Florida Senate - 2013                      CS for CS for SB 1024
       
       
       
       By the Committees on Appropriations; Community Affairs; and
       Commerce and Tourism
       
       
       
       576-04927B-13                                         20131024c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Economic
    3         Opportunity; establishing the Economic Development
    4         Programs Evaluation; requiring the Office of Economic
    5         and Demographic Research and the Office of Program
    6         Policy Analysis and Government Accountability to
    7         present the evaluation; requiring the offices to
    8         develop and submit a work plan for completing the
    9         evaluation by a certain date; requiring the offices to
   10         provide an analysis of certain economic development
   11         programs and specifying a schedule; requiring the
   12         Office of Economic and Demographic Research to make
   13         certain evaluations in its analysis; limiting the
   14         office’s evaluation for the purposes of tax credits,
   15         tax refunds, sales tax exemptions, cash grants, and
   16         similar programs; requiring the office to use a
   17         certain model to evaluate each program; requiring the
   18         Office of Program Policy Analysis and Government
   19         Accountability to make certain evaluations in its
   20         analysis; providing the offices access to all data
   21         necessary to complete the evaluation; amending s.
   22         20.60, F.S.; revising the date on which the Department
   23         of Economic Opportunity and Enterprise Florida, Inc.,
   24         are required to report on the business climate and
   25         economic development in the state; specifying reports
   26         and information that must be included; amending s.
   27         201.15, F.S.; revising the distribution of funds in
   28         the Grants and Donations Trust Fund; amending s.
   29         212.08, F.S.; revising definitions; clarifying the
   30         application of certain amendments; amending s.
   31         213.053, F.S.; authorizing the Department of Revenue
   32         to make certain information available to the director
   33         of the Office of Program Policy Analysis and
   34         Government Accountability and the coordinator of the
   35         Office of Economic and Demographic Research;
   36         authorizing the offices to share certain information;
   37         amending s. 220.194, F.S.; requiring the annual report
   38         for the Florida Space Business Incentives Act to be
   39         included in the annual incentives report; deleting
   40         certain reporting requirements; amending s. 288.001,
   41         F.S.; providing a network purpose; providing
   42         definitions; requiring the statewide director and the
   43         network to operate the program in compliance with
   44         federal laws and regulations and a Board of Governors
   45         regulation; requiring the statewide director to
   46         consult with the Board of Governors, the Department of
   47         Economic Opportunity, and the network’s statewide
   48         advisory board to establish certain policies and
   49         goals; requiring the network to maintain a statewide
   50         advisory board; providing for advisory board
   51         membership; providing for terms of membership;
   52         providing for certain member reimbursement; requiring
   53         the director to develop support services; specifying
   54         support service requirements; requiring businesses
   55         that receive support services to participate in
   56         certain assessments; requiring the network to provide
   57         a match equal to certain state funding; providing
   58         criteria for the match; requiring the statewide
   59         director to coordinate with the host institution to
   60         establish a pay-per-performance incentive; providing
   61         for pay-per-performance incentive funding and
   62         distribution; providing a distribution formula
   63         requirement; requiring the statewide director to
   64         coordinate with the advisory board to distribute funds
   65         for certain purposes and develop programs to
   66         distribute funds for those purposes; requiring the
   67         network to announce available funding, performance
   68         expectations, and other requirements; requiring the
   69         statewide director to present applications and
   70         recommendations to the advisory board; requiring
   71         applications approved by the advisory board to be
   72         publicly posted; providing minimum requirements for a
   73         program; prohibiting certain regional small business
   74         development centers from receiving funds; providing
   75         that match funding may not be reduced for regional
   76         small business development centers receiving
   77         additional funds; requiring the statewide director to
   78         regularly update the Board of Governors, the
   79         department, and the advisory board with certain
   80         information; requiring the statewide director, in
   81         coordination with the advisory board, to annually
   82         report certain information to the President of the
   83         Senate and the Speaker of the House of
   84         Representatives; amending s. 288.005, F.S.; providing
   85         a definition; amending s. 288.012, F.S.; requiring
   86         each State of Florida international office to submit a
   87         report to Enterprise Florida, Inc., for inclusion in
   88         its annual report; deleting a reporting date; amending
   89         s. 288.061, F.S.; requiring the Department of Economic
   90         Opportunity to analyze each economic development
   91         incentive application; requiring an applicant to
   92         provide a surety bond to the Department of Economic
   93         Opportunity before the applicant receives incentive
   94         awards through the Quick Action Closing Fund or the
   95         Innovation Incentive Program; requiring the contract
   96         or agreement to provide that the bond remain in effect
   97         until all conditions have been satisfied; providing
   98         that the department may require the bond to cover the
   99         entire contracted amount or allow for bonds to be
  100         renewed upon completion of certain performance
  101         measures; requiring the contract or agreement to
  102         provide that funds are contingent upon receipt of the
  103         surety bond; requiring the contract or agreement to
  104         provide that up to half of the premium payment on the
  105         bond may be paid from the award up to a certain
  106         amount; requiring an applicant to notify the
  107         department of premium payments; providing for certain
  108         notice requirements upon cancellation or nonrenewal by
  109         an insurer; providing that the cancellation of the
  110         surety bond violates the contract or agreement;
  111         providing an exception; providing for a waiver if
  112         certain information is provided; providing that if the
  113         department grants a waiver, the contract or agreement
  114         must provide for securing the award in a certain form;
  115         requiring the contract or agreement to provide that
  116         the release of funds is contingent upon satisfying
  117         certain requirements; requiring the irrevocable letter
  118         of credit, trust, or security agreement to remain in
  119         effect until certain conditions have been satisfied;
  120         providing for a waiver of the surety bond or other
  121         security if certain information is provided and the
  122         department determines it to be in the best interest of
  123         the state; providing that the waiver of the surety
  124         bond or other security, for funding in excess of $5
  125         million, must be approved by the Legislative Budget
  126         Commission; providing that the state may bring suit
  127         upon default or upon a violation of this section;
  128         providing that the department may adopt rules to
  129         implement this section; amending s. 288.0656, F.S.;
  130         requiring the Rural Economic Development Initiative to
  131         submit a report to supplement the Department of
  132         Economic Opportunity’s annual report; deleting certain
  133         reporting requirements; amending s. 288.076, F.S.;
  134         providing definitions; requiring the Department of
  135         Economic Opportunity to publish on a website specified
  136         information concerning state investment in economic
  137         development programs; requiring the department to use
  138         methodology and formulas established by the Office of
  139         Economic and Demographic Research for specified
  140         calculations; requiring the Office of Economic and
  141         Demographic Research to provide a description of
  142         specified methodology and formulas to the department
  143         and the department to publish the description on its
  144         website within a specified period; providing
  145         procedures and requirements for reviewing, updating,
  146         and supplementing specified published information;
  147         requiring the department to annually publish
  148         information relating to the progress of Quick Action
  149         Closing Fund projects; requiring the department to
  150         publish certain confidential information pertaining to
  151         participant businesses upon expiration of a specified
  152         confidentiality period; requiring the department to
  153         publish certain reports concerning businesses that
  154         fail to complete tax refund agreements under the tax
  155         refund program for qualified target industry
  156         businesses; providing for construction and legislative
  157         intent; authorizing the department to adopt rules;
  158         repealing s. 288.095(3)(c), F.S., relating to the
  159         annual report by Enterprise Florida, Inc., of programs
  160         funded by the Economic Development Incentives Account;
  161         amending s. 288.106, F.S.; deleting and adding
  162         provisions relating to the application and approval
  163         process of the tax refund program for qualified target
  164         industry businesses; requiring the Department of
  165         Economic Opportunity to include information on
  166         qualified target industry businesses in the annual
  167         incentives report; deleting certain reporting
  168         requirements; amending 288.107, F.S.; revising
  169         definitions; revising provisions to conform to changes
  170         made by the act; revising the minimum criteria for
  171         participation in the brownfield redevelopment bonus
  172         refund; amending s. 288.1081, F.S.; requiring the use
  173         of loan funds from the Economic Gardening Business
  174         Loan Pilot Program to be included in the department’s
  175         annual report; deleting certain reporting
  176         requirements; amending s. 288.1082, F.S.; requiring
  177         the progress of the Economic Gardening Technical
  178         Assistance Pilot Program to be included in the
  179         department’s annual report; deleting certain reporting
  180         requirements; amending s. 288.1088, F.S.; requiring
  181         the department to validate contractor performance for
  182         the Quick Action Closing Fund and include the
  183         performance validation in the annual incentives
  184         report; deleting certain reporting requirements;
  185         amending s. 288.1089, F.S.; requiring that certain
  186         projects in the Innovation Incentive Program provide a
  187         cumulative break-even economic benefit; requiring the
  188         department to report information relating to the
  189         Innovation Incentive Program in the annual incentives
  190         report; deleting certain reporting requirements;
  191         deleting provisions that require the Office of Program
  192         Policy Analysis and Government Accountability and the
  193         Auditor General’s Office to report on the Innovation
  194         Incentive Program; amending s. 288.1253, F.S.;
  195         revising a reporting date; requiring expenditures of
  196         the Office of Film and Entertainment to be included in
  197         the annual entertainment industry financial incentive
  198         program report; amending s. 288.1254, F.S.; revising a
  199         reporting date; requiring the annual entertainment
  200         industry financial incentive program report to include
  201         certain information; amending s. 288.1258, F.S.;
  202         revising a reporting date; requiring the report
  203         detailing the relationship between tax exemptions and
  204         incentives to industry growth to be included in the
  205         annual entertainment industry financial incentive
  206         program report; amending s. 288.714, F.S.; requiring
  207         the Department of Economic Opportunity’s annual report
  208         to include a report on the Black Business Loan
  209         Program; deleting certain reporting requirements;
  210         amending s. 288.7771, F.S.; requiring the Florida
  211         Export Finance Corporation to submit a report to
  212         Enterprise Florida, Inc.; amending s. 288.903, F.S.;
  213         requiring Enterprise Florida, Inc., with the
  214         Department of Economic Opportunity, to prepare an
  215         annual incentives report; repealing s. 288.904(6),
  216         F.S., relating to Enterprise Florida, Inc., which
  217         requires the department to report the return on the
  218         public’s investment; amending s. 288.906, F.S.;
  219         requiring certain reports to be included in the
  220         Enterprise Florida, Inc., annual report; amending s.
  221         288.907, F.S.; requiring Enterprise Florida, Inc.,
  222         with the Department of Economic Opportunity, to
  223         prepare the annual incentives report; requiring the
  224         annual incentives report to include certain
  225         information; deleting a provision requiring the
  226         Division of Strategic Business Development to assist
  227         Enterprise Florida, Inc., with the report; 288.92,
  228         F.S.; requiring each division of Enterprise Florida,
  229         Inc., to submit a report; amending s. 288.95155, F.S.;
  230         requiring the financial status of the Florida Small
  231         Business Technology Growth Program to be included in
  232         the annual incentives report; amending s. 288.9918,
  233         F.S.; revising reporting requirements related to
  234         community development entities; amending s. 290.0055,
  235         F.S.; providing for the expansion of the boundaries of
  236         enterprise zones that meet certain requirements;
  237         providing an application deadline; amending s.
  238         290.0056, F.S.; revising a reporting date; requiring
  239         the enterprise zone development agency to submit
  240         certain information for the Department of Economic
  241         Opportunity’s annual report; amending s. 290.014,
  242         F.S.; revising a reporting date; requiring certain
  243         reports on enterprise zones to be included in the
  244         Department of Economic Opportunity’s annual report;
  245         amending s. 290.0455, F.S.; providing for the state’s
  246         guarantee of certain federal loans to local
  247         governments; requiring applicants for such loans to
  248         pledge a specified amount of revenues to guarantee the
  249         loans; revising requirements for the department to
  250         submit recommendations to the Federal Government for
  251         such loans; revising the maximum amount of the loan
  252         guarantee commitment that a local government may
  253         receive and providing exceptions; providing for
  254         reduction of a local government’s future community
  255         development block grants if the local government
  256         defaults on the federal loan; providing procedures if
  257         a local government is granted entitlement community
  258         status; amending ss. 331.3051 and 331.310, F.S.;
  259         revising requirements for annual reports by Space
  260         Florida; amending s. 443.036, F.S.; providing examples
  261         of misconduct; amending s. 443.091, F.S.; providing
  262         for online work registration and providing exceptions;
  263         limiting a claimant’s use of the same prospective
  264         employer to meet work search requirements; providing
  265         an exception; providing that work search requirements
  266         do not apply to individuals required to participate in
  267         reemployment services; amending s. 443.101, F.S.;
  268         providing for disqualification in any week with
  269         respect to which the department finds that his or her
  270         unemployment is due to failure without good cause to
  271         maintain a license, registration, or certification
  272         required by applicable law necessary for the employee
  273         to perform her or his assigned job duties; providing
  274         examples of “good cause”; amending s. 443.1113, F.S.,
  275         relating to the Reemployment Assistance Claims and
  276         Benefits Information System; revising timeframe for
  277         deployment of a certain Internet portal as part of
  278         such system; amending s. 443.131, F.S.; requiring the
  279         tax collection service provider to calculate a certain
  280         additional rate; providing for when an assessment may
  281         not be made; requiring assessments to be available to
  282         pay interest on federal advances; requiring certain
  283         excess funds to be transferred to the Unemployment
  284         Compensation Trust Fund after a certain time period;
  285         deleting the provision referring to crediting employer
  286         accounts; providing an expiration date; amending ss.
  287         443.151 F.S.; revising provisions to conform to
  288         changes made to benefit eligibility; providing that an
  289         employer or its agent may not be relieved of benefit
  290         charges for failure to timely and adequately respond
  291         to notice of claim or request for information;
  292         requiring the department to impose a penalty against a
  293         claimant who is overpaid reemployment assistance
  294         benefits due to fraud by the claimant; requiring an
  295         appeals referee to be an attorney in good standing
  296         with the Florida Bar or successfully admitted within 8
  297         months of hire; requiring the Department of Economic
  298         Opportunity to meet the requirements of the bill
  299         through attrition after January 1, 2014; amending s.
  300         443.1715, F.S.; prohibiting the unlawful disclosure of
  301         certain confidential information relating to employing
  302         units and individuals under the Reemployment
  303         Assistance Program Law; providing criminal penalties;
  304         amending 443.191, F.S.; providing for the deposit of
  305         moneys recovered and penalties collected due to fraud
  306         in the Unemployment Compensation Trust Fund; amending
  307         s. 446.50, F.S.; requiring the Department of Economic
  308         Opportunity’s annual report to include a plan for the
  309         displaced homemaker program; deleting certain
  310         reporting requirements; creating s. 288.80, F.S.;
  311         providing a short title; creating s. 288.801, F.S.;
  312         providing Legislative intent; creating s. 288.81,
  313         F.S.; providing definitions; creating s. 288.82, F.S.;
  314         creating Triumph Gulf Coast, Inc., as nonprofit
  315         corporation; requiring the Triumph Gulf Coast, Inc.,
  316         to create and administer the Recovery Fund for the
  317         benefit of disproportionately affected counties;
  318         providing for principal of the fund; providing for
  319         payment of administrative costs from the earnings of
  320         the fund; providing any remaining funds after 30 years
  321         revert to the State Treasury; authorizing investment
  322         of the principal of the fund; requiring an investment
  323         policy; requiring competitive procurement of money
  324         managers; requiring annual audits; requiring biannual
  325         reports; creating s. 288.83, F.S.; providing for
  326         application of public records and meetings laws;
  327         providing for governance by a 5 member board of
  328         directors; providing membership; providing for terms;
  329         providing for appointment for vacancies; providing
  330         limitations on board members; limiting postemployment
  331         activities; providing for a misdemeanor for
  332         violations; requiring financial disclosures; providing
  333         travel and per diem expenses; providing for removal;
  334         requiring quarterly meetings; providing for staffing;
  335         creating s. 288.831, F.S.; providing the powers and
  336         duties of the board of directors; creating s. 288.832,
  337         F.S.; providing the duties of Triumph Gulf Coast,
  338         Inc.; creating s. 288.84, F.S.; permitting awards for
  339         projects or programs from available earnings and
  340         principal; proscribing the award categories;
  341         proscribing the award categories for certain funds;
  342         establishing priority ranking for applications;
  343         prohibiting award from financing 100 percent of a
  344         project or program; permitting Triumph Gulf Coast,
  345         Inc., to requiring a one-to-one match; prohibiting an
  346         awardee from receiving all available funds; requiring
  347         a contract for an award; requiring regular reporting;
  348         providing effective dates.
  349  
  350  Be It Enacted by the Legislature of the State of Florida:
  351  
  352         Section 1. Economic Development Programs Evaluation.—The
  353  Office of Economic and Demographic Research and the Office of
  354  Program Policy Analysis and Government Accountability (OPPAGA)
  355  shall develop and present to the Governor, the President of the
  356  Senate, the Speaker of the House of Representatives, and the
  357  chairs of the legislative appropriations committees the Economic
  358  Development Programs Evaluation.
  359         (1) The Office of Economic and Demographic Research and
  360  OPPAGA shall coordinate the development of a work plan for
  361  completing the Economic Development Programs Evaluation and
  362  shall submit the work plan to the President of the Senate and
  363  the Speaker of the House of Representatives by July 1, 2013.
  364         (2) The Office of Economic and Demographic Research and
  365  OPPAGA shall provide a detailed analysis of economic development
  366  programs as provided in the following schedule:
  367         (a) By January 1, 2014, and every 3 years thereafter, an
  368  analysis of the following:
  369         1. The capital investment tax credit established under s.
  370  220.191, Florida Statutes.
  371         2. The qualified target industry tax refund established
  372  under s. 288.106, Florida Statutes.
  373         3. The brownfield redevelopment bonus refund established
  374  under s. 288.107, Florida Statutes.
  375         4. High-impact business performance grants established
  376  under s. 288.108, Florida Statutes.
  377         5.The Quick Action Closing Fund established under s.
  378  288.1088, Florida Statutes.
  379         6. The Innovation Incentive Program established under s.
  380  288.1089, Florida Statutes.
  381         7. Enterprise Zone Program incentives established under ss.
