Florida Senate - 2014                                    SB 1634
       
       
        
       By the Committee on Commerce and Tourism
       
       
       
       
       
       577-02081-14                                          20141634__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Economic
    3         Opportunity; amending s. 163.3202, F.S.; requiring
    4         each county and municipality to adopt and enforce land
    5         development regulations in accordance with the
    6         submitted comprehensive plan; amending s. 288.005,
    7         F.S.; defining terms; creating s. 288.006, F.S.;
    8         providing requirements for loan programs relating to
    9         accountability and proper stewardship of funds;
   10         authorizing the Auditor General to conduct audits for
   11         a specified purpose; authorizing the department to
   12         adopt rules; amending s. 290.0411, F.S.; revising
   13         legislative intent for purposes of the Florida Small
   14         Cities Community Development Block Grant Program;
   15         amending s. 290.044, F.S.; requiring the Department of
   16         Economic Opportunity to adopt rules establishing a
   17         competitive selection process for loan guarantees and
   18         grants awarded under the block grant program; revising
   19         the criteria for the award of grants; amending s.
   20         290.046, F.S.; revising limits on the number of grants
   21         that an applicant may apply for and receive; revising
   22         the requirement that the department conduct a site
   23         visit before awarding a grant; requiring the
   24         department to rank applications according to criteria
   25         established by rule and to distribute funds according
   26         to the rankings; revising scoring factors to consider
   27         in ranking applications; revising requirements for
   28         public hearings; providing that the creation of a
   29         citizen advisory task force is discretionary, rather
   30         than required; deleting a requirement that a local
   31         government obtain consent from the department for an
   32         alternative citizen participation plan; amending s.
   33         290.047, F.S.; revising the maximum amount and
   34         percentage of block grant funds that may be spent on
   35         certain costs and expenses; amending s. 290.0475,
   36         F.S.; conforming provisions to changes made by the
   37         act; amending s. 290.048, F.S.; deleting a provision
   38         authorizing the department to adopt and enforce strict
   39         requirements concerning an applicant’s written
   40         description of a service area; amending s. 331.3051,
   41         F.S.; requiring Space Florida to consult with the
   42         Florida Tourism Industry Marketing Corporation, rather
   43         than with Enterprise Florida, Inc., in developing a
   44         space tourism marketing plan; authorizing Space
   45         Florida to enter into an agreement with the
   46         corporation, rather than with Enterprise Florida,
   47         Inc., for a specified purpose; revising the research
   48         and development duties of Space Florida; repealing s.
   49         443.036(26), relating to the definition of the term
   50         “initial skills review”; amending s. 443.091, F.S.;
   51         deleting the requirement that an unemployed individual
   52         take an initial skill review before he or she is
   53         eligible to receive reemployment assistance benefits;
   54         requiring the department to make available for such
   55         individual a voluntary online assessment that
   56         identifies an individual’s skills, abilities, and
   57         career aptitude; requiring information from such
   58         assessment to be made available to certain groups;
   59         revising the requirement that the department offer
   60         certain training opportunities; amending s. 443.1116,
   61         F.S.; defining the term “employer sponsored training”;
   62         revising the requirements for a short-term
   63         compensation plan to be approved by the department;
   64         revising the treatment of fringe benefits in such
   65         plan; requiring an employer to describe the manner in
   66         which the employer will implement the plan; requiring
   67         the director to approve the plan if it is consistent
   68         with employer obligations under law; prohibiting the
   69         department from denying short-time compensation
   70         benefits to certain individuals; amending s. 443.141,
   71         F.S.; providing an employer payment schedule for
   72         specified years’ contributions to the Unemployment
   73         Compensation Trust Fund; providing applicability;
   74         amending ss. 125.271, 163.3177, 163.3187, 163.3246,
   75         211.3103, 212.098, 218.67, 288.018, 288.065, 288.0655,
   76         288.0656, 288.1088, 288.1089, 290.0055, 339.2819,
   77         339.63, 373.4595, 380.06, 380.0651, 985.686, and
   78         1011.76, F.S.; renaming “rural areas of critical
   79         economic concern” as “rural areas of opportunity”;
   80         amending ss. 215.425 and 443.1216, F.S.; conforming
   81         cross-references to changes made by the act; providing
   82         an effective date.
   83          
   84  Be It Enacted by the Legislature of the State of Florida:
   85  
   86         Section 1. Subsection (1) of section 163.3202, Florida
   87  Statutes, is amended to read:
   88         163.3202 Land development regulations.—
   89         (1) Within 1 year after submission of its comprehensive
   90  plan or revised comprehensive plan for review pursuant to s.
   91  163.3191 s. 163.3167(2), each county and each municipality shall
   92  adopt or amend and enforce land development regulations that are
   93  consistent with and implement their adopted comprehensive plan.
   94         Section 2. Subsections (5) and (6) are added to section
   95  288.005, Florida Statutes, to read:
   96         288.005 Definitions.—As used in this chapter, the term:
   97         (5) “Loan administrator” means a statutorily eligible
   98  recipient of state funds which is authorized by the department
   99  to make loans under a loan program.
  100         (6) “Loan program” means a program established in this
  101  chapter to provide appropriated funds to an eligible entity to
  102  further a specific state purpose for a limited period of time.
  103  The term includes a “loan fund” or “loan pilot program”
  104  administered by the department under this chapter.
  105         Section 3. Section 288.006, Florida Statutes, is created to
  106  read:
  107         288.006 General operation of loan programs.—
  108         (1) The Legislature intends to promote the goals of
  109  accountability and proper stewardship by recipients of loan
  110  program funds. This section applies to all loan programs
  111  established under this chapter.
  112         (2) State funds appropriated for a loan program may be used
  113  only by an eligible recipient or loan administrator, and the use
  114  of such funds is restricted to the specific state purpose of the
  115  loan program, subject to any compensation due to a recipient or
  116  loan administrator as provided under this chapter. State funds
  117  may be awarded directly by the department to an eligible
  118  recipient or awarded by the department to a loan administrator.
  119  All state funds, including any interest earned, remain state
  120  funds unless otherwise stated in the statutory requirements of
  121  the loan program.
  122         (3)(a) Upon termination of a loan program by the
  123  Legislature or by statute, all appropriated funds shall revert
  124  to the General Revenue Fund. The department shall pay the entity
  125  for any allowable administrative expenses due to the loan
  126  administrator as provided under this chapter, unless otherwise
  127  required by law.
  128         (b) Upon termination of a contract between the department
  129  and an eligible recipient or loan administrator, all remaining
  130  appropriated funds shall revert to the fund from which the
  131  appropriation was made. The department shall become the
  132  successor entity for any outstanding loans. Except in the case
  133  of the termination of a contract for fraud or a finding that the
  134  recipient or loan administrator was not meeting the terms of the
  135  program, the department shall pay the entity for any allowable
  136  administrative expenses due to the loan administrator as
  137  provided under this chapter.
  138         (c) The eligible recipient or loan administrator to which
  139  this subsection applies shall execute all appropriate
  140  instruments to reconcile any remaining accounts associated with
  141  a terminated loan program or contract. The entity shall execute
  142  all appropriate instruments to ensure that the department is
  143  authorized to collect all receivables for outstanding loans,
  144  including, but not limited to, assignments of promissory notes
  145  and mortgages.
  146         (4) An eligible recipient or loan administrator must avoid
  147  any potential conflict of interest regarding the use of
  148  appropriated funds for a loan program. An eligible recipient or
  149  loan administrator or a board member, employee, or agent thereof
  150  may not have a financial interest in an entity that is awarded a
  151  loan under a loan program. A loan may not be made to a person or
  152  entity if a conflict of interest exists between the parties
  153  involved unless the eligible recipient or loan administrator
  154  provides the department with full disclosure of the conflict of
  155  interest.
  156         (5) In determining eligibility for an entity applying for
  157  the award of funds directly by the department or applying for
  158  selection as a loan administrator for a loan program, the
  159  department shall evaluate each applicant’s business practices,
  160  financial stability, and past performance in other state
  161  programs, in addition to the loan program’s statutory
  162  requirements. Eligibility of an entity applying to be a
  163  recipient or loan administrator may be conditionally granted or
  164  denied outright if the department determines that the entity is
  165  noncompliant with any law, rule, or program requirement.
  166         (6) Recurring use of state funds, including revolving loans
  167  or new negotiable instruments, which have been repaid to the
  168  loan administrator may be made if the loan program’s statutory
  169  structure permits. However, any use of state funds made by a
  170  loan administrator remains subject to subsections (2) and (3),
  171  and compensation to a loan administrator may not exceed any
  172  limitation provided by this chapter.
  173         (7) The Auditor General may conduct audits as provided in
  174  s. 11.45 to verify that the appropriations under each loan
  175  program are expended by the eligible recipient or loan
  176  administrator as required for each program. If the Auditor
  177  General determines that the appropriations are not expended as
  178  required, the Auditor General shall notify the department, which
  179  may pursue recovery of the funds.
  180         (8) The department may adopt rules under ss. 120.536(1) and
  181  120.54 as necessary to carry out this section.
  182         Section 4. Section 290.0411, Florida Statutes, is amended
  183  to read:
  184         290.0411 Legislative intent and purpose of ss. 290.0401
  185  290.048.—It is the intent of the Legislature to provide the
  186  necessary means to develop, preserve, redevelop, and revitalize
  187  Florida communities exhibiting signs of decline, or distress, or
  188  economic need by enabling local governments to undertake the
  189  necessary community and economic development programs. The
  190  overall objective is to create viable communities by eliminating
  191  slum and blight, fortifying communities in urgent need,
  192  providing decent housing and suitable living environments, and
  193  expanding economic opportunities, principally for persons of low
  194  or moderate income. The purpose of ss. 290.0401-290.048 is to
  195  assist local governments in carrying out effective community and
  196  economic development and project planning and design activities
  197  to arrest and reverse community decline and restore community
  198  vitality. Community and economic development and project
  199  planning activities to maintain viable communities, revitalize
  200  existing communities, expand economic development and employment
  201  opportunities, and improve housing conditions and expand housing
  202  opportunities, providing direct benefit to persons of low or
  203  moderate income, are the primary purposes of ss. 290.0401
  204  290.048. The Legislature, therefore, declares that the
  205  development, redevelopment, preservation, and revitalization of
  206  communities in this state and all the purposes of ss. 290.0401
  207  290.048 are public purposes for which public money may be
  208  borrowed, expended, loaned, pledged to guarantee loans, and
  209  granted.
  210         Section 5. Section 290.044, Florida Statutes, is amended to
  211  read:
  212         290.044 Florida Small Cities Community Development Block
  213  Grant Program Fund; administration; distribution.—
  214         (1) The Florida Small Cities Community Development Block
  215  Grant Program Fund is created. All revenue designated for
  216  deposit in such fund shall be deposited by the appropriate
  217  agency. The department shall administer this fund as a grant and
  218  loan guarantee program for carrying out the purposes of ss.
