Florida Senate - 2014                                    SB 1116
       
       
        
       By Senator Grimsley
       
       
       
       
       
       21-00875A-14                                          20141116__
    1                        A bill to be entitled                      
    2         An act relating to rural areas of opportunity;
    3         amending s. 212.098, F.S.; revising definitions;
    4         authorizing Enterprise Florida, Inc., to make certain
    5         recommendations; increasing the value of tax credits
    6         for certain eligible businesses; providing an
    7         additional tax credit for certain eligible businesses
    8         located within a rural area of opportunity;
    9         authorizing certain eligible businesses to apply for
   10         an ad valorem tax reimbursement in a specified amount;
   11         providing for a sales tax refund for certain eligible
   12         businesses; authorizing the Department of Revenue to
   13         adopt rules; amending s. 288.018, F.S.; increasing the
   14         maximum amount of grant funds that regionally based
   15         economic development organizations may receive from
   16         the Department of Economic Opportunity; authorizing
   17         the department to determine the appropriate amount of
   18         nonstate resources to match such grants; amending s.
   19         288.0655, F.S.; increasing the maximum percentage of
   20         infrastructure project costs for which the department
   21         may award grants; revising requirements for eligible
   22         projects and eligible uses of funds; amending s.
   23         288.106, F.S.; deleting a provision that caps the tax
   24         refund amount for certain qualified target industry
   25         business tax refund applicants; providing additional
   26         criteria for the identification of target industries;
   27         exempting certain businesses from the requirement that
   28         tax refunds be reduced in the absence of a specified
   29         amount of local financial support; amending s.
   30         290.004, F.S.; revising the definition of the term
   31         “rural enterprise zone” to include rural areas of
   32         opportunity; amending s. 290.0065, F.S.; specifying
   33         that a rural area of opportunity shall be designated
   34         as a rural enterprise zone; amending s. 339.63, F.S.;
   35         conforming provisions to changes made by the act;
   36         amending ss. 125.271, 163.3177, 163.3187, 163.3246,
   37         211.3103, 218.67, 288.065, 288.0656, 288.1088,
   38         288.1089, 290.0055, 339.2819, 373.4595, 380.06,
   39         380.0651, 985.686, and 1011.76, F.S.; renaming “rural
   40         areas of critical economic concern” as “rural areas of
   41         opportunity”; providing an effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Subsections (1), (2), and (3) of section
   46  212.098, Florida Statutes, are amended, subsection (1) is
   47  reordered, subsections (5) through (11) of that section are
   48  renumbered as subsections (6) through (12), respectively, and
   49  new subsections (5), (13), and (14) are added to that section,
   50  to read:
   51         212.098 Rural Job Tax Credit Program.—
   52         (1) As used in this section, the term:
   53         (a) “Eligible business” means a any sole proprietorship,
   54  firm, partnership, or corporation that is located in a qualified
   55  county and is predominantly engaged in, or is headquarters for a
   56  business predominantly engaged in, activities usually provided
   57  for consideration by firms classified within the following
   58  standard industrial classifications: SIC 01-SIC 09 (agriculture,
   59  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 52
   60  SIC 57 and SIC 59 (retail); SIC 422 (public warehousing and
   61  storage); SIC 70 (hotels and other lodging places); SIC 7391
   62  (research and development); SIC 781 (motion picture production
   63  and allied services); SIC 7992 (public golf courses); SIC 7996
   64  (amusement parks); and a targeted industry eligible for the
   65  qualified target industry business tax refund under s. 288.106.
   66  A call center or similar customer service operation that
   67  services a multistate market or an international market is also
   68  an eligible business. In addition, the Department of Economic
   69  Opportunity and Enterprise Florida, Inc., may, as part of their
   70  its final budget requests request submitted pursuant to s.
   71  216.023, recommend additions to or deletions from the list of
   72  standard industrial classifications used to determine an
   73  eligible business, and the Legislature may implement such
   74  recommendations. Excluded from eligible receipts are receipts
   75  from retail sales, except such receipts for hotels and other
   76  lodging places classified in SIC 70, public golf courses in SIC
   77  7992, and amusement parks in SIC 7996. For purposes of this
   78  paragraph, the term “predominantly” means that more than 50
   79  percent of the business’s gross receipts from all sources is
   80  generated by those activities usually provided for consideration
   81  by firms in the specified standard industrial classification.
   82  The determination of whether the business is located in a
   83  qualified county and the tier ranking of that county must be
   84  based on the date of application for the credit under this
   85  section. Commonly owned and controlled entities are to be
   86  considered a single business entity.
   87         (e)(b) “Qualified employee” means an any employee of an
   88  eligible business who performs duties in connection with the
   89  operations of the business on a regular, full-time basis for an
   90  average of at least 36 hours per week for at least 3 months
   91  within the qualified county in which the eligible business is
   92  located. The term also includes an employee leased from an
   93  employee leasing company licensed under chapter 468, if such
   94  employee has been continuously leased to the employer for an
   95  average of at least 36 hours per week for more than 6 months. An
   96  owner or partner of the eligible business is not a qualified
   97  employee. If an employee meets the qualifications specified in
   98  this paragraph but subsequently fails to work for an average of
   99  at least 36 hours per week in any one month, the employee is
  100  still considered a qualified employee if he or she meets the
  101  qualifications of this paragraph during the next month.
  102         (d)(c) “Qualified area” means an any area that is contained
  103  within a rural area of opportunity critical economic concern
  104  designated under s. 288.0656, a county that has a population of
  105  fewer than 75,000 persons, or a county that has a population of
  106  125,000 or less and is contiguous to a county that has a
  107  population of less than 75,000, selected in the following
  108  manner: every third year, the Department of Economic Opportunity
  109  shall rank and tier the state’s counties according to the
  110  following four factors:
  111         1. Highest unemployment rate for the most recent 36-month
  112  period.
  113         2. Lowest per capita income for the most recent 36-month
  114  period.
  115         3. Highest percentage of residents whose incomes are below
  116  the poverty level, based upon the most recent data available.
  117         4. Average weekly manufacturing wage, based upon the most
  118  recent data available.
  119         (c)(d) “New business” means an any eligible business first
  120  beginning operation on a site in a qualified county and clearly
  121  separate from any other commercial or business operation of the
  122  business entity within a qualified county. A business entity
  123  that operated an eligible business within a qualified county
  124  within the 48 months before the period provided for application
  125  by subsection (2) is not considered a new business.
  126         (b)(e) “Existing business” means an any eligible business
  127  that does not meet the criteria for a new business.
  128         (2) A new eligible business may apply for a tax credit
  129  under this subsection once at any time during its first year of
  130  operation. A new eligible business in a qualified area that has
  131  at least 10 qualified employees on the date of application shall
  132  receive a $2,000 $1,000 tax credit for each such employee.
  133         (3) An existing eligible business may apply for a tax
  134  credit under this subsection at any time it is entitled to such
  135  credit, except as restricted by this subsection. An existing
  136  eligible business with fewer than 50 employees in a qualified
  137  area which that on the date of application has at least 20
  138  percent more qualified employees than it had 1 year before prior
  139  to its date of application shall receive a $2,000 $1,000 tax
  140  credit for each such additional employee. An existing eligible
  141  business that has 50 employees or more in a qualified area which
  142  that, on the date of application, has at least 10 more qualified
  143  employees than it had 1 year before prior to its date of
  144  application shall receive a $2,000 $1,000 tax credit for each
  145  additional employee. An Any existing eligible business that
  146  received a credit under subsection (2) may not apply for the
  147  credit under this subsection sooner than 12 months after the
  148  application date for the credit under subsection (2).