  382  212.08(5), 212.08(15), 212.096, 220.181, and 220.182, Florida
  383  Statutes.
  384         (b) By January 1, 2015, and every 3 years thereafter, an
  385  analysis of the following:
  386         1. The entertainment industry financial incentive program
  387  established under s. 288.1254, Florida Statutes.
  388         2. The entertainment industry sales tax exemption program
  389  established under s. 288.1258, Florida Statutes.
  390         3. VISIT Florida and its programs established or funded
  391  under ss. 288.122, 288.1226, 288.12265, and 288.124, Florida
  392  Statutes.
  393         4. The Florida Sports Foundation and related programs
  394  established under ss. 288.1162, 288.11621, 288.1166, 288.1167,
  395  288.1168, 288.1169, and 288.1171, Florida Statutes.
  396         (c) By January 1, 2016, and every 3 years thereafter, an
  397  analysis of the following:
  398         1. The qualified defense contractor and space flight
  399  business tax refund program established under s. 288.1045,
  400  Florida Statutes.
  401         2. The tax exemption for semiconductor, defense, or space
  402  technology sales established under s. 212.08(5)(j), Florida
  403  Statutes.
  404         3. The Military Base Protection Program established under
  405  s. 288.980, Florida Statutes.
  406         4. The Manufacturing and Spaceport Investment Incentive
  407  Program established under s. 288.1083, Florida Statutes.
  408         5. The Quick Response Training Program established under s.
  409  288.047, Florida Statutes.
  410         6. The Incumbent Worker Training Program established under
  411  s. 445.003, Florida Statutes.
  412         7. International trade and business development programs
  413  established or funded under s. 288.826, Florida Statutes.
  414         (3) Pursuant to the schedule established in subsection (2),
  415  the Office of Economic and Demographic Research shall evaluate
  416  and determine the economic benefits, as defined in s. 288.005,
  417  Florida Statutes, of each program over the previous 3 years. The
  418  analysis must also evaluate the number of jobs created, the
  419  increase or decrease in personal income, and the impact on state
  420  gross domestic product from the direct, indirect, and induced
  421  effects of the state’s investment in each program over the
  422  previous 3 years.
  423         (a) For the purpose of evaluating tax credits, tax refunds,
  424  sales tax exemptions, cash grants, and similar programs, the
  425  Office of Economic and Demographic Research shall evaluate data
  426  only from those projects in which businesses received state
  427  funds during the evaluation period. Such projects may be fully
  428  completed, partially completed with future fund disbursal
  429  possible pending performance measures, or partially completed
  430  with no future fund disbursal possible as a result of a
  431  business’s inability to meet performance measures.
  432         (b) The analysis must use the model developed by the Office
  433  of Economic and Demographic Research, as required in s. 216.138,
  434  Florida Statutes, to evaluate each program. The office shall
  435  provide a written explanation of the key assumptions of the
  436  model and how it is used. If the office finds that another
  437  evaluation model is more appropriate to evaluate a program, it
  438  may use another model, but it must provide an explanation as to
  439  why the selected model was more appropriate.
  440         (4) Pursuant to the schedule established in subsection (2),
  441  OPPAGA shall evaluate each program over the previous 3 years for
  442  its effectiveness and value to the taxpayers of this state and
  443  include recommendations on each program for consideration by the
  444  Legislature. The analysis may include relevant economic
  445  development reports or analyses prepared by the Department of
  446  Economic Opportunity, Enterprise Florida, Inc., or local or
  447  regional economic development organizations; interviews with the
  448  parties involved; or any other relevant data.
  449         (5) The Office of Economic and Demographic Research and
  450  OPPAGA must be given access to all data necessary to complete
  451  the Economic Development Programs Evaluation, including any
  452  confidential data. The offices may collaborate on data
  453  collection and analysis.
  454         Section 2. Subsection (10) of section 20.60, Florida
  455  Statutes, is amended to read:
  456         20.60 Department of Economic Opportunity; creation; powers
  457  and duties.—
  458         (10) The department, with assistance from Enterprise
  459  Florida, Inc., shall, by November 1 January 1 of each year,
  460  submit an annual report to the Governor, the President of the
  461  Senate, and the Speaker of the House of Representatives on the
  462  condition of the business climate and economic development in
  463  the state.
  464         (a) The report must shall include the identification of
  465  problems and a prioritized list of recommendations.
  466         (b) The report must incorporate annual reports of other
  467  programs, including:
  468         1. The displaced homemaker program established under s.
  469  446.50.
  470         2. Information provided by the Department of Revenue under
  471  s. 290.014.
  472         3. Information provided by enterprise zone development
  473  agencies under s. 290.0056 and an analysis of the activities and
  474  accomplishments of each enterprise zone.
  475         4. The Economic Gardening Business Loan Pilot Program
  476  established under s. 288.1081 and the Economic Gardening
  477  Technical Assistance Pilot Program established under s.
  478  288.1082.
  479         5. A detailed report of the performance of the Black
  480  Business Loan Program and a cumulative summary of quarterly
  481  report data required under s. 288.714.
  482         6. The Rural Economic Development Initiative established
  483  under s. 288.0656.
  484         Section 3. Paragraph (c) of subsection (1) of section
  485  201.15, Florida Statutes, is amended to read:
  486         201.15 Distribution of taxes collected.—All taxes collected
  487  under this chapter are subject to the service charge imposed in
  488  s. 215.20(1). Prior to distribution under this section, the
  489  Department of Revenue shall deduct amounts necessary to pay the
  490  costs of the collection and enforcement of the tax levied by
  491  this chapter. Such costs and the service charge may not be
  492  levied against any portion of taxes pledged to debt service on
  493  bonds to the extent that the costs and service charge are
  494  required to pay any amounts relating to the bonds. After
  495  distributions are made pursuant to subsection (1), all of the
  496  costs of the collection and enforcement of the tax levied by
  497  this chapter and the service charge shall be available and
  498  transferred to the extent necessary to pay debt service and any
  499  other amounts payable with respect to bonds authorized before
  500  January 1, 2013, secured by revenues distributed pursuant to
  501  subsection (1). All taxes remaining after deduction of costs and
  502  the service charge shall be distributed as follows:
  503         (1) Sixty-three and thirty-one hundredths percent of the
  504  remaining taxes shall be used for the following purposes:
  505         (c) After the required payments under paragraphs (a) and
  506  (b), the remainder shall be paid into the State Treasury to the
  507  credit of:
  508         1. The State Transportation Trust Fund in the Department of
  509  Transportation in the amount of the lesser of 38.2 percent of
  510  the remainder or $541.75 million in each fiscal year. Out of
  511  such funds, the first $50 million for the 2012-2013 fiscal year;
  512  $65 million for the 2013-2014 fiscal year; and $75 million for
  513  the 2014-2015 fiscal year and all subsequent years, shall be
  514  transferred to the State Economic Enhancement and Development
  515  Trust Fund within the Department of Economic Opportunity. The
  516  remainder is to be used for the following specified purposes,
  517  notwithstanding any other law to the contrary:
  518         a. For the purposes of capital funding for the New Starts
  519  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  520  specified in s. 341.051, 10 percent of these funds;
  521         b. For the purposes of the Small County Outreach Program
  522  specified in s. 339.2818, 5 percent of these funds. Effective
  523  July 1, 2014, the percentage allocated under this sub
  524  subparagraph shall be increased to 10 percent;
  525         c. For the purposes of the Strategic Intermodal System
  526  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  527  of these funds after allocating for the New Starts Transit
  528  Program described in sub-subparagraph a. and the Small County
  529  Outreach Program described in sub-subparagraph b.; and
  530         d. For the purposes of the Transportation Regional
  531  Incentive Program specified in s. 339.2819, 25 percent of these
  532  funds after allocating for the New Starts Transit Program
  533  described in sub-subparagraph a. and the Small County Outreach
  534  Program described in sub-subparagraph b. Effective July 1, 2014,
  535  the first $60 million of the funds allocated pursuant to this
  536  sub-subparagraph shall be allocated annually to the Florida Rail
  537  Enterprise for the purposes established in s. 341.303(5).
  538         2. The Grants and Donations Trust Fund in the Department of
  539  Economic Opportunity in the amount of the lesser of .23 percent
  540  of the remainder or $3.25 million in each fiscal year to fund
  541  technical assistance to local governments and school boards on
  542  the requirements and implementation of this act.
  543         3. The Ecosystem Management and Restoration Trust Fund in
  544  the amount of the lesser of 2.12 percent of the remainder or $30
  545  million in each fiscal year, to be used for the preservation and
  546  repair of the state’s beaches as provided in ss. 161.091
  547  161.212.
  548         4. General Inspection Trust Fund in the amount of the
  549  lesser of .02 percent of the remainder or $300,000 in each
  550  fiscal year to be used to fund oyster management and restoration
  551  programs as provided in s. 379.362(3).
  552  
  553         Moneys distributed pursuant to this paragraph may not be
  554  pledged for debt service unless such pledge is approved by
  555  referendum of the voters.
  556         Section 4. Paragraph (o) of subsection (5) of section
  557  212.08, Florida Statutes, is amended to read:
  558         212.08 Sales, rental, use, consumption, distribution, and
  559  storage tax; specified exemptions.—The sale at retail, the
  560  rental, the use, the consumption, the distribution, and the
  561  storage to be used or consumed in this state of the following
  562  are hereby specifically exempt from the tax imposed by this
  563  chapter.
  564         (5) EXEMPTIONS; ACCOUNT OF USE.—
  565         (o) Building materials in redevelopment projects.—
  566         1. As used in this paragraph, the term:
  567         a. “Building materials” means tangible personal property
  568  that becomes a component part of a housing project or a mixed
  569  use project.
  570         b. “Housing project” means the conversion of an existing
  571  manufacturing or industrial building to a housing unit which is
  572  units in an urban high-crime area, an enterprise zone, an
  573  empowerment zone, a Front Porch Community, a designated
  574  brownfield site for which a rehabilitation agreement with the
  575  Department of Environmental Protection or a local government
  576  delegated by the Department of Environmental Protection has been
  577  executed under s. 376.80 and any abutting real property parcel
  578  within a brownfield area, or an urban infill area; and in which
  579  the developer agrees to set aside at least 20 percent of the
  580  housing units in the project for low-income and moderate-income
  581  persons or the construction in a designated brownfield area of
  582  affordable housing for persons described in s. 420.0004(9),
  583  (11), (12), or (17) or in s. 159.603(7).
  584         c. “Mixed-use project” means the conversion of an existing
  585  manufacturing or industrial building to mixed-use units that
  586  include artists’ studios, art and entertainment services, or
  587  other compatible uses. A mixed-use project must be located in an
  588  urban high-crime area, an enterprise zone, an empowerment zone,
  589  a Front Porch Community, a designated brownfield site for which
  590  a rehabilitation agreement with the Department of Environmental
  591  Protection or a local government delegated by the Department of
  592  Environmental Protection has been executed under s. 376.80 and
  593  any abutting real property parcel within a brownfield area, or
  594  an urban infill area;, and the developer must agree to set aside
  595  at least 20 percent of the square footage of the project for
  596  low-income and moderate-income housing.
  597         d. “Substantially completed” has the same meaning as
  598  provided in s. 192.042(1).
  599         2. Building materials used in the construction of a housing
  600  project or mixed-use project are exempt from the tax imposed by
  601  this chapter upon an affirmative showing to the satisfaction of
  602  the department that the requirements of this paragraph have been
  603  met. This exemption inures to the owner through a refund of
  604  previously paid taxes. To receive this refund, the owner must
  605  file an application under oath with the department which
  606  includes:
  607         a. The name and address of the owner.
  608         b. The address and assessment roll parcel number of the
  609  project for which a refund is sought.
  610         c. A copy of the building permit issued for the project.
  611         d. A certification by the local building code inspector
  612  that the project is substantially completed.
  613         e. A sworn statement, under penalty of perjury, from the
  614  general contractor licensed in this state with whom the owner
  615  contracted to construct the project, which statement lists the
  616  building materials used in the construction of the project and
  617  the actual cost thereof, and the amount of sales tax paid on
  618  these materials. If a general contractor was not used, the owner
  619  shall provide this information in a sworn statement, under
  620  penalty of perjury. Copies of invoices evidencing payment of
  621  sales tax must be attached to the sworn statement.
  622         3. An application for a refund under this paragraph must be
  623  submitted to the department within 6 months after the date the
  624  project is deemed to be substantially completed by the local
  625  building code inspector. Within 30 working days after receipt of
  626  the application, the department shall determine if it meets the
  627  requirements of this paragraph. A refund approved pursuant to
  628  this paragraph shall be made within 30 days after formal
  629  approval of the application by the department.
  630         4. The department shall establish by rule an application
  631  form and criteria for establishing eligibility for exemption
  632  under this paragraph.
  633         5. The exemption shall apply to purchases of materials on
  634  or after July 1, 2000.
  635         Section 5. The amendments to sections 212.08 and 288.107,
  636  Florida Statutes, made by this act do not apply to building
  637  materials purchased before the effective date of this act or to
  638  contracts for brownfield redevelopment bonus refunds executed by
  639  the Department of Economic Opportunity or Enterprise Florida,
  640  Inc., before the effective date of this act.
  641         Section 6. Paragraph (bb) is added to subsection (8) of
  642  section 213.053, Florida Statutes, to read:
  643         213.053 Confidentiality and information sharing.—
  644         (8) Notwithstanding any other provision of this section,
  645  the department may provide:
  646         (bb)Information to the director of the Office of Program
  647  Policy Analysis and Government Accountability or his or her
  648  authorized agent, and to the coordinator of the Office of
  649  Economic and Demographic Research or his or her authorized
  650  agent, for purposes of completing the Economic Development
  651  Programs Evaluation. Information obtained from the department
  652  pursuant to this paragraph may be shared by the director and the
  653  coordinator, or the director’s or coordinator’s authorized
  654  agent, for purposes of completing the Economic Development
  655  Programs Evaluation.
  656  
  657  Disclosure of information under this subsection shall be
  658  pursuant to a written agreement between the executive director
  659  and the agency. Such agencies, governmental or nongovernmental,
  660  shall be bound by the same requirements of confidentiality as
  661  the Department of Revenue. Breach of confidentiality is a
  662  misdemeanor of the first degree, punishable as provided by s.
  663  775.082 or s. 775.083.
  664         Section 7. Subsection (9) of section 220.194, Florida
  665  Statutes, is amended to read:
  666         220.194 Corporate income tax credits for spaceflight
  667  projects.—
  668         (9) ANNUAL REPORT.—Beginning in 2014, the Department of
  669  Economic Opportunity, in cooperation with Space Florida and the
  670  department, shall include in the submit an annual incentives
  671  report required under s. 288.907 a summary of summarizing
  672  activities relating to the Florida Space Business Incentives Act
  673  established under this section to the Governor, the President of
  674  the Senate, and the Speaker of the House of Representatives by
  675  each November 30.
  676         Section 8. Section 288.001, Florida Statutes, is amended to
  677  read:
  678         288.001 The Florida Small Business Development Center
  679  Network; purpose.—
  680         (1) PURPOSE.—The Florida Small Business Development Center
  681  Network is the principal business assistance organization for
  682  small businesses in the state. The purpose of the network is to
  683  serve emerging and established for-profit, privately held
  684  businesses that maintain a place of business in the state.
  685         (2)DEFINITIONS.—As used in this section, the term:
  686         (a) “Board of Governors” is the Board of Governors of the
  687  State University System.
  688         (b) “Host institution” is the university designated by the
  689  Board of Governors to be the recipient organization in
  690  accordance with 13 C.F.R. s. 130.200.
  691         (c) “Network” means the Florida Small Business Development
  692  Center Network.
  693         (3) OPERATION; POLICIES AND PROGRAMS.—
  694         (a)The network’s statewide director shall operate the
  695  network in compliance with the federal laws and regulations
  696  governing the network and the Board of Governors Regulation
  697  10.015.
  698         (b)The network’s statewide director shall consult with the
  699  Board of Governors, the department, and the network’s statewide
  700  advisory board to ensure that the network’s policies and
  701  programs align with the statewide goals of the State University
  702  System and the statewide strategic economic development plan as
  703  provided under s. 20.60.
  704         (4) STATEWIDE ADVISORY BOARD.—
  705         (a)The network shall maintain a statewide advisory board
  706  to advise, counsel, and confer with the statewide director on
  707  matters pertaining to the operation of the network.
  708         (b) The statewide advisory board shall consist of 19
  709  members from across the state. At least 12 members must be
  710  representatives of the private sector who are knowledgeable of
  711  the needs and challenges of small businesses. The members must
  712  represent various segments and industries of the economy in this
  713  state and must bring knowledge and skills to the statewide
  714  advisory board which would enhance the board’s collective
  715  knowledge of small business assistance needs and challenges.
  716  Minority and gender representation must be considered when
  717  making appointments to the board. The board must include the
  718  following members:
  719         1.Three members appointed from the private sector by the
  720  President of the Senate.
  721         2.Three members appointed from the private sector by the
  722  Speaker of the House of Representatives.
  723         3.Three members appointed from the private sector by the
  724  Governor.
  725         4.Three members appointed from the private sector by the
  726  network’s statewide director.
  727         5.One member appointed by the host institution.
  728         6.The President of Enterprise Florida, Inc., or his or her
  729  designee.
  730         7.The Chief Financial Officer or his or her designee.
  731         8.The President of the Florida Chamber of Commerce or his
  732  or her designee.
  733         9.The Small Business Development Center Project Officer
  734  from the U.S. Small Business Administration at the South Florida
  735  District Office or his or her designee.
  736         10.The executive director of the National Federation of
  737  Independent Businesses, Florida, or his or her designee.
  738         11.The executive director of the Florida United Business
  739  Association or his or her designee.
  740         (c)The term of an appointed member shall be for 4 years,
  741  beginning August 1, 2013, except that at the time of initial
  742  appointments, two members appointed by the Governor, one member
  743  appointed by the President of the Senate, one member appointed
  744  by the Speaker of the House of Representatives, and one member
  745  appointed by the network’s statewide director shall be appointed
  746  for 2 years. An appointed member may be reappointed to a
  747  subsequent term. Members of the statewide advisory board may not
  748  receive compensation but may be reimbursed for per diem and
  749  travel expenses in accordance with s. 112.061.