  219  290.0401-290.048.
  220         (2) The department shall distribute such funds as loan
  221  guarantees and grants to eligible local governments on the basis
  222  of a competitive selection process established by rule.
  223         (3) The department shall require applicants for grants to
  224  compete against each other in the following grant program
  225  categories:
  226         (a) Housing rehabilitation.
  227         (b) Economic development.
  228         (c) Neighborhood revitalization.
  229         (d) Commercial revitalization.
  230         (4)(3) The department shall define the broad community
  231  development objectives objective to be achieved by the
  232  activities in each of the following grant program categories
  233  with the use of funds from the Florida Small Cities Community
  234  Development Block Grant Program Fund. Such objectives shall be
  235  designed to meet at least one of the national objectives
  236  provided in the Housing and Community Development Act of 1974,
  237  and require applicants for grants to compete against each other
  238  in these grant program categories:
  239         (a) Housing.
  240         (b) Economic development.
  241         (c) Neighborhood revitalization.
  242         (d) Commercial revitalization.
  243         (e) Project planning and design.
  244         (5)(4) The department may set aside an amount of up to 5
  245  percent of the funds annually for use in any eligible local
  246  government jurisdiction for which an emergency or natural
  247  disaster has been declared by executive order. Such funds may
  248  only be provided to a local government to fund eligible
  249  emergency-related activities for which no other source of
  250  federal, state, or local disaster funds is available. The
  251  department may provide for such set-aside by rule. In the last
  252  quarter of the state fiscal year, any funds not allocated under
  253  the emergency-related set-aside shall be distributed to unfunded
  254  applications from the most recent funding cycle.
  255         (6)(5) The department shall establish a system of
  256  monitoring grants, including site visits, to ensure the proper
  257  expenditure of funds and compliance with the conditions of the
  258  recipient’s contract. The department shall establish criteria
  259  for implementation of internal control, to include, but not be
  260  limited to, the following measures:
  261         (a) Ensuring that subrecipient audits performed by a
  262  certified public accountant are received and responded to in a
  263  timely manner.
  264         (b) Establishing a uniform system of monitoring that
  265  documents appropriate followup as needed.
  266         (c) Providing specific justification for contract
  267  amendments that takes into account any change in contracted
  268  activities and the resultant cost adjustments which shall be
  269  reflected in the amount of the grant.
  270         Section 6. Section 290.046, Florida Statutes, is amended to
  271  read:
  272         290.046 Applications for grants; procedures; requirements.—
  273         (1) In applying for a grant under a specific program
  274  category, an applicant shall propose eligible activities that
  275  directly address the objectives objective of that program
  276  category.
  277         (2)(a) Except for applications for economic development
  278  grants as provided in subparagraph (b)1. paragraph (c), an each
  279  eligible local government may submit one an application for a
  280  grant under either the housing program category or the
  281  neighborhood revitalization program category during each
  282  application annual funding cycle. An applicant may not receive
  283  more than one grant in any state fiscal year from any of the
  284  following categories: housing, neighborhood revitalization, or
  285  commercial revitalization.
  286         (b)1. An Except as provided in paragraph (c), each eligible
  287  local government may apply up to three times in any one annual
  288  funding cycle for an economic development a grant under the
  289  economic development program category but may not shall receive
  290  no more than one such grant per annual funding cycle. A local
  291  government may have more than one open economic development
  292  grant Applications for grants under the economic development
  293  program category may be submitted at any time during the annual
  294  funding cycle, and such grants shall be awarded no less
  295  frequently than three times per funding cycle.
  296         2. The department shall establish minimum criteria
  297  pertaining to the number of jobs created for persons of low or
  298  moderate income, the degree of private sector financial
  299  commitment, and the economic feasibility of the proposed project
  300  and shall establish any other criteria the department deems
  301  appropriate. Assistance to a private, for-profit business may
  302  not be provided from a grant award unless sufficient evidence
  303  exists to demonstrate that without such public assistance the
  304  creation or retention of such jobs would not occur.
  305         (c)1. A local government governments with an open housing
  306  rehabilitation, neighborhood revitalization, or commercial
  307  revitalization contract is shall not be eligible to apply for
  308  another housing rehabilitation, neighborhood revitalization, or
  309  commercial revitalization grant until administrative closeout of
  310  its their existing contract. The department shall notify a local
  311  government of administrative closeout or of any outstanding
  312  closeout issues within 45 days after of receipt of a closeout
  313  package from the local government. A local government
  314  governments with an open housing rehabilitation, neighborhood
  315  revitalization, or commercial revitalization community
  316  development block grant contract whose activities are on
  317  schedule in accordance with the expenditure rates and
  318  accomplishments described in the contract may apply for an
  319  economic development grant.
  320         2. A local government governments with an open economic
  321  development community development block grant contract whose
  322  activities are on schedule in accordance with the expenditure
  323  rates and accomplishments described in the contract may apply
  324  for a housing rehabilitation, or neighborhood revitalization, or
  325  and a commercial revitalization community development block
  326  grant. A local government governments with an open economic
  327  development contract whose activities are on schedule in
  328  accordance with the expenditure rates and accomplishments
  329  described in the contract may receive no more than one
  330  additional economic development grant in each fiscal year.
  331         (d) Beginning October 1, 1988, The department may not shall
  332  award a no grant until it the department has conducted
  333  determined, based upon a site visit to verify the information
  334  contained in the local government’s application, that the
  335  proposed area matches and adheres to the written description
  336  contained within the applicant’s request. If, based upon review
  337  of the application or a site visit, the department determines
  338  that any information provided in the application which affects
  339  eligibility or scoring has been misrepresented, the applicant’s
  340  request shall be rejected by the department pursuant to s.
  341  290.0475(7). Mathematical errors in applications which may be
  342  discovered and corrected by readily computing available numbers
  343  or formulas provided in the application shall not be a basis for
  344  such rejection.
  345         (3)(a) The department shall rank each application received
  346  during the application cycle according to criteria established
  347  by rule. The ranking system shall include a procedure to
  348  eliminate or reduce any population-related bias that places
  349  exceptionally small communities at a disadvantage in the
  350  competition for funds Each application shall be ranked
  351  competitively based on community need and program impact.
  352  Community need shall be weighted 25 percent. Program impact
  353  shall be weighted 65 percent. Outstanding performance in equal
  354  opportunity employment and housing shall be weighted 10 percent.
  355         (b) Funds shall be distributed according to the rankings
  356  established in each application cycle. If economic development
  357  funds remain available after the application cycle closes, the
  358  remaining funds shall be awarded to eligible projects on a
  359  first-come, first-served basis until such funds are fully
  360  obligated The criteria used to measure community need shall
  361  include, at a minimum, indicators of the extent of poverty in
  362  the community and the condition of physical structures. Each
  363  application, regardless of the program category for which it is
  364  being submitted, shall be scored competitively on the same
  365  community need criteria. In recognition of the benefits
  366  resulting from the receipt of grant funds, the department shall
  367  provide for the reduction of community need scores for specified
  368  increments of grant funds provided to a local government since
  369  the state began using the most recent census data. In the year
  370  in which new census data are first used, no such reduction shall
  371  occur.
  372         (c) The application’s program impact score, equal
  373  employment opportunity and fair housing score, and communitywide
  374  needs score may take into consideration scoring factors,
  375  including, but not limited to, unemployment, poverty levels,
  376  low-income and moderate-income populations, benefits to low
  377  income and moderate-income residents, use of minority-owned and
  378  woman-owned business enterprises in previous grants, health and
  379  safety issues, and the condition of physical structures The
  380  criteria used to measure the impact of an applicant’s proposed
  381  activities shall include, at a minimum, indicators of the direct
  382  benefit received by persons of low income and persons of
  383  moderate income, the extent to which the problem identified is
  384  addressed by the proposed activities, and the extent to which
  385  resources other than the funds being applied for under this
  386  program are being used to carry out the proposed activities.
  387         (d) Applications shall be scored competitively on program
  388  impact criteria that are uniquely tailored to the community
  389  development objective established in each program category. The
  390  criteria used to measure the direct benefit to persons of low
  391  income and persons of moderate income shall represent no less
  392  than 42 percent of the points assigned to the program impact
  393  factor. For the housing and neighborhood revitalization
  394  categories, the department shall also include the following
  395  criteria in the scoring of applications:
  396         1. The proportion of very-low-income and low-income
  397  households served.
  398         2. The degree to which improvements are related to the
  399  health and safety of the households served.
  400         (4) An applicant for a neighborhood revitalization or
  401  commercial revitalization grant shall demonstrate that its
  402  activities are to be carried out in distinct service areas which
  403  are characterized by the existence of slums or blighted
  404  conditions, or by the concentration of persons of low or
  405  moderate income.
  406         (4)(5) In order to provide citizens with information
  407  concerning an applicant’s proposed project, the applicant shall
  408  make available to the public information concerning the amounts
  409  of funds available for various activities and the range of
  410  activities that may be undertaken. In addition, the applicant
  411  shall hold a minimum of two public hearings in the local
  412  jurisdiction within which the project is to be implemented to
  413  obtain the views of citizens before submitting the final
  414  application to the department. The applicant shall conduct the
  415  initial hearing to solicit public input concerning community
  416  needs, inform the public about funding opportunities available
  417  to address community needs, and discuss activities that may be
  418  undertaken. Before a second public hearing is held, the
  419  applicant must publish a summary of the proposed application
  420  that provides citizens with an opportunity to examine the
  421  contents of the application and to submit comments. The
  422  applicant shall conduct a second hearing to obtain comments from
  423  citizens concerning the proposed application and to modify the
  424  proposed application if appropriate program before an
  425  application is submitted to the department, the applicant shall:
  426         (a) Make available to the public information concerning the
  427  amounts of funds available for various activities and the range
  428  of activities that may be undertaken.
  429         (b) Hold at least one public hearing to obtain the views of
  430  citizens on community development needs.
  431         (c) Develop and publish a summary of the proposed
  432  application that will provide citizens with an opportunity to
  433  examine its contents and submit their comments.
  434         (d) Consider any comments and views expressed by citizens
  435  on the proposed application and, if appropriate, modify the
  436  proposed application.
  437         (e) Hold at least one public hearing in the jurisdiction
  438  within which the project is to be implemented to obtain the
  439  views of citizens on the final application prior to its
  440  submission to the department.
  441         (5)(6) The local government may shall establish a citizen
  442  advisory task force composed of citizens in the jurisdiction in
  443  which the proposed project is to be implemented to provide input
  444  relative to all phases of the project process. The local
  445  government must obtain consent from the department for any other
  446  type of citizen participation plan upon a showing that such plan
  447  is better suited to secure citizen participation for that
  448  locality.