  149         (5) A new eligible business that receives a tax credit
  150  under subsection (2) shall receive an additional $3,000 tax
  151  credit for each qualified employee if the new eligible business
  152  is located within a rural area of opportunity designated
  153  pursuant to s. 288.0656.
  154         (13) If a new or existing eligible business takes a credit
  155  granted under this section against its corporate income tax
  156  liability and the credit exceeds the corporate income tax
  157  liability, the eligible business may apply for an ad valorem tax
  158  reimbursement equal to the excess amount.
  159         (14) Effective January 1, 2015, a new or existing eligible
  160  business that receives a tax credit under subsection (2) or
  161  subsection (3) is eligible for a tax refund of up to 50 percent
  162  of the amount of sales tax paid by the business for electricity.
  163  The total amount of tax refunds approved pursuant to this
  164  subsection may not exceed $5 million during any calendar year.
  165  The department may adopt rules to administer this subsection.
  166         Section 2. Subsection (1) of section 288.018, Florida
  167  Statutes, is amended to read:
  168         288.018 Regional Rural Development Grants Program.—
  169         (1) The department shall establish a matching grant program
  170  to provide funding to regionally based economic development
  171  organizations representing rural counties and communities for
  172  the purpose of building the professional capacity of their
  173  organizations. Such matching grants may also be used by an
  174  economic development organization to provide technical
  175  assistance to businesses within the rural counties and
  176  communities that it serves. The department is authorized to
  177  approve, on an annual basis, grants to such regionally based
  178  economic development organizations. The maximum amount an
  179  organization may receive in any year is $50,000 will be $35,000,
  180  or $150,000 $100,000 in a rural area of opportunity critical
  181  economic concern recommended by the Rural Economic Development
  182  Initiative and designated by the Governor, and must be matched
  183  each year by an equivalent amount of nonstate resources as
  184  determined by the department.
  185         Section 3. Paragraphs (b), (c), and (e) of subsection (2)
  186  of section 288.0655, Florida Statutes, are amended to read:
  187         288.0655 Rural Infrastructure Fund.—
  188         (2)
  189         (b) To facilitate access of rural communities and rural
  190  areas of opportunity critical economic concern as defined by the
  191  Rural Economic Development Initiative to infrastructure funding
  192  programs of the Federal Government, such as those offered by the
  193  United States Department of Agriculture and the United States
  194  Department of Commerce, and state programs, including those
  195  offered by Rural Economic Development Initiative agencies, and
  196  to facilitate local government or private infrastructure funding
  197  efforts, the department may award grants for up to 40 30 percent
  198  of the total infrastructure project cost. If an application for
  199  funding is for a catalyst site, as defined in s. 288.0656, the
  200  department may award grants for up to 50 40 percent of the total
  201  infrastructure project cost. Eligible projects must be related
  202  to specific job-creation or job-retention opportunities.
  203  Eligible projects may also include improving any inadequate
  204  infrastructure that has resulted in regulatory action that
  205  prohibits economic or community growth or reducing the costs to
  206  community users of proposed infrastructure improvements that
  207  exceed such costs in comparable communities. Eligible uses of
  208  funds must shall include site certification costs and
  209  improvements to public infrastructure for industrial or
  210  commercial sites and upgrades to or development of public
  211  tourism infrastructure. Authorized infrastructure may include
  212  the following public or public-private partnership facilities:
  213  storm water systems; telecommunications facilities; broadband
  214  facilities; roads or other remedies to transportation
  215  impediments; nature-based tourism facilities; or other physical
  216  requirements necessary to facilitate tourism, trade, and
  217  economic development activities in the community. Authorized
  218  infrastructure may also include publicly or privately owned
  219  self-powered nature-based tourism facilities, publicly owned
  220  telecommunications facilities, and broadband facilities, and
  221  additions to the distribution facilities of the existing natural
  222  gas utility as defined in s. 366.04(3)(c), the existing electric
  223  utility as defined in s. 366.02, or the existing water or
  224  wastewater utility as defined in s. 367.021(12), or any other
  225  existing water or wastewater facility that, which owns a gas or
  226  electric distribution system or a water or wastewater system in
  227  this state where:
  228         1. A contribution-in-aid of construction is required to
  229  serve public or public-private partnership facilities under the
  230  tariffs of any natural gas, electric, water, or wastewater
  231  utility as defined herein; and
  232         2. Such utilities as defined herein are willing and able to
  233  provide such service.
  234         (c) To facilitate timely response and induce the location
  235  or expansion of specific job creating opportunities, the
  236  department may award grants for infrastructure feasibility
  237  studies, design and engineering activities, or other
  238  infrastructure planning and preparation activities. Authorized
  239  grants shall be up to $50,000 for an employment project with a
  240  business committed to create at least 100 jobs; up to $150,000
  241  for an employment project with a business committed to create at
  242  least 300 jobs; and up to $300,000 for a project in a rural area
  243  of opportunity critical economic concern. Grants awarded under
  244  this paragraph may be used in conjunction with grants awarded
  245  under paragraph (b) if, provided that the total amount of both
  246  grants does not exceed 40 30 percent of the total project cost.
  247  In evaluating applications under this paragraph, the department
  248  shall consider the extent to which the application seeks to
  249  minimize administrative and consultant expenses.
  250         (e) To enable local governments to access the resources
  251  available pursuant to s. 403.973(18), the department may award
  252  grants for surveys, feasibility studies, and other activities
  253  related to the identification and preclearance review of land
  254  that which is suitable for preclearance review. Authorized
  255  grants under this paragraph may shall not exceed $75,000 each,
  256  except for in the case of a project in a rural area of
  257  opportunity critical economic concern, in which case the grant
  258  may shall not exceed $300,000. Any funds awarded under this
  259  paragraph must be matched at a level of 50 percent with local
  260  funds, except that any funds awarded for a project in a rural
  261  area of opportunity critical economic concern must be matched at
  262  a level of 33 percent with local funds. If an application for
  263  funding is for a catalyst site, as defined in s. 288.0656, the
  264  requirement for local match may be waived pursuant to the
  265  process in s. 288.06561. In evaluating applications under this
  266  paragraph, the department shall consider the extent to which the
  267  application seeks to minimize administrative and consultant
  268  expenses.
  269         Section 4. Paragraphs (k) and (q) of subsection (2) and
  270  paragraph (d) of subsection (6) of section 288.106, Florida
  271  Statutes, are amended to read:
  272         288.106 Tax refund program for qualified target industry
  273  businesses.—
  274         (2) DEFINITIONS.—As used in this section:
  275         (k) “Local financial support exemption option” means the
  276  option to exercise an exemption from the local financial support
  277  requirement available to any applicant whose project is located
  278  in a brownfield area, a rural city, or a rural community. Any
  279  applicant that exercises this option is not eligible for more
  280  than 80 percent of the total tax refunds allowed such applicant
  281  under this section.
  282         (q) “Target industry business” means a corporate
  283  headquarters business or any business that is engaged in one of
  284  the target industries identified pursuant to the following
  285  criteria developed by the department in consultation with
  286  Enterprise Florida, Inc.:
  287         1. Future growth.—Industry forecasts should indicate strong
  288  expectation for future growth in both employment and output,
  289  according to the most recent available data. Special
  290  consideration should be given to businesses that export goods
  291  to, or provide services in, international markets and businesses
  292  that replace domestic and international imports of goods or
  293  services.