  750         (5) SMALL BUSINESS SUPPORT SERVICES; AGREEMENT.—
  751         (a) The statewide director, in consultation with the
  752  advisory board, shall develop support services that are
  753  delivered through regional small business development centers.
  754  Support services must target the needs of businesses that employ
  755  fewer than 100 persons and demonstrate an assessed capacity to
  756  grow in employment or revenue.
  757         (b) Support services must include, but need not be limited
  758  to, providing information or research, consulting, educating, or
  759  assisting businesses in the following activities:
  760         1. Planning related to the start-up, operation, or
  761  expansion of a small business enterprise in this state. Such
  762  activities include providing guidance on business formation,
  763  structure, management, registration, regulation, and taxes.
  764         2. Developing and implementing strategic or business plans.
  765  Such activities include analyzing a business’s mission, vision,
  766  strategies, and goals; critiquing the overall plan; and creating
  767  performance measures.
  768         3. Developing the financial literacy of existing businesses
  769  related to their business cash flow and financial management
  770  plans. Such activities include conducting financial analysis
  771  health checks, assessing cost control management techniques, and
  772  building financial management strategies and solutions.
  773         4. Developing and implementing plans for existing
  774  businesses to access or expand to new or existing markets. Such
  775  activities include conducting market research, researching and
  776  identifying expansion opportunities in international markets,
  777  and identifying opportunities in selling to units of government.
  778         5. Supporting access to capital for business investment and
  779  expansion. Such activities include providing technical
  780  assistance relating to obtaining surety bonds; identifying and
  781  assessing potential debt or equity investors or other financing
  782  opportunities; assisting in the preparation of applications,
  783  projections, or pro forma or other support documentation for
  784  surety bond, loan, financing, or investment requests; and
  785  facilitating conferences with lenders or investors.
  786         6. Assisting existing businesses to plan for a natural or
  787  man-made disaster, and assisting businesses when such an event
  788  occurs. Such activities include creating business continuity and
  789  disaster plans, preparing disaster and bridge loan applications,
  790  and carrying out other emergency support functions.
  791         (c)A business receiving support services must agree to
  792  participate in assessments of such services. The agreement, at a
  793  minimum, must request the business to report demographic
  794  characteristics, changes in employment and sales, debt and
  795  equity capital attained, and government contracts acquired. The
  796  host institution may require additional reporting requirements
  797  for funding described in subsection (7).
  798         (6)REQUIRED MATCH.—The network must provide a match equal
  799  to the total amount of any direct legislative appropriation
  800  which is received directly by the host institution and is
  801  specifically designated for the network. The match may include
  802  funds from federal or other nonstate funding sources designated
  803  for the network. At least 50 percent of the match must be cash.
  804  The remaining 50 percent may be provided through any allowable
  805  combination of additional cash, in-kind contributions, or
  806  indirect costs.
  807         (7) ADDITIONAL STATE FUNDS; USES; PAY-PER-PERFORMANCE
  808  INCENTIVES; STATEWIDE SERVICE; SERVICE ENHANCEMENTS; BEST
  809  PRACTICES; ELIGIBILITY.—
  810         (a) The statewide director, in coordination with the host
  811  institution, shall establish a pay-per-performance incentive for
  812  regional small business development centers. Such incentive
  813  shall be funded from half of any state appropriation received
  814  directly by the host institution, which appropriation is
  815  specifically designated for the network. These funds shall be
  816  distributed to the regional small business development centers
  817  based upon data collected from the businesses as provided under
  818  paragraph (5)(c). The distribution formula must provide for the
  819  distribution of funds in part on the gross number of jobs
  820  created annually by each center and in part on the number of
  821  jobs created per support service hour. The pay-per-performance
  822  incentive must supplement the operations and support services of
  823  each regional small business development center.
  824         (b) Half of any state funds received directly by the host
  825  institution which are specifically designated for the network
  826  shall be distributed by the statewide director, in coordination
  827  with the advisory board, for the following purposes:
  828         1. Ensuring that support services are available statewide,
  829  especially in underserved and rural areas of the state, to
  830  assist eligible businesses;
  831         2. Enhancing participation in the network among state
  832  universities and colleges; and
  833         3. Facilitating the adoption of innovative small business
  834  assistance best practices by the regional small business
  835  development centers.
  836         (c) The statewide director, in coordination with the
  837  advisory board, shall develop annual programs to distribute
  838  funds for each of the purposes described in paragraph (b). The
  839  network shall announce the annual amount of available funds for
  840  each program, performance expectations, and other requirements.
  841  For each program, the statewide director shall present
  842  applications and recommendations to the advisory board. The
  843  advisory board shall make the final approval of applications.
  844  Approved applications must be publicly posted. At a minimum,
  845  programs must include:
  846         1. New regional small business development centers; and
  847         2. Awards for the top six regional small business
  848  development centers that adopt best practices, as determined by
  849  the advisory board. Detailed information about best practices
  850  must be made available to regional small business development
  851  centers for voluntary implementation.
  852         (d) A regional small business development center that has
  853  been found by the statewide director to perform poorly, to
  854  engage in improper activity affecting the operation and
  855  integrity of the network, or to fail to follow the rules and
  856  procedures set forth in the laws, regulations, and policies
  857  governing the network, is not eligible for funds under this
  858  subsection.
  859         (e) Funds awarded under this subsection may not reduce
  860  matching funds dedicated to the regional small business
  861  development centers.
  862         (8) REPORTING.—
  863         (a) The statewide director shall quarterly update the Board
  864  of Governors, the department, and the advisory board on the
  865  network’s progress and outcomes, including aggregate information
  866  on businesses assisted by the network.
  867         (b) The statewide director, in coordination with the
  868  advisory board, shall annually report, on October 1, to the
  869  President of the Senate and the Speaker of the House of
  870  Representatives on the network’s progress and outcomes for the
  871  previous fiscal year. The report must include aggregate
  872  information on businesses assisted by the network; network
  873  services and programs; the use of all federal, state, local, and
  874  private funds received by the network and the regional small
  875  business development centers, including any additional funds
  876  specifically appropriated by the Legislature for the purposes
  877  described in subsection (7); and the network’s economic benefit
  878  to the state. The report must contain specific information on
  879  performance-based metrics and contain the methodology used to
  880  calculate the network’s economic benefit to the state.
  881         Section 9. Subsection (4) is added to section 288.005,
  882  Florida Statutes, to read:
  883         288.005 Definitions.—As used in this chapter, the term:
  884         (4) “Jobs” means full-time equivalent positions, including,
  885  but not limited to, positions obtained from a temporary
  886  employment agency or employee leasing company or through a union
  887  agreement or coemployment under a professional employer
  888  organization agreement, which result directly from a project in
  889  this state. This number does not include temporary construction
  890  jobs involved with the construction of facilities for the
  891  project.
  892         Section 10. Subsection (3) of section 288.012, Florida
  893  Statutes, is amended to read:
  894         288.012 State of Florida international offices; state
  895  protocol officer; protocol manual.—The Legislature finds that
  896  the expansion of international trade and tourism is vital to the
  897  overall health and growth of the economy of this state. This
  898  expansion is hampered by the lack of technical and business
  899  assistance, financial assistance, and information services for
  900  businesses in this state. The Legislature finds that these
  901  businesses could be assisted by providing these services at
  902  State of Florida international offices. The Legislature further
  903  finds that the accessibility and provision of services at these
  904  offices can be enhanced through cooperative agreements or
  905  strategic alliances between private businesses and state, local,
  906  and international governmental entities.
  907         (3) By October 1 of each year, Each international office
  908  shall annually submit to Enterprise Florida, Inc., the
  909  department a complete and detailed report on its activities and
  910  accomplishments during the previous preceding fiscal year for
  911  inclusion in the annual report required under s. 288.906. In the
  912  a format and by the annual date prescribed provided by
  913  Enterprise Florida, Inc., the report must set forth information
  914  on:
  915         (a) The number of Florida companies assisted.
  916         (b) The number of inquiries received about investment
  917  opportunities in this state.
  918         (c) The number of trade leads generated.
  919         (d) The number of investment projects announced.
  920         (e) The estimated U.S. dollar value of sales confirmations.
  921         (f) The number of representation agreements.
  922         (g) The number of company consultations.
  923         (h) Barriers or other issues affecting the effective
  924  operation of the office.
  925         (i) Changes in office operations which are planned for the
  926  current fiscal year.
  927         (j) Marketing activities conducted.
  928         (k) Strategic alliances formed with organizations in the
  929  country in which the office is located.
  930         (l) Activities conducted with Florida’s other international
  931  offices.
  932         (m) Any other information that the office believes would
  933  contribute to an understanding of its activities.
  934         Section 11. Section 288.061, Florida Statutes, is amended
  935  to read:
  936         288.061 Economic development incentive application
  937  process.—
  938         (1) Upon receiving a submitted economic development
  939  incentive application, the Division of Strategic Business
  940  Development of the Department of Economic Opportunity and
  941  designated staff of Enterprise Florida, Inc., shall review the
  942  application to ensure that the application is complete, whether
  943  and what type of state and local permits may be necessary for
  944  the applicant’s project, whether it is possible to waive such
  945  permits, and what state incentives and amounts of such
  946  incentives may be available to the applicant. The department
  947  shall recommend to the executive director to approve or
  948  disapprove an applicant business. If review of the application
  949  demonstrates that the application is incomplete, the executive
  950  director shall notify the applicant business within the first 5
  951  business days after receiving the application.
  952         (2) Beginning July 1, 2013, the department shall review and
  953  evaluate each economic development incentive application for the
  954  economic benefits of the proposed award of state incentives
  955  proposed for the project. The term “economic benefits” has the
  956  same meaning as in s. 288.005. The Office of Economic and
  957  Demographic Research shall review and evaluate the methodology
  958  and model used to calculate the economic benefits. For purposes
  959  of this requirement, an amended definition of economic benefits
  960  may be developed in conjunction with the Office of Economic and
  961  Demographic Research. The Office of Economic and Demographic
  962  Research shall report on the methodology and model by September
  963  1, 2013, and every third year thereafter, to the President of
  964  the Senate and the Speaker of the House of Representatives.
  965         (3)(2) Within 10 business days after the department
  966  receives the submitted economic development incentive
  967  application, the executive director shall approve or disapprove
  968  the application and issue a letter of certification to the
  969  applicant which includes a justification of that decision,
  970  unless the business requests an extension of that time.
  971         (a) The contract or agreement with the applicant must shall
  972  specify the total amount of the award, the performance
  973  conditions that must be met to obtain the award, the schedule
  974  for payment, and sanctions that would apply for failure to meet
  975  performance conditions. The department may enter into one
  976  agreement or contract covering all of the state incentives that
  977  are being provided to the applicant. The contract must provide
  978  that release of funds is contingent upon sufficient
  979  appropriation of funds by the Legislature.
  980         (b) The release of funds for the incentive or incentives
  981  awarded to the applicant depends upon the statutory requirements
  982  of the particular incentive program, except as provided in
  983  subsection (4).
  984         (4)(a)In order to receive an incentive under s. 288.1088
  985  or s. 288.1089, an applicant must provide the department with a
  986  surety bond, issued by an insurer authorized to do business in
  987  this state, for the amount of the award under the incentive
  988  contract or agreement. Funds may not be paid to an applicant
  989  until the department certifies compliance with this subsection.
  990         1. The contract or agreement must provide that the bond
  991  remain in effect until all performance conditions in the
  992  contract or agreement have been satisfied. The department may
  993  require the bond to cover the entire amount of the contract or
  994  agreement or allow for a bond to be renewed upon the completion
  995  of scheduled performance measurements specified in the contract
  996  or agreement. The contract or agreement must provide that the
  997  release of any funds is contingent upon receipt by the
  998  department of the surety bond.
  999         2.The contract or agreement must provide that up to half
 1000  of the premium payment on the surety bond may be paid from the
 1001  award amount, not to exceed 3 percent of the award.
 1002         3. The applicant shall notify the department at least 10
 1003  days before each premium payment is due.
 1004         4. Any notice of cancellation or nonrenewal issued by an
 1005  insurer must comply with the notice requirements of s. 626.9201.
 1006  If the applicant receives a notice of cancellation or
 1007  nonrenewal, the applicant must immediately notify the
 1008  department.
 1009         5.The cancellation of the surety bond is a violation of
 1010  the contract or agreement between the applicant and the
 1011  department. The department is released from any obligation to
 1012  make future scheduled payments unless the applicant is able to
 1013  secure a new surety bond or comply with the requirements of
 1014  paragraphs (b) and (c) within 90 days before the effective date
 1015  of the cancellation.
 1016         (b) If an applicant is unable to secure a surety bond or
 1017  can demonstrate that obtaining a bond is unreasonable in cost,
 1018  the department may waive the requirements specified in paragraph
 1019  (a) by certifying in writing to the Governor, President of the
 1020  Senate, and Speaker of the House of Representatives the
 1021  following information:
 1022         1.An explanation stating the reasons why the applicant
 1023  could not obtain a bond, to the extent such information is not
 1024  confidential under s. 288.075;
 1025         2. A description of the economic benefits expected to be
 1026  generated by the incentive award which indicates that the
 1027  project warrants waiver of the requirement; and
 1028         3. An evaluation of the quality and value of the applicant
 1029  which supports the selection of the alternative securitization
 1030  under paragraph (c). The department’s evaluation must consider
 1031  the following information when determining the form for securing
 1032  the award amount:
 1033         a. A financial analysis of the company, including an
 1034  evaluation of the company’s short-term liquidity ratio as
 1035  measured by its assets to liability, the company’s profitability
 1036  ratio, and the company’s long-term solvency as measured by its
 1037  debt-to-equity ratio;
 1038         b. The historical market performance of the company;
 1039         c. Any independent evaluations of the company;
 1040         d. The latest audit of the company’s financial statement
 1041  and the related auditor’s management letter; and
 1042         e. Any other types of reports that are related to the
 1043  internal controls or management of the company.
 1044         (c)1. If the department grants a waiver under paragraph
 1045  (b), the incentives contract or agreement must provide for
 1046  securing the award amount in one of the following forms:
 1047         a. An irrevocable letter of credit issued by a financial
 1048  institution, as defined in s. 655.005;
 1049         b. Cash or securities held in trust by a financial
 1050  institution, as defined in s. 655.005, and subject to a control
 1051  agreement; or
 1052         c. A secured transaction in collateral under the control or
 1053  possession of the applicant for the value of the award amount.
 1054  The department is authorized to negotiate the terms and
 1055  conditions of the security agreement.
 1056         2.The contract or agreement must provide that the release
 1057  of any funds is contingent upon the receipt of documentation by
 1058  the department which satisfies all of the requirements found in
 1059  this paragraph. Funds may not be paid to the applicant until the
 1060  department certifies compliance with this subsection.
 1061         3.The irrevocable letter of credit, trust, or security
 1062  agreement must remain in effect until all performance conditions
 1063  specified in the contract or agreement have been satisfied.
 1064  Failure to comply with this provision results in a violation of
 1065  the contract or agreement between the applicant and the
 1066  department and releases the department from any obligation to
 1067  make future scheduled payments.
 1068         (d) The department may waive the requirements of paragraphs
 1069  (a) through (c) by certifying to the Governor and the chair and
 1070  vice chair of the Legislative Budget Commission the following
 1071  information:
 1072         1. The applicant demonstrates the financial ability to
 1073  fulfill the requirements of the contract and has submitted an
 1074  independently audited financial statement for the previous 5
 1075  years;
 1076         2. If applicable, the applicant was previously a recipient
 1077  of an incentive under an economic development program, was
 1078  subject to clawback requirements, and timely complied with those
 1079  provisions; and
 1080         3. The department has determined that waiver of the
 1081  requirements of paragraphs (a) through (c) is in the best
 1082  interest of the state.
 1083         (e) For waivers granted under paragraph (d), the department
 1084  shall provide a written description and evaluation of the waiver
 1085  to the chair and vice chair of the Legislative Budget
 1086  Commission. Such information may be provided at the same time
 1087  that the information for the project consultation is provided to
 1088  the Legislative Budget Commission under s. 288.1088 or s.
 1089  288.1089. If the chair or vice chair of the Legislative Budget
 1090  Commission timely advises the department that such action or
 1091  proposed action exceeds delegated authority or is contrary to
 1092  legislative policy or intent, the department shall void the
 1093  waiver until the Legislative Budget Commission or the
 1094  Legislature addresses the issue. A waiver granted by the
 1095  department for any project exceeding $5 million must be approved
 1096  by the Legislative Budget Commission.
 1097         (f) The provisions of this subsection shall apply to any
 1098  contract entered into on or after July 1, 2013.
 1099         (5) In the event of default on the performance conditions
 1100  specified in the contract or agreement, or violation of any of
 1101  the provisions found in this section, the state may, in addition
 1102  to any other remedy provided by law, bring suit to enforce its
 1103  interest.
 1104         (6)(3) The department shall validate contractor performance
 1105  and report. such Such validation shall be reported in the annual
 1106  incentives incentive report required under s. 288.907.
 1107         (7) The department is authorized to adopt rules to
 1108  implement this section.
 1109         Section 12. Subsection (8) of section 288.0656, Florida
 1110  Statutes, is amended to read:
 1111         288.0656 Rural Economic Development Initiative.—
 1112         (8) REDI shall submit a report to the department Governor,
 1113  the President of the Senate, and the Speaker of the House of
 1114  Representatives each year on or before September 1 on all REDI
 1115  activities for the previous prior fiscal year as a supplement to
 1116  the department’s annual report required under s. 20.60. This
 1117  supplementary report must shall include:
 1118         (a) A status report on all projects currently being
 1119  coordinated through REDI, the number of preferential awards and
 1120  allowances made pursuant to this section, the dollar amount of
 1121  such awards, and the names of the recipients.
 1122         (b)The report shall also include A description of all
 1123  waivers of program requirements granted.
 1124         (c)The report shall also include Information as to the
 1125  economic impact of the projects coordinated by REDI., and
 1126         (d) Recommendations based on the review and evaluation of
 1127  statutes and rules having an adverse impact on rural
 1128  communities, and proposals to mitigate such adverse impacts.
