources includes any tax abatement granted to that
 1234  business under s. 196.1995 or the appraised market value of
 1235  municipal or county land conveyed or provided at a discount to
 1236  that business. The amount of any tax refund for such business
 1237  approved under this section must be reduced by the amount of any
 1238  such tax abatement granted or the value of the land granted, and
 1239  the limitations in subsection (3) and paragraph (4)(e) must be
 1240  reduced by the amount of any such tax abatement or the value of
 1241  the land granted. A report listing all sources of the local
 1242  financial support shall be provided to the department office
 1243  when such support is paid to the account.
 1244         (e) A prorated tax refund, less a 5 percent 5-percent
 1245  penalty, shall be approved for a qualified target industry
 1246  business if all other applicable requirements have been
 1247  satisfied and the business proves to the satisfaction of the
 1248  department office that:
 1249         1. It has achieved at least 80 percent of its projected
 1250  employment; and
 1251         2. The average wage paid by the business is at least 90
 1252  percent of the average wage specified in the tax refund
 1253  agreement, but in no case less than 115 percent of the average
 1254  private sector wage in the area available at the time of
 1255  certification, or 150 percent or 200 percent of the average
 1256  private sector wage if the business requested the additional
 1257  per-job tax refund authorized in paragraph (3)(b) for wages
 1258  above those levels. The prorated tax refund shall be calculated
 1259  by multiplying the tax refund amount for which the qualified
 1260  target industry business would have been eligible, if all
 1261  applicable requirements had been satisfied, by the percentage of
 1262  the average employment specified in the tax refund agreement
 1263  which was achieved, and by the percentage of the average wages
 1264  specified in the tax refund agreement which was achieved.
 1265         Section 35. Paragraph (a) of subsection (3) of section
 1266  288.108, Florida Statutes, is amended to read:
 1267         288.108 High-impact business.—
 1268         (3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE
 1269  AMOUNTS.—
 1270         (a) Upon commencement of operations, a qualified high
 1271  impact business is eligible to receive a high-impact business
 1272  performance grant in the amount as determined by the department
 1273  office under subsection (5), consistent with eligible amounts as
 1274  provided in paragraph (b), and specified in the qualified high
 1275  impact business agreement. The precise conditions that are
 1276  considered commencement of operations must be specified in the
 1277  qualified high-impact business agreement.
 1278         Section 36. Subsection (3) of section 288.1083, Florida
 1279  Statutes, is amended to read:
 1280         288.1083 Manufacturing and Spaceport Investment Incentive
 1281  Program.—
 1282         (3) Beginning July 1, 2010, and ending June 30, 2011, and
 1283  beginning July 1, 2011, and ending June 30, 2012, sales and use
 1284  tax paid in this state on eligible equipment purchases may
 1285  qualify for a refund as provided in this section. The total
 1286  amount of refunds that may be allocated by the department office
 1287  to all applicants during the period beginning July 1, 2010, and
 1288  ending June 30, 2011, is $19 million. The total amount of tax
 1289  refunds that may be allocated to all applicants during the
 1290  period beginning July 1, 2011, and ending June 30, 2012, is $24
 1291  million. An applicant may not be allocated more than $50,000 in
 1292  refunds under this section for a single year. Preliminary refund
 1293  allocations that are revoked or voluntarily surrendered shall be
 1294  immediately available for reallocation.
 1295         Section 37. Paragraph (l) of subsection (2) of section
 1296  288.1089, Florida Statutes, is amended to read:
 1297         288.1089 Innovation Incentive Program.—
 1298         (2) As used in this section, the term:
 1299         (l) “Match” means funding from local sources, public or
 1300  private, which will be paid to the applicant and which is equal
 1301  to 100 percent of an award. Eligible match funding may include
 1302  any tax abatement granted to the applicant under s. 196.1995 or
 1303  the appraised market value of land, buildings, infrastructure,
 1304  or equipment conveyed or provided at a discount to the
 1305  applicant. Complete documentation of a match payment or other
 1306  conveyance must be presented to and verified by the department
 1307  office prior to transfer of state funds to an applicant. An
 1308  applicant may not provide, directly or indirectly, more than 5
 1309  percent of match funding in any fiscal year. The sources of such
 1310  funding may not include, directly or indirectly, state funds
 1311  appropriated from the General Revenue Fund or any state trust
 1312  fund, excluding tax revenues shared with local governments
 1313  pursuant to law.
 1314         Section 38. Subsection (2) of section 288.1097, Florida
 1315  Statutes, is amended to read:
 1316         288.1097 Qualified job training organizations;
 1317  certification; duties.—
 1318         (2) To be eligible for funding, an organization must be
 1319  certified by the department Office of Tourism, Trade, and
 1320  Economic Development as meeting the criteria in subsection (1).
 1321  After certification, the department Office of Tourism, Trade,
 1322  and Economic Development may release funds to the qualified job
 1323  training organization pursuant to a contract with the
 1324  organization. The contract must include the performance
 1325  conditions that must be met in order to obtain the award or
 1326  portions of the award, including, but not limited to, net new
 1327  employment in the state, the methodology for validating
 1328  performance, the schedule of payments, and sanctions for failure
 1329  to meet the performance requirements including any provisions
 1330  for repayment of awards. The contract must also require that
 1331  salaries paid to officers and employees of the qualified job
 1332  training organization comply with s. 4958 of the Internal
 1333  Revenue Code of 1986, as amended.
 1334         Section 39. Paragraph (c) of subsection (3) of section
 1335  288.11621, Florida Statutes, is amended to read:
 1336         288.11621 Spring training baseball franchises.—
 1337         (3) USE OF FUNDS.—
 1338         (c) The Department of Revenue may not distribute funds to
 1339  an applicant certified on or after July 1, 2010, until it
 1340  receives notice from the department office that the certified
 1341  applicant has encumbered funds under subparagraph (a)2.
 1342         Section 40. Subsection (6) of section 288.1168, Florida
 1343  Statutes, is amended to read:
 1344         288.1168 Professional golf hall of fame facility.—
 1345         (6) The department Office of Tourism, Trade, and Economic
 1346  Development must recertify every 10 years that the facility is
 1347  open, continues to be the only professional golf hall of fame in
 1348  the United States recognized by the PGA Tour, Inc., and is
 1349  meeting the minimum projections for attendance or sales tax
 1350  revenue as required at the time of original certification. If
 1351  the facility is not certified as meeting the minimum
 1352  projections, the PGA Tour, Inc., shall increase its required
 1353  advertising contribution of $2 million annually to $2.5 million
 1354  annually in lieu of reduction of any funds as provided by s.
 1355  212.20. The additional $500,000 must be allocated in its
 1356  entirety for the use and promotion of generic Florida
 1357  advertising as determined by the department Office of Tourism,
 1358  Trade, and Economic Development. If the facility is not open to
 1359  the public or is no longer in use as the only professional golf
 1360  hall of fame in the United States recognized by the PGA Tour,
 1361  Inc., the entire $2.5 million for advertising must be used for
 1362  generic Florida advertising as determined by the department
 1363  Office of Tourism, Trade, and Economic Development.
 1364         Section 41. Subsection (4) of section 288.1171, Florida
 1365  Statutes, is amended to read:
 1366         288.1171 Motorsports entertainment complex; definitions;
 1367  certification; duties.—
 1368         (4) Upon determining that an applicant meets the
 1369  requirements of subsection (3), the department office shall
 1370  notify the applicant and the executive director of the
 1371  Department of Revenue of such certification by means of an
 1372  official letter granting certification. If the applicant fails
 1373  to meet the certification requirements of subsection (3), the
 1374  department office shall notify the applicant not later than 10
 1375  days following such determination.
 1376         Section 42. Paragraph (a) of subsection (8) of section
 1377  288.1254, Florida Statutes, is amended to read:
 1378         288.1254 Entertainment industry financial incentive
 1379  program.—
 1380         (8) RULES, POLICIES, AND PROCEDURES.—
 1381         (a) The department Office of Tourism, Trade, and Economic
 1382  Development may adopt rules pursuant to ss. 120.536(1) and
 1383  120.54 and develop policies and procedures to implement and
 1384  administer this section, including, but not limited to, rules
 1385  specifying requirements for the application and approval
 1386  process, records required for substantiation for tax credits,
 1387  procedures for making the election in paragraph (4)(d), the
 1388  manner and form of documentation required to claim tax credits
 1389  awarded or transferred under this section, and marketing
 1390  requirements for tax credit recipients.
 1391         Section 43. Subsection (2) of section 288.714, Florida
 1392  Statutes, is amended to read:
 1393         288.714 Quarterly and annual reports.—
 1394         (2) The department must compile a summary of all quarterly
 1395  reports and provide a copy of the summary to the board within 30
 1396  days after the end of each calendar quarter which that includes
 1397  a detailed summary of the recipient’s performance of the duties
 1398  imposed by s. 288.7102.