  294         2. Stability.—The industry should not be subject to
  295  periodic layoffs, whether due to seasonality or sensitivity to
  296  volatile economic variables such as weather. The industry should
  297  also be relatively resistant to recession, so that the demand
  298  for products of the this industry is not typically subject to
  299  decline during an economic downturn.
  300         3. High wage.—The industry should pay relatively high wages
  301  compared to statewide or area averages.
  302         4. Market and resource independent.—The location of
  303  industry businesses should not be dependent on Florida markets
  304  or resources as indicated by industry analysis, except for
  305  businesses in the renewable energy industry.
  306         5. Industrial base diversification and strengthening.—The
  307  industry should contribute toward expanding or diversifying the
  308  state’s or area’s economic base, as indicated by analysis of
  309  employment and output shares compared to national and regional
  310  trends. Special consideration should be given to industries that
  311  strengthen regional economies by adding value to basic products
  312  or building regional industrial clusters as indicated by
  313  industry analysis. Special consideration should also be given to
  314  the development of strong industrial clusters that include
  315  defense and homeland security businesses.
  316         6. Positive economic impact.—The industry is expected to
  317  have strong positive economic impacts on or benefits to the
  318  state or regional economies. Special consideration should be
  319  given to industries that facilitate the development of the state
  320  as a hub for domestic and global trade and logistics.
  321         7. Rural areas of opportunity.—By July 1, 2014, for
  322  existing rural areas of opportunity, and thereafter for both new
  323  and existing rural areas of opportunity upon designation or
  324  redesignation of such rural areas of opportunity by the
  325  Governor, the regionally based economic development organization
  326  representing the rural area of opportunity shall, in
  327  consultation with Enterprise Florida, Inc., and the department,
  328  develop target industries specific to the rural area of
  329  opportunity but may not develop any industry specifically
  330  prohibited by this chapter. A business in a rural area of
  331  opportunity may apply to the department for a waiver of the
  332  target industry requirement.
  333  
  334  The term does not include a any business engaged in retail
  335  industry activities; an any electrical utility company as
  336  defined in s. 366.02(2); a any phosphate or other solid minerals
  337  severance, mining, or processing operation; an any oil or gas
  338  exploration or production operation; or a any business subject
  339  to regulation by the Division of Hotels and Restaurants of the
  340  Department of Business and Professional Regulation. Any business
  341  within NAICS code 5611 or 5614, office administrative services
  342  and business support services, respectively, may be considered a
  343  target industry business only after the local governing body and
  344  Enterprise Florida, Inc., determine make a determination that
  345  the community where the business may locate has conditions
  346  affecting the fiscal and economic viability of the local
  347  community or area, including but not limited to, factors such as
  348  low per capita income, high unemployment, high underemployment,
  349  and a lack of year-round stable employment opportunities, and
  350  such conditions may be improved by the location of such a
  351  business to the community. By January 1 of every 3rd year,
  352  beginning January 1, 2011, the department, in consultation with
  353  Enterprise Florida, Inc., economic development organizations,
  354  the State University System, local governments, employee and
  355  employer organizations, market analysts, and economists, shall
  356  review and, as appropriate, revise the list of such target
  357  industries and submit the list to the Governor, the President of
  358  the Senate, and the Speaker of the House of Representatives.
  359         (6) ANNUAL CLAIM FOR REFUND.—
  360         (d) A tax refund may not be approved for a qualified target
  361  industry business unless the required local financial support
  362  has been paid into the account for that refund. If the local
  363  financial support provided is less than 20 percent of the
  364  approved tax refund, the tax refund must be reduced unless the
  365  qualified target industry business is located in a rural area of
  366  opportunity. In no event may The tax refund may not exceed an
  367  amount that is equal to 5 times the amount of the local
  368  financial support received. Further, funding from local sources
  369  includes any tax abatement granted to that business under s.
  370  196.1995 or the appraised market value of municipal or county
  371  land conveyed or provided at a discount to that business. The
  372  amount of any tax refund for such business approved under this
  373  section must be reduced by the amount of any such tax abatement
  374  granted or the value of the land granted, and the limitations in
  375  subsection (3) and paragraph (4)(e) must be reduced by the
  376  amount of any such tax abatement or the value of the land
  377  granted. A report listing all sources of the local financial
  378  support shall be provided to the department when such support is
  379  paid to the account.
  380         Section 5. Subsection (5) of section 290.004, Florida
  381  Statutes, is amended to read:
  382         290.004 Definitions relating to Florida Enterprise Zone
  383  Act.—As used in ss. 290.001-290.016:
  384         (5) “Rural enterprise zone” means a rural area of
  385  opportunity designated pursuant to s. 288.0656 or an enterprise
  386  zone that is nominated by a county having a population of 75,000
  387  or fewer, or a county having a population of 100,000 or fewer
  388  which is contiguous to a county having a population of 75,000 or
  389  fewer, or by a municipality in such a county, or by such a
  390  county and one or more municipalities. An enterprise zone
  391  designated in accordance with s. 290.0065(5)(b) is considered to
  392  be a rural enterprise zone.
  393         Section 6. Subsections (6) and (7) of section 290.0065,
  394  Florida Statutes, are renumbered as subsections (7) and (8),
  395  respectively, and a new subsection (6) is added to that section,
  396  to read:
  397         290.0065 State designation of enterprise zones.—
  398         (6) Notwithstanding s. 290.0055, a rural area of
  399  opportunity designated pursuant to s. 288.0656 shall be
  400  designated as a rural enterprise zone.
  401         Section 7. Paragraph (b) of subsection (5) of section
  402  339.63, Florida Statutes, is amended to read:
  403         339.63 System facilities designated; additions and
  404  deletions.—
  405         (5)
  406         (b) A facility designated part of the Strategic Intermodal
  407  System pursuant to paragraph (a) that is within the jurisdiction
  408  of a local government that maintains a transportation
  409  concurrency system shall receive a waiver of transportation
  410  concurrency requirements applicable to Strategic Intermodal
  411  System facilities in order to accommodate any development at the
  412  facility which occurs pursuant to a building permit issued on or
  413  before December 31, 2017, but only if such facility is located:
  414         1. Within an area designated pursuant to s. 288.0656(7) as
  415  a rural area of critical economic concern;
  416         2. within a rural enterprise zone, as defined in s.
  417  290.004, or within 15 miles of the boundary of a rural
  418  enterprise zone s. 290.004(5); or
  419         3. Within 15 miles of the boundary of a rural area of
  420  critical economic concern or a rural enterprise zone.
  421         Section 8. Paragraph (a) of subsection (1) of section
  422  125.271, Florida Statutes, is amended to read:
  423         125.271 Emergency medical services; county emergency
  424  medical service assessments.—
  425         (1) As used in this section, the term “county” means:
  426         (a) A county that is within a rural area of opportunity
  427  critical economic concern as designated by the Governor pursuant
  428  to s. 288.0656;
  429  
  430  Once a county has qualified under this subsection, it always
  431  retains the qualification.
