Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1420
       
       
       
       
       
       
                                Ì501190uÎ501190                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/21/2024           .                                
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       The Committee on Rules (Burgess) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 275 - 417
    4  and insert:
    5         Section 7. Section 288.987, Florida Statutes, is amended to
    6  read:
    7         288.987 Florida Defense Support Task Force.—
    8         (1) The Department of Commerce shall establish a direct
    9  support organization to support Florida’s military and defense
   10  industries and communities The Florida Defense Support Task
   11  Force is created.
   12         (a) The direct-support organization is a corporation not
   13  for profit, as defined in s. 501(c)(3) of the Internal Revenue
   14  Code, which is incorporated under chapter 617 and approved by
   15  the Department of State. The direct-support organization is
   16  exempt from paying filing fees under chapter 617.
   17         (b) The direct-support organization shall operate under
   18  contract with the department pursuant to s. 20.60. The contract
   19  must provide that:
   20         1. The department may review the direct-support
   21  organization’s articles of incorporation.
   22         2. The direct-support organization shall submit an annual
   23  budget proposal to the department, on a form provided by the
   24  department, in accordance with department procedures for filing
   25  budget proposals based on recommendations of the department.
   26         3. Any funds that the direct-support organization holds in
   27  trust must revert to the state upon the expiration or
   28  cancellation of the contract.
   29         4. The direct-support organization is subject to an annual
   30  financial and performance review by the department to determine
   31  whether the direct-support organization is complying with the
   32  terms of the contract and is acting in a manner consistent with
   33  the goals of the department and in the best interest of the
   34  state.
   35         (c) The department must determine and annually certify that
   36  the direct-support organization is complying with the terms of
   37  the contract and is doing so consistent with the goals and
   38  purposes of the organization and in the best interests of the
   39  state.
   40         (d) The fiscal year of the direct-support organization
   41  begins on July 1 and ends on June 30 of the next succeeding
   42  year. By August 15 of each fiscal year, the department shall
   43  submit a proposed operating budget for the direct-support
   44  organization to the Governor, the President of the Senate, and
   45  the Speaker of the House of Representatives.
   46         (e) The direct-support organization shall provide an annual
   47  financial audit in accordance with s. 215.981.
   48         (f) The direct-support organization is not an agency for
   49  purposes of chapter 120; s. 215.31; chapter 216; ss. 255.21,
   50  255.25, and 255.254, relating to leasing of buildings; and ss.
   51  283.33 and 283.35, relating to bids for printing.
   52         (g) Subject to the approval of the Secretary of Commerce,
   53  the department may allow the direct-support organization to use
   54  the property, facilities, personnel, and services of the
   55  department if the direct-support organization provides equal
   56  employment opportunities to all persons regardless of race,
   57  color, religion, sex, or national origin.
   58         (2)(a) The mission of the direct-support organization task
   59  force is to carry out the provisions of this section, to make
   60  recommendations to preserve and protect military installations,
   61  to assist Florida is for Veterans, Inc., created in s. 295.21,
   62  with economic and workforce development efforts in military
   63  communities, to conduct planning and research and development to
   64  support military missions, businesses, and military families to
   65  support the state’s position in research and development related
   66  to or arising out of military missions and contracting, and to
   67  improve the state’s military-friendly environment for
   68  servicemembers, military dependents, military retirees, and
   69  businesses that bring military and base-related jobs to the
   70  state.
   71         (b) The direct-support organization is organized and
   72  operated to request, receive, hold, invest, and administer
   73  property and to manage and make expenditures related to its
   74  mission and for joint planning with host communities to
   75  accommodate military missions and prevent base encroachment,
   76  advocacy on the state’s behalf with federal civilian and
   77  military officials, promotion of the state to military and
   78  related contractors and employers, and support of economic and
   79  product research and development activities of the defense
   80  industry.
   81         (c) As necessary and requested by Florida is for Veterans,
   82  Inc., the direct-support organization may undertake such
   83  activities that assist the corporation with job training and
   84  placement for military spouses in communities with high
   85  proportions of active duty military personnel. As necessary and
   86  requested by the Department of Education, school districts, or
   87  Florida state colleges and universities, the direct-support
   88  organization may undertake such activities that assist in
   89  providing a smooth transition for dependents of military
   90  personnel and other military students. The direct-support
   91  organization is intended to complement but may not supplant the
   92  activities of other state entities.
   93         (3) The direct-support organization shall be governed by a
   94  board of directors.
   95         (a) The board of directors is composed of the Governor, or
   96  his or her designee, and the following members task force shall
   97  be comprised of the Governor or his or her designee, and 12
   98  members appointed as follows:
   99         1.(a) Four members appointed by the Governor.