 1399         Section 44. Subsection (7) of section 288.7102, Florida
 1400  Statutes, is amended to read:
 1401         288.7102 Black Business Loan Program.—
 1402         (7) The department, in consultation with the board, shall
 1403  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
 1404  this section.
 1405         Section 45. Subsections (5) and (7) of section 288.987,
 1406  Florida Statutes, are amended to read:
 1407         288.987 Florida Defense Support Task Force.—
 1408         (5) The executive director of the Department of Economic
 1409  Opportunity Office of Tourism, Trade, and Economic Development
 1410  within the Executive Office of the Governor, or his or her
 1411  designee, shall serve as the ex officio, nonvoting executive
 1412  director of the task force.
 1413         (7) The department Office of Tourism, Trade, and Economic
 1414  Development shall contract with the task force for expenditure
 1415  of appropriated funds, which may be used by the task force for
 1416  economic and product research and development, joint planning
 1417  with host communities to accommodate military missions and
 1418  prevent base encroachment, advocacy on the state’s behalf with
 1419  federal civilian and military officials, assistance to school
 1420  districts in providing a smooth transition for large numbers of
 1421  additional military-related students, job training and placement
 1422  for military spouses in communities with high proportions of
 1423  active duty military personnel, and promotion of the state to
 1424  military and related contractors and employers. The task force
 1425  may annually spend up to $200,000 of funds appropriated to the
 1426  department Executive Office of the Governor, Office of Tourism,
 1427  Trade, and Economic Development, for the task force for staffing
 1428  and administrative expenses of the task force, including travel
 1429  and per diem costs incurred by task force members who are not
 1430  otherwise eligible for state reimbursement.
 1431         Section 46. Paragraph (d) of subsection (6) of section
 1432  290.0055, Florida Statutes, is amended to read:
 1433         290.0055 Local nominating procedure.—
 1434         (6)
 1435         (d)1. The governing body of a jurisdiction which has
 1436  nominated an application for an enterprise zone that is no
 1437  larger than 12 square miles and includes a portion of the state
 1438  designated as a rural area of critical economic concern under s.
 1439  288.0656(7) may apply to the department Office of Tourism,
 1440  Trade, and Economic Development to expand the boundary of the
 1441  enterprise zone by not more than 3 square miles. An application
 1442  to expand the boundary of an enterprise zone under this
 1443  paragraph must be submitted by December 31, 2012.
 1444         2. Notwithstanding the area limitations specified in
 1445  subsection (4), the department Office of Tourism, Trade, and
 1446  Economic Development may approve the request for a boundary
 1447  amendment if the area continues to satisfy the remaining
 1448  requirements of this section.
 1449         3. The department Office of Tourism, Trade, and Economic
 1450  Development shall establish the initial effective date of an
 1451  enterprise zone designated under this paragraph.
 1452         Section 47. Paragraph (a) of subsection (4) of section
 1453  290.0065, Florida Statutes, is amended to read:
 1454         290.0065 State designation of enterprise zones.—
 1455         (4)(a) Notwithstanding s. 290.0055, the department may
 1456  redesignate any state enterprise zone having an effective date
 1457  on or before January 1, 2005, as a state enterprise zone upon
 1458  completion and submittal to the department office by the
 1459  governing body for an enterprise zone of the following:
 1460         1. An updated zone profile for the enterprise zone based on
 1461  the most recent census data that complies with s. 290.0055,
 1462  except that pervasive poverty criteria may be set aside for
 1463  rural enterprise zones.
 1464         2. A resolution passed by the governing body for that
 1465  enterprise zone requesting redesignation and explaining the
 1466  reasons the conditions of the zone merit redesignation.
 1467         3. Measurable goals for the enterprise zone developed by
 1468  the enterprise zone development agency, which may be the goals
 1469  established in the enterprise zone’s strategic plan.
 1470  
 1471  The governing body may also submit a request for a boundary
 1472  change in an enterprise zone in the same application to the
 1473  department as long as the new area complies with the
 1474  requirements of s. 290.0055, except that pervasive poverty
 1475  criteria may be set aside for rural enterprise zones.
 1476         Section 48. Section 290.00726, Florida Statutes, is amended
 1477  to read:
 1478         290.00726 Enterprise zone designation for Martin County.
 1479  Martin County may apply to the department Office of Tourism,
 1480  Trade, and Economic Development for designation of one
 1481  enterprise zone for an area within Martin County, which zone
 1482  shall encompass an area of up to 10 square miles consisting of
 1483  land within the primary urban services boundary and focusing on
 1484  Indiantown, but excluding property owned by Florida Power and
 1485  Light to the west, two areas to the north designated as estate
 1486  residential, and the county-owned Timer Powers Recreational
 1487  Area. Within the designated enterprise zone, Martin County shall
 1488  exempt residential condominiums from benefiting from state
 1489  enterprise zone incentives, unless prohibited by law. The
 1490  application must have been submitted by December 31, 2011, and
 1491  must comply with the requirements of s. 290.0055.
 1492  Notwithstanding s. 290.0065 limiting the total number of
 1493  enterprise zones designated and the number of enterprise zones
 1494  within a population category, the department Office of Tourism,
 1495  Trade, and Economic Development may designate one enterprise
 1496  zone under this section. The department Office of Tourism,
 1497  Trade, and Economic Development shall establish the initial
 1498  effective date of the enterprise zone designated under this
 1499  section.
 1500         Section 49. Section 290.00727, Florida Statutes, is amended
 1501  to read:
 1502         290.00727 Enterprise zone designation for the City of Palm
 1503  Bay.—The City of Palm Bay may apply to the department Office of
 1504  Tourism, Trade, and Economic Development for designation of one
 1505  enterprise zone for an area within the northeast portion of the
 1506  city, which zone shall encompass an area of up to 5 square
 1507  miles. The application must have been submitted by December 31,
 1508  2011, and must comply with the requirements of s. 290.0055.
 1509  Notwithstanding s. 290.0065 limiting the total number of
 1510  enterprise zones designated and the number of enterprise zones
 1511  within a population category, the department Office of Tourism,
 1512  Trade, and Economic Development may designate one enterprise
 1513  zone under this section. The department Office of Tourism,
 1514  Trade, and Economic Development shall establish the initial
 1515  effective date of the enterprise zone designated under this
 1516  section.
 1517         Section 50. Section 290.00728, Florida Statutes, is amended
 1518  to read:
 1519         290.00728 Enterprise zone designation for Lake County.—Lake
 1520  County may apply to the department Office of Tourism, Trade, and
 1521  Economic Development for designation of one enterprise zone,
 1522  which zone shall encompass an area of up to 10 square miles
 1523  within Lake County. The application must have been submitted by
 1524  December 31, 2011, and must comply with the requirements of s.
 1525  290.0055. Notwithstanding s. 290.0065 limiting the total number
 1526  of enterprise zones designated and the number of enterprise
 1527  zones within a population category, the department Office of
 1528  Tourism, Trade, and Economic Development may designate one
 1529  enterprise zone under this section. The department Office of
 1530  Tourism, Trade, and Economic Development shall establish the
 1531  initial effective date of the enterprise zone designated under
 1532  this section.
 1533         Section 51. Subsections (1) and (6) of section 311.09,
 1534  Florida Statutes, are amended to read:
 1535         311.09 Florida Seaport Transportation and Economic
 1536  Development Council.—
 1537         (1) The Florida Seaport Transportation and Economic
 1538  Development Council is created within the Department of
 1539  Transportation. The council consists of the following 17 18
 1540  members: the port director, or the port director’s designee, of
 1541  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
 1542  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
 1543  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
 1544  West, and Fernandina; the secretary of the Department of
 1545  Transportation or his or her designee; and the director of the
 1546  Department of Economic Opportunity or his or her designee.
 1547         (6) The Department of Economic Opportunity Community
 1548  Affairs shall review the list of projects approved by the
 1549  council to determine consistency with approved local government
 1550  comprehensive plans of the units of local government in which
 1551  the port is located and consistency with the port master plan.
 1552  The Department of Economic Opportunity Community Affairs shall
 1553  identify and notify the council of those projects that which are
 1554  not consistent, to the maximum extent feasible, with such
 1555  comprehensive plans and port master plans.
 1556         Section 52. Paragraph (b) of subsection (9), paragraph (a)
 1557  of subsection (35), and paragraph (b) of subsection (62) of
 1558  section 320.08058, Florida Statutes, are amended to read:
 1559         320.08058 Specialty license plates.—
 1560         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
 1561         (b) The license plate annual use fees are to be annually
 1562  distributed as follows:
 1563         1. Fifty-five percent of the proceeds from the Florida
 1564  Professional Sports Team plate must be deposited into the
 1565  Professional Sports Development Trust Fund within the Department
 1566  of Economic Opportunity. These funds must be used solely to
 1567  attract and support major sports events in this state. As used
 1568  in this subparagraph, the term “major sports events” means, but
 1569  is not limited to, championship or all-star contests of Major
 1570  League Baseball, the National Basketball Association, the
 1571  National Football League, the National Hockey League, the men’s
 1572  and women’s National Collegiate Athletic Association Final Four
 1573  basketball championship, or a horseracing or dogracing Breeders’
 1574  Cup. All funds must be used to support and promote major
 1575  sporting events, and the uses must be approved by the Department
 1576  of Economic Opportunity Florida Sports Foundation.