  432         Section 9. Paragraphs (a), (b), and (e) of subsection (7)
  433  of section 163.3177, Florida Statutes, are amended to read:
  434         163.3177 Required and optional elements of comprehensive
  435  plan; studies and surveys.—
  436         (7)(a) The Legislature finds that:
  437         1. There are a number of rural agricultural industrial
  438  centers in the state that process, produce, or aid in the
  439  production or distribution of a variety of agriculturally based
  440  products, including, but not limited to, fruits, vegetables,
  441  timber, and other crops, and juices, paper, and building
  442  materials. Rural agricultural industrial centers have a
  443  significant amount of existing associated infrastructure that is
  444  used for processing, producing, or distributing agricultural
  445  products.
  446         2. Such rural agricultural industrial centers are often
  447  located within or near communities in which the economy is
  448  largely dependent upon agriculture and agriculturally based
  449  products. The centers significantly enhance the economy of such
  450  communities. However, these agriculturally based communities are
  451  often socioeconomically challenged and designated as rural areas
  452  of opportunity critical economic concern. If such rural
  453  agricultural industrial centers are lost and not replaced with
  454  other job-creating enterprises, the agriculturally based
  455  communities will lose a substantial amount of their economies.
  456         3. The state has a compelling interest in preserving the
  457  viability of agriculture and protecting rural agricultural
  458  communities and the state from the economic upheaval that would
  459  result from short-term or long-term adverse changes in the
  460  agricultural economy. To protect these communities and promote
  461  viable agriculture for the long term, it is essential to
  462  encourage and permit diversification of existing rural
  463  agricultural industrial centers by providing for jobs that are
  464  not solely dependent upon, but are compatible with and
  465  complement, existing agricultural industrial operations and to
  466  encourage the creation and expansion of industries that use
  467  agricultural products in innovative ways. However, the expansion
  468  and diversification of these existing centers must be
  469  accomplished in a manner that does not promote urban sprawl into
  470  surrounding agricultural and rural areas.
  471         (b) As used in this subsection, the term “rural
  472  agricultural industrial center” means a developed parcel of land
  473  in an unincorporated area on which there exists an operating
  474  agricultural industrial facility or facilities that employ at
  475  least 200 full-time employees in the aggregate and process and
  476  prepare for transport a farm product, as defined in s. 163.3162,
  477  or any biomass material that could be used, directly or
  478  indirectly, for the production of fuel, renewable energy,
  479  bioenergy, or alternative fuel as defined by law. The center may
  480  also include land contiguous to the facility site which is not
  481  used for the cultivation of crops, but on which other existing
  482  activities essential to the operation of such facility or
  483  facilities are located or conducted. The parcel of land must be
  484  located within, or within 10 miles of, a rural area of
  485  opportunity critical economic concern.
  486         (e) Nothing in This subsection does not shall be construed
  487  to confer the status of rural area of opportunity critical
  488  economic concern, or any of the rights or benefits derived from
  489  such status, on any land area not otherwise designated as such
  490  pursuant to s. 288.0656(7).
  491         Section 10. Subsection (3) of section 163.3187, Florida
  492  Statutes, is amended to read:
  493         163.3187 Process for adoption of small-scale comprehensive
  494  plan amendment.—
  495         (3) If the small scale development amendment involves a
  496  site within a rural area of opportunity critical economic
  497  concern as defined under s. 288.0656(2)(d) for the duration of
  498  such designation, the 10-acre limit listed in subsection (1)
  499  shall be increased by 100 percent to 20 acres. The local
  500  government approving the small scale plan amendment shall
  501  certify to the Office of Tourism, Trade, and Economic
  502  Development that the plan amendment furthers the economic
  503  objectives set forth in the executive order issued under s.
  504  288.0656(7), and the property subject to the plan amendment
  505  shall undergo public review to ensure that all concurrency
  506  requirements and federal, state, and local environmental permit
  507  requirements are met.
  508         Section 11. Subsection (10) of section 163.3246, Florida
  509  Statutes, is amended to read:
  510         163.3246 Local government comprehensive planning
  511  certification program.—
  512         (10) Notwithstanding subsections (2), (4), (5), (6), and
  513  (7), any municipality designated as a rural area of opportunity
  514  critical economic concern pursuant to s. 288.0656 which is
  515  located within a county eligible to levy the Small County Surtax
  516  under s. 212.055(3) is shall be considered certified during the
  517  effectiveness of the designation of rural area of opportunity
  518  critical economic concern. The state land planning agency shall
  519  provide a written notice of certification to the local
  520  government of the certified area, which shall be considered
  521  final agency action subject to challenge under s. 120.569. The
  522  notice of certification must shall include the following
  523  components:
  524         (a) The boundary of the certification area.
  525         (b) A requirement that the local government submit either
  526  an annual or biennial monitoring report to the state land
  527  planning agency according to the schedule provided in the
  528  written notice. The monitoring report must shall, at a minimum,
  529  include the number of amendments to the comprehensive plan
  530  adopted by the local government, the number of plan amendments
  531  challenged by an affected person, and the disposition of those
  532  challenges.
  533         Section 12. Paragraph (a) of subsection (6) of section
  534  211.3103, Florida Statutes, is amended to read:
  535         211.3103 Levy of tax on severance of phosphate rock; rate,
  536  basis, and distribution of tax.—
  537         (6)(a) Beginning July 1 of the 2011-2012 fiscal year, the
  538  proceeds of all taxes, interest, and penalties imposed under
  539  this section are exempt from the general revenue service charge
  540  provided in s. 215.20, and such proceeds shall be paid into the
  541  State Treasury as follows:
  542         1. To the credit of the Conservation and Recreation Lands
  543  Trust Fund, 25.5 percent.
  544         2. To the credit of the General Revenue Fund of the state,
  545  35.7 percent.
  546         3. For payment to counties in proportion to the number of
  547  tons of phosphate rock produced from a phosphate rock matrix
  548  located within such political boundary, 12.8 percent. The
  549  department shall distribute this portion of the proceeds
  550  annually based on production information reported by the
  551  producers on the annual returns for the taxable year. Any such
  552  proceeds received by a county shall be used only for phosphate
  553  related expenses.
  554         4. For payment to counties that have been designated as a
  555  rural area of opportunity critical economic concern pursuant to
  556  s. 288.0656 in proportion to the number of tons of phosphate
  557  rock produced from a phosphate rock matrix located within such
  558  political boundary, 10.0 percent. The department shall
  559  distribute this portion of the proceeds annually based on
  560  production information reported by the producers on the annual
  561  returns for the taxable year. Payments under this subparagraph
  562  shall be made to the counties unless the Legislature by special
  563  act creates a local authority to promote and direct the economic
  564  development of the county. If such authority exists, payments
  565  shall be made to that authority.
  566         5. To the credit of the Nonmandatory Land Reclamation Trust
  567  Fund, 6.2 percent.
  568         6. To the credit of the Phosphate Research Trust Fund in
  569  the Division of Universities of the Department of Education, 6.2
  570  percent.
  571         7. To the credit of the Minerals Trust Fund, 3.6 percent.
  572         Section 13. Subsection (1) of section 218.67, Florida
  573  Statutes, is amended to read:
  574         218.67 Distribution for fiscally constrained counties.—
  575         (1) Each county that is entirely within a rural area of
  576  opportunity critical economic concern as designated by the
  577  Governor pursuant to s. 288.0656 or each county for which the
  578  value of a mill will raise no more than $5 million in revenue,
  579  based on the taxable value certified pursuant to s.
  580  1011.62(4)(a)1.a., from the previous July 1, is shall be
  581  considered a fiscally constrained county.