 1129         Section 13. Effective October 1, 2013, section 288.076,
 1130  Florida Statutes, is created to read:
 1131         288.076Return on investment reporting for economic
 1132  development programs.—
 1133         (1) As used in this section, the term:
 1134         (a) “Jobs” has the same meaning as provided in s.
 1135  288.106(2)(i).
 1136         (b) “Participant business” means an employing unit, as
 1137  defined in s. 443.036, that has entered into an agreement with
 1138  the department to receive a state investment.
 1139         (c) “Project” has the same meaning as provided in s.
 1140  288.106(2)(m).
 1141         (d) “Project award date” means the date a participant
 1142  business enters into an agreement with the department to receive
 1143  a state investment.
 1144         (e) “State investment” means any state grants, tax
 1145  exemptions, tax refunds, tax credits, or other state incentives
 1146  provided to a business under a program administered by the
 1147  department, including the capital investment tax credit under s.
 1148  220.191.
 1149         (2) The department shall maintain a website for the purpose
 1150  of publishing the information described in this section. The
 1151  information required to be published under this section must be
 1152  provided in a format accessible to the public which enables
 1153  users to search for and sort specific data and to easily view
 1154  and retrieve all data at once.
 1155         (3) Within 48 hours after expiration of the period of
 1156  confidentiality for project information deemed confidential and
 1157  exempt pursuant to s. 288.075, the department shall publish the
 1158  following information pertaining to each project:
 1159         (a) Projected economic benefits.—The projected economic
 1160  benefits at the time of the initial project award date.
 1161         (b) Project information.
 1162         1. The program or programs through which state investment
 1163  is being made.
 1164         2. The maximum potential cumulative state investment in the
 1165  project.
 1166         3. The target industry or industries, and any high impact
 1167  sectors implicated by the project.
 1168         4. The county or counties that will be impacted by the
 1169  project.
 1170         5. The total cumulative local financial commitment and in
 1171  kind support for the project.
 1172         (c) Participant business information.
 1173         1. The location of the headquarters of the participant
 1174  business or, if a subsidiary, the headquarters of the parent
 1175  company.
 1176         2. The firm size class of the participant business, or
 1177  where owned by a parent company the firm size class of the
 1178  participant business’s parent company, using the firm size
 1179  classes established by the United States Department of Labor
 1180  Bureau of Labor Statistics, and whether the participant business
 1181  qualifies as a small business as defined in s. 288.703.
 1182         3. The date of the project award.
 1183         4. The expected duration of the contract.
 1184         5. The anticipated dates when the participant business will
 1185  claim the last state investment.
 1186         (d) Project evaluation criteria.
 1187         1. Economic benefits generated by the project.
 1188         2. The net indirect and induced incremental jobs to be
 1189  generated by the project.
 1190         3. The net indirect and induced incremental capital
 1191  investment to be generated by the project.
 1192         (e) Project performance goals.
 1193         1. The incremental direct jobs attributable to the project,
 1194  identifying the number of jobs generated and the number of jobs
 1195  retained.
 1196         2. The number of jobs generated and the number of jobs
 1197  retained by the project, and for projects commencing after
 1198  October 1, 2013, the median annual wage of persons holding such
 1199  jobs.
 1200         3. The incremental direct capital investment in the state
 1201  generated by the project.
 1202         (f) Total state investment to date.—The total amount of
 1203  state investment disbursed to the participant business to date
 1204  under the terms of the contract, itemized by incentive program.
 1205         (4) The department shall use methodology and formulas
 1206  established by the Office of Economic and Demographic Research
 1207  to calculate the economic benefits of each project. The
 1208  department shall calculate and publish on its website the
 1209  economic benefits of each project within 48 hours after the
 1210  conclusion of the agreement between each participant business
 1211  and the department. The Office of Economic and Demographic
 1212  Research shall provide a description of the methodology used to
 1213  calculate the economic benefits of a project to the department,
 1214  and the department must publish the information on its website
 1215  within 48 hours after receiving such information.
 1216         (5) At least annually, from the project award date, the
 1217  department shall:
 1218         (a) Publish verified results to update the information
 1219  described in paragraphs (3)(b)-(f) to accurately reflect any
 1220  changes in the published information since the project award
 1221  date.
 1222         (b) Publish on its website the date on which the
 1223  information collected and published for each project was last
 1224  updated.
 1225         (6) Annually, the department shall publish information
 1226  relating to the progress of Quick Action Closing Fund projects,
 1227  including the average number of days between the date the
 1228  department receives a completed application and the date on
 1229  which the application is approved.
 1230         (7) The department shall publish the following documents at
 1231  the times specified herein:
 1232         (a) Within 48 hours after expiration of the period of
 1233  confidentiality provided under s. 288.075, the department shall
 1234  publish the contract or agreement described in s. 288.061. The
 1235  contract or agreement must be redacted to protect the
 1236  participant business from disclosure of information that remains
 1237  confidential or exempt by law.
 1238         (b) Within 48 hours after submitting any report of findings
 1239  and recommendations made pursuant to s. 288.106(7)(d) concerning
 1240  a business’s failure to complete a tax refund agreement pursuant
 1241  to the tax refund program for qualified target industry
 1242  businesses, the department shall publish such report.
 1243         (8) For projects completed before October 1, 2013, the
 1244  department shall compile and, by October 1, 2014, shall publish
 1245  the information described in subsections (3), (4), and (5), to
 1246  the extent such information is available and applicable.
 1247         (9) The provisions of this section that restrict the
 1248  department’s publication of information are intended only to
 1249  limit the information that the department may publish on its
 1250  website and shall not be construed to create an exemption from
 1251  public records requirements under s. 119.07(1) or s. 24(a), Art.
 1252  I of the State Constitution.
 1253         (10) The department may adopt rules to administer this
 1254  section.
 1255         Section 14. Paragraph (c) of subsection (3) of section
 1256  288.095, Florida Statutes, is repealed.
 1257         Section 15. Paragraph (c) of subsection (4) and paragraph
 1258  (d) of subsection (7) of section 288.106, Florida Statutes, are
 1259  amended to read:
 1260         288.106 Tax refund program for qualified target industry
 1261  businesses.—
 1262         (4) APPLICATION AND APPROVAL PROCESS.—
 1263         (c) Each application meeting the requirements of paragraph
 1264  (b) must be submitted to the department for determination of
 1265  eligibility. The department shall review and evaluate each
 1266  application based on, but not limited to, the following
 1267  criteria:
 1268         1. Expected contributions to the state’s economy,
 1269  consistent with the state strategic economic development plan
 1270  prepared by the department.
 1271         2. The economic benefits of the proposed award of tax
 1272  refunds under this section and the economic benefits of state
 1273  incentives proposed for the project. The term “economic
 1274  benefits” has the same meaning as in s. 288.005. The Office of
 1275  Economic and Demographic Research shall review and evaluate the
 1276  methodology and model used to calculate the economic benefits
 1277  and shall report its findings by September 1 of every 3rd year,
 1278  to the President of the Senate and the Speaker of the House of
 1279  Representatives.
 1280         3. The amount of capital investment to be made by the
 1281  applicant in this state.
 1282         4. The local financial commitment and support for the
 1283  project.
 1284         5. The expected effect of the project on the unemployed and
 1285  underemployed unemployment rate in the county where the project
 1286  will be located.
 1287         6. The expected effect of the award on the viability of the
 1288  project and the probability that the project would be undertaken
 1289  in this state if such tax refunds are granted to the applicant.
 1290         7. The expected long-term commitment of the applicant to
 1291  economic growth and employment in this state resulting from the
 1292  project.
 1293         7.8. A review of the business’s past activities in this
 1294  state or other states, including whether the such business has
 1295  been subjected to criminal or civil fines and penalties and
 1296  whether the business received economic development incentives in
 1297  other states and the results of such incentive agreements. This
 1298  subparagraph does not require the disclosure of confidential
 1299  information.
 1300         (7) ADMINISTRATION.—
 1301         (d) Beginning with tax refund agreements signed after July
 1302  1, 2010, the department shall attempt to ascertain the causes
 1303  for any business’s failure to complete its agreement and shall
 1304  report its findings and recommendations must be included in the
 1305  annual incentives report under s. 288.907 to the Governor, the
 1306  President of the Senate, and the Speaker of the House of
 1307  Representatives. The report shall be submitted by December 1 of
 1308  each year beginning in 2011.
 1309         Section 16. Paragraphs (c) and (d) of subsection (1),
 1310  subsections (2) and (3), and paragraphs (a), (b), and (f) of
 1311  subsection (4) of section 288.107, Florida Statutes, are amended
 1312  to read:
 1313         288.107 Brownfield redevelopment bonus refunds.—
 1314         (1) DEFINITIONS.—As used in this section:
 1315         (c) “Brownfield area eligible for bonus refunds” means a
 1316  brownfield site for which a rehabilitation agreement with the
 1317  Department of Environmental Protection or a local government
 1318  delegated by the Department of Environmental Protection has been
 1319  executed under s. 376.80 and any abutting real property parcel
 1320  within a brownfield contiguous area of one or more brownfield
 1321  sites, some of which may not be contaminated, and which has been
 1322  designated by a local government by resolution under s. 376.80.
 1323  Such areas may include all or portions of community
 1324  redevelopment areas, enterprise zones, empowerment zones, other
 1325  such designated economically deprived communities and areas, and
 1326  Environmental-Protection-Agency-designated brownfield pilot
 1327  projects.
 1328         (d) “Eligible business” means:
 1329         1. A qualified target industry business as defined in s.
 1330  288.106(2); or
 1331         2. A business that can demonstrate a fixed capital
 1332  investment of at least $2 million in mixed-use business
 1333  activities, including multiunit housing, commercial, retail, and
 1334  industrial in brownfield areas eligible for bonus refunds, or at
 1335  least $500,000 in brownfield areas that do not require site
 1336  cleanup, and that provides benefits to its employees.
 1337         (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
 1338  shall be approved by the department as specified in the final
 1339  order and allowed from the account as follows:
 1340         (a) A bonus refund of $2,500 shall be allowed to any
 1341  qualified target industry business as defined in s. 288.106 for
 1342  each new Florida job created in a brownfield area eligible for
 1343  bonus refunds which that is claimed on the qualified target
 1344  industry business’s annual refund claim authorized in s.
 1345  288.106(6).
 1346         (b) A bonus refund of up to $2,500 shall be allowed to any
 1347  other eligible business as defined in subparagraph (1)(d)2. for
 1348  each new Florida job created in a brownfield area eligible for
 1349  bonus refunds which that is claimed under an annual claim
 1350  procedure similar to the annual refund claim authorized in s.
 1351  288.106(6). The amount of the refund shall be equal to 20
 1352  percent of the average annual wage for the jobs created.
 1353         (3) CRITERIA.—The minimum criteria for participation in the
 1354  brownfield redevelopment bonus refund are:
 1355         (a) The creation of at least 10 new full-time permanent
 1356  jobs. Such jobs shall not include construction or site
 1357  rehabilitation jobs associated with the implementation of a
 1358  brownfield site agreement as described in s. 376.80(5).
 1359         (b) The completion of a fixed capital investment of at
 1360  least $2 million in mixed-use business activities, including
 1361  multiunit housing, commercial, retail, and industrial in
 1362  brownfield areas eligible for bonus refunds, or at least
 1363  $500,000 in brownfield areas that do not require site cleanup,
 1364  by an eligible business applying for a refund under paragraph
 1365  (2)(b) which provides benefits to its employees.
 1366         (c) That the designation as a brownfield will diversify and
 1367  strengthen the economy of the area surrounding the site.
 1368         (d) That the designation as a brownfield will promote
 1369  capital investment in the area beyond that contemplated for the
 1370  rehabilitation of the site.
 1371         (e) A resolution adopted by the governing board of the
 1372  county or municipality in which the project will be located that
 1373  recommends that certain types of businesses be approved.
 1374         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 1375         (a) To be eligible to receive a bonus refund for new
 1376  Florida jobs created in a brownfield area eligible for bonus
 1377  refunds, a business must have been certified as a qualified
 1378  target industry business under s. 288.106 or eligible business
 1379  as defined in paragraph (1)(d) and must have indicated on the
 1380  qualified target industry business tax refund application form
 1381  submitted in accordance with s. 288.106(4) or other similar
 1382  agreement for other eligible business as defined in paragraph
 1383  (1)(d) that the project for which the application is submitted
 1384  is or will be located in a brownfield area eligible for bonus
 1385  refunds and that the business is applying for certification as a
 1386  qualified brownfield business under this section, and must have
 1387  signed a qualified target industry business tax refund agreement
 1388  with the department that indicates that the business has been
 1389  certified as a qualified target industry business located in a
 1390  brownfield area eligible for bonus refunds and specifies the
 1391  schedule of brownfield redevelopment bonus refunds that the
 1392  business may be eligible to receive in each fiscal year.
 1393         (b) To be considered to receive an eligible brownfield
 1394  redevelopment bonus refund payment, the business meeting the
 1395  requirements of paragraph (a) must submit a claim once each
 1396  fiscal year on a claim form approved by the department which
 1397  indicates the location of the brownfield site for which a
 1398  rehabilitation agreement with the Department of Environmental
 1399  Protection or a local government delegated by the Department of
 1400  Environmental Protection has been executed under s. 376.80, the
 1401  address of the business facility’s brownfield location, the name
 1402  of the brownfield in which it is located, the number of jobs
 1403  created, and the average wage of the jobs created by the
 1404  business within the brownfield as defined in s. 288.106 or other
 1405  eligible business as defined in paragraph (1)(d) and the
 1406  administrative rules and policies for that section.
 1407         (f) Applications shall be reviewed and certified pursuant
 1408  to s. 288.061. The department shall review all applications
 1409  submitted under s. 288.106 or other similar application forms
 1410  for other eligible businesses as defined in paragraph (1)(d)
 1411  which indicate that the proposed project will be located in a
 1412  brownfield area eligible for bonus refunds and determine, with
 1413  the assistance of the Department of Environmental Protection,
 1414  that the project location is within a brownfield area eligible
 1415  for bonus refunds as provided in this act.
 1416         Section 17. Subsection (8) of section 288.1081, Florida
 1417  Statutes, is amended to read:
 1418         288.1081 Economic Gardening Business Loan Pilot Program.—
 1419         (8) The annual report required under s. 20.60 must describe
 1420  On June 30 and December 31 of each year, the department shall
 1421  submit a report to the Governor, the President of the Senate,
 1422  and the Speaker of the House of Representatives which describes
 1423  in detail the use of the loan funds. The report must include, at
 1424  a minimum, the number of businesses receiving loans, the number
 1425  of full-time equivalent jobs created as a result of the loans,
 1426  the amount of wages paid to employees in the newly created jobs,
 1427  the locations and types of economic activity undertaken by the
 1428  borrowers, the amounts of loan repayments made to date, and the
 1429  default rate of borrowers.
 1430         Section 18. Subsection (8) of section 288.1082, Florida
 1431  Statutes, is amended to read:
 1432         288.1082 Economic Gardening Technical Assistance Pilot
 1433  Program.—
 1434         (8) The annual report required under s. 20.60 must describe
 1435  On December 31 of each year, the department shall submit a
 1436  report to the Governor, the President of the Senate, and the
 1437  Speaker of the House of Representatives which describes in
 1438  detail the progress of the pilot program. The report must
 1439  include, at a minimum, the number of businesses receiving
 1440  assistance, the number of full-time equivalent jobs created as a
 1441  result of the assistance, if any, the amount of wages paid to
 1442  employees in the newly created jobs, and the locations and types
 1443  of economic activity undertaken by the businesses.
 1444         Section 19. Paragraph (e) of subsection (3) of section
 1445  288.1088, Florida Statutes, is amended to read:
 1446         288.1088 Quick Action Closing Fund.—
 1447         (3)
 1448         (e) The department Enterprise Florida, Inc., shall validate
 1449  contractor performance and report. such validation in the annual
 1450  incentives report required under s. 288.907 shall be reported
 1451  within 6 months after completion of the contract to the
 1452  Governor, President of the Senate, and the Speaker of the House
 1453  of Representatives.
 1454         Section 20. Paragraphs (b) and (d) of subsection (4), and
 1455  subsections (9) and (11) of section 288.1089, Florida Statutes,
 1456  are amended to read:
 1457         288.1089 Innovation Incentive Program.—
 1458         (4) To qualify for review by the department, the applicant
 1459  must, at a minimum, establish the following to the satisfaction
 1460  of the department:
 1461         (b) A research and development project must:
 1462         1. Serve as a catalyst for an emerging or evolving
 1463  technology cluster.
 1464         2. Demonstrate a plan for significant higher education
 1465  collaboration.
 1466         3. Provide the state, at a minimum, a cumulative break-even
 1467  economic benefit return on investment within a 20-year period.
 1468         4. Be provided with a one-to-one match from the local
 1469  community. The match requirement may be reduced or waived in
 1470  rural areas of critical economic concern or reduced in rural
 1471  areas, brownfield areas, and enterprise zones.
 1472         (d) For an alternative and renewable energy project in this
 1473  state, the project must:
 1474         1. Demonstrate a plan for significant collaboration with an
 1475  institution of higher education;
 1476         2. Provide the state, at a minimum, a cumulative break-even
 1477  economic benefit return on investment within a 20-year period;
 1478         3. Include matching funds provided by the applicant or
 1479  other available sources. The match requirement may be reduced or
 1480  waived in rural areas of critical economic concern or reduced in
 1481  rural areas, brownfield areas, and enterprise zones;
 1482         4. Be located in this state; and
 1483         5. Provide at least 35 direct, new jobs that pay an
 1484  estimated annual average wage that equals at least 130 percent
 1485  of the average private sector wage.
 1486         (9) The department shall validate the performance of an
 1487  innovation business, a research and development facility, or an
 1488  alternative and renewable energy business that has received an
 1489  award. At the conclusion of the innovation incentive award
 1490  agreement, or its earlier termination, the department shall
 1491  include in the annual incentives report required under s.