 1577         2. The remaining proceeds of the Florida Professional
 1578  Sports Team license plate must be allocated to Enterprise
 1579  Florida, Inc. These funds must be deposited into the
 1580  Professional Sports Development Trust Fund within the Department
 1581  of Economic Opportunity. These funds must be used by Enterprise
 1582  Florida, Inc., to promote the economic development of the sports
 1583  industry; to distribute licensing and royalty fees to
 1584  participating professional sports teams; to promote education
 1585  programs in Florida schools that provide an awareness of the
 1586  benefits of physical activity and nutrition standards; to
 1587  partner with the Department of Education and the Department of
 1588  Health to develop a program that recognizes schools whose
 1589  students demonstrate excellent physical fitness or fitness
 1590  improvement; to institute a grant program for communities
 1591  bidding on minor sporting events that create an economic impact
 1592  for the state; to distribute funds to Florida-based charities
 1593  designated by Enterprise Florida, Inc., and the participating
 1594  professional sports teams; and to fulfill the sports promotion
 1595  responsibilities of the Department of Economic Opportunity.
 1596         3. Enterprise Florida, Inc., shall provide an annual
 1597  financial audit in accordance with s. 215.981 of its financial
 1598  accounts and records by an independent certified public
 1599  accountant pursuant to the contract established by the
 1600  Department of Economic Opportunity. The auditor shall submit the
 1601  audit report to the Department of Economic Opportunity for
 1602  review and approval. If the audit report is approved, the
 1603  Department of Economic Opportunity shall certify the audit
 1604  report to the Auditor General for review.
 1605         4. Notwithstanding the provisions of subparagraphs 1. and
 1606  2., proceeds from the Professional Sports Development Trust Fund
 1607  may also be used for operational expenses of Enterprise Florida,
 1608  Inc., and financial support of the Sunshine State Games.
 1609         (35) FLORIDA GOLF LICENSE PLATES.—
 1610         (a) The Department of Highway Safety and Motor Vehicles
 1611  shall develop a Florida Golf license plate as provided in this
 1612  section. The word “Florida” must appear at the bottom of the
 1613  plate. The Dade Amateur Golf Association, following consultation
 1614  with the PGA TOUR, Enterprise Florida, Inc., the Florida Sports
 1615  Foundation, the LPGA, and the PGA of America, may submit a
 1616  revised sample plate for consideration by the department.
 1617         (62) PROTECT FLORIDA SPRINGS LICENSE PLATES.—
 1618         (b) The annual use fees shall be distributed to the
 1619  Wildlife Foundation of Florida, Inc., a citizen support
 1620  organization created pursuant to s. 379.223, which shall
 1621  administer the fees as follows:
 1622         1. Wildlife Foundation of Florida, Inc., shall retain the
 1623  first $60,000 of the annual use fees as direct reimbursement for
 1624  administrative costs, startup costs, and costs incurred in the
 1625  development and approval process.
 1626         2. Thereafter, a maximum of 10 percent of the fees may be
 1627  used for administrative costs directly associated with education
 1628  programs, conservation, springs research, and grant
 1629  administration of the foundation. A maximum of 15 percent of the
 1630  fees may be used for continuing promotion and marketing of the
 1631  license plate.
 1632         3. At least 55 percent of the fees shall be available for
 1633  competitive grants for targeted community-based springs research
 1634  not currently available for state funding. The remaining 20
 1635  percent shall be directed toward community outreach programs
 1636  aimed at implementing such research findings. The competitive
 1637  grants shall be administered and approved by the board of
 1638  directors of the Wildlife Foundation of Florida. The granting
 1639  advisory committee shall be composed of nine members, including
 1640  one representative from the Fish and Wildlife Conservation
 1641  Commission, one representative from the Department of
 1642  Environmental Protection, one representative from the Department
 1643  of Health, one representative from the Department of Economic
 1644  Opportunity Community Affairs, three citizen representatives,
 1645  and two representatives from nonprofit stakeholder groups.
 1646         4. The remaining funds shall be distributed with the
 1647  approval of and accountability to the board of directors of the
 1648  Wildlife Foundation of Florida, and shall be used to support
 1649  activities contributing to education, outreach, and springs
 1650  conservation.
 1651         Section 53. Paragraph (b) of subsection (5) of section
 1652  339.135, Florida Statutes, is amended to read:
 1653         339.135 Work program; legislative budget request;
 1654  definitions; preparation, adoption, execution, and amendment.—
 1655         (5) ADOPTION OF THE WORK PROGRAM.—
 1656         (b) Notwithstanding paragraph (a), and for the 2011-2012
 1657  fiscal year only, the Department of Transportation shall
 1658  transfer funds to the Department of Economic Opportunity Office
 1659  of Tourism, Trade, and Economic Development in an amount equal
 1660  to $15 million for the purpose of funding transportation-related
 1661  needs of economic development projects. This transfer does shall
 1662  not reduce, delete, or defer any existing projects funded, as of
 1663  July 1, 2011, in the Department of Transportation’s 5-year work
 1664  program. This paragraph expires July 1, 2012.
 1665         Section 54. Subsection (1) of section 342.201, Florida
 1666  Statutes, is amended to read:
 1667         342.201 Waterfronts Florida Program.—
 1668         (1) There is established within the Department of Economic
 1669  Opportunity Environmental Protection the Waterfronts Florida
 1670  Program to provide technical assistance and support to
 1671  communities in revitalizing waterfront areas in this state.
 1672         Section 55. Paragraph (h) of subsection (2) of section
 1673  377.703, Florida Statutes, is amended to read:
 1674         377.703 Additional functions of the Department of
 1675  Agriculture and Consumer Services.—
 1676         (2) DUTIES.—The department shall perform the following
 1677  functions, unless as otherwise provided, consistent with the
 1678  development of a state energy policy:
 1679         (h) The department shall promote the development and use of
 1680  renewable energy resources, in conformance with the provisions
 1681  of chapter 187 and s. 377.601, by:
 1682         1. Establishing goals and strategies for increasing the use
 1683  of solar energy in this state.
 1684         2. Aiding and promoting the commercialization of solar
 1685  energy technology, in cooperation with the Florida Solar Energy
 1686  Center, Enterprise Florida, Inc., and any other federal, state,
 1687  or local governmental agency which may seek to promote research,
 1688  development, and demonstration of solar energy equipment and
 1689  technology.
 1690         3. Identifying barriers to greater use of solar energy
 1691  systems in this state, and developing specific recommendations
 1692  for overcoming identified barriers, with findings and
 1693  recommendations to be submitted annually in the report to the
 1694  Governor and Legislature required under paragraph (f).
 1695         4. In cooperation with the Department of Environmental
 1696  Protection, the Department of Transportation, the Department of
 1697  Economic Opportunity Community Affairs, Enterprise Florida,
 1698  Inc., the Florida Solar Energy Center, and the Florida Solar
 1699  Energy Industries Association, investigating opportunities,
 1700  pursuant to the National Energy Policy Act of 1992, the Housing
 1701  and Community Development Act of 1992, and any subsequent
 1702  federal legislation, for solar electric vehicles and other solar
 1703  energy manufacturing, distribution, installation, and financing
 1704  efforts which will enhance this state’s position as the leader
 1705  in solar energy research, development, and use.
 1706         5. Undertaking other initiatives to advance the development
 1707  and use of renewable energy resources in this state.