  582         Section 14. Paragraphs (a) and (c) of subsection (2) of
  583  section 288.065, Florida Statutes, are amended to read:
  584         288.065 Rural Community Development Revolving Loan Fund.—
  585         (2)(a) The program shall provide for long-term loans, loan
  586  guarantees, and loan loss reserves to units of local
  587  governments, or economic development organizations substantially
  588  underwritten by a unit of local government, within counties that
  589  have with populations of 75,000 or fewer, or within a any county
  590  that has with a population of 125,000 or fewer which is
  591  contiguous to a county with a population of 75,000 or fewer,
  592  based on the most recent official population estimate as
  593  determined under s. 186.901, including those residing in
  594  incorporated areas and those residing in unincorporated areas of
  595  the county, or to units of local government, or economic
  596  development organizations substantially underwritten by a unit
  597  of local government, within a rural area of opportunity critical
  598  economic concern.
  599         (c) All repayments of principal and interest shall be
  600  returned to the loan fund and made available for loans to other
  601  applicants. However, in a rural area of opportunity critical
  602  economic concern designated by the Governor, and upon approval
  603  by the department, repayments of principal and interest may be
  604  retained by the applicant if such repayments are dedicated and
  605  matched to fund regionally based economic development
  606  organizations representing the rural area of opportunity
  607  critical economic concern.
  608         Section 15. Paragraphs (a), (b), and (d) of subsection (2)
  609  and subsection (7) of section 288.0656, Florida Statutes, are
  610  amended to read:
  611         288.0656 Rural Economic Development Initiative.—
  612         (2) As used in this section, the term:
  613         (a) “Catalyst project” means a business locating or
  614  expanding in a rural area of opportunity critical economic
  615  concern to serve as an economic generator of regional
  616  significance for the growth of a regional target industry
  617  cluster. The project must provide capital investment on a scale
  618  significant enough to affect the entire region and result in the
  619  development of high-wage and high-skill jobs.
  620         (b) “Catalyst site” means a parcel or parcels of land
  621  within a rural area of opportunity critical economic concern
  622  that has been prioritized as a geographic site for economic
  623  development through partnerships with state, regional, and local
  624  organizations. The site must be reviewed by REDI and approved by
  625  the department for the purposes of locating a catalyst project.
  626         (d) “Rural area of opportunity critical economic concern”
  627  means a rural community, or a region composed of rural
  628  communities, designated by the Governor, that has been adversely
  629  affected by an extraordinary economic event, severe or chronic
  630  distress, or a natural disaster or that presents a unique
  631  economic development opportunity of regional impact.
  632         (7)(a) REDI may recommend to the Governor up to three rural
  633  areas of opportunity critical economic concern. The Governor may
  634  by executive order designate up to three rural areas of
  635  opportunity critical economic concern which will establish these
  636  areas as priority assignments for REDI as well as to allow the
  637  Governor, acting through REDI, to waive criteria, requirements,
  638  or similar provisions of any economic development incentive.
  639  Such incentives shall include, but are not be limited to,: the
  640  Qualified Target Industry Tax Refund Program under s. 288.106,
  641  the Quick Response Training Program under s. 288.047, the Quick
  642  Response Training Program for participants in the welfare
  643  transition program under s. 288.047(8), transportation projects
  644  under s. 339.2821, the brownfield redevelopment bonus refund
  645  under s. 288.107, and the rural job tax credit program under ss.
  646  212.098 and 220.1895.
  647         (b) Designation as a rural area of opportunity critical
  648  economic concern under this subsection is shall be contingent
  649  upon the execution of a memorandum of agreement among the
  650  department; the governing body of the county; and the governing
  651  bodies of any municipalities to be included within a rural area
  652  of opportunity critical economic concern. Such agreement shall
  653  specify the terms and conditions of the designation, including,
  654  but not limited to, the duties and responsibilities of the
  655  county and any participating municipalities to take actions
  656  designed to facilitate the retention and expansion of existing
  657  businesses in the area, as well as the recruitment of new
  658  businesses to the area.
  659         (c) Each rural area of opportunity critical economic
  660  concern may designate catalyst projects if, provided that each
  661  catalyst project is specifically recommended by REDI, identified
  662  as a catalyst project by Enterprise Florida, Inc., and confirmed
  663  as a catalyst project by the department. All state agencies and
  664  departments shall use all available tools and resources to the
  665  extent permissible by law to promote the creation and
  666  development of each catalyst project and the development of
  667  catalyst sites.
  668         Section 16. Paragraph (a) of subsection (3) of section
  669  288.1088, Florida Statutes, is amended to read:
  670         288.1088 Quick Action Closing Fund.—
  671         (3)(a) The department and Enterprise Florida, Inc., shall
  672  jointly review applications pursuant to s. 288.061 and determine
  673  the eligibility of each project consistent with the criteria in
  674  subsection (2). Waiver of these criteria may be considered under
  675  the following criteria:
  676         1. Based on extraordinary circumstances;
  677         2. In order to mitigate the impact of the conclusion of the
  678  space shuttle program; or
  679         3. In rural areas of opportunity critical economic concern
  680  if the project would significantly benefit the local or regional
  681  economy.
  682         Section 17. Paragraphs (b), (c), and (d) of subsection (4)
  683  of section 288.1089, Florida Statutes, are amended to read:
  684         288.1089 Innovation Incentive Program.—
  685         (4) To qualify for review by the department, the applicant
  686  must, at a minimum, establish the following to the satisfaction
  687  of the department:
  688         (b) A research and development project must:
  689         1. Serve as a catalyst for an emerging or evolving
  690  technology cluster.
  691         2. Demonstrate a plan for significant higher education
  692  collaboration.
  693         3. Provide the state, at a minimum, a cumulative break-even
  694  economic benefit within a 20-year period.
  695         4. Be provided with a one-to-one match from the local
  696  community. The match requirement may be reduced or waived in
  697  rural areas of opportunity critical economic concern or reduced
  698  in rural areas, brownfield areas, and enterprise zones.
  699         (c) An innovation business project in this state, other
  700  than a research and development project, must:
  701         1.a. Result in the creation of at least 1,000 direct, new
  702  jobs at the business; or
  703         b. Result in the creation of at least 500 direct, new jobs
  704  if the project is located in a rural area, a brownfield area, or
  705  an enterprise zone.
  706         2. Have an activity or product that is within an industry
  707  that is designated as a target industry business under s.
  708  288.106 or a designated sector under s. 288.108.
  709         3.a. Have a cumulative investment of at least $500 million
  710  within a 5-year period; or
  711         b. Have a cumulative investment that exceeds $250 million
  712  within a 10-year period if the project is located in a rural
  713  area, brownfield area, or an enterprise zone.
  714         4. Be provided with a one-to-one match from the local
  715  community. The match requirement may be reduced or waived in
  716  rural areas of opportunity critical economic concern or reduced
  717  in rural areas, brownfield areas, and enterprise zones.
  718         (d) For an alternative and renewable energy project in this
  719  state, the project must:
  720         1. Demonstrate a plan for significant collaboration with an
  721  institution of higher education;
  722         2. Provide the state, at a minimum, a cumulative break-even
  723  economic benefit within a 20-year period;
  724         3. Include matching funds provided by the applicant or
  725  other available sources. The match requirement may be reduced or
  726  waived in rural areas of opportunity critical economic concern
  727  or reduced in rural areas, brownfield areas, and enterprise
  728  zones;
  729         4. Be located in this state; and
  730         5. Provide at least 35 direct, new jobs that pay an
  731  estimated annual average wage that equals at least 130 percent
  732  of the average private sector wage.