 1492  288.907 a detailed description of, within 90 days, submit a
 1493  report to the Governor, the President of the Senate, and the
 1494  Speaker of the House of Representatives detailing whether the
 1495  recipient of the innovation incentive grant achieved its
 1496  specified outcomes.
 1497         (11)(a) The department shall include in submit to the
 1498  Governor, the President of the Senate, and the Speaker of the
 1499  House of Representatives, as part of the annual incentives
 1500  report required under s. 288.907, a report summarizing the
 1501  activities and accomplishments of the recipients of grants from
 1502  the Innovation Incentive Program during the previous 12 months
 1503  and an evaluation of whether the recipients are catalysts for
 1504  additional direct and indirect economic development in Florida.
 1505         (b) Beginning March 1, 2010, and every third year
 1506  thereafter, the Office of Program Policy Analysis and Government
 1507  Accountability, in consultation with the Auditor General’s
 1508  Office, shall release a report evaluating the Innovation
 1509  Incentive Program’s progress toward creating clusters of high
 1510  wage, high-skilled, complementary industries that serve as
 1511  catalysts for economic growth specifically in the regions in
 1512  which they are located, and generally for the state as a whole.
 1513  Such report should include critical analyses of quarterly and
 1514  annual reports, annual audits, and other documents prepared by
 1515  the Innovation Incentive Program awardees; relevant economic
 1516  development reports prepared by the department, Enterprise
 1517  Florida, Inc., and local or regional economic development
 1518  organizations; interviews with the parties involved; and any
 1519  other relevant data. Such report should also include legislative
 1520  recommendations, if necessary, on how to improve the Innovation
 1521  Incentive Program so that the program reaches its anticipated
 1522  potential as a catalyst for direct and indirect economic
 1523  development in this state.
 1524         Section 21. Subsection (3) of section 288.1253, Florida
 1525  Statutes, is amended to read:
 1526         288.1253 Travel and entertainment expenses.—
 1527         (3) The Office of Film and Entertainment department shall
 1528  include in the annual report for the entertainment industry
 1529  financial incentive program required under s. 288.1254(10) a
 1530  prepare an annual report of the office’s expenditures of the
 1531  Office of Film and Entertainment and provide such report to the
 1532  Legislature no later than December 30 of each year for the
 1533  expenditures of the previous fiscal year. The report must shall
 1534  consist of a summary of all travel, entertainment, and
 1535  incidental expenses incurred within the United States and all
 1536  travel, entertainment, and incidental expenses incurred outside
 1537  the United States, as well as a summary of all successful
 1538  projects that developed from such travel.
 1539         Section 22. Subsection (10) of section 288.1254, Florida
 1540  Statutes, is amended to read:
 1541         288.1254 Entertainment industry financial incentive
 1542  program.—
 1543         (10) ANNUAL REPORT.—Each November 1 October 1, the Office
 1544  of Film and Entertainment shall submit provide an annual report
 1545  for the previous fiscal year to the Governor, the President of
 1546  the Senate, and the Speaker of the House of Representatives
 1547  which outlines the incentive program’s return on investment and
 1548  economic benefits to the state. The report must shall also
 1549  include an estimate of the full-time equivalent positions
 1550  created by each production that received tax credits under this
 1551  section and information relating to the distribution of
 1552  productions receiving credits by geographic region and type of
 1553  production. The report must also include the expenditures report
 1554  required under s. 288.1253(3) and the information describing the
 1555  relationship between tax exemptions and incentives to industry
 1556  growth required under s. 288.1258(5).
 1557         Section 23. Subsection (5) of section 288.1258, Florida
 1558  Statutes, is amended to read:
 1559         288.1258 Entertainment industry qualified production
 1560  companies; application procedure; categories; duties of the
 1561  Department of Revenue; records and reports.—
 1562         (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
 1563  INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The Office of Film
 1564  and Entertainment shall keep annual records from the information
 1565  provided on taxpayer applications for tax exemption certificates
 1566  beginning January 1, 2001. These records also must shall reflect
 1567  a ratio of the annual amount of sales and use tax exemptions
 1568  under this section, plus the incentives awarded pursuant to s.
 1569  288.1254 to the estimated amount of funds expended by certified
 1570  productions. In addition, the office shall maintain data showing
 1571  annual growth in Florida-based entertainment industry companies
 1572  and entertainment industry employment and wages. The employment
 1573  information must shall include an estimate of the full-time
 1574  equivalent positions created by each production that received
 1575  tax credits pursuant to s. 288.1254. The Office of Film and
 1576  Entertainment shall include report this information in the
 1577  annual report for the entertainment industry financial incentive
 1578  program required under s. 288.1254(10) to the Legislature no
 1579  later than December 1 of each year.
 1580         Section 24. Subsection (3) of section 288.714, Florida
 1581  Statutes, is amended to read:
 1582         288.714 Quarterly and annual reports.—
 1583         (3) By August 31 of each year, The department shall include
 1584  in its annual report required under s. 20.60 provide to the
 1585  Governor, the President of the Senate, and the Speaker of the
 1586  House of Representatives a detailed report of the performance of
 1587  the Black Business Loan Program. The report must include a
 1588  cumulative summary of the quarterly report data compiled
 1589  pursuant to required by subsection (2) (1).
 1590         Section 25. Section 288.7771, Florida Statutes, is amended
 1591  to read:
 1592         288.7771 Annual report of Florida Export Finance
 1593  Corporation.—The corporation shall annually prepare and submit
 1594  to Enterprise Florida, Inc., the department for inclusion in its
 1595  annual report required under s. 288.906 by s. 288.095 a complete
 1596  and detailed report setting forth:
 1597         (1) The report required in s. 288.776(3).
 1598         (2) Its assets and liabilities at the end of its most
 1599  recent fiscal year.
 1600         Section 26. Subsections (3), (4), and (5) of section
 1601  288.903, Florida Statutes, are amended to read:
 1602         288.903 Duties of Enterprise Florida, Inc.—Enterprise
 1603  Florida, Inc., shall have the following duties:
 1604         (3) Prepare an annual report pursuant to s. 288.906.
 1605         (4) Prepare, in conjunction with the department, and an
 1606  annual incentives report pursuant to s. 288.907.
 1607         (5)(4) Assist the department with the development of an
 1608  annual and a long-range strategic business blueprint for
 1609  economic development required in s. 20.60.
 1610         (6)(5) In coordination with Workforce Florida, Inc.,
 1611  identify education and training programs that will ensure
 1612  Florida businesses have access to a skilled and competent
 1613  workforce necessary to compete successfully in the domestic and
 1614  global marketplace.
 1615         Section 27. Subsection (6) of section 288.904, Florida
 1616  Statutes, is repealed.
 1617         Section 28. Subsection (3) is added to section 288.906,
 1618  Florida Statutes, to read:
 1619         288.906 Annual report of Enterprise Florida, Inc., and its
 1620  divisions; audits.—
 1621         (3) The following reports must be included as supplements
 1622  to the detailed report required by this section:
 1623         (a)The annual report of the Florida Export Finance
 1624  Corporation required under s. 288.7771.
 1625         (b)The report on international offices required under s.
 1626  288.012.
 1627         Section 29. Section 288.907, Florida Statutes, is amended
 1628  to read:
 1629         288.907 Annual incentives report.—
 1630         (1)By December 30 of each year, In addition to the annual
 1631  report required under s. 288.906, Enterprise Florida, Inc., in
 1632  conjunction with the department, by December 30 of each year,
 1633  shall provide the Governor, the President of the Senate, and the
 1634  Speaker of the House of Representatives a detailed incentives
 1635  report quantifying the economic benefits for all of the economic
 1636  development incentive programs marketed by Enterprise Florida,
 1637  Inc.
 1638         (a) The annual incentives report must include:
 1639         (1) For each incentive program:
 1640         (a)1. A brief description of the incentive program.
 1641         (b)2. The amount of awards granted, by year, since
 1642  inception and the annual amount actually transferred from the
 1643  state treasury to businesses or for the benefit of businesses
 1644  for each of the previous 3 years.
 1645         3. The economic benefits, as defined in s. 288.005, based
 1646  on the actual amount of private capital invested, actual number
 1647  of jobs created, and actual wages paid for incentive agreements
 1648  completed during the previous 3 years.
 1649         (c)4.The report shall also include The actual amount of
 1650  private capital invested, actual number of jobs created, and
 1651  actual wages paid for incentive agreements completed during the
 1652  previous 3 years for each target industry sector.
 1653         (2)(b) For projects completed during the previous state
 1654  fiscal year, the report must include:
 1655         (a)1. The number of economic development incentive
 1656  applications received.
 1657         (b)2. The number of recommendations made to the department
 1658  by Enterprise Florida, Inc., including the number recommended
 1659  for approval and the number recommended for denial.
 1660         (c)3. The number of final decisions issued by the
 1661  department for approval and for denial.
 1662         (d)4. The projects for which a tax refund, tax credit, or
 1663  cash grant agreement was executed, identifying for each project:
 1664         1.a. The number of jobs committed to be created.
 1665         2.b. The amount of capital investments committed to be
 1666  made.
 1667         3.c. The annual average wage committed to be paid.
 1668         4.d. The amount of state economic development incentives
 1669  committed to the project from each incentive program under the
 1670  project’s terms of agreement with the Department of Economic
 1671  Opportunity.
 1672         5.e. The amount and type of local matching funds committed
 1673  to the project.
 1674         (e) Tax refunds paid or other payments made funded out of
 1675  the Economic Development Incentives Account for each project.
 1676         (f) The types of projects supported.
 1677         (3)(c) For economic development projects that received tax
 1678  refunds, tax credits, or cash grants under the terms of an
 1679  agreement for incentives, the report must identify:
 1680         (a)1. The number of jobs actually created.
 1681         (b)2. The amount of capital investments actually made.
 1682         (c)3. The annual average wage paid.
 1683         (4)(d) For a project receiving economic development
 1684  incentives approved by the department and receiving federal or
 1685  local incentives, the report must include a description of the
 1686  federal or local incentives, if available.
 1687         (5)(e) The report must state the number of withdrawn or
 1688  terminated projects that did not fulfill the terms of their
 1689  agreements with the department and, consequently, are not
 1690  receiving incentives.
 1691         (6) For any agreements signed after July 1, 2010, findings
 1692  and recommendations on the efforts of the department to
 1693  ascertain the causes of any business’s inability to complete its
 1694  agreement made under s. 288.106.
 1695         (7)(f) The amount report must include an analysis of the
 1696  economic benefits, as defined in s. 288.005, of tax refunds, tax
 1697  credits, or other payments made to projects locating or
 1698  expanding in state enterprise zones, rural communities,
 1699  brownfield areas, or distressed urban communities. The report
 1700  must include a separate analysis of the impact of such tax
 1701  refunds on state enterprise zones designated under s. 290.0065,
 1702  rural communities, brownfield areas, and distressed urban
 1703  communities.
 1704         (8) The name of and tax refund amount for each business
 1705  that has received a tax refund under s. 288.1045 or s. 288.106
 1706  during the preceding fiscal year.
 1707         (9)(g)An identification of The report must identify the
 1708  target industry businesses and high-impact businesses.
 1709         (10)(h)A description of The report must describe the
 1710  trends relating to business interest in, and usage of, the
 1711  various incentives, and the number of minority-owned or woman
 1712  owned businesses receiving incentives.
 1713         (l1)(i)An identification of The report must identify
 1714  incentive programs not used and recommendations for program
 1715  changes or program elimination utilized.
 1716         (12)Information related to the validation of contractor
 1717  performance required under s. 288.061.
 1718         (13) Beginning in 2014, a summation of the activities
 1719  related to the Florida Space Business Incentives Act.
 1720         (2) The Division of Strategic Business Development within
 1721  the department shall assist Enterprise Florida, Inc., in the
 1722  preparation of the annual incentives report.
 1723         Section 30. Subsection (3) of section 288.92, Florida
 1724  Statutes, is amended to read:
 1725         288.92 Divisions of Enterprise Florida, Inc.—
 1726         (3) By October 15 each year, Each division shall draft and
 1727  submit an annual report for inclusion in the report required
 1728  under 288.906 which details the division’s activities during the
 1729  previous prior fiscal year and includes any recommendations for
 1730  improving current statutes related to the division’s related
 1731  area of responsibility.
 1732         Section 31. Subsection (5) of section 288.95155, Florida
 1733  Statutes, is amended to read:
 1734         288.95155 Florida Small Business Technology Growth
 1735  Program.—
 1736         (5) Enterprise Florida, Inc., shall prepare for inclusion
 1737  in the annual report of the department required under s. 288.907
 1738  by s. 288.095 a report on the financial status of the program.
 1739  The report must specify the assets and liabilities of the
 1740  program within the current fiscal year and must include a
 1741  portfolio update that lists all of the businesses assisted, the
 1742  private dollars leveraged by each business assisted, and the
 1743  growth in sales and in employment of each business assisted.
 1744         Section 32. Section 288.9918, Florida Statutes, is amended
 1745  to read:
 1746         288.9918 Annual reporting by a community development
 1747  entity.—
 1748         (1) A community development entity that has issued a
 1749  qualified investment shall submit an annual report to the
 1750  department by January 31 April 30 after the end of each year
 1751  which includes a credit allowance date. The report shall include
 1752  information on investments made in the preceding calendar year
 1753  to include but not limited to the following:
 1754         (1) The entity’s annual financial statements for the
 1755  preceding tax year, audited by an independent certified public
 1756  accountant.
 1757         (a)(2) The identity of the types of industries, identified
 1758  by the North American Industry Classification System Code, in
 1759  which qualified low-income community investments were made.
 1760         (b)(3) The names of the counties in which the qualified
 1761  active low-income businesses are located which received
 1762  qualified low-income community investments.
 1763         (c)(4) The number of jobs created and retained by qualified
 1764  active low-income community businesses receiving qualified low
 1765  income community investments, including verification that the
 1766  average wages paid meet or exceed 115 percent of the federal
 1767  poverty income guidelines for a family of four.
 1768         (d)(5) A description of the relationships that the entity
 1769  has established with community-based organizations and local
 1770  community development offices and organizations and a summary of
 1771  the outcomes resulting from those relationships.
 1772         (e)(6) Other information and documentation required by the
 1773  department to verify continued certification as a qualified
 1774  community development entity under 26 U.S.C. s. 45D.
 1775         (2) By April 30 after the end of each year which includes a
 1776  credit allowance date, a community development entity shall
 1777  submit annual financial statements for the preceding tax year,
 1778  audited by an independent certified public accountant.
 1779         Section 33. Subsection (6) of section 290.0055, Florida
 1780  Statutes, is amended to read:
 1781         290.0055 Local nominating procedure.—
 1782         (6)(a) The department may approve a change in the boundary
 1783  of any enterprise zone which was designated pursuant to s.
 1784  290.0065. A boundary change must continue to satisfy the
 1785  requirements of subsections (3), (4), and (5).
 1786         (b) Upon a recommendation by the enterprise zone
 1787  development agency, the governing body of the jurisdiction which
 1788  authorized the application for an enterprise zone may apply to
 1789  the department for a change in boundary once every 3 years by
 1790  adopting a resolution that:
 1791         1. States with particularity the reasons for the change;
 1792  and
 1793         2. Describes specifically and, to the extent required by
 1794  the department, the boundary change to be made.
 1795         (c) At least 90 days before adopting a resolution seeking a
 1796  change in the boundary of an enterprise zone, the governing body
 1797  shall include in a notice of the meeting at which the resolution
 1798  will be considered an explanation that a change in the boundary
 1799  of an enterprise zone will be considered and that the change may
 1800  result in loss of enterprise zone eligibility for the area
 1801  affected by the boundary change.
 1802         (d)1. The governing body of a jurisdiction which has
 1803  nominated an application for an enterprise zone that is at least
 1804  15 square miles and less than 20 square miles no larger than 12
 1805  square miles and includes a portion of the state designated as a
 1806  rural area of critical economic concern under s. 288.0656(7) may
 1807  apply to the department to expand the boundary of the existing
 1808  enterprise zone by not more than 3 square miles. An application
 1809  to expand the boundary of an enterprise zone under this
 1810  paragraph must be submitted by December 31, 2012.
 1811         2. The governing body of a jurisdiction which has nominated
 1812  an application for an enterprise zone that is at least 20 square
 1813  miles and includes a portion of the state designated as a rural
 1814  area of critical economic concern under s. 288.0656(7) may apply
 1815  to the department to expand the boundary of the existing
 1816  enterprise zone by not more than 5 square miles.
 1817         3. An application to expand the boundary of an enterprise
 1818  zone under this paragraph must be submitted by December 31,
 1819  2013.
 1820         4.2. Notwithstanding the area limitations specified in
 1821  subsection (4), the department may approve the request for a
 1822  boundary amendment if the area continues to satisfy the
 1823  remaining requirements of this section.
 1824         5.3. The department shall establish the initial effective
 1825  date of an enterprise zone designated under this paragraph.
 1826         Section 34. Subsection (11) of section 290.0056, Florida
 1827  Statutes, is amended to read:
 1828         290.0056 Enterprise zone development agency.—
 1829         (11) Before October 1 December 1 of each year, the agency
 1830  shall submit to the department for inclusion in the annual
 1831  report required under s. 20.60 a complete and detailed written
 1832  report setting forth:
 1833         (a) Its operations and accomplishments during the fiscal
 1834  year.
 1835         (b) The accomplishments and progress concerning the
 1836  implementation of the strategic plan or measurable goals, and
 1837  any updates to the strategic plan or measurable goals.
 1838         (c) The number and type of businesses assisted by the
 1839  agency during the fiscal year.
 1840         (d) The number of jobs created within the enterprise zone
 1841  during the fiscal year.
 1842         (e) The usage and revenue impact of state and local
 1843  incentives granted during the calendar year.
 1844         (f) Any other information required by the department.
 1845         Section 35. Section 290.014, Florida Statutes, is amended
 1846  to read:
 1847         290.014 Annual reports on enterprise zones.—
 1848         (1) By October 1 February 1 of each year, the Department of
 1849  Revenue shall submit an annual report to the department
 1850  detailing the usage and revenue impact by county of the state
 1851  incentives listed in s. 290.007.