 1708  
 1709  In the exercise of its responsibilities under this paragraph,
 1710  the department shall seek the assistance of the solar energy
 1711  industry in this state and other interested parties and is
 1712  authorized to enter into contracts, retain professional
 1713  consulting services, and expend funds appropriated by the
 1714  Legislature for such purposes.
 1715         Section 56. Paragraphs (c) and (d) of subsection (4) of
 1716  section 377.809, Florida Statutes, are amended to read:
 1717         377.809 Energy Economic Zone Pilot Program.—
 1718         (4)
 1719         (c) Upon approving an incentive for an eligible business,
 1720  the governing body that has jurisdiction over the energy
 1721  economic zone shall provide the taxpayer with a certificate
 1722  indicating the name and federal identification number of the
 1723  eligible business, the date the incentive is provided, the name
 1724  of the energy economic zone, the incentive type, and the
 1725  incentive amount. The local governing body shall certify to the
 1726  Department of Revenue or the Department of Economic Opportunity
 1727  Office of Tourism, Trade, and Economic Development, whichever is
 1728  applicable, which businesses or properties are eligible to
 1729  receive any or all of the state incentives according to their
 1730  statutory requirements. The governing body that has jurisdiction
 1731  over the energy economic zone shall provide a copy of the
 1732  certificate to the Department of Revenue and the Department of
 1733  Economic Opportunity Office of Tourism, Trade, and Economic
 1734  Development as notification that such incentives were approved
 1735  for the specific eligible business or property. For incentives
 1736  to be claimed against the sales and use tax under chapter 212,
 1737  the Department of Revenue shall send, within 14 days after
 1738  receipt, written instructions to an eligible business on how to
 1739  claim the credit on a sales and use tax return initiated through
 1740  an electronic data interchange. Any credit against the sales and
 1741  use tax shall be deducted from any sales and use tax remitted by
 1742  the dealer to the Department of Revenue by electronic funds
 1743  transfer and may be deducted only on a sales and use tax return
 1744  initiated through an electronic data interchange. The dealer
 1745  shall separately state the credit on the electronic return. The
 1746  net amount of tax due and payable must be remitted by electronic
 1747  funds transfer. If the credit exceeds the amount owed on the
 1748  sales and use tax return, such excess amount may be carried
 1749  forward for a period not to exceed 12 months after the date that
 1750  the credit is initially claimed.
 1751         (d) If all conditions are deemed met, the Department of
 1752  Economic Opportunity Office of Tourism, Trade, and Economic
 1753  Development and the Department of Revenue may adopt emergency
 1754  rules pursuant to ss. 120.536(1) and 120.54 to administer the
 1755  provisions of this subsection. The emergency rules shall remain
 1756  in effect for 6 months after the rules are adopted, and the
 1757  rules may be renewed while the procedures to adopt permanent
 1758  rules addressing the subject of the emergency rules are pending.
 1759         Section 57. Paragraph (b) of subsection (6), paragraph (b)
 1760  of subsection (19), paragraphs (l) and (q) of subsection (24),
 1761  and paragraphs (b) and (c) of subsection (29) of section 380.06,
 1762  Florida Statutes, are amended to read:
 1763         380.06 Developments of regional impact.—
 1764         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
 1765  PLAN AMENDMENTS.—
 1766         (b) Any local government comprehensive plan amendments
 1767  related to a proposed development of regional impact, including
 1768  any changes proposed under subsection (19), may be initiated by
 1769  a local planning agency or the developer and must be considered
 1770  by the local governing body at the same time as the application
 1771  for development approval using the procedures provided for local
 1772  plan amendment in s. 163.3187 and applicable local ordinances,
 1773  without regard to local limits on the frequency of consideration
 1774  of amendments to the local comprehensive plan. This paragraph
 1775  does not require favorable consideration of a plan amendment
 1776  solely because it is related to a development of regional
 1777  impact. The procedure for processing such comprehensive plan
 1778  amendments is as follows:
 1779         1. If a developer seeks a comprehensive plan amendment
 1780  related to a development of regional impact, the developer must
 1781  so notify in writing the regional planning agency, the
 1782  applicable local government, and the state land planning agency
 1783  no later than the date of preapplication conference or the
 1784  submission of the proposed change under subsection (19).
 1785         2. When filing the application for development approval or
 1786  the proposed change, the developer must include a written
 1787  request for comprehensive plan amendments that would be
 1788  necessitated by the development-of-regional-impact approvals
 1789  sought. That request must include data and analysis upon which
 1790  the applicable local government can determine whether to
 1791  transmit the comprehensive plan amendment pursuant to s.
 1792  163.3184.
 1793         3. The local government must advertise a public hearing on
 1794  the transmittal within 30 days after filing the application for
 1795  development approval or the proposed change and must make a
 1796  determination on the transmittal within 60 days after the
 1797  initial filing unless that time is extended by the developer.
 1798         4. If the local government approves the transmittal,
 1799  procedures set forth in s. 163.3184(3)(b) and (c)
 1800  163.3184(4)(b)-(d) must be followed.
 1801         5. Notwithstanding subsection (11) or subsection (19), the
 1802  local government may not hold a public hearing on the
 1803  application for development approval or the proposed change or
 1804  on the comprehensive plan amendments sooner than 30 days after
 1805  from receipt of the response from the state land planning agency
 1806  pursuant to s. 163.3184(3)(c)1. 163.3184(4)(d).
 1807         6. The local government must hear both the application for
 1808  development approval or the proposed change and the
 1809  comprehensive plan amendments at the same hearing. However, the
 1810  local government must take action separately on the application
 1811  for development approval or the proposed change and on the
 1812  comprehensive plan amendments.
 1813         7. Thereafter, the appeal process for the local government
 1814  development order must follow the provisions of s. 380.07, and
 1815  the compliance process for the comprehensive plan amendments
 1816  must follow the provisions of s. 163.3184.
 1817         (19) SUBSTANTIAL DEVIATIONS.—
 1818         (b) Any proposed change to a previously approved
 1819  development of regional impact or development order condition
 1820  which, either individually or cumulatively with other changes,
 1821  exceeds any of the following criteria shall constitute a
 1822  substantial deviation and shall cause the development to be
 1823  subject to further development-of-regional-impact review without
 1824  the necessity for a finding of same by the local government:
 1825         1. An increase in the number of parking spaces at an
 1826  attraction or recreational facility by 15 percent or 500 spaces,
 1827  whichever is greater, or an increase in the number of spectators
 1828  that may be accommodated at such a facility by 15 percent or
 1829  1,500 spectators, whichever is greater.
 1830         2. A new runway, a new terminal facility, a 25 percent 25
 1831  percent lengthening of an existing runway, or a 25 percent 25
 1832  percent increase in the number of gates of an existing terminal,
 1833  but only if the increase adds at least three additional gates.
 1834         3. An increase in land area for office development by 15
 1835  percent or an increase of gross floor area of office development
 1836  by 15 percent or 100,000 gross square feet, whichever is
 1837  greater.
 1838         4. An increase in the number of dwelling units by 10
 1839  percent or 55 dwelling units, whichever is greater.
 1840         5. An increase in the number of dwelling units by 50
 1841  percent or 200 units, whichever is greater, provided that 15
 1842  percent of the proposed additional dwelling units are dedicated
 1843  to affordable workforce housing, subject to a recorded land use
 1844  restriction that shall be for a period of not less than 20 years
 1845  and that includes resale provisions to ensure long-term
 1846  affordability for income-eligible homeowners and renters and
 1847  provisions for the workforce housing to be commenced prior to
 1848  the completion of 50 percent of the market rate dwelling. For
 1849  purposes of this subparagraph, the term “affordable workforce
 1850  housing” means housing that is affordable to a person who earns
 1851  less than 120 percent of the area median income, or less than
 1852  140 percent of the area median income if located in a county in
 1853  which the median purchase price for a single-family existing
 1854  home exceeds the statewide median purchase price of a single
 1855  family existing home. For purposes of this subparagraph, the
 1856  term “statewide median purchase price of a single-family
 1857  existing home” means the statewide purchase price as determined
 1858  in the Florida Sales Report, Single-Family Existing Homes,
 1859  released each January by the Florida Association of Realtors and
 1860  the University of Florida Real Estate Research Center.
 1861         6. An increase in commercial development by 60,000 square
 1862  feet of gross floor area or of parking spaces provided for
 1863  customers for 425 cars or a 10 percent 10-percent increase,
 1864  whichever is greater.
 1865         7. An increase in a recreational vehicle park area by 10
 1866  percent or 110 vehicle spaces, whichever is less.
 1867         8. A decrease in the area set aside for open space of 5
 1868  percent or 20 acres, whichever is less.
 1869         9. A proposed increase to an approved multiuse development
 1870  of regional impact where the sum of the increases of each land
 1871  use as a percentage of the applicable substantial deviation
 1872  criteria is equal to or exceeds 110 percent. The percentage of
 1873  any decrease in the amount of open space shall be treated as an
 1874  increase for purposes of determining when 110 percent has been
 1875  reached or exceeded.
 1876         10. A 15 percent 15-percent increase in the number of
 1877  external vehicle trips generated by the development above that
 1878  which was projected during the original development-of-regional
 1879  impact review.
 1880         11. Any change that which would result in development of
 1881  any area which was specifically set aside in the application for
 1882  development approval or in the development order for
 1883  preservation or special protection of endangered or threatened
 1884  plants or animals designated as endangered, threatened, or
 1885  species of special concern and their habitat, any species
 1886  protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
 1887  archaeological and historical sites designated as significant by
 1888  the Division of Historical Resources of the Department of State.
 1889  The refinement of the boundaries and configuration of such areas
 1890  shall be considered under sub-subparagraph (e)2.j.