  733         Section 18. Paragraph (d) of subsection (6) of section
  734  290.0055, Florida Statutes, is amended to read:
  735         290.0055 Local nominating procedure.—
  736         (6)
  737         (d)1. The governing body of a jurisdiction which has
  738  nominated an application for an enterprise zone that is at least
  739  15 square miles and less than 20 square miles and includes a
  740  portion of the state designated as a rural area of opportunity
  741  critical economic concern under s. 288.0656(7) may apply to the
  742  department to expand the boundary of the existing enterprise
  743  zone by up to not more than 3 square miles.
  744         2. The governing body of a jurisdiction which has nominated
  745  an application for an enterprise zone that is at least 20 square
  746  miles and includes a portion of the state designated as a rural
  747  area of opportunity critical economic concern under s.
  748  288.0656(7) may apply to the department to expand the boundary
  749  of the existing enterprise zone by up to not more than 5 square
  750  miles.
  751         3. An application to expand the boundary of an enterprise
  752  zone under this paragraph must be submitted by December 31,
  753  2013.
  754         4. Notwithstanding the area limitations specified in
  755  subsection (4), the department may approve the request for a
  756  boundary amendment if the area continues to satisfy the
  757  remaining requirements of this section.
  758         5. The department shall establish the initial effective
  759  date of an enterprise zone designated under this paragraph.
  760         Section 19. Paragraph (c) of subsection (4) of section
  761  339.2819, Florida Statutes, is amended to read:
  762         339.2819 Transportation Regional Incentive Program.—
  763         (4)
  764         (c) The department shall give priority to projects that:
  765         1. Provide connectivity to the Strategic Intermodal System
  766  developed under s. 339.64.
  767         2. Support economic development and the movement of goods
  768  in rural areas of opportunity critical economic concern
  769  designated under s. 288.0656(7).
  770         3. Are subject to a local ordinance that establishes
  771  corridor management techniques, including access management
  772  strategies, right-of-way acquisition and protection measures,
  773  appropriate land use strategies, zoning, and setback
  774  requirements for adjacent land uses.
  775         4. Improve connectivity between military installations and
  776  the Strategic Highway Network or the Strategic Rail Corridor
  777  Network.
  778  
  779  The department shall also consider the extent to which local
  780  matching funds are available to be committed to the project.
  781         Section 20. Paragraph (c) of subsection (3) of section
  782  373.4595, Florida Statutes, is amended to read:
  783         373.4595 Northern Everglades and Estuaries Protection
  784  Program.—
  785         (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—A
  786  protection program for Lake Okeechobee that achieves phosphorus
  787  load reductions for Lake Okeechobee shall be immediately
  788  implemented as specified in this subsection. The program shall
  789  address the reduction of phosphorus loading to the lake from
  790  both internal and external sources. Phosphorus load reductions
  791  shall be achieved through a phased program of implementation.
  792  Initial implementation actions shall be technology-based, based
  793  upon a consideration of both the availability of appropriate
  794  technology and the cost of such technology, and shall include
  795  phosphorus reduction measures at both the source and the
  796  regional level. The initial phase of phosphorus load reductions
  797  shall be based upon the district’s Technical Publication 81-2
  798  and the district’s WOD program, with subsequent phases of
  799  phosphorus load reductions based upon the total maximum daily
  800  loads established in accordance with s. 403.067. In the
  801  development and administration of the Lake Okeechobee Watershed
  802  Protection Program, the coordinating agencies shall maximize
  803  opportunities provided by federal cost-sharing programs and
  804  opportunities for partnerships with the private sector.
  805         (c) Lake Okeechobee Watershed Phosphorus Control Program.
  806  The Lake Okeechobee Watershed Phosphorus Control Program is
  807  designed to be a multifaceted approach to reducing phosphorus
  808  loads by improving the management of phosphorus sources within
  809  the Lake Okeechobee watershed through implementation of
  810  regulations and best management practices, development and
  811  implementation of improved best management practices,
  812  improvement and restoration of the hydrologic function of
  813  natural and managed systems, and utilization of alternative
  814  technologies for nutrient reduction. The coordinating agencies
  815  shall facilitate the application of federal programs that offer
  816  opportunities for water quality treatment, including
  817  preservation, restoration, or creation of wetlands on
  818  agricultural lands.
  819         1. Agricultural nonpoint source best management practices,
  820  developed in accordance with s. 403.067 and designed to achieve
  821  the objectives of the Lake Okeechobee Watershed Protection
  822  Program, shall be implemented on an expedited basis. The
  823  coordinating agencies shall develop an interagency agreement
  824  pursuant to ss. 373.046 and 373.406(5) which that assures the
  825  development of best management practices that complement
  826  existing regulatory programs and specifies how those best
  827  management practices are implemented and verified. The
  828  interagency agreement shall address measures to be taken by the
  829  coordinating agencies during any best management practice
  830  reevaluation performed pursuant to sub-subparagraph d. The
  831  department shall use best professional judgment in making the
  832  initial determination of best management practice effectiveness.
  833         a. As provided in s. 403.067(7)(c), the Department of
  834  Agriculture and Consumer Services, in consultation with the
  835  department, the district, and affected parties, shall initiate
  836  rule development for interim measures, best management
  837  practices, conservation plans, nutrient management plans, or
  838  other measures necessary for Lake Okeechobee watershed total
  839  maximum daily load reduction. The rule must shall include
  840  thresholds for requiring conservation and nutrient management
  841  plans and criteria for the contents of such plans. Development
  842  of agricultural nonpoint source best management practices shall
  843  initially focus on those priority basins listed in subparagraph
  844  (b)1. The Department of Agriculture and Consumer Services, in
  845  consultation with the department, the district, and affected
  846  parties, shall conduct an ongoing program for improvement of
  847  existing and development of new interim measures or best
  848  management practices for the purpose of adoption of such
  849  practices by rule. The Department of Agriculture and Consumer
  850  Services shall work with the University of Florida’s Institute
  851  of Food and Agriculture Sciences to review and, where
  852  appropriate, develop revised nutrient application rates for all
  853  agricultural soil amendments in the watershed.
  854         b. Where agricultural nonpoint source best management
  855  practices or interim measures have been adopted by rule of the
  856  Department of Agriculture and Consumer Services, the owner or
  857  operator of an agricultural nonpoint source addressed by such
  858  rule shall either implement interim measures or best management
  859  practices or demonstrate compliance with the district’s WOD
  860  program by conducting monitoring prescribed by the department or
  861  the district. Owners or operators of agricultural nonpoint
  862  sources who implement interim measures or best management
  863  practices adopted by rule are of the Department of Agriculture
  864  and Consumer Services shall be subject to the provisions of s.
  865  403.067(7). The Department of Agriculture and Consumer Services,
  866  in cooperation with the department and the district, shall
  867  provide technical and financial assistance for implementing
  868  implementation of agricultural best management practices,
  869  subject to the availability of funds.
  870         c. The district or department shall conduct monitoring at
  871  representative sites to verify the effectiveness of agricultural
  872  nonpoint source best management practices.
  873         d. Where water quality problems are detected for
  874  agricultural nonpoint sources despite the appropriate
  875  implementation of adopted best management practices, the
  876  Department of Agriculture and Consumer Services, in consultation
  877  with the other coordinating agencies and affected parties, shall
  878  institute a reevaluation of the best management practices and
  879  make appropriate changes to the rule adopting best management
  880  practices.