 1852         (2) By March 1 of each year, the department shall submit an
 1853  annual report to the Governor, the Speaker of the House of
 1854  Representatives, and the President of the Senate. The annual
 1855  report required under s. 20.60 shall include the information
 1856  provided by the Department of Revenue pursuant to subsection (1)
 1857  and the information provided by enterprise zone development
 1858  agencies pursuant to s. 290.0056. In addition, the report shall
 1859  include an analysis of the activities and accomplishments of
 1860  each enterprise zone.
 1861         Section 36. Section 290.0455, Florida Statutes, is amended
 1862  to read:
 1863         290.0455 Small Cities Community Development Block Grant
 1864  Loan Guarantee Program; Section 108 loan guarantees.—
 1865         (1) The Small Cities Community Development Block Grant Loan
 1866  Guarantee Program is created. The department shall administer
 1867  the loan guarantee program pursuant to Section 108 s. 108 of
 1868  Title I of the Housing and Community Development Act of 1974, as
 1869  amended, and as further amended by s. 910 of the Cranston
 1870  Gonzalez National Affordable Housing Act. The purpose of the
 1871  Small Cities Community Development Block Grant Loan Guarantee
 1872  Program is to guarantee, or to make commitments to guarantee,
 1873  notes or other obligations issued by public entities for the
 1874  purposes of financing activities enumerated in 24 C.F.R. s.
 1875  570.703.
 1876         (2) Activities assisted under the loan guarantee program
 1877  must meet the requirements contained in 24 C.F.R. ss. 570.700
 1878  570.710 and may not otherwise be financed in whole or in part
 1879  from the Florida Small Cities Community Development Block Grant
 1880  Program.
 1881         (3) The department may pledge existing revenues on deposit
 1882  or future revenues projected to be available for deposit in the
 1883  Florida Small Cities Community Development Block Grant Program
 1884  in order to guarantee, in whole or in part, the payment of
 1885  principal and interest on a Section 108 loan made under the loan
 1886  guarantee program.
 1887         (4) An applicant approved by the United States Department
 1888  of Housing and Urban Development to receive a Section 108 loan
 1889  shall enter into an agreement with the Department of Economic
 1890  Opportunity which requires the applicant to pledge half of the
 1891  amount necessary to guarantee the loan in the event of default.
 1892         (5) The department shall review all Section 108 loan
 1893  applications that it receives from local governments. The
 1894  department shall review the applications must submit all
 1895  applications it receives to the United States Department of
 1896  Housing and Urban Development for loan approval, in the order
 1897  received, subject to a determination by the department
 1898  determining that each the application meets all eligibility
 1899  requirements contained in 24 C.F.R. ss. 570.700-570.710, and has
 1900  been deemed financially feasible by a loan underwriter approved
 1901  by the department. If the statewide maximum available for loan
 1902  guarantee commitments established in subsection (6) has not been
 1903  committed, the department may submit the Section 108 loan
 1904  application to the United States Department of Housing and Urban
 1905  Development with a recommendation that the loan be approved,
 1906  with or without conditions, or be denied provided that the
 1907  applicant has submitted the proposed activity to a loan
 1908  underwriter to document its financial feasibility.
 1909         (6)(5) The maximum amount of an individual loan guarantee
 1910  commitment that an commitments that any eligible local
 1911  government may receive is may be limited to $5 $7 million
 1912  pursuant to 24 C.F.R. s. 570.705, and the maximum amount of loan
 1913  guarantee commitments statewide may not exceed an amount equal
 1914  to two five times the amount of the most recent grant received
 1915  by the department under the Florida Small Cities Community
 1916  Development Block Grant Program. The $5 million loan guarantee
 1917  limit does not apply to loans guaranteed prior to July 1, 2013,
 1918  that may be refinanced.
 1919         (7)(6)Section 108 loans guaranteed by the Small Cities
 1920  Community Development Block Grant Program loan guarantee program
 1921  must be repaid within 20 years.
 1922         (8)(7)Section 108 loan applicants must demonstrate
 1923  guarantees may be used for an activity only if the local
 1924  government provides evidence to the department that the
 1925  applicant investigated alternative financing services were
 1926  investigated and the services were unavailable or insufficient
 1927  to meet the financing needs of the proposed activity.
 1928         (9) If a local government defaults on a Section 108 loan
 1929  received from the United States Department of Housing and Urban
 1930  Development and guaranteed through the Florida Small Cities
 1931  Community Development Block Grant Program, thereby requiring the
 1932  department to reduce its annual grant award in order to pay the
 1933  annual debt service on the loan, any future community
 1934  development block grants that the local government receives must
 1935  be reduced in an amount equal to the amount of the state’s grant
 1936  award used in payment of debt service on the loan.
 1937         (10) If a local government receives a Section 108 loan
 1938  guaranteed through the Florida Small Cities Community
 1939  Development Block Grant Program and is granted entitlement
 1940  community status as defined in subpart D of 24 C.F.R. part 570
 1941  by the United States Department of Housing and Urban Development
 1942  before paying the loan in full, the local government must pledge
 1943  its community development block grant entitlement allocation as
 1944  a guarantee of its previous loan and request that the United
 1945  States Department of Housing and Urban Development release the
 1946  department as guarantor of the loan.
 1947         (8) The department must, before approving an application
 1948  for a loan, evaluate the applicant’s prior administration of
 1949  block grant funds for community development. The evaluation of
 1950  past performance must take into account the procedural aspects
 1951  of previous grants or loans as well as substantive results. If
 1952  the department finds that any applicant has failed to
 1953  substantially accomplish the results proposed in the applicant’s
 1954  last previously funded application, the department may prohibit
 1955  the applicant from receiving a loan or may penalize the
 1956  applicant in the rating of the current application.
 1957         Section 37. Subsection (11) of section 331.3051, Florida
 1958  Statutes, is amended to read:
 1959         331.3051 Duties of Space Florida.—Space Florida shall:
 1960         (11) Annually report on its performance with respect to its
 1961  business plan, to include finance, spaceport operations,
 1962  research and development, workforce development, and education.
 1963  Space Florida shall submit the report shall be submitted to the
 1964  Governor, the President of the Senate, and the Speaker of the
 1965  House of Representatives by November 30 no later than September
 1966  1 for the previous prior fiscal year. The annual report must
 1967  include operations information as required under s.
 1968  331.310(2)(e).
 1969         Section 38. Paragraph (e) of subsection (2) of section
 1970  331.310, Florida Statutes, is amended to read:
 1971         331.310 Powers and duties of the board of directors.—
 1972         (2) The board of directors shall:
 1973         (e) Prepare an annual report of operations as a supplement
 1974  to the annual report required under s. 331.3051(11). The report
 1975  must shall include, but not be limited to, a balance sheet, an
 1976  income statement, a statement of changes in financial position,
 1977  a reconciliation of changes in equity accounts, a summary of
 1978  significant accounting principles, the auditor’s report, a
 1979  summary of the status of existing and proposed bonding projects,
 1980  comments from management about the year’s business, and
 1981  prospects for the next year, which shall be submitted each year
 1982  by November 30 to the Governor, the President of the Senate, the
 1983  Speaker of the House of Representatives, the minority leader of
 1984  the Senate, and the minority leader of the House of
 1985  Representatives.
 1986         Section 39. Paragraphs (a) and (e) of subsection (30) of
 1987  section 443.036, Florida Statutes, is amended to read:
 1988         443.036 Definitions.—As used in this chapter, the term:
 1989         (30) “Misconduct,” irrespective of whether the misconduct
 1990  occurs at the workplace or during working hours, includes, but
 1991  is not limited to, the following, which may not be construed in
 1992  pari materia with each other:
 1993         (a) Conduct demonstrating conscious disregard of an
 1994  employer’s interests and found to be a deliberate violation or
 1995  disregard of the reasonable standards of behavior which the
 1996  employer expects of his or her employee. Such conduct may
 1997  include, but is not limited to, willful damage to an employer’s
 1998  property that results in damage of more than $50; or theft of
 1999  employer property or property of a customer or invitee of the
 2000  employer.
 2001         (e)1. A violation of an employer’s rule, unless the
 2002  claimant can demonstrate that:
 2003         a.1. He or she did not know, and could not reasonably know,
 2004  of the rule’s requirements;
 2005         b.2. The rule is not lawful or not reasonably related to
 2006  the job environment and performance; or
 2007         c.3. The rule is not fairly or consistently enforced.
 2008         2. Such conduct may include, but is not limited to,
 2009  committing criminal assault or battery on another employee, or
 2010  on a customer or invitee of the employer; or committing abuse or
 2011  neglect of a patient, resident, disabled person, elderly person,
 2012  or child in her or his professional care.
 2013         Section 40. Paragraphs (b), (c), and (d) of subsection (1)
 2014  of section 443.091, Florida Statutes, are amended to read:
 2015         443.091 Benefit eligibility conditions.—
 2016         (1) An unemployed individual is eligible to receive
 2017  benefits for any week only if the Department of Economic
 2018  Opportunity finds that:
 2019         (b) She or he has completed the department’s online work
 2020  registration registered with the department for work and
 2021  subsequently reports to the one-stop career center as directed
 2022  by the regional workforce board for reemployment services. This
 2023  requirement does not apply to persons who are:
 2024         1. Non-Florida residents;
 2025         2. On a temporary layoff;
 2026         3. Union members who customarily obtain employment through
 2027  a union hiring hall; or
 2028         4. Claiming benefits under an approved short-time
 2029  compensation plan as provided in s. 443.1116.
 2030         5. Unable to complete the online work registration due to
 2031  illiteracy, physical or mental impairment, a legal prohibition
 2032  from using a computer, or a language impediment. If a person is
 2033  exempted from the online work registration under this
 2034  subparagraph, then the filing of his or her claim constitutes
 2035  registration for work.
 2036         (c) To make continued claims for benefits, she or he is
 2037  reporting to the department in accordance with this paragraph
 2038  and department rules, and participating in an initial skills
 2039  review, as directed by the department. Department rules may not
 2040  conflict with s. 443.111(1)(b), which requires that each
 2041  claimant continue to report regardless of any pending appeal
 2042  relating to her or his eligibility or disqualification for
 2043  benefits.
 2044         1. For each week of unemployment claimed, each report must,
 2045  at a minimum, include the name, address, and telephone number of
 2046  each prospective employer contacted, or the date the claimant
 2047  reported to a one-stop career center, pursuant to paragraph (d).
 2048         2. The administrator or operator of the initial skills
 2049  review shall notify the department when the individual completes
 2050  the initial skills review and report the results of the review
 2051  to the regional workforce board or the one-stop career center as
 2052  directed by the workforce board. The department shall prescribe
 2053  a numeric score on the initial skills review that demonstrates a
 2054  minimal proficiency in workforce skills. The department,
 2055  workforce board, or one-stop career center shall use the initial
 2056  skills review to develop a plan for referring individuals to
 2057  training and employment opportunities. The failure of the
 2058  individual to comply with this requirement will result in the
 2059  individual being determined ineligible for benefits for the week
 2060  in which the noncompliance occurred and for any subsequent week
 2061  of unemployment until the requirement is satisfied. However,
 2062  this requirement does not apply if the individual is able to
 2063  affirmatively attest to being unable to complete such review due
 2064  to illiteracy or a language impediment or is exempt from the
 2065  work registration requirement as set forth in paragraph (b).
 2066         3. Any individual who falls below the minimal proficiency
 2067  score prescribed by the department in subparagraph 2. on the
 2068  initial skills review shall be offered training opportunities
 2069  and encouraged to participate in such training at no cost to the
 2070  individual in order to improve his or her workforce skills to
 2071  the minimal proficiency level.
 2072         4. The department shall coordinate with Workforce Florida,
 2073  Inc., the workforce boards, and the one-stop career centers to
 2074  identify, develop, and utilize best practices for improving the
 2075  skills of individuals who choose to participate in training
 2076  opportunities and who have a minimal proficiency score below the
 2077  score prescribed in subparagraph 2.
 2078         5. The department, in coordination with Workforce Florida,
 2079  Inc., the workforce boards, and the one-stop career centers,
 2080  shall evaluate the use, effectiveness, and costs associated with
 2081  the training prescribed in subparagraph 3. and report its
 2082  findings and recommendations for training and the use of best
 2083  practices to the Governor, the President of the Senate, and the
 2084  Speaker of the House of Representatives by January 1, 2013.
 2085         (d) She or he is able to work and is available for work. In
 2086  order to assess eligibility for a claimed week of unemployment,
 2087  the department shall develop criteria to determine a claimant’s
 2088  ability to work and availability for work. A claimant must be
 2089  actively seeking work in order to be considered available for
 2090  work. This means engaging in systematic and sustained efforts to
 2091  find work, including contacting at least five prospective
 2092  employers for each week of unemployment claimed. The department
 2093  may require the claimant to provide proof of such efforts to the
 2094  one-stop career center as part of reemployment services. A
 2095  claimant’s proof of work search efforts may not include the same
 2096  prospective employer at the same location in three consecutive
 2097  weeks, unless the employer has indicated since the time of the
 2098  initial contact that the employer is hiring. The department
 2099  shall conduct random reviews of work search information provided
 2100  by claimants. As an alternative to contacting at least five
 2101  prospective employers for any week of unemployment claimed, a
 2102  claimant may, for that same week, report in person to a one-stop
 2103  career center to meet with a representative of the center and
 2104  access reemployment services of the center. The center shall
 2105  keep a record of the services or information provided to the
 2106  claimant and shall provide the records to the department upon
 2107  request by the department. However:
 2108         1. Notwithstanding any other provision of this paragraph or
 2109  paragraphs (b) and (e), an otherwise eligible individual may not
 2110  be denied benefits for any week because she or he is in training
 2111  with the approval of the department, or by reason of s.
 2112  443.101(2) relating to failure to apply for, or refusal to
 2113  accept, suitable work. Training may be approved by the
 2114  department in accordance with criteria prescribed by rule. A
 2115  claimant’s eligibility during approved training is contingent
 2116  upon satisfying eligibility conditions prescribed by rule.
 2117         2. Notwithstanding any other provision of this chapter, an
 2118  otherwise eligible individual who is in training approved under
 2119  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
 2120  determined ineligible or disqualified for benefits due to
 2121  enrollment in such training or because of leaving work that is
 2122  not suitable employment to enter such training. As used in this
 2123  subparagraph, the term “suitable employment” means work of a
 2124  substantially equal or higher skill level than the worker’s past
 2125  adversely affected employment, as defined for purposes of the
 2126  Trade Act of 1974, as amended, the wages for which are at least
 2127  80 percent of the worker’s average weekly wage as determined for
 2128  purposes of the Trade Act of 1974, as amended.
 2129         3. Notwithstanding any other provision of this section, an
 2130  otherwise eligible individual may not be denied benefits for any
 2131  week because she or he is before any state or federal court
 2132  pursuant to a lawfully issued summons to appear for jury duty.
 2133         4. Union members who customarily obtain employment through
 2134  a union hiring hall may satisfy the work search requirements of
 2135  this paragraph by reporting daily to their union hall.
 2136         5. The work search requirements of this paragraph do not
 2137  apply to persons who are unemployed as a result of a temporary
 2138  layoff or who are claiming benefits under an approved short-time
 2139  compensation plan as provided in s. 443.1116.
 2140         6. In small counties as defined in s. 120.52(19), a
 2141  claimant engaging in systematic and sustained efforts to find
 2142  work must contact at least three prospective employers for each
 2143  week of unemployment claimed.
 2144         7. The work search requirements of this paragraph do not
 2145  apply to persons required to participate in reemployment
 2146  services under paragraph (e).
 2147         Section 41. Subsection (13) is added to section 443.101,
 2148  Florida Statutes, to read:
 2149         443.101 Disqualification for benefits.—An individual shall
 2150  be disqualified for benefits:
 2151         (13) For any week with respect to which the department
 2152  finds that his or her unemployment is due to a discharge from
 2153  employment for failure without good cause to maintain a license,
 2154  registration, or certification required by applicable law
 2155  necessary for the employee to perform her or his assigned job
 2156  duties. For purposes of this paragraph, the term “good cause”
 2157  includes, but is not limited to, failure of the employer to
 2158  submit information required for a license, registration, or
 2159  certification; short-term physical injury which prevents the
 2160  employee from completing or taking a required test; and
 2161  inability to take or complete a required test that is outside
 2162  the employee’s control.
 2163         Section 42. Paragraph (b) of subsection (4) of section
 2164  443.1113, Florida Statutes, is amended to read:
 2165         443.1113 Reemployment Assistance Claims and Benefits
 2166  Information System.—
 2167         (4) The project to implement the Reemployment Assistance
 2168  Claims and Benefits Information System is shall be comprised of
 2169  the following phases and corresponding implementation
 2170  timeframes:
 2171         (b) The Reemployment Assistance Claims and Benefits
 2172  Internet portal that replaces the Florida Unemployment Internet
 2173  Direct and the Florida Continued Claims Internet Directory
 2174  systems, the Call Center Interactive Voice Response System, the
 2175  Benefit Overpayment Screening System, the Internet and Intranet
 2176  Appeals System, and the Claims and Benefits Mainframe System
 2177  shall be deployed to full operational status no later than the
 2178  end of fiscal year 2013-2014 2012-2013.
 2179         Section 43. Subsection (5) of section 443.131, Florida
 2180  Statutes, is amended to read:
 2181         443.131 Contributions.—
 2182         (5) ADDITIONAL RATE FOR INTEREST ON FEDERAL ADVANCES.—
 2183         (a) When the Unemployment Compensation Trust Fund has
 2184  received advances from the Federal Government under the
 2185  provisions of 42 U.S.C. s. 1321, each contributing employer
 2186  shall be assessed an additional rate solely for the purpose of
 2187  paying interest due on such federal advances. The additional
 2188  rate shall be assessed no later than February 1 in each calendar
 2189  year in which an interest payment is due.
 2190         (b) The Revenue Estimating Conference shall estimate the
 2191  amount of such interest due on federal advances by no later than
 2192  December 1 of the calendar year before preceding the calendar
 2193  year in which an interest payment is due. The Revenue Estimating
 2194  Conference shall, at a minimum, consider the following as the
 2195  basis for the estimate:
 2196         1. The amounts actually advanced to the trust fund.