 1891  
 1892  The substantial deviation numerical standards in subparagraphs
 1893  3., 6., and 9., excluding residential uses, and in subparagraph
 1894  10., are increased by 100 percent for a project certified under
 1895  s. 403.973 which creates jobs and meets criteria established by
 1896  the Department of Economic Opportunity Office of Tourism, Trade,
 1897  and Economic Development as to its impact on an area’s economy,
 1898  employment, and prevailing wage and skill levels. The
 1899  substantial deviation numerical standards in subparagraphs 3.,
 1900  4., 5., 6., 9., and 10. are increased by 50 percent for a
 1901  project located wholly within an urban infill and redevelopment
 1902  area designated on the applicable adopted local comprehensive
 1903  plan future land use map and not located within the coastal high
 1904  hazard area.
 1905         (24) STATUTORY EXEMPTIONS.—
 1906         (l) Any proposed development within an urban service
 1907  boundary established under s. 163.3177(14), Florida Statutes
 1908  (2010), which is not otherwise exempt pursuant to subsection
 1909  (29), is exempt from this section if the local government having
 1910  jurisdiction over the area where the development is proposed has
 1911  adopted the urban service boundary and has entered into a
 1912  binding agreement with jurisdictions that would be impacted and
 1913  with the Department of Transportation regarding the mitigation
 1914  of impacts on state and regional transportation facilities.
 1915         (q) Any development identified in an airport master plan
 1916  and adopted into the comprehensive plan pursuant to s.
 1917  163.3177(6)(k), Florida Statutes (2010) is exempt from this
 1918  section.
 1919  
 1920  If a use is exempt from review as a development of regional
 1921  impact under paragraphs (a)-(u), but will be part of a larger
 1922  project that is subject to review as a development of regional
 1923  impact, the impact of the exempt use must be included in the
 1924  review of the larger project, unless such exempt use involves a
 1925  development of regional impact that includes a landowner,
 1926  tenant, or user that has entered into a funding agreement with
 1927  the Department of Economic Opportunity under the Innovation
 1928  Incentive Program and the agreement contemplates a state award
 1929  of at least $50 million.
 1930         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 1931         (b) If a municipality that does not qualify as a dense
 1932  urban land area pursuant to s. 163.3164 designates any of the
 1933  following areas in its comprehensive plan, any proposed
 1934  development within the designated area is exempt from the
 1935  development-of-regional-impact process:
 1936         1. Urban infill as defined in s. 163.3164;
 1937         2. Community redevelopment areas as defined in s. 163.340;
 1938         3. Downtown revitalization areas as defined in s. 163.3164;
 1939         4. Urban infill and redevelopment under s. 163.2517; or
 1940         5. Urban service areas as defined in s. 163.3164 or areas
 1941  within a designated urban service boundary under s.
 1942  163.3177(14).
 1943         (c) If a county that does not qualify as a dense urban land
 1944  area pursuant to s. 163.3164 designates any of the following
 1945  areas in its comprehensive plan, any proposed development within
 1946  the designated area is exempt from the development-of-regional
 1947  impact process:
 1948         1. Urban infill as defined in s. 163.3164;
 1949         2. Urban infill and redevelopment under s. 163.2517; or
 1950         3. Urban service areas as defined in s. 163.3164.
 1951         Section 58. Paragraph (a) of subsection (4) of section
 1952  402.56, Florida Statutes, is amended to read:
 1953         402.56 Children’s cabinet; organization; responsibilities;
 1954  annual report.—
 1955         (4) MEMBERS.—The cabinet shall consist of 14 members
 1956  including the Governor and the following persons:
 1957         (a)1. The Secretary of Children and Family Services;
 1958         2. The Secretary of Juvenile Justice;
 1959         3. The director of the Agency for Persons with
 1960  Disabilities;
 1961         4. The director of the Office Division of Early Learning;
 1962         5. The State Surgeon General;
 1963         6. The Secretary of Health Care Administration;
 1964         7. The Commissioner of Education;
 1965         8. The director of the Statewide Guardian Ad Litem Office;
 1966         9. The director of the Office of Child Abuse Prevention;
 1967  and
 1968         10. Five members representing children and youth advocacy
 1969  organizations, who are not service providers and who are
 1970  appointed by the Governor.
 1971         Section 59. Subsection (6) of section 403.0891, Florida
 1972  Statutes, is amended to read:
 1973         403.0891 State, regional, and local stormwater management
 1974  plans and programs.—The department, the water management
 1975  districts, and local governments shall have the responsibility
 1976  for the development of mutually compatible stormwater management
 1977  programs.
 1978         (6) The department and the Department of Economic
 1979  Opportunity Community Affairs, in cooperation with local
 1980  governments in the coastal zone, shall develop a model
 1981  stormwater management program that could be adopted by local
 1982  governments. The model program shall contain dedicated funding
 1983  options, including a stormwater utility fee system based upon an
 1984  equitable unit cost approach. Funding options shall be designed
 1985  to generate capital to retrofit existing stormwater management
 1986  systems, build new treatment systems, operate facilities, and
 1987  maintain and service debt.
 1988         Section 60. Subsection (8) of section 420.503, Florida
 1989  Statutes, is amended to read:
 1990         420.503 Definitions.—As used in this part, the term:
 1991         (8) “Contract” means the contract between the executive
 1992  director secretary of the department and the corporation for
 1993  provision of housing services referenced in s. 420.0006.
 1994         Section 61. Subsection (30) of section 420.507, Florida
 1995  Statutes, is amended to read:
 1996         420.507 Powers of the corporation.—The corporation shall
 1997  have all the powers necessary or convenient to carry out and
 1998  effectuate the purposes and provisions of this part, including
 1999  the following powers which are in addition to all other powers
 2000  granted by other provisions of this part:
 2001         (30) To prepare and submit to the executive director
 2002  secretary of the department a budget request for purposes of the
 2003  corporation, which request shall, notwithstanding the provisions
 2004  of chapter 216 and in accordance with s. 216.351, contain a
 2005  request for operational expenditures and separate requests for
 2006  other authorized corporation programs. The request need shall
 2007  not be required to contain information on the number of
 2008  employees, salaries, or any classification thereof, and the
 2009  approved operating budget therefor need not comply with s.
 2010  216.181(8)-(10). The executive director may secretary is
 2011  authorized to include within the department’s budget request the
 2012  corporation’s budget request in the form as authorized by this
 2013  section.
 2014         Section 62. Paragraph (d) of subsection (1) of section
 2015  420.101, Florida Statutes, is amended to read:
 2016         420.101 Housing Development Corporation of Florida;
 2017  creation, membership, and purposes.—
 2018         (1) Twenty-five or more persons, a majority of whom shall
 2019  be residents of this state, who may desire to create a housing
 2020  development corporation under the provisions of this part for
 2021  the purpose of promoting and developing housing and advancing
 2022  the prosperity and economic welfare of the state and, to that
 2023  end, to exercise the powers and privileges hereinafter provided,
 2024  may be incorporated by filing in the Department of State, as
 2025  hereinafter provided, articles of incorporation. The articles of
 2026  incorporation shall contain:
 2027         (d) The names and post office addresses of the members of
 2028  the first board of directors. The first board of directors shall
 2029  be elected by and from the stockholders of the corporation and
 2030  shall consist of 21 members. However, five of such members shall
 2031  consist of the following persons, who shall be nonvoting
 2032  members: the executive director secretary of the Department of
 2033  Economic Opportunity or her or his designee; the head of the
 2034  Department of Financial Services or her or his designee with
 2035  expertise in banking matters; a designee of the head of the
 2036  Department of Financial Services with expertise in insurance
 2037  matters; one state senator appointed by the President of the
 2038  Senate; and one representative appointed by the Speaker of the
 2039  House of Representatives.
 2040         Section 63. Section 420.0005, Florida Statutes, is amended
 2041  to read:
 2042         420.0005 State Housing Trust Fund; State Housing Fund.