  449         (6)(7) The department shall, before prior to approving an
  450  application for a grant, determine that the applicant has the
  451  administrative capacity to carry out the proposed activities and
  452  has performed satisfactorily in carrying out past activities
  453  funded by community development block grants. The evaluation of
  454  past performance shall take into account procedural aspects of
  455  previous grants as well as substantive results. If the
  456  department determines that any applicant has failed to
  457  accomplish substantially the results it proposed in its last
  458  previously funded application, it may prohibit the applicant
  459  from receiving a grant or may penalize the applicant in the
  460  rating of the current application. An No application for grant
  461  funds may not be denied solely upon the basis of the past
  462  performance of the eligible applicant.
  463         Section 7. Subsections (3) and (6) of section 290.047,
  464  Florida Statutes, are amended to read:
  465         290.047 Establishment of grant ceilings and maximum
  466  administrative cost percentages; elimination of population bias;
  467  loans in default.—
  468         (3) The maximum percentage of block grant funds that can be
  469  spent on administrative costs by an eligible local government
  470  shall be 15 percent for the housing rehabilitation program
  471  category, 8 percent for both the neighborhood and the commercial
  472  revitalization program categories, and 8 percent for the
  473  economic development program category. The maximum amount of
  474  block grant funds that may be spent on administrative costs by
  475  an eligible local government for the economic development
  476  program category is $120,000. The purpose of the ceiling is to
  477  maximize the amount of block grant funds actually going toward
  478  the redevelopment of the area. The department will continue to
  479  encourage eligible local governments to consider ways to limit
  480  the amount of block grant funds used for administrative costs,
  481  consistent with the need for prudent management and
  482  accountability in the use of public funds. However, this
  483  subsection does shall not be construed, however, to prohibit
  484  eligible local governments from contributing their own funds or
  485  making in-kind contributions to cover administrative costs which
  486  exceed the prescribed ceilings, provided that all such
  487  contributions come from local government resources other than
  488  Community Development Block Grant funds.
  489         (6) The maximum amount percentage of block grant funds that
  490  may be spent on engineering and architectural costs by an
  491  eligible local government shall be determined in accordance with
  492  a method schedule adopted by the department by rule. Any such
  493  method schedule so adopted shall be consistent with the schedule
  494  used by the United States Farmer’s Home Administration as
  495  applied to projects in Florida or another comparable schedule as
  496  amended.
  497         Section 8. Section 290.0475, Florida Statutes, is amended
  498  to read:
  499         290.0475 Rejection of grant applications; penalties for
  500  failure to meet application conditions.—Applications are
  501  ineligible received for funding if under all program categories
  502  shall be rejected without scoring only in the event that any of
  503  the following circumstances arise:
  504         (1) The application is not received by the department by
  505  the application deadline;.
  506         (2) The proposed project does not meet one of the three
  507  national objectives as contained in federal and state
  508  legislation;.
  509         (3) The proposed project is not an eligible activity as
  510  contained in the federal legislation;.
  511         (4) The application is not consistent with the local
  512  government’s comprehensive plan adopted pursuant to s.
  513  163.3184;.
  514         (5) The applicant has an open community development block
  515  grant, except as provided in s. 290.046(2)(b) and (c) and
  516  department rules; 290.046(2)(c).
  517         (6) The local government is not in compliance with the
  518  citizen participation requirements prescribed in ss. 104(a)(1)
  519  and (2) and 106(d)(5)(c) of Title I of the Housing and Community
  520  Development Act of 1984, s. 290.046(4), and department rules;
  521  or.
  522         (7) Any information provided in the application that
  523  affects eligibility or scoring is found to have been
  524  misrepresented, and the information is not a mathematical error
  525  which may be discovered and corrected by readily computing
  526  available numbers or formulas provided in the application.
  527         Section 9. Subsection (5) of section 290.048, Florida
  528  Statutes, is amended to read:
  529         290.048 General powers of department under ss. 290.0401
  530  290.048.—The department has all the powers necessary or
  531  appropriate to carry out the purposes and provisions of the
  532  program, including the power to:
  533         (5) Adopt and enforce strict requirements concerning an
  534  applicant’s written description of a service area. Each such
  535  description shall contain maps which illustrate the location of
  536  the proposed service area. All such maps must be clearly legible
  537  and must:
  538         (a) Contain a scale which is clearly marked on the map.
  539         (b) Show the boundaries of the locality.
  540         (c) Show the boundaries of the service area where the
  541  activities will be concentrated.
  542         (d) Display the location of all proposed area activities.
  543         (e) Include the names of streets, route numbers, or easily
  544  identifiable landmarks where all service activities are located.
  545         Section 10. Subsection (5) and paragraph (b) of subsection
  546  (8) of section 331.3051, Florida Statutes, are amended to read:
  547         331.3051 Duties of Space Florida.—Space Florida shall:
  548         (5) Consult with the Florida Tourism Industry Marketing
  549  Corporation Enterprise Florida, Inc., in developing a space
  550  tourism marketing plan. Space Florida and the Florida Tourism
  551  Industry Marketing Corporation Enterprise Florida, Inc., may
  552  enter into a mutually beneficial agreement that provides funding
  553  to the corporation Enterprise Florida, Inc., for its services to
  554  implement this subsection.
  555         (8) Carry out its responsibility for research and
  556  development by:
  557         (b) Working in collaboration with one or more public or
  558  private universities and other public or private entities to
  559  develop a proposal for a Center of Excellence for Aerospace that
  560  will foster and promote the research necessary to develop
  561  commercially promising, advanced, and innovative science and
  562  technology and will transfer those discoveries to the commercial
  563  sector.
  564         Section 11. Subsection (26) of section 443.036, Florida
  565  Statutes, is repealed.
  566         Section 12. Paragraph (c) of subsection (1) of section
  567  443.091, Florida Statutes, is amended to read:
  568         443.091 Benefit eligibility conditions.—
  569         (1) An unemployed individual is eligible to receive
  570  benefits for any week only if the Department of Economic
  571  Opportunity finds that:
  572         (c) To make continued claims for benefits, she or he is
  573  reporting to the department in accordance with this paragraph
  574  and department rules, and participating in an initial skills
  575  review, as directed by the department. Department rules may not
  576  conflict with s. 443.111(1)(b), which requires that each
  577  claimant continue to report regardless of any pending appeal
  578  relating to her or his eligibility or disqualification for
  579  benefits.
  580         1. For each week of unemployment claimed, each report must,
  581  at a minimum, include the name, address, and telephone number of
  582  each prospective employer contacted, or the date the claimant
  583  reported to a one-stop career center, pursuant to paragraph (d).
  584         2. The department must offer an online assessment that
  585  serves to identify an individual’s skills, abilities, and career
  586  aptitude. The skills assessment must be voluntary, and the
  587  department must allow a claimant to choose whether to take the
  588  skills assessment. The online assessment shall be made available
  589  to any person seeking services from a regional workforce board
  590  or a one-stop career center The administrator or operator of the
  591  initial skills review shall notify the department when the
  592  individual completes the initial skills review and report the
  593  results of the review to the regional workforce board or the
  594  one-stop career center as directed by the workforce board. The
  595  department shall prescribe a numeric score on the initial skills
  596  review that demonstrates a minimal proficiency in workforce
  597  skills.
  598         a. If the claimant chooses to take the online assessment,
  599  the outcome of the assessment must be made available to the
  600  claimant, regional workforce board, and one-stop career center.
  601  The department, workforce board, or one-stop career center shall
  602  use the assessment initial skills review to develop a plan for
  603  referring individuals to training and employment opportunities.
  604  Aggregate data on assessment outcomes may be made available to
  605  Workforce Florida, Inc., and Enterprise Florida, Inc., for use
  606  in the development of policies related to education and training
  607  programs that will ensure that businesses in this state have
  608  access to a skilled and competent workforce The failure of the
  609  individual to comply with this requirement will result in the
  610  individual being determined ineligible for benefits for the week
  611  in which the noncompliance occurred and for any subsequent week
  612  of unemployment until the requirement is satisfied. However,
  613  this requirement does not apply if the individual is exempt from
  614  the work registration requirement as set forth in paragraph (b).
  615         b.3.Individuals Any individual who falls below the minimal
  616  proficiency score prescribed by the department in subparagraph
  617  2. on the initial skills review shall be informed of and offered
  618  services through the one-stop delivery system, including career
  619  counseling, provision of skill match and job market information,
  620  and skills upgrade and other training opportunities, and shall
  621  be encouraged to participate in such services training at no
  622  cost to the individuals individual in order to improve his or
  623  her workforce skills to the minimal proficiency level.
  624         4. The department shall coordinate with Workforce Florida,
  625  Inc., the workforce boards, and the one-stop career centers to
  626  identify, develop, and use utilize best practices for improving
  627  the skills of individuals who choose to participate in skills
  628  upgrade and other training opportunities. The department may
  629  contract with an entity to create the online assessment in
  630  accordance with the competitive bidding requirements in s.
  631  287.057. The online assessment must work seamlessly with the
  632  Reemployment Assistance Claims and Benefits Information System
  633  and who have a minimal proficiency score below the score
  634  prescribed in subparagraph 2.
  635         5. The department, in coordination with Workforce Florida,
  636  Inc., the workforce boards, and the one-stop career centers,
  637  shall evaluate the use, effectiveness, and costs associated with
  638  the training prescribed in subparagraph 3. and report its
  639  findings and recommendations for training and the use of best
  640  practices to the Governor, the President of the Senate, and the
  641  Speaker of the House of Representatives by January 1, 2013.
  642         Section 13. Subsections (1), (2), and (5) of section
  643  443.1116, Florida Statutes, are amended to read:
  644         443.1116 Short-time compensation.—
  645         (1) DEFINITIONS.—As used in this section, the term:
  646         (a) “Affected unit” means a specified plant, department,
  647  shift, or other definable unit of two or more employees
  648  designated by the employer to participate in a short-time
  649  compensation plan.
  650         (b) “Employer-sponsored training” means a training
  651  component sponsored by an employer to improve the skills of the
  652  employer’s workers.
  653         (c)(b) “Normal weekly hours of work” means the number of
  654  hours in a week that an individual would regularly work for the
  655  short-time compensation employer, not to exceed 40 hours,
  656  excluding overtime.
  657         (d)(c) “Short-time compensation benefits” means benefits
  658  payable to individuals in an affected unit under an approved
  659  short-time compensation plan.
  660         (e)(d) “Short-time compensation employer” means an employer
  661  with a short-time compensation plan in effect.
  662         (f)(e) “Short-time compensation plan” or “plan” means an
  663  employer’s written plan for reducing unemployment under which an
  664  affected unit shares the work remaining after its normal weekly
  665  hours of work are reduced.