  100         2.(b) Four members appointed by the President of the
  101  Senate.
  102         3.(c) Four members appointed by the Speaker of the House of
  103  Representatives.
  104         (b)(d) Appointed members must represent defense-related
  105  industries or communities that host military bases and
  106  installations. All appointments in place as of July 1, 2024,
  107  must continue in effect until the expiration of the term must be
  108  made by August 1, 2011. Members shall serve for a term of 4
  109  years, with the first term ending July 1, 2015. However, if
  110  members of the Legislature are appointed to the task force,
  111  those members shall serve until the expiration of their
  112  legislative term and may be reappointed once. A vacancy shall be
  113  filled for the remainder of the unexpired term in the same
  114  manner as the initial appointment. All members of the council
  115  are eligible for reappointment.
  116         (c) The President of the Senate and the Speaker of the
  117  House of Representatives shall each appoint a current member of
  118  their respective chambers who shall serve ex officio, nonvoting.
  119  An appointed Senator or Representative shall serve until the
  120  expiration of the member’s legislative term and may be
  121  reappointed once. An appointed Senator or Representative A
  122  member who serves in the Legislature may participate in all
  123  direct-support organization task force activities but may not
  124  only vote on matters that are advisory.
  125         (d)(4) The President of the Senate and the Speaker of the
  126  House of Representatives shall each designate one of their
  127  appointees under paragraph (b) to serve as chair of the direct
  128  support organization task force. The chair shall serve a 2-year
  129  term, rotating on December 1 of each even-numbered year rotate
  130  each July 1. The appointee designated by the President of the
  131  Senate shall serve as initial chair. If the Governor, instead of
  132  his or her designee, participates in the activities of the
  133  direct-support organization task force, then the Governor shall
  134  serve as chair.
  135         (e)(5) The Secretary of Commerce Economic Opportunity, or
  136  his or her designee, shall serve as the ex officio, nonvoting
  137  executive director of the direct-support organization task
  138  force.
  139         (f) The Executive Director of Florida Department of
  140  Veterans’ Affairs and the Adjutant General of the Florida
  141  National Guard, or their designees, shall serve as ex officio,
  142  nonvoting members of the direct-support organization.
  143         (g) Any employees and appointed board members, in their
  144  capacity of service on the board, are not public employees for
  145  the purposes of chapter 110 or chapter 112, except that such
  146  employees and appointed board members of the corporation are
  147  subject to the provisions of s. 112.061, related to
  148  reimbursement for travel and per diem exempts incurred while
  149  performing duties, and part III of chapter 112. Otherwise, each
  150  member of the board of directors shall serve without
  151  compensation.
  152         (4)(6) The direct-support organization task force shall
  153  submit an annual progress report and work plan to the Governor,
  154  the President of the Senate, and the Speaker of the House of
  155  Representatives each November 1, which may be submitted as a
  156  supplement report with the annual report of the department
  157  pursuant to s. 20.60 February 1.
  158         (5) The direct-support organization, in the performance of
  159  its duties, may:
  160         (a) Make and enter into contracts and assume such other
  161  functions as are necessary to carry out the mission of the
  162  direct-support organization and its contract with the
  163  department, provided that any such contracts and assumptions are
  164  not inconsistent with this section or any other applicable
  165  provision of law governing the direct-support organization. A
  166  proposed contract with a total cost of $750,000 or more is
  167  subject to the notice, review, and objection procedures of s.
  168  216.177. If the chair and vice chair of the Legislative Budget
  169  Commission, or the President of the Senate and the Speaker of
  170  the House of Representatives, timely advise the direct-support
  171  organization in writing that such proposed contract is contrary
  172  to legislative policy and intent, the direct-support
  173  organization may not enter into such proposed contract. The
  174  direct-support organization may not divide one proposed contract
  175  with a total cost of $750,000 or more into multiple contracts to
  176  circumvent the requirements of this paragraph.
  177         (b)Establish grant programs and administer grant awards to
  178  support its mission. The direct-support organization must
  179  publicly adopt guidelines and application procedures and must
  180  publish such guidelines, application procedures, and awards on
  181  its website. The direct-support organization may assist the
  182  department as requested and necessary with any statutorily
  183  established grants or other programs, but may not administer
  184  such grants on behalf of the department.
  185         (7) The department shall support the task force and
  186  contract with the task force for expenditure of appropriated
  187  funds, which may be used by the task force for economic and
  188  product research and development, joint planning with host
  189  communities to accommodate military missions and prevent base
  190  encroachment, advocacy on the state’s behalf with federal
  191  civilian and military officials, assistance to school districts
  192  in providing a smooth transition for large numbers of additional
  193  military-related students, job training and placement for
  194  military spouses in communities with high proportions of active
  195  duty military personnel, and promotion of the state to military
  196  and related contractors and employers. The task force may
  197         (c) Annually spend up to $250,000 of funds appropriated to
  198  the department for the direct-support organization task force
  199  for staffing and administrative expenses of the direct-support
  200  organization task force, including travel and per diem costs
  201  incurred by task force members who are not otherwise eligible
  202  for state reimbursement.
  203         (6) This section is repealed October 1, 2029, unless
  204  reviewed and saved from repeal by the Legislature.