 2043  There is hereby established in the State Treasury a separate
 2044  trust fund to be named the “State Housing Trust Fund.” There
 2045  shall be deposited in the fund all moneys appropriated by the
 2046  Legislature, or moneys received from any other source, for the
 2047  purpose of this chapter, and all proceeds derived from the use
 2048  of such moneys. The fund shall be administered by the Florida
 2049  Housing Finance Corporation on behalf of the department, as
 2050  specified in this chapter. Money deposited to the fund and
 2051  appropriated by the Legislature must, notwithstanding the
 2052  provisions of chapter 216 or s. 420.504(3), be transferred
 2053  quarterly in advance, to the extent available, or, if not so
 2054  available, as soon as received into the State Housing Trust
 2055  Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
 2056  by the Chief Financial Officer to the corporation upon
 2057  certification by the executive director of the Department of
 2058  Economic Opportunity that the corporation is in compliance with
 2059  the requirements of s. 420.0006. The certification made by the
 2060  executive director secretary shall also include the split of
 2061  funds among programs administered by the corporation and the
 2062  department as specified in chapter 92-317, Laws of Florida, as
 2063  amended. Moneys advanced by the Chief Financial Officer must be
 2064  deposited by the corporation into a separate fund established
 2065  with a qualified public depository meeting the requirements of
 2066  chapter 280 to be named the “State Housing Fund” and used for
 2067  the purposes of this chapter. Administrative and personnel costs
 2068  incurred in implementing this chapter may be paid from the State
 2069  Housing Fund, but such costs may not exceed 5 percent of the
 2070  moneys deposited into such fund. To the State Housing Fund shall
 2071  be credited all loan repayments, penalties, and other fees and
 2072  charges accruing to such fund under this chapter. It is the
 2073  intent of this chapter that all loan repayments, penalties, and
 2074  other fees and charges collected be credited in full to the
 2075  program account from which the loan originated. Moneys in the
 2076  State Housing Fund which are not currently needed for the
 2077  purposes of this chapter shall be invested in such manner as is
 2078  provided for by statute. The interest received on any such
 2079  investment shall be credited to the State Housing Fund.
 2080         Section 64. Section 420.0006, Florida Statutes, is amended
 2081  to read:
 2082         420.0006 Authority to contract with corporation; contract
 2083  requirements; nonperformance.—The executive director secretary
 2084  of the department shall contract, notwithstanding the provisions
 2085  of part I of chapter 287, with the Florida Housing Finance
 2086  Corporation on a multiyear basis to stimulate, provide, and
 2087  foster affordable housing in the state. The contract must
 2088  incorporate the performance measures required by s. 420.511 and
 2089  must be consistent with the provisions of the corporation’s
 2090  strategic plan prepared in accordance with s. 420.511. The
 2091  contract must provide that, in the event the corporation fails
 2092  to comply with any of the performance measures required by s.
 2093  420.511, the executive director secretary shall notify the
 2094  Governor and shall refer the nonperformance to the department’s
 2095  inspector general for review and determination as to whether
 2096  such failure is due to forces beyond the corporation’s control
 2097  or whether such failure is due to inadequate management of the
 2098  corporation’s resources. Advances shall continue to be made
 2099  pursuant to s. 420.0005 during the pendency of the review by the
 2100  department’s inspector general. If such failure is due to
 2101  outside forces, it shall not be deemed a violation of the
 2102  contract. If such failure is due to inadequate management, the
 2103  department’s inspector general shall provide recommendations
 2104  regarding solutions. The Governor is authorized to resolve any
 2105  differences of opinion with respect to performance under the
 2106  contract and may request that advances continue in the event of
 2107  a failure under the contract due to inadequate management. The
 2108  Chief Financial Officer shall approve the request absent a
 2109  finding by the Chief Financial Officer that continuing such
 2110  advances would adversely impact the state; however, in any event
 2111  the Chief Financial Officer shall provide advances sufficient to
 2112  meet the debt service requirements of the corporation and
 2113  sufficient to fund contracts committing funds from the State
 2114  Housing Trust Fund so long as such contracts are in accordance
 2115  with the laws of this state.
 2116         Section 65. Subsection (26) of section 443.036, Florida
 2117  Statutes, is amended to read:
 2118         443.036 Definitions.—As used in this chapter, the term:
 2119         (26) “Initial skills review” means an online education or
 2120  training program, such as that established under s. 1004.99,
 2121  which that is approved by the Department of Economic Opportunity
 2122  Agency for Workforce Innovation and designed to measure an
 2123  individual’s mastery level of workplace skills.
 2124         Section 66. Paragraphs (c) and (d) of subsection (1) of
 2125  section 443.091, Florida Statutes, are amended to read:
 2126         443.091 Benefit eligibility conditions.—
 2127         (1) An unemployed individual is eligible to receive
 2128  benefits for any week only if the Department of Economic
 2129  Opportunity finds that:
 2130         (c) To make continued claims for benefits, she or he is
 2131  reporting to the department in accordance with this paragraph
 2132  and department agency rules, and participating in an initial
 2133  skills review as directed by the department agency. Department
 2134  Agency rules may not conflict with s. 443.111(1)(b), which
 2135  requires that each claimant continue to report regardless of any
 2136  pending appeal relating to her or his eligibility or
 2137  disqualification for benefits.
 2138         1. For each week of unemployment claimed, each report must,
 2139  at a minimum, include the name, address, and telephone number of
 2140  each prospective employer contacted, or the date the claimant
 2141  reported to a one-stop career center, pursuant to paragraph (d).
 2142         2. The administrator or operator of the initial skills
 2143  review shall notify the department agency when the individual
 2144  completes the initial skills review and report the results of
 2145  the review to the regional workforce board or the one-stop
 2146  career center as directed by the workforce board. The workforce
 2147  board shall use the initial skills review to develop a plan for
 2148  referring individuals to training and employment opportunities.
 2149  The failure of the individual to comply with this requirement
 2150  will result in the individual being determined ineligible for
 2151  benefits for the week in which the noncompliance occurred and
 2152  for any subsequent week of unemployment until the requirement is
 2153  satisfied. However, this requirement does not apply if the
 2154  individual is able to affirmatively attest to being unable to
 2155  complete such review due to illiteracy or a language impediment.
 2156         (d) She or he is able to work and is available for work. In
 2157  order to assess eligibility for a claimed week of unemployment,
 2158  the department shall develop criteria to determine a claimant’s
 2159  ability to work and availability for work. A claimant must be
 2160  actively seeking work in order to be considered available for
 2161  work. This means engaging in systematic and sustained efforts to
 2162  find work, including contacting at least five prospective
 2163  employers for each week of unemployment claimed. The department
 2164  agency may require the claimant to provide proof of such efforts
 2165  to the one-stop career center as part of reemployment services.
 2166  The department agency shall conduct random reviews of work
 2167  search information provided by claimants. As an alternative to
 2168  contacting at least five prospective employers for any week of
 2169  unemployment claimed, a claimant may, for that same week, report
 2170  in person to a one-stop career center to meet with a
 2171  representative of the center and access reemployment services of
 2172  the center. The center shall keep a record of the services or
 2173  information provided to the claimant and shall provide the
 2174  records to the department agency upon request by the department
 2175  agency. However:
 2176         1. Notwithstanding any other provision of this paragraph or
 2177  paragraphs (b) and (e), an otherwise eligible individual may not
 2178  be denied benefits for any week because she or he is in training
 2179  with the approval of the department, or by reason of s.
 2180  443.101(2) relating to failure to apply for, or refusal to
 2181  accept, suitable work. Training may be approved by the
 2182  department in accordance with criteria prescribed by rule. A
 2183  claimant’s eligibility during approved training is contingent
 2184  upon satisfying eligibility conditions prescribed by rule.
 2185         2. Notwithstanding any other provision of this chapter, an
 2186  otherwise eligible individual who is in training approved under
 2187  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
 2188  determined ineligible or disqualified for benefits due to
 2189  enrollment in such training or because of leaving work that is
 2190  not suitable employment to enter such training. As used in this
 2191  subparagraph, the term “suitable employment” means work of a
 2192  substantially equal or higher skill level than the worker’s past
 2193  adversely affected employment, as defined for purposes of the
 2194  Trade Act of 1974, as amended, the wages for which are at least
 2195  80 percent of the worker’s average weekly wage as determined for
 2196  purposes of the Trade Act of 1974, as amended.
 2197         3. Notwithstanding any other provision of this section, an
 2198  otherwise eligible individual may not be denied benefits for any
 2199  week because she or he is before any state or federal court
 2200  pursuant to a lawfully issued summons to appear for jury duty.
 2201         Section 67. Paragraph (a) of subsection (5) of section
 2202  443.111, Florida Statutes, is amended to read:
 2203         443.111 Payment of benefits.—
 2204         (5) DURATION OF BENEFITS.—
 2205         (a) As used in this section, the term “Florida average
 2206  unemployment rate” means the average of the 3 months for the
 2207  most recent third calendar year quarter of the seasonally
 2208  adjusted statewide unemployment rates as published by the
 2209  Department of Economic Opportunity Agency for Workforce
 2210  Innovation.
 2211         Section 68. Paragraph (b) of subsection (1) of section
 2212  443.141, Florida Statutes, is amended to read:
 2213         443.141 Collection of contributions and reimbursements.—
 2214         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
 2215  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
 2216         (b) Penalty for delinquent, erroneous, incomplete, or
 2217  insufficient reports.—
 2218         1. An employing unit that fails to file any report required
 2219  by the Department of Economic Opportunity or its tax collection
 2220  service provider, in accordance with rules for administering
 2221  this chapter, shall pay to the service provider for each
 2222  delinquent report the sum of $25 for each 30 days or fraction
 2223  thereof that the employing unit is delinquent, unless the
 2224  department agency or its service provider, whichever required
 2225  the report, finds that the employing unit has good reason for
 2226  failing to file the report. The department or its service
 2227  provider may assess penalties only through the date of the
 2228  issuance of the final assessment notice. However, additional
 2229  penalties accrue if the delinquent report is subsequently filed.