  666         (2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.—An employer
  667  wishing to participate in the short-time compensation program
  668  must submit a signed, written, short-time plan to the Department
  669  of Economic Opportunity for approval. The director or his or her
  670  designee shall approve the plan if:
  671         (a) The plan applies to and identifies each specific
  672  affected unit;
  673         (b) The individuals in the affected unit are identified by
  674  name and social security number;
  675         (c) The normal weekly hours of work for individuals in the
  676  affected unit are reduced by at least 10 percent and by not more
  677  than 40 percent;
  678         (d) The plan includes a certified statement by the employer
  679  that the aggregate reduction in work hours is in lieu of
  680  temporary layoffs that would affect at least 10 percent of the
  681  employees in the affected unit and that would have resulted in
  682  an equivalent reduction in work hours;
  683         (e) The plan applies to at least 10 percent of the
  684  employees in the affected unit;
  685         (f) The plan is approved in writing by the collective
  686  bargaining agent for each collective bargaining agreement
  687  covering any individual in the affected unit;
  688         (g) The plan does not serve as a subsidy to seasonal
  689  employers during the off-season or as a subsidy to employers who
  690  traditionally use part-time employees; and
  691         (h) The plan certifies that, if the employer provides
  692  fringe benefits to any employee whose workweek is reduced under
  693  the program, the fringe benefits will continue to be provided to
  694  the employee participating in the short-time compensation
  695  program under the same terms and conditions as though the
  696  workweek of such employee had not been reduced or to the same
  697  extent as other employees not participating in the short-time
  698  compensation program the manner in which the employer will treat
  699  fringe benefits of the individuals in the affected unit if the
  700  hours of the individuals are reduced to less than their normal
  701  weekly hours of work. As used in this paragraph, the term
  702  “fringe benefits” includes, but is not limited to, health
  703  insurance, retirement benefits under defined benefit pension
  704  plans as defined in subsection 35 of s. 1002 of the Employee
  705  Retirement Income Security Act of 1974, 29 U.S.C., contributions
  706  under a defined contribution plan as defined in s. 414(i) of the
  707  Internal Revenue Code, paid vacation and holidays, and sick
  708  leave;.
  709         (i) The plan describes the manner in which the requirements
  710  of this subsection will be implemented, including a plan for
  711  giving notice, if feasible, to an employee whose workweek is to
  712  be reduced, together with an estimate of the number of layoffs
  713  that would have occurred absent the ability to participate in
  714  short-time compensation; and
  715         (j) The terms of the employer’s written plan and
  716  implementation are consistent with employer obligations under
  717  applicable federal laws and laws of this state.
  718         (5) ELIGIBILITY REQUIREMENTS FOR SHORT-TIME COMPENSATION
  719  BENEFITS.—
  720         (a) Except as provided in this subsection, an individual is
  721  eligible to receive short-time compensation benefits for any
  722  week only if she or he complies with this chapter and the
  723  Department of Economic Opportunity finds that:
  724         1. The individual is employed as a member of an affected
  725  unit in an approved plan that was approved before the week and
  726  is in effect for the week;
  727         2. The individual is able to work and is available for
  728  additional hours of work or for full-time work with the short
  729  time employer; and
  730         3. The normal weekly hours of work of the individual are
  731  reduced by at least 10 percent but not by more than 40 percent,
  732  with a corresponding reduction in wages.
  733         (b) The department may not deny short-time compensation
  734  benefits to an individual who is otherwise eligible for these
  735  benefits for any week by reason of the application of any
  736  provision of this chapter relating to availability for work,
  737  active search for work, or refusal to apply for or accept work
  738  from other than the short-time compensation employer of that
  739  individual.
  740         (c) The department may not deny short-time compensation
  741  benefits to an individual who is otherwise eligible for these
  742  benefits for any week because such individual is participating
  743  in an employer-sponsored training or a training under the
  744  Workforce Investment Act to improve job skills when the training
  745  is approved by the department.
  746         (d)(c) Notwithstanding any other provision of this chapter,
  747  an individual is deemed unemployed in any week for which
  748  compensation is payable to her or him, as an employee in an
  749  affected unit, for less than her or his normal weekly hours of
  750  work in accordance with an approved short-time compensation plan
  751  in effect for the week.
  752         Section 14. Paragraph (f) of subsection (1) of section
  753  443.141, Florida Statutes, is amended to read:
  754         443.141 Collection of contributions and reimbursements.—
  755         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
  756  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
  757         (f) Payments for 2012, 2013, and 2014 contributions.—For an
  758  annual administrative fee not to exceed $5, a contributing
  759  employer may pay its quarterly contributions due for wages paid
  760  in the first three quarters of each year of 2012, 2013, and 2014
  761  in equal installments if those contributions are paid as
  762  follows:
  763         1. For contributions due for wages paid in the first
  764  quarter of each year, one-fourth of the contributions due must
  765  be paid on or before April 30, one-fourth must be paid on or
  766  before July 31, one-fourth must be paid on or before October 31,
  767  and one-fourth must be paid on or before December 31.
  768         2. In addition to the payments specified in subparagraph
  769  1., for contributions due for wages paid in the second quarter
  770  of each year, one-third of the contributions due must be paid on
  771  or before July 31, one-third must be paid on or before October
  772  31, and one-third must be paid on or before December 31.
  773         3. In addition to the payments specified in subparagraphs
  774  1. and 2., for contributions due for wages paid in the third
  775  quarter of each year, one-half of the contributions due must be
  776  paid on or before October 31, and one-half must be paid on or
  777  before December 31.
  778         4. The annual administrative fee assessed for electing to
  779  pay under the installment method shall be collected at the time
  780  the employer makes the first installment payment each year. The
  781  fee shall be segregated from the payment and deposited into the
  782  Operating Trust Fund of the Department of Revenue.
  783         5. Interest does not accrue on any contribution that
  784  becomes due for wages paid in the first three quarters of each
  785  year if the employer pays the contribution in accordance with
  786  subparagraphs 1.-4. Interest and fees continue to accrue on
  787  prior delinquent contributions and commence accruing on all
  788  contributions due for wages paid in the first three quarters of
  789  each year which are not paid in accordance with subparagraphs
  790  1.-3. Penalties may be assessed in accordance with this chapter.
  791  The contributions due for wages paid in the fourth quarter of
  792  2012, 2013, and 2014 are not affected by this paragraph and are
  793  due and payable in accordance with this chapter.
  794         Section 15. Paragraph (a) of subsection (1) of section
  795  125.271, Florida Statutes, is amended to read:
  796         125.271 Emergency medical services; county emergency
  797  medical service assessments.—
  798         (1) As used in this section, the term “county” means:
  799         (a) A county that is within a rural area of opportunity
  800  critical economic concern as designated by the Governor pursuant
  801  to s. 288.0656;
  802  
  803  Once a county has qualified under this subsection, it always
  804  retains the qualification.
  805         Section 16. Paragraphs (a), (b), and (e) of subsection (7)
  806  of section 163.3177, Florida Statutes, are amended to read:
  807         163.3177 Required and optional elements of comprehensive
  808  plan; studies and surveys.—
  809         (7)(a) The Legislature finds that:
  810         1. There are a number of rural agricultural industrial
  811  centers in the state that process, produce, or aid in the
  812  production or distribution of a variety of agriculturally based
  813  products, including, but not limited to, fruits, vegetables,
  814  timber, and other crops, and juices, paper, and building
  815  materials. Rural agricultural industrial centers have a
  816  significant amount of existing associated infrastructure that is
  817  used for processing, producing, or distributing agricultural
  818  products.
  819         2. Such rural agricultural industrial centers are often
  820  located within or near communities in which the economy is
  821  largely dependent upon agriculture and agriculturally based
  822  products. The centers significantly enhance the economy of such
  823  communities. However, these agriculturally based communities are
  824  often socioeconomically challenged and designated as rural areas
  825  of opportunity critical economic concern. If such rural
  826  agricultural industrial centers are lost and not replaced with
  827  other job-creating enterprises, the agriculturally based
  828  communities will lose a substantial amount of their economies.
  829         3. The state has a compelling interest in preserving the
  830  viability of agriculture and protecting rural agricultural
  831  communities and the state from the economic upheaval that would
  832  result from short-term or long-term adverse changes in the
  833  agricultural economy. To protect these communities and promote
  834  viable agriculture for the long term, it is essential to
  835  encourage and permit diversification of existing rural
  836  agricultural industrial centers by providing for jobs that are
  837  not solely dependent upon, but are compatible with and
  838  complement, existing agricultural industrial operations and to
  839  encourage the creation and expansion of industries that use
  840  agricultural products in innovative ways. However, the expansion
  841  and diversification of these existing centers must be
  842  accomplished in a manner that does not promote urban sprawl into
  843  surrounding agricultural and rural areas.
  844         (b) As used in this subsection, the term “rural
  845  agricultural industrial center” means a developed parcel of land
  846  in an unincorporated area on which there exists an operating
  847  agricultural industrial facility or facilities that employ at
  848  least 200 full-time employees in the aggregate and process and
  849  prepare for transport a farm product, as defined in s. 163.3162,
  850  or any biomass material that could be used, directly or
  851  indirectly, for the production of fuel, renewable energy,
  852  bioenergy, or alternative fuel as defined by law. The center may
  853  also include land contiguous to the facility site which is not
  854  used for the cultivation of crops, but on which other existing
  855  activities essential to the operation of such facility or
  856  facilities are located or conducted. The parcel of land must be
  857  located within, or within 10 miles of, a rural area of
  858  opportunity critical economic concern.
  859         (e) Nothing in This subsection does not shall be construed
  860  to confer the status of rural area of opportunity critical
  861  economic concern, or any of the rights or benefits derived from
  862  such status, on any land area not otherwise designated as such
  863  pursuant to s. 288.0656(7).
  864         Section 17. Subsection (3) of section 163.3187, Florida
  865  Statutes, is amended to read:
  866         163.3187 Process for adoption of small-scale comprehensive
  867  plan amendment.—
  868         (3) If the small scale development amendment involves a
  869  site within a rural area of opportunity critical economic
  870  concern as defined under s. 288.0656(2)(d) for the duration of
  871  such designation, the 10-acre limit listed in subsection (1)
  872  shall be increased by 100 percent to 20 acres. The local
  873  government approving the small scale plan amendment shall
  874  certify to the Office of Tourism, Trade, and Economic
  875  Development that the plan amendment furthers the economic
  876  objectives set forth in the executive order issued under s.
  877  288.0656(7), and the property subject to the plan amendment
  878  shall undergo public review to ensure that all concurrency
  879  requirements and federal, state, and local environmental permit
  880  requirements are met.