 2197         2. Amounts expected to be advanced to the trust fund based
 2198  on current and projected unemployment patterns and employer
 2199  contributions.
 2200         3. The interest payment due date.
 2201         4. The interest rate that will be applied by the Federal
 2202  Government to any accrued outstanding balances.
 2203         (c)(b)The tax collection service provider shall calculate
 2204  the additional rate to be assessed against contributing
 2205  employers. The additional rate assessed for a calendar year is
 2206  shall be determined by dividing the estimated amount of interest
 2207  to be paid in that year by 95 percent of the taxable wages as
 2208  described in s. 443.1217 paid by all employers for the year
 2209  ending June 30 of the previous immediately preceding calendar
 2210  year. The amount to be paid by each employer is shall be the
 2211  product obtained by multiplying such employer’s taxable wages as
 2212  described in s. 443.1217 for the year ending June 30 of the
 2213  previous immediately preceding calendar year by the rate as
 2214  determined by this subsection. An assessment may not be made if
 2215  the amount of assessments on deposit from previous years, plus
 2216  any earned interest, is at least 80 percent of the estimated
 2217  amount of interest.
 2218         (d) The tax collection service provider shall make a
 2219  separate collection of such assessment, which may be collected
 2220  at the time of employer contributions and subject to the same
 2221  penalties for failure to file a report, imposition of the
 2222  standard rate pursuant to paragraph (3)(h), and interest if the
 2223  assessment is not received on or before June 30. Section
 2224  443.141(1)(d) and (e) does not apply to this separately
 2225  collected assessment. The tax collection service provider shall
 2226  maintain those funds in the tax collection service provider’s
 2227  Audit and Warrant Clearing Trust Fund until the provider is
 2228  directed by the Governor or the Governor’s designee to make the
 2229  interest payment to the Federal Government. Assessments on
 2230  deposit must be available to pay the interest on advances
 2231  received from the Federal Government under 42 U.S.C. s. 1321.
 2232  Assessments on deposit may be invested and any interest earned
 2233  shall be part of the balance available to pay the interest on
 2234  advances received from the Federal Government under 42 U.S.C. s.
 2235  1321.
 2236         (e) Four months after In the calendar year that all
 2237  advances from the Federal Government under 42 U.S.C. s. 1321 and
 2238  associated interest are repaid, if there are assessment funds in
 2239  excess of the amount required to meet the final interest
 2240  payment, any such excess assessed funds in the Audit and Warrant
 2241  Clearing Trust Fund, including associated interest, shall be
 2242  transferred to credited to employer accounts in the Unemployment
 2243  Compensation Trust Fund. Any assessment amounts subsequently
 2244  collected shall also be transferred to the Unemployment
 2245  Compensation Trust Fund in an amount equal to the employer’s
 2246  contribution to the assessment for that year divided by the
 2247  total amount of the assessment for that year, the result of
 2248  which is multiplied by the amount of excess assessed funds.
 2249         (f) If However, if the state is permitted to defer interest
 2250  payments due during a calendar year under 42 U.S.C. s. 1322,
 2251  payment of the interest assessment is shall not be due. If a
 2252  deferral of interest expires or is subsequently disallowed by
 2253  the Federal Government, either prospectively or retroactively,
 2254  the interest assessment shall be immediately due and payable.
 2255  Notwithstanding any other provision of this section, if interest
 2256  due during a calendar year on federal advances is forgiven or
 2257  postponed under federal law and is no longer due during that
 2258  calendar year, no interest assessment shall be assessed against
 2259  an employer for that calendar year, and any assessment already
 2260  assessed and collected against an employer before the
 2261  forgiveness or postponement of the interest for that calendar
 2262  year shall be credited to such employer’s account in the
 2263  Unemployment Compensation Trust Fund. However, such funds may be
 2264  used only to pay benefits or refunds of erroneous contributions.
 2265         (g) This subsection expires July 1, 2014.
 2266         Section 44. Paragraph (b) of subsection (2) and paragraph
 2267  (a) of subsection (3), and paragraph (a) of subsection (6) of
 2268  section 443.151, Florida Statutes, are amended to read:
 2269         443.151 Procedure concerning claims.—
 2270         (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
 2271  CLAIMANTS AND EMPLOYERS.—
 2272         (b) Process.—When the Reemployment Assistance Claims and
 2273  Benefits Information System described in s. 443.1113 is fully
 2274  operational, the process for filing claims must incorporate the
 2275  process for registering for work with the workforce information
 2276  systems established pursuant to s. 445.011. Unless exempted
 2277  under s. 443.091(1)(b)5., a claim for benefits may not be
 2278  processed until the work registration requirement is satisfied.
 2279  The department may adopt rules as necessary to administer the
 2280  work registration requirement set forth in this paragraph.
 2281         (3) DETERMINATION OF ELIGIBILITY.—
 2282         (a) Notices of claim.—The Department of Economic
 2283  Opportunity shall promptly provide a notice of claim to the
 2284  claimant’s most recent employing unit and all employers whose
 2285  employment records are liable for benefits under the monetary
 2286  determination. The employer must respond to the notice of claim
 2287  within 20 days after the mailing date of the notice, or in lieu
 2288  of mailing, within 20 days after the delivery of the notice. If
 2289  a contributing employer or its agent fails to timely or
 2290  adequately respond to the notice of claim or request for
 2291  information, the employer’s account may not be relieved of
 2292  benefit charges as provided in s. 443.131(3)(a), notwithstanding
 2293  paragraph (5)(b). The department may adopt rules as necessary to
 2294  implement the processes described in this paragraph relating to
 2295  notices of claim.
 2296         (6) RECOVERY AND RECOUPMENT.—
 2297         (a) Any person who, by reason of her or his fraud, receives
 2298  benefits under this chapter to which she or he is not entitled
 2299  is liable for repaying those benefits to the Department of
 2300  Economic Opportunity on behalf of the trust fund or, in the
 2301  discretion of the department, to have those benefits deducted
 2302  from future benefits payable to her or him under this chapter.
 2303  In addition, the department shall impose upon the claimant a
 2304  penalty equal to 15 percent of the amount overpaid. To enforce
 2305  this paragraph, the department must find the existence of fraud
 2306  through a redetermination or decision under this section within
 2307  2 years after the fraud was committed. Any recovery or
 2308  recoupment of benefits must be commenced within 7 years after
 2309  the redetermination or decision.
 2310         Section 45. Effective January 1, 2014, paragraph (a) of
 2311  subsection (4) of section 443.151, Florida Statutes, is amended
 2312  to read:
 2313         (4) APPEALS.—
 2314         (a) Appeals referees.—The Department of Economic
 2315  Opportunity shall appoint one or more impartial salaried appeals
 2316  referees in accordance with s. 443.171(3) to hear and decide
 2317  appealed claims. An appeals referee must be an attorney in good
 2318  standing with the Florida Bar, or must be successfully admitted
 2319  to the Florida Bar within 8 months of his or her date of
 2320  employment. A person may not participate on behalf of the
 2321  department as an appeals referee in any case in which she or he
 2322  is an interested party. The department may designate alternates
 2323  to serve in the absence or disqualification of any appeals
 2324  referee on a temporary basis. These alternates must have the
 2325  same qualifications required of appeals referees. The department
 2326  shall provide the commission and the appeals referees with
 2327  proper facilities and assistance for the execution of their
 2328  functions.
 2329         Section 46. After January 1, 2014, the department must,
 2330  through attrition of staff, meet the requirements of Section 45
 2331  of this bill.
 2332         Section 47. Subsection (1) of section 443.1715, Florida
 2333  Statutes, is amended to read:
 2334         443.1715 Disclosure of information; confidentiality.—
 2335         (1) RECORDS AND REPORTS.—Information revealing an employing
 2336  unit’s or individual’s identity obtained from the employing unit
 2337  or any individual under the administration of this chapter, and
 2338  any determination revealing that information, is confidential
 2339  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2340  Constitution. This confidential information may be released in
 2341  accordance with the provisions in 20 C.F.R. part 603. A person
 2342  receiving confidential information who violates this subsection
 2343  commits a misdemeanor of the second degree, punishable as
 2344  provided in s. 775.082 or s. 775.083. The Department of Economic
 2345  Opportunity or its tax collection service provider may, however,
 2346  furnish to any employer copies of any report submitted by that
 2347  employer upon the request of the employer and may furnish to any
 2348  claimant copies of any report submitted by that claimant upon
 2349  the request of the claimant. The department or its tax
 2350  collection service provider may charge a reasonable fee for
 2351  copies of these reports as prescribed by rule, which may not
 2352  exceed the actual reasonable cost of the preparation of the
 2353  copies. Fees received for copies under this subsection must be
 2354  deposited in the Employment Security Administration Trust Fund.
 2355         Section 48. Subsection (1) of section 443.191, Florida
 2356  Statutes, is amended to read:
 2357         443.191 Unemployment Compensation Trust Fund; establishment
 2358  and control.—
 2359         (1) There is established, as a separate trust fund apart
 2360  from all other public funds of this state, an Unemployment
 2361  Compensation Trust Fund, which shall be administered by the
 2362  Department of Economic Opportunity exclusively for the purposes
 2363  of this chapter. The fund must shall consist of:
 2364         (a) All contributions and reimbursements collected under
 2365  this chapter;
 2366         (b) Interest earned on any moneys in the fund;
 2367         (c) Any property or securities acquired through the use of
 2368  moneys belonging to the fund;
 2369         (d) All earnings of these properties or securities;
 2370         (e) All money credited to this state’s account in the
 2371  federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
 2372  1103; and
 2373         (f) All money collected for penalties imposed pursuant to
 2374  s. 443.151(6)(a); and
 2375         (g) Advances on the amount in the federal Unemployment
 2376  Compensation Trust Fund credited to the state under 42 U.S.C. s.
 2377  1321, as requested by the Governor or the Governor’s designee.
 2378  
 2379  Except as otherwise provided in s. 443.1313(4), all moneys in
 2380  the fund must shall be mingled and undivided.
 2381         Section 49. Paragraph (b) of subsection (3) and subsection
 2382  (4) of section 446.50, Florida Statutes, are amended to read:
 2383         446.50 Displaced homemakers; multiservice programs; report
 2384  to the Legislature; Displaced Homemaker Trust Fund created.—
 2385         (3) POWERS AND DUTIES OF THE DEPARTMENT OF ECONOMIC
 2386  OPPORTUNITY.—
 2387         (b)1. The department shall enter into contracts with, and
 2388  make grants to, public and nonprofit private entities for
 2389  purposes of establishing multipurpose service programs for
 2390  displaced homemakers under this section. Such grants and
 2391  contracts must shall be awarded pursuant to chapter 287 and
 2392  based on criteria established in the program state plan as
 2393  provided in subsection (4) developed pursuant to this section.
 2394  The department shall designate catchment areas that together,
 2395  must shall compose the entire state, and, to the extent possible
 2396  from revenues in the Displaced Homemaker Trust Fund, the
 2397  department shall contract with, and make grants to, entities
 2398  that will serve entire catchment areas so that displaced
 2399  homemaker service programs are available statewide. These
 2400  catchment areas must shall be coterminous with the state’s
 2401  workforce development regions. The department may give priority
 2402  to existing displaced homemaker programs when evaluating bid
 2403  responses to the request for proposals.
 2404         2. In order to receive funds under this section, and unless
 2405  specifically prohibited by law from doing so, an entity that
 2406  provides displaced homemaker service programs must receive at
 2407  least 25 percent of its funding from one or more local,
 2408  municipal, or county sources or nonprofit private sources. In
 2409  kind contributions may be evaluated by the department and
 2410  counted as part of the required local funding.
 2411         3. The department shall require an entity that receives
 2412  funds under this section to maintain appropriate data to be
 2413  compiled in an annual report to the department. Such data must
 2414  shall include, but is shall not be limited to, the number of
 2415  clients served, the units of services provided, designated
 2416  client-specific information including intake and outcome
 2417  information specific to each client, costs associated with
 2418  specific services and program administration, total program
 2419  revenues by source and other appropriate financial data, and
 2420  client followup information at specified intervals after the
 2421  placement of a displaced homemaker in a job.
 2422         (4) DISPLACED HOMEMAKER PROGRAM STATE PLAN.—
 2423         (a) The Department of Economic Opportunity shall include in
 2424  its annual report required under s. 20.60 a develop a 3-year
 2425  state plan for the displaced homemaker program which shall be
 2426  updated annually. The plan must address, at a minimum, the need
 2427  for programs specifically designed to serve displaced
 2428  homemakers, any necessary service components for such programs
 2429  in addition to those described enumerated in this section, goals
 2430  of the displaced homemaker program with an analysis of the
 2431  extent to which those goals are being met, and recommendations
 2432  for ways to address any unmet program goals. Any request for
 2433  funds for program expansion must be based on the state plan.
 2434         (b)The displaced homemaker program Each annual update must
 2435  address any changes in the components of the 3-year state plan
 2436  and a report that must include, but need not be limited to, the
 2437  following:
 2438         (a)1. The scope of the incidence of displaced homemakers;
 2439         (b)2. A compilation and report, by program, of data
 2440  submitted to the department pursuant to subparagraph (3)(b)3.
 2441  subparagraph 3. by funded displaced homemaker service programs;
 2442         (c)3. An identification and description of the programs in
 2443  the state which receive funding from the department, including
 2444  funding information; and
 2445         (d)4. An assessment of the effectiveness of each displaced
 2446  homemaker service program based on outcome criteria established
 2447  by rule of the department.
 2448         (c) The 3-year state plan must be submitted to the
 2449  President of the Senate, the Speaker of the House of
 2450  Representatives, and the Governor on or before January 1, 2001,
 2451  and annual updates of the plan must be submitted by January 1 of
 2452  each subsequent year.
 2453         Section 50. Section 288.80, Florida Statutes, is created to
 2454  read:
 2455         288.80 Short title.—Sections 288.80-288.84 may be cited as
 2456  the “Gulf Coast Economic Corridor Act.”
 2457         Section 51. Section 288.801, Florida Statutes, is created
 2458  to read:
 2459         288.801Gulf Coast Economic Corridor; Legislative Intent.
 2460  The Legislature recognizes that fully supporting areas affected
 2461  by the Deepwater Horizon disaster to ensure goals for economic
 2462  recovery and diversification are achieved is in the best
 2463  interest of the citizens of the state. The Legislature intends
 2464  to provide a long-term source of funding for efforts of economic
 2465  recovery and enhancement in the gulf coast region. The
 2466  Legislature finds that it is important to help businesses,
 2467  individuals, and local governments in the Gulf Coast region
 2468  recover.
 2469         Section 52. Section 288.81, Florida Statutes, is created to
 2470  read:
 2471         288.81 Definitions.—As used in ss. 288.80-288.84, the term:
 2472         (a) “Awardee” means a person, organization, or local
 2473  government granted an award of funds from the Recovery Fund for
 2474  a project or program.
 2475         (b) “Disproportionately affected county” means Bay County,
 2476  Escambia County, Franklin County, Gulf County, Okaloosa County,
 2477  Santa Rosa County, Walton County, or Wakulla County.
 2478         (c) “Earnings” means all the income generated by
 2479  investments and interest.
 2480         (d) “Recovery Fund” means a trust account established by
 2481  Triumph Gulf Coast, Inc., for the benefit of the
 2482  disproportionately affected counties.
 2483         Section 53. Section 288.82, Florida Statutes, is created to
 2484  read:
 2485         288.82Triumph Gulf Coast, Inc.; Recovery Fund; Creation;
 2486  Investment.—
 2487         (1)There is created within the Department of Economic
 2488  Opportunity a nonprofit corporation, to be known as Triumph Gulf
 2489  Coast, Inc., which shall be registered, incorporated, organized,
 2490  and operated in compliance with chapter 617, and which is not a
 2491  unit or entity of state government. Triumph Gulf Coast, Inc.,
 2492  may receive, hold, invest, and administer the Recovery Fund in
 2493  support of this act. Triumph Gulf Coast, Inc., is a separate
 2494  budget entity and is not subject to control, supervision, or
 2495  direction by the Department of Economic Opportunity in any
 2496  manner, including, but not limited to, personnel, purchasing,
 2497  transactions involving real or personal property, and budgetary
 2498  matters.
 2499         (2) Triumph Gulf Coast, Inc., must create and administer
 2500  the Recovery Fund for the benefit of the disproportionately
 2501  affected counties. The principal of the fund shall derive from:
 2502         (a)Seventy-five percent of all funds recovered by the
 2503  Attorney General for economic damage to the state resulting from
 2504  the Deepwater Horizon disaster, including penalties, fines,
 2505  fees, and settlements; and
 2506         (b) Any funds distributed to the state under 33 U.S.C.
 2507  1321(t)(1)(C)(i)(I). Notwithstanding any other provision under
 2508  this act, this act shall not affect any funds distributed to any
 2509  county under 33 U.S.C. 1321(t).
 2510         (3) The Recovery Fund must be maintained as a long-term and
 2511  stable source of revenue, which shall decline over a 30-year
 2512  period in equal amounts each year. Triumph Gulf Coast, Inc.,
 2513  shall establish a trust account at a federally insured financial
 2514  institution to hold funds and make deposits and payments.
 2515  Earnings generated by investments and interest of the fund, plus
 2516  the amount of principal available each year, shall be available
 2517  to make awards pursuant to this act and pay administrative
 2518  costs. Earnings shall be accounted for separately from principal
 2519  funds. Principal funds set forth in subsection (2) must be
 2520  accounted for separately. Administrative costs are limited to 1
 2521  percent of the earnings in a calendar year. Administrative costs
 2522  include payment of investment fees, travel and per diem expenses
 2523  of board members, audits, salary or other costs for employed or
 2524  contracted staff, including required staff under s. 288.83(9),
 2525  and other allowable costs. Any funds remaining in the Recovery
 2526  Fund after 30 years shall revert to the State Treasury.
 2527         (4) Triumph Gulf Coast, Inc., shall invest and reinvest the
 2528  principal of the Recovery Fund in accordance with s. 617.2104,
 2529  in such a manner not to subject the funds to state or federal
 2530  taxes, and consistent with an investment policy statement
 2531  adopted by the corporation.