  881         2. Nonagricultural nonpoint source best management
  882  practices, developed in accordance with s. 403.067 and designed
  883  to achieve the objectives of the Lake Okeechobee Watershed
  884  Protection Program, shall be implemented on an expedited basis.
  885  The department and the district shall develop an interagency
  886  agreement pursuant to ss. 373.046 and 373.406(5) that assures
  887  the development of best management practices that complement
  888  existing regulatory programs and specifies how those best
  889  management practices are implemented and verified. The
  890  interagency agreement must shall address measures to be taken by
  891  the department and the district during any best management
  892  practice reevaluation performed pursuant to sub-subparagraph d.
  893         a. The department and the district shall are directed to
  894  work with the University of Florida’s Institute of Food and
  895  Agricultural Sciences to develop appropriate nutrient
  896  application rates for all nonagricultural soil amendments in the
  897  watershed. As provided in s. 403.067(7)(c), the department, in
  898  consultation with the district and affected parties, shall
  899  develop interim measures, best management practices, or other
  900  measures necessary for Lake Okeechobee watershed total maximum
  901  daily load reduction. Development of nonagricultural nonpoint
  902  source best management practices shall initially focus on those
  903  priority basins listed in subparagraph (b)1. The department, the
  904  district, and affected parties shall conduct an ongoing program
  905  for improvement of existing and development of new interim
  906  measures or best management practices. The district shall adopt
  907  technology-based standards under the district’s WOD program for
  908  nonagricultural nonpoint sources of phosphorus. Nothing in This
  909  sub-subparagraph does not shall affect the authority of the
  910  department or the district to adopt basin-specific criteria
  911  under this part to prevent harm to the water resources of the
  912  district.
  913         b. Where nonagricultural nonpoint source best management
  914  practices or interim measures have been developed by the
  915  department and adopted by the district, the owner or operator of
  916  a nonagricultural nonpoint source shall implement interim
  917  measures or best management practices and be subject to the
  918  provisions of s. 403.067(7). The department and district shall
  919  provide technical and financial assistance for implementation of
  920  nonagricultural nonpoint source best management practices,
  921  subject to the availability of funds.
  922         c. The district or the department shall conduct monitoring
  923  at representative sites to verify the effectiveness of
  924  nonagricultural nonpoint source best management practices.
  925         d. Where water quality problems are detected for
  926  nonagricultural nonpoint sources despite the appropriate
  927  implementation of adopted best management practices, the
  928  department and the district shall institute a reevaluation of
  929  the best management practices.
  930         3. The provisions of Subparagraphs 1. and 2. do shall not
  931  preclude the department or the district from requiring
  932  compliance with water quality standards or with current best
  933  management practices requirements set forth in any applicable
  934  regulatory program authorized by law for the purpose of
  935  protecting water quality. Additionally, Subparagraphs 1. and 2.
  936  are also applicable only to the extent that they do not conflict
  937  with any rules adopted promulgated by the department which that
  938  are necessary to maintain a federally delegated or approved
  939  program.
  940         4. Projects that reduce the phosphorus load originating
  941  from domestic wastewater systems within the Lake Okeechobee
  942  watershed shall be given funding priority in the department’s
  943  revolving loan program under s. 403.1835. The department shall
  944  coordinate and provide assistance to those local governments
  945  seeking financial assistance for such priority projects.
  946         5. Projects that make use of private lands, or lands held
  947  in trust for Indian tribes, to reduce nutrient loadings or
  948  concentrations within a basin by one or more of the following
  949  methods: restoring the natural hydrology of the basin, restoring
  950  wildlife habitat or impacted wetlands, reducing peak flows after
  951  storm events, increasing aquifer recharge, or protecting range
  952  and timberland from conversion to development, are eligible for
  953  grants available under this section from the coordinating
  954  agencies. For projects of otherwise equal priority, special
  955  funding priority shall will be given to those projects that make
  956  best use of the methods outlined above which that involve
  957  public-private partnerships or which that obtain federal match
  958  money. Preference ranking above the special funding priority
  959  shall will be given to projects located in a rural area of
  960  opportunity critical economic concern designated by the
  961  Governor. Grant applications may be submitted by any person or
  962  tribal entity, and eligible projects may include, but are not
  963  limited to, the purchase of conservation and flowage easements,
  964  hydrologic restoration of wetlands, creating treatment wetlands,
  965  development of a management plan for natural resources, and
  966  financial support to implement a management plan.
  967         6.a. The department shall require all entities disposing of
  968  domestic wastewater residuals within the Lake Okeechobee
  969  watershed and the remaining areas of Okeechobee, Glades, and
  970  Hendry Counties to develop and submit to the department an
  971  agricultural use plan that limits applications based upon
  972  phosphorus loading. By July 1, 2005, phosphorus concentrations
  973  originating from these application sites may shall not exceed
  974  the limits established in the district’s WOD program. After
  975  December 31, 2007, the department may not authorize the disposal
  976  of domestic wastewater residuals within the Lake Okeechobee
  977  watershed unless the applicant can affirmatively demonstrate
  978  that the phosphorus in the residuals does will not add to
  979  phosphorus loadings in Lake Okeechobee or its tributaries. This
  980  demonstration shall be based on achieving a net balance between
  981  phosphorus imports relative to exports on the permitted
  982  application site. Exports must shall include only phosphorus
  983  removed from the Lake Okeechobee watershed through products
  984  generated on the permitted application site. This prohibition
  985  does not apply to Class AA residuals that are marketed and
  986  distributed as fertilizer products in accordance with department
  987  rule.
  988         b. Private and government-owned utilities within Monroe,
  989  Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
  990  River, Okeechobee, Highlands, Hendry, and Glades Counties which
  991  that dispose of wastewater residual sludge from utility
  992  operations and septic removal by land spreading in the Lake
  993  Okeechobee watershed may use a line item on local sewer rates to
  994  cover wastewater residual treatment and disposal if such
  995  disposal and treatment is done by approved alternative treatment
  996  methodology at a facility located within the areas designated by
  997  the Governor as rural areas of opportunity critical economic
  998  concern pursuant to s. 288.0656. This additional line item is an
  999  environmental protection disposal fee above the present sewer
 1000  rate and is shall not be considered a part of the present sewer
 1001  rate to customers, notwithstanding provisions to the contrary in
 1002  chapter 367. The fee shall be established by the county
 1003  commission or its designated assignee in the county in which the
 1004  alternative method treatment facility is located. The fee shall
 1005  be calculated to be no higher than that necessary to recover the
 1006  facility’s prudent cost of providing the service. Upon request
 1007  by an affected county commission, the Florida Public Service
 1008  Commission shall will provide assistance in establishing the
 1009  fee. Further, for utilities and utility authorities that use the
 1010  additional line item environmental protection disposal fee, such
 1011  fee is shall not be considered a rate increase under the rules
 1012  of the Public Service Commission and is shall be exempt from
 1013  such rules. Utilities using the provisions of this section may
 1014  immediately include in their sewer invoicing the new
 1015  environmental protection disposal fee. Proceeds from the this
 1016  environmental protection disposal fee shall be used for
 1017  treatment and disposal of wastewater residuals, including any
 1018  treatment technology that helps reduce the volume of residuals
 1019  that require final disposal, but may such proceeds shall not be
 1020  used for transportation or shipment costs for disposal or any
 1021  costs relating to the land application of residuals in the Lake
 1022  Okeechobee watershed.
 1023         c. At least No less frequently than once every 3 years, the
 1024  Florida Public Service Commission or the county commission
 1025  through the services of an independent auditor shall perform a
 1026  financial audit of all facilities receiving compensation from an
 1027  environmental protection disposal fee. The Florida Public
 1028  Service Commission or the county commission through the services
 1029  of an independent auditor shall also perform an audit of the
 1030  methodology used in establishing the environmental protection
 1031  disposal fee. The Florida Public Service Commission or the
 1032  county commission shall, within 120 days after completion of an
 1033  audit, file the audit report with the President of the Senate
 1034  and the Speaker of the House of Representatives and shall
 1035  provide copies to the county commissions of the counties listed
 1036  set forth in sub-subparagraph b. The books and records of any
 1037  facilities receiving compensation from an environmental
 1038  protection disposal fee must shall be open to the Florida Public
 1039  Service Commission and the Auditor General for review upon
 1040  request.