  881         Section 18. Subsection (10) of section 163.3246, Florida
  882  Statutes, is amended to read:
  883         163.3246 Local government comprehensive planning
  884  certification program.—
  885         (10) Notwithstanding subsections (2), (4), (5), (6), and
  886  (7), any municipality designated as a rural area of opportunity
  887  critical economic concern pursuant to s. 288.0656 which is
  888  located within a county eligible to levy the Small County Surtax
  889  under s. 212.055(3) shall be considered certified during the
  890  effectiveness of the designation of rural area of opportunity
  891  critical economic concern. The state land planning agency shall
  892  provide a written notice of certification to the local
  893  government of the certified area, which shall be considered
  894  final agency action subject to challenge under s. 120.569. The
  895  notice of certification shall include the following components:
  896         (a) The boundary of the certification area.
  897         (b) A requirement that the local government submit either
  898  an annual or biennial monitoring report to the state land
  899  planning agency according to the schedule provided in the
  900  written notice. The monitoring report shall, at a minimum,
  901  include the number of amendments to the comprehensive plan
  902  adopted by the local government, the number of plan amendments
  903  challenged by an affected person, and the disposition of those
  904  challenges.
  905         Section 19. Paragraph (a) of subsection (6) of section
  906  211.3103, Florida Statutes, is amended to read:
  907         211.3103 Levy of tax on severance of phosphate rock; rate,
  908  basis, and distribution of tax.—
  909         (6)(a) Beginning July 1 of the 2011-2012 fiscal year, the
  910  proceeds of all taxes, interest, and penalties imposed under
  911  this section are exempt from the general revenue service charge
  912  provided in s. 215.20, and such proceeds shall be paid into the
  913  State Treasury as follows:
  914         1. To the credit of the Conservation and Recreation Lands
  915  Trust Fund, 25.5 percent.
  916         2. To the credit of the General Revenue Fund of the state,
  917  35.7 percent.
  918         3. For payment to counties in proportion to the number of
  919  tons of phosphate rock produced from a phosphate rock matrix
  920  located within such political boundary, 12.8 percent. The
  921  department shall distribute this portion of the proceeds
  922  annually based on production information reported by the
  923  producers on the annual returns for the taxable year. Any such
  924  proceeds received by a county shall be used only for phosphate
  925  related expenses.
  926         4. For payment to counties that have been designated as a
  927  rural area of opportunity critical economic concern pursuant to
  928  s. 288.0656 in proportion to the number of tons of phosphate
  929  rock produced from a phosphate rock matrix located within such
  930  political boundary, 10.0 percent. The department shall
  931  distribute this portion of the proceeds annually based on
  932  production information reported by the producers on the annual
  933  returns for the taxable year. Payments under this subparagraph
  934  shall be made to the counties unless the Legislature by special
  935  act creates a local authority to promote and direct the economic
  936  development of the county. If such authority exists, payments
  937  shall be made to that authority.
  938         5. To the credit of the Nonmandatory Land Reclamation Trust
  939  Fund, 6.2 percent.
  940         6. To the credit of the Phosphate Research Trust Fund in
  941  the Division of Universities of the Department of Education, 6.2
  942  percent.
  943         7. To the credit of the Minerals Trust Fund, 3.6 percent.
  944         Section 20. Paragraph (c) of subsection (1) of section
  945  212.098, Florida Statutes, is amended to read:
  946         212.098 Rural Job Tax Credit Program.—
  947         (1) As used in this section, the term:
  948         (c) “Qualified area” means any area that is contained
  949  within a rural area of opportunity critical economic concern
  950  designated under s. 288.0656, a county that has a population of
  951  fewer than 75,000 persons, or a county that has a population of
  952  125,000 or less and is contiguous to a county that has a
  953  population of less than 75,000, selected in the following
  954  manner: every third year, the Department of Economic Opportunity
  955  shall rank and tier the state’s counties according to the
  956  following four factors:
  957         1. Highest unemployment rate for the most recent 36-month
  958  period.
  959         2. Lowest per capita income for the most recent 36-month
  960  period.
  961         3. Highest percentage of residents whose incomes are below
  962  the poverty level, based upon the most recent data available.
  963         4. Average weekly manufacturing wage, based upon the most
  964  recent data available.
  965         Section 21. Subsection (1) of section 218.67, Florida
  966  Statutes, is amended to read:
  967         218.67 Distribution for fiscally constrained counties.—
  968         (1) Each county that is entirely within a rural area of
  969  opportunity critical economic concern as designated by the
  970  Governor pursuant to s. 288.0656 or each county for which the
  971  value of a mill will raise no more than $5 million in revenue,
  972  based on the taxable value certified pursuant to s.
  973  1011.62(4)(a)1.a., from the previous July 1, shall be considered
  974  a fiscally constrained county.
  975         Section 22. Subsection (1) of section 288.018, Florida
  976  Statutes, is amended to read:
  977         288.018 Regional Rural Development Grants Program.—
  978         (1) The department shall establish a matching grant program
  979  to provide funding to regionally based economic development
  980  organizations representing rural counties and communities for
  981  the purpose of building the professional capacity of their
  982  organizations. Such matching grants may also be used by an
  983  economic development organization to provide technical
  984  assistance to businesses within the rural counties and
  985  communities that it serves. The department is authorized to
  986  approve, on an annual basis, grants to such regionally based
  987  economic development organizations. The maximum amount an
  988  organization may receive in any year will be $35,000, or
  989  $100,000 in a rural area of opportunity critical economic
  990  concern recommended by the Rural Economic Development Initiative
  991  and designated by the Governor, and must be matched each year by
  992  an equivalent amount of nonstate resources.
  993         Section 23. Paragraphs (a) and (c) of subsection (2) of
  994  section 288.065, Florida Statutes, are amended to read:
  995         288.065 Rural Community Development Revolving Loan Fund.—
  996         (2)(a) The program shall provide for long-term loans, loan
  997  guarantees, and loan loss reserves to units of local
  998  governments, or economic development organizations substantially
  999  underwritten by a unit of local government, within counties with
 1000  populations of 75,000 or fewer, or within any county with a
 1001  population of 125,000 or fewer which is contiguous to a county
 1002  with a population of 75,000 or fewer, based on the most recent
 1003  official population estimate as determined under s. 186.901,
 1004  including those residing in incorporated areas and those
 1005  residing in unincorporated areas of the county, or to units of
 1006  local government, or economic development organizations
 1007  substantially underwritten by a unit of local government, within
 1008  a rural area of opportunity critical economic concern.
 1009         (c) All repayments of principal and interest shall be
 1010  returned to the loan fund and made available for loans to other
 1011  applicants. However, in a rural area of opportunity critical
 1012  economic concern designated by the Governor, and upon approval
 1013  by the department, repayments of principal and interest may be
 1014  retained by the applicant if such repayments are dedicated and
 1015  matched to fund regionally based economic development
 1016  organizations representing the rural area of opportunity
 1017  critical economic concern.
 1018         Section 24. Paragraphs (b), (c), and (e) of subsection (2)
 1019  of section 288.0655, Florida Statutes, are amended to read:
 1020         288.0655 Rural Infrastructure Fund.—
 1021         (2)
 1022         (b) To facilitate access of rural communities and rural
 1023  areas of opportunity critical economic concern as defined by the
 1024  Rural Economic Development Initiative to infrastructure funding
 1025  programs of the Federal Government, such as those offered by the
 1026  United States Department of Agriculture and the United States
 1027  Department of Commerce, and state programs, including those
 1028  offered by Rural Economic Development Initiative agencies, and
 1029  to facilitate local government or private infrastructure funding
 1030  efforts, the department may award grants for up to 30 percent of
 1031  the total infrastructure project cost. If an application for
 1032  funding is for a catalyst site, as defined in s. 288.0656, the
 1033  department may award grants for up to 40 percent of the total
 1034  infrastructure project cost. Eligible projects must be related
 1035  to specific job-creation or job-retention opportunities.
 1036  Eligible projects may also include improving any inadequate
 1037  infrastructure that has resulted in regulatory action that
 1038  prohibits economic or community growth or reducing the costs to
 1039  community users of proposed infrastructure improvements that
 1040  exceed such costs in comparable communities. Eligible uses of
 1041  funds shall include improvements to public infrastructure for
 1042  industrial or commercial sites and upgrades to or development of
 1043  public tourism infrastructure. Authorized infrastructure may
 1044  include the following public or public-private partnership
 1045  facilities: storm water systems; telecommunications facilities;
 1046  broadband facilities; roads or other remedies to transportation
 1047  impediments; nature-based tourism facilities; or other physical
 1048  requirements necessary to facilitate tourism, trade, and
 1049  economic development activities in the community. Authorized
 1050  infrastructure may also include publicly or privately owned
 1051  self-powered nature-based tourism facilities, publicly owned
 1052  telecommunications facilities, and broadband facilities, and
 1053  additions to the distribution facilities of the existing natural
 1054  gas utility as defined in s. 366.04(3)(c), the existing electric
 1055  utility as defined in s. 366.02, or the existing water or
 1056  wastewater utility as defined in s. 367.021(12), or any other
 1057  existing water or wastewater facility, which owns a gas or
 1058  electric distribution system or a water or wastewater system in
 1059  this state where:
 1060         1. A contribution-in-aid of construction is required to
 1061  serve public or public-private partnership facilities under the
 1062  tariffs of any natural gas, electric, water, or wastewater
 1063  utility as defined herein; and
 1064         2. Such utilities as defined herein are willing and able to
 1065  provide such service.
 1066         (c) To facilitate timely response and induce the location
 1067  or expansion of specific job creating opportunities, the
 1068  department may award grants for infrastructure feasibility
 1069  studies, design and engineering activities, or other
 1070  infrastructure planning and preparation activities. Authorized
 1071  grants shall be up to $50,000 for an employment project with a
 1072  business committed to create at least 100 jobs; up to $150,000
 1073  for an employment project with a business committed to create at
 1074  least 300 jobs; and up to $300,000 for a project in a rural area
 1075  of opportunity critical economic concern. Grants awarded under
 1076  this paragraph may be used in conjunction with grants awarded
 1077  under paragraph (b), provided that the total amount of both
 1078  grants does not exceed 30 percent of the total project cost. In
 1079  evaluating applications under this paragraph, the department
 1080  shall consider the extent to which the application seeks to
 1081  minimize administrative and consultant expenses.