 2532         (a) The board of directors shall formulate an investment
 2533  policy governing the investment of the principal of the Recovery
 2534  Fund. The policy shall pertain to the types, kinds or nature of
 2535  investment of any of the funds, and any limitations, conditions
 2536  or restrictions upon the methods, practices or procedures for
 2537  investment, reinvestments, purchases, sales or exchange
 2538  transactions, provided such policies shall not conflict with nor
 2539  be in derogation of any state constitutional provision or law.
 2540  The policy shall be formulated with the advice of the financial
 2541  advisor in consultation with the State Board of Administration
 2542         (b) Triumph Gulf Coast, Inc., must competitively procure
 2543  one or more money managers, under the advice of the financial
 2544  advisor in consultation with the State Board of Administration,
 2545  to invest the principal of the Recovery Fund. The applicant
 2546  manager or managers may not include representatives from the
 2547  financial institution housing the trust account for the Recovery
 2548  Fund. The applicant manager or managers must present a plan to
 2549  invest the Recovery Fund to maximize earnings while prioritizing
 2550  the preservation of Recovery Fund principal. Any agreement with
 2551  a money manager must be reviewed by Triumph Gulf Coast, Inc.,
 2552  for continuance at least every 5 years. Plans should include
 2553  investment in technology and growth businesses domiciled in, or
 2554  that will be domiciled in, this state or businesses whose
 2555  principal address is in this state.
 2556         (c) Costs and fees for investment services shall be
 2557  deducted from the earnings as administrative costs. Fees for
 2558  investment services shall be no greater than 1.5 basis points.
 2559         (d) Annually, Triumph Gulf Coast, Inc., shall cause an
 2560  audit to be conducted of the investment of the Recovery Fund by
 2561  the independent certified public accountant retained in s.
 2562  288.83. The expense of such audit shall be paid from earnings
 2563  for administrative purposes.
 2564         (5) Triumph Gulf Coast, Inc., shall report on June 30 and
 2565  December 30 each year to the Governor, the President of the
 2566  Senate, and the Speaker of the House of Representatives on the
 2567  financial status of the Recovery Fund and its investments, the
 2568  established priorities, the project and program selection
 2569  process, including a list of all submitted projects and reasons
 2570  for approval or denial, and the status of all approved awards.
 2571         (6) The Auditor General shall conduct an audit of the
 2572  Recovery Fund and Triumph Gulf Coast, Inc., annually. Triumph
 2573  Gulf Coast, Inc., shall provide to the Auditor General any
 2574  detail or supplemental data required.
 2575         Section 54. Section 288.83, Florida Statutes, is created to
 2576  read:
 2577         288.83Triumph Gulf Coast, Inc.; Organization; Board of
 2578  Directors.—
 2579         (1)Triumph Gulf Coast, Inc., is subject to the provisions
 2580  of chapter 119 relating to public records and those provisions
 2581  of chapter 286 relating to public meetings and records.
 2582         (2)Triumph Gulf Coast, Inc., shall be governed by a 5
 2583  member board of directors. Each of the Trustees of the State
 2584  Board of Administration, the President of the Senate, and the
 2585  Speaker of the House of Representatives shall each appoint one
 2586  member from the private sector. The board of directors shall
 2587  annually elect a chairperson from among the board’s members. The
 2588  chairperson may be removed by a majority vote of the members.
 2589  His or her successor shall be elected to serve for the balance
 2590  of the removed chairperson’s term. The chairperson is
 2591  responsible to ensure records are kept of the proceedings of the
 2592  board of directors and is the custodian of all books, documents,
 2593  and papers filed with the board; the minutes of meetings of the
 2594  board; and the official seal of Triumph Gulf Coast, Inc.
 2595         (3)Each member of the board of directors shall serve for a
 2596  term of 4 years, except that initially the appointments of the
 2597  President of the Senate and the Speaker of the House of
 2598  Representatives each shall serve a term of 2 years to achieve
 2599  staggered terms among the members of the board. A member is not
 2600  eligible for reappointment to the board, except, however, any
 2601  member appointed to a term of 2 years or less may be reappointed
 2602  for an additional term of 4 years. The initial appointments to
 2603  the board must be made by November 15, 2013. Vacancies on the
 2604  board of directors shall be filled by the officer who originally
 2605  appointed the member. A vacancy that occurs before the scheduled
 2606  expiration of the term of the member shall be filled for the
 2607  remainder of the unexpired term.
 2608         (4)The Legislature determines that it is in the public
 2609  interest for the members of the board of directors to be subject
 2610  to the requirements of ss. 112.3135, 112.3143, and 112.313,
 2611  notwithstanding the fact that the board members are not public
 2612  officers or employees. For purposes of those sections, the board
 2613  members shall be considered to be public officers or employees.
 2614  In addition to the postemployment restrictions of s. 112.313(9),
 2615  a person appointed to the board of directors must agree to
 2616  refrain from having any direct interest in any contract,
 2617  franchise, privilege, project, program, or other benefit arising
 2618  from an award by Triumph Gulf Coast, Inc., during the term of
 2619  his or her appointment and for 2 years after the termination of
 2620  such appointment. It is a misdemeanor of the first degree,
 2621  punishable as provided in s. 775.082 or s. 775.083, for a person
 2622  to accept appointment to the board of directors in violation of
 2623  this subsection or to accept a direct interest in any contract,
 2624  franchise, privilege, project, program, or other benefit granted
 2625  by Triumph Gulf Coast, Inc., to an awardee within 2 years after
 2626  the termination of his or her service on the board. Further,
 2627  each member of the board of directors who is not otherwise
 2628  required to file financial disclosure under s. 8, Art. II of the
 2629  State Constitution or s. 112.3144 shall file disclosure of
 2630  financial interests under s. 112.3145.
 2631         (5)Each member of the board of directors shall serve
 2632  without compensation, but shall receive travel and per diem
 2633  expenses as provided in s. 112.061 while in the performance of
 2634  his or her duties.
 2635         (6)Each member of the board of directors is accountable
 2636  for the proper performance of the duties of office, and each
 2637  member owes a fiduciary duty to the people of the state to
 2638  ensure that awards provided are disbursed and used, and
 2639  investments are made, as prescribed by law and contract. An
 2640  appointed member of the board of directors may be removed by the
 2641  officer that appointed the member for malfeasance, misfeasance,
 2642  neglect of duty, incompetence, permanent inability to perform
 2643  official duties, unexcused absence from three consecutive
 2644  meetings of the board, arrest or indictment for a crime that is
 2645  a felony or a misdemeanor involving theft or a crime of
 2646  dishonesty, or pleading nolo contendere to, or being found
 2647  guilty of, any crime.
 2648         (7)The board of directors shall meet at least quarterly,
 2649  upon the call of the chairperson or at the request of a majority
 2650  of the membership, to review the Recovery Fund, establish and
 2651  review priorities for economic recovery in disproportionately
 2652  affected counties, and determine use of the earnings available.
 2653  A majority of the members of the board of directors constitutes
 2654  a quorum. Members may not vote by proxy.
 2655         (8)The executive director of the Department of Economic
 2656  Opportunity, or his or her designee, the secretary of the
 2657  Department of Environmental Protection, or his or her designee,
 2658  and the chair of the Committee of 8 Disproportionally Affected
 2659  Counties, or his or her designee, shall be available to consult
 2660  with the board of directors and may be requested to attend
 2661  meetings of the board of directors. These individuals shall not
 2662  be permitted to vote on any matter before the board.
 2663         (9)(a)Triumph Gulf Coast, Inc., is permitted to hire or
 2664  contract for all staff necessary to the proper execution of its
 2665  powers and duties to implement this act. The corporation is
 2666  required to retain:
 2667         1. An independent certified public accountant licensed in
 2668  this state pursuant to chapter 473 to inspect the records of and
 2669  to audit the expenditure of the earnings and available principal
 2670  disbursed by Triumph Gulf Coast, Inc.
 2671         2. An independent financial advisor to assist Triumph Gulf
 2672  Coast, Inc., in the development and implementation of a
 2673  strategic plan consistent with the requirements of this act.
 2674         3. An economic advisor who will assist in the award
 2675  process, including the development of priorities, allocation
 2676  decisions, and the application and process; will assist the
 2677  board in determining eligibility of award applications and the
 2678  evaluation and scoring of applications; and will assist in the
 2679  development of award documentation.
 2680         4. A legal advisor with expertise in not-for-profit
 2681  investing and contracting and who is a member of the Florida Bar
 2682  to assist with contracting and carrying out the intent of this
 2683  statute.
 2684         (b)Triumph Gulf Coast, Inc., shall require all employees
 2685  of the corporation to comply with the code of ethics for public
 2686  employees under part III of chapter 112. Retained staff under
 2687  paragraph (a) must agree to refrain from having any direct
 2688  interest in any contract, franchise, privilege, project,
 2689  program, or other benefit arising from an award by Triumph Gulf
 2690  Coast, Inc., during the term of his or her appointment and for 2
 2691  years after the termination of such appointment.
 2692         (c)Retained staff under paragraph (a) shall be available
 2693  to consult with the board of directors and shall attend meetings
 2694  of the board of directors. These individuals shall not be
 2695  permitted to vote on any matter before the board.
 2696         Section 55. Section 288.831, Florida Statutes, is created
 2697  to read:
 2698         288.831Board of Directors; Powers.—In addition to the
 2699  powers and duties prescribed in chapter 617 and the articles and
 2700  bylaws adopted in compliance with that chapter, the board of
 2701  directors may:
 2702         (1)Make and enter into contracts and other instruments
 2703  necessary or convenient for the exercise of its powers and
 2704  functions.
 2705         (2)Make expenditures including any necessary
 2706  administrative expenditure from earnings consistent with its
 2707  powers.
 2708         (3)Adopt, use, and alter a common corporate seal.
 2709  Notwithstanding any provision of chapter 617 to the contrary,
 2710  this seal is not required to contain the words “corporation not
 2711  for profit.”
 2712         (4)Adopt, amend, and repeal bylaws, not inconsistent with
 2713  the powers granted to it or the articles of incorporation, for
 2714  the administration of the activities of Triumph Gulf Coast,
 2715  Inc., and the exercise of its corporate powers.
 2716         (5)Use the state seal, notwithstanding the provisions of
 2717  s. 15.03, when appropriate, for standard corporate identity
 2718  applications. Use of the state seal is not intended to replace
 2719  use of a corporate seal as provided in this section.
 2720  
 2721  Under no circumstances may the credit of the State of Florida be
 2722  pledged on behalf of Triumph Gulf Coast, Inc.
 2723         Section 56. Section 288.832, Florida Statutes, is created
 2724  to read:
 2725         288.832Triumph Gulf Coast, Inc.; Duties.—Triumph Gulf
 2726  Coast, Inc., shall have the following duties:
 2727         (1)Manage responsibly and prudently all funds received,
 2728  and ensure that the use of such funds is in accordance with all
 2729  applicable laws, bylaws, or contractual requirements.
 2730         (2)Administer the program created under this act.
 2731         (3) Monitor, review, and annually evaluate awardees and
 2732  their projects or programs to determine whether an award should
 2733  be continued, terminated, reduced, or increased.
 2734         (4) Operate in a transparent manner, providing public
 2735  access to information, notice of meetings, awards, and the
 2736  status of projects and programs. To this end, Triumph Gulf
 2737  Coast, Inc., shall maintain a website that provides public
 2738  access to this information.
 2739         Section 57. Section 288.84, Florida Statutes, is created to
 2740  read:
 2741         288.84Awards.—
 2742         (1)(a)Triumph Gulf Coast, Inc., shall make awards from
 2743  available earnings and principal derived under s. 288.82(2)(a)
 2744  to projects or programs that meet the priorities for economic
 2745  recovery, diversification, and enhancement of the
 2746  disproportionately affected counties, notwithstanding s. 377.43.
 2747  Awards may be provided for:
 2748         1. Ad valorem tax reduction within disproportionately
 2749  affected counties;
 2750         2.Payment of impact fees adopted pursuant to s. 163.31801
 2751  and imposed within disproportionately affected counties;
 2752         3. Administrative funding for economic development
 2753  organizations located within the disproportionately affected
 2754  counties;
 2755         4. Local match requirements of ss. 288.0655, 288.0659,
 2756  288.1045, and 288.106 for projects in the disproportionately
 2757  affected counties;
 2758         5.Economic development projects in the disproportionately
 2759  affected counties;
 2760         6.Infrastructure projects that are shown to enhance
 2761  economic development in the disproportionately affected
 2762  counties;
 2763         7. Grants to local governments in the disproportionately
 2764  affected counties to establish and maintain equipment and
 2765  trained personnel for local action plans of response to respond
 2766  to disasters, such as plans created for the Coastal Impacts
 2767  Assistance Program;
 2768         8. Grants to support programs of excellence that prepare
 2769  students for future occupations and careers at K-20 institutions
 2770  that have home campuses in the disproportionately affected
 2771  counties. Eligible programs include those that increase
 2772  students’ technology skills and knowledge; encourage industry
 2773  certifications; provide rigorous, alternative pathways for
 2774  students to meet high school graduation requirements; strengthen
 2775  career readiness initiatives; fund high-demand programs of
 2776  emphasis at the bachelor’s and master’s level designated by the
 2777  Board of Governors; and, similar to or the same as talent
 2778  retention programs created by the Chancellor of the State
 2779  University System and the Commission of Education, encourage
 2780  students with interest or aptitude for science, technology,
 2781  engineering, mathematics, and medical disciplines to pursue
 2782  postsecondary education at a state university within the
 2783  disproportionately affected counties; and
 2784         9. Grants to the tourism entity created under s. 288.1226
 2785  for the purpose of advertising and promoting tourism, Fresh From
 2786  Florida, or related content on behalf of one or all of the
 2787  disproportionately affected counties.
 2788         (b)Triumph Gulf Coast, Inc., shall make awards from
 2789  earnings and principal derived under s. 288.82(2)(b) to projects
 2790  or programs that meet the priorities for economic recovery,
 2791  diversification, and enhancement of the disproportionately
 2792  affected counties, notwithstanding s. 377.43. Awards may be
 2793  provided for the following purposes as eligible under 33 U.S.
 2794  1321(t)(1)(B):
 2795         1. Administrative funding for economic development
 2796  organizations located within the disproportionately affected
 2797  counties;
 2798         2. Local match requirements of ss. 288.0655, 288.0659,
 2799  288.1045, and 288.106 for projects in the disproportionately
 2800  affected counties;
 2801         3.Economic development projects in the disproportionately
 2802  affected counties;
 2803         4. Infrastructure projects that are shown to enhance
 2804  economic development in the disproportionately affected
 2805  counties;
 2806         5.Grants to local governments in the disproportionately
 2807  affected counties to establish and maintain equipment and
 2808  trained personnel for local action plans of response to respond
 2809  to disasters, such as plans created for the Coastal Impacts
 2810  Assistance Program; and
 2811         6. Grants to the tourism entity created under s. 288.1226
 2812  for the purpose of advertising and promoting tourism, Fresh From
 2813  Florida, or related content on behalf of one or all of the
 2814  disproportionately affected counties.
 2815         (2) Triumph Gulf Coast, Inc., shall establish an
 2816  application procedure for awards and a scoring process for the
 2817  selection of projects and programs that have the potential to
 2818  generate increased economic activity in the disproportionately
 2819  affected counties, giving priority to projects and programs
 2820  that:
 2821         (a) Generate maximum estimated economic benefits, based on
 2822  tools and models not generally employed by economic input-output
 2823  analyses, including cost-benefit, return-on-investment, or
 2824  dynamic scoring techniques to determine how the long-term
 2825  economic growth potential of the disproportionately affected
 2826  counties may be enhanced by the investment.
 2827         (b) Increase household income in the disproportionately
 2828  affected counties above national average household income.
 2829         (c) Expand high growth industries or establish new high
 2830  growth industries in the region.
 2831         1.Industries that are supported must have strong growth
 2832  potential in the disproportionately affected counties.
 2833         2.An industry’s growth potential is defined based on a
 2834  detailed review of the current industry trends nationally and
 2835  the necessary supporting asset base for that industry in the
 2836  disproportionately affected counties region.
 2837         (d) Leverage or further enhance key regional assets,
 2838  including educational institutions, research facilities, and
 2839  military bases.
 2840         (e) Partner with local governments to provide funds,
 2841  infrastructure, land, or other assistance for the project.
 2842         (f) Have investment commitments from private equity or
 2843  private venture capital funds.
 2844         (g) Provide or encourage seed stage investments in start-up
 2845  companies.
 2846         (h) Provide advice and technical assistance to companies on
 2847  restructuring existing management, operations, or production to
 2848  attract advantageous business opportunities.
 2849         (i) Benefit the environment in addition to the economy.
 2850         (j) Provide outcome measures for programs of excellence
 2851  support, including terms of intent and metrics.
 2852         (k) Partner with K-20 educational institutions or school
 2853  districts located within the disproportionately affected
 2854  counties.
 2855         (l) Partner with convention and visitor bureaus, tourist
 2856  development councils, or chambers of commerce located within the
 2857  disproportionately affected counties.
 2858         (3)Triumph Gulf Coast, Inc., may make awards as
 2859  applications are received or may establish application periods
 2860  for selection. Awards may not be used to finance 100 percent of
 2861  any project or program. Triumph Gulf Coast, Inc., may require a
 2862  one-to-one private-sector match or higher for an award, if
 2863  applicable and deemed prudent by the board of directors. An
 2864  awardee may not receive all of the earnings or available
 2865  principal in any given year.
 2866         (4) A contract executed by Triumph Gulf Coast, Inc., with
 2867  an awardee must include provisions requiring a performance
 2868  report on the contracted activities, must account for the proper
 2869  use of funds provided under the contract, and must include
 2870  provisions for recovery of awards in the event the award was
 2871  based upon fraudulent information or the awardee is not meeting
 2872  the performance requirements of the award. Awardees must
 2873  regularly report to Triumph Gulf Coast, Inc., the status of the
 2874  project or program on a schedule determined by the corporation.
 2875         Section 58. Except as otherwise expressly provided in this
 2876  act, this act shall take effect upon becoming a law.