 1041         7. The Department of Health shall require all entities
 1042  disposing of septage within the Lake Okeechobee watershed to
 1043  develop and submit to that agency an agricultural use plan that
 1044  limits applications based upon phosphorus loading. By July 1,
 1045  2005, phosphorus concentrations originating from these
 1046  application sites may shall not exceed the limits established in
 1047  the district’s WOD program.
 1048         8. The Department of Agriculture and Consumer Services
 1049  shall initiate rulemaking requiring entities within the Lake
 1050  Okeechobee watershed which land-apply animal manure to develop
 1051  resource management system level conservation plans, according
 1052  to United States Department of Agriculture criteria, which limit
 1053  such application. Such rules may include criteria and thresholds
 1054  for the requirement to develop a conservation or nutrient
 1055  management plan, requirements for plan approval, and
 1056  recordkeeping requirements.
 1057         9. The district, the department, or the Department of
 1058  Agriculture and Consumer Services, as appropriate, shall
 1059  implement those alternative nutrient reduction technologies
 1060  determined to be feasible pursuant to subparagraph (d)6.
 1061         Section 21. Paragraph (e) of subsection (2) and paragraph
 1062  (b) of subsection (26) of section 380.06, Florida Statutes, are
 1063  amended to read:
 1064         380.06 Developments of regional impact.—
 1065         (2) STATEWIDE GUIDELINES AND STANDARDS.—
 1066         (e) With respect to residential, hotel, motel, office, and
 1067  retail developments, the applicable guidelines and standards
 1068  shall be increased by 50 percent in urban central business
 1069  districts and regional activity centers of jurisdictions whose
 1070  local comprehensive plans are in compliance with part II of
 1071  chapter 163. With respect to multiuse developments, the
 1072  applicable individual use guidelines and standards for
 1073  residential, hotel, motel, office, and retail developments and
 1074  multiuse guidelines and standards shall be increased by 100
 1075  percent in urban central business districts and regional
 1076  activity centers of jurisdictions whose local comprehensive
 1077  plans are in compliance with part II of chapter 163, if one land
 1078  use of the multiuse development is residential and amounts to at
 1079  least not less than 35 percent of the jurisdiction’s applicable
 1080  residential threshold. With respect to resort or convention
 1081  hotel developments, the applicable guidelines and standards
 1082  shall be increased by 150 percent in urban central business
 1083  districts and regional activity centers of jurisdictions whose
 1084  local comprehensive plans are in compliance with part II of
 1085  chapter 163 and where the increase is specifically for a
 1086  proposed resort or convention hotel located in a county with a
 1087  population greater than 500,000 and the local government
 1088  specifically designates that the proposed resort or convention
 1089  hotel development will serve an existing convention center of
 1090  more than 250,000 gross square feet built before prior to July
 1091  1, 1992. The applicable guidelines and standards shall be
 1092  increased by 150 percent for development in any area designated
 1093  by the Governor as a rural area of opportunity critical economic
 1094  concern pursuant to s. 288.0656 during the effectiveness of the
 1095  designation.
 1096         (26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.—
 1097         (b) Upon receipt of written confirmation from the state
 1098  land planning agency that any required mitigation applicable to
 1099  completed development has occurred, an industrial development of
 1100  regional impact located within the coastal high-hazard area of a
 1101  rural area of opportunity county of economic concern which was
 1102  approved before prior to the adoption of the local government’s
 1103  comprehensive plan required under s. 163.3167 and which plan’s
 1104  future land use map and zoning designates the land use for the
 1105  development of regional impact as commercial may be unilaterally
 1106  abandoned without the need to proceed through the process
 1107  described in paragraph (a) if the developer or owner provides a
 1108  notice of abandonment to the local government and records such
 1109  notice with the applicable clerk of court. Abandonment shall be
 1110  deemed to have occurred upon the recording of the notice. All
 1111  development following abandonment shall be fully consistent with
 1112  the current comprehensive plan and applicable zoning.
 1113         Section 22. Paragraph (g) of subsection (3) of section
 1114  380.0651, Florida Statutes, is amended to read:
 1115         380.0651 Statewide guidelines and standards.—
 1116         (3) The following statewide guidelines and standards shall
 1117  be applied in the manner described in s. 380.06(2) to determine
 1118  whether the following developments shall be required to undergo
 1119  development-of-regional-impact review:
 1120         (g) Residential development.—No rule may be adopted
 1121  concerning residential developments which treats a residential
 1122  development in one county as being located in a less populated
 1123  adjacent county unless more than 25 percent of the development
 1124  is located within 2 or less miles of the less populated adjacent
 1125  county. The residential thresholds of adjacent counties with
 1126  less population and a lower threshold may shall not be
 1127  controlling on any development wholly located within areas
 1128  designated as rural areas of opportunity critical economic
 1129  concern.
 1130         Section 23. Paragraph (b) of subsection (2) of section
 1131  985.686, Florida Statutes, is amended to read:
 1132         985.686 Shared county and state responsibility for juvenile
 1133  detention.—
 1134         (2) As used in this section, the term:
 1135         (b) “Fiscally constrained county” means a county within a
 1136  rural area of opportunity critical economic concern as
 1137  designated by the Governor pursuant to s. 288.0656 or each
 1138  county for which the value of a mill will raise no more than $5
 1139  million in revenue, based on the certified school taxable value
 1140  certified pursuant to s. 1011.62(4)(a)1.a., from the previous
 1141  July 1.
 1142         Section 24. Subsection (2) of section 1011.76, Florida
 1143  Statutes, is amended to read:
 1144         1011.76 Small School District Stabilization Program.—
 1145         (2) In order to participate in this program, a school
 1146  district must be located in a rural area of opportunity critical
 1147  economic concern designated by the Executive Office of the
 1148  Governor, and the district school board must submit a resolution
 1149  to the Department of Economic Opportunity requesting
 1150  participation in the program. A rural area of opportunity
 1151  critical economic concern must be a rural community, or a region
 1152  composed of such, which that has been adversely affected by an
 1153  extraordinary economic event or a natural disaster or which that
 1154  presents a unique economic development concern or opportunity of
 1155  regional impact. The resolution must be accompanied by with
 1156  documentation of the economic conditions in the community and,
 1157  provide information indicating the negative impact of these
 1158  conditions on the school district’s financial stability, and the
 1159  school district must participate in a best financial management
 1160  practices review to determine potential efficiencies that could
 1161  be implemented to reduce program costs in the district.
 1162         Section 25. This act shall take effect July 1, 2014.