 1082         (e) To enable local governments to access the resources
 1083  available pursuant to s. 403.973(18), the department may award
 1084  grants for surveys, feasibility studies, and other activities
 1085  related to the identification and preclearance review of land
 1086  which is suitable for preclearance review. Authorized grants
 1087  under this paragraph may shall not exceed $75,000 each, except
 1088  in the case of a project in a rural area of opportunity critical
 1089  economic concern, in which case the grant may shall not exceed
 1090  $300,000. Any funds awarded under this paragraph must be matched
 1091  at a level of 50 percent with local funds, except that any funds
 1092  awarded for a project in a rural area of opportunity critical
 1093  economic concern must be matched at a level of 33 percent with
 1094  local funds. If an application for funding is for a catalyst
 1095  site, as defined in s. 288.0656, the requirement for local match
 1096  may be waived pursuant to the process in s. 288.06561. In
 1097  evaluating applications under this paragraph, the department
 1098  shall consider the extent to which the application seeks to
 1099  minimize administrative and consultant expenses.
 1100         Section 25. Paragraphs (a), (b), and (d) of subsection (2)
 1101  and subsection (7) of section 288.0656, Florida Statutes, are
 1102  amended to read:
 1103         288.0656 Rural Economic Development Initiative.—
 1104         (2) As used in this section, the term:
 1105         (a) “Catalyst project” means a business locating or
 1106  expanding in a rural area of opportunity critical economic
 1107  concern to serve as an economic generator of regional
 1108  significance for the growth of a regional target industry
 1109  cluster. The project must provide capital investment on a scale
 1110  significant enough to affect the entire region and result in the
 1111  development of high-wage and high-skill jobs.
 1112         (b) “Catalyst site” means a parcel or parcels of land
 1113  within a rural area of opportunity critical economic concern
 1114  that has been prioritized as a geographic site for economic
 1115  development through partnerships with state, regional, and local
 1116  organizations. The site must be reviewed by REDI and approved by
 1117  the department for the purposes of locating a catalyst project.
 1118         (d) “Rural area of opportunity critical economic concern”
 1119  means a rural community, or a region composed of rural
 1120  communities, designated by the Governor, which that has been
 1121  adversely affected by an extraordinary economic event, severe or
 1122  chronic distress, or a natural disaster or that presents a
 1123  unique economic development opportunity of regional impact.
 1124         (7)(a) REDI may recommend to the Governor up to three rural
 1125  areas of opportunity critical economic concern. The Governor may
 1126  by executive order designate up to three rural areas of
 1127  opportunity critical economic concern which will establish these
 1128  areas as priority assignments for REDI as well as to allow the
 1129  Governor, acting through REDI, to waive criteria, requirements,
 1130  or similar provisions of any economic development incentive.
 1131  Such incentives shall include, but are not be limited to,: the
 1132  Qualified Target Industry Tax Refund Program under s. 288.106,
 1133  the Quick Response Training Program under s. 288.047, the Quick
 1134  Response Training Program for participants in the welfare
 1135  transition program under s. 288.047(8), transportation projects
 1136  under s. 339.2821, the brownfield redevelopment bonus refund
 1137  under s. 288.107, and the rural job tax credit program under ss.
 1138  212.098 and 220.1895.
 1139         (b) Designation as a rural area of opportunity critical
 1140  economic concern under this subsection shall be contingent upon
 1141  the execution of a memorandum of agreement among the department;
 1142  the governing body of the county; and the governing bodies of
 1143  any municipalities to be included within a rural area of
 1144  opportunity critical economic concern. Such agreement shall
 1145  specify the terms and conditions of the designation, including,
 1146  but not limited to, the duties and responsibilities of the
 1147  county and any participating municipalities to take actions
 1148  designed to facilitate the retention and expansion of existing
 1149  businesses in the area, as well as the recruitment of new
 1150  businesses to the area.
 1151         (c) Each rural area of opportunity critical economic
 1152  concern may designate catalyst projects, provided that each
 1153  catalyst project is specifically recommended by REDI, identified
 1154  as a catalyst project by Enterprise Florida, Inc., and confirmed
 1155  as a catalyst project by the department. All state agencies and
 1156  departments shall use all available tools and resources to the
 1157  extent permissible by law to promote the creation and
 1158  development of each catalyst project and the development of
 1159  catalyst sites.
 1160         Section 26. Paragraph (a) of subsection (3) of section
 1161  288.1088, Florida Statutes, is amended to read:
 1162         288.1088 Quick Action Closing Fund.—
 1163         (3)(a) The department and Enterprise Florida, Inc., shall
 1164  jointly review applications pursuant to s. 288.061 and determine
 1165  the eligibility of each project consistent with the criteria in
 1166  subsection (2). Waiver of these criteria may be considered under
 1167  the following criteria:
 1168         1. Based on extraordinary circumstances;
 1169         2. In order to mitigate the impact of the conclusion of the
 1170  space shuttle program; or
 1171         3. In rural areas of opportunity critical economic concern
 1172  if the project would significantly benefit the local or regional
 1173  economy.
 1174         Section 27. Paragraphs (b), (c), and (d) of subsection (4)
 1175  of section 288.1089, Florida Statutes, are amended to read:
 1176         288.1089 Innovation Incentive Program.—
 1177         (4) To qualify for review by the department, the applicant
 1178  must, at a minimum, establish the following to the satisfaction
 1179  of the department:
 1180         (b) A research and development project must:
 1181         1. Serve as a catalyst for an emerging or evolving
 1182  technology cluster.
 1183         2. Demonstrate a plan for significant higher education
 1184  collaboration.
 1185         3. Provide the state, at a minimum, a cumulative break-even
 1186  economic benefit within a 20-year period.
 1187         4. Be provided with a one-to-one match from the local
 1188  community. The match requirement may be reduced or waived in
 1189  rural areas of opportunity critical economic concern or reduced
 1190  in rural areas, brownfield areas, and enterprise zones.
 1191         (c) An innovation business project in this state, other
 1192  than a research and development project, must:
 1193         1.a. Result in the creation of at least 1,000 direct, new
 1194  jobs at the business; or
 1195         b. Result in the creation of at least 500 direct, new jobs
 1196  if the project is located in a rural area, a brownfield area, or
 1197  an enterprise zone.
 1198         2. Have an activity or product that is within an industry
 1199  that is designated as a target industry business under s.
 1200  288.106 or a designated sector under s. 288.108.
 1201         3.a. Have a cumulative investment of at least $500 million
 1202  within a 5-year period; or
 1203         b. Have a cumulative investment that exceeds $250 million
 1204  within a 10-year period if the project is located in a rural
 1205  area, brownfield area, or an enterprise zone.
 1206         4. Be provided with a one-to-one match from the local
 1207  community. The match requirement may be reduced or waived in
 1208  rural areas of opportunity critical economic concern or reduced
 1209  in rural areas, brownfield areas, and enterprise zones.
 1210         (d) For an alternative and renewable energy project in this
 1211  state, the project must:
 1212         1. Demonstrate a plan for significant collaboration with an
 1213  institution of higher education;
 1214         2. Provide the state, at a minimum, a cumulative break-even
 1215  economic benefit within a 20-year period;
 1216         3. Include matching funds provided by the applicant or
 1217  other available sources. The match requirement may be reduced or
 1218  waived in rural areas of opportunity critical economic concern
 1219  or reduced in rural areas, brownfield areas, and enterprise
 1220  zones;
 1221         4. Be located in this state; and
 1222         5. Provide at least 35 direct, new jobs that pay an
 1223  estimated annual average wage that equals at least 130 percent
 1224  of the average private sector wage.
 1225         Section 28. Paragraph (d) of subsection (6) of section
 1226  290.0055, Florida Statutes, is amended to read:
 1227         290.0055 Local nominating procedure.—
 1228         (6)
 1229         (d)1. The governing body of a jurisdiction which has
 1230  nominated an application for an enterprise zone that is at least
 1231  15 square miles and less than 20 square miles and includes a
 1232  portion of the state designated as a rural area of opportunity
 1233  critical economic concern under s. 288.0656(7) may apply to the
 1234  department to expand the boundary of the existing enterprise
 1235  zone by not more than 3 square miles.
 1236         2. The governing body of a jurisdiction which has nominated
 1237  an application for an enterprise zone that is at least 20 square
 1238  miles and includes a portion of the state designated as a rural
 1239  area of opportunity critical economic concern under s.
 1240  288.0656(7) may apply to the department to expand the boundary
 1241  of the existing enterprise zone by not more than 5 square miles.
 1242         3. An application to expand the boundary of an enterprise
 1243  zone under this paragraph must be submitted by December 31,
 1244  2013.
 1245         4. Notwithstanding the area limitations specified in
 1246  subsection (4), the department may approve the request for a
 1247  boundary amendment if the area continues to satisfy the
 1248  remaining requirements of this section.
 1249         5. The department shall establish the initial effective
 1250  date of an enterprise zone designated under this paragraph.
 1251         Section 29. Paragraph (c) of subsection (4) of section
 1252  339.2819, Florida Statutes, is amended to read:
 1253         339.2819 Transportation Regional Incentive Program.—
 1254         (4)
 1255         (c) The department shall give priority to projects that:
 1256         1. Provide connectivity to the Strategic Intermodal System
 1257  developed under s. 339.64.
 1258         2. Support economic development and the movement of goods
 1259  in rural areas of opportunity critical economic concern
 1260  designated under s. 288.0656(7).
 1261         3. Are subject to a local ordinance that establishes
 1262  corridor management techniques, including access management
 1263  strategies, right-of-way acquisition and protection measures,
 1264  appropriate land use strategies, zoning, and setback
 1265  requirements for adjacent land uses.
 1266         4. Improve connectivity between military installations and
 1267  the Strategic Highway Network or the Strategic Rail Corridor
 1268  Network.
 1269  
 1270  The department shall also consider the extent to which local
 1271  matching funds are available to be committed to the project.
 1272         Section 30. Paragraph (b) of subsection (5) of section
 1273  339.63, Florida Statutes, is amended to read:
 1274         339.63 System facilities designated; additions and
 1275  deletions.—
 1276         (5)
 1277         (b) A facility designated part of the Strategic Intermodal
 1278  System pursuant to paragraph (a) that is within the jurisdiction
 1279  of a local government that maintains a transportation
 1280  concurrency system shall receive a waiver of transportation
 1281  concurrency requirements applicable to Strategic Intermodal
 1282  System facilities in order to accommodate any development at the
 1283  facility which occurs pursuant to a building permit issued on or
 1284  before December 31, 2017, but only if such facility is located:
 1285         1. Within an area designated pursuant to s. 288.0656(7) as
 1286  a rural area of opportunity critical economic concern;
 1287         2. Within a rural enterprise zone as defined in s.
 1288  290.004(5); or
 1289         3. Within 15 miles of the boundary of a rural area of
 1290  opportunity critical economic concern or a rural enterprise
 1291  zone.
 1292         Section 31. Paragraph (c) of subsection (3) of section
 1293  373.4595, Florida Statutes, is amended to read:
 1294         373.4595 Northern Everglades and Estuaries Protection
 1295  Program.—
 1296         (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—A
 1297  protection program for Lake Okeechobee that achieves phosphorus
 1298  load reductions for Lake Okeechobee shall be immediately
 1299  implemented as specified in this subsection. The program shall
 1300  address the reduction of phosphorus loading to the lake from
 1301  both internal and external sources. Phosphorus load reductions
 1302  shall be achieved through a phased program of implementation.