  205         Section 8. Section 288.102, Florida Statutes, is created to
  206  read:
  207         288.102Supply Chain Innovation Grant Program.—
  208         (1)The Supply Chain Innovation Grant Program is created
  209  within the department to fund, subject to appropriation by the
  210  legislature, proposed projects that support supply chain
  211  innovation.
  212         (2) The department shall accept applications from ports
  213  listed in s. 311.09(1); class I, II, or III freight railroads;
  214  public airports as defined in s. 330.27; and intermodal
  215  logistics centers or inland ports as defined in s. 311.101(2).
  216         (3)(a)The department shall collaborate with the Department
  217  of Transportation review applications submitted and select
  218  projects for awards that create strategic investments in
  219  infrastructure to increase capacity and address freight mobility
  220  to meet the economic development goals of the state.
  221         (b) Priority must be given to projects with innovative
  222  plans, advanced technologies, and development strategies that
  223  focus on future growth and economic prosperity of the supply
  224  chain across the state.
  225         (c) The department, in consultation with the Department of
  226  Transportation, must adopted selection criteria that includes,
  227  but is not limited to, consideration of the project’s:
  228         1. Consistency with plans and studies produced by the
  229  department, the Department of Transportation, or another state
  230  entity.
  231         2. Direct increase efficiency in the delivery of goods.
  232         3. Improvement of freight mobility access while reducing
  233  congestion. This may include overnight truck parking at rest
  234  areas, weigh stations, and intermodal logistics centers.
  235         4. Increase of fuel storage and distribution capacity
  236  across the state, including, but not limited to, petroleum,
  237  hydrogen, ethanol, and natural gas located at seaports and
  238  spaceports.
  239         5. Ability to secure a sustainable logistics transportation
  240  network throughout this state.
  241         6. Development of connections to multimodal transportation
  242  systems.
  243         7. Ability to address emerging supply chain and
  244  transportation industry challenges.
  245         (d)A public or private entity seeking to develop and
  246  establish vertiports in this state may also apply to the
  247  department for funding. For purposes of this subsection, the
  248  term “vertiport” means a system or infrastructure with
  249  supporting services and equipment used for landing, ground
  250  handling, and takeoff of manned or unmanned vertical takeoff and
  251  landing (VTOL) aircraft.
  252         (4) A minimum of a one-to-one match of nonstate resources,
  253  including local, federal, or private funds, to the state
  254  contribution is required. An award may not be made for a project
  255  that is receiving or using state funding from another state
  256  source or statutory program, including tax credits. The one-to
  257  one match requirement is waived for a public entity located in
  258  fiscally constrained county as defined in s. 218.67(1).
  259         (5) Projects may apply for funding for capital expenditures
  260  and operations but funding awarded under this section may not be
  261  used to pay salary and benefits or general business or office
  262  expenses. A project may not be awarded the entirety of any
  263  appropriation in a fiscal year.
  264         (6)The Department of Transportation and the Department of
  265  Commerce shall jointly select projects for award. Grants awarded
  266  under this program shall be administered by the department.
  267         (7)The Department of Commerce, in conjunction with the
  268  Department of Transportation, shall annually provide a list of
  269  each project awarded, the benefit of each project toward meeting
  270  the goals and objectives of the program, and the current status
  271  of each project. The department shall include such information
  272  in its annual incentives report required under s. 20.0065.
  273         (8) The department may adopt rules to implement this
  274  section.
  275         (9) This section expires June 30, 2034.
  276         Section 9. Paragraph (e) of subsection (2) of section
  277  288.0001, Florida Statutes, is created to read:
  278         288.0001 Economic Development Programs Evaluation.—The
  279  Office of Economic and Demographic Research and the Office of
  280  Program Policy Analysis and Government Accountability (OPPAGA)
  281  shall develop and present to the Governor, the President of the
  282  Senate, the Speaker of the House of Representatives, and the
  283  chairs of the legislative appropriations committees the Economic
  284  Development Programs Evaluation.
  285         (2) The Office of Economic and Demographic Research and
  286  OPPAGA shall provide a detailed analysis of economic development
  287  programs as provided in the following schedule:
  288         (e) By January 1, 2027, and every 3 years thereafter, an
  289  analysis of the Supply Chain Innovation Grant Program
  290  established under s. 288.102.
  291  
  292  ================= T I T L E  A M E N D M E N T ================
  293  And the title is amended as follows:
  294         Delete line 39
  295  and insert:
  296         future repeal; creating s. 288.102, F.S.; creating the
  297         Supply Chain Innovation Grant Program within the
  298         Department of Commerce; providing the purpose of the
  299         program; requiring the Department of Commerce and the
  300         Department of Transportation to consider applications
  301         and select grant awardees; requiring each award made
  302         to be matched by private funds; providing selection
  303         criteria; defining the term “vertiport”; authorizing
  304         the Department of Commerce to adopt rules; requiring a
  305         report; providing for expiration; amending s.
  306         288.0001, F.S.; requiring review of the Supply Chain
  307         Innovation Grant Program Office of Economic and
  308         Demographic Research and the Office of Program Policy
  309         Analysis and Government Accountability; amending s.
  310         445.003, F.S.; revising the