 2230         2.a. An employing unit that files an erroneous, incomplete,
 2231  or insufficient report with the department or its tax collection
 2232  service provider shall pay a penalty. The amount of the penalty
 2233  is $50 or 10 percent of any tax due, whichever is greater, but
 2234  no more than $300 per report. The penalty shall be added to any
 2235  tax, penalty, or interest otherwise due.
 2236         b. The department or its tax collection service provider
 2237  shall waive the penalty if the employing unit files an accurate,
 2238  complete, and sufficient report within 30 days after a penalty
 2239  notice is issued to the employing unit. The penalty may not be
 2240  waived pursuant to this subparagraph more than one time during a
 2241  12-month period.
 2242         c. As used in this subsection, the term “erroneous,
 2243  incomplete, or insufficient report” means a report so lacking in
 2244  information, completeness, or arrangement that the report cannot
 2245  be readily understood, verified, or reviewed. Such reports
 2246  include, but are not limited to, reports having missing wage or
 2247  employee information, missing or incorrect social security
 2248  numbers, or illegible entries; reports submitted in a format
 2249  that is not approved by the department or its tax collection
 2250  service provider; and reports showing gross wages that do not
 2251  equal the total of the wages of each employee. However, the term
 2252  does not include a report that merely contains inaccurate data
 2253  that was supplied to the employer by the employee, if the
 2254  employer was unaware of the inaccuracy.
 2255         3. Penalties imposed pursuant to this paragraph shall be
 2256  deposited in the Special Employment Security Administration
 2257  Trust Fund.
 2258         4. The penalty and interest for a delinquent, erroneous,
 2259  incomplete, or insufficient report may be waived if the penalty
 2260  or interest is inequitable. The provisions of s. 213.24(1) apply
 2261  to any penalty or interest that is imposed under this section.
 2262         Section 69. Paragraph (b) of subsection (2) of section
 2263  443.1715, Florida Statutes, is amended to read:
 2264         443.1715 Disclosure of information; confidentiality.—
 2265         (2) DISCLOSURE OF INFORMATION.—
 2266         (b) The employer or the employer’s workers’ compensation
 2267  carrier against whom a claim for benefits under chapter 440 has
 2268  been made, or a representative of either, may request from the
 2269  department records of wages of the employee reported to the
 2270  department by any employer for the quarter that includes the
 2271  date of the accident that is the subject of such claim and for
 2272  subsequent quarters.
 2273         1. The request must be made with the authorization or
 2274  consent of the employee or any employer who paid wages to the
 2275  employee after the date of the accident.
 2276         2. The employer or carrier shall make the request on a form
 2277  prescribed by rule for such purpose by the department agency.
 2278  Such form shall contain a certification by the requesting party
 2279  that it is a party entitled to the information requested.
 2280         3. The department shall provide the most current
 2281  information readily available within 15 days after receiving the
 2282  request.
 2283         Section 70. Subsections (1), (2), (4), (5), (6), and (7) of
 2284  section 443.17161, Florida Statutes, are amended to read:
 2285         443.17161 Authorized electronic access to employer
 2286  information.—
 2287         (1) Notwithstanding any other provision of this chapter,
 2288  the Department of Economic Opportunity Agency for Workforce
 2289  Innovation shall contract with one or more consumer reporting
 2290  agencies to provide users with secured electronic access to
 2291  employer-provided information relating to the quarterly wages
 2292  report submitted in accordance with the state’s unemployment
 2293  compensation law. The access is limited to the wage reports for
 2294  the appropriate amount of time for the purpose the information
 2295  is requested.
 2296         (2) Users must obtain consent in writing or by electronic
 2297  signature from an applicant for credit, employment, or other
 2298  permitted purposes. Any written or electronic signature consent
 2299  from an applicant must be signed and must include the following:
 2300         (a) Specific notice that information concerning the
 2301  applicant’s wage and employment history will be released to a
 2302  consumer reporting agency;
 2303         (b) Notice that the release is made for the sole purpose of
 2304  reviewing the specific application for credit, employment, or
 2305  other permitted purpose made by the applicant;
 2306         (c) Notice that the files of the Department of Economic
 2307  Opportunity Agency for Workforce Innovation or its tax
 2308  collection service provider containing information concerning
 2309  wage and employment history which is submitted by the applicant
 2310  or his or her employers may be accessed; and
 2311         (d) A listing of the parties authorized to receive the
 2312  released information.
 2313         (4) If a consumer reporting agency or user violates this
 2314  section, the Department of Economic Opportunity Agency for
 2315  Workforce Innovation shall, upon 30 days’ written notice to the
 2316  consumer reporting agency, terminate the contract established
 2317  between the Department of Economic Opportunity Agency for
 2318  Workforce Innovation and the consumer reporting agency or
 2319  require the consumer reporting agency to terminate the contract
 2320  established between the consumer reporting agency and the user
 2321  under this section.
 2322         (5) The Department of Economic Opportunity Agency for
 2323  Workforce Innovation shall establish minimum audit, security,
 2324  net worth, and liability insurance standards, technical
 2325  requirements, and any other terms and conditions considered
 2326  necessary in the discretion of the state agency to safeguard the
 2327  confidentiality of the information released under this section
 2328  and to otherwise serve the public interest. The Department of
 2329  Economic Opportunity Agency for Workforce Innovation shall also
 2330  include, in coordination with any necessary state agencies,
 2331  necessary audit procedures to ensure that these rules are
 2332  followed.
 2333         (6) In contracting with one or more consumer reporting
 2334  agencies under this section, any revenues generated by the
 2335  contract must be used to pay the entire cost of providing access
 2336  to the information. Further, in accordance with federal
 2337  regulations, any additional revenues generated by the Department
 2338  of Economic Opportunity Agency for Workforce Innovation or the
 2339  state under this section must be paid into the Administrative
 2340  Trust Fund of the Department of Economic Opportunity Agency for
 2341  Workforce Innovation for the administration of the unemployment
 2342  compensation system or be used as program income.
 2343         (7) The Department of Economic Opportunity Agency for
 2344  Workforce Innovation may not provide wage and employment history
 2345  information to any consumer reporting agency before the consumer
 2346  reporting agency or agencies under contract with the Department
 2347  of Economic Opportunity Agency for Workforce Innovation pay all
 2348  development and other startup costs incurred by the state in
 2349  connection with the design, installation, and administration of
 2350  technological systems and procedures for the electronic access
 2351  program.
 2352         Section 71. Subsection (2) of section 446.50, Florida
 2353  Statutes, is amended to read:
 2354         446.50 Displaced homemakers; multiservice programs; report
 2355  to the Legislature; Displaced Homemaker Trust Fund created.—
 2356         (2) DEFINITION.—For the purposes of this section, the term
 2357  “displaced homemaker” means an individual who:
 2358         (a) Is 35 years of age or older;
 2359         (b) Has worked in the home, providing unpaid household
 2360  services for family members;
 2361         (c) Is not adequately employed, as defined by rule of the
 2362  department agency;
 2363         (d) Has had, or would have, difficulty in securing adequate
 2364  employment; and
 2365         (e) Has been dependent on the income of another family
 2366  member but is no longer supported by such income, or has been
 2367  dependent on federal assistance.
 2368         Section 72. Section 450.261, Florida Statutes, is amended
 2369  to read:
 2370         450.261 Interstate Migrant Labor Commission; Florida
 2371  membership.—In selecting the Florida membership of the
 2372  Interstate Migrant Labor Commission, the Governor may designate
 2373  the executive director secretary of the Department of Economic
 2374  Opportunity as his or her representative.
 2375         Section 73. Paragraph (c) of subsection (7) of section
 2376  509.032, Florida Statutes, is amended to read:
 2377         509.032 Duties.—
 2378         (7) PREEMPTION AUTHORITY.—
 2379         (c) Paragraph (b) does not apply to any local law,
 2380  ordinance, or regulation exclusively relating to property
 2381  valuation as a criterion for vacation rental if the local law,
 2382  ordinance, or regulation is required to be approved by the state
 2383  land planning agency Department of Community Affairs pursuant to
 2384  an area of critical state concern designation.
 2385         Section 74. Subsection (3) of section 624.5105, Florida
 2386  Statutes, is amended to read:
 2387         624.5105 Community contribution tax credit; authorization;
 2388  limitations; eligibility and application requirements;
 2389  administration; definitions; expiration.—
 2390         (3) APPLICATION REQUIREMENTS.—
 2391         (a) Any eligible sponsor wishing to participate in this
 2392  program must submit a proposal to the Department of Economic
 2393  Opportunity Office of Tourism, Trade, and Economic Development
 2394  which sets forth the sponsor, the project, the area in which the
 2395  project is located, and such supporting information as may be
 2396  prescribed by rule. The proposal shall also contain a resolution
 2397  from the local governmental unit in which the proposed project
 2398  is located certifying that the project is consistent with local
 2399  plans and regulations.