 1303  Initial implementation actions shall be technology-based, based
 1304  upon a consideration of both the availability of appropriate
 1305  technology and the cost of such technology, and shall include
 1306  phosphorus reduction measures at both the source and the
 1307  regional level. The initial phase of phosphorus load reductions
 1308  shall be based upon the district’s Technical Publication 81-2
 1309  and the district’s WOD program, with subsequent phases of
 1310  phosphorus load reductions based upon the total maximum daily
 1311  loads established in accordance with s. 403.067. In the
 1312  development and administration of the Lake Okeechobee Watershed
 1313  Protection Program, the coordinating agencies shall maximize
 1314  opportunities provided by federal cost-sharing programs and
 1315  opportunities for partnerships with the private sector.
 1316         (c) Lake Okeechobee Watershed Phosphorus Control Program.
 1317  The Lake Okeechobee Watershed Phosphorus Control Program is
 1318  designed to be a multifaceted approach to reducing phosphorus
 1319  loads by improving the management of phosphorus sources within
 1320  the Lake Okeechobee watershed through implementation of
 1321  regulations and best management practices, development and
 1322  implementation of improved best management practices,
 1323  improvement and restoration of the hydrologic function of
 1324  natural and managed systems, and utilization of alternative
 1325  technologies for nutrient reduction. The coordinating agencies
 1326  shall facilitate the application of federal programs that offer
 1327  opportunities for water quality treatment, including
 1328  preservation, restoration, or creation of wetlands on
 1329  agricultural lands.
 1330         1. Agricultural nonpoint source best management practices,
 1331  developed in accordance with s. 403.067 and designed to achieve
 1332  the objectives of the Lake Okeechobee Watershed Protection
 1333  Program, shall be implemented on an expedited basis. The
 1334  coordinating agencies shall develop an interagency agreement
 1335  pursuant to ss. 373.046 and 373.406(5) that assures the
 1336  development of best management practices that complement
 1337  existing regulatory programs and specifies how those best
 1338  management practices are implemented and verified. The
 1339  interagency agreement shall address measures to be taken by the
 1340  coordinating agencies during any best management practice
 1341  reevaluation performed pursuant to sub-subparagraph d. The
 1342  department shall use best professional judgment in making the
 1343  initial determination of best management practice effectiveness.
 1344         a. As provided in s. 403.067(7)(c), the Department of
 1345  Agriculture and Consumer Services, in consultation with the
 1346  department, the district, and affected parties, shall initiate
 1347  rule development for interim measures, best management
 1348  practices, conservation plans, nutrient management plans, or
 1349  other measures necessary for Lake Okeechobee watershed total
 1350  maximum daily load reduction. The rule shall include thresholds
 1351  for requiring conservation and nutrient management plans and
 1352  criteria for the contents of such plans. Development of
 1353  agricultural nonpoint source best management practices shall
 1354  initially focus on those priority basins listed in subparagraph
 1355  (b)1. The Department of Agriculture and Consumer Services, in
 1356  consultation with the department, the district, and affected
 1357  parties, shall conduct an ongoing program for improvement of
 1358  existing and development of new interim measures or best
 1359  management practices for the purpose of adoption of such
 1360  practices by rule. The Department of Agriculture and Consumer
 1361  Services shall work with the University of Florida’s Institute
 1362  of Food and Agriculture Sciences to review and, where
 1363  appropriate, develop revised nutrient application rates for all
 1364  agricultural soil amendments in the watershed.
 1365         b. Where agricultural nonpoint source best management
 1366  practices or interim measures have been adopted by rule of the
 1367  Department of Agriculture and Consumer Services, the owner or
 1368  operator of an agricultural nonpoint source addressed by such
 1369  rule shall either implement interim measures or best management
 1370  practices or demonstrate compliance with the district’s WOD
 1371  program by conducting monitoring prescribed by the department or
 1372  the district. Owners or operators of agricultural nonpoint
 1373  sources who implement interim measures or best management
 1374  practices adopted by rule of the Department of Agriculture and
 1375  Consumer Services shall be subject to the provisions of s.
 1376  403.067(7). The Department of Agriculture and Consumer Services,
 1377  in cooperation with the department and the district, shall
 1378  provide technical and financial assistance for implementation of
 1379  agricultural best management practices, subject to the
 1380  availability of funds.
 1381         c. The district or department shall conduct monitoring at
 1382  representative sites to verify the effectiveness of agricultural
 1383  nonpoint source best management practices.
 1384         d. Where water quality problems are detected for
 1385  agricultural nonpoint sources despite the appropriate
 1386  implementation of adopted best management practices, the
 1387  Department of Agriculture and Consumer Services, in consultation
 1388  with the other coordinating agencies and affected parties, shall
 1389  institute a reevaluation of the best management practices and
 1390  make appropriate changes to the rule adopting best management
 1391  practices.
 1392         2. Nonagricultural nonpoint source best management
 1393  practices, developed in accordance with s. 403.067 and designed
 1394  to achieve the objectives of the Lake Okeechobee Watershed
 1395  Protection Program, shall be implemented on an expedited basis.
 1396  The department and the district shall develop an interagency
 1397  agreement pursuant to ss. 373.046 and 373.406(5) that assures
 1398  the development of best management practices that complement
 1399  existing regulatory programs and specifies how those best
 1400  management practices are implemented and verified. The
 1401  interagency agreement shall address measures to be taken by the
 1402  department and the district during any best management practice
 1403  reevaluation performed pursuant to sub-subparagraph d.
 1404         a. The department and the district are directed to work
 1405  with the University of Florida’s Institute of Food and
 1406  Agricultural Sciences to develop appropriate nutrient
 1407  application rates for all nonagricultural soil amendments in the
 1408  watershed. As provided in s. 403.067(7)(c), the department, in
 1409  consultation with the district and affected parties, shall
 1410  develop interim measures, best management practices, or other
 1411  measures necessary for Lake Okeechobee watershed total maximum
 1412  daily load reduction. Development of nonagricultural nonpoint
 1413  source best management practices shall initially focus on those
 1414  priority basins listed in subparagraph (b)1. The department, the
 1415  district, and affected parties shall conduct an ongoing program
 1416  for improvement of existing and development of new interim
 1417  measures or best management practices. The district shall adopt
 1418  technology-based standards under the district’s WOD program for
 1419  nonagricultural nonpoint sources of phosphorus. Nothing in this
 1420  sub-subparagraph shall affect the authority of the department or
 1421  the district to adopt basin-specific criteria under this part to
 1422  prevent harm to the water resources of the district.
 1423         b. Where nonagricultural nonpoint source best management
 1424  practices or interim measures have been developed by the
 1425  department and adopted by the district, the owner or operator of
 1426  a nonagricultural nonpoint source shall implement interim
 1427  measures or best management practices and be subject to the
 1428  provisions of s. 403.067(7). The department and district shall
 1429  provide technical and financial assistance for implementation of
 1430  nonagricultural nonpoint source best management practices,
 1431  subject to the availability of funds.
 1432         c. The district or the department shall conduct monitoring
 1433  at representative sites to verify the effectiveness of
 1434  nonagricultural nonpoint source best management practices.
 1435         d. Where water quality problems are detected for
 1436  nonagricultural nonpoint sources despite the appropriate
 1437  implementation of adopted best management practices, the
 1438  department and the district shall institute a reevaluation of
 1439  the best management practices.
 1440         3. The provisions of subparagraphs 1. and 2. may shall not
 1441  preclude the department or the district from requiring
 1442  compliance with water quality standards or with current best
 1443  management practices requirements set forth in any applicable
 1444  regulatory program authorized by law for the purpose of
 1445  protecting water quality. Additionally, subparagraphs 1. and 2.
 1446  are applicable only to the extent that they do not conflict with
 1447  any rules adopted promulgated by the department that are
 1448  necessary to maintain a federally delegated or approved program.
 1449         4. Projects that reduce the phosphorus load originating
 1450  from domestic wastewater systems within the Lake Okeechobee
 1451  watershed shall be given funding priority in the department’s
 1452  revolving loan program under s. 403.1835. The department shall
 1453  coordinate and provide assistance to those local governments
 1454  seeking financial assistance for such priority projects.
 1455         5. Projects that make use of private lands, or lands held
 1456  in trust for Indian tribes, to reduce nutrient loadings or
 1457  concentrations within a basin by one or more of the following
 1458  methods: restoring the natural hydrology of the basin, restoring
 1459  wildlife habitat or impacted wetlands, reducing peak flows after
 1460  storm events, increasing aquifer recharge, or protecting range
 1461  and timberland from conversion to development, are eligible for
 1462  grants available under this section from the coordinating
 1463  agencies. For projects of otherwise equal priority, special
 1464  funding priority will be given to those projects that make best
 1465  use of the methods outlined above that involve public-private
 1466  partnerships or that obtain federal match money. Preference
 1467  ranking above the special funding priority will be given to
 1468  projects located in a rural area of opportunity critical
 1469  economic concern designated by the Governor. Grant applications
 1470  may be submitted by any person or tribal entity, and eligible
 1471  projects may include, but are not limited to, the purchase of
 1472  conservation and flowage easements, hydrologic restoration of
 1473  wetlands, creating treatment wetlands, development of a
 1474  management plan for natural resources, and financial support to
 1475  implement a management plan.
 1476         6.a. The department shall require all entities disposing of
 1477  domestic wastewater residuals within the Lake Okeechobee
 1478  watershed and the remaining areas of Okeechobee, Glades, and
 1479  Hendry Counties to develop and submit to the department an
 1480  agricultural use plan that limits applications based upon
 1481  phosphorus loading. By July 1, 2005, phosphorus concentrations
 1482  originating from these application sites may shall not exceed
 1483  the limits established in the district’s WOD program. After
 1484  December 31, 2007, the department may not authorize the disposal
 1485  of domestic wastewater residuals within the Lake Okeechobee
 1486  watershed unless the applicant can affirmatively demonstrate
 1487  that the phosphorus in the residuals will not add to phosphorus
 1488  loadings in Lake Okeechobee or its tributaries. This
 1489  demonstration shall be based on achieving a net balance between
 1490  phosphorus imports relative to exports on the permitted
 1491  application site. Exports shall include only phosphorus removed
 1492  from the Lake Okeechobee watershed through products generated on
 1493  the permitted application site. This prohibition does not apply
 1494  to Class AA residuals that are marketed and distributed as
 1495  fertilizer products in accordance with department rule.