 2400         (b)1. Any insurer wishing to participate in this program
 2401  must submit an application for tax credit to the Department of
 2402  Economic Opportunity office which sets forth the sponsor; the
 2403  project; and the type, value, and purpose of the contribution.
 2404  The sponsor must verify, in writing, the terms of the
 2405  application and indicate its willingness to receive the
 2406  contribution, which verification must accompany the application
 2407  for tax credit.
 2408         2. The insurer must submit a separate application for tax
 2409  credit for each individual contribution which it proposes to
 2410  contribute to each individual project.
 2411         Section 75. Subsection (4) of section 1002.75, Florida
 2412  Statutes, is amended to read:
 2413         1002.75 Office of Early Learning; powers and duties;
 2414  operational requirements.—
 2415         (4) The Office of Early Learning shall also adopt
 2416  procedures for the agency’s distribution of funds to early
 2417  learning coalitions under s. 1002.71.
 2418         Section 76. Subsection (2) of section 1002.79, Florida
 2419  Statutes, is amended to read:
 2420         1002.79 Rulemaking authority.—
 2421         (2) The Office of Early Learning shall adopt rules under
 2422  ss. 120.536(1) and 120.54 to administer the provisions of this
 2423  part conferring duties upon the office agency.
 2424         Section 77. Paragraph (a) of subsection (1) of section
 2425  259.035, Florida Statutes, is amended to read:
 2426         259.035 Acquisition and Restoration Council.—
 2427         (1) There is created the Acquisition and Restoration
 2428  Council.
 2429         (a) The council shall be composed of 10 eleven voting
 2430  members, four of whom shall be appointed by the Governor. Of
 2431  these four appointees, three shall be from scientific
 2432  disciplines related to land, water, or environmental sciences
 2433  and the fourth shall have at least 5 years of experience in
 2434  managing lands for both active and passive types of recreation.
 2435  They shall serve 4-year terms, except that, initially, to
 2436  provide for staggered terms, two of the appointees shall serve
 2437  2-year terms. All subsequent appointments shall be for 4-year
 2438  terms. An No appointee may not shall serve more than 6 years.
 2439  The Governor may at any time fill a vacancy for the unexpired
 2440  term of a member appointed under this paragraph.
 2441         Section 78. Subsection (2) of section 288.12265, Florida
 2442  Statutes, is amended to read:
 2443         288.12265 Welcome centers.—
 2444         (2) Enterprise Florida, Inc., shall administer and operate
 2445  the welcome centers. Pursuant to a contract with the Department
 2446  of Transportation, Enterprise Florida, Inc., shall be
 2447  responsible for routine repair, replacement, or improvement and
 2448  the day-to-day management of interior areas occupied by the
 2449  welcome centers. All other repairs, replacements, or
 2450  improvements to the welcome centers shall be the responsibility
 2451  of the Department of Transportation. Enterprise Florida, Inc.,
 2452  may contract with the Florida Tourism Industry Marketing
 2453  Corporation for the management and operation of the welcome
 2454  centers.
 2455         Section 79. Paragraph (a) of subsection (5) of section
 2456  288.901, Florida Statutes, is amended to read:
 2457         288.901 Enterprise Florida, Inc.—
 2458         (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
 2459         (a) In addition to the Governor or the Governor’s designee,
 2460  the board of directors shall consist of the following appointed
 2461  members:
 2462         1. The Commissioner of Education or the commissioner’s
 2463  designee.
 2464         2. The Chief Financial Officer or his or her designee.
 2465         3. The chairperson of the board of directors of Workforce
 2466  Florida, Inc.
 2467         4. The Secretary of State or the secretary’s designee.
 2468         5. Twelve members from the private sector, six of whom
 2469  shall be appointed by the Governor, three of whom shall be
 2470  appointed by the President of the Senate, and three of whom
 2471  shall be appointed by the Speaker of the House of
 2472  Representatives. Members appointed by the Governor All
 2473  appointees are subject to Senate confirmation.
 2474         Section 80. Paragraph (d) of subsection (2) and subsection
 2475  (3) of section 288.980, Florida Statutes, are amended to read:
 2476         288.980 Military base retention; legislative intent; grants
 2477  program.—
 2478         (2)
 2479         (d) In making grant awards the department office shall
 2480  consider, at a minimum, the following factors:
 2481         1. The relative value of the particular military
 2482  installation in terms of its importance to the local and state
 2483  economy relative to other military installations vulnerable to
 2484  closure.
 2485         2. The potential job displacement within the local
 2486  community should the military installation be closed.
 2487         3. The potential adverse impact on industries and
 2488  technologies which service the military installation.
 2489         (3) The Florida Economic Reinvestment Initiative is
 2490  established to respond to the need for this state and defense
 2491  dependent communities in this state to develop alternative
 2492  economic diversification strategies to lessen reliance on
 2493  national defense dollars in the wake of base closures and
 2494  reduced federal defense expenditures and the need to formulate
 2495  specific base reuse plans and identify any specific
 2496  infrastructure needed to facilitate reuse. The initiative shall
 2497  consist of the following three two distinct grant programs to be
 2498  administered by the department:
 2499         (a) The Florida Defense Planning Grant Program, through
 2500  which funds shall be used to analyze the extent to which the
 2501  state is dependent on defense dollars and defense infrastructure
 2502  and prepare alternative economic development strategies. The
 2503  state shall work in conjunction with defense-dependent
 2504  communities in developing strategies and approaches that will
 2505  help communities make the transition from a defense economy to a
 2506  nondefense economy. Grant awards may not exceed $250,000 per
 2507  applicant and shall be available on a competitive basis.
 2508         (b) The Florida Defense Implementation Grant Program,
 2509  through which funds shall be made available to defense-dependent
 2510  communities to implement the diversification strategies
 2511  developed pursuant to paragraph (a). Eligible applicants include
 2512  defense-dependent counties and cities, and local economic
 2513  development councils located within such communities. Grant
 2514  awards may not exceed $100,000 per applicant and shall be
 2515  available on a competitive basis. Awards shall be matched on a
 2516  one-to-one basis.
 2517         (c) The Florida Military Installation Reuse Planning and
 2518  Marketing Grant Program, through which funds shall be used to
 2519  help counties, cities, and local economic development councils
 2520  develop and implement plans for the reuse of closed or realigned
 2521  military installations, including any necessary infrastructure
 2522  improvements needed to facilitate reuse and related marketing
 2523  activities.
 2524  
 2525  Applications for grants under this subsection must include a
 2526  coordinated program of work or plan of action delineating how
 2527  the eligible project will be administered and accomplished,
 2528  which must include a plan for ensuring close cooperation between
 2529  civilian and military authorities in the conduct of the funded
 2530  activities and a plan for public involvement.
 2531         Section 81. Subsections (1), (3), and (5) of section
 2532  331.3081, Florida Statutes, are amended to read:
 2533         331.3081 Board of directors; advisory board.—
 2534         (1) Space Florida shall be governed by a 13­member 12
 2535  member independent board of directors that consists of the
 2536  members appointed to the board of directors of Enterprise
 2537  Florida, Inc., by the Governor, the President of the Senate, and
 2538  the Speaker of the House of Representatives pursuant to s.
 2539  288.901(5)(a)5. The Governor or the Lieutenant Governor as the
 2540  Governor’s designee shall be an ex officio voting member and
 2541  shall serve as the chair of the board.
 2542         (3) The advisory council shall make recommendations to the
 2543  board of directors of Enterprise Florida, Inc., on the operation
 2544  of Space Florida, including matters pertaining to ways to
 2545  improve or enhance Florida’s efforts to expand its existing
 2546  space and aerospace industry, to improve management and use of
 2547  Florida’s state-owned real property assets related to space and
 2548  aerospace, how best to retain and, if necessary, retrain
 2549  Florida’s highly skilled space and aerospace workforce, and how
 2550  to strengthen bonds between this state, NASA, the Department of
 2551  Defense, and private space and aerospace industries.
 2552         (5) Advisory council members shall serve without
 2553  compensation but may be reimbursed for all reasonable,
 2554  necessary, and actual expenses as determined by the board of
 2555  directors of Enterprise Florida, Inc.
 2556         Section 82. Section 163.03, Florida Statutes, is repealed.
 2557         Section 83. Section 373.461, Florida Statutes, is repealed.
 2558         Section 84. Section 379.2353, Florida Statutes, is
 2559  repealed.
 2560         Section 85. This act shall take effect upon becoming a law.