 1496         b. Private and government-owned utilities within Monroe,
 1497  Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
 1498  River, Okeechobee, Highlands, Hendry, and Glades Counties that
 1499  dispose of wastewater residual sludge from utility operations
 1500  and septic removal by land spreading in the Lake Okeechobee
 1501  watershed may use a line item on local sewer rates to cover
 1502  wastewater residual treatment and disposal if such disposal and
 1503  treatment is done by approved alternative treatment methodology
 1504  at a facility located within the areas designated by the
 1505  Governor as rural areas of opportunity critical economic concern
 1506  pursuant to s. 288.0656. This additional line item is an
 1507  environmental protection disposal fee above the present sewer
 1508  rate and may shall not be considered a part of the present sewer
 1509  rate to customers, notwithstanding provisions to the contrary in
 1510  chapter 367. The fee shall be established by the county
 1511  commission or its designated assignee in the county in which the
 1512  alternative method treatment facility is located. The fee shall
 1513  be calculated to be no higher than that necessary to recover the
 1514  facility’s prudent cost of providing the service. Upon request
 1515  by an affected county commission, the Florida Public Service
 1516  Commission will provide assistance in establishing the fee.
 1517  Further, for utilities and utility authorities that use the
 1518  additional line item environmental protection disposal fee, such
 1519  fee may shall not be considered a rate increase under the rules
 1520  of the Public Service Commission and shall be exempt from such
 1521  rules. Utilities using the provisions of this section may
 1522  immediately include in their sewer invoicing the new
 1523  environmental protection disposal fee. Proceeds from this
 1524  environmental protection disposal fee shall be used for
 1525  treatment and disposal of wastewater residuals, including any
 1526  treatment technology that helps reduce the volume of residuals
 1527  that require final disposal, but such proceeds may shall not be
 1528  used for transportation or shipment costs for disposal or any
 1529  costs relating to the land application of residuals in the Lake
 1530  Okeechobee watershed.
 1531         c. No less frequently than once every 3 years, the Florida
 1532  Public Service Commission or the county commission through the
 1533  services of an independent auditor shall perform a financial
 1534  audit of all facilities receiving compensation from an
 1535  environmental protection disposal fee. The Florida Public
 1536  Service Commission or the county commission through the services
 1537  of an independent auditor shall also perform an audit of the
 1538  methodology used in establishing the environmental protection
 1539  disposal fee. The Florida Public Service Commission or the
 1540  county commission shall, within 120 days after completion of an
 1541  audit, file the audit report with the President of the Senate
 1542  and the Speaker of the House of Representatives and shall
 1543  provide copies to the county commissions of the counties set
 1544  forth in sub-subparagraph b. The books and records of any
 1545  facilities receiving compensation from an environmental
 1546  protection disposal fee shall be open to the Florida Public
 1547  Service Commission and the Auditor General for review upon
 1548  request.
 1549         7. The Department of Health shall require all entities
 1550  disposing of septage within the Lake Okeechobee watershed to
 1551  develop and submit to that agency an agricultural use plan that
 1552  limits applications based upon phosphorus loading. By July 1,
 1553  2005, phosphorus concentrations originating from these
 1554  application sites may shall not exceed the limits established in
 1555  the district’s WOD program.
 1556         8. The Department of Agriculture and Consumer Services
 1557  shall initiate rulemaking requiring entities within the Lake
 1558  Okeechobee watershed which land-apply animal manure to develop
 1559  resource management system level conservation plans, according
 1560  to United States Department of Agriculture criteria, which limit
 1561  such application. Such rules may include criteria and thresholds
 1562  for the requirement to develop a conservation or nutrient
 1563  management plan, requirements for plan approval, and
 1564  recordkeeping requirements.
 1565         9. The district, the department, or the Department of
 1566  Agriculture and Consumer Services, as appropriate, shall
 1567  implement those alternative nutrient reduction technologies
 1568  determined to be feasible pursuant to subparagraph (d)6.
 1569         Section 32. Paragraph (e) of subsection (2) and paragraph
 1570  (b) of subsection (26) of section 380.06, Florida Statutes, are
 1571  amended to read:
 1572         380.06 Developments of regional impact.—
 1573         (2) STATEWIDE GUIDELINES AND STANDARDS.—
 1574         (e) With respect to residential, hotel, motel, office, and
 1575  retail developments, the applicable guidelines and standards
 1576  shall be increased by 50 percent in urban central business
 1577  districts and regional activity centers of jurisdictions whose
 1578  local comprehensive plans are in compliance with part II of
 1579  chapter 163. With respect to multiuse developments, the
 1580  applicable individual use guidelines and standards for
 1581  residential, hotel, motel, office, and retail developments and
 1582  multiuse guidelines and standards shall be increased by 100
 1583  percent in urban central business districts and regional
 1584  activity centers of jurisdictions whose local comprehensive
 1585  plans are in compliance with part II of chapter 163, if one land
 1586  use of the multiuse development is residential and amounts to
 1587  not less than 35 percent of the jurisdiction’s applicable
 1588  residential threshold. With respect to resort or convention
 1589  hotel developments, the applicable guidelines and standards
 1590  shall be increased by 150 percent in urban central business
 1591  districts and regional activity centers of jurisdictions whose
 1592  local comprehensive plans are in compliance with part II of
 1593  chapter 163 and where the increase is specifically for a
 1594  proposed resort or convention hotel located in a county with a
 1595  population greater than 500,000 and the local government
 1596  specifically designates that the proposed resort or convention
 1597  hotel development will serve an existing convention center of
 1598  more than 250,000 gross square feet built before prior to July
 1599  1, 1992. The applicable guidelines and standards shall be
 1600  increased by 150 percent for development in any area designated
 1601  by the Governor as a rural area of opportunity critical economic
 1602  concern pursuant to s. 288.0656 during the effectiveness of the
 1603  designation.
 1604         (26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.—
 1605         (b) Upon receipt of written confirmation from the state
 1606  land planning agency that any required mitigation applicable to
 1607  completed development has occurred, an industrial development of
 1608  regional impact located within the coastal high-hazard area of a
 1609  rural area of opportunity county of economic concern which was
 1610  approved before prior to the adoption of the local government’s
 1611  comprehensive plan required under s. 163.3167 and which plan’s
 1612  future land use map and zoning designates the land use for the
 1613  development of regional impact as commercial may be unilaterally
 1614  abandoned without the need to proceed through the process
 1615  described in paragraph (a) if the developer or owner provides a
 1616  notice of abandonment to the local government and records such
 1617  notice with the applicable clerk of court. Abandonment shall be
 1618  deemed to have occurred upon the recording of the notice. All
 1619  development following abandonment shall be fully consistent with
 1620  the current comprehensive plan and applicable zoning.
 1621         Section 33. Paragraph (g) of subsection (3) of section
 1622  380.0651, Florida Statutes, is amended to read:
 1623         380.0651 Statewide guidelines and standards.—
 1624         (3) The following statewide guidelines and standards shall
 1625  be applied in the manner described in s. 380.06(2) to determine
 1626  whether the following developments shall be required to undergo
 1627  development-of-regional-impact review:
 1628         (g) Residential development.A No rule may not be adopted
 1629  concerning residential developments which treats a residential
 1630  development in one county as being located in a less populated
 1631  adjacent county unless more than 25 percent of the development
 1632  is located within 2 or less miles or less of the less populated
 1633  adjacent county. The residential thresholds of adjacent counties
 1634  with less population and a lower threshold may shall not be
 1635  controlling on any development wholly located within areas
 1636  designated as rural areas of opportunity critical economic
 1637  concern.
 1638         Section 34. Paragraph (b) of subsection (2) of section
 1639  985.686, Florida Statutes, is amended to read:
 1640         985.686 Shared county and state responsibility for juvenile
 1641  detention.—
 1642         (2) As used in this section, the term:
 1643         (b) “Fiscally constrained county” means a county within a
 1644  rural area of opportunity critical economic concern as
 1645  designated by the Governor pursuant to s. 288.0656 or each
 1646  county for which the value of a mill will raise no more than $5
 1647  million in revenue, based on the certified school taxable value
 1648  certified pursuant to s. 1011.62(4)(a)1.a., from the previous
 1649  July 1.
 1650         Section 35. Subsection (2) of section 1011.76, Florida
 1651  Statutes, is amended to read:
 1652         1011.76 Small School District Stabilization Program.—
 1653         (2) In order to participate in this program, a school
 1654  district must be located in a rural area of opportunity critical
 1655  economic concern designated by the Executive Office of the
 1656  Governor, and the district school board must submit a resolution
 1657  to the Department of Economic Opportunity requesting
 1658  participation in the program. A rural area of opportunity
 1659  critical economic concern must be a rural community, or a region
 1660  composed of such, that has been adversely affected by an
 1661  extraordinary economic event or a natural disaster or that
 1662  presents a unique economic development concern or opportunity of
 1663  regional impact. The resolution must be accompanied by with
 1664  documentation of the economic conditions in the community and,
 1665  provide information indicating the negative impact of these
 1666  conditions on the school district’s financial stability, and the
 1667  school district must participate in a best financial management
 1668  practices review to determine potential efficiencies that could
 1669  be implemented to reduce program costs in the district.
 1670         Section 36. Paragraph (a) of subsection (4) of section
 1671  215.425, Florida Statutes, is amended to read:
 1672         215.425 Extra compensation claims prohibited; bonuses;
 1673  severance pay.—
 1674         (4)(a) On or after July 1, 2011, a unit of government that
 1675  enters into a contract or employment agreement, or renewal or
 1676  renegotiation of an existing contract or employment agreement,
 1677  that contains a provision for severance pay with an officer,
 1678  agent, employee, or contractor must include the following
 1679  provisions in the contract:
 1680         1. A requirement that severance pay provided may not exceed
 1681  an amount greater than 20 weeks of compensation.
 1682         2. A prohibition of provision of severance pay when the
 1683  officer, agent, employee, or contractor has been fired for
 1684  misconduct, as defined in s. 443.036(29) s. 443.036(30), by the
 1685  unit of government.
 1686         Section 37. Paragraph (f) of subsection (13) of section
 1687  443.1216, Florida Statutes, is amended to read:
 1688         443.1216 Employment.—Employment, as defined in s. 443.036,
 1689  is subject to this chapter under the following conditions:
 1690         (13) The following are exempt from coverage under this
 1691  chapter:
 1692         (f) Service performed in the employ of a public employer as
 1693  defined in s. 443.036, except as provided in subsection (2), and
 1694  service performed in the employ of an instrumentality of a
 1695  public employer as described in s. 443.036(35)(b) or (c) s.
 1696  443.036(36)(b) or (c), to the extent that the instrumentality is
 1697  immune under the United States Constitution from the tax imposed
 1698  by s. 3301 of the Internal Revenue Code for that service.
 1699         Section 38. This act shall take effect July 1, 2014.